10 17 11 City Council Proceedings OfficialCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met it regular session on October 17, 2011 at 6:30 p.m. 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 Council.
Pledge of Allegiance
Invocation was provided by Deacon Tim LoBianco of Resurrection Catholic Church
PROCLAMATIONS
Dubuque Make -a- Difference Day (October 22, 2011) was accepted by Tom Stovall.
Operation: New View Community Action Agency, 1473 Central Avenue and representatives of
the Make a Difference Committee; Veterans' Appreciation Month (November 2011) was
accepted by Glen Gassman, Iowa Workforce Development, 680 Main Street.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Braig requested ( #16) WMK Investment Properties — Wild
Rose Lane be held for separate discussion. Motion carried 7 -0.
Minutes and Reports Submitted: City Council of 10/3; Human Rights Commission of 8/10
and 9/28; Human Rights /Transit /Housing Summit of 8/15; Library Board of Trustees of 2/24,
3/24, 4/28, and 5/26; Zoning Advisory Commission of 10/5
Proofs of publication for City Council Proceedings of September 19, 2011; and List of
Claims and Summary of Revenues for month ended August 31, 2011.
Upon motion the documents were received and filed.
Notice of Claims /Suits: Claim by Jennifer Burkart for vehicle damage, Donald Miller for
property damage, Dennis and Catherine Mohr for property damage, Rahkee Norman for
vehicle damage, Rose Schaepe for vehicle damage, Ronald Schnee for personal
injury /property damage, Chelsea Smith for vehicle damage, Terry! Stewart for vehicle damage,
Brendan Quann for 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: Jennifer Burkart for
vehicle damage, Donald Miller for property damage, Dennis and Catherine Mohr for property
damage, Ronald Schnee for personal injury /property damage, Chelsea Smith for vehicle
damage, Brendan Quann for property damage. Upon motion the documents were received,
filed and concurred.
2011 Drain Tile Program: City Manager recommending that the award for the 2011 Drain
Tile Project be officially recorded in the minutes of the City Council. Upon motion the
documents were received, filed, and made a Matter of Record.
Blanche Avenue Resurfacing Project: City Manager recommending that the award for the
Blanche Avenue Resurfacing Project be officially recorded in the minutes of the City Council.
Upon motion the documents were received, filed, and made a Matter of Record.
Plat of Survey — Bee Branch Subdivision No 1: City Manager recommending approval of the
Plats of Survey of Lots 1 -1, 2 -1, 1 -2 and 2 -2 of Bee Branch Subdivision No. 1. Upon motion the
documents were received and filed and Resolution No. 343 -11 Approving Plat of Survey of Lot
1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 1 in the City of Dubuque, Dubuque County,
Iowa; and Resolution No. 344 -11 Approving Plat of Survey of Lot 1 -2 and Lot 2 -2 of Bee
Branch Subdivision No. 1 in the City of Dubuque, Dubuque County, Iowa, were adopted.
RESOLUTION 343 -11
APPROVING PLAT OF SURVEY OF LOT 1 -1 AND LOT 2 -1 OF BEE BRANCH
SUBDIVISION NO. 1 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat
dated the 4th day of October, 2011, prepared by Buesing & Associates describing the
subdivision of Lot 1 of Bee Branch Subdivision No. 1 to be hereinafter known as Lot 1 -1 and
Lot 2 -1 of Bee Branch Subdivision No. 1 in the City of Dubuque, Dubuque County, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 4th day of October, 2011, prepared by Buesing &
Associates relative to the real estate hereinabove described be and the same is hereby
approved, and the Mayor and City Clerk be and they are hereby authorized and directed to
execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and
certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 17th day of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 344 -11
APPROVING PLAT OF SURVEY OF LOT 1 -2 AND LOT 2 -2 OF BEE BRANCH
SUBDIVISION NO. 1 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat
dated the 4th day of October, 2011, prepared by Buesing & Associates describing the
subdivision of Lot 2 of Bee Branch Subdivision No. 1 to be hereinafter known as Lot 1 -2 and
Lot 2 -2 of Bee Branch Subdivision No. 1 in the City of Dubuque, Dubuque County, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 4th day of October, 2011, prepared by Buesing &
Associates relative to the real estate hereinabove described be and the same is hereby
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approved, and the Mayor and City Clerk be and they are hereby authorized and directed to
execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and
certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 17th day of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Sanitary Sewer Easement — Middle Fork Catfish Creek: City Manager recommending
acceptance of a sanitary sewer easement from Ricky Rhomberg for the Middle Fork Catfish
Creek interceptor sewer (1572 Old Mill Road). Upon motion the documents were received and
filed and Resolution No. 345 -11 Accepting the grant of an easement for sanitary sewer
through, under and across parts of Lot 1 of Mineral Lot 7, Lot 1 of 1 and Lot 2 of Mineral Lot
512, Lot 10 of Mineral Lot 501, Lots 1, 2, 13 and 14 of Rockdale, and the north one -half and
south one -half of a vacated street abutting Lots 1, 2, 13 and 14 of Rockdale and also abutting
Lot 10 of Mineral Lot 501 all in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 345 -11
ACCEPTING THE GRANT OF AN EASEMENT FOR SANITARY SEWER THROUGH,
UNDER AND ACROSS PARTS OF LOT 1 OF MINERAL LOT 7, LOT 1 OF 1 AND LOT 2 OF
MINERAL LOT 512, LOT 10 OF MINERAL LOT 501, LOTS 1, 2, 13 AND 14 OF
ROCKDALE, AND THE NORTH ONE -HALF AND SOUTH ONE -HALF OF A VACATED
STREET ABUTTING LOTS 1, 2, 13 AND 14 OF ROCKDALE AND ALSO ABUTTING LOT
10 OF MINERAL LOT 501 ALL IN THE CITY OF DUBUQUE, IOWA
Whereas, Ricky R. Rhomberg has executed a Grant of Easement for Sanitary Sewer
through, under and across parts of Lot 1 of Mineral Lot 7, Lot 1 of 1 and Lot 2 of Mineral Lot
512, Lot 10 of Mineral Lot 501, Lots 1, 2, 13 and 14 of Rockdale, and the north one -half and
south one -half of a vacated street abutting Lots 1, 2, 13 and 14 of Rockdale and also abutting
Lot 10 of Mineral Lot 501 all in the City of Dubuque, Dubuque County, Iowa.
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 Grant of Easement for Sanitary Sewer through, under and across parts of Lot
1 of Mineral Lot 7, Lot 1 of 1 and Lot 2 of Mineral Lot 512, Lot 10 of Mineral Lot 501, Lots 1, 2,
13 and 14 of Rockdale, and the north one -half and south one -half of a vacated street abutting
Lots 1, 2, 13 and 14 of Rockdale and also abutting Lot 10 of Mineral Lot 501 all in the City of
Dubuque, Dubuque County, Iowa from Ricky R. Rhomberg, a copy of which is attached hereto.
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, approved and adopted this 17th day of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Plat of Survey — Leibfried Place: Zoning Advisory Commission recommending approval of
the Plat of Survey for Leibfried Place (2304 and 2310 Eagle Street) as requested by Dan and
Bernadette Leibfried. Upon motion the documents were received and filed and Resolution No.
346 -11 Approving the Plat of Survey of Leibfried Place in the City of Dubuque, Iowa, was
adopted.
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RESOLUTION NO. 346 -11
APPROVING THE PLAT OF SURVEY LEIBFRIED PLACE IN CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey Leibfried Place in the city
of Dubuque, Iowa ; and
Whereas, said Plat of Survey provides 16.08 feet of frontage for Lot 2 on a public or
approved private street, where 50 feet of street frontage is required by Section 11 -14 of Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of frontage on a public street or an
approved private street for Lot 2 where 50 feet is required.
Section 2. That the Plat of Survey Leibfried Place is hereby approved and the Mayor and
City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque,
Iowa upon said Plat of Survey.
Passed, approved and adopted this 17th day of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Plat of Survey - 16th and Jackson Streets: Zoning Advisory Commission recommending
approval of the Plat of Survey for Lot 493 in the original town of Dubuque as requested by
Richard Runde. Upon motion the documents were received and filed and Resolution No. 347-
11 Approving the Plat of Survey of the Subdivision of City Lot 493 in the original town of
Dubuque in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 347 -11
APPROVING THE PLAT OF SURVEY PLAT OF THE SUBDIVISION OF CITY LOT 493 IN
THE ORIGINAL TOWN OF DUBUQUE IN THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City Clerk the Plat of Survey Plat of Subdivision of
Lot 493 in the original town of Dubuque in the City of Dubuque, Iowa; and
Whereas upon said Plat of Survey appears a sanitary sewer easement which the owner by
said Plat of Survey has dedicated to the public forever; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that it
conforms to the statues and ordinances relating to it.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of the easement for sanitary sewer as it appears on said Plat
of Survey, be and the same is hereby accepted; and
Section 2. That the Plat of Survey Plat of the Subdivision of City Lot 493 in the original town
of Dubuque, is hereby approved and the Mayor and City Clerk are hereby authorized and
directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 17th day of October, 2011.
Roy D. Buol, Mayor
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Attest: Kevin S. Firnstahl, City Clerk
Plat of Survey — 340 Olympic Heights: Zoning Advisory Commission recommending
approval of the Plat of Survey for Gillespie's Third Addition (340 Olympic Heights) as
requested by Allen Weber. Upon motion the documents were received and filed and
Resolution No. 348 -11 Approving the Plat of Survey for Lot 1 of Lot 1 and Lot 2 of Lot 1 of
Gillespie's Third Addition in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 348 -11
APPROVING THE PLAT OF SURVEY LOT 1 OF LOT 1 AND LOT 2 OF LOT 1 OF
GILLESPIE'S THIRD ADDITION IN THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City Clerk the Plat of Survey Lot 1 of Lot 1 and Lot 2
of Lot 1 of Gillespie's Third Addition in the City of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 2 of Lot 1 on a public street
and 465 square feet of lot area, where 50 feet of frontage and 5,000 square feet of lot area are
required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating to it.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of frontage on a public street and 465
square feet of lot area where 50 feet of lot frontage and 5,000 square feet of lot area is
required for Lot 2 of Lot 1.
Section 2. That the Plat of Survey Lot 1 of Lot 1 and Lot 2 of Lot 1 of Gillespie's Third
Addition is hereby approved and the Mayor and City Clerk are hereby authorized and directed
to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 17th day of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Trees Forever Grant Application — Street Tree Enhancement Project: City Manager
recommending approval of the submission of a $7,000 Trees Forever Grant application and
the City's letter of support for the Street Tree Enhancement Project. Upon motion the
documents were received and filed and Resolution No. 349 -11 Support of Trees Forever
application for funding for the Street Tree Enhancement Program was adopted.
RESOLUTION NO. 349 -11
SUPPORT OF TREES FOREVER APPLICATION FOR FUNDING FOR THE STREET TREE
ENHANCEMENT PROJECT
Whereas, Trees Forever provides funding and technical assistance for tree planting projects
in parks, schools, residential areas, gateways, and street parkways; and
Whereas, the City Council has adopted the Fiscal Year 2012 -2017 Capital Improvement
Program (CIP) budget, which includes the City's local match from the annual Street Tree
Program.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is authorized to sign the letter of support and submit this grant
application to Trees Forever for the Street Tree Enhancement Project.
Passed, approved and adopted this 17th day of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
Metz et al. vs. City of Dubuque: City Attorney recommending approval of a Release and
Settlement Agreement and authority for the City Manager to sign on behalf of the City. Upon
motion the documents were received, filed, and approved.
Historic Preservation Commission: Commissioner Michael Knight submitting his resignation
from the Historic Preservation Commission. Upon motion the document was received, filed and
the resignation was accepted.
Workers' Compensation Claims Administration: City Manager recommending approval of
the renewal rates for Alternative Services Concepts (ASC), the City's Worker's Compensation
Claims Administrator effective October 1, 2011 through October 30, 2012. Upon motion the
documents were received, filed, and approved.
Federal Emergency Management Agency (FEMA): Correspondence from the Department of
Homeland Security's Federal Emergency Management Agency (FEMA) informing the City that
the Dubuque Local Flood Protection Project Levee is in compliance with minimum certification
requirements outlined in Title 44 of the Code of Federal Regulations. Upon motion the
documents were received and filed.
Signed Contracts: A) Tenth and Central Avenue Parking Ramp Final Change Order 010 -PS,
B) System Leak Detection contract with Westrum Leak Detection, Inc., C) Grand River Center
Smart Electric Meter design documents with KJWW of Rock Island, IL, D) Vendor Service
Agreement with RJN to conduct smoke testing near the Bee Branch and Sycamore Lift Station,
E) Mutual Aid and Contingency Agreement — Dubuque County Emergency Medical Services
Association. Upon motion the documents were received and filed.
WMK Investment Properties — Wild Rose Lane: City Manager transmitting correspondence
from WMK Investment Properties, Steve Wieland, Larry McDermott, and Ken Kress seeking a
remedy to the speed limit and sight distance requirements for the entrance to Wild Rose Lane
off Middle Road. Motion by Braig to receive and file. Seconded by Connors. Responding to
questions from City Council, City Manager Van Milligen stated that staff has determined the
area unsafe and the responsibility is on the developer to take corrective measures. Motion
carried 7 -0.
Water Meter Wireless Network Equipment License Agreement: City Manager
recommending approval of an Amended Water Meter Wireless Network Equipment License
Agreement with Dubuque Community Schools that will allow placement of a low -power
900Mhz broad band access point at Table Mound Elementary School, along with cabling from
that access point to the room where network equipment is located. Upon motion the
documents were received, filed, and approved.
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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. 350A -11 Granting the issuance of a Class "C" Beer /Liquor License to L. May Restaurant,
Dog House Lounge, Bank Bar & Grille, Jumper's Sports Bar, Rainbow Lounge, Europa Haus &
Bierstube, Channel Inn Restaurant; and a Class "C" Liquor License to Hu Hot Mongolian Grill;
and Resolution No. 351 -11 Granting the issuance of a Class "B" Beer Permit to Happy Joe's
Ice Cream & Pizza Parlor were adopted.
RESOLUTION NO. 350A -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.
CLASS "B" BEER PERMIT
J & P O'Hara, Inc. Happy Joe's Ice Cream & Pizza Parlor
+(Sunday Sale)
Passed, approved and adopted this 1 7th day of October, 2010.
Attest: Kevin S. Firnstahl, City Clerk
855 Century Dr.
Roy D. Buol, Mayor
RESOLUTION NO. 351 -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.
L. May
Dog Gone, Inc.
CES II Properties, Inc.
Blue Sky 4, Ltd.
DAMA Corp.
Europa Haus, Inc.
Carolyn K. Fonck
CCW, LLC
CLASS "C" BEER /LIQUOR LICENSE
L. May +(Sunday /Outdoor Sale)
Dog House Lounge +(Sunday /Outdoor Sale)
The Bank Bar & Grille +(Sunday /Outdoor Sale)
Jumpers Sports Bar +(Sunday /Outdoor Sale)
Rainbow Lounge +(Sunday Sale)
Europa House & Bierstube
Channel Inn Restaurant
1072 Main
1646 Asbury Rd.
342 Main St.
2600 Dodge St.
36 W. 4th St
1301 Rhomberg Ave.
2010 Y Kerper Blvd.
SPECIAL CLASS "C" LIQUOR LICENSE
Huhot Mongolian Grill +(Sunday Sale) 555 JFK Rd.
Passed, approved and adopted this 1 7th day of October, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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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.
Sale of Property — 2315 Jackson Street: City Manager recommending setting a public
hearing for November 7, 2011 to consider the sale of City -owned property located at 2315
Jackson Street to Raymond Pfeiffer for the purchase price of $74,000. Upon motion the
documents were received and filed and Resolution No. 352 -11 Resolution of Intention to
dispose of City -owned property, specifically, East 1/2 of Lot 24A in L.H. Langworthy Addition in
the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof, 2315
Jackson Street, was adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on November 7, 2011 in the Historic Federal Building.
RESOLUTION NO. 352 -11
RESOLUTION OF INTENTION TO DISPOSE OF CITY -OWNED PROPERTY,
SPECIFICALLY, EAST 1/2 OF LOT 24A IN L.H. LANGWORTHY'S ADDITION IN THE CITY
OF DUBUQUE, COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT
THEREOF, 2315 JACKSON STREET
Whereas, the City of Dubuque has purchased certain real property for purpose of its
rehabilitation and re -sale for owner - occupied housing; and
Whereas, the City received an offer to purchase this property from a qualifying family;
Whereas, such purpose supports the Neighborhood Stabilization Program and Washington
Neighborhood Revitalization strategy as approved by the City Council; and
Whereas, by accepting the selected offer the City's objectives of providing first -time
homeownership to a lower- income buyer and rehabilitation of a foreclosed home 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, Iowa, intends to dispose of its interest in the following
legally- described property: "East '/2 of Lot 24A in L.H. Langworthy's Addition to the City of
Dubuque, County of Dubuque, Iowa, according to the recorded Plat thereof."
Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above
described real estate to Raymond A. Pfeiffer for the sum of $74,500.
Section 3. That 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 Property, to be held on the 7th day of
November, 2011, at 6:30 o'clock p.m. at the Historic Federal Building, 350 West Locust,
Dubuque, Iowa.
Passed, approved and adopted this 17th day of October, 2011.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS /COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards /Commissions: Plumbing Code Board. One 3 -year term through November 2,
2014 (expiring term of Willenborg). Applicant: Harlan Willenborg, 3254 Lake Ridge Drive
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Appointments to the following Boards /Commissions:
Environmental Stewardship Advisory Commission: One 3 -year term through October 1,
2014 (expiring term of Klostermann). Applicants: Wayne Klostermann, 2636 Queen Street;
Stacy Splittstoesser, 1694 Radford Road, #18. Upon roll call vote of 5 -2 (Buol and Connors
voting for Klostermann), Stacy Splittstoesser was appointed to the Environmental Stewardship
Advisory Commission for a 3 -year term through October 1, 2014.
Long Range Planning Advisory Commission: One 3 -year term through July 1, 2014 (vacant
term of Braig). Applicant: Craig Beytien, 1091 Valentine Drive. Motion by Lynch to appoint
Craig Beytien to the Long Range Planning Advisory Commission for a 3 -year term through July
1, 2014. Seconded by Braig. Motion carried 7 -0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Rezone — 901 Rhomberg Avenue: Proof of publication on notice of public
hearing to consider a request from Chad Hallahan to rezone property located at 901
Rhomberg Avenue from C -1 Neighborhood Commercial District to C -2 Neighborhood
Shopping Center District and the Zoning Advisory Commission recommending approval.
Motion by Jones to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7 -0.
Planning Services Manager Laura Carstens provided a staff report. Responding to questions
from City Council, Business owner Chad Hallahan stated that he owns the business as an
individual. Carstens clarified that the step up in zoning is required by the Unified Development
Code to accommodate this type of business.
Motion by Jones for final consideration and passage of Ordinance No. 48 -11 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described property located at 901 Rhomberg Avenue from C -1 Neighborhood
Commercial District to C -2 Neighborhood Shopping Center District. Seconded by Braig. Motion
carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 48 -11
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED AT 901 RHOMBERG AVENUE FROM C -1 NEIGHBORHOOD COMMERCIAL
DISTRICT TO C -2 NEIGHBORHOOD SHOPPING CENTER DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, is hereby amended by reclassifying the hereinafter described property from C -1
Neighborhood Commercial District to C -2 Neighborhood Shopping Center District, to wit: Lot 1
of 15 and Lot 1 of 16 Hooper's Addition, and to the centerline of the adjoining public right -of-
way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect upon publications, as provided by law.
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Passed, approved and adopted this 17th day of October, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph - Herald Newspaper the 21st day of October, 2011.
/s /Kevin S. Firnstahl, City Clerk
Timber -Hyrst Place No. 3 — Release of Easements: Proof of publication of notice of public
hearing to consider releasing the existing utility storm sewer and access easements on Lot 2 of
Timber -Hyrst Place No. 3 and the City Manager recommending approval. Motion by Lynch to
receive and file the documents and adopt Resolution No. 353 -11 Disposing of City interest in
an existing twenty -foot wide storm sewer and utility easement, and a 25 -foot wide access
easement on Lot 2 of Timber -Hyrst Place No. 3 in the City of Dubuque, Iowa. Seconded by
Connors. Motion carried 7 -0.
RESOLUTION NO. 353 -11
DISPOSING OF CITY INTEREST IN AN EXISTING TWENTY -FOOT WIDE STORM SEWER
AND UTILITY EASEMENT, AND A 25 -FOOT WIDE ACCESS EASMENT ON LOT 2 OF
TIMBER -HYRST PLACE NO. 3 IN THE CITY OF DUBUQUE, 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 7th day of October, 2011, the City Council of the City of Dubuque, Iowa
met on the 17th day of October, 2011, at 6:30 p.m. in the Historic Federal Building, Council
Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, to consider the proposal for the
sale of real estate described as:
An existing 20 -foot wide storm sewer and utility easement established on the Final Plat of
Timber -Hyrst Estates No. 2 recorded as Instrument No. 2008 -6368, and a 25 -foot wide access
easement established per Instrument No. 2007 -13839 on Lot 2 of Timber -Hyrst Place No. 3 in
the City of Dubuque, Iowa, according the recorded plat thereof and as shown on the Plat
attached hereto and by reference made a part hereof; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to dispose of 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 disposal of the interest of the City of Dubuque, Dubuque County, Iowa,
in real property described as an existing 20 -foot wide storm sewer, utility and access easement
established on the Final Plat of Timber -Hyrst Estates No. 2 recorded as Instrument No. 2008-
6368 and established per Instrument No. 2007 -13839 which now encumber Lot 2 of Timber -
Hyrst Place No. 3 in the City of Dubuque, Iowa, to Thomas J. King III and Julie M. King be and
the same is hereby approved for the cost of publication and filing fees.
Section 2. That the proposal to dedicate a 20 -foot wide storm sewer and utility easement
and replat the access easement on said property as set out by the owners, be and the same is
hereby approved.
Section 3. That the Mayor and City Clerk be authorized and directed to execute a release of
easement, and the City Clerk be and is hereby authorized and directed to deliver said release
to the above -named grantees upon receipt of the above fees.
Section 4. The cost of vacating the existing access, utility and storm easements and the
moving of the storm sewer to the new easement location shall be the sole expense of the
owners. Further, the reconstruction and relocation of the storm sewer in the relocated
easement shall conform to the City of Dubuque, Iowa, standard specifications for storm sewer.
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Section 5. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution in the office of the City Assessor, Dubuque County Recorder, and the
Dubuque County Auditor.
Passed, approved and adopted this 17th day of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACCEPTANCE OF RESOLUTION NO. 353 -11
I (we), the undersigned, Thomas J. King III and Julie M. King, having read the terms and
conditions of the Resolution No. 353 -11 and being familiar with the conditions thereof, hereby
accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this xx day of xx, 2012.
/s /By Thomas J. King III
/s /By Julie M. King
City Hall HVAC System Improvements Project: Proof of publication of notice of public
hearing to approve the plans, specifications, form of contract, and estimated cost for the City
Hall HVAC System Improvements Project and the City Manager recommending approval.
Motion by Jones to receive and file the documents and adopt Resolution No. 354 -11 Adopting
plans and specifications form of contract and estimated cost for the City Hall —HVAC System
Improvements Project. Seconded by Braig. Responding to questions from City Council, City
Manager Van Milligen stated that this is a necessary improvement that will realize savings
adding that a cooling tower will be placed next to the City Hall generator. Motion carried 7 -0.
RESOLUTION NO. 354 -11
ADOPTING PLANS AND SPECIFICATIONS FORM OF CONTRACT AND ESTIMATED
COST FOR THE CITY HALL —HVAC SYSTEM IMPROVEMENTS PROJECT
Whereas, on October 3, 2011, plans, specifications, form of contract and estimated cost
were filed with the City Clerk of Dubuque, Iowa for the City Hall —HVAC System Improvements
Project.
Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost
was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of contract and estimated cost are hereby approved
as the plans, specifications, form of contract and estimated cost for said improvements for said
project.
Passed, approved and adopted this 17th day of October, 2011.
Roy D, Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Veteran's Freedom Center: Correspondence from the Board of Directors of the Veteran's
Freedom Center requesting assistance from the City of Dubuque to secure a new location for
the Veteran's Freedom Center. This item was removed from the agenda.
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Greenhouse Gas Reduction 50% by 2030 — Phase II: Correspondence from Jason Schatz
of Green Dubuque requesting $40,000 in funding to support Phase II of the Greenhouse Gas
Reduction 50% by 2030 Plan - Phase II. Restated motion by Connors to receive, file, and refer
to the City Manager. Seconded by Jones. City Council discussion included concerns about
identifying a funding source or placing it within the City's budget process, one -time payment
vs. long -term commitment, using existing staff, and the need for more detail concerning the
project's budget and details of deliverables. Motion carried 7 -0.
Purchase of Service Agreements — Budget Process: Correspondence from Council Member
Karla Braig requesting City Council discussion on the budget process for purchase of services.
Restated motion by Braig to receive and file the document and refer to staff to research the
procedures with other major metropolitan cities similar to Dubuque and return a report.
Seconded by Connors. City Council discussion included exploring a more fair and transparent
process for the allocation of funds; does an agency provide a measurable public good;
consider emergency situations, sunset funding option, and a review of the current procedure.
Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Buol reported on his being the first to be asked to substitute for keynote speaker Mayor
Mitch Landrieu of New Orleans at a recent sustainability summit in Washington, DC, crediting
Dubuque's sustainability leadership for the opportunity.
Braig reported on the success of Dubuque's Growing Sustainable Communities Conference
held October 11 and 12 noting that videos of keynote speakers and session audio recordings
are available on the City's web page (www.cityofdubuque.org).
Connors reported on the recent visit by the ICMA Fellows visiting from Australia, Greg Bruce
and Ian Fitzgibbons, and invited people to view Mr. Bruce's blog which compliments Dubuque
and the sustainability conference.
Sutton warned against a possible recent phone scam, which requests money for unpaid City
tickets.
There being no further business, upon motion the City Council adjourned at 7:59 p.m.
Kevin S. Firnstahl
City Clerk
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