Proof of Publication_City Council Proceedings 9 6 11the Historic Federal
Building, 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 conduct
such business that may
properly come before
the City Council.
Pledge of Allegiance
Invocation was
provided by Joy
Peterson, PBVM,
Promoter of Peace and
Justice, Sinsinawa
Dominican Sisters
PROCLAMATIONS
9 -11 Memorial Day
(September 11, 2011)
was accepted by Luke
Arensdorf, 5205 Swiss
Valley Road, Asbury;
Day of Peace and
Cease Fire (September
21, 2011) was accepted
by Amy Golm, 1847
Carter Road; Shriners
Hospitals for Children
Day (September 25,
2011) was accepted by
Steve Bateman, 3005
Old Country Road, and
Dick Lorenz, 2355 Rose-
dale Street; Voices
From The Warehouse
District VII: Revolt: Re-
Energize Art In Amer-
ica Days (September
10- October 11, 2011)
was accepted by Gene
Tully, 448 Summit
Street
SELECTION OF CITY
CLERK
Applicants: Kevin
Firnstahl, Acting City
Clerk, Dubuque, Iowa;
Linda Gaul, City Clerk/
Treasurer, City of
Earlville, Iowa; Jennifer
Quinton, Deputy City
Clerk, City of Elgin,
Illinois; and Teevie
Walker, Assistant City
Clerk, City of Valley
Center, Kansas. Upon
roll call vote of 7 -0,
Kevin Firnstahl was
appointed to the
position of City Clerk.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents including
additional correspon-
dence, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Jones.
Motion carried 7 -0.
Minutes and Reports
Submitted: City Coun-
cil Proceedings of 8/15,
8/24 and 8/25; Com-
munity Development
Advisory Commission
of 7/20; Environmental
Stewardship Advisory
Commission of 8/2;
Historic Preservation
Commission of 8/18;
Historic Preservation
Commission Education
Task Force of 8/3;
Housing Commission of
7/26; Long Range
Planning Advisory
Commission of 8/17;
Transit Advisory Board
of 8/11
Proof of Publication
for City Council
Proceedings of August
2 and 15, 2011
Upon motion the
documents were
received and filed.
Notice of Claims/
Suits: Sarah Anthoney
for vehicle damage;
Nichole Bauer for
vehicle damage; Ann
Beau for property
damage; Ann Brandel
for property damage;
Charles Sulcer for
vehicle damage;
Robert and Katy
AluthmI inr nrnnar*v
the documents were
received, filed, and
approved.
General Obligation
Bonds Series 2011A
and Taxable General
Obligation Bonds
Series 20118: City
Manager recommend-
ing approval of amend-
ments to Resolution
Nos. 269 -11 and 271 -11
related to authorizing
the issuance of General
Obligation Bonds
Series 2011A and
Taxable General
Obligation Bonds
Series 2011B necessary
to conform the
authorizing resolution
for each series to the
definition of "record
date." Upon motion the
documents were
received and filed and
Resolution No. 288 -11
Amending Resolution
No. 269 -11 authorizing
the issuance, adopted
August 15, 2011.
(Series 2011A); and
Resolution No. 289 -11
Amending Resolution
No. 271 -11 Authorizing
the issuance, adopted
August 15, 2011 (Series
2011B) were adopted.
Health Alert Network
(HAN): City Manager
recommending appro-
val of a Memorandum
of Understanding and
associated documents
for continued use of
the Health Alert
Network (HAN) portal
system with the Iowa
Department of Public
Health. Upon motion
the documents were
received, filed, and
approved.
Hillcrest Family Ser-
vices - Parking Agree-
ment: City Manager
recommending appro-
val of an agreement
with Hillcrest Family
Services for 30 parking
spaces in Flora Park.
Upon motion the docu-
ments were received,
filed, and approved.
Green Industrial
Supply, Inc.: City Man-
ager recommending
submittal of a Financial
Assistance application
to the Iowa Depart-
ment of Economic
Development on behalf
of Green Industrial
Supply, Inc. Upon
motion the documents
were received and filed
and Resolution No. 290-
11 Authorizing the
filing of an application
for State Financial
Assistance on behalf of
Green Industrial Sup-
ply, Inc. was adopted.
Federal Jobs Access
Reverse Commute
(JARC) Grant Applica-
tion: City Manager
recommending appro-
val of a partnership
with the Regional
Transit Authority to
apply for a Federal Job
Access Reverse
Commute (JARC) grant
to create evening
routes that will operate
from 5:30 p.m. to 11:30
p.m. Monday through
Thursday. Upon motion
the documents were
received, filed, and
approved.
Google Transit: City
Manager recommend-
ing approval of a
contract with East
Central Intergovern-
mental Association/
Dubuque Metropolitan
Area Transportation
Agency for the
development of the
interface and submis-
sion of General Transit
Feed Specifications
data for the Google
AAane Transit nrnnram
Restoration Project -
Acquisition of 2422
Washington Street:
City Manager recom-
mending approval to
purchase property
located at 2422
Washington Street
owned by Kevin and
Colleen Klein for the
appraised value of
$67,000 as part of the
acquisition program
associated with the
Bee Branch Creek
Restoration Project.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 294-11 Approv-
ing the acquisition of
real estate owned by
Kevin and Colleen Klein
in the City of Dubuque
was adopted.
2011 Manhole Replace-
ment Project: City
Manager recommend-
ing acceptance of the
construction contract
for the 2011 Manhole
Replacement Project,
as completed by Drew
Cook & Sons Excavat-
ing, in the amount of
$35,858. Upon motion
the documents were
received and filed and
Resolution No. 295 -11
Accepting the 2011
Manhole Replacement
Project and authorizing
the payment of the
contract amount to the
contractor was
adopted.
North Grandview
Estates No. 2: City
Manager recommend-
ing approval to accept
a Quit claim Deed for
the Stormwater deten-
tion facilities in North
Grandview Estates No.
2. Upon motion the
documents were
received and filed and
Resolution No. 296 -11
Accepting conveyance
of property in North
Grandview Estates No.
2 to the City of
Dubuque was adopted.
Carnegie -Stout Public
Library Renovation
Project - Contract No.
6: City Manager recom-
mending acceptance of
the construction con-
tract for the Carnegie -
Stout Public Library
Renovation Project -
Contract No. 6, Flooring
and Tiling, as com-
pleted by Commercial
Flooring Co., in the
final contract amount
of $239,598.62. Upon
motion the documents
were received and filed
and Resolution No. 297-
11 Accepting the
Carnegie -Stout Public
Library Renovation
Project, Contract No. 6,
Flooring & Tiling, and
authorizing the pay-
ment of the contract
amount to the con-
tractor was adopted.
Four Mounds Founda-
tion - Funding Applica-
tion: City Manager
recommending City
Council support of an
application from the
Four Mounds Founda-
tion to the Community
Foundation of Greater
Dubuque. Upon motion
the documents were
received, filed, and
approved.
Westbrook Subdivi-
sion Phase 1: City
Manager recommend-
ing approval of an
Amendment to the
Development Agree-
ment with Callahan
Construction, Inc. to
correct the legal
description for Phase 1
of Westbrook Subdivi-
sion. Upon motion the
documents were
raraivari filari and
Panchero's Mexican
Grill. Upon motion the
documents were
received, filed, and
approved.
Alcohol Compliance -
Civil Penalties for
Alcohol License Hold-
ers - Shannon's Bar &
Grill: City Manager
recommending appro-
val of the Acknowledge-
ment / Settlement
Agreements for a
second offense alcohol
compliance violation
for Shannon's Bar &
Grill. Upon motion the
documents were
received, filed, and
approved.
Alcohol Compliance -
Civil Penalties for
Alcohol License Hold-
ers - Red Robin Ameri-
ca's Gourmet Burgers
& Spirits: City Manager
recommending appro-
val of the Acknowledge-
ment / Settlement
Agreements for a
second offense alcohol
compliance violation
for Red Robin
America's Gourmet
Burgers & Spirits. Upon
motion the documents
were received, filed,
and approved.
Signed Contracts: 1)
Water Pollution Control
Plant Modifications
Project Change Order
No. 10 with Miron
Construction Co. 2)
Water Pollution Control
Plant Modifications
Project Amendment
No. 4 with Strand
Associates, Inc. 3) Well
Field Electrical Up-
grades Project award
of Engineering Services
Contract to IIW
Engineers & Surveyors,
P.C. including addi-
tional correspondence
form Ghassan Halloush
of ALLTRANS, Inc. Upon
motion the documents
were received and
filed.
Liquor License
Refund: Request from
Rick Worcester of Off
Minor Bar for a refund
on Beer and Liquor
Combination License
No. BW0093628 in the
amount of $253.13.
Upon motion the docu-
ments were received,
filed, and approved.
Liquor License Appli-
cations: City Manager
recommending appro-
val of annual liquor
license renewals as
submitted. Upon mo-
tion the documents
were received and filed
and Resolution No. 299-
11 Granting the
issuance of a Class "C"
Beer /Liquor License to
the Twisted Pickle,
Grand River Center,
Red Robin Burgers,
National Mississippi
River Museum, Fat
Tuesday's, Crust Italian
Kitchen, and Hilton
Garden Inn /Houlihan's;
a Class "B" Wine
Permit to Wal -Mart
Supercenter #2004,
Family Mart, Inc., and
Crust Italian Kitchen; a
Special Class "C"
Liquor License (5 -Day
Special Event) to the
Dubuque County Fine
Arts Society and
Riverview Center /Ro-
shek Center; a Special
Class "C" Liquor
License (14 -Day Spe-
cial Event) to Dubuque
County Fine Arts
Society; and Resolution
No. 300 -11 Granting the
issuance of a Class "C"
Beer Permit to Family
Mart, Phillips 66/
Arby's, and Wal -Mart
Supercenter #2004
warp arinnted-
COMMISSIONS
Appointments to the
following Boards /Com-
missions: Zoning Advi-
sory Commission: One
3 -year term through
July 1, 2013 (Vacant
term of Stiles).
Applicant: Eugene Bird,
3357 Arrowwood Lane.
This appointment was
postponed subject to
the 2012 State of Iowa
Gender Balance Law.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City
Council.
Petition to Vacate -
1900 Block of Garfield
Avenue: Proof of
publication on notice
of public hearing to
consider a request by
Brian Goranson to
vacate a portion of a
public alley abutting
1902, 1912, 1946, 1952,
and 1956 Garfield
Avenue in the City of
Dubuque and the City
Manager recommend-
ing approval. Motion
by Lynch to receive
and file the documents
and adopt Resolution
No. 304-11 Vacating a
portion of the public
alley abutting 1902,
1912, 1946, 1952, and
1956 Garfield Avenue;
and Resolution No. 305-
11 Disposing of City
interest in Lots 148A,
149A, 150A, 151A and
152A in Ham's Addition
in the City of Dubuque,
Dubuque County, Iowa.
Seconded by Jones.
Motion carried 7 -0.
Sale of Property -
2300 Washington
Street: Proof of
publication on notice
of public hearing to
consider disposal of
City -owned property at
2300 Washington
Street to Habitat for
Humanity and the City
Manager recommend-
ing approval. Motion
by Connors to receive
and file the documents
and adopt Resolution
No. 306 -11 Resolution
of intention to dispose
of City -owned proper-
ty, specifically, Lot 2 of
Bee Branch Subdivision
No. 1 in the City of
Dubuque, Iowa, accord-
ing to the recorded
Plat thereof - 2300
Washington Street.
Seconded by Braig.
Motion carried 7 -0.
Sale of Property -
2302 Washington
Street: Proof of
publication on notice
of public hearing to
consider disposal of
City -owned property at
2302 Washington
Street to Habitat for
Humanity and the City
Manager recommend-
ing approval. Motion
by Lynch to receive
and file the documents
and adopt Resolution
No. 307 -11 Resolution
of intention to dispose
of City -owned proper-
ty, specifically, Lot 1 of
Bee Branch Subdivision
No. 1 in the City of
Dubuque, Iowa, accord-
ing to the recorded
Plat thereof - 2302
Washington Street.
Seconded by Connors.
Motion carried 7 -0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Pump Room Roof
Replacement Project:
City Manager recom-
mending award of the
construction contract
for the Pump Room
ger recommending
approval to purchase
the lot at 517 East 22nd
Street as part of the
Bee Branch Creek
Restoration Project.
Motion by Connors to
receive and file the
documents and adopt
Resolution No. 312 -11
Approving the acqui-
sition of real estate
located at 517 E. 22nd
Street, in the City of
Dubuque, Iowa.
Seconded by Braig.
Motion carried 7 -0.
Storm Water Fees for
Spec Building: City Man-
ager recommending
that Spiegel Family
Realty Company Iowa,
LLC not be required to
pay the storm water
fee on the spec build-
ing in the Dubuque
Industrial Center West
until the property is
leased or sold, but no
later than December 1,
2013. Motion by Braig
to receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Connors. Motion car-
ried 7 -0.
Family Self -Suffi-
ciency Program -
Request for Work
Session: City Manager
requesting a City
Council work session
for November 21, 2011
regarding the Family
Self- Sufficiency Pro-
gram. Motion by Jones
to receive and file the
documents and sche-
dule a work session for
November 21, 2011.
Seconded by Braig.
Motion carried 7 -0.
National League of
Cities (NLC): Corres-
pondence from the
National League of
Cities requesting that
the City designate a
voting delegate and
alternate voting dele-
gate for the upcoming
National League of
Cities (NLC) Annual
Business meeting on
November 12, 2011.
Motion by Connors to
receive and file the
document, accept the
appointment of voting
delegate and that
Council Member Sutton
be appointed as the
alternate voting dele-
gate. Seconded by Res-
nick. Motion carried 7-0.
COUNCIL MEMBER
REPORTS
Braig acknowledged
the attendance of Boy
Scout Troup 10 from
Nativity School.
Jones stated that he
would like staff to
explore expanding the
animal control pro-
gram to include wild
animals as a result of
foxes seen on Indiana
Court.
Resnick stated that
the community is lucky
have such great
institutions of higher
learning as well as
public and private
schools.
CLOSED SESSION
Motion by Jones to
convene in closed
session at 7:35 p.m.
regarding pending liti-
gation pursuant to
Chapter 21.5(1)(c)
Code of Iowa. Second-
ed by Resnick. Motion
carried 7 -0.
Upon motion the City
Council reconvened in
open session at 7:44
p.m. stating that staff
had been given proper
direction.
There being no
further business, upon
motion the City Council
adlourned at 7:45 o.m.
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: September 14, 2011, and for which the charge is $362.39.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this I to day of C A� a , . , 20 ■ -
Paesa--
ary Public in and for Dubuque County, Iowa.
JANET K. PAPE
Commission Number 199659
My Comm. Exp. DEC 11, 2013
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
SPECIAL SESSION
The Dubuque City
Council met in special
session at 5:15 p.m. on
September 6, 2011 in
the Historic Federal
Building, 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
special session of the
City Council to conduct
a work session on
Green Vision
Education.
WORK SESSION
GREEN VISION
EDUCATION
Bev Wagner, Educa-
tion Coordinator for
the Dubuque Metropol-
itan Area Solid Waste
Agency (DMASWA),
Brenda Mitchell of
Table Mound Elemen-
tary School, and Dave
Gross of Resurrection
Catholic School pro-
vided a slide presen-
tation on Green Vision
Education. Sustainable
Dubuque Coordinator
Cori Burbach and
Resource Management
Coordinator Paul
Schultz, responded to
questions from City
Council. Highlights
included:
•Green Vision Educa-
tion program history
•Green Vision School
benefits
•Achieving and main-
taining a Green Vision
Education award
•Initial assessment
points
•Green Vision Patch
Partners
'watershed aware-
ness
'energy conservation
'litter -free school
"sustainable nutrition
`eco- literacy
•Current Green Vision
Education schools
•Schools working
toward Green Vision
Education award
•Progress portfolio
Green Vision Educa-
tion Office
1450 Alta Vista Street
Dubuque, Iowa, 52001
563.588.7935
There being no fur-
ther business, upon
motion the City Council
adjourned at 5:56 p.m.
Kevin S. Firnstahl
City Clerk
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
REGULAR SESSION
The Dubuque City
Council met in regular
session at 6:30 p.m. on
September 6, 2011 in
Applicants: Kevin
Firnstahl, Acting City
Clerk, Dubuque, Iowa;
Linda Gaul, City Clerk/
Treasurer, City of
Earlville, Iowa; Jennifer
Quinton, Deputy City
Clerk, City of Elgin,
Illinois; and Teevie
Walker, Assistant City
Clerk, City of Valley
Center, Kansas. Upon
roll call vote of 7 -0,
Kevin Firnstahl was
appointed to the
position of City Clerk.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents including
additional correspon-
dence, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Jones.
Motion carried 7 -0.
Minutes and Reports
Submitted: City Coun-
cil Proceedings of 8/15,
8/24 and 8/25; Com-
munity Development
Advisory Commission
of 7/20; Environmental
Stewardship Advisory
Commission of 8/2;
Historic Preservation
Commission of 8/18;
Historic Preservation
Commission Education
Task Force of 8/3;
Housing Commission of
7/26; Long Range
Planning Advisory
Commission of 8/17;
Transit Advisory Board
of 8/11
Proof of Publication
for City Council
Proceedings of August
2 and 15, 2011
Upon motion the
documents were
received and filed.
Notice of Claims/
Suits: Sarah Anthoney
for vehicle damage;
Nichole Bauer for
vehicle damage; Ann
Beau for property
damage; Ann Brandel
for property damage;
Charles Sulcer for
vehicle damage;
Robert and Katy
Wethal for property
damage; Marlin Witt-
man for property
damage; Tim and Kim
Wittstock for property
damage; Greg and Kim
Yoko for personal
injury and property
damage. Upon motion
the documents were
received, flied 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: Sarah
Anthoney for vehicle
damage; Ann Beau for
property damage; Ann
Brandel for property
damage; Nickole O'Con-
nor for property dam-
age; George Weinberg
for vehicle damage;
Marlin Wittman for
property damage; Tim
Wittstock for property
damage. Upon motion
the documents were
received, filed and
concurred.
National Endowment
for the Arts / Art
Works: City Manager
transmitting correspon-
dence and a press
release from Rocco
Landesman, Chairman
of the National Endow-
ment for the Arts
(NEA), congratulating
the City on receiving
an Our Town grant
from the NEA /Art
Works to support
planning and design
related to the Historic
Millwork District. Upon
motion the document
was received and filed.
Investment Oversight
Advisory Commission:
The Investment Over-
sight Commission sub-
mitting the 73rd
Quarterly Report. Upon
motion the documents
were received and
filed.
Office of the City
Assessor: Correspon-
dence from City Asses-
sor Rick A. Engelken
informing the City that
the Conference Board
has of a Notice of
Appeal and Petition
before the Property
Assessment Appeal
Board in Des Moines.
Upon motion the docu-
ment was received and
filed.
Mediacom: Correspon-
dence from Lee Grass -
ley, Senior Manager of
Government Relations
for Med iacom Commun-
ications Company
informing the City of
changes in program-
ming. Upon motion the
documents were
received and filed.
Maintenanceworker
Position - Public Works
Department: City Man-
ager recommending
that the vacant
Maintenanceworker
position in the Public
Works Department be
reclassified as an
Equipment Operator I,
by eliminating the
Maintenanceworker
position and creating
an Equipment Operator
I position. Upon motion
approved.
Hillcrest Family Ser-
vices - Parking Agree-
ment: City Manager
recommending appro-
val of an agreement
with Hillcrest Family
Services for 30 parking
spaces in Flora Park.
Upon motion the docu-
ments were received,
filed, and approved.
Green Industrial
Supply, Inc.: City Man-
ager recommending
submittal of a Financial
Assistance application
to the Iowa Depart-
ment of Economic
Development on behalf
of Green Industrial
Supply, Inc. Upon
motion the documents
were received and filed
and Resolution No. 290-
11 Authorizing the
filing of an application
for State Financial
Assistance on behalf of
Green Industrial Sup-
ply, Inc. was adopted.
Federal Jobs Access
Reverse Commute
(JARC) Grant Applica-
tion: City Manager
recommending appro-
val of a partnership
with the Regional
Transit Authority to
apply for a Federal Job
Access Reverse
Commute (JARC) grant
to create evening
routes that will operate
from 5:30 p.m. to 11:30
p.m. Monday through
Thursday. Upon motion
the documents were
received, filed, and
approved.
Google Transit: City
Manager recommend-
ing approval of a
contract with East
Central Intergovern-
mental Association/
Dubuque Metropolitan
Area Transportation
Agency for the
development of the
interface and submis-
sion of General Transit
Feed Specifications
data for the Google
Maps Transit program.
Upon motion the docu-
ments were received,
filed, and approved.
Jeld -Wen, Inc. -
Irrevocable License:
City Manager recom-
mending approval of
an Irrevocable License
with Jeld -Wen, Inc. to
construct a loading
dock on the public
right -of -way of Jackson
Street between East
7th & East 8th Streets.
Upon motion the docu-
ments were received,
filed, and approved.
Sustainable Dubuque -
Monthly Project Status
Update: City Manager
submitting the Sustain-
able Dubuque monthly
project status update
for August 2011. Upon
motion the documents
were received and
filed.
Bee Branch Creek
Restoration Project -
Acquisition of 513 E.
22nd Street: City Mana-
ger recommending
approval to purchase
property located at 513
East 22nd Street
owned by Ron and
Sandra Conrad for the
appraised value of
$60,000 as part of the
acquisition program
associated with the
Bee Branch Creek
Restoration Project.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 291 -11 Approv-
ing the acquisition of
real estate owned by
Ron and Sandra
Conrad in the City of
Dubuque was adopted.
Bee Branch Creek
Restoration Project -
Acquisition of 515 E.
22nd Street: City Mana-
ger recommending
approval to purchase
property located at 515
E. 22nd Street owned
by Paul and Helene Hill
for the appraised value
of $57,000 as part of
the acquisition pro-
gram associated with
the Bee Branch Creek
Restoration Project.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 292 -11 Approv-
ing the acquisition of
real estate owned by
Paul and Helene Hill in
the City of Dubuque
was adopted.
Bee Branch Creek
Restoration Project -
Acquisition of 316 E.
24th Street: City Mana-
ger recommending
approval to purchase
property located at 316
E. 24th Street owned
by Melvin and Theresa
Spiegelhalter for the
appraised value of
$67,000 as part of the
acquisition program
associated with the
Bee Branch Creek
Restoration Project.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 293 -11 Approv-
ing the acquisition of
real estate owned by
Melvin and Theresa
Spiegelhalter in the
City of Dubuque was
adopted.
Bee Branch Creek
tion facilities in North
Grandview Estates No.
2. Upon motion the
documents were
received and filed and
Resolution No. 296 -11
Accepting conveyance
of property in North
Grandview Estates No.
2 to the City of
Dubuque was adopted.
Carnegie -Stout Public
Library Renovation
Project - Contract No.
6: City Manager recom-
mending acceptance of
the construction con-
tract for the Carnegie -
Stout Public Library
Renovation Project -
Contract No. 6, Flooring
and Tiling, as com-
pleted by Commercial
Flooring Co., in the
final contract amount
of $239,598.62. Upon
motion the documents
were received and filed
and Resolution No. 297-
11 Accepting the
Carnegie -Stout Public
Library Renovation
Project, Contract No. 6,
Flooring & Tiling, and
authorizing the pay-
ment of the contract
amount to the con-
tractor was adopted.
Four Mounds Founda-
tion - Funding Applica-
tion: City Manager
recommending City
Council support of an
application from the
Four Mounds Founda-
tion to the Community
Foundation of Greater
Dubuque. Upon motion
the documents were
received, filed, and
approved.
Westbrook Subdivi-
sion Phase 1: City
Manager recommend-
ing approval of an
Amendment to the
Development Agree-
ment with Callahan
Construction, Inc. to
correct the legal
description for Phase 1
of Westbrook Subdivi-
sion. Upon motion the
documents were
received, filed, and
approved.
Kresge Foundation -
Advancing Safe and
Healthy Homes for
Children and Families
Initiative: City Manager
recommending appro-
val of an application to
the Kresge Foundation
for an Advancing Safe
and Healthy Homes for
Children and Families
Initiative grant for
$750,000. Upon motion
the documents were
received and filed and
Resolution No. 298 -11
Authorizing the Mayor
to execute an appli-
cation to the Kresge
Foundation for the
Advancing Safe and
Healthy Homes for
Children and Families
Initiative (ASHHCFI)
was adopted.
Federal Transit Admin-
istration: City Manager
transmitting correspon-
dence from Cindy
Terwilliger, Deputy
Regional Administrator
for the Federal Transit
Administration Region
VII, thanking Transpor-
tation Director Barbara
Morck and the City for
hosting the members
of the Regional VII
Livable and Sustain-
able Communities
Partnership on July 25-
26, 2011. Upon motion
the document was
received and filed.
Government Finance
Officers Association:
The City Manager
advising that the City
of Dubuque has been
awarded its 23rd
consecutive Certificate
of Achievement for
Excellence in Financial
Reporting from the
Government Officers
Finance Association.
Upon motion the docu-
ments were received
and filed.
AmeriCorps - Partners
in Learning: City Mana-
ger recommending
approval to execute a
grant agreement with
the Iowa Commission
on Volunteer Service
for the City of Dubuque
AmeriCorps Program.
Upon motion the
documents were
received, filed, and
approved.
Request for Proposal -
Camera Documenta-
tion Services: City Man-
ager recommending
issuance of a Request
for Proposal (RFP) to
seek qualified vendors
to provide camera
documentation of con-
struction at the Water
and Resource Recovery
Center and to author-
ize the City Manager to
negotiate a contract
with the recommended
vendor. Upon motion
the documents were
received, filed, and
approved.
Alcohol Compliance -
Civil Penalties for Alco-
hol License Holders -
Panchero's Mexican
Grill: City Manager
recommending appro-
val of the Acknowledge-
ment / Settlement
Agreements for a first
offense alcohol com-
pliwce viola' .on for
of Engineering Services
Contract to IIW
Engineers & Surveyors,
P.C. including addi-
tional correspondence
form Ghassan Halloush
of ALLTRANS, Inc. Upon
motion the documents
were received and
filed.
Liquor License
Refund: Request from
Rick Worcester of Off
Minor Bar for a refund
on Beer and Liquor
Combination License
No. BW0093628 in the
amount of $253.13.
Upon motion the docu-
ments were received,
filed, and approved.
Liquor License Appli-
cations: City Manager
recommending appro-
val of annual liquor
license renewals as
submitted. Upon mo-
tion the documents
were received and filed
and Resolution No. 299-
11 Granting the
issuance of a Class "C"
Beer /Liquor License to
the Twisted Pickle,
Grand River Center,
Red Robin Burgers,
National Mississippi
River Museum, Fat
Tuesday's, Crust Italian
Kitchen, and Hilton
Garden Inn /Houlihan's;
a Class "B" Wine
Permit to Wal -Mart
Supercenter #2004,
Family Mart, Inc., and
Crust Italian Kitchen; a
Special Class "C"
Liquor License (5 -Day
Special Event) to the
Dubuque County Fine
Arts Society and
Riverview Center /Ro-
shek Center; a Special
Class "C" Liquor
License (14 -Day Spe-
cial Event) to Dubuque
County Fine Arts
Society; and Resolution
No. 300 -11 Granting the
issuance of a Class "C"
Beer Permit to Family
Mart, Phillips 66/
Arby's, and Wal -Mart
Supercenter #2004
were adopted.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, set the
public hearings as
indicated, and direct
the City Clerk to
publish notice as
prescribed by law.
Seconded by Resnick.
Motion carried 7 -0.
Fiscal Year 2012
Budget Amendment
No. 1: City Manager
recommending setting
a public hearing on
September 19, 2011 on
the Fiscal Year 2012
Budget Amendment
No. 1. Upon motion the
documents were
received and filed and
Resolution No. 301 -11
Setting the date for the
public hearing on
Amendment No. 1 to
the Fiscal Year 2012
Budget for the City of
Dubuque was adopted
setting a public
hearing for a meeting
to commence at 6:30
p.m. on September 19,
2011 in the Historic
Federal Building.
Rose of Dubuque, LP -
Development Agree-
ment: City Manager
recommending setting
a public hearing for
September 19, 2011 on
a Development Agree-
ment with the Rose of
Dubuque, LP for a 70-
unit affordable living
facility on Lake Ridge
Drive. Upon motion the
documents were
received and filed and
Resolution No. 302 -11
Fixing the date for a
public hearing of the
City Council of the City
of Dubuque, Iowa, on
the proposed issuance
of Urban Renewal Tax
Increment Revenue
Obligations and the
execution of a
Development Agree-
ment relating thereto
with the Rose of
Dubuque, L.P., and
providing for the
publication of notice
thereof was adopted
setting a public
hearing for a meeting
to commence at 6:30
p.m. on September 19,
2011 in the Historic
Federal Building.
Dubuque River Rides,
Inc. - Docking Lease
Agreement: City Mana-
ger recommending
setting a public
hearing for September
19, 2011 on the
proposed Docking
License Agreement
between the City of
Dubuque and Dubuque
River Rides, Inc. Upon
motion the documents
were received and filed
and Resolution No. 303-
11 Resolution of intent
to dispose of an
interest in real
property by License
Agreement with
Dubuque River Rides,
Inc. was adopted
setting a public
hearing for a meeting
to commence at 6:30
p.m. on September 19,
2011 in the Historic
Federal Building.
BOARDS/
Sale or Property -
2300 Washington
Street: Proof of
publication on notice
of public hearing to
consider disposal of
City -owned property at
2300 Washington
Street to Habitat for
Humanity and the City
Manager recommend-
ing approval. Motion
by Connors to receive
and file the documents
and adopt Resolution
No. 306 -11 Resolution
of intention to dispose
of City -owned proper-
ty, specifically, Lot 2 of
Bee Branch Subdivision
No. 1 in the City of
Dubuque, Iowa, accord-
ing to the recorded
Plat thereof - 2300
Washington Street.
Seconded by Braig.
Motion carried 7 -0.
Sale of Property -
2302 Washington
Street: Proof of
publication on notice
of public hearing to
consider disposal of
City -owned property at
2302 Washington
Street to Habitat for
Humanity and the City
Manager recommend-
ing approval. Motion
by Lynch to receive
and file the documents
and adopt Resolution
No. 307 -11 Resolution
of intention to dispose
of City -owned proper-
ty, specifically, Lot 1 of
Bee Branch Subdivision
No. 1 in the City of
Dubuque, Iowa, accord-
ing to the recorded
Plat thereof - 2302
Washington Street.
Seconded by Connors.
Motion carried 7 -0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Pump Room Roof
Replacement Project:
City Manager recom-
mending award of the
construction contract
for the Pump Room
Roof Replacement Pro-
ject to Jim Giese Com-
mercial Roofing in the
amount of $75,433.
Motion by Lynch to
receive and file the
documents and adopt
Resolution No. 308 -11
Awarding public im-
provement contract for
Eagle Point Water
Plant Pump Room Roof
Replacement Project -
CIP 740-220. Seconded
by Connors. Motion
carried 7-0.
Creek Wood Park -
Timber-Hyrst Place:
City Manager recom-
mending acceptance of
the donation by Marty
McNamer of Lot 2 of
Timber -Hyrst Place #2
Subdivision for a mini
park. The Park and
Recreation Commis-
sion recommends nam-
ing the park Creek
Wood Park as it is
located on Creek Wood
Drive. It is recom-
mended that the City
Council select Creek
Wood Park as the
name for this park.
Motion by Braig to
receive and file the
documents, approve
the recommended
name and adopt
Resolution No. 309 -11
Accepting the deed to
certain real estate in
Dubuque County, Iowa,
from North Cascade
Road Developers, LLC,
an Iowa Limited
Liability Company.
Seconded by Jones.
Motion carried 7 -0.
Liberty Subdivision -
Approval of Final Plat:
City Manager recom-
mending approval of
the Final Plat for
Liberty Subdivision.
Motion by Connors to
receive and file the
documents and adopt
Resolution No. 310 -11
Authorizing the appro-
val of the Final Plat of
Liberty Subdivision in
the City of Dubuque,
Iowa. Seconded by
Jones. Responding to
questions from City
Council Planning Ser-
vices Laura Carstens
stated that the street
condition will be
monitored through the
Engineering Depart-
ment as with any
development. Motion
carried 7 -0.
Dubuque Initiatives -
3rd Amendment to
Development Agree-
ment: City Manager
recommending appro-
val of a resolution
amending the Devel-
opment Agreement
between the City of
Dubuque and Dubuque
Initiatives for the
redevelopment of the
Historic Roshek Build-
ing. Motion by Jones to
receive and file the
documents and adopt
Resolution No. 311 -11
Approving the Third
Amendment to the
Roshek Building Devel-
opment Agreement.
Seconded by Braig.
Motion carried 7 -0.
Bee Branch Creek
Restoration Project -
Acquisition of 517 E.
22nd Street: City Mana-
MULIVII Lai 1 icu ,- .
National League of
Cities (NLC): Corres-
pondence from the
National League of
Cities requesting that
the City designate a
voting delegate and
alternate voting dele-
gate for the upcoming
National League of
Cities (NLC) Annual
Business meeting on
November 12, 2011.
Motion by Connors to
receive and file the
document, accept the
appointment of voting
delegate and that
Council Member Sutton
be appointed as the
alternate voting dele-
gate. Seconded by Res-
nick. Motion carried 7 -0.
COUNCIL MEMBER
REPORTS
Braig acknowledged
the attendance of Boy
Scout Troup 10 from
Nativity School.
Jones stated that he
would like staff to
explore expanding the
animal control pro-
gram to include wild
animals as a result of
foxes seen on Indiana
Court.
Resnick stated that
the community is lucky
have such great
institutions of higher
learning as well as
public and private
schools.
CLOSED SESSION
Motion by Jones to
convene in closed
session at 7:35 p.m.
regarding pending liti-
gation pursuant to
Chapter 21.5(1)(c)
Code of Iowa. Second-
ed by Resnick. Motion
carried 7 -0.
Upon motion the City
Council reconvened in
open session at 7:44
p.m. stating that staff
had been given proper
direction.
There being no
further business, upon
motion the City Council
adjourned at 7:45 p.m.
Kevin S. Firnstahl
City Clerk
It 9/14
subscrlbea to Deluxe 111G, a t -uLaiy 1 UW1%, is
this day of
0
the Historic Federal
Building, 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 conduct
such business that may
properly come before
the City Council.
Pledge of Allegiance
Invocation was
provided by Joy
Peterson, PBVM,
Promoter of Peace and
Justice, Sinsinawa
Dominican Sisters
PROCLAMATIONS
9-11 Memorial Day
(September 11, 2011)
was accepted by Luke
Arensdorf, 5205 Swiss
Valley Road, Asbury;
Day of Peace and
Cease Fire (September
21, 2011) was accepted
by Amy Golm, 1847
Carter Road; Shriners
Hospitals for Children
Day (September 25,
2011) was accepted by
Steve Bateman, 3005
Old Country Road, and
Dick Lorenz, 2355 Rose-
dale Street; Voices
From The Warehouse
District VII: Revolt: Re -
Energize Art In Amer-
ica Days (September
10- October 11, 2011)
was accepted by Gene
Tully, 448 Summit
Street
SELECTION OF CITY
CLERK
Applicants: Kevin
Firnstahl, Acting City
Clerk, Dubuque, Iowa;
Linda Gaul, City Clerk/
Treasurer, City of
Earlville, Iowa; Jennifer
Quinton, Deputy City
Clerk, City of Elgin,
Illinois; and Teevie
Walker, Assistant City
Clerk, City of Valley
Center, Kansas. Upon
roll call vote of 7-0,
Kevin Firnstahl was
appointed to the
position of City Clerk.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents including
additional correspon-
dence, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Jones.
Motion carried 7-0.
Minutes and Reports
Submitted: City Coun-
cil Proceedings of 8/15,
8/24 and 8/25; Com-
munity Development
Advisory Commission
of 7/20; Environmental
Stewardship Advisory
Commission of 8/2;
Historic Preservation
Commission of 8/18;
Historic Preservation
Commission Education
Task Force of 8/3;
Housing Commission of
7/26; Long Range
Planning Advisory
Commission of 8/17;
Transit Advisory Board
of 8/11
Proof of Publication
for • City Council
Proceedings of August
2 and 15, 2011
Upon motion the
documents were
received and filed.
Notice of Claims/
Suits: Sarah Anthoney
for vehicle damage;
Nichole Bauer for
vehicle damage; Ann
the documents were
received, filed, and
approved.
General Obligation
Bonds Series 2011A
and Taxable General
Obligation Bonds
Series 2011B: City
Manager recommend-
ing approval of amend-
ments to Resolution
Nos. 269-11 and 271-11
related to authorizing
the issuance of General
Obligation Bonds
Series 2011A and
Taxable General
Obligation Bonds
Series 2011E necessary
to conform the
authorizing resolution
for each series to the
definition of "record
date." Upon motion the
documents were
received and filed and
Resolution No. 288-11
Amending Resolution
No. 269-11 authorizing
the issuance, adopted
August 15, 2011.
(Series 2011A); and
Resolution No. 289-11
Amending Resolution
No. 271-11 Authorizing
the issuance, adopted
August 15, 2011 (Series
2011B) were adopted.
Health Alert Network
(HAN): City Manager
recommending appro-
val of a Memorandum
of Understanding and
associated documents
for continued use of
the Health Alert
Network (HAN) portal
system with the Iowa
Department of Public
Health. Upon motion
the documents were
received, filed, and
approved.
Hillcrest Family Ser-
vices - Parking Agree-
ment: City Manager
recommending appro-
val of an agreement
with Hillcrest Family
Services for 30 parking
spaces in Flora Park.
Upon motion the docu-
ments were received,
filed, and approved.
Green Industrial
Supply, Inc.: City Man-
ager recommending
submittal of a Financial
Assistance application
to the Iowa Depart-
ment of Economic
Development on behalf
of Green Industrial
Supply, Inc. Upon
motion the documents
were received and filed
and Resolution No. 290-
11 Authorizing the
filing of an application
for State Financial
Assistance on behalf of
Green Industrial Sup-
ply, Inc. was adopted.
Federal Jobs Access
Reverse Commute
(JARC) Grant Applica-
tion: City Manager
recommending appro-
val of a partnership
with the Regional
Transit Authority to
apply for a Federal Job
Access Reverse
Commute (JARC) grant
to create evening
routes that will operate
from 5:30 p.m. to 11:30
p.m. Monday through
Thursday. Upon motion
the documents were
received, filed, and
approved.
Google Transit: City
Manager recommend-
ing approval of a
contract with East
Central Intergovern-
mental Association/
Dubuque Metropolitan
Area Transportation
•
Restoration Project -
Acquisition of 2422
Washington Street:
City Manager recom-
mending approval to
purchase property
located at 2422
Washington Street
owned by Kevin and
Colleen Klein for the
appraised value of
$67,000 as part of the
acquisition program
associated with the
Bee Branch Creek
Restoration Project.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 294-11 Approv-
ing the acquisition of
real estate owned by
Kevin and Colleen Klein
in the City of Dubuque
was adopted.
2011 Manhole Replace-
ment Project: City
Manager recommend-
ing acceptance of the
construction contract
for the 2011 Manhole
Replacement Project,
as completed by Drew
Cook & Sons Excavat-
ing, in the amount of
$35,858. Upon motion
the documents were
received and filed and
Resolution No. 295-11
Accepting the 2011
Manhole Replacement
Project and authorizing
the payment of the
contract amount to the
contractor was
adopted.
North Grandview
Estates No. 2: City
Manager recommend-
ing approval to accept
a Quit claim Deed for
the Stormwater deten-
tion facilities in North
Grandview Estates No.
2. Upon motion the
documents were
received and filed and
Resolution No. 296-11
Accepting conveyance
of property in North
Grandview Estates No.
2 to the City of
Dubuque was adopted.
Carnegie -Stout Public
Library Renovation
Project - Contract No.
6: City Manager recom-
mending acceptance of
the construction con-
tract for the Carnegie -
Stout Public Library
Renovation Project -
Contract No. 6, Flooring
and Tiling, as com-
pleted by Commercial
Flooring Co., in the
final contract amount
of $239,598.62. Upon
motion the documents
were received and filed
and Resolution No. 297-
11 Accepting the
Carnegie -Stout Public
Library Renovation
Project, Contract No. 6,
Flooring & Tiling, and
authorizing the pay-
ment of the contract
amount to the con-
tractor was adopted.
Four Mounds Founda-
tion - Funding Applica-
tion: City Manager
recommending City
Council support of an
application from the
Four Mounds Founda-
tion to the Community
Foundation of Greater
Dubuque. Upon motion
the documents were
received, filed, and
approved.
Westbrook Subdivi-
sion Phase I: City
Manager recommend-
ing approval of an
Amendment to the
Development Agree-
ment with Callahan
Panchero's Mexican
Grill. Upon motion the
documents were
received, filed, and
approved.
Alcohol Compliance -
Civil Penalties for
Alcohol License Hold-
ers - Shannon's Bar &
Grill: City Manager
recommending appro-
val of the Acknowledge-
ment / Settlement
Agreements for a
second offense alcohol
compliance violation
for Shannon's Bar &
Grill. Upon motion the
documents were
received, filed, and
approved.
Alcohol Compliance
Civil Penalties for
Alcohol License Hold-
ers - Red Robin Ameri-
ca's Gourmet Burgers
& Spirits: City Manager
recommending appro-
val of the Acknowledge-
ment / Settlement
Agreements for a
second offense alcohol
compliance violation
for Red Robin
America's Gourmet
Burgers & Spirits. Upon
motion the documents
were received, filed,
and approved.
Signed Contracts: 1)
Water Pollution Control
Plant Modifications
Project Change Order
No. 10 with Miron
Construction Co. 2)
Water Pollution Control
Plant Modifications
Project Amendment
No. 4 with Strand
Associates, Inc. 3) Well
Field Electrical Up-
grades Project award
of Engineering Services
Contract to IIW
Engineers & Surveyors,
P.C. including addi-
tional correspondence
form Ghassan Halloush
of ALLTRANS, Inc. Upon
motion the documents
were received and
filed.
Liquor License
Refund: Request from
Rick Worcester of Off
Minor Bar for a refund
on Beer and Liquor
Combination License
No. BW0093628 in the
amount of $253.13.
Upon motion the docu-
ments were received,
filed, and approved.
Liquor License Appli-
cations: City Manager
recommending appro-
val of annual liquor
license renewals as
submitted. Upon mo-
tion the documents
were received and filed
and Resolution No. 299-
11 Granting the
issuance of a Class "C"
Beer/Liquor License to
the Twisted Pickle,
Grand River Center,
Red Robin Burgers,
National Mississippi
River Museum, Fat
Tuesday's, Crust Italian
Kitchen, and Hilton
Garden Inn/Houllhan's;
a Class "B" Wine
Permit to Wal-Mart
Supercenter #2004,
Family Mart, Inc., and
Crust Italian Kitchen; a
Special Class "C"
Liquor License (5-Day
Special Event) to the
Dubuque County Fine
Arts Society and
Riverview Center/Ro-
shek Center; a Special
Class "C" Liquor
License (14-Day Spe-
cial Event) to Dubuque
County Fine Arts
Society; and Resolution
COMMISSIONS
Appointments to the
following Boards/Com-
missions: Zoning Advi-
sory Commission: One
3-year term through
July 1, 2013 (Vacant
term of Stiles).
Applicant: Eugene Bird,
3357 Arrowwood Lane.
This appointment was
postponed subject to
the 2012 State of Iowa
Gender Balance Law.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow
ing anyone present to
address the City
Council.
Petition to Vacate -
1900 Block of Garfield
Avenue: Proof of
publication on notice
of public hearing to
consider a request by
Brian Goranson to
vacate a portion of a
public alley abutting
1902, 1912, 1946, 1952,
and 1956 Garfield
Avenue in the City of
Dubuque and the City
Manager recommend-
ing approval. Motion
by Lynch to receive
and file the documents
and adopt Resolution
No. 304-11 Vacating a
portion of the public
alley abutting 1902,
1912, 1946, 1952, and
1956 Garfield Avenue;
and Resolution No. 305-
11 Disposing of City
interest in Lots 148A,
149A, 150A, 151A and
152A in Ham's Addition
in the City of Dubuque,
Dubuque County, Iowa.
Seconded by Jones.
Motion carried 7-0.
Sale of Property -
2300 Washington
Street: Proof of
publication on notice
of public hearing to
consider disposal of
City -owned property at
2300 Washington
Street to Habitat for
Humanity and the City
Manager recommend-
ing approval. Motion
by Connors to receive
and file the documents
and adopt Resolution
No. 306-11 Resolution
of intention to dispose
of City -owned proper-
ty, specifically, Lot 2 of
Bee Branch Subdivision
No. 1 in the City of
Dubuque, Iowa, accord-
ing to the recorded
Plat thereof - 2300
Washington Street.
Seconded by Braig.
Motion carried 7-0.
Sale of Property -
2302 Washington
Street: Proof of
publication on notice
of public hearing to
consider disposal of
City -owned property at
2302 Washington
Street to Habitat for
Humanity and the City
Manager recommend-
ing approval. Motion
by Lynch to receive
and file the documents
and adopt Resolution
No. 307-11 Resolution
of intention to dispose
of City -owned proper-
ty, specifically, Lot 1 of
Bee Branch Subdivision
No. 1 in the City of
Dubuque, Iowa, accord-
ing to the recorded
Plat thereof - 2302
Washington Street.
Seconded by Connors.
Motion carried 7-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ger recommending
approval to purchase
the lot at 517 East 22nd
Street as part of the
Bee Branch Creek
Restoration Project.
Motion by Connors to
receive and file the
documents and adopt
Resolution No. 312-11
Approving the acqui-
sition of real estate
located at 517 E. 22nd
Street, in the City of
Dubuque, Iowa.
Seconded by Braig.
Motion carried 7-0.
Storm Water Fees for
Spec Building: City Man-
ager recommending
that Spiegel Family
Realty Company Iowa,
LLC not be required to
pay the storm water
fee on the spec build-
ing in the Dubuque
Industrial Center West
until the property is
leased or sold, but no
later than December 1,
2013. Motion by Braig
to receive and file the.
documents and ap-
prove the recommen-
dation. Seconded by
Connors. Motion car-
ried 7-0.
Family Self -Suffi-
ciency Program -
Request for Work
Session: City Manager
requesting a City
Council work session
for November 21, 2011
regarding the Family
Self -Sufficiency Pro-
gram. Motion by Jones
to receive and file the
documents and sche-
dule a work session for
November 21, 2011.
Seconded by Braig.
Motion carried 7-0.
National League of
Cities (NLC): Corres-
pondence from the
National League of
Cities requesting that
the City designate a
voting delegate and
alternate voting dele-
gate for the upcoming
National League of
Cities (NLC) Annual
Business meeting on
November 12, 2011.
Motion by Connors to
receive and file the
document, accept the
appointment of voting
delegate and that
Council Member Sutton
be appointed as the
alternate voting dele-
gate. Seconded by Res-
nick. Motion carried 7-0.
COUNCIL MEMBER
REPORTS
Braig acknowledged
the attendance of Boy
Scout Troup 10 from
Nativity School.
Jones stated that he
would like staff to
explore expanding the
animal control pro-
gram to include wild
animals as a result of
foxes seen on Indiana
Court.
Resnick stated that
the community is lucky
have such great
Institutions of higher
learning as well as
public and private
schools.
CLOSED SESSION
Motion by Jones to
convene in closed
session at 7:35 p.m.
regarding pending liti-
gation pursuant to
Chapter 21.5(1)(c)
Code of Iowa. Second-
ed by Resnick. Motion
carried 7-0.
Upon motion the City
Council reconvened in
open session at 7:44
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: September 14, 2011, and for which the charge is $362.39.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this j b day of �� , 20 4
ary Public in and for Dubuque County, Iowa.
JANET K. PAPE
Commission Number 199659
My Comm, Exp, DEC 11, 2013
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
SPECIAL SESSION
The Dubuque City
Council met in special
session at 5:15 p.m. on
September 6, 2011 in
the Historic Federal
Building, 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
special session of the
City Council to conduct
a work session on
Green Vision
Education.
WORK SESSION
GREEN VISION
EDUCATION
Bev Wagner, Educa-
tion Coordinator for
the Dubuque Metropol-
itan Area Solid Waste
Agency (DMASWA),
Brenda Mitchell of
Table Mound Elemen-
tary School, and Dave
Gross of Resurrection
Catholic School pro-
vided a slide presen-
tation on Green Vision
Education. Sustainable
Dubuque Coordinator
Cori Burbach and
Resource Management
Coordinator Paul
Schultz, responded to
questions from City
Council. Highlights
included:
•Green Vision Educa-
tion program history
•Green Vision School
benefits
•Achieving and main-
taining a Green Vision
Education award
*Initial assessment
points
•Green Vision Patch
Partners
*watershed aware-
ness
*energy conservation
*litter -free school
*sustainable nutrition
*eco-literacy
•Current Green Vision
Education schools
•Schools working
toward Green Vision
Education award
•Progress portfolio
Green Vision Educa-
tion Office
1450 Alta Vista Street
Dubuque, Iowa, 52001
563.588.7935
There being no fur-
ther business, upon
motion the City Council
adjourned at 5:56 p.m.
Kevin S. Firnstahl
City Clerk
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
REGULAR SESSION
The Dubuque City
Council met in regular
session at 6:30 p.m. on
September 6, 2011 in
SELECTION OF CITY
CLERK
Applicants: Kevin
Firnstahl, Acting City
Clerk, Dubuque, Iowa;
Linda Gaul, City Clerk/
Treasurer, City of
Earlville, Iowa; Jennifer
Quinton, Deputy City
Clerk, City of Elgin,
Illinois; and Teevie
Walker, Assistant City
Clerk, City of Valley
Center, Kansas. Upon
roll call vote of 7-0,
Kevin Firnstahl was
appointed to the
position of City Clerk.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents including
additional correspon-
dence, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Jones.
Motion carried 7-0.
Minutes and Reports
Submitted: City Coun-
cil Proceedings of 8/15,
8/24 and 8/25; Com-
munity Development
Advisory Commission
of 7/20; Environmental
Stewardship Advisory
Commission of 8/2;
Historic Preservation
Commission of 8/18;
Historic Preservation
Commission Education
Task Force of 8/3;
Housing Commission of
7/26; Long Range
Planning Advisory
Commission of 8/17;
Transit Advisory Board
of 8/11
Proof of Publication
for City Council
Proceedings of August
2 and 15, 2011
Upon motion the
documents were
received and filed.
Notice of Claims/
Suits: Sarah Anthoney
for vehicle damage;
Nichole Bauer for
vehicle damage; Ann
Beau for property
damage; Ann Brandel
for property damage;
Charles Sulcer for
vehicle damage;
Robert and Katy
Wethal for property
damage; Marlin Witt-
man for property
damage; Tim and Kim
Wittstock for property
damage; Greg and Kim
Yoko for personal
injury and property
damage. Upon motion
the documents were
received, flied 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: Sarah
Anthoney for vehicle
damage; Ann Beau for
property damage; Ann
Brandel for property
damage; NickoleO'Con-
nor for property dam-
age; George Weinberg
for vehicle damage;
Marlin Wittman for
property damage; Tim
Wittstock for property
damage. Upon motion
the documents were
received, filed and
concurred.
National Endowment
for the Arts / Art
Works: City Manager
transmittingcorrespon-
dence and a press
release from Rocco
Landesman, Chairman
of the National Endow-
ment for the Arts
(NEA), congratulating
the City on receiving
an Our Town grant
from the NEA/Art
Works to support
planning and design
related to the Historic
Millwork District. Upon
motion the document
was received and filed.
Investment Oversight
Advisory Commission:
The Investment Over-
sight Commission sub-
mitting the 73rd
Quarterly Report. Upon
motion the documents
were received and
filed.
Office of the City
Assessor: Correspon-
dence from City Asses-
sor Rick A. Engelken
informing the City that
the Conference Board
has of a Notice of
Appeal and Petition
before the Property
Assessment Appeal
Board in Des Moines.
Upon motion the docu-
ment was received and
filed.
Mediacom: Correspon-
dence from Lee Grass -
ley, Senior Manager of
Government Relations
for Mediacom Commun-
ications Company
informing the City of
changes in program-
ming. Upon motion the
documents were
received and filed.
Maintenanceworker
Position - Public Works
Department: City Man-
ager recommending
that the vacant
Maintenanceworker
position in the Public
Works Department be
reclassified as an
Equipment Operator I,
by eliminating the
Maintenanceworker
position and creating
an Equipment Operator
I position. Upon motion
.C1111.11. vNvn IIWGWII
the documents were
received, filed, and
approved.
Hillcrest Family Ser-
vices - Parking Agree-
ment: City Manager
recommending appro-
val of an agreement
with Hillcrest Family
Services for 30 parking
spaces in Flora Park.
Upon motion the docu-
ments were received,
filed, and approved.
Green Industrial
Supply, Inc.: City Man-
ager recommending
submittal of a Financial
Assistance application
to the Iowa Depart-
ment of Economic
Development on behalf
of Green Industrial
Supply, Inc. Upon
motion the documents
were received and filed
and Resolution No. 290-
11 Authorizing the
filing of an application
for State Financial
Assistance on behalf of
Green Industrial Sup-
ply, Inc. was adopted.
Federal Jobs Access
Reverse Commute
(JARC) Grant Applica-
tion: City Manager
recommending appro-
val of a partnership
with the Regional
Transit Authority to
apply for a Federal Job
Access Reverse
Commute (JARC) grant
to create evening
routes that will operate
from 5:30 p.m. to 11:30
p.m. Monday through
Thursday. Upon motion
the documents were
received, filed, and
approved.
Google Transit: City
Manager recommend-
ing approval of a
contract with East
Central Intergovern-
mental Association/
Dubuque Metropolitan
Area Transportation
Agency for the
development of the
interface and submis-
sion of General Transit
Feed Specifications
data for the Google
Maps Transit program.
Upon motion the docu-
ments were received,
filed, and approved.
Jeld-Wen, Inc. -
Irrevocable License:
City Manager recom-
mending approval of
an Irrevocable License
with Jeld-Wen, Inc. to
construct a loading
dock on the public
right-of-way of Jackson
Street between East
7th & East 8th Streets.
Upon motion the docu-
ments were received,
filed, and approved.
Sustainable Dubuque -
Monthly Project Status
Update: City Manager
submitting the Sustain-
able Dubuque monthly
project status update
for August 2011. Upon
motion the documents
were received and
filed.
Bee Branch Creek
Restoration Project
Acquisition of 513 E.
22nd Street: City Mana-
ger recommending
approval to purchase
property located at 513
East 22nd Street
owned by Ron and
Sandra Conrad for the
appraised value of
$60,000 as part of the
acquisition program
associated with the
Bee Branch Creek
Restoration Project.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 291-11 Approv-
ing the acquisition of
real estate owned by
Ron and Sandra
Conrad in the City of
Dubuque was adopted.
Bee Branch Creek
Restoration Project -
Acquisition of 515 E.
22nd Street: City Mana-
ger recommending
approval to purchase
property located at 515
E. 22nd Street owned
by Paul and Helene Hill
for the appraised value
of $57,000 as part of
the acquisition pro-
gram associated with
the Bee Branch Creek
Restoration Project.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 292-11 Approv-
ing the acquisition of
real estate owned by
Paul and Helene Hill in
the City of Dubuque
was adopted.
Bee Branch Creek
Restoration Project -
Acquisition of 316 E.
24th Street: City Mana-
ger recommending
approval to purchase
property located at 316
E. 24th Street owned
by Melvin and Theresa
Spiegelhalter for the
appraised value of
$67,000 as part of the
acquisition program
associated with the
Bee Branch Creek
Restoration Project.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 293-11 Approv-
ing the acquisition of
real estate owned by
Melvin and Theresa
Spiegelhalter in the
City of Dubuque was
adopted.
Bee Branch Creek
Illy al./pi uvai LV accept
a Quit claim Deed for
the Stormwater deten-
tion facilities in North
Grandview Estates No.
2. Upon motion the
documents were
received and filed and
Resolution No. 296-11
Accepting conveyance
of property in North
Grandview Estates No.
2 to the City of
Dubuque was adopted.
Carnegie -Stout Public
Library Renovation
Project - Contract No.
6: City Manager recom-
mending acceptance of
the construction con-
tract for the Carnegie -
Stout Public Library
Renovation Project -
Contract No. 6, Flooring
and Tiling, as com-
pleted by Commercial
Flooring Co., in the
final contract amount
of $239,598.62. Upon
motion the documents
were received and filed
and Resolution No. 297-
11 Accepting the
Carnegie -Stout Public
Library Renovation
Project, Contract No. 6,
Flooring & Tiling, and
authorizing the pay-
ment of the contract
amount to the con-
tractor was adopted.
Four Mounds Founda-
tion - Funding Applica-
tion: City Manager
recommending City
Council support of an
application from the
Four Mounds Founda-
tion to the Community
Foundation of Greater
Dubuque. Upon motion
the documents were
received, filed, and
approved.
Westbrook Subdivi-
sion Phase I: City
Manager recommend-
ing approval of an
Amendment to the
Development Agree-
ment with Callahan
Construction, Inc... to
correct the legal
description for Phase I
of Westbrook Subdivi-
sion. Upon motion the
documents were
received, filed, and
approved.
Kresge Foundation -
Advancing Safe and
Healthy Homes for
Children and Families
Initiative: City Manager
recommending appro-
val of an application to
the Kresge Foundation
for an Advancing Safe
and Healthy Homes for
Children and Families
Initiative grant for
$750,000. Upon motion
the documents were
received and filed and
Resolution No. 298-11
Authorizing the Mayor
to execute an appli-
cation to the Kresge
Foundation for the
Advancing Safe and
Healthy Homes for
Children and Families
Initiative (ASHHCFI)
was adopted.
Federal Transit Admin-
istration: City Manager
transmitting correspon-
dence from Cindy
Terwilliger, Deputy
Regional Administrator
for the Federal Transit
Administration Region
VII, thanking Transpor-
tation Director Barbara
Morck and the City for
hosting the members
of the Regional VII
Livable and Sustain-
able Communities
Partnership on July 25-
26, 2011. Upon motion
the document was
received and filed.
Government Finance
Officers Association:
The City Manager
advising that the City
of Dubuque has been
awarded its 23rd
consecutive Certificate
of Achievement for
Excellence in Financial
Reporting from the
Government Officers
Finance Association.
Upon motion the docu-
ments were received
and filed.
AmeriCorps - Partners
in Learning: City Mana-
ger recommending
approval to execute a
grant agreement with
the Iowa Commission
on Volunteer Service
for the City of Dubuque
AmeriCorps Program.
Upon motion the
documents were
received, filed, and
approved.
Request for Proposal -
Camera Documenta-
tion Services: City Man-
ager recommending
issuance of a Request
for Proposal (RFP) to
seek qualified vendors
to provide camera
documentation of con-
struction at the Water
and Resource Recovery
Center and to author-
ize the City Manager to
negotiate a contract
with the recommended
vendor. Upon motion
the documents were
received, filed, and
approved.
Alcohol Compliance -
Civil Penalties for Alco-
hol License Holders -
Panchero's Mexican
Grill: City Manager
recommending appro-
val of the Acknowledge-
ment / Settlement
Agreements for a first
offense alcohol com-
plia4?ce viola';on for
HSSUCIai@5, Inc. 3) wen
Field Electrical Up-
grades Project award
of Engineering Services
Contract to IIW
Engineers & Surveyors,
P.C. including addi-
tional correspondence
form Ghassan Halloush
of ALLTRANS, Inc. Upon
motion the documents
were received and
filed.
Liquor License
Refund: Request from
Rick Worcester of Off
Minor Bar for a refund
on Beer and Liquor
Combination License
No. BW0093628 in the
amount of $253.13.
Upon motion the docu-
ments were received,
filed, and approved.
Liquor License Appli-
cations: City Manager
recommending appro-
val of annual liquor
license renewals as
submitted. Upon mo-
tion the documents
were received and filed
and Resolution No. 299-
11 Granting the
issuance of a Class "C"
Beer/Liquor License to
the Twisted Pickle,
Grand River Center,
Red Robin Burgers,
National Mississippi
River Museum, Fat
Tuesday's, Crust Italian
Kitchen, and Hilton
Garden Inn/Houlihan's;
a Class "B" Wine
Permit to Wal-Mart
Supercenter #2004,
Family Mart, Inc., and
Crust Italian Kitchen; a
Special Class "C"
Liquor License (5-Day
Special Event) to the
Dubuque County Fine
Arts Society and
Riverview Center/Ro-
shek Center; a Special
Class "C" Liquor
License (14-Day Spe-
cial Event) to Dubuque
County Fine Arts
Society; and Resolution
No. 300-11 Granting -the
issuance of a Class "C"
Beer Permit to Family
Mart, Phillips 66/
Arby's, and Wal-Mart
Supercenter #2004
were adopted.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, set the
public hearings as
indicated, and direct
the City Clerk to
publish notice as
prescribed by law.
Seconded by Resnick.
Motion carried 7-0.
Fiscal Year 2012
Budget Amendment
No. 1: City Manager
recommending setting
a public hearing on
September 19, 2011 on
the Fiscal Year 2012
Budget Amendment
No. 1. Upon motion the
documents were
received and filed and
Resolution No. 301-11
Setting the date for the
public hearing on
Amendment No. 1 to
the Fiscal Year 2012
Budget for the City of
Dubuque was adopted
setting a public
hearing for a meeting
to commence at 6:30
p.m. on September 19,
2011 in the Historic
Federal Building.
Rose of Dubuque, LP -
Development . Agree-
ment: City Manager
recommending setting
a public hearing for
September 19, 2011 on
a Development Agree-
ment with the Rose of
Dubuque, LP for a 70-
unit affordable living
facility on Lake Ridge
Drive. Upon motion the
documents were
received and filed and
Resolution No. 302-11
Fixing the date for a
public hearing of the
City Council of the City
of Dubuque, Iowa, on
the proposed issuance
of Urban Renewal Tax
Increment Revenue
Obligations and the
execution of a
Development Agree-
ment relating thereto
with the Rose of
Dubuque, L.P., and
providing for the
publication of notice
thereof was adopted
setting a public
hearing for a meeting
to commence at 6:30
p.m. on September 19,
2011 in the Historic
Federal Building.
Dubuque River Rides,
Inc. - Docking Lease
Agreement: City Mana-
ger recommending
setting a public
hearing for September
19, 2011 on the
proposed Docking
License Agreement
between the City of
Dubuque and Dubuque
River Rides, Inc. Upon
motion the documents
were received and filed
and Resolution No. 303-
11 Resolution of intent
to dispose of an
interest in real
property by License
Agreement with
Dubuque River Rides,
Inc. was adopted
setting a public
hearing for a meeting
to commence at 6:30
p.m. on September 19,
2011 in the Historic
Federal Building.
BOARDS/
uuouque county, iowa.
Seconded by Jones.
Motion carried 7-0.
Sale of Property -
2300 Washington
Street: Proof of
publication on notice
of public hearing to
consider disposal of
City -owned property at
2300 Washington
Street to Habitat for
Humanity and the City
Manager recommend-
ing approval. Motion
by Connors to receive
and file the documents
and adopt Resolution
No. 306-11 Resolution
of intention to dispose
of City -owned proper-
ty, specifically, Lot 2 of
Bee Branch Subdivision
No. 1 in the City of
Dubuque, Iowa, accord-
ing to the recorded
Plat thereof - 2300
Washington Street.
Seconded by Braig.
Motion carried 7-0.
Sale of Property -
2302 Washington
Street: Proof of
publication on notice
of public hearing to
consider disposal of
City -owned property at
2302 Washington
Street to Habitat for
Humanity and the City
Manager recommend-
ing approval. Motion
by Lynch to receive
and file the documents
and adopt Resolution
No. 307-11 Resolution
of intention to dispose
of City -owned proper-
ty, specifically, Lot 1 of
Bee Branch Subdivision
No. 1 in the City of
Dubuque, Iowa, accord-
ing to the recorded
Plat thereof - 2302
Washington Street.
Seconded by Connors.
Motion carried 7-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Pump Room Roof
Replacement Project:
City Manager recom-
mending award of the
construction contract
for the Pump Room
Roof Replacement Pro-
ject to Jim Giese Com-
mercial Roofing in the
amount of $75,433.
Motion by Lynch to
receive and file the
documents and adopt
Resolution No. 308-11
Awarding public Im-
provement contract for
Eagle Point Water
Plant Pump Room Roof
Replacement Project -
CIP 740-220. Seconded
by Connors. Motion
carried 7-0.
Creek Wood Park -
Timber-Hyrst Place:
City Manager recom-
mending acceptance of
the donation by Marty
McNamer of Lot 2 of
Timber-Hyrst Place #2
Subdivision for a mini
park. The Park and
Recreation Commis-
sion recommends nam-
ing the park Creek
Wood Park as it is
located on Creek Wood
Drive. It is recom-
mended that the City
Council select Creek
Wood Park as the
name for this park.
Motion by Braig to
receive and file the
documents, approve
the recommended
name and adopt
Resolution No. 309-11
Accepting the deed to
certain real estate in
Dubuque County, Iowa,
from North Cascade
Road Developers, LLC,
an Iowa Limited
Liability Company.
Seconded by Jones.
Motion carried 7-0.
Liberty Subdivision -
Approval of Final Plat:
City Manager recom-
mending approval of
the Final Plat for
Liberty Subdivision.
Motion by Connors to
receive and file the
documents and adopt
Resolution No. 310-11
Authorizing the appro-
val of the Final Plat of
Liberty Subdivision in
the City of Dubuque,
Iowa. Seconded by
Jones. Responding to
questions from City
Council Planning Ser-
vices Laura Carstens
stated that the street
condition will be
monitored through the
Engineering Depart-
ment as with any
development. Motion
carried 7-0.
Dubuque Initiatives -
3rd Amendment to
Development Agree-
ment: City Manager
recommending appro-
val of a resolution
amending the Devel-
opment Agreement
between the City of
Dubuque and Dubuque
Initiatives for the
redevelopment of the
Historic Roshek Build-
ing. Motion by Jones to
receive and file the
documents and adopt
Resolution No. 311-11
Approving the Third
Amendment to the
Roshek Building Devel-
opment Agreement.
Seconded by Braig.
Motion carried 7-0.
Bee Branch Creek
Restoration Project -
Acquisition of 517 E.
22nd Street: City Mana-
OUIe' a wOrK'ses5torrror
November 21, 2011.
Seconded by Braig.
Motion carried 7-0.
National League of
Cities (NLC): Corres-
pondence from the
National League of
Cities requesting that
the City designate a
voting delegate and
alternate voting dele-
gate for the upcoming
National League of
Cities (NLC) Annual
Business meeting on
November 12, 2011.
Motion by Connors to
receive and file the
document, accept the
appointment of voting
delegate and that
Council Member Sutton
be appointed as the
alternate voting dele-
gate. Seconded by Res-
nick. Motion carried 7-0.
COUNCIL MEMBER
REPORTS
Braig acknowledged
the attendance of Boy
Scout Troup 10 from
Nativity School.
Jones stated that he
would like staff to
explore expanding the
animal control pro-
gram to include wild
animals as a result of
foxes seen on Indiana
Court.
Resnick stated that
the community is lucky
have such great
institutions of higher
learning as well as
public and private
schools.
CLOSED SESSION
Motion by Jones to
convene in closed
session at 7:35 p.m.
regarding pending liti-
gation pursuant to
Chapter 21.5(1)(c)
Code of Iowa. Second-
ed by Resnick. Motion
carried 7-0.
Upon motion the City
Council reconvened in
open session at 7:44
p.m. stating that staff
had been given proper
direction.
There being no
further business, upon
motion the City Council
adjourned at 7:45 p.m.
Kevin S. Firnstahl
City Clerk
1t 9/14
Subscribed to before me, a Notary Pt
this b day of