9 6 11 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
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, Education Coordinator for the Dubuque Metropolitan Area Solid Waste
Agency (DMASWA), Brenda Mitchell of Table Mound Elementary School, and Dave Gross of
Resurrection Catholic School provided a slide presentation 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 Education program history
• Green Vision School benefits
• Achieving and maintaining a Green Vision
• Initial assessment points
• Green Vision Patch Partners
watershed awareness
energy conservation
litter -free school
sustainable nutrition
eco- literacy
• Current Green Vision Education schools
• Schools working toward Green Vision Education award
• Progress portfolio
Education award
Green Vision Education Office
1450 Alta Vista Street
Dubuque, Iowa, 52001
563.588.7935
There being no further business, upon motion the City Council adjourned at 5:56 p.m.
Kevin S. Firnstahl
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 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 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 Rosedale Street;
Voices From The Warehouse District VII: Revolt: Re- Energize Art In America 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 correspondence,
adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7 -0.
Minutes and Reports Submitted: City Council Proceedings of 8/15, 8/24 and 8/25;
Community 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
2
vehicle damage; Robert and Katy Wethal for property damage; Marlin Wittman 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, 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: Sarah Anthoney for
vehicle damage; Ann Beau for property damage; Ann Brandel for property damage; Nickole
O'Connor for property damage; 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 correspondence
and a press release from Rocco Landesman, Chairman of the National Endowment 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 Oversight Commission
submitting the 73rd Quarterly Report. Upon motion the documents were received and filed.
Office of the City Assessor: Correspondence from City Assessor 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 document was received and filed.
Mediacom: Correspondence from Lee Grassley, Senior Manager of Government Relations
for Mediacom Communications Company informing the City of changes in programming. Upon
motion the documents were received and filed.
Maintenanceworker Position — Public Works Department: City Manager 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 the documents were received, filed, and
approved.
General Obligation Bonds Series 2011A and Taxable General Obligation Bonds Series
2011 B: City Manager recommending approval of amendments 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 2011 B 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.
3
RESOLUTION NO. 288 -11
RESOLUTION AMENDING RESOLUTION NO. 269 -11 AUTHORIZING ISSUANCE OF
$6,330,000 GENERAL OBLIGATION BONDS, SERIES 2011A, ADOPTED AUGUST 15,
2011
Whereas, the Council adopted Resolution No. 269 -11, a Resolution Authorizing and
Providing for the Issuance of $6,330,000 General Obligation Bonds, Series 2011A, and
Levying a Tax to Pay Said Bonds, on August 15, 2011; and
Whereas, Section 10 and Section 13 of Resolution No. 269 -11 provides that payments of
principal and interest made in respect of any Bond shall be paid to the registered holder or to
their designated agent as shown on the records of ownership maintained by the Registrar on
the 15th day preceding the payment date; and
Whereas, the Official Statement, dated August 8, 2011, provides that payments of principal
and interest made in respect of any Bond shall be paid to the registered holder or to their
designated agent as shown on the records of ownership maintained by the Registrar on the
15 h day of the month preceding the payment date; and
Whereas, it is necessary to conform the definition of record date as stated in said Resolution
to that as stated in the Official Statement, and action should now be taken to amend Section
10 and Section 13 of said Resolution to so conform.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Section 10 of Resolution No. 269 -11 shall be amended to read as follows:
Section 10. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Bond, shall be made to the registered holder thereof or to
their designated agent as the same appear on the books of the Registrar on the 15th day of
the month preceding the payment date. All such payments shall fully discharge the obligations
of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of
principal shall only be made upon surrender of the Bond to the Paying Agent.
Section 2. The definition of record date in the form of Bond as set forth in Section 13 of
Resolution No. 269 -11 shall be amended to read as follows:
Interest and principal shall be paid to the registered holder of the Bond as shown on the
records of ownership maintained by the Registrar as of the 15th day of the month preceding
such interest payment date.
Section 3. That all other provisions of Resolution No. 269 -11 be and the same hereby are
ratified, confirmed and approved.
Passed and approved this 6th day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 289 -11
RESOLUTION AMENDING RESOLUTION NO. 271 -11 AUTHORIZING ISSUANCE OF
$1,590,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2011B, ADOPTED
AUGUST 15, 2011
Whereas, the Council adopted Resolution No. 271 -11, a Resolution Authorizing and
Providing for the Issuance of $1,590,000 Taxable General Obligation Bonds, Series 2011B,
and Levying a Tax to Pay Said Bonds, on August 15, 2011; and
Whereas, Section 10 and Section 13 of Resolution No. 271 -11 provides that payments of
principal and interest made in respect of any Bond shall be paid to the registered holder or to
their designated agent as shown on the records of ownership maintained by the Registrar on
the 15th day preceding the payment date; and
4
Whereas, the Official Statement, dated August 8, 2011, provides that payments of principal
and interest made in respect of any Bond shall be paid to the registered holder or to their
designated agent as shown on the records of ownership maintained by the Registrar on the
15 h day of the month preceding the payment date; and
Whereas, it is necessary to conform the definition of record date as stated in said Resolution
to that as stated in the Official Statement, and action should now be taken to amend Section
10 and Section 13 of said Resolution to so conform.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Section 10 of Resolution No. 271 -11 shall be amended to read as follows:
Section 10. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Bond, shall be made to the registered holder thereof or to
their designated agent as the same appear on the books of the Registrar on the 15th day of
the month preceding the payment date. All such payments shall fully discharge the obligations
of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of
principal shall only be made upon surrender of the Bond to the Paying Agent.
Section 2. The definition of record date in the form of Bond as set forth in Section 13 of
Resolution No. 271 -11 shall be amended to read as follows:
Interest and principal shall be paid to the registered holder of the Bond as shown on the
records of ownership maintained by the Registrar as of the 15th day of the month preceding
such interest payment date.
Section 3. That all other provisions of Resolution No. 271 -11 be and the same hereby are
ratified, confirmed and approved.
Passed and approved this 6th day of September 2011.
Health Alert Network (HAN): City Manager recommending approval 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 Services — Parking Agreement: City Manager recommending approval of an
agreement with Hillcrest Family Services for 30 parking spaces in Flora Park. Upon motion the
documents were received, filed, and approved.
Green Industrial Supply, Inc.: City Manager recommending submittal of a Financial
Assistance application to the Iowa Department 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 Supply, Inc. was adopted.
RESOLUTION NO. 290 -11
AUTHORIZING THE FILING OF AN APPLICATION FOR STATE FINANCIAL ASSISTANCE
ON BEHALF OF GREEN INDUSTRIAL SUPPLY, INC.
Whereas, Green Industrial Supply, Inc. has proposed the relocation and expansion of its
corporate offices in Dubuque, Iowa; and
Whereas, the City Council of Dubuque, Iowa has considered said proposal and has
determined that the proposed project will contribute to the local economy through the retention
of 41 jobs and the creation of 17 additional jobs; and
Whereas, the Iowa Department of Economic Development's Financial Assistance Program
5
was designed to assist in the economic development efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Iowa
Department of Economic Development Department's Financial Assistance Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an application for participation in the Iowa Department of
Economic Development's Financial Assistance Program on behalf of Green Industrial Supply,
Inc. is hereby approved.
Section 2. That the local match identified in the application estimated at $2,977,000
consisting of TIF funding and a land discount was approved in the Development Agreement to
develop the property in the Dubuque Industrial Center West.
Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby
directed to submit said application to the Iowa Department of Economic Development together
with such documents as may be required.
Passed, approved, and adopted this 6th day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Federal Jobs Access Reverse Commute (JARC) Grant Application: City Manager
recommending approval 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 recommending approval of a contract with East Central
Intergovernmental Association /Dubuque Metropolitan Area Transportation Agency for the
development of the interface and submission of General Transit Feed Specifications data for
the Google Maps Transit program. Upon motion the documents were received, filed, and
approved.
Jeld -Wen, Inc. — Irrevocable License: City Manager recommending 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 documents were
received, filed, and approved.
Sustainable Dubuque — Monthly Project Status Update: City Manager submitting the
Sustainable 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 Manager
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 documents were
received and filed and Resolution No. 291 -11 Approving the acquisition of real estate owned
by Ron and Sandra Conrad in the City of Dubuque was adopted.
6
RESOLUTION NO. 291 -11
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY RON AND SANDRA
CONRAD IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended
in the 2001 "Drainage Basin Master Plan;" and
Whereas, a purchase agreement has been finalized with the owner of the property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property: Southwesterly One -Half (SW'ly 1/2) of Lot Four (4) in Sanford's
Subdivision, in the City of Dubuque, Iowa, according to the recorded Plat of said subdivision,
County of Dubuque, State of Iowa, at the cost of Sixty Thousand and 00/100 Dollars
($60,000.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed
from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein
described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution
to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 6th day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Bee Branch Creek Restoration Project — Acquisition of 515 E. 22nd Street: City Manager
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 program associated
with the Bee Branch Creek Restoration Project. Upon motion the documents were received
and filed and Resolution No. 292 -11 Approving the acquisition of real estate owned by Paul
and Helene Hill in the City of Dubuque was adopted.
RESOLUTION NO. 292 -11
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY PAUL AND HELENE
HILL IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended
in the 2001 "Drainage Basin Master Plan;" and
Whereas, a purchase agreement has been finalized with the owner of the property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property: Northeasterly One -Half of Lot 4 in Sanford's Subdivision in the City of
Dubuque, Iowa, according to the recorded Plat thereof, County of Dubuque, State of Iowa
At the cost of Fifty -Seven Thousand and 00/100 Dollars ($57,000.00).
7
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed
from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein
described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution
to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 6th day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Bee Branch Creek Restoration Project — Acquisition of 316 E. 24th Street: City Manager
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
documents were received and filed and Resolution No. 293 -11 Approving the acquisition of
real estate owned by Melvin and Theresa Spiegelhalter in the City of Dubuque was adopted.
RESOLUTION NO. 293 -11
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY MELVIN AND THERESA
SPIEGELHALTER IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended
in the 2001 "Drainage Basin Master Plan;" and
Whereas, a purchase agreement has been finalized with the owner of the property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property: Lot 1 of Lot 1 of Lot 2 of Lot 107 in L.H. Langworthy's Addition in the City
of Dubuque, Iowa, according to the recorded plats thereof, County of Dubuque, State of Iowa.
At the cost of Sixty Seven Thousand and 00/100 Dollars ($67,000.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed
from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein
described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution
to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 6th day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Bee Branch Creek Restoration Project — Acquisition of 2422 Washington Street: City
Manager recommending 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
8
documents were received and filed and Resolution No. 294 -11 Approving the acquisition of
real estate owned by Kevin and Colleen Klein in the City of Dubuque was adopted.
RESOLUTION NO. 294 -11
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY KEVIN AND COLLEEN
KLEIN IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended
in the 2001 "Drainage Basin Master Plan;" and
Whereas, a purchase agreement has been finalized with the owner of the property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property: North 1/2 of Lot 22 of the Subdivision of Lots 192, 193, 194 and 195 in L.H.
Langworthy's Addition in the City of Dubuque, Iowa, (also called O.S. Langworthy's
Subdivision), according to the recorded plats thereof, County of Dubuque, State of Iowa, At
the cost of Sixty -Seven Thousand and 00/100 Dollars ($67,000.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed
from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein
described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution
to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 6th day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
2011 Manhole Replacement Project: City Manager recommending acceptance of the
construction contract for the 2011 Manhole Replacement Project, as completed by Drew Cook
& Sons Excavating, 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.
RESOLUTION NO. 295 -11
ACCEPTING THE 2011 MANHOLE REPLACEMENT PROJECT AND AUTHORIZING THE
PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the 2011 Manhole Replacement Project (the
Project) has been completed and the City Engineer has examined the work and filed a
certificate stating that the Project has been completed according to the terms of the Public
Improvement Contract and that the City Engineer recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Sanitary Sewer Manhole Replacement Capital Improvement Project appropriation for the
9
contract amount of $35,858.00 less any retained percentage provided for therein as provided
in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of
Iowa Code chapter 573.
Passed, approved and adopted this 6th day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2011 MANHOLE
REPLACEMENT PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the 2011 Manhole Replacement Project, that the Project has been performed in
compliance with the terms of the Public Improvement Contract, and that the total cost of the
completed work is $38,968.31.
Dated this 31st day of August, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 31St day of August, 2011.
Kevin S. Firnstahl, Acting City Clerk
North Grandview Estates No. 2: City Manager recommending approval to accept a Quit
claim Deed for the Stormwater detention 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.
RESOLUTION NO. 296 -11
ACCEPTING A CONVEYANCE OF PROPERTY IN NORTH GRANDVIEW ESTATES NO. 2
TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque approved the final plat of North Grandview Estates No. 2 by
Resolution No. 308 -06 dated July 5, 2006, pursuant to which North Grandview Estates, LLC
agreed to convey Lot 10 and Lot 12 of North Grandview Estates No. 2 in the City of Dubuque,
Iowa, for detention facilities; and
Whereas, North Grandview Estates, LLC has executed a conveyance of said property.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and
consents to the Quit Claim Deed from North Grandview Estates, LLC, copies of which are
attached hereto, as required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in connection herewith.
Passed, adopted and approved this 6t11 day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Carnegie -Stout Public Library Renovation Project — Contract No. 6: City Manager
recommending acceptance of the construction contract for the Carnegie -Stout Public Library
Renovation Project — Contract No. 6, Flooring and Tiling, as completed 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 payment of the
contract amount to the contractor was adopted.
10
RESOLUTION NO. 297 -11
ACCEPTING THE CARNEGIE -STOUT PUBLIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 6 — FLOORING & TILING AND AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Carnegie -Stout Public Library
Renovation Project, Contract No. 6 — Flooring & Tiling (the Project) has been completed and
the City Engineer has examined the work and filed a certificate stating that the Project has
been completed according to the terms of the Public Improvement Contract and that the City
Engineer recommends that the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the General
Obligation Bonds (TIF Abated), Library Renovation General Funds, Library Fund - Raising (cash
and pledges), Curtis Collection Sale, and Heade Painting Sale appropriations for the contract
amount of $239,598.62, less any retained percentage provided for therein as provided in Iowa
Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa
Code chapter 573.
Passed, approved and adopted this 6th day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE CARNEGIE -STOUT
PUBLIC LIBRARY RENOVATION PROJECT, CONTRACT NO. 6 — FLOORING & TILING
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Carnegie -Stout Public Library Renovation Project, Contract No. 6 — Flooring &
Tiling, that the Project has been performed in compliance with the terms of the Public
Improvement Contract, and that the total cost of the completed work is $239,598.62.
Dated this 31st day of August, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 31st day of August, 2011.
Kevin S. Firnstahl, Acting City Clerk
Four Mounds Foundation — Funding Application: City Manager recommending City Council
support of an application from the Four Mounds Foundation to the Community Foundation of
Greater Dubuque. Upon motion the documents were received, filed, and approved.
Westbrook Subdivision Phase I: City Manager recommending approval of an Amendment to
the Development Agreement with Callahan Construction, Inc. to correct the legal description
for Phase I of Westbrook Subdivision. Upon motion the documents were received, filed, and
approved.
Kresge Foundation — Advancing Safe and Healthy Homes for Children and Families
Initiative: City Manager recommending approval 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
11
the Mayor to execute an application to the Kresge Foundation for the Advancing Safe and
Healthy Homes for Children and Families Initiative (ASHHCFI) was adopted.
RESOLUTION NO. 298 -11
AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO THE KRESGE
FOUNDATION FOR THE ADVANCING SAFE AND HEALTHY HOMES FOR CHILDREN
AND FAMILIES INITIATIVE (ASHHCFI)
Whereas, the Kresge Foundation has made funds available for a national funding
opportunity to support innovation and demonstration of healthy homes approaches intended to
assist in expanding healthy homes models throughout the country; and
Whereas, the City of Dubuque proposes to utilize this program to complement the City's
Green and Healthy Homes Initiative.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1: That the Mayor is hereby authorized and directed to execute an application to the
Kresge Foundation for an Advancing Safe and Healthy Homes for Children and Families
Initiative grant in the amount of $750,000.
Section 2: That the City Manager is hereby authorized and directed to forward said
application and resulting standard executed contract in a timely fashion and as required by the
Kresge Foundation.
Passed, approved and adopted this 6th day of September, 2011.
Roy D Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Federal Transit Administration: City Manager transmitting correspondence from Cindy
Terwilliger, Deputy Regional Administrator for the Federal Transit Administration Region VII,
thanking Transportation Director Barbara Morck and the City for hosting the members of the
Regional VII Livable and Sustainable 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
documents were received and filed.
AmeriCorps — Partners in Learning: City Manager 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 Documentation Services: City Manager recommending
issuance of a Request for Proposal (RFP) to seek qualified vendors to provide camera
documentation of construction at the Water and Resource Recovery Center and to authorize
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 Alcohol License Holders — Panchero's Mexican
Grill: City Manager recommending approval of the Acknowledgement / Settlement Agreements
for a first offense alcohol compliance violation for Panchero's Mexican Grill. Upon motion the
documents were received, filed, and approved.
12
Alcohol Compliance — Civil Penalties for Alcohol License Holders — Shannon's Bar & Grill:
City Manager recommending approval of the Acknowledgement / 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 Holders — Red Robin America's
Gourmet Burgers & Spirits: City Manager recommending approval of the Acknowledgement /
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 Upgrades Project award
of Engineering Services Contract to IIW Engineers & Surveyors, P.C. including additional
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
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. 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 /Roshek Center; a Special Class "C" Liquor License (14 -Day Special 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.
RESOLUTION NO. 299 -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.
The Twisted Pickle, LLC
Platinum Hospitality Group
CLASS "C" BEER /LIQUOR LICENSE
The Twisted Pickle 1689 Elm St.
+(Sunday /Outdoor Sale)
Grand River Center +(Sunday Sale) 500 Bell St.
13
Red Robin International,
Inc.
Dubuque Historical Society
Ibrico, Inc.
Crust, LLC
Dubuque Casino Hotel,
LLC
Wal -Mart Stores, Inc.
Family Mart, Inc.
Crust LLC
Red Robin Burger
+(Sunday /Outdoor Sale)
National Mississippi River Museum and
Aquarium +(Sunday /Outdoor)
Fat Tuesday's +(Sunday Sale)
Crust Italian Kit. & Bar
+(Sunday /Outdoor Sale
Hilton Garden /Houlihan's
(Sunday /Outdoor Sale)
CLASS "B" WINE
Wal -Mart Supercenter # 2004
Family Mart, Inc.
Crust Italian Kitchen & Bar
2775 N W Arterial
350 E 3rd St.
1121 University Ave.
299 Main St.
1795 Greyhound Park
4200 Dodge St.
3201 Central Ave.
299 Main St.
SPECIAL CLASS "C" LIQUOR LICENSE (5 -DAY SPECIAL EVENT)
Dubuque County Fine Arts Dubuque County Fine Arts 225 E. 10th St.
+(Sunday /Outdoor Sale)
Riverview Center Riverview Center - Roshek Center 700 Locust St.
SPECIAL CLASS "C"
LIQUOR LICENSE ( 14 -DAY SPECIAL EVENT)
Dubuque County Fine Arts Dubuque County Fine Arts
Society +(Sunday /Outdoor Sale)
Passed, approved and adopted this 6th day of September, 2011
Attest: Kevin S. Firnstahl, Acting City Clerk
225 E. 10th St.
Roy D. Buol, Mayor
RESOLUTION NO. 300 -11
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
Family Mart, Inc.
Liberty Station, LLC
Wal -Mart Store, Inc.
CLASS "C" BEER PERMIT
Family Mar t +(Sunday Sales)
Phillips 66 /Arby's +(Sunday Sale)
Wal -Mart Supercenter # 2004
+(Sunday Sale)
Passed, approved and adopted this 6th day of September, 2011
Attest: Kevin S. Firnstahl, Acting City Clerk
14
3201 Central Ave.
10 S. Main St.
4200 Dodge St.
Roy D. Buol, Mayor
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.
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
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and
place for a public hearing on amendments to the budget and publish notice before the hearing
as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on proposed Amendment
No. 1 to the Fiscal Year 2012 budget for the City of Dubuque at the City Council Chambers at
the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, September 19,
2011, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of
the public hearing, according to law, together with the required budget information.
Passed, approved and adopted this 6th day of September 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
Rose of Dubuque, LP — Development Agreement: City Manager recommending setting a
public hearing for September 19, 2011 on a Development Agreement 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 Agreement
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.
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 AGREEMENT
RELATING THERETO WITH THE ROSE OF DUBUQUE, L.P., AND PROVIDING FOR THE
PUBLICATION OF NOTICE THEREOF
Whereas, City and The Rose of Dubuque, L.P. have entered into a Development
Agreement, subject to the approval of the City Council, a copy of which is now on file at the
Office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and
15
Whereas, the City Council has tentatively determined that it would be in the best interests of
the City to approve the Development Agreement, with The Rose of Dubuque, L.P.; and
Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal
Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to
enter into the Development Agreement relating thereto for the purpose of carrying out an
Urban Renewal Plan as hereinafter described; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of the
meeting at which the City Council proposes to take action thereon and at which meeting the
City Council shall receive oral and /or written objections from any resident or property owner of
said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the
City's intent authorize Urban Renewal Tax Increment Revenue obligations, to be held on the
19t day of September, 2011, at 6:30 o'clock p.m. in the City Council Chambers at the Historic
Federal Building, 350 W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at said time and place for the purpose of taking action
on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the
execution of the Development Agreement relating thereto with The Rose of Dubuque, L.P., the
proceeds of which obligations will be used to carry out certain of the special financing activities
described in the Urban Renewal Plan for the Lake Ridge Urban Renewal District, consisting of
the funding of economic developments grants to The Rose of Dubuque, L.P. pursuant to the
Development Agreement under the terms and conditions of said Urban Renewal Plan. It is
expected that the aggregate amount of the Tax Increment Revenue obligations is
approximately $193,550.
Section 3. The Clerk is hereby directed to cause at least one publication to be made of a
notice of said meeting, in a newspaper, printed wholly in the English language, published at
least once weekly, and having general circulation in said City, said publication to be not less
than four days nor more than twenty days before the date of said meeting on the issuance of
said obligations.
Section 4. That the notice of the proposed action to issue said obligations shall be in
substantially the form attached hereto.
Passed, approved and adopted this 6th day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Dubuque River Rides, Inc. — Docking Lease Agreement: City Manager 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.
16
RESOLUTION NO. 303 -11
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY
LICENSE AGREEMENT WITH DUBUQUE RIVER RIDES, INC.
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property shown on
Exhibit A attached hereto (the Property); and
Whereas, Dubuque River Rides, Inc. (River Rides) desires to license the Property for
docking its vessels and other related uses upon the terms set forth in a Docking License
Agreement now on file in the Office of the City Clerk at City Hall, Dubuque, Iowa, which C
provides among other things for a term of five years; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
the City to enter into the Docking License Agreement with River Rides.
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 Property by Docking
License Agreement between the City and Dubuque River Rides.
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 intent to dispose of the foregoing- described real property, to be held on the 19th day of
September, 2011, at 6:30 o'clock p.m. at the Historic Federal Building 350 W. 6th St., Dubuque,
Iowa.
Passed, approved and adopted this 6th day of September, 2011.
Roy D. Buol, Mayor, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS /COMMISSIONS
Appointments to the following Boards /Commissions: Zoning Advisory 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 allowing 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 recommending 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.
17
RESOLUTION NO. 304 -11
VACATING A PORTION OF THE PUBLIC ALLEY ABUTTING 1902, 1912, 1946, 1952 AND
1956 GARFIELD AVENUE
Whereas, Brian A. Goranson, Vicki Ann Dotter, Brandon J. Bass, Joseph W. & Debra A.
Miller, and William D. & Monica S. Meissner have requested the vacating of a portion of the
public alley abutting 1902, 1912, 1946, 1952, and 1956 Garfield Avenue; and
Whereas, Buesing and Associates, Inc. has prepared and submitted to the City Council a
plat showing the vacated portion of the public alley abutting 1902, 1912, 1946, 1952, and 1956
Garfield Avenue and assigned lot number thereto, which hereinafter shall be known and
described as Lots 148A, 149A, 150A, 151A, and 152A in Ham's Addition in the City of
Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that the portion of
the public alley abutting 1902, 1912, 1946, 1952, and 1956 Garfield Avenue is no longer
required for public use, and vacating of said portion of the public alley abutting 1902, 1912,
1946, 1952, and 1956 Garfield Avenue, known as Lots 148A, 149A, 150A, 151A, and 152A in
Ham's Addition in the City of Dubuque, Dubuque County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lots 148A, 149A, 150A, 151A, and 152A in
Ham's Addition in the City of Dubuque, Iowa, be and the same is hereby vacated.
Passed, approved and adopted this 6th day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
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
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the City of
Dubuque, Iowa on this 19th day of August, 2011, the City Council of the City of Dubuque, Iowa
met on the 6th day of September, 2011, at 6:30 p.m. in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate described as:
Lots 148A, 149A, 150A, 151A, and 152A in Ham's Addition in the City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real estate, except for easement as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as Lots 148A, 149A,
150A, 151A, and 152A in Ham's Addition in the City of Dubuque, Dubuque County, Iowa to
Brian A. Goranson (Lot 152A), Vicki Ann Dolter (Lot 151A), Brandon J. Bass (Lot 150A),
Joseph W. & Debra A. Miller (Lot 149A), and William D. & Monica S. Meissner (Lot 148A) be
and the same is hereby approved for the sums of $200.00 (Lot 148A), $200.00 (Lot 149A),
$200.00 (Lot 150A), $100.00 (Lot 151A) and $200.00 (Lot 152A) plus the cost of platting,
publication, and filing fees. Conveyance shall be by Quit Claim Deeds.
Section 2 That the Mayor be authorized and directed to execute Quit Claim Deeds, and the
City Clerk be and is hereby authorized and directed to deliver said deeds of conveyance to
18
Brian A. Goranson, Vicki Ann Dotter, Brandon J. Bass, Joseph W. & Debra A. Miller, and
William D. & Monica S. Meissner upon receipt of the purchase price in full.
Section 3. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 6th day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
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 recommending approval. Motion by Connors to receive and file the
documents and adopt Resolution No. 306 -11 Approving the sale of real estate located at 2300
Washington Street, in the City of Dubuque. Seconded by Braig. Motion carried 7 -0.
RESOLUTION NO. 306 -11
APPROVING THE SALE OF REAL ESTATE LOCATED AT 2300 WASHINGTON STREET,
IN THE CITY OF DUBUQUE.
Whereas, the City acquired the property at 2300 Washington Street in connection with the
Bee Branch Creek Re- Alignment Project; and
Whereas, by accepting the selected offer the City's objective of providing first -time
homeownership to a lower- income buyer can be realized.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the sale of the following legally -
described property: Lot 2 of Bee Branch Subdivision No. 1, in the City of Dubuque, Iowa,
according to the recorded plat thereof, at the cost of One dollars ($1.00).
Section 2. That the City be and is hereby authorized to provide a Special Warranty Deed to
the buyer, conveying the City's interest to Habitat for Humanity for the herein described real
estate.
Section 3. That the City Clerk be and he is hereby authorized and directed to cause said
Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together
with certified copy of the Resolution.
Section 4. That the City Clerk be and he is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 6th day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
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 recommending approval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 307 -11 Approving the sale of real estate located at 2302
Washington Street, in the City of Dubuque. Seconded by Connors. Motion carried 7 -0.
19
RESOLUTION NO. 307 -11
APPROVING THE SALE OF REAL ESTATE LOCATED AT 2302 WASHINGTON STREET,
IN THE CITY OF DUBUQUE.
Whereas, the City acquired the property at 2302 Washington Street in connection with the
Bee Branch Creek Re- Alignment Project; and
Whereas, by accepting the selected offer the City's objective of providing first -time
homeownership to a lower- income buyer can be realized.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the sale of the following legally -
described property:
Lot 1 of Bee Branch Subdivision No. 1, in the City of Dubuque, Iowa, according to the
recorded plat thereof
At the cost of One dollars ($1.00).
Section 2. That the City be and is hereby authorized to provide a Special Warranty Deed to
the buyer, conveying the City's interest to Habitat for Humanity for the herein described real
estate.
Section 3. That the City Clerk be and he is hereby authorized and directed to cause said
Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together
with certified copy of the Resolution.
Section 4. That the City Clerk be and he is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 6th day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Pump Room Roof Replacement Project: City Manager recommending award of the
construction contract for the Pump Room Roof Replacement Project to Jim Giese Commercial
Roofing in the amount of $75,433. Motion by Lynch to receive and file the documents and
adopt Resolution No. 308 -11 Awarding public improvement contract for Eagle Point Water
Plant Pump Room Roof Replacement Project - CIP 740 -220. Seconded by Connors. Motion
carried 7 -0.
RESOLUTION 308 -11
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR EAGLE POINT WATER PLANT
PUMP ROOM ROOF REPLACEMENT PROJECT - CIP 740 -2206
Whereas, sealed proposals have been submitted by contractors for the Pump Room Roof
Project (the Project) pursuant to Resolution No. 279 -11 and Notice to Bidders published in a
newspaper published in the City of Dubuque, Iowa on the 4th day of August, 2011.
Whereas, said sealed proposals were opened and read on the 23ta of August, 2011 and it
has been determined that Jim Giese Commercial Roofing of Dubuque, Iowa with a bid amount
of $75,433.00, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
20
That a Public Improvement Contract for the Project is hereby awarded to Jim Giese
Commercial Roofing, and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 6th day of September, 2011.
Roy D Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Creek Wood Park — Timber -Hyrst Place: City Manager recommending acceptance of the
donation by Marty McNamer of Lot 2 of Timber -Hyrst Place #2 Subdivision for a mini park. The
Park and Recreation Commission recommends naming the park Creek Wood Park as it is
located on Creek Wood Drive. It is recommended 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.
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
Whereas, North Cascade Road Developers, LLC desires to make a gift of the following
described real property to the City of Dubuque: Lot 2 of Timber -Hyrst Place #2 in the City of
Dubuque, Iowa, according to the recorded plat thereof, subject to easements and restrictions
of record; and
Whereas, the City Council of the City of Dubuque desires to accept the gift on behalf of the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the Warranty Deed from North Cascade Road
Developers, LLC, a copy of which is attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution and the
Warranty Deed with the Dubuque County Recorder.
Passed, approved and adopted this 6th day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Liberty Subdivision — Approval of Final Plat: City Manager recommending 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 approval of the Final Plat of Liberty Subdivision in
the City of Dubuque, Iowa. Seconded by Jones. Responding to questions from City Council
Planning Services Laura Carstens stated that the street condition will be monitored through the
Engineering Department as with any development. Motion carried 7 -0.
RESOLUTION NO.310 -11
AUTHORIZING THE APPROVAL OF THE FINAL PLAT OF LIBERTY SUBDIVISION IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Liberty Subdivision in the
City of Dubuque, Iowa; and
21
Whereas, upon said final plat appears a street to be known as Mya Rose Court (Lot A) and
Liberty Avenue (Lot B) together with certain public utility, and storm sewer easements and
storm water detention facilities (Lot C and Lot D), which the owner by said final plat has
dedicated to the public forever; and
Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and had her approval
endorsed thereon; subject to the owner's agreeing to the conditions noted in Section 3 below;
and
Whereas, said final plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating to it, except that streets and public utilities
have not yet been completely constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Mya Rose Court (Lot A), Liberty Avenue (Lot B) detention
facilities Lot C and Lot D) and the easements for public utilities and storm sewer, as they
appear on said final plat, be and the same are hereby accepted; and
Section 2. That the Final Plat of Liberty Subdivision is hereby approved by the Mayor and
City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque,
Iowa, upon said final plat, provided the owners of said property herein named, execute their
written acceptance hereto attached agreeing:
(a) To reduce Mya Rose Court (Lot A) to grade and to construct longitudinal sub - drain,
with concrete paving with integral curb, all in accordance with the City of Dubuque standard
specifications, all in a manner acceptable to the City Engineer, in conformance with
construction improvement plans approved by the City Engineer, and inspected by the City
Engineer.
(b) To install sanitary sewer main and sewer service laterals into each individual lot,
water main and water service laterals into each individual lot, storm sewers and catch
basins, street lighting with all appurtenances, and erosion control devices all in accordance
with the City of Dubuque standard specifications, all in a manner acceptable to the City
Engineer.
(c) To connect storm water facilities to an approved storm water detention facility in a
manner acceptable to the City Engineer, in accordance with the City of Dubuque standard
specifications and in accordance with construction improvement plans, and inspected by the
City Engineer.
(d) To construct said improvements, prior to the two (2) years from the date of
acceptance of this resolution, at the sole expense of the owners, or future owner.
(e) To maintain the public improvements, for a period of two (2) years from the date of the
acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the
sole final expense of the owners, or future owner.
And, further provided that said Graceland, LLC, as owners of said property, shall secure the
performance of the foregoing conditions provided in this Section by providing guarantees in
such form and with such sureties as may be acceptable to the City Manager of the City of
Dubuque, Iowa.
Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public
rights -of -way, including lots with multiple frontages, as required by City Code 10 -1 -2.
Section 4. The maintenance expenses incurred by the City of Dubuque for the storm water
detention facilities on Lot C and Lot D Liberty Subdivision shall be assessed against the lot
owners of Liberty Subdivision, except the City of Dubuque, as indicated in the final plat, in
22
equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn
shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then
be collected with and in the same manner as general property taxes in accordance with
provisions of law.
Section 5. That the final acceptance of the public improvements shall occur upon
certification of the City Engineer to the City Council that the public improvements have been
completed in accordance with the approved improvement plans and City standards and
specifications and accepted by City Council Resolution.
Section 6. That in the event Graceland, LLC, fails to execute the acceptance and furnish the
guarantees provided in Sections 2 and 3 hereof within 180 days after the date of this
Resolution, the provisions hereof shall be null and void and the acceptance of the dedication
and approval the plat shall not be effective.
Passed, approved and adopted this 6th day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Dubuque Initiatives — 3rd Amendment to Development Agreement: City Manager
recommending approval of a resolution amending the Development Agreement between the
City of Dubuque and Dubuque Initiatives for the redevelopment of the Historic Roshek
Building. Motion by Jones to receive and file the documents and adopt Resolution No. 311 -11
Approving the Third Amendment to the Roshek Building Development Agreement. Seconded
by Braig. Motion carried 7 -0.
RESOLUTION NO. 311 -11
APPROVING THE THIRD 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, this Development Agreement was amended (Second Amendment) on May 16,
2011; and
Whereas, City and Dubuque Initiatives now desire to amend the Development Agreement
as set forth attached Third Amendment, and
Whereas, Dubuque Initiatives desires to use the remaining Federal and State Historic Tax
Credit proceeds to be used for payments on indebtedness incurred for the redevelopment of
the Roshek Building and covered under City's Guaranty.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Third Amendment of the Dubuque Initiatives Development Agreement is
hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said Third
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 Third Amendment as herein approved.
Passed, approved and adopted this 6th day of September, 2011.
Attest: Kevin Firnstahl, Acting City Clerk
23
Roy D. Buol, Mayor
Bee Branch Creek Restoration Project — Acquisition of 517 E. 22nd Street: City Manager
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 acquisition of real estate located at 517 E. 22nd Street, in
the City of Dubuque, Iowa. Seconded by Braig. Motion carried 7 -0.
RESOLUTION NO. 312 -11
APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 517 E. 22nd STREET, IN
THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque intends to acquire certain properties located in the Bee
Branch Creek Re- Alignment area; and
Whereas, an Offer to Buy has been finalized with the owner.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the following
legally- described property: Lot 5 in Sanford's Subdivision in the City of Dubuque, Iowa
according to the recorded plat thereof at the cost of One Hundred Thirty -Seven Thousand Five
Hundred Dollars ($137 500).
Section 2. That the City Clerk be and he is hereby authorized and directed to cause said
Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 3. That the City Clerk be and he is hereby authorized and directed to forward a copy
of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 6th day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Storm Water Fees for Spec Building: City Manager recommending that Spiegel Family
Realty Company Iowa, LLC not be required to pay the storm water fee on the spec building 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 approve the
recommendation. Seconded by Connors. Motion carried 7 -0.
Family Self- Sufficiency Program — Request for Work Session: City Manager requesting a
City Council work session for November 21, 2011 regarding the Family Self- Sufficiency
Program. Motion by Jones to receive and file the documents and schedule a work session for
November 21, 2011. Seconded by Braig. Motion carried 7 -0.
National League of Cities (NLC): Correspondence from the National League of Cities
requesting that the City designate a voting delegate and alternate voting delegate for the
upcoming National League of Cities (NLC) Annual Business meeting on November 12, 2011.
Motion by Connors to receive and file the information accept the appointment of voting
delegate and that Council Member Sutton be appointed as the alternate voting delegate.
Seconded by Resnick. Motion carried 7 -0.
24
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 program 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 litigation
pursuant to Chapter 21.5(1)(c) Code of Iowa. Seconded 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.
/s /Kevin S. Firnstahl
City Clerk
25