4 16 12 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on April 16, 2012 in
the Historic Federal Building.
Present: Mayor Pro -Tem Jones; Council Members Braig, Connors, Lynch, Resnick,
Sutton; City Manager Van Milligen, Assistant City Attorney Brumwell
Absent: Mayor Buol, City Attorney Lindahl
Mayor Pro -Tem Jones read the call and stated this is a regular session of the City
Council to act upon such business that may properly come before the Council.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
PROCLAMATION(S)
Week of the Young Child (April 22 -28, 2012) was accepted by Sherri Edwards, Director,
Dubuque County Early Childhood, 2728 Asbury Road.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Rensick. Motion carried 6 -0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
1/24 and 2/28, Cable TV Commission of 4/3, City Council proceedings of 4/2, Civil
Service Commission of 3/15 and 4/6, Housing Commission of 3/27, Housing Trust Fund
Committee of 8/19/11 and 4/4/12, Transit Advisory Board of 3/8, Zoning Advisory
Commission of 4/4, Zoning Board of Adjustment of 3/22
Proofs of publication for City Council proceedings of 3/19 and List of Claims and
Summary of Revenues for Month Ending 2/29
Upon motion the documents were received and filed.
Review of Denial of Claim by Gary and Shirley Jameson: City Attorney
recommending denial of an appeal of a claim against the City for property damage filed
by Gary and Shirley Jameson. Upon motion the documents were received, filed and
concur with denial.
Intermodal Contract Amendment 3: City Manager is transmitting information on
Amendment 3 to the Intermodal Contract with IIW Engineers for selection of an
Intermodal site and extra work required regarding the location of a bus storage facility.
Upon motion the documents were received, filed, and approved.
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Intermodal Contract Amendment 4: City Manager transmitting information on
Amendment 4 to the Intermodal Contract with IIW Engineers for selection of an
Intermodal site and extra work required related to an environmental review of the rail
line and overnight location site for passenger rail service. Upon motion the documents
were received, filed, and approved.
2012 -2013 Urban Deer Management Plan: City Manager recommending approval of
the 2012 -2013 City of Dubuque Urban Deer Management Plan. Upon motion the
documents were received, filed, and approved.
2011 National Park Service (NPS) Reports: City Manager transmitting the 2011
National Park Service (NPS) Annual Products Report and Baseline Questionnaire.
Upon motion the document was received and filed.
New Terminal Aircraft Deice Fluid (ADF) Containment /Collection Project: City
Manager recommending approval of funding the Aircraft Deice Fluid (ADF) Containment
facility in the Fiscal Year 2013 budget rather than the Fiscal Year 2014 budget. Upon
motion the documents were received, filed, and approved.
Five Flags Center - Fiscal Year 2013 Detailed Operating Budget: City Manager
recommending approval of the Fiscal Year 2013 Five Flags Center proposed operating
budget submitted by SMG. Upon motion the documents were received, filed, and
approved.
Flood Disaster Legislative Amendment: City Manager recommending approval of a
contract with David Adelman of Cornerstone in the amount of $7,500 to assist City staff
in amending House File 2465 to provide eligibility for the City of Dubuque's Bee Branch
project for State of Iowa Flood Disaster money. Upon motion the documents were
received, filed, and approved.
Acceptance of Storm Sewer Easements - 2600 and 2608 Matthew John Drive: City
Manager recommending acceptance of storm sewer easements from Gerald D. and
Patricia H. Richard and James F. and Karilyn M. Steffen for a storm sewer extension
across 2600 and 2608 Matthew John Drive. Upon motion the documents were received
and filed and Resolution No. 89 -12 Accepting the grant of an easement for storm sewer
under and across Lot 2 Harvest View Estates 4th Addition in the City of Dubuque,
Dubuque County, Iowa; and Resolution No. 90 -12 Accepting the grant of an easement
for storm sewer under and across Lot 3 Harvest View Estates 4th Addition in the City of
Dubuque, Dubuque County, Iowa, were adopted.
RESOLUTION NO. 89 -12
ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER UNDER AND
ACROSS LOT 2 HARVEST VIEW ESTATES 4TH ADDITION IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, James F. and Karilyn M. Steffen have executed a Grant of Easement for
Storm Sewer through, under and across Lot 2 Harvest View Estates 4th Addition in the
City of Dubuque, Dubuque County, Iowa.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grant of Easement for Storm Sewer through, under and
across Lot 2 Harvest View Estates 4th Addition in the City of Dubuque, Dubuque
County, Iowa, from James F. and Karilyn M. Steffen, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 16th day of April, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 90 -12
ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER UNDER AND
ACROSS LOT 3 HARVEST VIEW ESTATES 4TH ADDITION IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Gerald D. and Patricia H. Richard have executed a Grant of Easement for
Storm Sewer through, under and across Lot 3 Harvest View Estates 4th Addition in the
City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grant of Easement for Storm Sewer through, under and
across Lot 3 Harvest View Estates 4th Addition in the City of Dubuque, Dubuque
County, Iowa, from Gerald D. and Patricia H. Richard, a copy of which is attached
hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 16th day of April, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Landfill Equipment Operator Position: City Manager recommending approval to
create one additional Landfill Equipment Operator position. Upon motion the documents
were received, filed, and approved.
Dubuque Metropolitan Area Solid Waste Agency (DMASWA): Correspondence from
the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) notifying the City that
DMASWA is extending the Waste Delivery Contract with the City for an additional one -
year term commencing July 1, 2012 through June 30, 2013. Upon motion the
documents were received and filed.
Civil Service Commission: Civil Service Commission submitting the certified lists for
the positions of Bus Operator, Firefighter, Fire Equipment Operator, Fire Lieutenant,
Fire Captain, EMS Supervisor, Assistant Fire Chief, and Assistant Fire Marshal. Upon
motion the documents were received, filed and made a Matter of Record.
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March 15, 2012
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Bus Operator was administered on February 28, 2012. 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.
Bus Operator
Steve Heinz, Douglas Brehm, Jeffrey Welp, Larry Maule, Joyce Lucas
Respectfully submitted,
Daniel White, Chairperson
Betty Takes
Civil Service Commission
April 6, 2012
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Fire Entry was administered on March 3, 2012. 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 one (1) year from above date.
Fire
Douglas Merkes
Ryan Kieffer
Daniel Dietzel
Kyle DuPrey
Travis Kirby
Michael Breitbach
Bradley Soat
Mitchell Smith
Corey LuGrain
Kyley Fentress
Jeff Schmitt
Scott Brachman
Samuel Janecke
Robert Reed
Jason Staner
Alexander Miller
Kenneth Syverson
Andrew Sprenglemeyer
Elliot McAllister
Ryan Haxmeier
Entry
Kyle Mueller
Daniel Dietzel
Brandon Rondeau
Ross Dillavon
Robert Klaren
Daniel Congdon
Corey Braunschweig
Susanna Duggan
Jacob Reiff
Noel Spencer - Motyko
Adam Kehler
Anthony Ambrosy
Seth Haan
Amos Langolis
Matthew Spangler
Kenneth Syverson
Eric Blaser
Cory McFarland
Benjamin Olberding
Timothy Schmidt
Shawn Mercer
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Respectfully submitted,
Daniel White, Chairperson
Betty Takes
Civil Service Commission
April 6, 2012
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, examinations for the positions
of Fire Equipment Operator, Fire Lieutenant, Fire Captain, EMS Supervisor, Assistant
Fire Chief, and Assistant Fire Marshal were given on March 6 -8, 2012. We hereby
certify that the individuals listed below have passed these written examinations and the
vacancy for these positions should be made from this list and that this list is good for
one (2) years from above date.
Fire Equipment Operator
Michael Lynch, Morgan Eitter, Brad Kruse, Jeff Powers, Brian McAuliffe, Mark Weitz,
Derek Paulson, Jason Lueken, Amie Wilson, Michael Kuhn, Martin Fitzpatrick
Fire Lieutenant
Joshua Knepper, Derek Paulson, Nicholas Esch, David McQuiggin, Morgan Eitter,
Michael Lynch, Amie Wilson, David Beeves, David Grass, Brian McAuliffe
Fire Captain
Kevin Esser, David McQuiggin, Calvin Motsch, David Grass, Dennis Bradley, James
Abitz, Ted George, Steve Berkley
EMS Supervisor
Dennis Bradley, David Grass
Assistant Fire Chief
Mark Burkle, Larry Ewert
Assistant Fire Marshal
Jesse Coulson, David Grass, Joseph Blodgett, Christopher Miller, Calvin Motsch,
Wayne Dow
Respectfully submitted,
Daniel White, Chairperson
Betty Takes
Civil Service Commission
Signed Contracts: Short Form Improvement Contract with Fischer Brothers, LLC for
the Sutton Pool Water Slide Refinishing. Upon motion the document was received and
filed.
Cookin' Something Up - Order Setting Hearing: City Manager recommending that the
City Council reschedule the April 2, 2012 Alcohol Compliance Hearing for Cookin'
Something Up until June 4, 2012, due to a conflict for their legal representative. Upon
motion the documents were received, filed, and approved.
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Alcohol Compliance Civil Penalty for Alcohol License Holders - Adobo's Mexican
Grill: City Manager recommending approval of the Acknowledgment /Settlement
Agreement for an alcohol compliance violation for Adobo's Mexican Grill, 756 Main
Street. Upon motion the documents were received, filed, and approved.
Alcohol and Tobacco License Applications: City Manager recommending approval of
annual liquor, beer, wine and tobacco license as submitted. Upon motion the
documents were received and filed and Resolution No. 91 -12 Approving applications for
beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances
Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor,
Beer and Wine Licenses and Permits; and Resolution No. 92 -12 Approving applications
for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A were
adopted.
RESOLUTION NO. 91 -12
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B
LIQUOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City 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 the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
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 to be issued the
following named applicants and permit types.
16Th Street Auto /Truck Plaza
Catfish Festival
Dubuque County Fine Arts Society
Dubuque and All that Jazz (06-
15)(07-20)(08-17)(09-07)
Dubuque Golf & Country Club
Dubuque Jaycees, Inc. (ARF)
Kma rt # 4018
Kwik Stop Food Mart
Marco's Italian American Food
Oky Doky #1
1215 E 16th St.
McDonald Park
489 Fourth St.
Town Clock Plaza, 7th
and Main St.
1800 Randall PI.
501 Bell St.
2600 Dodge St.
2360 Central Ave.
2022 Central Ave.
250 W l st St.
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Class C Beer, Class B Native Wine
(Sunday)
Special 5 Day Class B Beer Includes
Wine Coolers (Outdoor)
Special 5 Day Class C Liquor
Beer/Wine (Outdoor)(Sunday)
Special 5 Day Class B Beer Includes
Wine Coolers (Outdoor)
Class A Liquor (Private Club)
Special 5 day Class B Beer Includes
Wine Coolers ( Outdoor)(Sunday)
Class B Wine, Class C Beer
(Sunday) Carryout Wine)
Class E Liquor, Class B Native Wine,
Class C Beer (Carryout)(Sunday)
Class C Liquor
Class C Beer, Class B Wine
(Carryout Wine) (Sunday)
Paro Food Mart
Ron's Discount Smokes &
Beverage Center
Ron's Five Point Mart
Tobacco Outlet Plus #504
West Dubuque Tap
3200 Central Ave.
1450 Loras Blvd.
405 Rhomberg Ave.
806 Wacker Dr. Suite
140
1701 Asbury Rd.
Class C Beer (Sunday)
Class C Beer (Sunday)
Class C Beer (Sunday)
Class C Beer, Class B Native Wine
(Sunday)
Class C Liquor (Sunday)
Passed, approved and adopted this 16th day of April, 2012.
Ric Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 92 -12
APPROVING APPLICATIONS FOR RETAIL CIGARETTE /TOBACCO SALES
PERMITS, AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Cigarette /Tobacco Sales have been submitted and filed
with the City 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 the applicants have filed the proper fees
and otherwise complied with the requirements of the Code of Ordinances.
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 to be issued the
following named applicants and locations for cigarette /tobacco sales permit.
Bob's Bodega 197 Main St. Expiration Date June 30, 2012
Passed, approved and adopted this 16th day of April, 2012.
Ric Jones, Mayor Pro tem
Attest: Kevin S. Firnstahl, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Resnick. Motion carried 6 -0.
General Corporate Purpose General Obligation Bonds - $475,000: City Manager
recommending that a public hearing be set for May 7, 2012, on the proposition of selling
not to exceed $475,000 in General Obligation Bonds, the proceeds of which will be
used to pay costs of repainting the Library mezzanine ceiling and installation of security
cameras in the Locust Street Ramp. Upon motion the documents were received and
filed and Resolution No. 93 -12 Fixing date for a meeting on the proposition of the
issuance of not to exceed $475,000 of General Obligation Bonds and providing for
publication of notice thereof was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on May 7, 2012 in the Historic Federal Building.
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RESOLUTION NO. 93 -12
FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF
NOT TO EXCEED $475,000 OF GENERAL OBLIGATION BONDS AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa, is in need of funds to carry out certain general
corporate purpose projects as hereinafter described; and, it is deemed necessary that it
should issue general obligation bonds to the amount of not to exceed $475,000 as
authorized by Section 384.26(5) of the City Code of Iowa, for the purpose of providing
funds to pay costs thereof; and
Whereas, said City has a population of more than 5,000, but not more than 75,000,
and the amount of said proposed bond issue is not more than $700,000; and
Whereas, before said bonds may be issued, it is necessary to comply with the
provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the
proposal to issue such bonds and the right to petition for an election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 7th day of May, 2012, for the
purpose of taking action on the matter of the issuance of not to exceed $475,000 of
General Obligation Bonds, the proceeds of which bonds will be used to provide funds to
pay costs of the acquisition and installation of security cameras in the Locust Ramp,
and Library repairs and improvements, and shall bear interest at a rate not exceeding
the maximum specified in the attached notice.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting in a legal 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 ten clear days before the date of said public meeting
on the issuance of said bonds.
Section 3. The notice of the proposed action to issue said bonds shall be in
substantially the [provided] form:
Passed and approved this 16th day of April, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
General Corporate Purpose General Obligation Bonds - $600,000: City Manager
recommending that a public hearing be set for May 7, 2012, on the proposition of selling
not to exceed $600,000 in General Obligation Bonds, the proceeds of which will be
used to pay costs of City Hall exterior brick work. Upon motion the documents were
received and filed and Resolution No. 94 -12 Fixing date for a meeting on the proposition
of the issuance of not to exceed $600,000 of General Obligation Bonds and providing
for publication of notice thereof was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on May 7, 2012 in the Historic Federal Building.
RESOLUTION NO. 94 -12
FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF
NOT TO EXCEED $600,000 OF GENERAL OBLIGATION BONDS AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa, is in need of funds to carry out certain general
corporate purpose projects as hereinafter described; and, it is deemed necessary that it
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should issue general obligation bonds to the amount of not to exceed $600,000 as
authorized by Section 384.26(5) of the City Code of Iowa, for the purpose of providing
funds to pay costs thereof; and
Whereas, said City has a population of more than 5,000, but not more than 75,000,
and the amount of said proposed bond issue is not more than $700,000; and
Whereas, before said bonds may be issued, it is necessary to comply with the
provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the
proposal to issue such bonds and the right to petition for an election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 7th day of May, 2012, for the
purpose of taking action on the matter of the issuance of not to exceed $600,000 of
General Obligation Bonds, the proceeds of which bonds will be used to provide funds to
pay costs of City Hall repairs and improvements, including brick tuck - pointing, and shall
bear interest at a rate not exceeding the maximum specified in the attached notice.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting in a legal 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 ten clear days before the date of said public meeting
on the issuance of said bonds.
Section 3. The notice of the proposed action to issue said bonds shall be in
substantially the [provided] form:
Passed and approved this 16th day of April, 2012.
Roy D. Buol,Mayor
Attest: Kevin S. Firnstahl, City Clerk
General Corporate Purpose General Obligation Borrowing - $700,000: City Manager
recommending that a public hearing be set for May 7, 2012, on the proposition of selling
not to exceed $700,000 in General Obligation Bonds, the proceeds of which will be
used to pay costs of Fire Station improvements, Five Flags Arena roof and light fixtures
replacement and replacement of the Grand River Center outdoor sign. Upon motion the
documents were received and filed and Resolution No. 95 -12 Fixing date for a meeting
on the proposition of the issuance of not to exceed $700,000 of General Obligation
Bonds and providing for publication of notice thereof was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on May 7, 2012 in the Historic Federal
Building.
RESOLUTION NO. 95 -12
FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF
NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa, is in need of funds to carry out certain general
corporate purpose projects as hereinafter described; and, it is deemed necessary that it
should issue general obligation bonds to the amount of not to exceed $700,000 as
authorized by Section 384.26(5) of the City Code of Iowa, for the purpose of providing
funds to pay costs thereof; and
Whereas, said City has a population of more than 5,000, but not more than 75,000,
and the amount of said proposed bond issue is not more than $700,000; and
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Whereas, before said bonds may be issued, it is necessary to comply with the
provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the
proposal to issue such bonds and the right to petition for an election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 7th day of May, 2012, for the
purpose of taking action on the matter of the issuance of not to exceed $700,000 of
General Obligation Bonds, the proceeds of which bonds will be used to provide funds to
pay costs of the reconstruction, repair and improvement of Fire Station #4, the Civic
Center and the Grand River Conference Center, and shall bear interest at a rate not
exceeding the maximum specified in the attached notice.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting in a legal 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 ten clear days before the date of said public meeting
on the issuance of said bonds.
Section 3. The notice of the proposed action to issue said bonds shall be in
substantially the [Provided] form:
Passed and approved this 16th day of April, 2012.
Roy D. Buol, Mayor
Attest: Kevin S., Firnstahl, City Clerk
Essential Corporate Purpose General Obligation Bonds - $8,650,000: City Manager
recommending that a public hearing be set for May 7, 2012, on the proposition of selling
not to exceed $8,650,000 in General Obligation Bonds, the proceeds of which will be
used to pay costs of water and sanitary utility extensions from Technology Park South
to the Airport, relocation of E911 equipment to a different tower, replacement of a Fire
pumper truck, roof replacement at Bunker Hill, improvements at Bunker Hill and Flora
and Sutton pools, local match of Federal Emergency Management Agency Flood
Buyout Program for properties sustaining substantial damage in the July 2011 flood
event, Airport improvements including local match on the New Terminal project and
sanitary sewer, storm water and water improvements. Upon motion the documents were
received and filed and Resolution No. 96 -12 Fixing date for a meeting on the proposition
of the issuance of not to exceed $8,650,000 General Obligation Bonds (for Essential
Corporate Purposes) of the City of Dubuque, Iowa, and providing for publication of
notice thereof was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on May 7, 2012 in the Historic Federal Building.
RESOLUTION NO. 96 -12
FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF
NOT TO EXCEED $8,650,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL
CORPORATE PURPOSES) OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa,
should issue General Obligation Bonds, to the amount of not to exceed $8,650,000, as
authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing
funds to pay costs of carrying out essential corporate purpose projects as hereinafter
described; and
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Whereas, before the Bonds may be issued, it is necessary to comply with the
provisions of the Code, and to publish a notice of the proposal to issue such Bonds and
of the time and place of the meeting at which the Council proposes to take action for the
issuance of the Bonds and to receive oral and /or written objections from any resident or
property owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 7th day of May, 2012, for the
purpose of taking action on the matter of the issuance of not to exceed $8,650,000
General Obligation Bonds, for essential corporate purposes of the City, the proceeds of
which Bonds will be used to provide funds to pay costs of reconstruction, extension and
improvement of the Dubuque Regional Airport; E911 Tower relocation; equipping the
municipal fire department; rehabilitation and improvement of existing City parks; FEMA
land buyouts for the acquisition and demolition of abandoned, dilapidated or dangerous
buildings, structures or properties, and the remediation of property and buildings
damaged by a disaster under Iowa Code Section 29C.2 which are located in an area
declared a disaster emergency by the President of the United States; acquisition,
construction, extension and improvement of works and facilities useful for the collection,
treatment and disposal of sewage and industrial waste and for the collection and
disposal of surface water and streams; acquisition, construction, improvement, repair
and equipping of the municipal water utility and real and personal property useful for
providing potable water.
Section 2. To the extent any of the projects or activities described in this resolution
may be reasonably construed to be included in more than one classification under
Division III of the City Code of Iowa, the Council hereby elects the "essential corporate
purpose" classification and procedure with respect to each such project or activity,
pursuant to Section 384.28 of the City Code of Iowa.
Section 3. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of the meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in the City.
The publication to be not less than four clear days nor more than twenty days before the
date of the public meeting on the issuance of the Bonds.
Section 4. The notice of the proposed action to issue the Bonds shall be in
substantially the [provided] form:
Passed and approved this 16th day of April, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Urban Renewal General Obligation Bonds - $5,575,000: City Manager
recommending that a public hearing be set for May 7, 2012 on the proposition of selling
not to exceed $5,575,000 in General Obligation Urban Renewal Bonds, the proceeds of
which will be used to fund urban renewal project activities under the authority of Chapter
403 of the Code of Iowa and the Amended and Restate Urban Renewal Plans for
Greater Downtown and Dubuque Industrial Center Urban Renewal Areas, including
those costs associated with the expansion of Dubuque Industrial Center West to
farmland known as South Siegert Farm and costs associated with Washington
Neighborhood Subarea (Includes Bluff/West Locust) Building Incentive & Rehabilitation
Program. This program provides low- interest loans and grants for rehabilitation and
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adaptive reuse of buildings in the Greater Downtown Urban Renewal District
Washington Neighborhood Subarea. Upon motion the documents were received and
filed and Resolution No. 97 -12 Fixing date for a meeting on the proposition of the
issuance of not to exceed $5,575,000 General Obligation Bonds (for Essential
Corporate Purposes) of the City of Dubuque, Iowa, and providing for publication of
notice thereof was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on May 7, 2012 in the Historic Federal Building.
RESOLUTION NO. 97 -12
FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF
NOT TO EXCEED $5,575,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL
CORPORATE PURPOSES) OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa,
should issue General Obligation Bonds, to the amount of not to exceed $5,575,000, as
authorized by Sections 384.24(3)(q) and 403.12, of the City Code of Iowa, for the
purpose of providing funds to pay costs of carrying out essential corporate purpose
(urban renewal) projects as hereinafter described; and
Whereas, before the Bonds may be issued, it is necessary to comply with the
provisions of the Code, and to publish a notice of the proposal to issue such Bonds and
of the time and place of the meeting at which the Council proposes to take action for the
issuance of the Bonds and to receive oral and /or written objections from any resident or
property owner of the City to such action, and to publish a notice of the proposal to
issue such Bonds and the right to petition for an election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 7th day of May, 2012, for the
purpose of taking action on the matter of the issuance of not to exceed $5,575,000
General Obligation Bonds, for essential corporate purposes of the City, the proceeds of
which Bonds will be used to provide funds to pay costs of aiding in the planning,
undertaking and carrying out of urban renewal project activities under 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 District, including those costs associated with grading, road
construction, bridge, utilities extensions and development of a recreation area on the
South Siegert Farm area of DICW and the funding of development incentives in the
Washington Neighborhood Subarea of the Greater Downtown Urban Renewal District.
Section 2. To the extent any of the projects or activities described in this resolution
may be reasonably construed to be included in more than one classification under
Division III of the City Code of Iowa, the Council hereby elects the "essential corporate
purpose" classification and procedure with respect to each such project or activity,
pursuant to Section 384.28 of the City Code of Iowa.
Section 3. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of the meeting in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in the City.
The publication to be not less than ten clear days before the date of the public meeting
on the issuance of the Bonds.
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Section 4. The notice of the proposed action to issue the Bonds shall be in
substantially the [Provided] form:
Passed and approved this 16th day of April, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS /COMMISSIONS
Environmental Stewardship Advisory Commission: One three -year term through
October 1, 2014 (Vacant term of Klostermann). Applicants: Julie Beck, 1390 Glen Oak
Street; Andrea Helgager, 40 Main Street, #300. Upon roll -call vote of 5 -1 (Sutton voting
for Helgager), Julie Beck was appointed to the Environmental Stewardship Advisory
Commission for a three -year term through October 1, 2014.
PUBLIC HEARINGS
Request to Amend Planned Unit Development - Asbury Plaza (Tabled from March 5,
2012): Proof of publication on notice of public hearing to consider a request by
O'Connor & Thomas, P.C., Asbury Dubuque, LC, and Richardson Investments, LLC to
amend the Asbury Plaza Planned Unit Development to allow for a right -in /right -out
access to the Northwest Arterial and to amend the list of permitted uses, height and sign
regulations and the Zoning Advisory Commission recommending approval.
City Manager recommending additional amendments to the Asbury Plaza Planned
Unit Development.
Correspondence from O'Connor & Thomas on behalf of the developers requesting
that the request to amend the Planned Unit Development for Asbury Plaza be tabled to
June 18, 2012. Motion by Connors to remove from the table. Seconded by Resnick.
Motion carried 6 -0.
Motion by Connors to table to June 18, 2012. Seconded by Lynch. Motion carried 6-
0.
Upon motion the rules were suspended to allow anyone present to address the City
Council.
Request to Rezone - 1700 Block of Rhomberg Avenue: Proof of publication on notice
of public hearing to consider a request from Mike Portzen / Holy Spirit Parish to rezone
property located in the 1700 block of Rhomberg Avenue from R -2A Two - Family
Residential District to R -4 Multi - Family Residential District and the Zoning Advisory
Commission recommending approval. 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 Lynch. Planning Services Laura Carstens provided
a staff report. Developer Mike Portzen stated that there will be 32 units available for sale
and that renting the units until they are purchased may also be an option. Portzen
added that background checks and covenants will be included in tenant /buyer
agreements. Motion carried 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 30 -12
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
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Code, by reclassifying hereinafter described property located in the 1700 block of
Rhomberg Avenue from R -2A Alternate Two - Family Residential District to R -4 Multi -
Family Residential District. Seconded by Braig. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 30 -12
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES,
UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED IN THE 1700 BLOCK OF RHOMBERG AVENUE FROM R -2A
ALTERNATE TWO- FAMILY RESIDENTIAL DISTRICT TO R-4 MULTI - FAMILY
RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by reclassifying the hereinafter described
property from R -2A Alternate Two - Family Residential District to R -4 Multi - Family
Residential District, to wit:
SW 29'2" of Lot 270, Lot 271 and NE 20'10" of Lot 270, Lots 272, 273, 274, 275,
276, 277 Ham's Addition, and Lots 234, 235, 236, 237, 238, 239, 240 and 241
Ham's Addition, and to the centerline of the adjoining public right -of -way, all in
the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect upon publications, as provided by law.
Passed, approved and adopted this 16th day of April, 2012.
/s /Ric W. Jones, Mayor Pro -Tem
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper the 20th day of April, 2012.
/s /Kevin S. Firnstahl, City Clerk
Second Annexation Request - 10924 Key West Drive: Proof of publication on notice
of public hearing to consider a second annexation request of Catherine C.
Christopherson for an additional parcel at 10924 Key West Drive and the City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 98 -12 Approving application for voluntary annexation of territory to the
City of Dubuque, Iowa. Seconded by Connors. Motion carried 6 -0.
RESOLUTION NO. 98 -12
APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO
THE CITY OF DUBUQUE, IOWA
Whereas, Catherine C. Christopherson, the property owner, has submitted a written
application for voluntary annexation of approximately 0.05 acre of land at 10924 Key
West Drive to the City of Dubuque, Iowa; and
Whereas, the annexation territory is not subject to an existing annexation moratorium
agreement; and
Whereas, the annexation territory does not include any railroad property; and
Whereas, Iowa Code section 368.7 authorizes the extension of City limits in
situations of this character by adoption of a resolution after notification and public
hearing; and
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Whereas, this annexation is consistent with the Comprehensive Plan of the City of
Dubuque; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal
services to the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the application of Catherine C. Christopherson, the property owner,
for voluntary annexation of approximately 0.05 acre of land at 10924 Key West Drive,
legally described as Lot 1 of Mineral Lot 479 lying west of Hwy, and adjoining property
owned by Iowa Department of Transportation (IDOT) in the Highway right -of -way and
legally described as Kerrigan Road Hgts — Lot 1A, all lying outside of the corporate
limits of the City of Dubuque, Iowa, in Section 12, Township 88N, Range 2E of the 5th
P.M., Dubuque County, Iowa, as shown on Exhibit A, is hereby approved for annexation
to the City of Dubuque, Iowa.
Section 2. That the abutting Dubuque County public right -of -way will be annexed to
the centerline of Key West Drive concurrent with the annexation of the subject property
in accordance with the provisions of Chapter 368 of the Iowa Code.
Section 3. That the abutting State of Iowa public right -of -way for U.S. Highway
61/151 will be annexed concurrent with the annexation of the subject property in
accordance with the provisions of Chapter 368 of the Iowa Code.
Section 4. That, subject to the approval of the Secretary of State, the corporate limits
of the City of Dubuque, Iowa, be and they hereby are extended to include the
approximately 0.19 acre of annexation territory as shown on Exhibit A.
Section 5. That the City Council of Dubuque, Iowa, does hereby certify that the City
of Dubuque has complied with the notice and hearing requirements of the Iowa Code
pertaining to voluntary annexation of territory outside an urbanized area of another city.
Section 6. That if Secretary of State approves this annexation, the territory hereby
annexed shall become a part of Precinct One of Ward One of the City of Dubuque,
Iowa.
Section 7. That the City Clerk shall file this resolution, all exhibits and the applications
for voluntary annexation with the State of Iowa in accordance with the provisions of
Chapter 368 of the Iowa Code.
Passed, approved and adopted this 16th day of April, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Fiscal Year 2012 Budget Amendment No. 2: Proof of publication on notice of public
hearing to consider the second Fiscal Year 2012 Budget Amendment, which amends
the Fiscal Year 2012 budget for City Council actions, and the City Manager
recommending approval. Motion by Connors to receive and file the documents and
adopt Resolution No. 99 -12 Amending the current budget for the Fiscal Year ending
June 30, 2012 (as amended last on September 29, 2011). Seconded by Braig. Motion
carried 6 -0.
31 -288
CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION
To the Auditor of DUBUQUE County, Iowa: The City Council of Dubuque in said
County /Counties met on 04/16/2012,at the place and hour set in the notice, a copy of
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which accompanies this certificate and is certified as to publication. Upon taking up the
proposed amendment, it was considered and taxpayers were heard for and against the
amendment.
The Council, after hearing all taxpayers wishing to be heard and considering the
statements made by them, gave final consideration to the proposed amendment(s) to
the budget and modifications proposed at the hearing, if any. thereupon, the following
resolution was introduced.
RESOLUTION NO. 99 -12
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR
ENDING JUNE 30, 2012 (AS AMENDED LAST ON 09/19/2011).
Be it resolved by the Council of the City of Dubuque;
Section 1. Following notice published 4 -12 -2012 and the public hearing held,
04/16/2012 the current budget (as previously amended) is amended as set out herein
and in the detail by fund type and activity that supports this resolution which was
considered at that hearing:
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Total Budget
as certified
or last amended
Current
Amendment
Total Budget
after Current
Amendment
Revenues & Other Financing Sources
20,559,847
0
20,559,847
Taxes Levied on Property 1
Less: Uncollected Property Taxes -Levy Year 2
0
0
0
Net Current Property Taxes 3
20,559,847
0
20,559,847
Delinquent Property Taxes 4
0
0
0
TIF Revenues 5
10,151,097
0
10,151,097
Other City Taxes 6
14,904,342
0
14,904,342
Licenses & Permits 7
1,254,672
0
1,254,672
Use of Money and Property 8
12,774,846
59,686
12,834,532
Intergovernmental 9
93,300,233
- 6,513,877
86,786,356
Charges for Services 10
32,839,797
-895
32,838,902
Special Assessments 11
441,100
1,437,235
1,878,335
Miscellaneous 12
8,190,899
- 43,358
8,147,541
Other Financing Sources 13
104,119,675
3,623,762
107,743,437
Total Revenues and Other Sources 14
298,536,508
- 1,437,447
297,099,061
Expenditures & Other Financing Uses
24,690,365
161,433
24,851,798
Public Safety 15
Public Works _ 16
12,038,363
39,600
12,077,963
Health and Social Services _ 17
1,020,504
-6,462
1,014,042
Culture and Recreation _ 18
9,999,106
395,445
10,394,551
Community and Economic Development 19
13,348,997
- 444,636
12,904,361
General Government 20
7,146,386
19,000
7,165,386
Debt Service 21
7,019,294
- 85,000
6,934,294
Capital Projects 22
109, 660,157
-9,486,563
100,173, 594
Total Government Activities Expenditures 23
184,923,172
- 9,407,183
175,515,989
Business Type / Enterprises 24
114,701,903
5,428,961
120,130,864
Total Gov Activities & Business
Expenditures
25
299, 625, 075
-3,978,222
295, 646, 853
Transfers Out 26
28,013,707
- 969,942
27,043,765
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Total Expenditures /Transfers Out 27
327,638,782
- 4,948,164
322,690,618
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out
Fiscal Year 28
- 29,102,274
3,510,717
- 25,591,557
Continuing Appropriation 29
0
N/A
0
Beginning Fund Balance July 1 30
39,718,581
0
39,718,581
Ending Fund Balance June 30 31
10,616,307
3,510,717
14,127,024
Passed this 16th day of April, 2012.
/s /Roy D. Buol, Mayor
/s /Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Retail Single -Use Plastic Bag Reporting Ordinance (Third Reading): City Manager
requesting approval of an Ordinance that will require retailers, based on size, to report
their purchase and distribution of plastic bags in order to measure community -wide
progress towards the adopted goal of reducing single -use plastic bag use 90% by 2017
in Dubuque.
Mayor Buol requesting that this item be tabled to May 7, 2012.
Chamber of Commerce President and CEO Molly Grover requesting to address the
City Council regarding the Chamber's position on the proposed Ordinance prior to the
third reading.
Motion by Braig to table the third reading of a proposed ordinance amending City of
Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment,
Chapter 2 Establishments and Hotel Sanitation, by Adopting a New Section 6 -2 -2
Single -Use Plastic Bag Reduction to May 7, 2012. Seconded by Connors. Motion
carried 6 -0
Caradco Landlord, LLC - Iowa Finance Authority Collateral Amendment: City
Manager recommending approval of an amendment to the loan documents for the $4.5
million loan provided by the Iowa Finance Authority to the City of Dubuque, which has in
turn been loaned by the City to Caradco Landlord, LLC for the Caradco Building Project.
Motion by Connors to receive and file the documents and approve the recommendation.
Seconded by Braig. Motion carried 6 -0.
PUBLIC INPUT
James Ferring, 1913 Jackson Street, addressed the City Council regarding an issue
he has with a local pawn shop being in possession of property that he alleges was
taken from his home during a robbery in June 2011. The City Manager referred Mr.
Ferring to Police Chief Mark Dalsing, who was present at the meeting.
There being no further business, upon motion the City Council adjourned at 7:02 p.m.
/s /Kevin S. Firnstahl
City Clerk
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