12 5 11 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m. on December 5, 2011 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members, Braig, Connors, Jones, Resnick, Sutton, City
Manager Van Milligen;, City Attorney Lindahl
Absent: Council Member Lynch
Mayor Buol read the call and stated this is a special session of the City Council to
conduct a work session on the draft Intermodal Center design concepts.
WORK SESSION
Draft Intermodal Center Design Concepts
Assistant Economic Development Director Aaron DeJong provided background
information on the request for proposal process. DeJong reviewed several of the
campus components including the Jule terminal hub, passenger rail platform, and
parking facilities adding that the scope of the project is still evolving. Site issues include
the realignment of 9th and Elm Streets and the Hwy 52 official route.
Tim Schroder, Vice President of Neuman Monson Architects, provided a slide
presentation on the draft design concepts, general layout and components of the
project. Highlights included ideas for the passenger rail platform, overhead walkway
from the terminal hub to the parking facilities, exterior materials, landscaping, and
gateway signage. Specific design options will be forthcoming to the City Council
following the request for proposal process.
There being no further business, upon motion the City Council adjourned at 6:02 p.m.
/s /Kevin S. Firnstahl
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on December 5, 2011 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members, Braig, Connors, Jones, Resnick, Sutton, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Kevin Lynch
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 was provided by Cindy Pierce of Temple Beth El.
CONSENT ITEMS
Motion by Jones to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Braig. Will Johnson, 2920 Keyway Street,
requested ( #21) Citizen Petition - Red Light / Speed Enforcement Cameras be held for
separate discussion. Motion carried 6 -0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
10/25, City Council of 11/21, Civic Center Commission of 9/26, Community
Development Advisory Commission of 10/19, Transit Advisory Board of 11/17
Library Board of Trustees Update from Meeting of November 17, 2011
Proof of publication for City Council Proceedings of Meeting of November 7, 2011.
Upon motion the documents were received and filed.
Notice of Claims and Suits: Judge Real Estate for property damage, Marylin Kennedy
for property damage. Upon motion the documents were received, filed and referred to
the City Attorney.
Disposition of Claims and Suits: 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: Judge Real Estate, LLC for property damage, Marylin
Kennedy for property damage, Roger Ruh for vehicle damage. Upon motion the
documents were received, filed and concurred.
2011 CDBG Access Ramp Installation Project: City Manager recommending
acceptance of the construction contract for the 2011 CDBG Access Ramp Installation
Project, as completed by Skyline Trucking & Storage, Inc., in the final contract amount
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of $32,320. Upon motion the documents were received and filed and Resolution No.
391 -11 Accepting the 2011 CDBG Access Ramp Installation Project and authorizing the
payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 391 -11
ACCEPTING THE 2011 CDBG ACCESS RAMP INSTALLATION PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the 2011 CDBG Access Ramp
Installation Project (the Project) has been completed and the City Engineer has
examined the work and filed a certificate stating that the Project has been completed
according to the terms of the Public Improvement Contract and that the City Engineer
recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Wheel Chair Ramps appropriation for the contract amount of $32,320.00 less any
retained percentage provided for therein as provided in Iowa Code chapter 573, and to
pay such retainage only in accordance with the provisions of Iowa Code chapter 573.
Passed, approved and adopted this 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2011 CDBG
ACCESS RAMP INSTALLATION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 2011 CDBG Access Ramp Installation 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 $33,936.00.
Dated this 29th day of November, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 1st day of December, 2011.
Kevin S. Firnstahl, City Clerk
2011 Drain Tile Project: City Manager recommending acceptance of the 2011 Drain
Tile Project improvements and authorizing the payment of the contract amount of
$16,865.64 to Connolly Construction, Inc. Upon motion the documents were received
and filed and Resolution No. 392 -11 Accepting the 2011 Drain Tile Project and
authorizing the payment of the contract amount to the contractor was adopted.
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RESOLUTION NO. 392 -11
ACCEPTING THE 2011 DRAIN TILE PROJECT AND AUTHORIZING THE PAYMENT
OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the 2011 Drain Tile 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
Drain Tile Program appropriation for the contract amount of $16,865.64 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 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2011 DRAIN
TILE PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 2011 Drain Tile 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 $18,115.64.
Dated this 29th day of November, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 5th day of December, 2011.
Kevin S. Firnstahl, City Clerk
School Resource Officer (SRO) Agreement: City Manager recommending approval of
the Fiscal Year 2011/2012 School Resource Officer Agreement between the City of
Dubuque Police Department and the Dubuque Community School District. Upon motion
the documents were received, filed, and approved.
RISE Funding Agreement - East 7th Street Improvements: City Manager
recommending approval of a project agreement with the Iowa Department of
Transportation for RISE funding to reconstruct East 7th Street in downtown Dubuque.
Upon motion the documents were received and filed and Resolution No. 393 -11
Approving an agreement for R.I.S.E. funding with the Iowa Department of
Transportation relating to redevelopment of East 7th Street in downtown Dubuque was
adopted.
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RESOLUTION NO. 393 -12
APPROVING AN AGREEMENT FOR R.I.S.E. FUNDING WITH THE IOWA
DEPARTMENT OF TRANSPORTATION RELATING TO REDEVELOPMENT OF
EAST 7TH STREET IN DOWNTOWN DUBUQUE
Whereas, the City of Dubuque has developed preliminary plans for the reconstruction
of East 7th Street in downtown Dubuque; and
Whereas, the City has requested funding under the State of Iowa's R.I.S.E.
(Revitalize Iowa's Sound Economy) program; and
Whereas, the City's application was approved by order of the Transportation
Commission on November 8, 2011; and
Whereas, the Iowa Department of Transportation has prepared and submitted for
City Council approval an Agreement relating to the R.I.S.E. grant, a copy of which is
attached hereto and by this reference made a part hereof; and
Whereas, the City Council finds that the proposed agreement is acceptable and
necessary to the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.That the Iowa Department of Transportation Agreement for R.I.S.E.
Funding, Agreement No. RM -2100 (670)- 9D -31, is hereby approved.
Section 2. That the Mayor and City Clerk are hereby authorized and directed to
execute two copies of the Agreement on behalf of the City of Dubuque and forward the
executed copies to the Iowa Department of Transportation for their approval.
Passed, approved and adopted this 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Bee Branch Creek Restoration Project - Acquisition of 2420 Washington Street: City
Manager recommending approval to purchase property at 2420 Washington Street from
Don and Joyce Schoenberger for the appraised value of $69,000 as part of the
acquisition program associated with the Bee Branch Creek Restoration Project. Upon
motion the documents were received and filed and Resolution No. 394 -11 Approving
the acquisition of real estate owned by Don and Joyce Schoenberger in the City of
Dubuque was adopted.
RESOLUTION NO. 394 -11
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY DON AND JOYCE
SCHOENBERGER IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain properties located in the
area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as
recommended in the 2001 "Drainage Basin Master Plan;" and
Whereas, a purchase agreement has been finalized with the owner of the property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following
legally described property:
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The Southerly 1/2 of Lot 22 and the Northerly 6 feet of Lot 23 in O. S.
Langworthy's Subdivision in the City of Dubuque, Iowa, according to the recorded
plat thereof, County of Dubuque, State of Iowa, at the cost of Sixty Nine
Thousand and 00/100 Dollars ($69,000.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a
Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque,
Iowa for the herein described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of the Dubuque County Recorder, together
with certified copy of the Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Bee Branch Creek Restoration Project - Acquisition of 2239 Prince Street: City
Manager recommending approval to purchase property at 2239 Prince Street from Kim
Kluga for the appraised value of $64,000 as part of the acquisition program associated
with the Bee Branch Creek Restoration Project. Upon motion the documents were
received and filed and Resolution No. 395 -11 Approving the acquisition of real estate
owned by Kim Kluga in the City of Dubuque was adopted.
RESOLUTION NO. 395 -11
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY KIM KLUGA IN
THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain properties located in the
area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as
recommended in the 2001 "Drainage Basin Master Plan;" and
Whereas, a purchase agreement has been finalized with the owner of the property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following
legally described property:
Lot 1 of 49 in "Sanford Subdivision" in the City of Dubuque, Iowa, according to
the recorded plat thereof, County of Dubuque, State of Iowa, at the cost of Sixty
Four Thousand and 00/100 Dollars ($64,000.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a
Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque,
Iowa for the herein described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of the Dubuque County Recorder, together
with certified copy of the Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
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Passed, approved and adopted this 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Code of Ordinances - Supplement No 6.: City Clerk submitting Supplement No. 6 to
the City of Dubuque Code of Ordinances, which includes Ordinance Nos. 37 -11, 43 -11,
46 -11, and 47 -11. Upon motion the documents were received and filed and Resolution
No. 396 -11 Adopting Supplement No. 6 to the Code of Ordinances of the City of
Dubuque, Iowa, was adopted.
RESOLUTION NO. 396 -11
ADOPTING SUPPLEMENT NO. 6 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance
No. 43 -09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its
entirety; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by
resolution, become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 6 of the Code of Ordinances of the City of Dubuque,
Iowa, covering Ordinances 37 -11, 43 -11, 46 -11, and 47 -11 passed by City Council and
enacted through September 2011, prepared by the Sterling Codifiers, Inc., and filed in
the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and
becomes part of the Code of Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Green Industrial Supply, Inc. - Iowa Values Funds (IVF): City Manager
recommending authorizing a contract with the Iowa Economic Development Authority
(IEDA) for Iowa Values Funds (IVF) Financial Assistance benefits on behalf of Green
Industrial Supply, Inc. Upon motion the documents were received and filed and
Resolution No. 397 -11 Approving an Iowa Values Fund financial assistance contract by
and among the Iowa Department of Economic Development, the City of Dubuque and
Green Industrial Supply, Inc. was adopted.
RESOLUTION NO. 397 -11
APPROVING AN IOWA VALUES FUND FINANCIAL ASSISTANCE CONTRACT BY
AND AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE
CITY OF DUBUQUE AND GREEN INDUSTRIAL SUPPLY, INC.
Whereas, Green Industrial Supply, Inc. application was approved by the Iowa
Department of Economic Development on August 18, 2011; and
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Whereas, the Iowa Economic Development Authority has prepared and submitted for
City Council approval a contract relating to Iowa Values Fund Financial Assistance
benefits for Green Industrial Supply, Inc. a copy of which is attached hereto and by this
reference made a part hereof; and
Whereas, the City Council finds that the proposed contract is acceptable and
necessary to the growth and development of the city.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Economic Development Authority Iowa Values Fund
Financial Assistance contract, Number 12- IVF /TC -011, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Contract
on behalf of the City of Dubuque and forward the executed copy to the Iowa Economic
Development Authority for their approval.
Passed, approved, and adopted this 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Dubuque County Cooperative Winter Maintenance Agreement: City Manager
recommending approval of the new Cooperative Winter Maintenance Agreement
between the City and County of Dubuque. Upon motion the documents were received,
filed, and approved.
Friends of the Mines of Spain Recognition: City Manager transmitting
correspondence from the National Association for Interpretation informing the City that
the Friends of the Mines of Spain has received an award for Excellence in Interpretive
Support. Upon motion the documents were received and filed.
Healthy Homes & Childhood Lead Poisoning Prevention: City Manager
recommending approval of a contract with the Dubuque County Board of Health and the
Iowa Department of Public Health for continued funding of the Childhood Lead
Poisoning Prevention Program and a renewed agreement with the Visiting Nurse
Association for services related to the Childhood Lead Poisoning Prevention Program
and Healthy Homes Program. Upon motion the documents were received, filed, and
approved.
Office of Healthy Homes and Lead Hazard Control Assessment: Correspondence
from the U.S. Department of Housing and Urban Development's Office of Healthy
Homes and Lead Hazard Control informing the City's that it's Healthy Homes and Lead
Hazard Control program has received a Green designation and that its overall program
performance is outstanding. Upon motion the documents were received and filed.
2011 Weed /Junk/Garbage Enforcement Programs: City Manager recommending the
levy of special assessments for the second half of the 2011 Weed /Junk/Garbage
Enforcement Programs in the total amount of $867.50, which is being levied against
eight separate parcels of property. Upon motion the documents were received and filed
and Resolution No. 398 -11 Adopting the Schedule of Assessments for second half of
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2011 and directing the City Clerk to certify the Schedule of Assessments to the County
Treasurer and to publish notice thereof was adopted.
RESOLUTION NO. 398 -11
ADOPTING THE SCHEDULE OF ASSESSMENTS FOR SECOND HALF OF 2011
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
weed /grass cutting and junk/garbage removal tax assessments which Schedule of
Assessments was filed in the office of the City Clerk on the 2nd day of December, 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.
That the Acting 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 without interest 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 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
Schedule of Assessments for second half of 2011
(2011 Weed /Junk /Garbage Enforcement Programs)
Location, Owner, Parcel #, Amount, Category
Rhomberg, 1213, Kathy Fishnick, 1736 Heeb St # 1, Dubuque IA 52001,
1118310018, 110, weeds /garbage
Southern Ave, 523, Paul B Breitbach, 523 Southern Avenue Dubuque IA 52003,
1036252011, 185, weeds /garbage
Audubon, 1890, Anthony Trentz & Ti Krapfl, 890 Audubon, Dubuque IA 52001,
1023404007, 77.5, Weeds
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Elm St, 2169, Sara Hines, 2169 Elm Street, Dubuque IA 52001, 1 02421 001 7, 110,
Garbage
Lot north of 2877 N Grandview, North Grandview Estates, LLC, 139071 Whistlewind
Lane, Dubuque IA 52002, 1 01 41 55035, 95, Weeds
Kaufmann, 410, Sarah Bohlen & Kathryn Schrauth, 18307 St Hwy P, Canton MO
63435, 1024106001, 112.5, Weeds
Rhomberg, 1203, Rob Coker, 1203 Rhomberg Ave Dubuque IA 52001, 1118310023,
100, Weeds /garbage
N Booth, 543, Joshua & Lisa Stotts, 543 N Booth St., Dubuque IA 52001,
1026236016, 77.5, weeds
Mediacom Communications: Correspondence from Senior Manager of Government
Relations for Mediacom Communications Lee Grassley correcting the amount of rate
change stated in correspondence dated November 8, 2011. Upon motion the document
was received and filed.
PetData, Inc. - Contract Renewal: City Manager recommending approval of a
renewal agreement with PetData, Inc. for the pet licensing service that processes the
sale of all dog and cat licenses in the City of Dubuque. Upon motion the documents
were received, filed, and approved.
Proudly Accessible Dubuque - Quarterly Update: City Manager transmitting the
quarterly update from Proudly Accessible Dubuque. Upon motion the document was
received and filed.
Raymond Place / Maiden Lane Retaining Wall Repair: City Manager recommending
acceptance of the construction contract for the Raymond Place /Maiden Lane Retaining
Wall Repair Project, as completed by Top Grade Excavating, Inc., in the final contract
amount of $225,796.54, and adoption of the Final Schedule of Assessments. Upon
motion the documents were received and filed and Resolution No. 399 -11 Accepting the
Raymond Place /Maiden Lane retaining wall repair project and authorizing the payment
of the contract amount to the contractor; and Resolution No. 400 -11 Adopting the Final
Assessment Schedule for the Raymond Place / Maiden Lane Retaining Wall Repair
Project were adopted.
RESOLUTION NO. 399 -11
ACCEPTING THE RAYMOND PLACE /MAIDEN LANE RETAINING WALL REPAIR
PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO
THE CONTRACTOR
Whereas, the Public Improvement Contract for the Raymond Place /Maiden Lane
Retaining Wall Repair Project (the Project) has been completed and the City Engineer
has examined the work and filed a certificate stating that the Project has been
completed according to the terms of the Public Improvement Contract and that the City
Engineer recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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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
Cooper Wall, Stone Retaining Walls, Curb & Catch Basin Replacements and General
Sanitary Sewer Repairs appropriations for the contract amount of $225,796.54 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 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE RAYMOND
PLACE /MAIDEN LANE RETAINING WALL REPAIR PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Raymond Place /Maiden Lane Retaining Wall Repair 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 $243,964.12.
Dated this 29th day of November, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 1st day of December, 2011.
Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 400 -11
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE RAYMOND
PLACE /MAIDEN LANE RETAINING WALL REPAIR PROJECT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule of Assessments as shown on the
attached sheet(s), Page 1 to Page 1 inclusive; is hereby approved for the Raymond
Place /Maiden Lane Retaining Wall Repair Project.
There is hereby assessed and levied as a special tax against and upon each of
the benefited properties, the respective sums indicated. The amounts shown in said
Final Schedule of Assessments as deficiencies are found to be proper and levied
conditionally against the respective properties benefited by the improvements as shown
in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63.
Said assessments against said lots are hereby declared to be in proportion to the
special benefits conferred and not in excess of twenty -five percent of the value of same.
The City Clerk be and is hereby directed to certify the Final Schedule of
Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice
of said certification once each week for two consecutive weeks in the manner provided
in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days
from the date of filing of the Final Schedule of Assessments. On or before the date of
the second publication of the notice, the City Clerk shall also mail a copy of said notice
to property owners whose property is subject to assessment, as provided in Iowa Code
§ 384.60.
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The assessments may be paid in full or in part without interest at the office of the
City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days
after the date of the first notice of the Final Schedule of Assessments. Thereafter,
unpaid assessments of $100.00 or more are payable in 10 annual installments at the
County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue,
Dubuque, Iowa, and will draw annual interest at nine percent (9 %) computed to
December 1 next following the due dates of the respective installments as provided in
Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1
following its due date on July 1 of each year. However, when the last day of September
is a Saturday or Sunday, that amount shall be delinquent from the second business day
of October. Delinquent installments will draw the same delinquent interest as ordinary
taxes. Property owners may elect to pay any annual installments semi - annually in
advance.
Passed, approved and adopted this 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RAYMOND PLACE /MAIDEN LANE RETAINING WALL REPAIR FINAL SCHEDULE
OF VALUATION AND PROPOSED ASSESSMENTS, DATE: NOVEMBER 18, 2011
The following schedule is hereby determined to show each lot proposed to be
assessed for the improvement shown in the title together with the amount proposed to
be assessed against each lot and the valuations shown opposite each lot are hereby
fixed as the true valuations of such lots by the City Council of the City of Dubuque.
PROPERTY OWNER NAME, LOT DESCRIPTION, PARCEL NUMBER, VALUATION
WITH IMPROVEMENT, RETAINING WALL PRIVATE COST, RETAINING WALL
DEFICIENCY, TOTAL NET ASSESSMENT
Federal National Mortgage Association, LOTS 10 & 11 Cooper Heights, 10- 25 -213-
032, $173,136.76, $27,936.76, $0.00, $27,936.76
Citizen Petition - Red Light / Speed Enforcement Cameras: Will Johnson submitting a
citizen petition in opposition to the proposed red light / speed enforcement cameras.
Motion by a Braig to receive and file the documents. Seconded by Jones. Will Johnson,
2920 Keyway Street, provided informational handouts and spoke in opposition to the
proposed program on behalf of the petitioners. Motion carried 6 -0.
Dubuque Terminals - Amendment to Lease Agreement: City Manager recommending
approval of the First Amendment to the Lease Agreement between the City of Dubuque,
Iowa, and Dubuque Terminals, Inc. (The Ice Harbor Lease). Upon motion the
documents were received and filed and Resolution No. 401 -11 Approving a First
Amendment to the Lease Agreement between the City of Dubuque, Iowa, and Dubuque
Terminals, Inc., was adopted.
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RESOLUTION NO. 401-11
APPROVING A FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND DUBUQUE TERMINALS, INC.
Whereas, the City of Dubuque, Iowa (City) owns the real property shown on Exhibit A
in the City of Dubuque, Iowa; and
Whereas, City and Dubuque Terminals, Inc. have negotiated a 4 year Lease
Agreement for said real property, 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 Dubuque Terminals, Inc. have agreed to extend the term of the
lease by six months; and
Whereas, City and Dubuque Terminals, Inc. have agreed to amend Section 2.2 of the
Lease Agreement, to allow Dubuque Terminals, Inc. the right to use the shoreline along
Parcel B at any time for the purpose of docking, loading and unloading vessels or
barges; and
Whereas, City and Dubuque Terminals, Inc. have agreed to amend the rent
payments to the City for use of the Parcel B shoreline from a per day fee to twelve equal
monthly installments; 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 Dubuque Terminals, Inc. 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 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Crescent Community Health Center - Immediate Facility Improvement Grant: City
Manager submitting correspondence to the Health Resources and Services
Administration in support of Crescent Community Health Center's application for an
Immediate Facility Improvement grant. Upon motion the documents were received, filed,
and approved.
10th & Central Parking Ramp and Fire Headquarters Expansion Project: City
Manager recommending acceptance of the construction contract for the 10th & Central
Parking Ramp and Fire Headquarters Expansion Project, as completed by J.P. Cullen &
Sons, Inc., in the final contract amount of $7,906,417. Upon motion the documents were
received and filed and Resolution No. 402 -11 Accepting the 10th and Central Parking
Ramp and Fire Headquarters Expansion and authorizing the payment of the contract
amount to the contractor, J.P. Cullen & Sons, Inc., was adopted.
13
RESOLUTION NO. 402 -11
ACCEPTING THE 10th AND CENTRAL PARKING RAMP AND FIRE
HEADQUARTERS EXPANSION AND AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRACTOR, J.P. CULLEN & SONS, INC.
Whereas, the Public Improvement Contract for the 10th and Central Parking Ramp
and Fire Headquarters Expansion (the Project) has been completed and the City
Engineer has examined the work and filed a certificate stating that the Project has been
completed according to the terms of the Public Improvement Contract and that the City
Engineer recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Capital Improvement Package # 730 -2179 and Capital Improvement Package # 730-
2266 appropriation for the total contract amount of $7,906,417.00 less any retained
percentage provided for therein as provided in Iowa Code chapter 573, and to pay such
retainage only in accordance with the provisions of Iowa Code chapter 573.
Passed, approved and adopted this 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Dubuque Racing Association: City Manager recommending approval of the
refinancing of the existing Dubuque Racing Association debt at more favorable terms
with the same lenders, American Trust and Savings Bank and Dubuque Bank & Trust
as requested by Dubuque Racing Association President and CEO, Jesus Aviles. Upon
motion the documents were received, filed, and approved.
Brookings Institution Metropolitan Policy Program: City Manager transmitting
correspondence from the Brookings Institution, the Hitachi Corporation, and the
American Association for the Advancement of Science thanking Mayor Buol for
participating in the closing discussion of the Eco- Engineering: Building Sustainable
Cities forum on October 6, 2011. Upon motion the document was received and filed.
City of Dubuque State Legislative Issues for the 2012 Session: City Manager
recommending approval of the City of Dubuque's State of Iowa Legislative Priorities to
be adopted by the City Council and presented to legislators at the annual Legislative
Dinner on December 7, at 5:30 p.m. at the Grand River Center. Upon motion the
documents were received, filed, and approved.
Platinum Holdings, LLC- Debt Refinancing: City Manager recommending approval of
a request from Platinum Holdings, LLC (The Grand Harbor) to refinance their debt.
Upon motion the documents were received and filed and Resolution No. 403 -11
Approving Consent and Subordination to Third Mortgage Agreement for Platinum
Holdings, LLC in favor of American Trust & Savings Bank and approving an amendment
to First Mortgage Agreement with American Trust & Savings Bank; Resolution No. 404-
14
11 Approving Consent and Subordination to Second Mortgage Agreement for Platinum
Holdings, LLC in Favor or E.C.I.A Business Growth, Inc.; and Resolution No. 405 -11
Approving an Assignment of Amended Development Agreement, Assignment of Lease,
and Assignment of Parking Use Agreement to ECIA Business Growth, Inc., were
adopted.
RESOLUTION NO. 403 -11
APPROVING CONSENT AND SUBORDINATION TO THIRD MORTGAGE
AGREEMENT FOR PLATINUM HOLDINGS, LLC IN FAVOR OF AMERICAN TRUST
& SAVINGS BANK AND APPROVING AN AMENDMENT TO FIRST MORTGAGE
AGREEMENT WITH AMERICAN TRUST & SAVINGS BANK
Whereas, Platinum Holdings, LLC has requested that the City approve a Consent
and Subordination to Mortgage for a third mortgage on property owned by the City in
favor of American Trust & Savings Bank; and
Whereas, Platinum Holdings, LLC has requested the City approve the First
Amendment to Mortgage and Security Agreement with American Trust & Savings Bank.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The Consent and Subordination to Mortgage and First Amendment to
Mortgage and Security Agreement are hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the documents on
behalf of the City.
Passed, approved and adopted this 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 404 -11
APPROVING CONSENT AND SUBORDINATION TO SECOND MORTGAGE
AGREEMENT FOR PLATINUM HOLDINGS, LLC IN FAVOR OR E.C.I.A. BUSINESS
GROWTH, INC.
Whereas, the City of Dubuque ( "City ") has entered into an Amended Development
Agreement, Lease Agreement and Parking Use Agreement with Platinum Holding, LLC
( "Platinum ") for the development of certain property owned by the City (the "Property ")
for a hotel and water park; and
Whereas, Platinum has requested that the City consent to a second mortgage of the
Property in favor of E.C.I.A. Business Growth, Inc. ( "Lender "), and that City subordinate
its interests in the Property to the second mortgage, a copy of which Consent and
Subordination to Mortgage is attached hereto; and
Whereas, The City Council finds that it is in the best interest of the City to approve
Platinum's request.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Consent and Subordination to Mortgage is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the documents on
behalf of the City.
Roy D. Buol, Mayor
15
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 405 -11
APPROVING AN ASSIGNMENT OF AMENDED DEVELOPMENT AGREEMENT,
ASSIGNMENT OF LEASE, AND ASSIGNMENT OF PARKING USE AGREEMENT TO
ECIA BUSINESS GROWTH, INC.
Whereas, the City of Dubuque has entered into an Amended Development
Agreement, Lease Agreement, and Parking Use Agreement with Platinum Holdings,
LLC for the development of certain property owned by the City for a hotel and
waterpark; and
Whereas, Platinum Holdings, LLC has requested that City consent to the Assignment
of the Lease, Assignment of Amended Development Agreement, and Assignment of the
Parking Use Agreement to ECIA Business Growth, Inc. as security for a second
mortgage of the property; and
Whereas, the City Council finds that it is in the best interest of the City to approve the
request.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The Assignment of the Lease, Assignment of the Amended Development
Agreement, and Assignment of the Parking Use Agreement are hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the documents
on behalf of the City.
Passed, approved and adopted this 5th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Brownfields Grant Application: City Manager recommending submittal of an
application to the U.S. Environmental Protection Agency for $400,000 in financial
assistance in doing Brownfield Assessment in the City of Dubuque. Upon motion the
documents were received, filed, and approved.
Watershed Management Authority - Phase I Grant: City Manager recommending
approval of the acceptance of a $24,500 Community Development Block Grant (CDBG)
for the purpose of creating a Watershed Management Authority Board for the Catfish
Creek Watershed. Upon motion the documents were received and filed and Resolution
No. 406 -11 Authorizing acceptance of a Community Development Block Grant award in
the amount of $24,500 for the creation of a Watershed Management Authority Board for
the Catfish Creek Watershed was adopted.
RESOLUTION NO. 406 -11
AUTHORIZING ACCEPTANCE OF A COMMUNITY DEVELOPMENT BLOCK GRANT
AWARD IN THE AMOUNT OF $24,500 FOR THE CREATION OF A WATERSHED
MANAGEMENT AUTHORITY BOARD FOR THE CATFISH CREEK WATERSHED
Whereas, the City of Dubuque's MS4 permit requires the preparation and
implementation of a watershed management plan for the Catfish Creek Watershed; and
16
Whereas, the Catfish Creek Watershed Basin extends beyond the City limits and the
health of the watershed is impacted by what occurs both inside and outside the City
limits; and
Whereas, a Watershed Management Authority Board (WMAB) would help to meet
the above requirements; and
Whereas, a (WMAB) will allow the City to compete for a future grant to create a
watershed management plan; and
Whereas, the City of Dubuque submitted an application (the "Application ") to the Iowa
Economic Development Authority (IEDA) through the Iowa Department of Natural
Resources (IDNR) requesting assistance in financing for the creation of a WMAB; and
Whereas, the IDNR reviewed the Application and the IEDA made a determination to
award the City of Dubuque a grant.
Whereas, it is in the best interest of the City of Dubuque to accept the grant award.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Manager is hereby recognized as the City's authorized representative and
thereby authorized to accept the award on behalf of the City as required for the City's
receipt of $24,500 for the purpose of creating a WMAB for the Catfish Creek
Watershed.
Passed, approved and adopted this 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10th and Central Avenue Parking Facility - Adoption of Mortgage: City Manager
recommending approval of a resolution adopting the First Priority Mortgage required by
the U.S. Department of Commerce, Department of Economic Development
Administration relative to their grant award of $1.5 million towards the construction of
the Central Avenue Parking Ramp. Upon motion the documents were received and filed
and Resolution No. 407 -11 Authorizing the City Manager to sign an Agreement and
Mortgage in favor of the U.S. Department of Commerce, Economic Development
Administration related to EDA Award # 05 -01 -04941 for the construction of the 10th and
Central Parking Facility was adopted.
RESOLUTION NO. 407 -11
AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT AND MORTGAGE
IN FAVOR OF THE U.S. DEPARTMENT OF COMMERCE, ECONOMIC
DEVELOPMENT ADMINISTRATION RELATED TO EDA AWARD # 05 -01 -04941 FOR
THE CONSTRUCTION OF THE 10TH AND CENTRAL PARKING FACILITY
Whereas, the U.S. Department Of Commerce, Economic Development
Administration (EDA) has awarded a Financial Assistance Award (the Award) to the City
of Dubuque, Iowa in the amount of $1,500,000.00 for the construction of the 10th &
Central Parking Facility, located at 975 Central Avenue, Dubuque, Iowa, and legally
described as follows:
Lot 1 of City Lot 204; Lot 1 of City Lot 205; Lot 1 of City Lot 206; Lot 1 of City Lot
207; Lot 1 of City Lot 208; the North '/2 of City Lot 261 and Lot 263, in the City of
17
Dubuque, Iowa, according to the United States Commissioners Survey of the City of
Dubuque, Iowa; and
Whereas, EDA requires as a condition of the Award that the City execute an
Agreement and Mortgage in the form attached hereto, granting a twenty -year mortgage
in favor of EDA on the 10th & Central Parking Facility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby authorizes and directs the City Manager to
execute and record the attached Agreement and Mortgage.
Passed, approved and adopted this 5th day of December, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Signed Contracts: A) Giese Roofing Short Form Contract for the Fire Station No. 5
Roof Replacement; B) Strand Associates, Inc., Amendment No.5 for the Water Pollution
Control Plant Modifications Project. Upon motion the documents were received and
filed.
Liquor License Renewals: City Manager recommending approval of annual liquor
license renewals as submitted. Upon motion the documents were received and filed and
Resolution No. 408 -11 Granting the issuance of a Class "LB" (Hotel /Motel) Liquor
License to Holiday Inn Dubuque Five Flags; a Class "C" Beer /Liquor License to Pepper
Sprout, Inc.; a Class "B" Wine to Hy -Vee # 2; and a Class "WBN" Native Wine to the
Engraved Gift Collection and the Dubuque Area Chamber of Commerce; and
Resolution No. 409 -11 Granting the issuance of a Class "C" Beer Permit to Hy -Vee # 2
were adopted.
RESOLUTION NO. 408 -11
Whereas, applications for Liquor Licenses have been submitted to this Council for
approval and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the State Laws and all City Ordinances relevant thereto and they have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named
applicants a Liquor License.
CLASS "LB" (HOTEL /MOTEL) LIQUOR LICENSE
Kinseth Hotel Corp. Holiday Inn DBQ Five Flags +(Sunday Sale) 450 Main St
CLASS "C" BEER /LIQUOR LICENSE
Pepper Sprout, Inc. Pepper Sprout, Inc. 378 Main St.
CLASS "B" WINE
Hy -Vee, Inc. Hy -Vee # 2 2395 NW Arterial
18
Woodline, Inc.
DBQ Area Chamber of
Commerce
CLASS "WBN" NATIVE WINE
Engraved Gift Collection
DBQ Area Chamber of Commerce
Passed, approved and adopted this 5th day of December, 2011
Attest: Kevin S. Firnstahl, City Clerk
962 Main St.
300 Main St.
Roy D. Buol, Mayor
RESOLUTION NO. 409 -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
Hy -Vee, Inc Hy -Vee # 2 +(Sunday Sale) 2395 NW Arterial
Passed, approved and adopted this 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Resnick. Motion carried 6 -0.
Bonson Block, LLC - Development Agreement: City Manager recommending setting
a public hearing for December 19, 2011 to consider a proposed development
agreement with Bonson Block, LLC for property at 356 Main Street. Upon motion the
documents were received and filed and Resolution No. 410 -11 Fixing the date for a
public hearing of the City Council of the City of Dubuque, Iowa on the proposed
issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a
development agreement relating thereto with Bonson Block L.L.C., and providing for the
publication of notice thereof setting a public hearing for a meeting to commence at 6:30
p.m. on December 19, 2011 in the Historic Federal Building.
RESOLUTION NO. 410 -11
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX
INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A
DEVELOPMENT AGREEMENT RELATING THERETO WITH BONSON BLOCK
L.L.C., AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
19
Whereas, City and Bonson Block LLC have entered into a Development Agreement,
subject to the approval of the City Council, a copy of which is now on file at the Office of
the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and
Whereas, the City Council has tentatively determined that it would be in the best
interests of the City to approve the Development Agreement, with Bonson Block LLC;
and
Whereas, it is deemed necessary and advisable that City should authorize Urban
Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code
of Iowa, and to enter into the Development Agreement relating thereto for the purpose
of carrying out an Urban Renewal Plan as hereinafter described; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which
meeting the City Council shall receive oral and /or written objections from any resident or
property owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 403.9 of a public
hearing on the City's intent authorize Urban Renewal Tax Increment Revenue
obligations, to be held on the 19th day of December, 2011, at 6:30 o'clock p.m. in the
City Council Chambers at the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at said time and place for the purpose of taking
action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations
and the execution of the Development Agreement relating thereto with Plastic Center,
Inc., the proceeds of which obligations will be used to carry out certain of the special
financing activities described in the Urban Renewal Plan for the Greater Downtown
Urban Renewal District, consisting of the funding of economic developments grants to
Plastic Center, Inc. pursuant to the Development Agreement under the terms and
conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the
Tax Increment Revenue obligations is approximately $384,000.
Section 3. The Clerk is hereby directed to cause at least one publication to be made
of a notice of said meeting, in a newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said
publication to be not less than four days nor more than twenty days before the date of
said meeting on the issuance of said obligations.
Section 4. That the notice of the proposed action to issue said obligations shall be in
substantially the form attached hereto.
Passed, approved and adopted this 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Scale House Building Project: City Manager recommending initiation of the bidding
process for the Purina Drive Weigh Scale House Project, and further recommends that
a public hearing be set for January 3, 2012. Upon motion the documents were received
and filed and Resolution No. 411 -11 Preliminary approval of plans, specifications, form
of contract, and estimated cost; setting date of public hearing on plans, specifications,
20
form of contract, and estimated cost; and ordering the advertisement for bids (Purina
Drive Weigh Scale House Building Project) setting a public hearing for a meeting to
commence at 6:30 p.m. on January 3, 2012 in the Historic Federal Building.
RESOLUTION NO. 411 -11
PURINA DRIVE WEIGH SCALE HOUSE BUILDING PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND
ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the
Purina Drive Weigh Scale House Building Project, in the estimated amount of
$149,713.00, are hereby preliminarily approved and ordered filed in the office of the City
Clerk for public inspection.
A public hearing will be held on the 3rd day of January, 2012, at 6:30 p.m. in the
Historic Federal Building Council Chambers at which time interested persons may
appear and be heard for or against the proposed plans and specifications, form of
contract and estimated cost of said Project, and the City Clerk be and is hereby directed
to cause the attached notice of the time and place of such hearing to be published in a
newspaper having general circulation in the City of Dubuque, Iowa, which notice shall
be published not less than four days nor more than twenty days prior to the date of such
hearing. At the hearing, any interested person may appear and file objections to the
proposed plans, specifications, form of contract, or estimated cost of the Project.
The Purina Drive Weigh Scale House Building Project is hereby ordered to be
advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be
published in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty -five days before the
date for filing bids before 10:00 a.m. on the 6th day of January, 2012. Bids shall be
opened and read by the City Clerk at said time and will be submitted to the City Council
for final action, at 6:30 p.m., in the Historic Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa, on the 17th day of January, 2012.
Passed, approved and adopted this 5th day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21
BOARDS /COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards /Commissions; applicant appointments will be made at the next City
Council meeting.
Human Rights Commission: Two 3 -year terms through January 1, 2015 (Expiring
terms of Allen and Stewart). Applicants: Anthony Allen, 1725 % Delhi Street; and R.R.S.
Stewart, 460 Summit Street. Mr. Allen and Ms. Stewart spoke in support of their
respective appointments.
Mediacom Charitable Foundation: Two 1 -year terms through December 31, 2012
(Expiring terms of Chavenelle and Twining). Applicants: Gail Chavenelle, 1155 Kelly
Lane; and Connie Twinning, 421 N. Booth Street. Ms. Twinning spoke in support of her
appointment.
PUBLIC HEARINGS
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 Zwack, Triple J Land Co. LLC / Daryl Biechler, DSD Properties.
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.
Assistant Planning Services Manager Kyle Kritz provided a staff report. Developer Daryl
Biechler, 7762 Wildnest Lane and owner of Rock Solid Masonry, spoke in support of the
proposed ordinance stating that conditions had been resolved and thanked the Council
and staff for their guidance. Richard Cheney, 2270 Jaeger Drive, stated that the issues
had been resolved to the approval of the neighbors. Motion carried 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 52 -11
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code by reclassifying hereinafter described property located at 2155 Rockdale Road
from R -3 Moderate Density Multi - Family Residential District to C -3 General Commercial
District with conditions. Seconded by Resnick. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 52 -11
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED AT 2155 ROCKDALE ROAD FROM R -3 MODERATE DENSITY MULTI-
FAMILY RESIDENTIAL DISTRICT TO C -3 GENERAL COMMERCIAL DISTRICT WITH
CONDITIONS
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
22
from R -3 Moderate Density Multi - Family Residential District to C -3 General Commercial
District, with conditions to wit:
Lot 1 Nick Weber Place, 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 publication, as provided by law.
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 9th day of December, 2011.
/s /Kevin S. Firnstahl, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2011), and as an express condition of
rezoning of the property located at 2155 Rockdale Road and legally described as:
Lot 1 Nick Weber Place, and to the center line of the
adjoining public right -of -way, all in the City of Dubuque,
Iowa.
which is the subject of Ordinance No. 52 -11, a copy of which is attached hereto and
incorporated herein by reference, the undersigned property owner(s) agree(s) to the
following conditions, all of which the property owner(s) further agree(s) are reasonable
and are imposed to satisfy public needs which are caused directly by the rezoning:
A) Performance Standards
1) The principal permitted use for the subject property shall be restricted to:
Contractor shop or yard.
2) Any other use proposed for the subject property shall first require
modification of this Agreement in accordance with Section C below.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the C -3 District (which rezoning will include
the removal of the performance standards in Section A above) if the property
owner fails to complete any of the conditions or provisions of this Agreement.
C) Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Title 16, Unified
Development Code, governing zoning reclassifications. All such modifications
must be approved by the City Council of Dubuque, Iowa.
D) Recording. A copy of this Agreement shall be recorded with the Dubuque
County Recorder as a permanent record of the conditions accepted as part of
this rezoning approval within ten (10) days of the adoption of Ordinance No. 52-
11.
E) Construction. This Agreement shall be construed and interpreted as though it
were part of Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code.
F) This Agreement shall be binding upon the undersigned and his /her heirs,
successors and assignees.
23
General Obligation Urban Renewal Bonds: Proof of publication on notice of public
hearing to consider the issuance of not to exceed $5,000,000 in General Obligation
Urban Renewal Bonds for Greater Downtown Improvements and the City Manager
recommending approval. Motion by Braig to receive and file the documents and a adopt
Resolution No. 412 -11 Instituting proceedings to take additional action for the issuance
of not to exceed $5,000,000 General Obligation Bonds. Seconded by Connors. Motion
carried 6 -0.
RESOLUTION NO. 412 -11
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE ISSUANCE OF NOT TO EXCEED $5,000,000 GENERAL OBLIGATION BONDS
Whereas, pursuant to notice published as required by law, this Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance
of not to exceed $5,000,000 General Obligation Bonds, for the essential corporate
purposes of paying 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 has considered the extent of objections received from
residents or property owners as to the proposed issuance of Bonds, and no petition was
filed calling for a referendum thereon; and, accordingly the following action is now
considered to be in the best interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the sale and issuance in the manner required by law of not to exceed
$5,000,000 General Obligation Bonds for the foregoing essential corporate purposes.
Passed And Approved this 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
General Obligation Bonds: Proof of publication on notice of public hearing to consider
the issuance of not to exceed $9,000,000 in General Obligation Bonds for Essential
Corporate Purposes and the City Manager recommending approval. Motion by Braig to
receive and file the documents and adopt Resolution No. 413 -11 Instituting proceedings
to take additional action for the issuance of not to exceed $9,000,000 General
Obligation Bonds. Seconded by Connors. Motion carried 6 -0.
RESOLUTION NO. 413 -11
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE ISSUANCE OF NOT TO EXCEED $9,000,000 GENERAL OBLIGATION BONDS
Whereas, pursuant to notice published as required by law, this Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance
of not to exceed $9,000,000 General Obligation Bonds, for the essential corporate
purposes of paying costs of the construction, reconstruction and repair of street,
sidewalk and streetscape improvements, including those costs associated with the East
24
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, and has considered the extent of objections
received from residents or property owners as to the proposed issuance of Bonds; and,
accordingly the following action is now considered to be in the best interests of the City
and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the sale and issuance in the manner required by law of not to exceed
$9,000,000 General Obligation Bonds, for foregoing essential corporate purposes.
Passed and approved this 5th day of December, 2011.
Roy D. Buol, Mayor
Attest, Kevin S. Firnstahl, City Clerk
Lower Bee Branch Creek Overlook Project: Proof of publication on notice of public
hearing to consider approval of the plans, specifications, form of contract and the
estimated cost of $1,170,411 for the Lower Bee Branch Creek Overlook Project and the
City Manager recommending approval. Motion by Connors to receive and file the
documents and adopt Resolution No. 414 -11 Approval of plans, specifications, form of
contract, and estimated cost for the Lower Bee Branch Creek Overlook Project.
Seconded by Jones. Motion carried 6 -0.
RESOLUTION NO. 414 -11
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE LOWER BEE BRANCH CREEK OVERLOOK
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
Lower Bee Branch Creek Overlook Project, in the estimated amount of $1,170,411.00,
are hereby approved.
Passed, adopted and approved this 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Lower Bee Branch Floating Island Project: Proof of publication on notice of public
hearing to consider approval of the plans, specifications, form of contract and the
estimated cost of $198,495 for the Lower Bee Branch Creek Floating Island Project and
the City Manager recommending approval. Motion by Braig to receive and file the
documents and adopt Resolution No. 415 -11 Approval of plans, specifications, form of
contract, and estimated cost for the Lower Bee Branch Creek Floating Island Project.
Seconded by Jones. Responding to questions from the City Council, Civil Engineer
Deron Muehring stated that the cost of the project is based on that of the materials
25
used. The vendor assembles the project and it is anchored in the water. There are
about 3,000 island project currently in the country. Motion carried 6 -0.
RESOLUTION NO. 415 -11
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE LOWER BEE BRANCH CREEK FLOATING ISLAND
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
Lower Bee Branch Creek Floating Island Project, in the estimated amount of
$198,495.00, are hereby approved.
Passed, adopted and approved this 5th day of December, 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
Project Concern Assistance and Expense Reports: Project Concern Executive
Director Nancy Lewis to provided a verbal report on the assistance and expenses of the
July 2011 storm event. Motion by Jones to receive and file the documents and listen to
the report. Seconded by Braig. Ms. Lewis reviewed the history of how Project Concern
became a call center for the July 2011 storm event, shared cost figures, and described
successes and weaknesses in the process. Motion carried 6 -0.
Grand River Center Exhibit Hall Carpet Replacement Project: City Manager
recommending award of the Grand River Center Exhibit Hall Carpet Replacement
Project contract to the low bidder, Floor Show Companies, in the amount of $89,358.
Motion by Connors to receive and file the documents and adopt Resolution No. 416 -11
Awarding Contract (Grand River Center Exhibit Hall Carpet Replacement Project).
Seconded by Jones. Responding to questions from the City Council, Leisure Services
Manager Marie Ware stated that recycling the old carpet was a component of the bid.
Motion carried 6 -0.
RESOLUTION NO. 416 -11
AWARDING CONTRACT
Whereas, sealed proposals have been submitted by contractors for the Grand
River Center Exhibit Hall Carpet Replacement Project pursuant to Resolution No. 368-
11, and notice to bidders published in a newspaper published in the City of Dubuque,
Iowa, on the 11th day of November, 2011; and
Whereas, said sealed proposals were opened and read on the 23rd day of
November, 2011, and it has been determined that the bid of Floor Show Companies in
the amount of $89,358.00 was the lowest bid for the furnishings of all labor and
materials and performing the work as provided for in the plans and specifications.
26
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the contract for the above improvement be awarded to Floor Show
Companies, and the Manager be and is hereby directed to execute a contract on behalf
of the City of Dubuque for the complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the approval of the contractor's bond,
the City Treasurer is authorized and instructed to return the bid deposits of the
unsuccessful bidders.
Passed, approved and adopted this 5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2011 Hazard Mitigation Grant Program Buy -Out: City Manager recommending
approval to submit the City of Dubuque's 2011 Hazard Mitigation Grant Program
(HMGP) Buyout Application in the amount of $673,718 for four flood damages
properties in the Manson Road /Old Mill Road area. Motion by Jones to receive and file
the documents and adopt Resolution No. 417 -11 Authorizing HMPG grant application
for acquisition of flood- damaged properties. Seconded by Braig. Motion carried 6 -0.
RESOLUTION NO. 417 -11
AUTHORIZING HMGP GRANT APPLICATION FOR ACQUISITION OF FLOOD
DAMGED PROPERTIES
Whereas, the Iowa Department of Homeland Security & Emergency Management
has Hazard Mitigation Grant Program (HMGP) funds for buyout of flood damaged
properties; and
Whereas, the City of Dubuque has identified the acquisition of four flood damaged
properties in the Manson Road /Old Mill Road area that qualify for the HMGP buyout
funds.
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 submit the HMGP buyout
application for the acquisition of four flood damaged properties in the Manson Road /Old
Mill Road area.
Section 2. The City Council hereby provides its written assurance that the required
local match for the HMGP buyout application will be provided and made available.
Passed, approved and adopted this day of 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
A.Y. McDonald - Financial Assistance Application: City Manager recommending
authorization to submit an application for financial assistance to the Iowa Economic
Development Authority on behalf of A.Y. McDonald for a major expenditure at the
Dubuque facility. Motion by Jones to receive and file the documents and adopt
Resolution No. 418 -11 Authorizing the filing of an application for state financial
assistance on behalf of A.Y. McDonald Mfg. Co. Seconded by Braig. Motion carried 6 -0.
27
RESOLUTION NO. 418 -11
AUTHORIZING THE FILING OF AN APPLICATION FOR STATE FINANCIAL
ASSISTANCE ON BEHALF OF A.Y. MCDONALD MFG. CO.
Whereas, A.Y. McDonald Mfg. Co. has proposed the expansion of its operations in
Dubuque, Iowa; and
Whereas, the City Council of Dubuque, Iowa has considered said proposal and has
determined that the proposed project will contribute to the local economy through the
creation of 25 new jobs; and
Whereas, the Iowa Economic Development Authority's 130% Component Financial
and High Quality Jobs Program (HQJP) Assistance Program was designed to assist in
the economic development efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the 130%
Component program and HQJP Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an application for participation in the 130% Component
Financial Assistance Program on behalf of A.Y. McDonald Mfg. Co. is hereby approved.
Section 2. That the local match identified in the application estimated at $30,600
consisting of a 5 year reducing industrial tax abatement as provided by City Ordinance
Section 43 -21 to the company is hereby approved, subject to the 130% Component
and HQJP application approval.
Section 3. That the Mayor is hereby authorized to execute and the City Manager is
hereby directed to submit said application to the Iowa Economic Development Authority
together with such documents as may be required.
Passed, approved, and adopted this 5th day of December, 2011.
Roy D. Buol, Mayor
Attest :Kevin S. Firnstahl, City Clerk
Arts and Cultural Affairs Coordinator Position: City Manager recommending approval
to increase the Arts and Cultural Affairs Coordinator from a part -time 10 hours per week
(.25 FTE) position to a part -time 20 hours per week (.5 FTE position). Motion by
Connors to receive and file the documents and approve the recommendation.
Seconded by Resnick. Arts and Cultural Affairs Coordinator Jan Stoffel described her
duties and the expansion of the arts programs in Dubuque. Motion carried 6 -0.
Purchase of Services - Survey of Iowa Cities: City Manager submitting research how
contracts for purchase of services are handled by other cities in Iowa. Restated motion
by Connors to receive and file the documents, that the Purchase of Services budget
process remains as it is or the next fiscal year, and immediately direct the Community
Development Advisory Commission to develop a purchase of services funding review
process for City Council approval by May 2012.Seconded by Braig. Council discussion
included concerns about budgeting a specific amount that would always cap out with
the number of requests, sunsetting of annual requests, and distinguishing between
purchase of services and non - profit agency services. Motion carried 6 -0.
28
Operation New View Community Action Agency: Correspondence from Operation
New View Executive Director M. Thomas Stove! requesting City representation on the
Agency's Board of Directors for 2012. Currently Council Members Lynn Sutton and
David Resnick, and City Manager designee Assistant Budget Director Jason Hartman.
Motion by Connors to re- appoint Council Members Sutton and Resnick and the City
Manager or his designee (currently Assistant Budget Director Jason Hartman).
Seconded by Braig. Resnick stated that he is willing to serve another term but would
like to consider alternating membership next year with another Council member to gain
experience from a different board appointment. Motion carried 6 -0.
COUNCIL MEMBER REPORTS
Sutton reported on the Martin Luther King, Jr. essay contest on Saturday, December
10, at the Dubuque Community School District Forum Building and that volunteer
judges are needed.
PUBLIC INPUT
Joseph Jacobsmeier, 1343 Loras Boulevard, stated that the revenue received from
the proposed red light and speed enforcement camera program could fund the
Purchase of Services requests.
Susan Honda of Federal Way, Washington, stated that she is in town visiting her son
and complimented the Council on what a nice community Dubuque is.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:09 p.m. regarding pending
litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa.
Seconded by Resnick. Motion carried 6 -0.
Upon motion the City Council reconvened in open session at 9:04 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion, the City Council adjourned at 9:05
P.m.
/s /Kevin S. Firnstahl
City Clerk
29
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on July 18, 2011 in the His-
toric 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 Quarterly Sustainable Dubuque Update.
WORK SESSION
QUARTERLY SUSTAINABLE DUBUQUE UPDATE
Sustainability Coordinator Cori Burbach provided a brief overview of the work session and in-
troduced Eric Dregne of Dubuque 2.0, Rick Dickinson of Greater Dubuque Development Corp.,
and David Lyons of IBM. Topics included:
1. Sustainable Dubuque Update: social /cultural vibrancy
a) green buildings, healthy local foods, community knowledge, reasonable mobility,
and green industry
b) Dubuqueworks workforce initiative
• connecting talent to opportunity
• AccessDubuquejJobs.com
• CEO Network
• cleaning up the image of the "dirty job"
• battling local brain drain
• building bridges to employment
• one -stop concierge service
• recruit, relocate, retain
2. Smarter, Sustainable Dubuque
a) Water Study complete; extension /expansion opportunity
b) smarter natural gas
c) smarter travel
d) smarter health
e) smarter electricity
• Smarter Electricity Pilot study - intent, implementation , and training
• accessing the energy portal and demonstration
• Smarter Sustainable Dubuque Help Desk - 563.590.6111
3. Sustainable Dubuque Indicators (SDI) project — Dubuque 2.0
a) indicators and indicator measurement for the 11 sustainability principles
b) renewable energy asset mapping
c) portrait of poverty in Dubuque
d) local foods in local institutions
e) design of Green and Health Homes Program
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on July 18, 2011 in the His-
toric Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members, Braig, Connors, Jones, Lynch, Resnick, Sutton,
City Manager Van Milligen, City Attorney Lindahl
Pledge of Allegiance
Invocation was provided by Chaplain Dave Pacholke of Finley Hospital.
PROCLAMATIONS
Fair Week (July 26 -31, 2011) was accepted by Dubuque County Fair General Manager Ja-
mie Blum; Bank on Dubuque Month (July 2011) was accepted by Eric Dregne, Vice President
of Programs, Community Foundation of Greater Dubuque.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Jones. Larry McDermott, 14407 Hwy 20 W., requested ( #7) Wild Rose
Estate be held for separate discussion. Motion carried 7 -0.
Minutes and Reports Submitted: Cable Community Teleprogramming Commission of 6/7;
City Council proceedings of 7/5 and 7/6; Civil Service Commission of 6/1; Historic Preservation
Commission of 6/16; Long Range Planning Advisory Commission of 6/15; Zoning Advisory
Board of 7/6; Zoning Board of Adjustment of 6/23
Proofs of Publication for City Council proceedings of June 20 and 27; List of Claims and
Summary of Revenues for Month Ended May 31, 2011
Upon motion the documents were received and filed.
Notice of Claims /Suits: Amy Feipel for property damage; Mark Jennings for vehicle damage;
Daniel Konichek for vehicle damage; Janet Romberg 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 Ser-
vices of Iowa, the agent for the Iowa Communities Assurance Pool: Amy Feipel for property
damage; Daniel Konichek for vehicle damage; Geraldine Hayes for property damage; Janet
Romberg for property damage. Upon motion the documents were received, filed, and con-
curred.
Dubuque Jaycees — Fireworks Display: Communication from Tom Parsley, General Manag-
er for Radio Dubuque, requesting permission to display fireworks on behalf of Radio Dubuque
and the Dubuque Jaycees on July 3, 2012, with a rain date of July 4, 2012. Upon motion the
documents were received, filed, and approved.
3
University of Dubuque — Fireworks Display: Communication from Security Officer Ross
Salwolke on behalf of the University of Dubuque requesting permission to display fireworks at
Chalmers Field on September 20, 2011 at approximately 10:25 p.m. for the Under the Lights
football game. Upon motion the documents were received, filed, and approved.
Friends of the Mines of Spain: City Manger transmitting a communication from Mines of
Spain Park Ranger Wayne Buchholtz informing the City that the Friends of the Mines of Spain
has received the Excellence in Interpretation award from the National Association of Interpret-
ers. Upon motion the documents were received and filed.
Environmental Excellence Award: City Manager transmitting a press release announcing
that the City of Dubuque is one of 20 Iowa organizations and businesses which will receive the
Environmental Excellence award from Governor Terry E. Branstad. Upon motion the docu-
ments were received and filed.
Wild Rose Estates: Communication from Ken Kress on behalf of WMK Investment Proper-
ties requesting assistance with issues pertaining to the Final Plat for Wild Rose Estates on
Middle Road.
City Manager transmitting information in response to a communication received from the
developer of Wild Rose Estates residential development on Middle Road in Dubuque County,
just outside the City of Dubuque city limits.
Developer Larry McDermott, 14407, Hwy 20 W. stated that he believes the lack of speed
enforcement along Middle Road is delaying the placement of access to the Wild Rose subdivi-
sion and preventing the approval of the final plat. Motion by Connors to receive and file the
documents and refer to the City Manager. Seconded by Braig. Motion carried 7 -0.
Civil Service Commission: Civil Service Commission submitting the certified lists for the po-
sitions of Laborer and Parking System Technician. Upon motion the documents were received
and filed and made a Matter of Record.
June 1, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of La-
borer was administered April 27, 2011. We hereby certify that the individuals listed below have
passed this written examination and the vacancy for this position should be made from this list
and that this list is good for two (2) years from above date.
4
LABORER
1. Reid Boevers
2. Jesse Begle
3. Michael Asche
4. Richard Bogosian
5. Michael Conner
6. Rick Dougherty
7. Shaun Gilligan
8. Thomas Pinzger
9. William Gansen
10. Dave Hanson
11. Nicholas Jaeger
12. Cary Kloft
13. Daniel Mayne
14. Jerry Powers
15. Scott Prohaska
16. Thomas Voss
17. David Crabbt
18. Jason DeMaio
19. Steven Dunne
20. Jerry McAuliffe
21. Todd O'Dell
22. Anthony Quatrochi
23. Albert Stuart Jr.
24. Charles Thomas
25. Douglas Brosier
26. Von Fulenwider
27. Eric Pike
28. Kevin Pike
29. Daniel Rannals
30. Kevin Reed
31. Andrew Then
32. Nicholas Wilson
33. Michelle Wisnefski
34. Leo Birch
35. Mason Birch
36. Joseph Burns
37. Curt Callahan
38. James Calvert
39. Cody Decker
40. Greg Griffin
41. John Hennings
42. John Kaufman
43. Curt Kiessling
44. Steven Kleinschrodt
45. Brian Mettille
46. John Michelson
47. Kenneth Miller
48. James Ramsey
49. Tom Splinter
50. Jay Valentine
51. David Young
Respectfully submitted,
Daniel White
Jim Schilling
Betty Takes,
Civil Service Commission
May 5, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Parking System Technician was administered on April 20, 2011. We hereby certify that the
individuals listed below have passed this written examination and the vacancy for this position
should be made from this list and that this list is good for two (2) years from above date.
5
PARKING SYSTEM TECHNICIAN
1. Daniel Schumacher
2. Daniel Heins
3. Steven Gerardy
4. Dusty Brown
5. Jesse Jansen
6. David Fitzgerald
7. David Pregler
8. Kenneth Ridgon
9. Dave Hanson
10. Gerald Casey
11. David Wilson
12. Jay Merfeld
13. Charles Thomas
14. Nicholas Jaeger
15. Greg Griffin
16. Charles DeMaio
Respectfully submitted,
Daniel White
Jim Schilling
Betty Takes,
Civil Service Commission
PEG Capital Expenditure Grant Requests: City Manager recommending approval of the Ca-
ble TV Teleprogramming Commission's recommendation for funding from the Public, Educa-
tional, and Government (PEG) Capital Grant for Access Equipment and Facilities for a request
from the Dubuque Community School District for up to $3,000 for equipment and software up-
grades to enable them to properly use their automation system to produce and operate a regu-
lar program schedule for their educational access channel and a request from Loras College
for up to $2,000 for a software upgrade for the operation of the shared educational access
channel and six on- camera lights for their field production cameras. Upon motion the docu-
ments were received, filed, and approved.
Bee Branch Creek Restoration Project — Purchase of Property: City Manager recommend-
ing the purchase of property on Maple Street owned by G &S Real Estate as part of the acqui-
sition program associated with the Bee Branch Creek Restoration Project. Upon motion the
documents were received and filed and Resolution No. 235 -11 approving the acquisition of re-
al estate owned by G &S Real Estate in the City of Dubuque was adopted.
RESOLUTION NO. 235 -11
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY G &S REAL ESTATE IN
THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended
in the 2001 "Drainage Basin Master Plan;" and
Whereas, a purchase agreement has been finalized with the owner of the property sched-
uled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property: Lot 288 East Dubuque Addition No. 2 in the City of Dubuque, Dubuque
County, Iowa, at the cost of Sixty -Nine Thousand Nine Hundred Fifty Dollars ($69,950.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim
deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the here-
in described real estate.
6
Section 3. That the City Clerk be and is hereby authorized and directed to cause said War-
ranty Deed to be recorded in the office of the Dubuque County Recorder, together with certi-
fied copy of the Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution
to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 18th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Delinquent Snow and Ice Removal and Garbage Collection Accounts: City Manager rec-
ommending approval to certify snow and ice removal charges to the Dubuque County Treas-
urer in order to establish real property liens for collection of such charges. Upon motion the
documents were received and filed and Resolution No. 218 -11 Authorizing the City to collect
delinquent snow and ice removal and garbage collection charges in accordance with Title 6 -6-
3C2o; Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa was
adopted.
RESOLUTION NO.218 -11
AUTHORIZING THE CITY TO COLLECT DELINQUENT SNOW AND ICE REMOVAL AND
GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3C2o; TITLE 6 -6-
4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, residential properties in the City of Dubuque are considered substandard if any
conditions exist to an extent that endanger life, limb, health, property, safety or welfare of
the public or the occupants thereof; and
Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "palpably and
indisputably such" exists which requires immediate action to protect the public healty, safety or
welfare of the public, the Housing Officer may order the emergency abatement of such; and
Whereas, delinquent snow and ice removal and garbage collection charges shall be certi-
fied by the City Clerk to the Dubuque County Treasurer for collection with, and in the same
manner as general property taxes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the persons hereinafter, owning the properties thereby set forth, are delin-
quent in the payment of snow and ice removal and garbage collection charges:
NAME AND ADDRESS; PROPERTY DESCRIPTION; AMOUNT
Dawn M Close, 704 Rose Street, Dubuque, IA 52001, 10 -24- 355 -009, S 1/2 LOT 7
CUMMINS SUB 705 - 705 1/2 ROSE, $85.00
Dubuque Properties LLC, 1805 State Street Suite 103, Bettendorf, IA 52722, 10- 24 -215-
001, W 59' OF S 42' OF LOT 1 -97 L H LANGWORTHY'S ADD 2076 -2078 WASHINGTON,
$435.00
Thomas J & Martha J Blake, 115 Skyline Drive, Guttenberg, IA 52052, 10 -24- 203 -023, E
35' -LOT 84 L H LANGWORTHY'S ADD 215 -217 E 22ND ST, $925.00
Janis E Jentz, 1610 Jackson Street, Dubuque, IA, 52001,10 -24- 268 -021, S 18'3" OF LOT
82 EAST DUBUQUE ADD, $920.00
High Performance LLC, 8505 Southern Hills, Dubuque, IA 52003, 10 -24- 403 -002, S 1/2 OF
N 1/5 OF CITY LOT 454, $359.00
7
Dubuque Property Management, 8505 Southern Hills Court, Dubuque IA 52003, Lots 46 -50
and Lot 2 of 51 of Lenox Addition, $301.00
Irvin G Jr & Sharon K Schueller, 2233 Jackson Street, Dubuque, IA 52001, 10 -24- 202 -012,
E 1/2 -LOT 31 L H LANGWORTHYS ADD 2233 -2235 JACKSON, $100
Larry H & Brenda A Husemann, 483 Peach Street, East Dubuque, IL 61025, 10- 24 -410-
002, N 1/2 OF M 1/5 OF CITY LOT 476, $110.00
Property Investments Group LLC, 605 Bluff Street, Dubuque IA 52001, 10 -24- 207 -008, L H
LANGS ADD N 65' LOT 11 2134 -2146 CENTRAL AVE, $300.00
Richard Henry Then Testamentary Trust, 4812 Then Road, Bernard, IA 52032, 10- 24 -213-
001, W 1/2 -LOT 43 & S 28' -W 1/2 -LOT 42 L H LANGWORTHY'S ADD, $135.00
Doris M Rubel, 6778 Crystal Lake Cave Rd, Dubuque, IA 52003, 10 -13- 328 -004, S 32' -275
DAVIS FARM ADD, $40.00
Thomas J & Martha J Blake, 115 Skyline Drive, Guttenberg, IA 52052, 10 -24- 127 -030, LOT
1 -3 -135 & 1 -4 -135 L H LANGWORTHY'S ADD 357 -357 1/2 KAUFMANN AVE, $95.00
Robert J & Maribeth P Devereaux, P 0 Box 684, Elk Grove Village, IL 60009, 10- 24 -430-
009, S 1/2 LOT 56 EAST DUBUQUE ADD, $100
William James Heming, 1218 Lincoln, Dubuque IA 52001, 11 -18- 310 -004, LOT 6 KIENE'S
SUB, $420.00
Gary Lee Fransen, 2285 Francis, Dubuque IA 52001, 10 -24- 128 -018, LOT 29 & N 1/2 OF
LOT 28 TIVOLI ADD, $160.00
Greg A Prehm, 8505 Southern Hills Court, Dubuque IA 52003, 10 -24- 381 -006, LOT 4 M A
MCDANIELS SUB 574 -576 CHESTNUT, $150.00
Gregory W & Jeanette M Mclaughlin, 620 % Alta Vista, Dubuque IA 52001, 10 -13- 454 -050,
NE 23' LOT 10 & SW 21'6" LOT 11 HAMBURG ADD 711 -711 1/2 E 22ND ST, $110.00 Judith
Ann Beecher, 55 Milwaukee, Dubuque, IA 52001, 10 -14- 228 -013, LOT 20 LINHAN PARK
ADD, $110.00
Stuart G Hoover, 850 White Street, Dubuque, IA 52001, 10 -24- 385 -007, FARLEYS SUB E
'/2 OF LOT 11, $220.00
Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County
Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in
the payment of snow and ice removal and garbage collection charges in the amount set aside
of the respective names, and that said amounts shall be collected in the same manner as gen-
eral property taxes against the respective parcels of property set opposite the names of the
owners.
Passed, approved and adopted this 18th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S Firnstahl, Acting City Clerk
Vacant and Abandoned Building and Problem Property Assessments: City Manager rec-
ommending authorizing the City Clerk to certify vacant and abandoned building and problem
property 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 Resolu-
tion No. 219 -11 Authorizing the City to collect delinquent vacant and abandoned building and
problem property charges in accordance with Title 6- 6 -3B1h; Title 6 -6 -4B3 & Title 6 -6B of the
Code of Ordinances of the City of Dubuque, Iowa, was adopted.
8
RESOLUTION NO. 219 -11
RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT VACANT AND
ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE
WITH TITLE 6- 6 -3B1h; TITLE 6 -6 -4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF
THE
CITY OF DUBUQUE, IOWA
Whereas, residential properties in the City of Dubuque are considered hazardous or unsani-
tary premises if vacant and abandoned buildings and problem properties are allowed to deteri-
orate according to 6 -6 -3B1 h; and
Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "palpably and
indisputably such" exists which requires immediate action to protect the public health, safety
or welfare of the public, the Housing Officer may order the emergency abatement of such; and
Whereas, delinquent vacant and abandoned building and problem property charges shall be
certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the
same manner as general property taxes.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the persons hereinafter, owning the properties thereby set forth, are
delinquent in the payment of vacant and abandoned building and problem property charges:
NAME AND ADDRESS; PROPERTY DESCRIPTION; AMOUNT
Janis E Jentz, 1610 Jackson Street, Dubuque IA 52001, 10 -24- 268 -021, S 18'3" OF LOT
82 EAST DUBUQUE ADD, $170.00
Dan Siefker, A /K/A Daniel J Siefker, 1838 Central Ave, Dubuque IA 52001, 10 -24- 256 -005,
S 26' - M 1/5 - CITY LOT 436, $263.80
Antonio G Conley, 2512 Broadway Street, Dubuque, IA 52001, 10 -13- 431 -012, LOT 1 -1 -37
ALTHAUSERS SUB, $285.00
BRP Properties LLC, 8505 Southern Hills Court, Dubuque IA 52003, 10 -23- 329 -019, LOT
1 -1 -2 -1 SMYTHS SUB, $292.12
Sandra J Cunningham, 175 West 17th Street, Dubuque, IA 52001, 10 -24- 260 -011, LOT 1 -2
OF CITY LOT 674, $1,004.44
Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County
Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in
the payment of vacant and abandoned building and problem property charges in the amount
set aside of the respective names, and that said amounts shall be collected in the same man-
ner as general property taxes against the respective parcels of property set opposite the
names of the owners.
Passed, approved and adopted this 18th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
3087 Central Avenue Update: City Manager transmitting information on the development
history for the property at 3087 Central Avenue. Upon motion the documents were received
and filed.
Supplemental Engineering Project (SEP) Work Plan: City Manager recommending approval
of a work plan for the Supplemental Engineering Project (SEP) as required by the Consent
Decree related to the City's Wastewater Management System. Upon motion the documents
were received, filed, and approved.
9
Southwest Arterial - Supplemental Agreement No. 9: City Manager recommending approval
of the execution of a supplemental agreement with AECOM Technical Services, Inc. in the
amount of $126,700, which approves revisions to the original scope of services to the Consult-
ant Professional Services Contract to complete the final engineering design phase of the
Southwest Arterial Project. Upon motion the documents were received and filed and Resolu-
tion No. 220 -11 Approving the Consultant Professional Services - Supplemental Agreement No.
9 between AECOM Technical Services, Inc., and the City of Dubuque for the final engineering
design phase of the Southwest Arterial Project was adopted.
RESOLUTION NO. 220 -11
APPROVING THE CONSULTANT PROFESSIONAL SERVICES - SUPPLEMENTAL
AGREEMENT NO. 9 BETWEEN AECOM TECHNICAL SERVICES, INC. AND THE CITY OF
DUBUQUE FOR THE FINAL ENGINEERING DESIGN PHASE OF THE SOUTHWEST AR-
TERIAL PROJECT
Whereas, the City of Dubuque is proceeding with the Southwest Arterial Project, from U.S.
Highway 20 to U.S. Highway 151/61, in Dubuque, Iowa; and
Whereas, as a result of ongoing design reviews, recent geotechnical findings and recom-
mendations outlined in the Value Engineering study, several modifications to the previous pre-
liminary plans were developed; and
Whereas, as a result of the proposed design and plan modifications, the Consultant Profes-
sional Services - Supplemental Agreement authorizes AECOM to provide the revised scope of
services to continue to advance the completion of the final engineering design phase.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Consultant Professional Services - Supplemental Agreement No. 9 be-
tween AECOM Technical Services, Inc. and the City of Dubuque for the final engineering de-
sign phase of the Southwest Arterial project is hereby approved, subject to the concurrence of
the Iowa Department of Transportation.
Section 2. That the Mayor be authorized and directed to execute three copies of said Con-
sultant Professional Services - Supplemental Agreement with AECOM Technical Services, Inc.
for the final engineering design phase of the Southwest Arterial project.
Passed, approved and adopted this 18th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Morrison Bros. Company— First Amendment to Development Agreement: City Manager rec-
ommending approval of the First Amendment to the Development Agreement with Morrison
Bros. Company to provide for a one -year extension of the job creation period to June 1, 2012.
Upon motion the documents were received and filed and Resolution No. 221 -11 Approving the
First Amendment to the Morrison Bros. Company Development Agreement was adopted.
RESOLUTION NO. 221 -11
APPROVING THE FIRST AMENDMENT TO THE MORRISON BROS. COMPANY DEVEL-
OPMENT AGREEMENT
Whereas, a Development Agreement (the Agreement), dated October 6, 2008, was entered
into by and between the City of Dubuque, a municipal corporation of the State of Iowa (City)
and Morrison Bros. Company an Iowa corporation with its principal place of business in Dubu-
que, Iowa (Developer); and
10
Whereas, City and Morrison Bros. Company now desire to amend the Development Agree-
ment as set forth attached First Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment of the Morrison Bros. Company Development Agree-
ment is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said First Amend-
ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to
his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to im-
plement the terms of the First Amendment as herein approved.
Passed, approved and adopted this 18th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Cottingham & Butler Ins. Inc. — First Amendment to Development Agreement and the Down-
town Rehabilitation Loan Agreement: City Manager recommending approval of the First
Amendment to the Amended and Restated Development Agreement and an amendment to the
Downtown Rehabilitation Loan Agreement, both with Cottingham & Butler, Inc. and Security
Investments, LLC. Upon motion the documents were received and filed and Resolution No.
222 -11 Approving the First Amendment to the Amended and Restated Development Agree-
ment between and among the City of Dubuque, Iowa, Cottingham & Butler, Inc., and Security
Investments, LLC; and Resolution No. 223 -11 Approving the First Amendment to Downtown
Rehabilitation Loan Program Loan Agreement, Number: DRLP #1 -07 between the City of
Dubuque, Iowa, and Security Investments, LLC were adopted.
RESOLUTION NO. 222 -11
APPROVING THE FIRST AMENDMENT TO THE AMENDED AND RESTATED DEVELOP-
MENT AGREEMENT BETWEEN AND AMONG THE CITY OF DUBUQUE, IOWA,
COTTINGHAM & BUTLER, INC. AND SECURITY INVESTMENTS, LLC
Whereas, an Amended and Restated Development Agreement (the Agreement), dated Oc-
tober 1, 2007, was entered into by and between the City of Dubuque, a municipal corporation
of the State of Iowa (City), Cottingham & Butler, Inc. (Developer) and Security Investments,
LLC, an Iowa Limited Liability Company; and
Whereas, City, Cottingham & Butler, Inc. and Security Investments, LLC now desire to
amend the Amended and Restated Development Agreement as set forth in the attached First
Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment to the Amended And Restated Development Agree-
ment between and among the City of Dubuque, Iowa, Cottingham & Butler, Inc. and Security
Investments, LLC is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said First Amend-
ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to
his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to im-
plement the terms of the First Amendment as herein approved.
Passed, approved and adopted this 18th day of July, 2011.
Roy D. Buol, Mayor
11
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 223 -11
APPROVING THE FIRST AMENDMENT TO DOWNTOWN REHABILITATION LOAN PRO-
GRAM LOAN AGREEMENT, NUMBER: DRLP #1 -07 BETWEEN THE CITY OF DUBUQUE,
IOWA AND SECURITY INVESTMENTS, LLC
Whereas, a Downtown Rehabilitation Loan Program Agreement (the Agreement), dated No-
vember 19, 2007, was entered into by and between the City of Dubuque, a municipal corpora-
tion of the State of Iowa (City) and Security Investments, LLC, an Iowa Limited Liability Com-
pany; and
Whereas, City and Security Investments, LLC now desire to amend the Agreement as set
forth in the attached First Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment to the Downtown Rehabilitation Loan Program Loan
Agreement between the City of Dubuque and Security Investments, LLC, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said First Amend-
ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to
his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to im-
plement the terms of the First Amendment as herein approved.
Passed, approved and adopted this 18th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Community Foundation of Greater Dubuque — Project H.O.P.E. Contract: City Manager rec-
ommending approval of a contract for services with the Community Foundation of Greater
Dubuque relating to Project H.O.P.E. (Helping Our People Excel), an initiative of the City of
Dubuque. Upon motion the documents were received, filed, and approved.
Paragon Square, LLC — Housing Enterprise Zone Program: City Manager recommending
approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Depart-
ment of Economic Development, the City of Dubuque and Paragon Square, LLC, that will pro-
vide 18 new market -rate housing units in the downtown. Upon motion the documents were re-
ceived and filed and Resolution No. 224 -11 Approving a Housing Enterprise Zone Program
Agreement by and among the Iowa Department of Economic Development, the City of Dubu-
que and Paragon Square, LLC was adopted.
RESOLUTION NO. 224 -11
RESOLUTION APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT
BY AND AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY
OF DUBUQUE AND PARAGON SQUARE, LLC
Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise
Zone Commission; and
Whereas, the Enterprise Zone Commission on March 17, 2011 approved the application of
Paragon Square, LLC for Housing Enterprise Zone benefits; and
Whereas, Paragon Square, LLC's application was approved by the Iowa Department of
Economic Development on April 8, 2011; and
12
Whereas, the Iowa Department of Economic Development has prepared and submitted for
City Council approval an agreement relating to Housing Enterprise Zone benefits for Paragon
Square, LLC a copy of which is attached hereto and by this reference made a part hereof; and
Whereas, the City Council finds that the proposed agreement is acceptable and necessary
to the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of Economic Development Housing Enterprise Zone
Program Agreement, Number 11 -HEZ -040, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on
behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Eco-
nomic Development for their approval.
Passed, approved and adopted this 18th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Dubuque Industrial Center West — South Siegert Farm: City Manager recommending award
of a contract to IIW Engineers for design and construction services associated with the devel-
opment of the South Siegert Farm for a cost not to exceed $428,120. Upon motion the docu-
ments were received, filed, and approved.
2011 Justice Assistance Grant (JAG) Application: City Manager recommending approval of
the 2011 Justice Assistance Grant (JAG) application. Upon motion the documents were re-
ceived, filed, and approved.
Historic Preservation Commission — West Locust Street Off - Street Parking: Communication
from the Historic Preservation Commission requesting that the City Council explore parking
solutions for the West Locust and Bluff Street area. Upon motion the documents were re-
ceived, filed, and referred to the City Manager.
State Historical Society of Iowa (SHSI): Correspondence from Deputy State Historical
Preservation Officer Barbara Mitchell informing the City that the Holy Ghost Catholic Historic
District (2887 -2921 Central Avenue) was accepted for nomination to the National Register of
Historic Places by the State Nominations Review Committee. Upon motion the documents
were received and filed.
Signed Contracts: 1) AmeriCorps Agreement - No Cost Extension Amendment; 2) Lease
Agreement with Spahn and Rose Lumber Company. Upon motion the documents were re-
ceived and filed.
Liquor License Transfer: Request from the National Mississippi River Museum and Aquari-
um to transfer their liquor license to the Port of Dubuque on August 6, 2011 for the Taste of
Dubuque. Upon motion the documents were received, filed, and approved.
Business License Applications: City Manager recommending approval of annual liquor, beer
and cigarette license renewals as submitted. Upon motion the documents were received and
filed and Resolution No. 225 -11 Granting the issuance of a Class "C" Beer /Liquor License to
Knicker's Saloon, the Walnut Tap, and House of China; a Special Class "C" Liquor License (5-
Day Special Event) to Music N More Productions; a Class "B" Wine Permit to Sid's Beverage
13
Store and Road Ranger; a Class "WBN" Native Wine Permit to the Mandolin Inn and Kwik
Stop Food Mart; Resolution No. 226 -11 Granting the issuance of a Class "C" Beer Permit to
Sid's Beverage, Road Ranger and Kwik Stop; and Resolution No. 227 -11 Granting the issu-
ance of a permit to sell cigarettes and cigarette papers to Awn Stop Mart, Dubuque Quick Stop
Mart, Friendly Locust Mart, and Instant Replay were adopted.
RESOLUTION NO. 225 -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.
Curtis Gerhard
Craig J. Weiner
House of China Co.
CLASS "C" BEER /LIQUOR LICENSE
Knicker's Saloon +(Sunday Sale
Walnut Tap +(Sunday Sale)
House of China +(Sunday Sale)
2186 Central Ave.
709 University Ave.
170 JFK Rd.
SPECIAL CLASS "C" LIQUOR LICENSE (5 -DAY SPECIAL EVENT)
Music n More Promotion Summer's Last Blast Town Clock Plaza
Sid's Beverage Store
Road Ranger, LLC
Mandolin Inn, Inc
Rainbo Oil Company
Attest:
CLASS "B" WINE
Sid's Beverage Store
Road Ranger
2727 Dodge St.
2175 Central Ave.
CLASS "WBN" NATIVE WINE LICENSE
Mandolin Inn 199 Loras Blvd.
Kwik Stop Food Mart 2255 Kerper Blvd.
Passed, approved and adopted this 18th day of July, 2011
Roy D. Buol, Mayor
Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 226 -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.
Sid's Beverage Store, Inc.
Road Ranger LLC
Rainbo Oil Company
CLASS "C" BEER PERMIT
Sid's Beverage Store +(Sunday Sale)
Road Ranger +(Sunday Sale)
Kwik Stop Food +(Sunday Sale)
14
2727 Dodge St.
2175 Central Ave.
2255 Kerper Blvd.
Passed, approved and adopted this 18th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
RESOLUTION NO. 227 -11
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the provisions of law relating to the sale of Ciga-
rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette
Papers within said City.
4 RENEWALS
Awn Stop Mart Awn Stop Mart Inc.
Dubuque Quick Stop Mart Bushra Waseem
Friendly Locust Mart Awn Stop Mart Inc.
Instant Replay Pam Arensdorf
Passed, approved and adopted this 18th day of July, 2011
Attest: Kevin S. Firnstahl, Acting City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
1998 Jackson St.
1401 Central Ave.
408 W. Locust St.
1602 Central Ave.
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. Se-
conded by Connors. Motion carried 7 -0.
Green Alley Permeable Pavers Project: City Manager recommending preliminary approval
of the construction plans and specifications, approval of the Resolution of Necessity, approval
of the Preliminary Schedule of Assessments and initiation of the public bidding process for the
Green Alley Permeable Pavers Project (17th — 18th, between Jackson & Washington Streets),
and further recommends that a public hearing be set for August 1, 2011. Upon motion the doc-
uments were received and filed and Resolution No. 228 -11 Preliminary approval of plans,
specifications, form of contract, and estimated cost; setting date of public hearing on plans,
specifications, form of contract, and estimated cost; and ordering the advertisement for bids
(Green Alley Permeable Pavers Project 17th — 18th, between Jackson & Washington Streets);
Resolution No. 229 -11 Approving the plat, schedule of assessments and estimate of total cost
and setting date of public hearing on Resolution of Necessity (Green Alley Permeable Pavers
Project 17h - 18th, between Jackson & Washington Streets); and Resolution No. 230 -11 Reso-
lution of Necessity for the Green Alley Permeable Pavers Project (17th — 18th, between Jackson
& Washington Streets) were adopted setting a public hearing for a meeting to commence at
6:30 p.m. on August 1, 2011 in the Historic Federal Building.
RESOLUTION NO. 228 -11
GREEN ALLEY PERMEABLE PAVERS PROJECT
(17th — 18th, BETWEEN JACKSON AND WASHINGTON STREETS)
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA-
TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVER-
TISEMENT FOR BIDS
15
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Green Alley
Permeable Pavers Project (17th — 18th, between Jackson and Washington Streets), in the es-
timated amount $185,242.17, are hereby preliminarily approved and ordered filed in the office
of the City Clerk for public inspection.
A public hearing will be held on the 1st day of August, 2011, at 6:30 p.m. in the Historic Fed-
eral Building Council Chambers at which time interested persons may appear and be heard for
or against the proposed plans and specifications, form of contract and estimated cost of said
Project, and the City Clerk be and is hereby directed to cause the attached notice of the time
and place of such hearing to be published in a newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be published not less than four days nor more than twen-
ty days prior to the date of such hearing. At the hearing, any interested person may appear
and file objections to the proposed plans, specifications, form of contract, or estimated cost of
the Project.
The Green Alley Permeable Pavers Project (17th — 18th, between Jackson and Washington
Streets) is hereby ordered to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall con-
form to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the improve-
ments herein provided, by publishing the attached Notice to Bidders to be published in a
newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be pub-
lished not less than four but not more than forty -five days before the date for filing bids before
2:00 p.m. on the 4th day of August, 2011. Bids shall be opened and read by the City Clerk at
said time and will be submitted to the City Council for final action at 6:30 p.m. on the 15th day
of August, 2011, in the Historic Federal Building Council Chambers (second floor), 350 West
6th Street, Dubuque, Iowa.
Passed, adopted and approved this 18th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 229 -11
GREEN ALLEY PERMEABLE PAVERS PROJECT
(17TH — 18TH BETWEEN JACKSON & WASHINGTON STREETS)
APPROVING THE PLAT, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL
COST AND SETTING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
Whereas, the proposed Resolution of Necessity for the Project has been introduced for the
Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The attached plat, schedule of assessments, and estimate of total cost for the Green Alley
Permeable Pavers Project (17th — 18th, between Jackson & Washington Streets) and the pro-
posed Resolution of Necessity are hereby approved and ordered placed on file in the Office of
the City Clerk.
The City Council will meet on the 1st day of August, 2011, at 6:30 p.m. at the Historic Feder-
al Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which
time the owners of property subject to assessment for the proposed improvement or any other
person having an interest in the matter may appear and be heard for or against the making of
16
the improvement, the boundaries of the district, the cost, the assessment against any lot, or
the final adoption of a resolution of necessity.
A property owner will be deemed to have waived all objections unless at the time of hearing
the property owner has filed objections with the City Clerk.
The City Clerk be and is hereby authorized and directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published once each week for two consecu-
tive weeks, the first publication of which shall be not less than ten days prior to the day fixed
for its consideration.
Passed, approved and adopted this 18th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 230 -11
RESOLUTION OF NECESSITY FOR THE GREEN ALLEY PERMEABLE PAVERS PRO-
JECT (17TH — 18TH, BETWEEN JACKSON & WASHINGTON STREETS)
Whereas, the plat, schedule of assessments, and estimate of total cost for the Green Alley
Permeable Pavers Project (17th — 18th, between Jackson & Washington Streets) have been du-
ly prepared and approved by the City Council of the City of Dubuque and ordered placed on
file in the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Reconstruction of the pavement surface with interlocking concrete pavers.
Watermain reconstruction.
Replacement of four (4) lead water services with copper.
Replacement of the brick sanitary manholes in the alley and on 17th 18th Streets with
new concrete manholes.
There is on file in the office of the City Clerk an estimated total cost of the work, and a pre-
liminary plat and schedule showing the amount proposed to be assessed to each lot for the
improvement.
The date, time, and place the council will hear property owners subject to the assessment
and interested parties for or against the improvement, its cost, the assessment, or the bounda-
ries of the district:
The City Council deems it advisable and necessary for the public welfare to make the herein
mentioned improvements.
Unless a property owner files objections with the City Clerk at the time of hearing on the
Resolution of Necessity, the property owner is deemed to have waived all objections pertaining
to the regularity of the proceeding and the legality of using the special assessment procedure.
Said improvements shall be constructed in accordance with the plans and specifications
which have been approved by the City Council and are now on file in the Office of the City
Clerk. The cost of making such improvement will be assessed against property lying with the
assessment limits.
The above resolution was introduced, approved and ordered placed on file with the City
Clerk this 18th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Eagle Point Energy — 1, LLC — License and Power Purchase Agreement: City Manager rec-
ommending that a public hearing be set for August 1, 2011, on approval of a 25 -year License
17
and Power Purchase Agreement with Eagle Point Energy — 1, LLC to install solar panels on
the Public Works facility on Kerper Court and provide electricity to the facility. Upon motion the
documents were received and filed and Resolution No. 231 -11 Intent to dispose of an interest
in real property owned by the City of Dubuque by license between the City of Dubuque, Iowa,
and Eagle Point Energy — 1, LLC, an Iowa Limited Liability Company, was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on August 1, 2011 in the Historic Fed-
eral Building.
RESOLUTION NO. 231 -11
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF
DUBUQUE BY LICENSE BETWEEN THE CITY OF DUBUQUE, IOWA AND EAGLE POINT
ENERGY — 1, LLC AN IOWA LIMITED LIABILITY COMPANY
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally described
as follows: Roof space above the land commonly known as the western side of the roof locat-
ed at 925 Kerper Court, Dubuque, Iowa, legally described as Lot 2 of 2 of Kerper Industrial
Park in the City of Dubuque, Iowa; and
Whereas, Eagle Point Energy — 1, LLC. desires to license a part of the property to install so-
lar panels at the facility, License and Power Purchase Agreement is on file at the office of the
City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and
Whereas, City and Eagle Point Energy — 1, LLC. have tentatively agreed to the License and
Power Purchase Agreement, which among other things, provides for a term through Septem-
ber 1, 2026; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to ap-
prove the License and Power Purchase Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing- described
real property by License and Power Purchase Agreement between City and Eagle Point Ener-
gy — 1, LLC.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing- described real property by license, to be held on the 1st
day of August 2011, at 6:30 o'clock p.m. at the Historic Federal Building, Council Chambers,
350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 18th day of July 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Sale of Property — 1052 Rush Street: City Manager recommending the sale of a City -owned
vacant lot at 1052 Rush Street to Routley Construction for $5,000 for participation in the East
Central Intergovernmental Association plan for the Iowa Department of Economic Develop-
ment Single - Family New Production Round #2 Program, and that a public hearing be set for
August 1, 2011, to consider disposal of the property. Upon motion the documents were re-
ceived and filed and Resolution No. 232 -11 Intent to dispose of an interest in City of Dubuque
real estate and fixing the date for a public hearing of the City Council of the City of Dubuque,
Iowa, on the proposed disposition of City -owned property to Routley Construction and provid-
ing for the publication of notice thereof (Lot 171 Union Addition in the City of Dubuque, Iowa —
1052 Rush Street) was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on August 1, 2011 in the Historic Federal Building.
18
RESOLUTION NO. 232 -11
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND FIX-
ING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE PROPOSED DISPOSITION OF CITY OWNED PROPERTY TO
ROUTLEY CONSTRUCTION AND PROVIDING FOR THE PUBLICATION OF NOTICE
THEREOF
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the
Property): Lot 171 Union Addition in the City of Dubuque, Iowa (1052 Rush Street); and
Whereas, East - Central Intergovernmental Association (ECIA) is the sponsor of the Single
Family New Production Program (SFNP) (Sponsor); and
Whereas, City, has tentatively agreed to sell the Property to Routley Construction, subject to
the approval of a Development Agreement between City and Routley by the City Council which
Development Agreement will include the following conditions:
• Sale price $5,000 due at closing
• Single family home valued at $100,000 shall be constructed within 12 months of clos-
ing
• Contractor shall participate in the SFNP Program sponsored by East Central Intergov-
ernmental Agency; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
the City to approve the sale of the Property to Routley Construction.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing- described
Property by Deed to Routley Construction subject to the conditions described herein.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing- described Property, to be held on the 1st day of August,
2011, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350
W. 6th Street, Dubuque, Iowa.
Section 3. The Clerk is hereby directed to cause at least one publication to be made of a no-
tice of said meeting, in a newspaper, printed wholly in the English language, published at least
once weekly, and having general circulation in said City, said publication to be not less than
four days nor more than twenty days before the date of said meeting on the issuance of said
obligations.
Passed, approved and adopted this 18th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Sale of Property — 1895 Wood Street: City Manager recommending the sale of a City -owned
vacant lot at 1895 Wood Street to Routley Construction for $1.00 for participation in the East
Central Intergovernmental Association plan for the Iowa Department of Economic Develop-
ment Single - Family New Production Round #2 Program, and that a public hearing be set for
August 1, 2011, to consider disposal of the property. Upon motion the documents were re-
ceived and filed and Resolution No. 233 -11 Intent to dispose of an interest in City of Dubuque
real estate and fixing the date for a public hearing of the City Council of the City of Dubuque,
Iowa on the proposed disposition of City -owned property to Routley Construction and providing
for the publication of notice thereof (Lot 51 Rosedale Addition in the City of Dubuque, Iowa -
19
1895 Wood Street) was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on August 1, 2011 in the Historic Federal Building.
RESOLUTION NO. 233 -11
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND FIX-
ING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE PROPOSED DISPOSITION OF CITY OWNED PROPERTY TO
ROUTLEY CONSTRUCTION AND PROVIDING FOR THE PUBLICATION OF NOTICE
THEREOF
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the
Property): Lot 51 Rosedale Addition in the City of Dubuque, Iowa (1895 Wood Street); and
Whereas, East - Central Intergovernmental Association (ECIA) is the sponsor of the Single
Family New Production Program (SFNP) (Sponsor); and
Whereas, City, has tentatively agreed to sell the Property to Routley Construction, subject to
the approval of a Development Agreement between City and Routley by the City Council which
Development Agreement will include the following conditions:
• Sale price $1.00 due at closing
• Single family home valued at $100,000 shall be constructed within 12 months of clos-
ing
• Contractor shall participate in the SFNP Program sponsored by East Central Intergov-
ernmental Agency; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
the City to approve the sale of the Property to Routley Construction.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing- described
Property by Deed to Routley Construction subject to the conditions described herein.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing- described Property, to be held on the 1st day of August,
2011, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350
W. 6th Street, Dubuque, Iowa.
Section 3. The Clerk is hereby directed to cause at least one publication to be made of a no-
tice of said meeting, in a newspaper, printed wholly in the English language, published at least
once weekly, and having general circulation in said City, said publication to be not less than
four days nor more than twenty days before the date of said meeting on the issuance of said
obligations.
Passed, approved and adopted this 18th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
BOARDS /COMMISSIONS
Appointments to the following Boards /Commissions:
Human Rights Commission: One 3 -year term through January 1, 2013 (Vacant term of Da-
vis). Applicants: Nickie Blume, 2523 Washington Street; and Mitzi Krey, 433 W. 3rd. Street
(Additional applicant). Upon roll call vote of 6 -1 (Jones voting for Blume), Mitzi Krey was ap-
pointed to the Human Rights Commission for a 3 -year term through January 1, 2013.
20
Transit Advisory Board: Three 3 -year terms through July 30, 2014 (expiring terms of
Enderson, Lightcap, and Stewart). Applicants: George Enderson, 511 St. George Street; Joel
Lightcap, 1985 Alta Vista Street; and R.R.S. Stewart, 460 Summit Street. Motion by Lynch to
appoint George Enderson, Joel Lightcap, and R.R. S. Stewart to the Transit Advisory Board for
3 -year terms through July 30, 2014. Seconded by Resnick. Motion carried 7 -0.
PUBLIC HEARINGS
Planned Residential District Amendment — 2763 University Avenue: Communication from
Tom Kluck withdrawing his application to amend the Planned Residential District for property
located at 2763 University Avenue.
Proof of publication on notice of public hearing to consider a request from Tom Kluck to
amend the Planned Residential District at property located at 2763 University Avenue to permit
a 60 -foot by 30 -foot, two -story common building with three apartments on the second story; set
back 20 feet from the north side property line and the Zoning Advisory Commission recom-
mending denial.
Citizen communications and petition from Bruce and Annabelle Schaal and Gus Hammer in
opposition to the rezoning request.
Motion by Connors to accept the withdrawal. Seconded by Jones. Motion carried 7 -0.
Upon motion the rules were suspended allowing anyone present to address the City Coun-
cil.
Holy Ghost Urban Renewal District: Proof of publication on notice of public hearing to con-
sider approval of the Holy Ghost Urban Renewal District and the City Manager recommending
approval.
Communication from the Long Range Planning Commission approving the Urban Renewal
Plan for the Holy Ghost Urban Renewal District.
Motion by Braig to receive and file the documents and adopt Resolution No. 234 -11 Approv-
ing the Urban Renewal Plan for the Holy Ghost Urban Renewal District. Seconded by Con-
nors. Motion carried 7 -0.
RESOLUTION NO. 234 -11
APPROVING THE URBAN RENEWAL PLAN FOR THE HOLY GHOST URBAN RENEWAL
DISTRICT.
Whereas, on June 6, 2011, the City Council of the City of Dubuque, Iowa authorized the
preparation of an Urban Renewal Plan (the "Plan ") for the Holy Ghost Urban Renewal District
(the "District "); and
Whereas, the City of Dubuque's primary objective in adopting this Plan is to provide oppor-
tunities for redevelopment and reinvestment in the District; and
Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has
found that said document is consistent with the Comprehensive Plan for the development of
the City of Dubuque as a whole and has transmitted its findings to the City Council; and
Whereas, a consultation process has been undertaken with affected taxing entities in ac-
cordance with Chapter 403 of the Code of Iowa with no written objections or recommended
changes to the Plan received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a
public hearing on the proposed Plan after public notice thereof.
21
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Urban Renewal Plan for the Holy Ghost Urban Renewal District, at-
tached hereto and made reference to herein, be approved.
Section 2. This Council finds that a feasible method exists for the location of any families
who will be displaced from the District into decent, safe and sanitary dwelling accommodations
within their means and without undue hardship to such families. The Council further finds that
the urban renewal plan conforms to the general plan of the municipality as a whole.
Section 3. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di-
rected to file a certified copy of this Resolution and the Plan in the office of the Dubuque Coun-
ty Recorder.
Passed, approved and adopted this 18th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
ID Institutional District Amendment — Hillcrest Family Services: Proof of publication on notice
of public hearing to consider a request from Hillcrest Family Services to amend the ID Institu-
tional District for property located at 2005 Asbury Road to allow the proposed chapel to be lo-
cated 15 feet from the front property line (Wilbrecht Lane) and the Zoning Advisory Commis-
sion 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.
Michael Luedtke, Vice President of Finance for Hillcrest Family Services, stated that the re-
duced set back will allow the plan to be more symmetrical. Planning Services Manager Laura
Carstens provided a staff report. Motion carried 7 -0.
Motion by Jones for final consideration and passage of Ordinance No. 36 -11 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, amending Ordi-
nance 32 -11, approving an amended Campus Development Plan for Hillcrest Family Services
Institutional District for a new chapel. Seconded by Braig. Motion carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 36 -11
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, RESCINDING ORDINANCES 41 -92, 55 -00, 18 -03 AND 08 -09, AND
APPROVING AN AMENDED CAMPUS DEVELOPMENT PLAN FOR HILLCREST FAMILY
SERVICES INSTITUTIONAL DISTRICT FOR A NEW CHAPEL, GYMNASIUM AND CLASS-
ROOM BUILDING.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances Unified Development
Code and rescind Ordinances No. 41 -92, 55 -00, 18 -03 and 08 -09 and adopting a revised
campus development plan for a new Chapel, Gymnasium„ and Classroom Buildings for the
Hillcrest Family Services Institutional District for the following property, to wit:
All of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision, except the southeasterly 38
feet thereof, Lot 2 of the Subdivision of Lot 1 of Lot 2 of Mineral Lot 261; Lot 1 of the
Subdivision of Lot 1 of Lot 2 of Mineral Lot 261, Mettel Link Place; Lot 2 of Lot 2 of Lot 1
of Lot 2 of Lot 1 of Lot 1 of Link's subdivision; Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of
Lot 2 of Lot 1 of Lot 1 of Link's Subdivision; and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision; Lot 1 and Lot 2 of Peterson's Subdivision;
22
all of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision except for the southeasterly 38
feet thereof, Lot 4 of 1 and Lot 5 of 1 of Link's Subdivision, and to the centerline of the
adjoining public right -of -way, all in the City of Dubuque, Iowa.
Section 2. That in order to accomplish the purposes of the ID Institutional district and of the
Zoning Ordinance, the above - described property is subject to the following conditions and re-
strictions:
A. Use Regulations
The following regulations shall apply to all uses made of land in the above - described
ID Institutional District:
1. Principal permitted uses shall be limited to the following:
a. Residential care facilities.
b. Classrooms.
c. Offices for administrative personnel or other institutional employees or af-
filiates.
d. Place of religious exercise or assembly for the primary use and benefit of
institutional residents or affiliates.
e. Off - street parking and loading.
f. Recreational or athletic facilities for the primary use and benefit of institu-
tional residents or affiliates.
g. Existing private uses of structures situated within an ID District for which
the R -3 District standards shall apply.
2. Conditional use shall be regulated by Section 5 -22.2 of the Unified Development
Code.
3. Accessory uses shall be regulated by Section 5 -22.3 of the Unified Development
Code.
B. Lot and Bulk Regulations
Development of land in the ID Institutional District shall be regulated as follows:
1. That the proposed chapel, gymnasium and classroom buildings shall be located
in substantial conformance with the attached amended conceptual development
plan.
2. A minimum front yard setback of 25 feet is required for all structures.
3. That all previously- approved campus development plans are hereby superseded
to allow for the attached development plan.
C. Site Development Standards
The site development standards for this ID Institutional District shall be established
as follows:
1. Site plans shall be submitted in compliance with Section 12 Site plans of the Uni-
fied Development Code.
2. New outdoor lighting shall comply with Section 13 -3.1 Site Lighting of the Unified
Development Code.
3. That storm water from new facilities shall comply with Section 13 -3.3 Storm Wa-
ter Management of the Unified Development Code.
4. Landscaping and screening requirements shall be established in accordance with
the requirements of Section 13 -4.4 of the Unified Development Code. Trash en-
closures shall comply with Section 13 -4.9 Exterior Trash Collection Areas of the
Unified Development Code.
D. Sign Regulations
The sign regulations shall be the same as that which are allowed for ID Districts in
Section 15 -11.13 of the Unified Development Code of the City of Dubuque, Iowa.
23
E. Parking Standards
The off - street parking requirement for the principal permitted uses for the herein de-
scribed ID Institutional District shall be regulated as follows:
1. That 20 off - street parking spaces shall be added adjacent to the proposed gym-
nasium /classroom buildings.
2. That new off - street parking spaces shall be designed and constructed in compli-
ance with Section 13 -3.5 Parking Lot Layout of the Unified Development Code.
3. Any significant expansion or reduction in the number of off - street parking spaces
must be reviewed by Planning Services staff for compliance with the adopted
Hillcrest Family Services Institutional District.
F. Transfer of Ownership
Transfer of ownership or lease of property in this ID Institutional District shall include
the transfer or lease agreement, the provision that the purchaser or leasee acknowl-
edges awareness of the conditionals authorizing the establishment of this district.
G. Modifications
Any modifications of this Ordinance must be approved by the City council in accord-
ance with zoning reclassification proceedings of Section 9 -5 of the Unified Develop-
ment Code.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4. This Ordinance shall take effect immediately upon publication, as provided by
law.
Passed, approved and adopted this 18th day of July,2011.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, Acting City Clerk
Published officially in the Telegraph Herald Newspaper the 22nd day of July, 2011.
/s /Kevin S. Firnstahl, Acting City Clerk
Redistricting Plan for City Wards and Precincts: Proof of Publication on notice of public
hearing to review and approve the new Ward and Precinct Redistricting maps, agreement with
Dubuque County and the City Manager recommending approval. Motion by Connors to receive
and file the documents, approve the agreement, and that the requirement that a proposed or-
dinance 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 Jones. The public hearing was opened
and held. No vote was taken on the first motion. Responding to questions from the City Coun-
cil, County Auditor Denise Dolan stated that the new boundaries will take effect January 1,
2012 and would not affect the 2011 election. Motion by Jones to recess the public hearing and
table to the August 1, 2011 City Council meeting. Seconded by Connors. Motion carried 7 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Amendment to Housing Code: City Manager recommending an amendment to the Housing
Code at Section 6 -6 -11A removing Sections 6 and 7 related to the Habitual Offender definition.
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 meet-
ing at which it is to be passed be suspended. Seconded by Jones. Motion carried 7 -0.
24
Motion by Connors for final consideration and passage of Ordinance No. 37 -11 Amending
City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation, and Environment,
Chapter 6 Housing Regulations, Section 6 -6 -11 Habitual Violator by removing the provision
relating to violations of other codes and changing the title. Seconded by Braig. Motion carried
7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 37 -11
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING,
SANITATION, AND ENVIRONMENT, CHAPTER 6 HOUSING REGULATIONS, SECTION 6-
6-11 HABITUAL VIOLATOR BY REMOVING THE PROVISION RELATING TO VIOLATIONS
OF OTHER CODES AND CHANGING THE TITLE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6 -6 -11 of the City of Dubuque Code of Ordinances is amended to read
as follows:
6 -6 -11: PRIORITY CATEGORY:
A. Priority Category: The city manager may designate a property owner, manager, or li-
censed real estate professional a priority category for purposes of the housing code if three (3)
times within a period of twelve (12) consecutive months the property owner, manager, or li-
censed real estate professional:
1. Has a rental license suspended;
2. Has a rental license revoked;
3. Is noncompliant with housing code orders in excess of ninety (90) days without either
an extension of time or variance from the housing code appeals board or good faith
progress as determined by the city manager;
4. Fails to perform a mandated criminal background check on a tenant;
5. Receives a citation for a housing code violation;
Section 2. This Ordinance takes effect upon publication.
Passed, approved and adopted the 18th day of July, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, Acting City Clerk
Published officially in the Telegraph Herald Newspaper the 22nd day of July, 2011.
/s /Kevin S. Firnstahl, Acting City Clerk
General Obligation Bonds: City Manager recommending advertisement for the sale of the
$6,330,000 General Obligation Bonds, Series 2011A and $1,590,000 Taxable General Obliga-
tion Bonds, Series 2011 B and approval of the electronic bidding procedures. Motion by Jones
to receive and file the documents and adopt Resolution No. 236 -11 Directing the advertise-
ment for sale of $6,330,000 General Obligation Bonds, Series 2011A and $1,590,000 Taxable
General Obligation Bonds, Series 2011 B, and approving electronic bidding procedures. Se-
conded by Braig. Motion carried 7 -0.
RESOLUTION NO. 236 -11
RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $6,330,000 GENERAL
OBLIGATION BONDS, SERIES 2011A AND $1,590,000 TAXABLE GENERAL OBLIGA-
TION BONDS, SERIES 2011B, AND APPROVING ELECTRONIC BIDDING PROCEDURES
25
Whereas, the City of Dubuque, Iowa (the "City ") is in need of funds to pay costs of the ac-
quisition, construction, reconstruction, improvement and equipping of waterworks, water mains
and extensions, including water main and fire hydrant replacements, pump station and labora-
tory improvements and well field electrical upgrades; the construction of the Southwest Arterial
freeway improvements; the acquisition of solid waste collection vehicles; the construction of
the Bee Branch Creek Restoration Project and the acquisition of real property and right -of -way
for the same; the acquisition of flood control barriers; the construction, reconstruction, im-
provement and repair of sanitary sewer works and facilities, including the installation of
forcemain and sewer main extensions, the rehabilitation, reconstruction and replacement of
existing sanitary sewers, and the acquisition, installation, replacement and improvement of
pumping stations, motors, flow monitoring and other sanitary sewer control equipment and fa-
cilities; and the payment of costs associated with the stipulated civil penalty and supplemental
environmental project required under the Consent Decree with federal and state authorities
concerning the Water Pollution Control Plant and sanitary sewer system, essential corporate
purpose projects, and it is deemed necessary and advisable that the City issue general obliga-
tion bonds for said purpose in the amount of not to exceed $7,035,000 as authorized by Sec-
tion 384.25 of the City Code of Iowa; and
Whereas, pursuant to notice published as required by Section 384.25 this Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issuance of the
above described Bonds, and all objections, if any, to such Council action made by any resident
or property owner of said City were received and considered by the Council; and it is the deci-
sion of the Council that additional action be taken for the issuance of said Bonds, and that
such action is considered to be in the best interests of said City and the residents thereof; and
Whereas, the City also is in need of funds to pay costs of aiding in the planning, undertaking
and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa and
the Amended and Restated Urban Renewal Plans for the Dubuque Industrial Center West
Economic Development District and the Greater Downtown Urban Renewal Area, including
those costs associated with grading and road construction on the South Siegert Farm area of
DICW, and emergency repairs to the Port of Dubuque Parking Ramp and related litigation ex-
penses, and it is deemed necessary and advisable that the City issue general obligation urban
renewal bonds for said purpose to the amount of not to exceed $1,265,000 as authorized by
Sections 403.12 and 384.24(3)(q) of the Code of Iowa; and
Whereas, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this
Council has held a public meeting and hearing upon the proposal to institute proceedings for
the issuance of the above described Bonds, and no petitions were filed calling for an election
thereon and all objections, if any, to such Council action made by any resident or property
owner of said City were received and considered by the Council; and it is the decision of the
Council that additional action be taken for the issuance of said Bonds, and that such action is
considered to be in the best interests of said City and the residents thereof; and
Whereas, the City also is in need of funds to pay costs of the rehabilitation, renovation and
reconstruction of the former 18th Street Fire Engine House #1, including the provision of con-
struction financing to the private developer undertaking the rehabilitation of the same; and the
re- tamping of the Iowa Street Parking Ramp facility, general corporate purposes, and it is
deemed necessary and advisable that the City issue general obligation bonds for said purpose
to the amount of not to exceed $700,000 as authorized by Section 384.26 of the Code of Iowa;
and
Whereas, pursuant to notice published as required by Section 384.26 this Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issuance of the
above described Bonds, and no petitions were filed calling for an election thereon and all ob-
26
jections, if any, to such Council action made by any resident or property owner of said City
were received and considered by the Council; and it is the decision of the Council that addi-
tional action be taken for the issuance of said Bonds, and that such action is considered to be
in the best interests of said City and the residents thereof; and
Whereas, pursuant to Section 384.28 of the Code of Iowa, it is appropriate to offer the fore-
going Bonds for sale in two separate series, in the aggregate principal amounts as hereinafter
described; and
hereas, a preliminary form of Official Statement has been prepared for the purpose of offer-
ing the Bonds for sale to the public; and
Whereas, it is appropriate that the form of the preliminary Official Statement be approved
and deemed final and, upon completion of the same, that the preliminary Official Statement be
used in connection with the offering of the Bonds for sale to the public; and
Whereas, the Council has received information from its financial advisor recommending that
sealed and electronic facsimile and Internet bidding be authorized for the sale of the Bonds,
and that such procedures will maintain the integrity and security of the competitive bidding pro-
cess and facilitate the delivery of bids by interested parties; and
Whereas, the Council deems it in the best interests of the City and the residents thereof to
receive bids to purchase such Bonds by means of sealed and electronic facsimile and Internet
communication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the receipt of electronic bids by facsimile machine and through the PARITY
competitive bidding system described in the Notice of Sale are hereby found and determined
to provide reasonable security and to maintain the integrity of the competitive bidding process,
and to facilitate the delivery of bids by interested parties in connection with the offering of the
Bonds hereinafter described at public sale.
Section 2. That the preliminary Official Statement in the form presented to this meeting be
and the same hereby is approved as to form and deemed final for purposes of Rule 15c2 -12 of
the Securities and Exchange Commission, subject to such revisions, corrections or modifica-
tions as the Finance Director, upon the advice of bond counsel and the City's financial advisor,
shall determine to be appropriate, and is authorized to be distributed thereafter in connection
with the offering of the Bonds for sale.
Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of
sale of said Bonds at least once, the last one of which shall be not less than four clear days
nor more than twenty days before the date of the sale. Publication shall be made in the Tele-
graph Herald, a legal newspaper, printed wholly in the English language, published within the
county in which the Bonds are to be offered for sale or an adjacent county. Said notice is given
pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 1st day of
August, 2011, at 6:30 o'clock P.M., will hold a meeting to receive and act upon bids for said
Bonds; said notice to be in substantially the [provided] form:
Passed and approved this 18th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Iowa Finance Authority — Caradco, LLLP: City Manager recommending approval of a $4.5
million load utilizing funding from the Iowa Finance Authority (IFA) to Caradco Building, LLLP.
Motion by Connors to receive and file the documents and approve the recommendation. Se-
conded by Jones. Motion carried 7 -0.
27
International Business Machines (IBM) — Amendment to Joint Development Agreement No.
W0954778: City Manager recommending approval of an amendment to the existing IBM Joint
Development Agreement on Smarter Water to extend and expand the community access to
Smarter Water information and tools. Motion by Jones to receive and file the documents and
approve the recommendation. Seconded by Braig. Motion carried 7 -0.
Meter Interface Units (MIU) Project: City Manager recommending approval of a Change Or-
der in the estimated amount of $43,056 to change out approximately 509 existing Neptune R-
900 Meter Interface Units (MIUs) with the Neptune R -450 MIUs and the removal of four (4)
Gateway Antennas. Motion by Jones to receive and file the documents and approve the rec-
ommendation. Seconded by Connors. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Jones asked that staff evaluate the impact of the current heat wave on employees and citi-
zens.
Resnick reported on the positive remarks about the city he received from a former student
who recently moved back to Dubuque.
Connors suggested local agencies such as Dubuque Main Street take efforts to familiarize
new residents with local events.
CLOSED SESSION
Motion by Jones to go into closed session at 7:36 p.m. regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Braig. Mo-
tion carried 7 -0.
Upon motion the City Council reconvened in open session at 7:52 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 7:53 p.m.
Kevin S. Firnstahl
Acting City Clerk
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