11 21 11 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on November 21, 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 the Family Self- Sufficiency Program.
WORK SESSION
Family Self- Sufficiency Program
Housing and Community Development Director David Harris introduced staff members
Carroll Clark, Erica Haugen, and Ermina Soler who provided a slide presentation on the Family
Self- Sufficiency Experience, the Bridges Initiative (Bridges Out of Poverty, Getting Ahead and
Circles). Topics discussed included:
Family Self- Sufficiency Experience
• Family responsibilities
• Program coordinator responsibilities
• Section 8 Voucher participation; contracts and case management
• Program initiatives, education and employment outcomes
Bridges Initiative
• Bridges Out of Poverty; training programs, funding sustainability, continuing education
and employment success outcomes
• Getting Ahead
L i Program initiatives, education and employment success outcomes and
graduation
• Circles
L i Program history, initiatives, demographics and success outcomes
Measuring changes in social equity and real -life impact
Resources, partnerships, case studies, and reporting measures
There being no further business, upon motion the City Council adjourned at 5:38 p.m.
/s /Kevin S. Firnstahl
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on November 21, 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 Council.
PLEDGE OF ALLEGIANCE
INVOCATION
Major Tom Mason, Salvation Army
SWEARING IN
Fourth Ward City Council Member Lynn Sutton
Mayor Buol presented the Individual- Career Award from the Iowa Emergency Medical
Services Association (IEMSA) to Fire Captain Roger Wernimont.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Motion carried 7 -0.
Minutes and Reports Submitted: Airport Commission of 9/12, Cable Teleprogramming
Commission 9/6, City Council Proceedings of 11/7, Historic Preservation Commission
Education Task Force of 11/2, Housing Code Appeals Board of 7/19, Housing Commission of
9/27, Park and Recreation Commission of 10/11, Zoning Advisory Commission of 11/2, Zoning
Board of Adjustment of 10/27
Library Board of Trustees Update from Meeting of October 27, 2011
Upon motion the documents were received and filed.
Notice of Claims /Suits: Jason Duggan for vehicle damage, Christina Forsythe for vehicle
damage, Roger Ruh for vehicle damage, Betty Tigges 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: Jason Duggan for
vehicle damage, Kenneth Miller for vehicle damage, Christina Forsythe for vehicle damage.
Upon motion the documents were received, filed and concurred.
Wingate Place Subdivision — Acceptance of Improvements: City Manager recommending
acceptance of the public improvements that the developers, GNZ Properties, Inc., Larry A.
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Miller and Delbert G. Miller, have recently completed in Wingate Place No. 3 and Wingate
Place No. 4. Upon motion the documents were received and filed and Resolution No. 374 -11
Accepting public improvements in Wingate Place No. 3 and Wingate Place No. 4 was adopted.
RESOLUTION NO. 374 -11
ACCEPTING PUBLIC IMPROVEMENTS IN WINGATE PLACE NO. 3 AND WINGATE
PLACE NO. 4
Whereas, pursuant to Resolutions 152 -10 and 360 -10, certain public improvements
including street paving with curb and gutter, sanitary sewer, watermain, storm sewer and
stormwater detention facilities, catch basins, and street lighting were installed by the
developers of Wingate Place No. 3 and Wingate Place No. 4; and
Whereas, the improvements have been completed and the City Manager has examined the
work and has filed a certificate stating that the same, except the stormwater detention facilities,
have been completed in accordance with the plans approved by the City Council and in
conformance with City specifications, and has recommended that the improvements be
accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said public
improvements, except the stormwater detention facilities, in Wingate Place No. 3 and Wingate
Place No. 4 be and the same is hereby accepted.
Section 2. That maintenance of said public improvements shall be the responsibility of the
owners for a period of two (2) years from the date of this resolution.
Passed, approved and adopted this 21st day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Water Pollution Control Plant Construction Camera Documentation Services: City Manager
recommending selection of Multivista to provide construction camera documentation services
for the Water Pollution Control Plant Modifications Project for a proposed fee of $65,985, and
approval to negotiate and enter into an agreement with Multivista. Upon motion the documents
were received, filed, and approved.
HiB Technical Skills Training Grant — Letter of Support: City Manager transmitting
correspondence in support of Skill Up: Up- skilling IT in Iowa & Wisconsin proposal submitted
by Northeast Iowa Community College in response to the H1 B Technical Skills Training Grants
program. Upon motion the documents were received, filed, and approved.
ABC Supply — Amendment to Lease Agreement: City Manager recommending approval of
the First Amendment to the lease agreement with American Builders and Contractor's Supply
Company, Inc. (ABC Supply). Upon motion the documents were received and filed and
Resolution No. 375 -11 Approving a First Amendment to the lease agreement between the City
of Dubuque, Iowa, and American Builders and Contractor's Supply Co., Inc. (ABC Supply) was
adopted.
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RESOLUTION NO. 375 -11
APPROVING A FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY
OF DUBUQUE, IOWA AND AMERICAN BUILDERS AND CONTRACTOR'S SUPPLY CO.,
INC. (ABC SUPPLY)
Whereas, the City of Dubuque, Iowa (City) owns the real property located at 10 South Main
Street in the City of Dubuque, Iowa; and
Whereas, City and ABC Supply have negotiated a 5 year Lease Agreement for the property
located at 10 South Main Street, a copy of which Lease Agreement is on file at the office of the
City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and
Whereas, City and ABC Supply have agreed to amend Section 1.1 of the Lease Agreement
where ABC Supply waives all rights to terminate the lease; and
Whereas, ABC Supply agrees to reimburse the City for an amount agreed upon for
converting the existing wet fire sprinkler system to a dry fire sprinkler system; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque to
approve the First Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The First Amendment between City and ABC Supply is hereby approved and the
City Manager is authorized to execute said amendment on behalf of the City of Dubuque.
Passed, approved and adopted this 21st day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Voluntary Dental Plan — Acceptance of Renewal Rates: City Manager recommending
approval of the premiums for the dental plan, which are paid by the employee. Upon motion
the documents were received, filed, and approved.
Delinquent Water, Sewer, Storm Water, and Refuse Assessments: City Manager
recommending approval to certify delinquent water, sewer, storm water and refuse charges to
the Dubuque County Treasurer in order to establish real property liens for collection of such
charges. Upon motion the documents were received and filed and Resolution No. 376 -11
Adopting the Schedule of Assessments for delinquent water, sewer, refuse and stormwater
accounts and directing the City Clerk to certify the Schedule of Assessments to the County
Treasurer and to publish notice thereof was adopted.
RESOLUTION NO. 376 -11
ADOPTING THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER,
REFUSE AND STORMWATER ACCOUNTS AND DIRECTING THE CITY CLERK TO
CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO
PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Schedule of Assessments attached hereto for delinquent
water, sewer, refuse, and stormwater accounts which Schedule of Assessments was filed in
the office of the City Clerk on the 14th day of November, 2011, the said Schedule of
Assessments be and the same is hereby approved and adopted.
That there be, and is hereby assessed and levied as a lien upon the real property, the
respective sums indicated.
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That the City Clerk be and is hereby directed to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week
for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of
which shall be not more than fifteen days from the date of filing of the final schedule. On or
before the date of the second publication of the notice, the City Clerk shall also mail a copy of
said notice to property owners whose property is subject to assessment, as provided and
directed in Iowa Code § 384.60.
The assessments may be paid in full or in part at the Utility Billing Office, City Hall, 50 W.
13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of
the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30
days, unpaid assessments are payable at the County Treasurer's Office, Dubuque County
Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same
manner as general property taxes against the respective parcels of the property set opposite
the name of the property owner.
Passed, approved and adopted this 21st day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER, REFUSE AND
STORMWATER ACCOUNTS
Customer Name, Service Address, Acct Balance, Admin Fee, Total Balance
Aaron J Lincoln, 704 Caledonia St, 53 18, 5 00,
58 18
Allan R Brimeyer, 327 Klingenberg Ter, 196 55,
5 00, 201 55
Amber M Fleege, 3056 White St, 54 68, 5 00,
59 68
Amy J Shepherd & John E Hulsizer, 922 Garfield
Ave, 21 73, 5 00, 26 73
Angie Grimes, 2695 Dove St, 46 07, 5 00, 51 07
Anna M Riniker, 2528 Jackson St, 106 68, 5 00,
111 68
Antonio G Conley, 1104 Riverview St, 50 71,
5 00, 55 71
Auto & Truck Parts Inc, 3000 Jackson St, 364 09,
5 00, 369 09
Barry F Landolt, 911 Garfield Ave, 74 62, 5 00,
79 62
Bayview Investments LC, 30 W 28th St, 3815,
5 00, 43 15
Bill J Finn, 1860 Heeb St, 50 91, 5 00, 55 91
Bill J Finn, 2010 Shelby St, 131 88, 5 00, 136 88
Bryan R Glanz, 2995 Hillcrest Rd, 478 14, 5 00,
483 14
Charles J Massey, 209 Dillon St, 100 82, 5 00,
105 82
Charles W Wehrspann, 3870 Creston St, 60 90,
5 00, 65 90
Charmayne M McMurray, 1855 Rhomberg Ave,
57 90, 5 00, 62 90
Chris C Clark, 2411 Rhomberg Ave, 45 71, 5 00,
50 71
Chris F Curfman, 82 Alpine St, 23 42, 5 00, 28 42
5
Chris J Feldman, 1675 Amy Ct, 139 14, 5 00,
144 14
Christopher J Mayne, 1001 Garfield Ave, 135 96,
5 00, 140 96
CK Concrete Construction LLC, 7869 Commerce
Park, 176 64, 5 00, 181 64
Colleen Gerhard, 1085 Roosevelt St, 43 05, 5 00,
48 05
Colon Bobbitt, 501 Obeche Ct, 229 14, 5 00,
234 14
D W Geiger, 2600 Central Ave, 523 89, 5 00,
528 89
Dale B Walker, 830 Valentine Dr, 40 60, 5 00,
45 60
Dale F Walbrun, 2300 Jackson St, 157 02, 5 00,
162 02
Dallas M Kalmes, 1038 Bluff St, 398 60, 5 00,
403 60
Daniel J Pfeiffer, 510 Angella St, 40 79, 5 00,
45 79
Daniel J Siefker, 1838 Central Ave, 588 04, 5 00,
593 04
David & Laurie Vonah, 2320 White St, 47 38,
5 00, 52 38
Dean W Miller, 604 Rhomberg Ave, 78 93, 5 00,
83 93
Debbie L Feldman, 739 W 8th St, 249 69, 5 00,
254 69
Deutsche Bank National Trust, 475 Valeria St,
193 76, 5 00, 198 76
Don D Heim, 596 University Ave, 105 28, 5 00,
110 28
Donald S Rogers, 749 Wilson St, 101 81, 500,
106 81
Donovan J Nelson, 1684 W 3rd St, 432 53, 5 00,
437 53
Doris Mantrenach, 369 Clarke Dr, 316 52, 5 00,
321 52
Doug Wolff, 2020 Rockdale Rd, 75 33, 5 00,
80 33
Ed F Davis, 971 Bluff St, 246 19, 5 00, 251 19
Fred J Husemann III, 2926 Washington St,
188 13, 5 00, 193 13
G C F, 295 Bradley St, 264 13, 5 00, 269 13
Gary A Hansen, 2060 Ellen St, 10 83, 5 00, 15 83
Gary Bernhard, 1110 Roosevelt St, 79 34, 5 00,
84 34
Gary Bernhard, 1100 Roosevelt St, 207 31, 5 00,
212 31
Gary E & Susan M Bay, 1805 Jackson St,
317 10, 5 00, 322 10
Gary E & Susan M Bay, 1815 Jackson St,
377 26, 5 00, 382 26
H & R Properties, 1586 Washington St, 189 63,
5 00, 194 63
Ivan P Divino, 345 W Locust St Apt 3, 288 89,
5 00, 293 89
Ivan P Divino, 522 Rhomberg Ave Apt 1, 3918,
5 00, 44 18
Ivan P Divino, 520 Rhomberg Ave Apt 2, 46 83,
5 00, 51 83
Ivan P Divino, 345 W Locust St Apt 1, 5335,
5 00, 58 35
Ivan P Divino, 345 W Locust St Apt 2, 5710,
5 00, 62 10
J Foht, 723 Peru Rd, 207 31, 5 00, 212 31
James J Healey, 2435 Coates St, 18 90, 5 00,
23 90
Jamie J Miller, 2450 Merfeld Ln, 40 82, 5 00,
45 82
Janet Udelhofen, 2139 Central Ave, 433 50, 5 00,
438 50
Jay C Close, 689 W Locust St, 252 61, 5 00,
257 61
Jayme J Mescher, 2577 Glenview Cr, 270 80,
5 00, 275 80
Jeffrey J Welter, 695 Kane St, 51 17, 5 00, 56 17
Jeffrey T Smith, 1265 Thomas PI, 216 51, 5 00,
221 51
Jeremy D Shireman, 2225 St Celia St, 116 73,
5 00, 121 73
Jerod F & Sarah A Bennett, 750 Kelly Ln, 157 02,
5 00, 162 02
Jesse Rans, 2008 Foye St, 118 33, 5 00, 123 33
Jody & Jason P McCarty, 2170 Deborah Dr,
233 60, 5 00, 238 60
Joel F Cabral, 24 Milwaukee St, 81 96, 5 00,
86 96
John & Sally Jo Herrig, 2119 Rhomberg Ave Apt
2, 76 08, 5 00, 81 08
6
John A & Megan R Glassbrenner, 555 W 17th St,
492 82, 5 00, 497 82
John H White, 955 Jackson St, 19 46, 5 00,
24 46
John R Barbee, 3085 Oak View Ct, 243 10, 5 00,
248 10
Joseph Healey, 1012 Wilson St, 107 41, 5 00,
112 41
Josie M Hagensten, 9 E 26th St, 246 19, 5 00,
251 19
George E Salser Jr, 514 Angella St, 48 57, 5 00,
53 57
Judy A Beecher, 55 Milwaukee St, 157 08, 5 00,
162 08
Julie Leclere, 2491 Hempstead St, 10461, 500,
109 61
Julie Leclere, 2489 Hempstead St, 142 36, 5 00,
147 36
Kathryn A Schrauth, 410 Kaufmann Ave, 75 97,
5 00, 80 97
Kenneth A Ginter, 2662 Ogle St, 121 54, 5 00,
126 54
Kenneth E Keller, 2054 Jackson St # 2, 307 11,
5 00, 312 11
Kermit Jackson, 1875 Clarke Dr, 24 34, 5 00,
29 34
Kevin J Klein, 2422 Washington St, 207 49, 5 00,
212 49
Key City Land Investments LLC, 3270 Dodge St,
71234,500,71734
Key City Properties LLC, 3125 Cedar Crest Rdg,
258 67, 5 00, 263 67
Key City Properties LLC, 3131 Cedar Crest Rdg,
317 28, 5 00, 322 28
Kress Industrial Facility LLC, Seippel Rd
Commercial Park, 242 61, 5 00, 247 61
Kristi M Eppler, 2305 Queen St, 8811, 500,
93 11
Kristina M Williams, 2161 Washington St, 186 90,
5 00, 191 90
Larry Oglesby, 712 Hill St Apt 1, 116 50, 5 00,
121 50
Larry P & Cheryl A Conley, 2512 Broadway St,
22 87, 5 00, 27 87
Laura & Toby Benson, 1625 N Algona St, 347 24,
5 00, 352 24
Lonnie L Allen, 2565 Front St, 169 48, 5 00,
174 48
Lynn F Schmitz, 1040 Roosevelt St, 165 24,
5 00, 170 24
Lynn F Schmitz, 1030 Roosevelt St, 347 44,
5 00, 352 44
Main Street Development Co, 100 Main St,
801 90, 5 00, 806 90
Mardi Gras Estates LC, 2588 Central Ave, 60 48,
5 00, 65 48
Marie E Gerhard, 16497 Middle Rd, 104 57, 5 00,
109 57
Mark Krolich, 743 Louise St, 155 61, 5 00, 160 61
Martin Schadl, 3170 Keokuk Ct, 27 83, 5 00,
32 83
Mary B Mellor, 3110 Sheridan Rd, 330 52, 5 00,
335 52
Maurice A Kirchberg, 396 W Locust St, 85 82,
5 00, 90 82
Mcstac Properties LLC, 2276 Central Ave Apt 1,
38 27, 5 00, 43 27
MCSTAC Properties LLC, 2335 Garfield Ave,
38 50, 5 00, 43 50
Michael Dennison, 595 Angella St, 292 97, 5 00,
297 97
Michael J Schetgen, 3922 Inwood Ave, 20551,
5 00, 210 51
Michael Kane, 2222 Washington St, 168 37,
5 00, 173 37
Michael Lloyd, 2046 Morningview Rd, 102 67,
5 00, 107 67
Michelle Scott, 607 W 8th St, 38 10, 5 00, 43 10
Nadine M Banfield, 932 Merz St, 16 37, 5 00,
21 37
Nathan B Boyes, 977 Cleveland Ave, 12415,
5 00, 129 15
Nathan B Boyes, 1402 Lincoln Ave Apt 2, 170 57,
5 00, 175 57
Nathan B Boyes, 1402 Lincoln Ave Apt 1, 213 02,
5 00, 218 02
Nina K Nelson, 520 Lincoln Ave, 289 49, 5 00,
294 49
Ocean Rock Investments Llc, 915 Thomas PI,
324 12, 5 00, 329 12
Patrick J Norton, 2739 Burden St, 198 75, 5 00,
203 75
Patrick R Marsh, 158 Bluff St, 83 26, 5 00, 88 26
Paul B Breitbach, 523 Southern Ave, 155 79,
5 00, 160 79
Perry D Sopina, 116 W 13th St 1st FI, 34 95,
5 00, 39 95
Perry Sopina, 116 W 13th St #2 2nd FI, 21471,
5 00, 219 71
Philip F Schromen, 713 Peru Rd, 220 85, 5 00,
225 85
Quattro C Properties LLC, 2670 Raven Oaks Dr,
156 41, 5 00, 161 41
Quattro C Properties LLC, 2674 Raven Oaks Dr,
49 35, 5 00, 54 35
Randy Mills, 3055 Brunskill Rd, 60 28, 5 00,
65 28
Rebecca A Stover, 2875 Argyle St, 165 65, 5 00,
170 65
Rebecca S Brandenburg, 1404 Lincoln Ave,
598 19, 5 00, 603 19
Richard D Ames, 2337 Cherry St, 153 81, 5 00,
158 81
Ricky J Hurst, 3975 Inwood Ave, 207 31, 5 00,
212 31
Roger Richard, 1598 Washington St, 229 29,
5 00, 234 29
7
Ron Rudiger, 590 Angella St, 216 22, 5 00,
221 22
Ronald L Houselog, 716 E 22nd St, 34 49, 5 00,
39 49
Ronda S Carpenter, 2655 Beverly Ave, 221 58,
5 00, 226 58
Ryan A Neuhaus, 355 Kaufmann Ave, 27 75,
5 00, 32 75
Ryan P Hickson, 743 Cleveland Ave, 76 36, 5 00,
81 36
Sandy L Hefel, 1289 W 5th St, 40 84, 5 00, 45 84
Sara J Hines, 2169 Elm St, 229 12, 5 00, 234 12
Scott M Bries, 735 Kirkwood St 2nd, 135 35,
5 00, 140 35
Secretary Of Housing & Urban, 2224 Francis St
Apt 1, 26 05, 5 00, 31 05
Secretary Of Housing & Urban, 2224 Francis St
Apt 2, 26 05, 5 00, 31 05
Secretary Of Housing & Urban, 2222 Francis St,
29 79, 5 00, 34 79
Sherrie L Jones, 2790 Andrew Ct, 177 46, 5 00,
182 46
Steven J Kaiser, 3405 Jackson St, 111 07, 5 00,
116 07
Thomas & Martha Blake, 2414 Windsor Ave Apt
1, 40 19, 5 00, 45 19
Thomas Cunningham, 1576 Locust St, 5421,
5 00, 59 21
Thomas J & Martha J Blake, 357 Kaufmann Ave
Apt 2, 138 48, 5 00, 143 48
Thomas J & Martha J Blake, 809 W 8th St # 2,
186 09, 5 00, 191 09
Thomas J & Martha J Blake, 2301 White St Apt
2, 193 31, 5 00, 198 31
Thomas J & Martha J Blake, 2214 Jackson St #
2, 229 53, 5 00, 234 53
Thomas J Wernimont, 1328 Jackson St, 11616,
5 00, 121 16
Timothy K Manning, 1552 Locust St, 145 98,
5 00, 150 98
Tina M Pluemer, 890 Pleasant St, 106 08, 5 00,
111 08
Tom E Connolly, 2900 Indiana Ave, 229 00, 5 00,
234 00
Tom J Ede, 3951 Inwood Ave, 207 31, 5 00,
212 31
Tri -State Property Management, 665 Jefferson
St, 85 41, 5 00, 90 41
Tri -State Property Management, 663 Jefferson
St, 76 96, 5 00, 81 96
Tri -State Property Management, 539 Pickett St,
77 22, 5 00, 82 22
Tri -State Property Management, 773 N Booth St,
132 38, 5 00, 137 38
Vicki L Rako, 1017 Bluff St, 159 71, 5 00, 164 71
Vikki L Vondran, 2490 Green St, 142 93, 5 00,
147 93
Walter W Mclaughlin, 689 W 8th St, 53 49, 5 00,
58 49
Wayne & Allie Ross, 556 W 17th St, 20231, Wells Fargo Bank Na Trustee, 1683 Wisconsin
5 00, 207 31 Ave, 187 56, 5 00, 192 56
Drug Abuse Resistance Education (DARE): City Manager recommending approval of the
2011/2012 Drug Abuse Resistance Education (DARE) agreement between the City of
Dubuque Police Department and the Dubuque Community School District. Upon motion the
documents were received, filed, and approved.
Plat of Survey — J.J. Kemp Place: Zoning Advisory Commission recommending approval of
the Plat of Survey of J.J. Kemp Place (408 Hill Street) as requested by James R. and Jo A.
Edwards. Upon motion the documents were received and filed and Resolution No. 350 -11
Approving the Plat of Survey of J.J. Kemp Place in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 350 -11
APPROVING THE PLAT OF SURVEY OF J. J. KEMP PLACE IN CITY OF DUBUQUE,
IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey of J. J. Kemp Place in the
city of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 and Lot 2 on a public or
approved private street and 2,362 square feet of lot area for Lot 2, where 50 feet of street
frontage and 5,000 square feet of lot area 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 1 and Lot 2 and 2,362 square feet of lot area for Lot 2.
Section 2. That the Plat of Survey of J. J. Kemp 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 21st day of November 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Plat of Survey — McNamer Acres #3: Zoning Advisory Commission recommending approval
of the Plat of Survey of McNamer Acres #3 (west end of Manson Road) as requested by Marty
McNamer. Upon motion the documents were received and filed and Resolution No. 378 -11
Approving the Plat of Survey of McNamer Acres #3 in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 378 -11
APPROVING THE PLAT OF SURVEY OF MCNAMER ACRES #3 IN CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of McNamer Acres #3 in the city of
Dubuque, Iowa ; and
Whereas, said Plat of Survey provides 0 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
8
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 of McNamer Acres #3 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 21st day of November 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Final Plat — Knepper Addition: Zoning Advisory Commission recommending approval of the
Final Plat of Knepper Addition (1834 Creek Wood Drive) as requested by Buesing &
Associates. Upon motion the documents were received and filed and Resolution No. 379 -11
Approving the Final Plat of Knepper Addition in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 379 -11
APPROVING THE FINAL PLAT KNEPPER ADDITION IN THE CITY OF DUBUQUE, AND
DUBUQUE COUNTY, IOWA.
Whereas, there has been filed with the City Clerk the Final Plat Knepper Addition in the City
of Dubuque, and Dubuque County, Iowa; and
Whereas, said Final Plat provides 0 feet of frontage for Lot 1, Lot 2 and Lot 3 on a public
street or approved private street and 2,744 square feet of lot area for Lot 3, where 50 feet of
frontage and 5,000 square feet of lot are required by Section 11 -14 of Title 16 of the City of
Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had
its approval endorsed thereon; and
Whereas, said Final Plat 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 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 1, Lot 2 and Lot 3, and 2,744 square feet of lot area for Lot 3.
Section 2. That the Final Plat Knepper 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 final plat.
Passed, approved and adopted this 21st day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Mines of Spain — Resource Enhancement and Protection (REAP) Grant: City Manager
recommending approval of the Resource Enhancement and Protection (REAP) grant
agreement with the Iowa Department of Natural Resources for $200,000 in funds to be used
9
toward acquisition of 52.19 acres adjacent to the E.B. Lyons Interpretive Center and the Mines
of Spain State Recreation Area. Upon motion the documents were received and filed and
Resolution No. 380 -11 Authorizing REAP Grant Agreement with Iowa Department of Natural
Resources for land acquisition for E.B. Lyons Interpretive Center and Mines of Spain was
adopted.
RESOLUTION NO. 380-11
AUTHORIZING REAP GRANT AGREEMENT WITH IOWA DEPARTMENT OF NATURAL
RESOURCES FOR LAND ACQUISITION FOR E.B. LYONS INTERPRETIVE CENTER
AND MINES OF SPAIN
Whereas, the Iowa Department of Natural Resources has allocated $200,000 in FY 2012
REAP (Resource Enhancement and Protection) Program grant funds for land acquisition of
52.19 acres (Bottoms Property) adjacent to the E.B. Lyons Interpretive Center and Mines of
Spain; and
Whereas, the City of Dubuque has entered into a purchase agreement with the Iowa
Natural Heritage Foundation for acquisition of said 52.19 acres (Bottoms Property) adjacent
to the E.B. Lyons Interpretive Center and Mines of Spain.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is
hereby authorized to submit the REAP grant agreement with the Iowa Department of
Natural Resources for $200,000 in REAP grant funds for land acquisition of 52.19 acres
(Bottoms Property) adjacent to the E.B. Lyons Interpretive Center and Mines of Spain.
Section 2. The City Council hereby provides its written assurance that the completed
project will be adequately maintained for its intended use in accordance with state
requirements.
Passed, approved and adopted this 21st day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Smart Planning Consortium Update: City Manager transmitting an update on the October 5,
October 26, and November 9, 2011 Smart Planning Consortium Meetings. Minutes of the
October 5 and October 26, 2011 meetings, Housing Goals and Objectives, and Smart
Planning Public Input Meeting schedule are also provided. Upon motion the documents were
received and filed.
Demolition of Flood- Damaged Properties: City Manager recommending approval of a
contract with ECIA which utilizes FEMA Public Assistance funds for administration, fencing and
demolition costs associated with the flood damaged properties at 1580 Old Mill Road, 1658
Manson Road and 1654 Manson Road. Upon motion the documents were received, filed, and
approved.
Iowa League of Cities — Audit Committee: City Manager submitting correspondence that
Finance Director Ken TeKippe will be serving on the Iowa League of Cities' Audit Committee.
Upon motion the documents were received, filed, and approved.
2011 Sewer Cured -in -Place Pipe (CIPP) Lining Project: City Manager recommending
acceptance of the construction contract for the 2011 Sewer Cured -in -Place Pipe (CIPP) Lining
Project as completed by Visu- Sewer, Inc., in the final contract amount of $94,363.75. Upon
10
motion the documents were received and filed and Resolution No. 381 -11 Accepting the 2011
Sewer Cured -in -Place Pipe (CIPP) Lining Project and authorizing the payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 381 -11
ACCEPTING THE 2011 SEWER CURED -IN -PLACE PIPE (CIPP) LINING PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the 2011 Sewer Cured -In -Place Pipe (CIPP)
Lining 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; 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
Storm Sewer Repairs, Street Program Related Sanitary Sewer, and Sanitary Sewer Lining
Program appropriations for the contract amount of $94,363.75 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 21st day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2011 SEWER
CURED -IN -PLACE PIPE (CIPP) LINING PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the 2011 Sewer Cured -In -Place Pipe (CIPP) Lining 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 $95,963.75.
Dated this 15th day of November, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 15th day of November, 2011.
Kevin S. Firnstahl, City Clerk
Dubuque Audubon Society — Letter of Support: City Manager transmitting correspondence
from the Dubuque Audubon Society in support of the proposed Overlooks and Floating Island
enhancements for the Lower Bee Branch Creek Restoration Project. Upon motion the
documents were received and filed.
Cottingham & Butler, Inc., Amendments to CEBA and Enterprise Zone Agreements: City
Manager recommending amendments to the CEBA and Enterprise Zone Agreements for
Cottingham & Butler, Inc. Upon motion the documents were received and filed and Resolution
No. 382 -11 Authorizing the Approval of an amendment to the CEBA and Enterprise Zone
Agreements with Cottingham & Butler, Inc., was adopted.
11
RESOLUTION NO. 382 -11
AUTHORIZING THE APPROVAL OF AN AMENDMENT TO THE CEBA AND ENTERPRISE
ZONE AGREEMENTS WITH COTTINGHAM & BUTLER, INC.
Whereas, the Iowa Economic Development Authority's Community Economic Betterment
Account (CEBA) was designed to assist in the economic development efforts of local
jurisdictions; and
Whereas, The Iowa Economic Development Authority approved Agreement Number 07-
CEBA-13 with the City of Dubuque and Cottingham & Butler on May 7, 2007 for the
expenditure of Community Economic Betterment funds; and
Whereas, The Iowa Economic Development Authority approved Agreement Number 07 -EZ-
021 with the City of Dubuque and Cottingham & Butler for the project to receive Enterprise
Zone funds; and
Whereas, Cottingham & Butler desire to amend the agreements and have requested to
extend the job certification date to December 31, 2012.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the amendment to extend the job certification date to December 31, 2012
for the Community Economic Betterment Account program and Enterprise Zone program on
behalf of Cottingham & Butler, Inc. is hereby approved.
Section 3. That the Mayor is hereby authorized to execute the amendment and the City
Manager is hereby directed to submit said amendment to the Iowa Economic Development
Authority together with such documents as may be required.
Passed, approved, and adopted this 21st day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Mediacom Communications: Communication from Lee Grassley, Senior Manager of
Government Relations for Mediacom Communications Company, informing the City of rate
adjustments. Upon motion the documents were received and filed.
Creek Wood Park — Alliant Energy Grant Application: City Manager recommending approval
to apply for an Alliant Energy Foundation grant for development of Creek Wood Park. Upon
motion the documents were received, filed, and approved.
Bee Branch Creek Restoration Project — Acquisition of Lot 351: City Manager
recommending the acquisition of the W '/2 and E '/2 Lot 351 East Dubuque Addition (Junnie &
Rich's Coin Partnership) through the process of eminent domain at the appraised value of
$66,950 for the Bee Branch Creek Restoration Project. Upon motion the documents were
received and filed and Resolution No. 383 -11 Authorizing the acquisition by eminent domain of
certain real property owned by Junnie & Rich's Coin Partnership in the City of Dubuque, Iowa,
was adopted.
RESOLUTION NO. 383 -11
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL
PROPERTY OWNED BY JUNNIE & RICH'S COIN PARTNERSHIP IN THE CITY OF
DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire certain real property owned by
Junnie & Rich's Coin Partnership (Owner) legally described as follows (the Property):
12
W' /2 of Lot 351 and the E 1/2 of Lot 351 in East Dubuque Addition, all in the City of Dubuque,
Dubuque County, Iowa, as shown on Exhibit A attached hereto for the purpose of constructing,
operating, and maintaining the Bee Branch Creek, a stormwater management project; and
Whereas, City has made a good faith effort to negotiate with the Owner to purchase the
Property before proceeding with condemnation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Manager is hereby authorized to commence proceedings for the acquisition of the
Property by eminent domain.
Passed, approved and adopted this 21st day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Property Acquisition of Excess County Parcels: City Manager recommending acquisition of
five excess parcels that the Dubuque County Treasurer is disposing of. Upon motion the
documents were received, filed, and approved.
Abstract of Votes: Dubuque County Board of Supervisors submitting the Abstract of Votes
for the General Election held the 8th day of November, 2011. Upon motion the documents were
received and filed.
Signed Contracts: A) Contract with Mark Fondell Excavating, Inc., for demolition of 2263
and 2275 Elm Street; B) 2011 -2012 Americorps Grant Application; C) IBM FOAK Agreement
Change Request Form. Upon motion the documents were received and filed.
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.384 -11 Granting the issuance of a Class "C" Beer /Liquor License to Double Shot, Bridge
Restaurant; a Class "C" Liquor License to Cookin' Something Up; a Class "B" Wine License to
Sam's Club #4973, Iowa Street Market; a Class "WBN" Native Wine License to Kwik Stop
Food Market, Plaza 20 BP /Amoco, Freddie's Popcorn Co.; and Resolution No. 385 -11
Granting the issuance of a Class "C" Beer Permit to Iowa Street Market, Kwik Stop Food Mart,
Plaza 20 BP /Amoco, Sam's Club #4973 were adopted.
RESOLUTION NO. 384 -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.
Tim Specht
Raysan Corp.
CLASS "C" BEER /LIQUOR LICENSE
Double Shot +(Sunday Sale)
Bridge Restaurant +(Sunday Sale)
SPECIAL CLASS "C" LIQUOR LICENSE
13
2093 Washington
31 Locust St.
Cookin' Something Up
Sam's West, Inc.
Iowa Street Market, Inc.
Cookin' Something Up +(Sunday Sale) 1640 JFK Rd.
CLASS "B" WINE
Sam's Club #4973
Iowa Street Market
4400 Asbury Rd.
1250 Iowa St.
CLASS "WBN" NATIVE WINE LICENSE
Rainbo Oil Company Kwik Stop Food Mart 2320 Hwy 61
R Future, Inc. Plaza 20 BP /Amoco 2600 Dodge St.
Glen Stillmunkes Freddies Popcorn Co. 1066 Main St.
Passed, approved and adopted this 21st day of November, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 385 -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 "C" BEER PERMIT
Iowa Street Market, Inc. Iowa Street Market +(Sunday Sale)
Rainbo Oil Company Kwik Stop Food Mart +(Sunday Sale)
R Future, Inc. Plaza 20 BP /Amoco +(Sunday Sale)
Sam's West, Inc. Sam's Club # 4973 +(Sunday Sale)
Passed, approved and adopted this 21st day of November, 2011.
Attest: Kevin S. Firnstahl, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
1256 Iowa St.
2320 Hwy 61
2600 Dodge St.
4400 Asbury Rd.
Roy D. Buol, Mayor
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 Connors. Motion carried 7 -0.
General Obligation Bonds: City Manager recommending setting a public hearing for
December 5, 2011 on the proposition of selling not to exceed $9,000,000 in General Obligation
Bonds for essential corporate purposes. Upon motion the documents were received and filed
and Resolution No. 386 -11 Fixing date for a meeting on the proposition of the issuance of not
to exceed $9,000,000 General Obligation Bonds (for essential corporate purposes) of the City
of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on December 5, 2011 in the Historic Federal
Building.
14
RESOLUTION NO. 386 -11
RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE
ISSUANCE OF NOT TO EXCEED $9,000,000 GENERAL OBLIGATION BONDS (FOR
ESSENTIAL CORPORATE PURPOSES) OF THE CITY OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should
issue General Obligation Bonds, to the amount of not to exceed $9,000,000, as authorized by
Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of
carrying out essential corporate purpose projects as hereinafter described; and
WHEREAS, before the Bonds may be issued, it is necessary to comply with the provisions
of the Code, and to publish a notice of the proposal to issue such Bonds and of the time and
place of the meeting at which the Council proposes to take action for the issuance of the
Bonds and to receive oral and /or written objections from any resident or property owner of the
City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa, at 6:30 o'clock P.M., on the 5th day of December, 2011, for the purpose of
taking action on the matter of the issuance of not to exceed $9,000,000 General Obligation
Bonds, for essential corporate purposes of the City, the proceeds of which Bonds will be used
to provide funds to pay costs of the construction, reconstruction and repair of street, sidewalk
and streetscape improvements, including those costs associated with the East 7th and
Commercial Street reconstruction and related improvements, two -way street traffic
conversions, and Historic Millwork District "complete streets" improvements, and the refunding
and refinancing of the General Obligation Capital Loan Notes, Series 2010F, dated September
20, 2010.
Section 2. To the extent any of the projects or activities described in this resolution may be
reasonably construed to be included in more than one classification under Division III of the
City Code of Iowa, the Council hereby elects the "essential corporate purpose" classification
and procedure with respect to each such project or activity, pursuant to Section 384.28 of the
City Code of Iowa.
Section 3. That the Clerk is hereby directed to cause at least one publication to be made of
a notice of the meeting, in a legal newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in the City. The publication to be
not less than four clear days nor more than twenty days before the date of the public meeting
on the issuance of the Bonds.
Section 4. The notice of the proposed action to issue the Bonds shall be in substantially the
[provided] form:
Passed and approved this 21st day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
General Obligation Urban Renewal Bonds: City Manager recommending setting a public
hearing for December 5, 2011 on the proposition of selling not to exceed $5,000,000 in
General Obligation Urban Renewal Bonds for Greater Downtown Improvements. Upon motion
the documents were received and filed and Resolution No. 387 -11 Fixing date for a meeting on
the proposition of the issuance of not to exceed $5,000,000 General Obligation Bonds (for
urban renewal purposes) of the City of Dubuque, Iowa, and providing for the publication of
15
notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
December 5, 2011 in the Historic Federal Building.
RESOLUTION NO. 387 -11
RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE
ISSUANCE OF NOT TO EXCEED $5,000,000 GENERAL OBLIGATION BONDS (FOR
ESSENTIAL CORPORATE PURPOSES) OF THE CITY OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa, should
issue General Obligation Bonds, to the amount of not to exceed $5,000,000, as authorized by
Sections 384.24(3)(q) and 403.12, of the City Code of Iowa, for the purpose of providing funds
to pay costs of carrying out essential corporate purpose (urban renewal) projects as
hereinafter described; and
Whereas, before the Bonds may be issued, it is necessary to comply with the provisions of
the Code, and to publish a notice of the proposal to issue such Bonds and of the time and
place of the meeting at which the Council proposes to take action for the issuance of the
Bonds and to receive oral and /or written objections from any resident or property owner of the
City to such action, and to publish a notice of the proposal to issue such Bonds and the right to
petition for an election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa, at 6:30 o'clock P. M., on the 5th day of December, 2011, for the purpose of
taking action on the matter of the issuance of not to exceed $5,000,000 General Obligation
Bonds, for essential corporate purposes of the City, the proceeds of which Bonds will be used
to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban
renewal project activities under the authority of Chapter 403 of the Code of Iowa and the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District, including those costs associated with the construction of an intermodal transportation
center, and the acquisition of real property for public or private redevelopment.
Section 2. To the extent any of the projects or activities described in this resolution may be
reasonably construed to be included in more than one classification under Division III of the
City Code of Iowa, the Council hereby elects the "essential corporate purpose" classification
and procedure with respect to each such project or activity, pursuant to Section 384.28 of the
City Code of Iowa.
Section 3. That the Clerk is hereby directed to cause at least one publication to be made of
a notice of the meeting in a legal newspaper, printed wholly in the English language, published
at least once weekly, and having general circulation in the City. The publication to be not less
than ten clear days before the date of the public meeting on the issuance of the Bonds.
Section 4. The notice of the proposed action to issue the Bonds shall be in substantially the
[provided] form:
Passed and approved this 21st day of November, 2011.
Attest: Kevin S. Firnstahl, City Clerk
16
Roy D. Buol, Mayor
BOARDS /COMMISSIONS
Appointments to the following Boards /Commissions:
Environmental Stewardship Advisory Commission: One 3 -year term through October 1,
2014 (expired term of Cawley). Applicant: Wayne Klostermann, 2636 Queen Street; and Julie
Beck, 1390 Glen Oak (Additional Applicant). Upon roll call vote of 4 -3, Wayne Klostermann
was appointed to the Environmental Stewardship Advisory Commission for a 3 -year term
through October 1, 2014. Sutton, Braig and Resnick voting for Beck.
Human Rights Commission: One 3 -year term through January 1, 2014 (vacant term of
Gloss). Applicants: Nickie Blume, 2523 Washington Street; and Miguel Jackson, 631
University Avenue. Upon roll call vote of 5 -2, Miguel Jackson was appointed to the Human
Rights Commission for a 3 -year term through January 2014. Lynch and Resnick voting for
Blume.
Zoning Advisory Commission: One 3 -year term through July 1, 2013 (vacant term of Stiles).
Applicant: Eugene Bird, Jr., 3357 Arrowwood Lane. Motion by Braig to appoint Eugene Bird to
the Zoning Advisory Commission for a 3 -year term through July 2, 2013. Seconded by Jones.
Motion carried 7 -0.
PUBLIC HEARINGS
Request to Amend Planned Unit Development — Asbury Plaza: Zoning Advisory
Commission recommending approval to amend the Asbury Plaza Planned Unit Development
to allow for a right -in /right -out access to the Northwest Arterial and to amend the list of
permitted uses, height and sign regulations.
City Manager recommending additional amendments to the Asbury Plaza Planned Unit
Development.
Correspondence from O'Connor & Thomas on behalf of the developers requesting that the
request to amend the Planned Unit Development for Asbury Plaza be tabled to December 19,
2011.
Motion by Connors to receive and file the documents and table to December 19, 2011 a
proposed ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code by rescinding Ordinances 4 -96, 44 -99, 97 -02, 41 -03, 51 -05 and 65 -06,
which established regulations for Asbury Plaza, a planned unit development with a Planned
Commercial Designation, located at the northwest corner of Highway 32 and Asbury Road and
now being amended to allow vehicle sales and vehicle service or repair as permitted uses and
amend regulations for signage and building height. Seconded by Braig. Motion carried 7 -0.
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Rezone — 2155 Rockdale Road: Zoning Advisory Commission recommending
approval to rezone property located at 2155 Rockdale Road from R -3 Moderate Density Multi -
Family Residential District tO C -3 General Commercial District as requested by Joe Sack,
Triple J Land Co. LLC / Daryl Bircher, DSD Properties.
Citizen petition in opposition to the proposed rezoning.
Citizen petitions in support of the proposed rezoning.
Motion by Jones to receive and file the documents and table to December 5, 2011 a
proposed ordinance Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code by reclassifying hereinafter described property located at 2155 Rockdale
17
Road from R -3 Moderate Density Multi - Family Residential District to C -3 General Commercial
District. Seconded by Resnick. Business Owner /Developer Daryl Biecher, 7762 Wildnest Lane,
spoke in favor of the proposed ordinance and addressed issues raised by property owners.
Planning Services Manager Laura Carstens provided a staff report. Richard Cheney, 2270
Jaeger Drive, spoke in opposition to the proposed ordinance on behalf of area residents and
cited increased traffic, the impact of proposed residential development, commercial property,
the future Southwest Arterial, and detour issues. Table Mound Elementary School Principal
Brenda Mitchell spoke in opposition to the proposed ordinance and cited concerns related to
the school and the presence of children. Motion carried 7 -0.
Grand River Center — Exhibit Hall Carpet Replacement Project: Proof of publication on
notice of public hearing to consider approval of the plans and specifications for the Grand
River Center Exhibit Hall Carpet Replacement Project and the City Manager recommending
approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 388 -11
Approving the plans, specifications, form of contract, and estimated cost for the Grand River
Center Exhibit Hall Carpet Replacement Project. Seconded by Braig. Motion carried 7 -0.
RESOLUTION NO. 388 -11
APPROVING THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE GRAND RIVER CENTER EXHIBIT HALL CARPET REPLACEMENT
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Grand
River Center Exhibit Hall Carpet Replacement Project, in the estimated amount $ 156,000, are
hereby approved.
Passed, adopted and approved this 21st day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Old Main Urban Revitalization Area Plan: Proof of publication on notice of public hearing to
consider an amendment to the Old Main Urban Revitalization Area Plan and the City Manager
recommending approval.
Correspondence from the Long Range Planning Commission recommending approval of
the Old Main Urban Revitalization Area Plan and finding that it is consistent with the 2008
Dubuque Comprehensive Plan
Motion by Connors to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-
0.
Motion by Connors for final consideration and passage of Ordinance No. 50 -11 Amending
the existing Old Main Urban Revitalization Area Plan pursuant to Chapter 404 of the Code of
Iowa. Seconded by Jones. Motion carried 7 -0.
18
OFFICIAL PUBLICATION
ORDINANCE NO. 50 -11
AMENDING THE EXISTING OLD MAIN URBAN REVITALIZATION AREA PLAN
PURSUANT TO CHAPTER 404 OF THE CODE OF IOWA.
Whereas, the City Council of the City of Dubuque has previously established the Old Main
Urban Revitalization Area by Ordinance 87 -2002, and
Whereas, the City Council finds that the Old Main Urban Revitalization Area should be
revised to encourage residential uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Ordinance 87 -2002 establishing the Old Main Urban Revitalization Area
Plan is hereby amended.
Section 2. That the Old Main Urban Revitalization Area Plan November 2011 Amendment
amending Section 5.2 as hereto attached is hereby adopted and approved and the properties
within said described area shall be subject to the provisions of said Plan.
Section 3. That said Old Main Urban Revitalization Area Plan November 2011 Amendment
shall hereafter be on file in the City Clerk's Office, City Hall, Dubuque, Iowa.
Section 4. That the City Clerk is hereby authorized and directed to publish this Ordinance.
Passed, approved and adopted this 21st day of November 2011.
/s /Roy D Buol, Mayor
Attest /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper the 25th day of November, 2011.
/s /Kevin S. Firnstahl, City Clerk
University of Dubuque Geothermal Line — Bennett Street Easement: Proof of publication on
notice of public hearing to consider granting an easement under Bennett Street to
accommodate the geothermal system for the University of Dubuque Performing Arts Center
and the City Manager recommending approval. Motion by Jones to receive and file the
documents and adopt Resolution No. 389 -11 Granting easement for private utility to University
of Dubuque for an underlying portion of Bennett Street. Seconded by Braig. Motion carried 7 -0.
RESOLUTION NO. 389 -11
GRANTING EASEMENT FOR PRIVATE UTILITY TO UNIVERSITY OF DUBUQUE FOR AN
UNDERLYING PORTION OF BENNETT STREET
Whereas, University of Dubuque has requested a "Grant of Easement" for Private Utility for
an underlying portion of Bennett Street for the supply and return lines of a geo- thermal system;
and
Whereas, WHKS has prepared and submitted to the City Council an exhibit showing the
underlying portion of Bennett Street, running between Lot 2 -15 and Lot 1- 1 -2 -14 both in
O'Hare's Subdivision, for the proposed geo - thermal lines; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the portion of
underlying Bennett Street can be utilized for this geo - thermal line crossing of Bennett Street,
as shown on the Exhibit A, 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 "Grant of Easement" for Private Utility for geo - thermal lines to the
University of Dubuque be and the same is hereby approved.
Passed, approved and adopted this 21st day of November, 2011.
19
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Multicultural Family Center — 2010 -2011 Annual Report: Multicultural Family Center Director
Tara Velez and Board President Gil Spence, to present the Center's 2010 -2011 Annual
Report. Motion by Connors to receive and file the information. Seconded by Jones. Ms. Velez
introduced members of the Center's Board of Directors and provided a slide presentation on
the mission, history and programs of the Multicultural Family Center. Motion carried 7 -0.
Urban Mobility Coordinator: Motion by Jones to receive and file the information. Seconded
by Braig. Director of Transit Operations Barbara Morck introduced Urban Mobility Coordinator
Michelle Huseman. Ms. Huseman provided information on her professional background.
Motion carried 7 -0.
Neighborhood Watch Program — Safe Community Task Force Recommendation: City
Manager transmitting information regarding the Neighborhood Watch Program as
recommended by the Safe Community Task Force. Motion by Lynch to receive and file the
information and approve the recommendation. Seconded by Braig. Motion carried 7 -0.
City Hall HVAC Improvements Project: City Manager recommending award of the contract
to the low bidder, Tri -Con Construction, in the amount of $684,323, which includes the base
bid for $669,451 and Alternates 2 and 4. Motion by Braig to receive and file the information
and adopt Resolution No. 390 -11 Awarding the public improvement contract for the City Hall
HVAC System Improvements Project. Seconded by Jones. Motion carried 7 -0.
RESOLUTION NO. 390 -11
AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE CITY HALL HVAC
SYSTEM IMPROVEMENTS PROJECT
Whereas, sealed proposals have been submitted by contractors for the City Hall HVAC
System Improvements Project (the Project) pursuant to Resolution No. 339 -11 and Notice to
Bidders published in a newspaper published in the City of Dubuque, Iowa on the 7th day of
October, 2011; and
Whereas, said sealed proposals were opened and read on the 3rd day of November, 2011
and it has been determined that Tricon General Construction of Dubuque, IA, with a bid in the
amount of $684,323 is the lowest responsive, responsible bidder for the Project, including
Alternates 2 and 4.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Tricon General
Construction 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 21st day of November, 2011.
Attest: Kevin S. Firnstahl, City Clerk
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Roy D. Buol, Mayor
Request for Proposal - Automated Red Light and Speed Camera Enforcement Program:
City Manager recommending implementation of a Red Light and Speed Camera Enforcement
Program and the issuance of a Request for Proposals to select a vendor. Restated motion by
Jones to receive and file the documents, approve the issuance of the Request for Proposals
and schedule a work session on the topic for January 30, 2011. Seconded by Connors.
Extensive discussion by the City Council included concerns over the need for safety,
requesting more research and input from staff and citizens, the relationship to the Council's
goals and priorities, and the program process. Responding to questions from the City Council,
City Manager Van Milligen stated that the Council would have three to four additional
opportunities to review and vote on the recommendation. Motion carried 5 -2 with Braig and
Resnick voting nay.
Family Self- Sufficiency — Program Coordinator: City Manager recommending funding of
$26,853 be provided in the current fiscal year to continue the second Family Self- Sufficiency
Coordinator position. Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Resnick. Motion carried 7 -0.
Central Avenue — Two -Hour Parking: City Manager recommending approval of an ordinance
to remove the two -hour parking on the east side of Central Avenue from East 24th Street to a
point approximately 225 ft. south of East 24th Street. 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.
Motion by Jones for final consideration and passage of Ordinance No. 51 -11 Amending
section 9- 14- 321.602(C) of the Code of Ordinances of the City of Dubuque, Iowa, providing for
two -hour parking by deleting certain portions of Central Avenue. Seconded by Braig. Motion
carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 51 -11
AMENDING SECTION 9- 14- 321.602(c) OF THE CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, PROVIDING FOR TWO -HOUR PARKING BY DELETING CERTAIN
PORTIONS OF CENTRAL AVENUE
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by
deleting Central Avenue from Subsection (c) of Section 9 -14- 321.602 as follows:
"Section 9 -14- 321.602. Prohibited on designated streets or portions thereof."
(c) Time zones designated.
Two Hour Time Zones
Central Avenue, east side, from East 19th Street to East 24th Street.
Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by
adding Central Avenue to Subsection (c) of Section 9 -14- 321.602 the following:
"Section 9 -14- 321.602. Prohibited on designated streets or portions thereof."
(c) Time zones designated.
Two Hour Time Zones
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Central Avenue, east side, from East 19th Street to a point two hundred twenty -five feet (225')
south of East 24th Street
Passed, approved and adopted this 21st day of November, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper the 25th day of November, 2011.
/s /Kevin S. Firnstahl, City Clerk
Proposed Contract with Nancy Richardson: City Manager recommending the City enter into
an agreement with former Iowa Department of Transportation Director Nancy Richardson to
provide advocacy services related to federal transportation policy and funding. Motion by
Connors to receive and file the documents and approve the recommendation. Seconded by
Braig. Motion carried 7 -0.
Request for Work Session — Intermodal Center Design Concepts: City Manager requesting
scheduling a work session on the Intermodal Center design concepts as soon as a date is
available, but no later than December 10, 2011. Motion by Braig to receive and file the
documents and schedule a work session for December 5, 2011. Seconded by Connors. Motion
carried 7 -0.
COUNCIL MEMBER REPORTS
Council Member Sutton reported on the upcoming Festival of Trees on November 26.
Mayor Buol reported on his attendance at the recent National League of Cities Conference
in Phoenix, Arizona, and the amount of interest in Dubuque's sustainability efforts during the
sessions he facilitated.
There being no further business, upon motion the City Council adjourned at 8:44 p.m.
Kevin S. Firnstahl
City Clerk
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