9 17 12 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 4:30 p.m. on September 17,
2012 at the Dubuque Regional Landfill, 14501 U.S. Hwy 20 W.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Resnick, Sutton; City
Manager Van Milligen; and Dubuque County Supervisor Eric Manternach
Absent: Council Member Lynch, City Attorney Lindahl
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a tour of the Dubuque Metropolitan Area Solid Waste
Agency — Landfill Cell #9.
WORK SESSION TOUR
Dubuque Metropolitan Area Solid Waste Agency — Landfill Cell #9 at the Dubuque
Regional Landfill, 14501 U.S. Hwy 20 W.
Public Works Director Don Vogt led a bus tour of the Dubuque Regional Landfill with
focus on the opening and configuration of Cell #9. Bev Wagner, Brian Christianson, Bob
Ramsey, Chris Lawn, Chuck Goddard, and Doug Hughes provided information on the
various areas, functions and lifespan of the landfill and responded to questions. Other
highlights included Regional Recycling Center, yard waste and shingling recycling pro-
cessing sites, flare station, and rock crushing area.
There being no further business, upon motion the City Council adjourned at 5:27 p.m.
/s /Kevin S. Firnstahl, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on September 17,
2012 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 regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
Presentation of the Colors by the Dubuque Honor Guard in honor of the 175th Anni-
versary of the Dubuque Police Department
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
PROCLAMATION(S)
Dubuque Police Department 175th Anniversary Week (September 23 -29, 2012) was
accepted by Police Chief Mark Dalsing, Captain Kevin Klein, and Corporal Travis Kra-
mer.
Day of Peace (September 21, 2012) was accepted by Clarke University Chaplain
Amy Golm and representatives of the Day of Peace Committee.
Kiwanis Peanut Days (September 28 & 29, 2012) was accepted by Kevin Stevens,
Dubuque Kiwanis Club Peanut Days Co- Chair.
CONSENT ITEMS
Motion by Connors to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Resnick. Motion carried 6 -0.
Minutes and Reports Submitted: City Council proceedings of 8/27, 8/28, and 9/4, Civil
Service Commission of 8/27 and 9/6, Community Development Advisory Commission of
9/5, Historic Preservation Task Force of 9/5, Housing Trust Fund Advisory Committee of
9/4, Human Rights Commission of 8/13, Park and Recreation Commission of 8/14, Zon-
ing Advisory Commission of 9/5, Zoning Board of Adjustment of 8/23, Proof of Publica-
tion for City Council proceedings of 8/20. Upon motion the documents were received
and filed.
Notice of Claims and Suits: Nicole Haverland for vehicle damage, Gary Pitzen for ve-
hicle damage, Christine Putnam for personal injury. Upon motion the documents were
received, filed and referred to the City Attorney.
2
Disposition of Claims: City Attorney advising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Nicole Haverland for vehicle damage, Gary Pitzen for vehicle damage.
Upon motion the documents were received, filed and concurred.
Government Finance Officers Association (GFOA): City Manager advising that the
Government Finance Officers Association (GFOA) has awarded the City a Certificate of
Achievement for Excellence in Financial Reporting for the 2011 Certified Annual Finan-
cial Report (CAFR). Upon motion the documents were received and filed.
Community Development Block Grant Recovery (CDBG -R): City Manager recom-
mending authorization for the Mayor to sign documents to close out the Community De-
velopment Block Grant Recovery (CDBG -R) associated with the American Recovery
and Reinvestment Act of 2009. Upon motion the documents were received and filed and
Resolution No. 238 -12 Authorizing execution of a Community Development Block Grant
Recovery (CDBG -R) Grant Closeout Agreement with the U.S. Department of Housing
and Urban Development was adopted.
RESOLUTION NO. 238 -12
AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT
RECOVERY (CDBG -R) GRANT CLOSEOUT AGREEMENT WITH THE U.S. DE-
PARTMENT OF HOUSING AND URBAN DEVELOPMENT
Whereas, the City of Dubuque has awarded a $328,269 Community Development
Block Grant Recovery (CDBG -R) grant from the U.S. Department of Housing and Urban
Development (HUD) for the in August 2009; and
Whereas, the City has completed all eligible activities for the CDBG -R program and
expended all funds; and
Whereas, a grant closeout agreement for the CDBG -R grant needs to be transmitted
to U. S. Department of Housing and Urban Development to close out the CDBG -R
grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant Closeout Agreement for the Community Development
Block Grant Recovery (CDBG -R) grant in the amount of $328,269 and identified as
Grant Number B- 09 -MY -19 -0004 is hereby accepted.
Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and
directed to execute said Grant Closeout Agreement on behalf of the City of Dubuque,
Iowa as per the grant requirements.
Section 3. That the City Manager is hereby authorized and directed to submit the
Grant Closeout Agreement and related documents for the Community Development
Block Grant Recovery Grant to the U.S. Department of Housing and Urban Develop-
ment.
Passed, approved and adopted this 17th day of September 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
Consolidated Annual Performance and Evaluation Report (CAPER): City Manager
recommending submission of the Consolidated Annual Performance and Evaluation
3
Report (CAPER) to the U.S. Department of Housing and Urban Development Depart-
ment (HUD) for the period of July 1, 2011 through June 30, 2012. Upon motion the doc-
uments were received and filed and Resolution No. 239 -12 Authorizing the submission
of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period
commencing July 1, 2011 and concluding June 30, 2012 was adopted.
RESOLUTION NO. 239 -12
AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFOR-
MANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING
JULY 1, 2011 AND CONCLUDING JUNE 30, 2012
Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the
Community Development Block Grant (CDBG) Program of the U.S. Department of
Housing and Urban Development (HUD); and
Whereas, the City of Dubuque, Iowa was awarded Homelessness Prevention and
Rapid Re- Housing Program (HPRP) funds in FY 2009; and
Whereas, the CDBG regulations require that no later than ninety (90) days after the
completion of a program year, each entitlement recipient must submit a performance
and evaluation report, Consolidated Annual Performance and Evaluation Report (CA-
PER); and,
Whereas, the City has 1) prepared a CAPER for the program year commencing July
1, 2011 and concluding June 30, 2012; 2) published notice of availability of the CAPER
in the Telegraph Herald and City of Dubuque website on August 17,2012; 3) made cop-
ies of the CAPER available for public review at the Carnegie Stout Public Library, City
Hall, Housing and Community Development Department and City of Dubuque website;
4) held a public hearing pursuant to published notice before the Community Develop-
ment Advisory Commission on September 5, 2012; and
Whereas, the Community Development Advisory Commission has voted to approve
the CAPER and to recommend City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Consolidated Annual Performance and Evaluation Report (CA-
PER) for the period commencing July 1, 2011 and concluding June 30, 2012 is hereby
approved for submission.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed
to execute the Consolidated Annual Performance and Evaluation Report (CAPER) on
behalf of the City of Dubuque, Iowa.
Section 3. That the City Manager is hereby authorized and directed to submit the
Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Depart-
ment of Housing and Urban Development.
Passed, approved and adopted this 17th day of September 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Iowa Finance Authority - Housing Trust Fund Application: City Manager recommend-
ing submittal of a grant request to the Iowa Finance Authority to support home owner-
ship activities in the Washington Neighborhood and to commit the matching funds. Up-
on motion the documents were received and filed and Resolution No. 240 -12 Approving
commitment of matching funds for an application to the Iowa Finance Authority (IFA) for
state housing trust funds was adopted.
4
RESOLUTION NO. 240 -12
APPROVING COMMITMENT OF MATCHING FUNDS FOR AN APPLICATION TO
THE IOWA FINANCE AUTHORITY (IFA) FOR STATE HOUSING TRUST FUNDS
Whereas, the Iowa Finance Authority has recognized Dubuque's Housing Trust Fund
Committee as a certified Local Housing Trust Fund; and
Whereas, IFA has made funding available in state -wide competition to local trust
funds for State Housing Trust Fund grants, in amounts based on population size; and
Whereas, a 25% local match is required for receipt of a funding award; and
Whereas, the Housing Trust Fund Committee has authorized an application to IFA for
a Housing Trust Fund award, in the amount of $147,637; and
Whereas, General Funds committed to the Washington Neighborhood revitalization
initiative are available in the current year Housing Department budget in sufficient
amount to meet the matching funds requirement; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves commitment of $37,000 in cur-
rent year General Funds as a match to the application for IFA State Housing Trust
Funds.
Section 2. That the Housing Trust Fund Committee, in accordance with Sec. 2 -5D -7
of the Code of Ordinances, shall have final authority to direct how such funds shall be
used in support of revitalization activities in the Washington Neighborhood.
Passed, approved and adopted this 17th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
City Council Goals and Priorities 2012 -2014: Submission of the 2012 -2014 City
Council goals and priorities from the August 27 and 28, 2012 City Council Goal Setting
Session. Upon motion the documents were received and filed.
Housing Trust Fund Advisory Committee: Correspondence from the Housing Com-
mission requesting approval for Commissioners Amy Eudaley and Jim Holz to be ap-
pointed as the Commission's representatives on the Housing Trust Fund Advisory
Committee. Upon motion the documents were received, filed, and approved.
Childhood Lead Poisoning Prevention Programs: City Manager recommending ap-
proval 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 Pro-
gram (CLPPP) and a renewed agreement with the Visiting Nurse Association for ser-
vices related to the CLPPP and Healthy Homes Program. Upon motion the documents
were received, filed, and approved.
Housing and Community Development Director - Limited Account Authorization: City
Manager recommending that Housing and Community Development Department Direc-
tor Alvin Nash be granted authority to sign checks for specialized City of Dubuque bank
accounts. Upon motion the documents were received and filed and Resolution No. 241-
12 Authorizing certain designated employees of the City of Dubuque authorization to
execute checks on behalf of the City of Dubuque was adopted.
5
RESOLUTION NO. 241 -12
AUTHORIZING CERTAIN DESIGNATED EMPLOYEES OF THE CITY OF DUBUQUE
AUTHORIZATION TO EXECUTE CHECKS ON BEHALF OF THE CITY OF DUBU-
QUE, IOWA
Whereas, the City of Dubuque deposits certain funds for specific use in local com-
mercial banking institutions; and
Whereas, the commercial banking institutions require authorization by the City Coun-
cil for City employees and others to sign checks and drafts drawn on such banking insti-
tutions; and
Whereas, the City Council has determined that the City employees who may sign
checks and drafts drawn on designated accounts on behalf of the City of Dubuque are
Housing and Community Development Director for checks issued for the City of Dubu-
que Section 8 Rental Assistance program drawn on account number 70 -262 -5 at Amer-
ican Trust and Savings Bank in Dubuque and Housing and Community Development
Director for checks issued for the City of Dubuque Housing Rehabilitation Loan program
drawn on account number 80 -965 -9 at American Trust and Savings Bank in Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Housing and Community Development Director is hereby authorized
to sign checks and drafts on behalf of the City of Dubuque for the Section 8 Rental As-
sistance program drawn on account number 70 -262 -5 at American Trust and Savings
Bank in Dubuque.
Section 2. The Housing and Community Development Director is hereby authorized
to sign checks and drafts on behalf of the City of Dubuque for checks issued for the City
of Dubuque Housing Rehabilitation Loan program account drawn on account number
80 -965 -9 at American Trust and Savings Bank in Dubuque.
Section 3. The Finance Director and Assistant Finance Director would also be author-
ized to sign checks and drafts for both accounts.
Passed, approved and adopted this 17th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
Housing Enterprise Zone Program Agreement - Wilmac Property Company: City
Manager recommending approval of a Housing Enterprise Zone Program Agreement by
and among the Iowa Economic Development Authority, the City of Dubuque and Wil-
mac Property Company related to the redevelopment of the former Betty Building locat-
ed at 151 East 9th Street. Upon motion the documents were received and filed and Res-
olution No. 242 -12 Approving a Housing Enterprise Zone Program Agreement by and
among the Iowa Economic Development Authority, the City of Dubuque and Wilmac
Property Company was adopted.
RESOLUTION NO. 242 -12
APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND
AMONG THE IOWA ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF
DUBUQUE AND WILMAC PROPERTY COMPANY
Whereas, the City of Dubuque has established two Enterprise Zones and an Enter-
prise Zone Commission, and
Whereas, the Enterprise Zone Commission on June 21, 2012 approved the applica-
tion of Wilmac Property Company for Housing Enterprise Zone benefits; and
6
Whereas, Wilmac Property Company's application was approved by the Iowa Eco-
nomic Development Authority on July 9, 2012; and
Whereas, the Iowa Economic Development Authority has prepared and submitted for
City Council approval an agreement relating to Housing Enterprise Zone benefits for
Wilmac Property Company, 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 nec-
essary 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 Housing Enterprise Zone
Program Agreement, Number 12 -HEZ -078, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Agree-
ment on behalf of the City of Dubuque and forward the executed copy to the Iowa Eco-
nomic Development Authority for their approval.
Passed, approved and adopted this 17th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Plat of Survey - North Fork Trails #4: Zoning Advisory Commission recommending
approval of the Plat of Survey of North Fork Trails No. 4 (3400 Keymont Drive) subject
to waiving the lot frontage requirements for Lot 2. Upon motion the documents were re-
ceived and filed and Resolution No. 243 -12 Approving the Plat of Survey of North Fork
Trails No. 4 in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 243 -12
APPROVING THE PLAT OF SURVEY OF NORTH FORK TRAILS NO. 4 IN CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey of North Fork
Trails No. 4 in the city of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 16 feet of frontage for Lot 2 on a public or ap-
proved private street, where 50 feet of street frontage is required by Section 11 -14 of
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commis-
sion and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find
that it conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 16 feet of frontage on a public street or
an approved private street for Lot 2.
Section 2. That the Plat of Survey of North Fork Trails No. 4 is hereby approved and
the Mayor and City Clerk are hereby authorized and directed to endorse the approval of
the City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 17th day of September 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7
Final Plat - Harvest View Estates 11th Addition: Zoning Advisory Commission rec-
ommending approval of the Final Plat of Harvest View Estates 11th Addition (Millstone
Drive). Upon motion the documents were received and filed and Resolution No. 244 -12
Approving the Final Plat of Harvest View Estates 11th Addition in the City of Dubuque,
Iowa, was adopted.
RESOLUTION NO. 244 -12
APPROVING THE FINAL PLAT HARVEST VIEW ESTATES ELEVENTH ADDITION
IN THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City Clerk the Final Plat Harvest View Estates
Eleventh Addition the City of Dubuque, Iowa; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statues and ordinances relating to it.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Final Plat Harvest View Estates Eleventh Addition is hereby ap-
proved and the Mayor and City Clerk are hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa upon said final plat.
Passed, approved and adopted this 17th day of September 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Department of Education - Smart Grid Data Access Grant: City Manager recom-
mending acceptance of a Smart Grid Data Access Grant from the U.S. Department of
Energy for the Smarter Electricity Iowa Project. Upon motion the documents were re-
ceived, filed, and approved.
Volunteer Solutions Software - Memorandum of Agreement: City Manager recom-
mending approval of a Memorandum of Agreement for agencies who post their volun-
teer opportunities on -line using the City managed Volunteer Solutions Software. Upon
motion the documents were received, filed, and approved.
Fire Hydrant Painting Program Phase I — Acceptance: City Manager recommending
acceptance of the Phase I Fire Hydrant Painting Program as completed by Ted Stackis
Construction. Upon motion the documents were received and filed and Resolution No.
245 -12 Accepting Phase 1 of the fire Hydrant Painting Program and authorizing the
payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 245 -12
ACCEPTING PHASE 1 OF THE FIRE HYDRANT PAINTING PROGRAM AND AU-
THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for Phase 1 of the Fire Hydrant Painting
Program (the Project) has been completed and the City's Consultant Engineer, IIW En-
gineering of Dubuque, Iowa has examined the work and filed a certificate stating that
phase 1 of the program has been completed according to the terms of the Public Im-
provement Contract and that the Consultant Engineer recommends that the Project be
accepted; and
8
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Consultant Engineer is approved and the
Project is hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Fire Hydrant Painting Program appropriation for the phase 1 contract amount of
$57,476.00 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 17th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Healthy Homes Demonstration Grant Program: Correspondence from the U.S. De-
partment of Housing and Urban Development advising that the City's Healthy Homes
Demonstration Work Plan Program has received an overall performance rating of 90 out
of 100 and a Green designation. Upon motion the documents were received and filed.
Greater Dubuque Development Corporation (GDDC) - Annual Report 2011 -2012:
Greater Dubuque Development Corporation President and CEO Rick Dickinson submit-
ting GDDC's 2011 -2012 Annual Report. Upon motion the documents were received and
filed.
Arbor Estates Phase 3 - Acceptance of Detention Facilities & Warranty Deed: City
Manager recommending acceptance of the storm water detention facilities that the de-
veloper, Kivlahan Farms, L.C., has recently completed in Arbor Estates - Phase 3, and
a warranty deed for the detention area and sanitary sewer lift station lot. Upon motion
the documents were received and filed and Resolution No. 246 -12 Accepting storm -
water detention facilities in Arbor Estates Phase 3; and Resolution No. 247 -12 Accept-
ing a conveyance of property described as Lot 12 of Block 9 and Lot 15 of the replat of
Lot 15 in Block 7 all in Arbor Estates in the City of Dubuque, Dubuque County, Iowa,
was adopted.
RESOLUTION NO. 246 -12
ACCEPTING STORMWATER DETENTION FACILITIES IN ARBOR ESTATES -
PHASE 3
Whereas, pursuant to Resolution 450 -05, certain public improvements including
stormwater detention facilities were installed by the developer of Arbor Estates — Phase
3; and
Whereas, the stormwater detention facilities have been completed and the City Man-
ager has examined the work and has filed a certificate stating that the same has been
completed in accordance with the plans approved by the City Council and in conform-
ance with City specifications, and has recommended that the stormwater detention facil-
ities be accepted by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
stormwater detention facilities in Arbor Estates — Phase 3 be and the same is hereby
accepted.
9
Section 2. That maintenance of said stormwater detention facilities shall be per-
formed by the City of Dubuque and assessed to the property owners in all phases of
Arbor Estates as outlined in Resolution No. 450 -05.
Passed, adopted and approved this 17th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
RESOLUTION NO. 247 -12
ACCEPTING A CONVEYANCE OF PROPERTY DESCRIBED AS LOT 12 OF BLOCK
9 AND LOT 15 OF THE REPLAT OF LOT 15 IN BLOCK 7 ALL IN ARBOR ESTATES
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, as part of the development of Arbor Estates — Phase 3, in the City of
Dubuque, Dubuque County, Iowa Kivlahan Farms, L.C. agreed to dedicate lots to the
City for use as detention facilities and a sanitary sewer lift station; and
Whereas, Kivlahan Farms, L.C., has executed a conveyance of said property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac-
cepts, and consents to the Warranty Deed from Kivlahan Farms L.C. copies of which
are attached hereto, as required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, adopted and approved this 17th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
2012 Sidewalk Assessment Program: City Manager recommending approval of a
resolution establishing the final assessment schedule for the 2012 Sidewalk Assess-
ment Program. Upon motion the documents were received and filed and Resolution No.
248 -12 Adopting the final Schedule of Assessments for the 2012 Public Right -of -Way
Sidewalk Repair Assessment Project was adopted.
RESOLUTION NO. 248 -12
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2012 PUBLIC RIGHT -
OF -WAY SIDEWALK REPAIR ASSESSMENT 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 2 inclusive; is hereby approved for the Public Right -of -Way
Sidewalk Repair Assessment 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 conditional-
ly against the respective properties benefited by the improvements as shown in the Fi-
nal 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 certifi-
10
cation 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 pub-
lication 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.
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 as-
sessments 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 follow-
ing 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 Sun-
day, that amount shall be delinquent from the second business day of October. Delin-
quent 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 17th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, CMC, City Clerk
Schedule of Assessments
The 2012 Public Right -of -Way Sidewalk Repair Assessment Project
PROPERTY OWNER NAME, LOT DESCRIPTION, PARCEL NUMBER, MAILING
ADDRESS, CITY, STATE, ZIP, STREET ADDRESS, VALUATION WITH IMPROVE-
MENT, SIDEWALK ASSESSMENT, ADMINISTRATIVE FEE, TOTAL NET ASSESS-
MENT
Jerry S. & Rose M. Thill, LOT 8 GLENDALE ADD, 1013154008, 2916 Jackson St.,
Dubuque, IA 52001, 2916 Jackson St., $58,100.00, $1,398.00, $202.20, $1,620.20
Thomas P. & Mary V. Schwartz, LOT 24 TIVOLI ADD, 1024128024, 2231 Francis
St., Dubuque, IA 52001 2231 Francis St., $101,600.00, $1,075.00, $153.75, $1,228.75
2012 Brick Manhole Replacement Project — Acceptance: City Manager recommend-
ing acceptance of the public improvements for the 2012 Brick Manhole Replacement
Project, Bid Package 1, as completed by Drew Cook & Sons. Upon motion the docu-
ments were received and filed and Resolution No. 249 -12 Accepting the 2012 Brick
Manhole Replacement Project and authorizing the payment of the contract amount to
the contractor was adopted.
RESOLUTION NO. 249 -12
ACCEPTING THE 2012 BRICK MANHOLE REPLACEMENT PROJECT AND AU-
THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the 2012 Brick Manhole Replacement
Project (the Project) has been completed and the City Engineer has examined the work
and filed a certificate stating that the Project has been completed according to the terms
of the Public Improvement Contract and that the City Engineer recommends that the
Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
11
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
2012 Brick Manhole Replacement Project appropriations for the contract amount of
$95,792.15 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 17th day of September 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
Mystique Casino Re- Roofing Request: City Manager recommending approval of Mys-
tique Casino's request to re -roof the original structure of the Mystique Casino. Upon mo-
tion the documents were received, filed, and approved.
Dubuque County Safe Youth Coalition: Dubuque County Safe Youth Coalition sub-
mitting an informational packet regarding drug and alcohol management and training in
partnership with Helping Services of Northeast Iowa and the State of Iowa Alcoholic
Beverages Division. Upon motion the documents were received, filed and referred to
the City Clerk.
Eleventh Street Stair and Hand Railing Repair Project: City Manager recommending
that the costs of the 11th Street Stair and Handrail Repair Project be officially recorded
in the minutes of the City Council. Upon motion the documents were received, filed and
made a Matter of Record.
City Utility Extensions to the Airport - Design Consultant Selection: City Manager rec-
ommending the selection of WHKS as the professional design consultant to complete
the design for the utility extensions to the Dubuque Regional Airport. Upon motion the
documents were received, filed, and approved.
Volunteer Generation Fund Grant Agreement: City Manager recommending approval
of the Volunteer Generation Fund Grant agreement. Upon motion the documents were
received, filed, and approved.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Portzen
Construction for the 5 Points Traffic Signal Reconstruction Project. Upon motion the
documents were received, filed, and approved.
Signed Contracts: Iowa Department of Transportation Supplemental Agreements for
Lighting and Primary Road Maintenance; Miron Construction Co. Change Order No. 17
for the Water Pollution Control Plant Modifications project. Upon motion the documents
were received and filed.
Alcohol License Applications: City Manager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon motion the documents were received and
filed and Resolution No. 250 -12 Approving applications for beer, liquor, and /or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li-
cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses
12
and Permits was adopted.
RESOLUTION NO. 250 -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 LIQ-
UOR, 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 ap-
proved; 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.
RENEWALS
Bell Tower Productions
2728 Asbury Rd.
Special Class C Liquor
(Beer/Wine) (Sunday)
Fat Tuesday's
1121 University Ave.
Class C Liquor (Sunday)
Phillips 66 /Arby's
10 South Main St.
Class C Beer (Sunday)
Happy's Place
2323 Rockdale Rd.
Class C Liquor (Sunday)
Red Robin America's
Gourmet Burgers & Spirits
2775 NW Arterial
Class C Liquor (Outdoor)
(Sunday)
New
Europa Cafe of Dubuque
4031 Pennsylvania Ave.
Special Class C Liquor
(Beer/Wine)
Special Events
Dubuque Main Street
1000 Jackson St.
Class B Beer (Outdoor) (In-
cludes Wine Coolers)
Clarke University
1550 Clarke Dr.
Class B Beer (Outdoor) (In-
cludes Wine Coolers)
Mystique Community Ice
Center
1800 Admiral Sheerhey Dr.
Adding Outdoor Service for
9 -28 -12
Passed, approved and adopted this 17`11 day of September, 2012.
Attest: Kevin S. Firnstahl, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Roy D. Buol, Mayor
Motion by Jones to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Connors. Motion carried 6 -0.
General Obligation Refunding Bonds: City Manager recommending that a public
hearing be set for October 1, 2012, on the proposition of selling not to exceed $950,000
in General Obligation Refunding Bonds. Upon motion the documents were received and
filed and Resolution No. 251 -12 Fixing Date for a meeting on the proposition of the is-
13
suance of not to exceed $950,000 General Obligation Refunding Bonds, Series 2012G,
(for an Essential Corporate Purpose) of the City of Dubuque, Iowa, and providing for
publication of notice thereof was adopted setting a public hearing for a meeting to com-
mence at 6:30 p.m. on October 1, 2012 in the Historic Federal Building.
RESOLUTION NO. 251 -12
FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF
NOT TO EXCEED $950,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES
2012G, (FOR AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY OF DUBU-
QUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, State of
Iowa, should issue General Obligation Refunding Bonds, Series 2012G, to the amount
of not to exceed $950,000, as authorized by Section 384.25, of the City Code of Iowa,
for the purpose of providing funds to pay costs of carrying out an essential corporate
purpose project as hereinafter described; and
Whereas, before the bonds may be issued, it is necessary to comply with the provi-
sions 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 1st day of October, 2012, for the
purpose of taking action on the matter of the issuance of not to exceed $950,000 Gen-
eral Obligation Refunding Bonds, Series 2012G, for an essential corporate purpose of
the City, the proceeds of which bonds will be used to provide funds to pay costs of re-
funding and refinancing of certain outstanding City indebtedness, including the General
Obligation Bonds, Series 2002C, dated December 1, 2002.
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 Divi-
sion III of the City Code of Iowa, the Council hereby elects the "essential corporate pur-
pose" 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 lan-
guage, 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 substan-
tially the [Provided] form:
Passed and approved this 17th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Port of Dubuque Watermain Extension Project: City Manager recommending initiation
of the public bidding procedure for the Port of Dubuque Watermain Extension Project,
and that a public hearing be set for October 1, 2012. Upon motion the documents were
received and filed and Resolution No. 252 -12 Preliminary approval of plans, specifica-
14
tions, form of contract, and estimated cost; setting date of public hearing on plans, spec-
ifications, form of contract, and estimated cost; and ordering the advertisement for bids
(Port of Dubuque Watermain Extension Project) was adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on October 1, 2012 in the Historic Federal
Building.
RESOLUTION NO. 252 -12
PORT OF DUBVUQUE WATERMAIN EXTENSION PROJECT PRELIMINARY AP-
PROVAL 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 ADVER-
TISEMENT 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 Port of
Dubuque Watermain Extension Project, 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 October, 2012, at 6:30 p.m. in the His-
toric 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 Port of Dubuque Watermain Extension Project is hereby ordered to be adver-
tised 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 im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished 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 2:00 p.m. on the 4th day of October, 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. on the 15th day of October, 2012, in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 17th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
Request to Vacate - Peosta Street (Giese Companies): City Manager recommending
that a public hearing be set for October 1, 2012 to consider a request by Giese Compa-
nies to vacate a portion of Peosta Street abutting their property at 2125 Kerper Blvd.
Upon motion the documents were received and filed and Resolution No. 253 -12 Resolu-
tion of Intent to vacate and dispose of City interest in a portion of Peosta Street to be
known as Lot A of Giese Subdivision in the City of Dubuque, Iowa; and Resolution No.
254 -12 Approving Plat of Proposed Vacated Peosta Street were adopted setting a pub-
15
lic hearing for a meeting to commence at 6:30 p.m. on October 1, 2012 in the Historic
Federal Building.
RESOLUTION NO. 253 -12
INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION OF PE-
OSTA ST, TO BE KNOWN AS LOT A OF GIESE SUBDIVISION IN THE CITY OF
DUBUQUE, IOWA
Whereas, Giese Companies has requested the vacating and disposal of a portion of
Peosta Street; and
Whereas, IIW, P.C. has prepared and submitted to the City Council a plat showing a
proposed vacated portion of Peosta Street and assigned a lot number thereto, which
hereinafter shall be known and described as Lot A of Giese Subdivision in the City of
Dubuque, Iowa, should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of its interest in
Lot A of Giese Subdivision in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot A of Giese Subdivision in the City of Dubuque,
Iowa to Giese Companies be contingent upon the payment of $1540.00, plus platting,
publication, and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to cause a
notice of intent to vacate and dispose of said real estate to be published in the manner
as prescribed by law.
Passed, approved and adopted this 17th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 254 -12
APPROVING PLAT OF PROPOSED VACATED PEOSTA STREET
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated September 7, 2012 prepared by IIW, P.C., describing the proposed vacated
portion of Peosta Street to be known as Lot A of Giese Subdivision in the City of Dubu-
que, Dubuque County, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated September 7, 2012 prepared by IIW, P.C. relative to
the real estate hereinabove described be and the same is hereby approved, and the
Mayor and City Clerk be and they are hereby authorized and directed to execute said
plat for and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto itself a perpetual easement including
the right of ingress and egress thereto, for the purpose of erecting, installing, construct-
ing, reconstructing, repairing, owning, operating, and maintaining storm and sanitary
sewer lines and appurtenances as may be authorized by the City of Dubuque, Iowa.
Section 3. That the City Clerk be and is hereby authorized and directed to file said
plat and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 17th day of September, 2012.
Roy D. Buol, Mayor
16
Attest: Kevin S. Firnstahl, CMC, City Clerk
BOARDS /COMMISSIONS
Appointments were made to the following board /commissions:
Cable Television Commission: One 3 -year term through July 1, 2015 (Vacant term of
Herrig). Applicant: Kathleen McMullen, 1308 Curtis Street. Motion by Jones to appoint
Kathleen McMullen to the Cable Television Commission for a 3 -year term through July
1, 2015. Seconded by Braig. Motion carried 6 -0.
Civic Center Commission: One 3 -year term through June 29, 20123 (Vacant term of
Field). Applicant: Kirstin Pope, 5388 Park Place — Application withdrawn for residency
reasons.
Housing Commission: One 3 -year terms through August 17, 2014 (Vacant term of
Krey). Applicant: Rick J. Baumhover, 601 Garfield Ave. #104. Motion by Connors to ap-
point Rick Baumhover to the Housing Commission for a 3 -year term through August 17,
2014. Seconded by Resnick. Motion carried 6 -0.
Human Rights Commission: Two 3 -year terms through January 1, 2013 and January
1, 2015 (Vacant terms of Krey and Hansen). Applicants: Rick J. Baumhover, 601 Gar-
field Ave. #104; and Howard Lee III, 516 Lincoln Ave. Motion by Connors to appoint
Rick Baumhover and Howard Lee, III to the Human Rights Commission for 3 -year terms
through January 1, 2013 and 2015 respectively. Motion failed for lack of a second.
Motion by Connors to appoint Howard Lee, III to the Human Rights Commission for a
3 -year term through January 1, 2015. Seconded by Resnick. Motion carried 6 -0.
Zoning Advisory Commission: Two 3 -year terms through July 1, 2015 (Vacant terms
of Hardie and Miller). Applicants: Stephen Hardie, 62 Freemont Ave.; Charles Miller,
7010 Asbury Rd. Motion by Braig to appoint Stephen Hardie and Charles Miller to the
Zoning Advisory Commission for 3 -year terms through July 1, 2015. Seconded by
Jones. Motion carried 6 -0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Vacate of Property - 2500 Kerper Blvd. (Key City Plating): Proof of publication on no-
tice of public hearing to consider vacating a portion of Kerper Blvd. abutting property at
2500 Kerper Blvd. (Key City Plating) and the City Manager recommending approval.
Motion by Jones to receive and file the documents and adopt Resolution No. 255 -12
Vacating a portion of Kerper Boulevard abutting Lot 2 of McGraw -Hill, Key City Plating
Replat in the City of Dubuque, Iowa, at 2500 Kerper Boulevard; and Resolution No.
256 -12 Disposing of City interest in Lot 2A of McGraw -Hill, Key City Plating Replat in
the City of Dubuque, Dubuque County, Iowa. Seconded by Braig. Motion carried 6 -0.
17
RESOLUTION NO. 255 -12
VACATING A PORTION OF KERPER BOULEVARD ABUTTING LOT 2 OF
McGRAW -HILL, KEY CITY PLATING REPLAT IN THE CITY OF DUBUQUE, IOWA
AT 2500 KERPER BOULEVARD
Whereas, Rich Conlon has requested the vacating of a portion of Kerper Boulevard
abutting Lot 2 of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated the 27th day of August, 2012, prepared by Schneider Land Surveying &
Planning, Inc. describing the proposed vacated portion of Kerper Boulevard abutting Lot
2 of McGraw -Hill, Key City Plating Replat; and
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on this 7th day of September, 2012, the City Council of the City of
Dubuque, Iowa met on the 17th day of September, 2012, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque,
Dubuque County, Iowa to consider the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro-
posed vacated portion of Kerper Boulevard abutting Lot 2 of McGraw -Hill, Key City Plat-
ing Replat to be known as Lot 2A of McGraw -Hill, Key City Plating Replat in the City of
Dubuque, Iowa, should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 2A of McGraw -Hill, Key City Plating
Replat in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby va-
cated.
Passed, approved and adopted this 17th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
RESOLUTION NO. 256 -12
DISPOSING OF CITY INTEREST IN LOT 2A OF McGRAW -HILL, KEY CITY PLAT-
ING REPLAT IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on this 7th day of September, 2012, the City Council of the City of
Dubuque, Iowa met on the 17th day of September, 2012, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque,
Dubuque County, Iowa to consider the proposal for the sale of real estate described as:
Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque
County, Iowa; AND
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposal to sell such real estate, except for easement as
noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as Lot 2A of
18
McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque County, Iowa, to
Rich Conlon, LLC be and the same is hereby approved for the sum of $3,915.00 plus
the cost of platting, publication, and filing fees. Conveyance shall be by Quit Claim
Deed.
Section 2. The City of Dubuque reserves unto itself a perpetual easement including
the right of ingress and egress thereto, for the purpose of erecting, installing, construct-
ing, reconstructing, repairing, owning, operating, and maintaining storm sewer as may
be authorized by the City of Dubuque, Iowa.
Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed,
and the City Clerk be and is hereby authorized and directed to deliver said deed of con-
veyance to Rich Conlon, LLC upon receipt of the purchase price in full.
Section 4. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved and adopted this 17th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
Fiscal Year 2013 First Budget Amendment: Proof of publication on notice of public
hearing to consider approval of the Fiscal Year 2013 First Budget Amendment, which
amends the Fiscal Year 2013 budget for City Council actions since the beginning of the
Fiscal Year, and the City Manager recommending approval. Motion by Connors to re-
ceive and file the documents and adopt Resolution No. 257 -12 Amending the current
budget for Fiscal Year Ending June 30, 2013. Seconded by Jones. Motion carried 6 -0.
RESOLUTION NO. 257 -12
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR
ENDING JUNE 30, 2013 (AS AMENDED LAST ON 4 -16 -2012 .)
Be it Resolved by the Council of the City of Dubuque
Section 1. Following notice published 9 -18 -2012 and the public hearing held,
09/17/2012 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 con-
sidered at that hearing:
19
As Certified
Or Last Amended
Current
Amendment
After Current
Amendment
Revenues & Other Financing Sources
22,007,300
0
22,007,300
Taxes Levied on Property 1
Less: Uncollected Property Taxes -Levy Year 2
0
0
0
Net Current Property Taxes 3
22,007,300
0
22,007,300
Delinquent Property Taxes 4
0
0
0
TIF Revenues 5
10,289,639
0
10,289,639
Other City Taxes 6
14,922,012
0
14,922,012
Licenses & Permits 7
1,339,574
0
1,339,574
Use of Money and Property 8
12,365,425
0
12,365,425
Intergovernmental 9
50,224,931
40,859,160
91,084,091
Charges for Services 10
34,178,789
33,000
34,211,789
Special Assessments 11
74,273
1,769,541
1,843,814
Miscellaneous 12
6,759,820
1,789,648
8,549,468
Other Financing Sources 13
92,703,315
6,207,492
98,910,807
19
Total Revenues and Other Sources
14
244,865,078
50,658,841
295,523,919
Expenditures & Other Financing Uses
25,339,063
506,630
25,845,693
Public Safety
15
Public Works
_ 16
12,049,060
398,928
12,447,988
Health and Social Services
_ 17
1,030,919
105,134
1,136,053
Culture and Recreation
_ 18
10,546,195
12,781,522
128,007
282,850
10,674,202
13,064,372
Community and Economic Development
19
General Government
20
7,317,526
269,393
7,586,919
Debt Service
21
6,994,075
0
6,994,075
Capital Projects
22
44,312,974
56,145,710
100,458,684
Total Government Activities Expenditures
23
120,371,334
57,836,652
178,207,986
Business Type / Enterprises
24
94,088,699
38,999,733
133,088,432
Total Gov Activities & Business Expendi-
tures
25
214, 460, 033
96, 836, 385
311, 296, 418
Transfers out
26
32,464,076
- 3,067,539
29,396,537
Total Expenditures /Transfers Out 27
246,924,109
93,768,846
340,692,955
Excess Revenues & Other Sources Over
(Under) Expenditures /Transfers Out Fiscal Year 28
- 2,059,031
- 43,110,005
- 45,169,036
29
_
Beginning Fund Balance July 1 30
22,279,858
43,110,005
65,389,863
Ending Fund Balance June 30 31
20,220,827
0
20,220,827
Passed this 17"' day of September 2012
Roy D. Buol, Mayor
Kevin S. Firnstahl, City Clerk
Grand River Center - Floor Settlement Remediation Project: Proof of publication on
notice of public hearing to consider approval of the plans, specifications, form of con-
tract and the estimated cost for the Grand River Convention Center Floor Settlement
Remediation Project and the City Manager recommending approval. Motion by Jones to
receive and file the documents and adopt Resolution No. 258 -12 Approval of plans,
specifications, from of contract, and estimated cost for the Grand River Center floor Set-
tlement Remediation Project. Seconded by Resnick. Motion carried 6 -0.
RESOLUTION NO. 258 -12
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE GRAND RIVER CENTER FLOOR SETTLEMENT REMEDIATION
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, and form of contract now on file in the Office
of the City Clerk and estimated cost for the Grand River Center Floor Settlement Pro-
ject, in the estimated amount $363,500.00, are hereby approved.
Passed, adopted and approved this 17th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
20
ACTION ITEMS
Green Alley Permeable Pavers Supplemental Environmental Project (SEP) - Project
Award: City Manager recommending award of the contract for the SEP Green Alley
Permeable Pavers Project (between Jackson and Washington Streets from 16th to
17th; and between Jackson and White Streets from 17th to 18th) to the low bidder,
Drew Cook and Sons Excavating. Motion by Braig to receive and file the documents
and adopt Resolution No. 259 -12 Awarding public improvement contract for the SEP
Green Alley Permeable Pavers Project - Between Jackson & Washington Streets from
16th to 17th and between Jackson & White Streets from 17th to 18th Seconded by Jones.
Motion carried 6 -0.
RESOLUTION NO. 259 -12
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SEP GREEN ALLEY
PERMEABLE PAVERS PROJECT — BETWEEN JACKSON & WASHINGTON
STREETS FROM 16TH TO 17TH AND BETWEEN JACKSON & WHITE STREETS
FROM 17TH TO 18TH
Whereas, sealed proposals have been submitted by contractors for the SEP Green
Alley Permeable Pavers Project — Between Jackson & Washington Streets from 16th to
17th and Between Jackson & White Streets from 17th to 18th (the Project) pursuant to
Resolution No. 222 -12 and Notice to Bidders published in a newspaper published in the
City of Dubuque, Iowa on the 24th day of August, 2012.
Whereas, said sealed proposals were opened and read on the 6th day of September,
2012 and it has been determined that Drew Cook & Sons Excavating of Dubuque, Iowa,
with a bid in the amount of $247,488.10, is the lowest responsive, responsible bidder for
the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Drew Cook
and Sons Excavating. and the City Manager is hereby directed to execute a Public Im-
provement Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 17th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
ARC Transfer Center Phase I Project - Rejection of Bids: City Manager recommend-
ing rejection of all bids received for the construction of the Area Residential Care Jule
Transfer Center Phase I Project and recommends the project go through value engi-
neering and redesign because all bids exceeded the budget. Motion by Jones to receive
and file the documents and approve the recommendation. Seconded by Connors. Mo-
tion carried 6 -0.
Code of Ordinances Amendment - Alcohol Violations: City Manager recommending
that an ordinance amendment be adopted to refer all contested alcohol violations to the
Iowa Alcoholic Beverages Division. Motion by Connors to receive and file the docu-
ments 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 Jones. Motion carried 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 49 -12
21
Amending City of Dubuque Code of Ordinances Title 4 Business and License Regula-
tions, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits,
Section 4 -2B -15 Suspension and Revocation Generally; Grounds, Section 4 -2B -16
Suspension and Revocation; Specific Terms; and Section 4 -2B -17 Appeal and Hearing
by Providing a Notice of Violation; Opportunity for Settlement or Hearing with the Iowa
Alcoholic Beverages Division. Seconded by Jones. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 49 -12
AMENDING 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, SECTION 4 -2B -15 SUSPENSION AND
REVOCATION GENERALLY; GROUNDS, SECTION 4 -2B -16 SUSPENSION AND
REVOCATION; SPECIFIC TERMS; AND SECTION 4 -2B -17 APPEAL AND HEARING
BY PROVIDING A NOTICE OF VIOLATION; OPPORTUNITY FOR SETTLEMENT OR
HEARING WITH THE IOWA ALCOHOLIC BEVERAGES DIVISION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 4 -2B -15 of the City of Dubuque Code of Ordinances is amended
to read as follows:
4- 2B -15: SUSPENSION AND REVOCATION GENERALLY; GROUNDS:
A. A license or permit issued under this chapter may be suspended or revoked or a
civil penalty may be imposed on the licensee or permittee for any of the following:
2. Violation of any of the provisions of this chapter or Iowa Code Chapter 123.
7. The conviction of any liquor control licensee or wine or beer permittee for a
violation of any of the provisions of this chapter is grounds for the suspension or
revocation of the license or permit by the State of Iowa Alcoholic Beverages Divi-
sion or the city.
8. If any liquor control licensee or wine or beer permittee is convicted of any vio-
lation of the Iowa Code, the liquor control license or wine or beer permit must be
revoked and must be immediately surrendered by the holder and the bond of the
licensee or permittee must be forfeited to the State of Iowa Alcoholic Beverages
Division.
B. A criminal conviction is not a prerequisite to suspension, revocation, or imposition
of a civil penalty pursuant to this section.
Section 2. Section 4 -2B -16 of the City of Dubuque Code of Ordinances is amended
to read as follows:
4- 2B -16: SUSPENSION AND REVOCATION; NOTIFICATION; SPECIFIC TERMS:
A. If any licensee, wine or beer permittee, or an employee of such licensee or permit -
tee is convicted of a violation of this chapter or chapter 123 of the code of Iowa, the
city must notify the licensee, wine or beer permittee of the violation.
B. The city manager and the city attorney may enter into an agreement with the li-
censee or permittee for the days for which a licensee or permittee may serve a sus-
pension of a license or permit.
C. The notice of violation must provide the licensee, wine or beer permittee a sum-
mary of the violation, the penalties, and the available options, which include admitting
the violation and accepting assessment of a penalty as follows:
2. Second violation (within a period of 2 years): The licensee or permittee must
pay a one thousand five hundred dollar ($1,500.00) civil penalty and serve a thir-
22
ty (30) day suspension of the license or permit; however, in lieu of the fine and
suspension, the licensee or permittee may:
a. Pay a five thousand dollar ($5,000.00) civil penalty and serve a thirty
(30) day suspension of which sixteen (16) days will be suspended, on the
condition that the licensee or permittee receive no further violations for a
twelve (12) consecutive month probationary period. If there is a violation
within the twelve (12) month probationary period, upon service of notice by
the city, the sixteen (16) days which were suspended must be served by
the licensee or permittee as agreed upon by the chief of police; or
b. Pay a seven thousand five hundred dollar ($7,500.00) civil penalty and
serve a thirty (30) day suspension of which twenty three (23) days will be
suspended, on the condition that the licensee or permittee receive no fur-
ther violations for a twelve (12) consecutive month probationary period,
together with two (2) of the following conditions selected by the licensee or
permittee with the approval of the chief of police:
(1) Terminate the employee who acted illegally.
(2) Purchase and use identification scanners for use on all alcohol
sales.
(3) All employees at the time of the violation who may serve alcohol
and continue their employment with the licensee or permittee must
be trained in training for intervention procedures (TIPS) or other
training approved by the city within ninety (90) days and all new
employees hired within two (2) years who may serve alcohol must
receive training within thirty (30) days of their hire date.
(4) Use wristbands for patrons twenty one (21) years of age and
older.
(5) Hire staff to check the identification of all patrons as they enter
the establishment for days of the week and hours as determined by
the chief of police.
(6) Purchase, install, and use a system which scans photo identifi-
cations and records a photograph of the identification and the indi-
vidual using the identification to secure entrance into the business,
or other electronic system as approved by the chief of police.
(7) Such other conditions as agreed upon between the licensee or
permittee and the chief of police.
If there is a violation within the twelve (12) month period following a settlement agree-
ment between the licensee or permittee and the city, upon service of notice by the city,
the twenty three (23) days which were suspended must be served by the licensee or
permittee as agreed upon by the chief of police. For purposes of the probationary peri-
od, the reinstatement of the suspension does not require a conviction; or
c. Pay a fifteen thousand dollar ($15,000.00) civil penalty and serve a thir-
ty (30) day suspension of which thirty (30) days will be suspended, on the
condition that the licensee or permittee receive no further violations for a
twelve (12) consecutive month probationary period, together with three (3)
of the following conditions selected by the licensee or permittee with the
approval of the chief of police:
(1) Terminate the employee who acted illegally.
(2) Purchase and use identification scanners for use on all alcohol
sales.
23
(3) All employees at the time of the violation who may serve alcohol
and continue their employment with the licensee or permittee must
be trained in training for intervention procedures (TIPS) or other
training approved by the city within ninety (90) days and all new
employees hired within two (2) years who may serve alcohol must
receive the training within thirty (30) days of their hire date.
(4) Use wristbands for patrons twenty one (21) years of age and
older.
(5) Hire staff to check the identification of all patrons as they enter
the establishment for days of the week and hours as determined by
the chief of police.
(6) Purchase, install, and use a system which scans photo identifi-
cations and records a photograph of the identification and the indi-
vidual using the identification to secure entrance into the business,
or other electronic system as approved by the chief of police.
(7) Such other conditions as agreed upon between the licensee or
permittee and the chief of police.
If there is a violation within the twelve (12) month period following a settlement agree-
ment between the licensee or permittee and the city, upon service of notice by the city,
the thirty (30) days which were suspended must be served by the licensee or permittee
as agreed upon by the chief of police. For purposes of the probationary period, the rein-
statement of the suspension does not require a conviction.
3. Third violation (within a period of 2 years): The licensee or permittee must pay
a one thousand five hundred dollar ($1,500.00) civil penalty and serve a sixty
(60) day suspension of the license or permit; however, in lieu of the fine and sus-
pension, the licensee or permittee may:
a. Pay a fifteen thousand dollar ($15,000.00) civil penalty and serve a sixty
(60) day suspension of which thirty (30) days will be suspended, on the
condition that the licensee or permittee receive no further violations for a
twelve (12) consecutive month probationary period, together with the fol-
lowing conditions:
(1) Terminate the employee who acted illegally.
(2) Purchase and use identification scanners for use on all alcohol
sales.
(3) All employees at the time of the violation who may serve alcohol
and continue their employment with the licensee or permittee must
be trained in training for intervention procedures (TIPS) or other
training approved by the city within ninety (90) days and all new
employees hired within two (2) years who may serve alcohol must
receive the training within thirty (30) days of their hire date.
(4) Use wristbands for patrons twenty one (21) years of age and
older.
(5) Hire staff to check the identification of all patrons as they enter
the establishment for days of the week and hours as determined by
the chief of police.
(6) Purchase, install, and use a system which scans photo identifi-
cations and records a photograph of the identification and the indi-
vidual using the identification to secure entrance into the business,
or other electronic system as approved by the chief of police.
24
(7) Such other conditions as agreed upon between the licensee or
permittee and the chief of police.
If there is a violation within the twelve (12) month period following a settlement
agreement between the licensee or permittee and the city, upon service of notice by the
city, the thirty (30) days which were suspended must be served by the licensee or per -
mittee as agreed upon by the chief of police. For purposes of the probationary period,
the reinstatement of the suspension does not require a conviction.
D. Any licensee, wine or beer permittee convicted of a violation of this chapter or
chapter 123 of the code of Iowa, may contest the violation and request a hearing with
the State of Iowa Alcoholic Beverages Division as provided in Chapter 123 of the Io-
wa Code.
Section 3. Section 4 -2B -17 of the City of Dubuque Code of Ordinances is amended
to read as follows:
4- 2B -17: HEARING:
The right to a hearing with the State of Iowa Alcoholic Beverages Division as provid-
ed in Chapter 123 of the Iowa Code shall be afforded a liquor control licensee, wine
permittee, or beer permittee whose license or permit has been proposed for suspen-
sion, revocation, or denial.
Section 4. This Ordinance takes effect on publication.
Passed, approved, and adopted the 17th day of September, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of September,
2012.
/s /Kevin S. Firnstahl, CMC, City Clerk
Code Ordinances Amendment - Parking Violations and Fines: City Manager recom-
mending approval to amend City Ordinance 9 -14- 321.621: Parking Violations; Fines: to
include language allowing the City Manager to waive fines on vehicles ticketed while the
owner was involved in providing emergency response services to the City. Motion by
Jones to receive and file the documents and that the requirement that a proposed ordi-
nance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 6-
0.
Motion by Jones. for final consideration and passage of Ordinance No. 50 -12 Amend-
ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14
Parking, Section 9 -14- 321.621 Parking Violations; Fines by adding a provision which
allows the City Manager to waive parking violation fines for emergency responders. Se-
conded by Braig. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 50 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9 -14- 321.621 PARKING
VIOLATIONS; FINES BY ADDING A PROVISION WHICH ALLOWS THE CITY MAN-
AGER TO WAIVE PARKING VIOLATION FINES FOR EMERGENCY RESPONDERS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -14- 321.621 of the City of Dubuque Code of Ordinances is
amended to read as follows:
25
9 -14- 321.621: PARKING VIOLATIONS; FINES:
A. The owner or operator of any vehicle who shall receive notice, either personal-
ly or by the attaching of such notice to said vehicle, that said vehicle is parked in
such manner, in such a place or for such a time as to violate the provisions of
this chapter relating to the parking of vehicles, shall pay to the city treasurer as a
penalty for such violation the following sum:
B. Payment of the above fine by mail to the city treasurer shall be deemed paid
as of the date of the postmark on the envelope thereof.
C. For purposes of this section, a ticket shall become delinquent if not paid within
seven (7) calendar days from the date of issuance.
D. For purposes of this section, the city manager may waive a parking violation
fine for emergency responders including, but not limited to, firefighters, law en-
forcement officers, emergency medical service personnel, emergency communi-
cations personnel, auxiliary police, and other personnel having emergency re-
sponse duties for a violation received during an emergency response event or
service to the city.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 17th day of September, 2012.
s /Roy D. Buol, Mayor
Attest: /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of September,
2012.
/s /Kevin S. Firnstahl, CMC, City Clerk
Code of Ordinances Amendment - Road Work Zones: City Manager recommending
approval to amend City Ordinance 9 -1 -321.1 to provide a definition of a Road Work
Zone to mirror the State Code and approve an amendment to 9 -16- 321.1003 to detail
the fine schedule for violations in Road Work Zones. 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 Jones. Motion carried 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 51 -12
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic,
Chapter 1 General Provisions, Section 9 -1 -321.1 Definitions by adding a definition for
Road Work Zones and Chapter 16 Miscellaneous City Provisions, Division 3 Administra-
tion by adding a new provision relating to Road Work Zones. Seconded by Jones. Mo-
tion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 51 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 1 GENERAL PROVISIONS, SECTION 9 -1 -321.1
DEFINITIONS BY ADDING A DEFINITION FOR ROAD WORK ZONES AND CHAP-
TER 16 MISCELLANEOUS CITY PROVISIONS, DIVISION 3 ADMINISTRATION BY
ADDING A NEW PROVISION RELATING TO ROAD WORK ZONES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -1 -321.1 of the City of Dubuque Code of Ordinances is amended
to read as follows:
26
9 -1- 321.1: DEFINITIONS:
The following words and phrases, when used in this title shall, for the purpose of this
title, have the meanings respectively ascribed to them in this section:
ROAD WORK ZONE: The portion of a highway which is identified by posted or mov-
ing signs at the site of construction, maintenance, survey, or utility work. The zone starts
upon meeting the first sign identifying the zone and continues until a posted or moving
sign indicates that the work zone has ended.
Section 2. Chapter 16 of the City of Dubuque Code of Ordinances is amended by
adding hereto the following new section:
9 -16- 321.1003. ROAD WORK ZONE VIOLATIONS:
The scheduled fine for any moving traffic violation under Title 9 of the City Code, oth-
er than for violating the speed limit, is doubled if the violation occurs within any road
work zone as defined in Section 9 -1- 321.1. The scheduled fine for violating the speed
limit in a road work zone is as follows:
(1) One hundred fifty dollars ($150.00) for speed not more than ten (10) miles per
hour over the posted speed limit.
(2) Three hundred dollars ($300.00) for speed greater than ten (10) but not more
than twenty (20) miles per hour over the posted speed limit.
(3) Five hundred dollars ($500.00) for speed greater than twenty (20) but not
more than twenty -five (25) miles per hour over the posted speed limit.
(4) One thousand dollars ($1,000.00) for speed greater than twenty -five (25)
miles per hour over the posted speed limit.
Section 3. This Ordinance takes effect upon publication.
Passed, approved and adopted the 17th day of September, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of September,
2012.
/s /Kevin S. Firnstahl, CMC, City Clerk
Code of Ordinances Amendments - Utility Billing Assessments: City Manager rec-
ommending ordinance amendments that will streamline the process to certify unpaid
rates and charges to the County Treasurer by assigning the responsibility to the Fi-
nance Director. Motion by Connors to receive and file the documents, adopt Resolution
No. 260 -12 Delegating authority to the Finance Director -City Treasurer to prepare
Schedule of Assessments for delinquent water, sewer, refuse and stormwater accounts
and to certify the Schedule of Assessments to the County Treasurer and to publish no-
tice thereof and further moved that the requirement that a proposed ordinance be con-
sidered 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. Motion carried 6 -0.
RESOLUTION NO. 260 -12
DELEGATING AUTHORITY TO THE FINANCE DIRECTOR -CITY TREASURER TO
PREPARE SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER,
REFUSE AND STORMWATER ACCOUNTS AND TO CERTIFY THE SCHEDULE OF
ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE
THEREOF
Whereas, the finance director -city treasurer prepares, at least quarterly, Schedules of
Assessments for delinquent water, sewer, refuse, and stormwater accounts.
27
Whereas, the City Council approves, adopts and certifies such Schedules of As-
sessments to the County Treasurer, and a lien on the real property identified with such
delinquent water, sewer, refuse, and stormwater accounts is assessed and levied in the
amount of the respective sums indicated in such Schedules of Assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That pursuant to Iowa Code § 384.84 the finance director -city treasurer is hereby di-
rected to approve, adopt and certify said Schedules 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 not be 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 finance
director -city treasurer shall also mail a copy of said notice to property owners whose
property is subject to assessments, as provided and directed in Iowa Code § 384.60.
The assessments may be paid in full or in part at the Utility Billing Office, City Hall, 50
West 13th Street, Dubuque, Iowa at any time within thirty (30) days after the date of the
first publication of the notice of filing of the Schedule of Assessments with the County
Treasurer. After thirty (30) days, unpaid assessments are payable at the County Treas-
urer'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 17th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
Motion by Connors for final consideration and passage of:
Ordinance No. 52 -12 Amending City of Dubuque Code of Ordinances Title 1 Admin-
istration, Chapter 7 City Officers and Employees, Section 7 Finance Director -City
Treasurer Authorizing the Finance Director -City Treasurer to certify delinquent utility bill-
ing charges to the County Treasurer;
Ordinance No. 53 -12 Amending City of Dubuque Code of Ordinances Title 13 Public
Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 4 Payment of Bills
Providing the Procedure for Delinquent Water Service Charges, Establishing a Lien for
Nonpayment of such charges, and authorizing the Finance Director -City Treasurer to
certify such delinquent charges to the County Treasurer;
Ordinance No. 54 -12 Amending City of Dubuque Code of Ordinances Title 13 Public
Utilities, Chapter 2 Sewers and Sewage Disposal, Article C Rates, Section 13 -2C -5 Lien
for Failure to Pay by providing the procedure for delinquent sewers and sewage dispos-
al charges, establishing a lien for nonpayment of such charges, and authorizing the Fi-
nance Director -City Treasurer to certify such delinquent charges to the County Treasur-
e r;
Ordinance No. 55 -12 Amending City of Dubuque Code of Ordinances Title 13 Public
Utilities, Chapter 4 Stormwater Management, Section 11 Billing, Delinquent Accounts
and Collection Procedures providing the procedure for delinquent stormwater manage-
ment charges, establishing a lien for nonpayment of such charges, and authorizing the
Finance Director -City Treasurer to certify such delinquent charges to the County Treas-
urer; and
Ordinance No. 56 -12 Amending City of Dubuque Code of Ordinances Title 13 Public
Utilities, Chapter 6 Solid Waste, Article A City or Private Collection Service, Section 13-
28
6A -7 Charges; Billing and Collection by providing the procedure for delinquent solid
waste charges, establishing a lien for nonpayment of such charges, and authorizing the
Finance Director -City Treasurer to certify such delinquent charges to the County Treas-
urer. Seconded by Resnick. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 52 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRA-
TION, CHAPTER 7 CITY OFFICERS AND EMPLOYEES, SECTION 7 FINANCE DI-
RECTOR -CITY TREASURER AUTHORIZING THE FINANCE DIRECTOR -CITY
TREASURER TO CERTIFY DELINQUENT UTILITY BILLING CHARGES TO THE
COUNTY TREASURER
Section 1. City of Dubuque Code of Ordinances §1 -7 -7 is amended to read as fol-
lows:
Sec. 1 -7 -7. Finance Director -City Treasurer:
H. Certification of Delinquent Utility Billing Charges: Pursuant to Iowa Code Sec-
tion 384.84, the finance director -city treasurer will prepare, at least quarterly, an
assessment schedule listing all delinquent utility billing charges and late payment
charges which accrued in the prior month or since the last assessment schedule
was prepared, and the finance director -city treasurer is hereby delegated the au-
thority, on behalf of the city, to certify and file each such assessment schedule
with the county treasurer.
Section 2. This Ordinance takes effect on publication.
Passed, approved and adopted the 17th day of September, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of September,
2012.
/s /Kevin S. Firnstahl, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 53 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI-
TIES, CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES, SECTION 4
PAYMENT OF BILLS PROVIDING THE PROCEDURE FOR DELINQUENT WATER
SERVICE CHARGES, ESTABLISHING A LIEN FOR NONPAYMENT OF SUCH
CHARGES, AND AUTHORIZING THE FINANCE DIRECTOR -CITY TREASURER TO
CERTIFY SUCH DELINQUENT CHARGES TO THE COUNTY TREASURER
Section 1. City of Dubuque Code of Ordinances §13-1C-4 is amended to read as fol-
lows:
Sec. 13 -1 C -4. Payment of Bills:
C. Late Payments; Procedure Upon Delinquency:
1. If a bill remains unpaid twenty -five (25) days following the billing date, there
will be added to the bill a penalty of five percent (5 %) of the total utility bill for late
payment.
2. If bills are not paid within thirty (30) days following the billing date, the city re-
serves the right to discontinue water service to the delinquent customer by shut-
ting off the water service. The water service will not be restored until all current,
delinquent, and penalty charges, in addition to a turn on charge, have been paid.
29
3. If a delinquency exists for a rental property in excess of sixty (60) days, the
owner must assume responsibility for the future billings to such account.
D. Lien for Nonpayment:
1. The city will have a lien upon the real property served by the city's water sys-
tem for all delinquent charges. It is the duty of the finance director -city treasurer
to certify such delinquent charges, plus the costs of administration, to the county
treasurer and all such delinquent charges and costs will then constitute a lien
against said property and be collected with and in the same manner as general
property taxes on said property.
2. Bills for delinquent water service charges are subject to a delinquency lien cer-
tification when the same are unpaid for a period of sixty (60) days after the due
date.
3. For all active water service accounts, if full payment of all charges billed, in-
cluding late payment charges, is not received within thirty (30) days after the bill-
ing date, the city will send a notice of pending lien to the account holder in whose
name the delinquent charges were incurred. The notice must be sent at least thir-
ty (30) days prior to certification of the lien to the county to such persons by ordi-
nary mail to their last known addresses as reflected in the computer database
account records of the city or in the county auditor's real estate computer data
file. The notice must include the delinquent charge(s) and must indicate that if
payment of the total amount is not made by a certain date (corresponding to the
sixtieth (60th) day after the billing date for the delinquent account), the delinquent
charge(s) will be certified to the county as a lien against the property or premises
owned or rented by the account holder in whose name the delinquent charges
were incurred.
4. For all final water service accounts, if full payment of all charges billed, includ-
ing late payment charges, is not received within thirty (30) days after the billing
date, the city will send a notice of pending lien to the account holder in whose
name the delinquent charges were incurred. The notice must be sent at least thir-
ty (30) days prior to certification of the lien to the county to such persons by ordi-
nary mail to their last known addresses as reflected in the computer database
account records of the city or in the county auditor's real estate computer data
file. The notice must indicate that if payment of the total amount is not made by a
certain date (corresponding to the sixtieth (60th) day after the billing date for that
delinquent account), the delinquent charge or charges will be certified to the
county as a lien against the property or premises owned or rented by the account
holder in whose name the delinquent account charges were incurred.
5. If full payment of all charges billed in an active water service account billing
statement, including late payment charges, is not received within sixty (60) days
after the billing date, the finance director -city treasurer, as the city's billing and
collection agent, will prepare an assessment schedule listing such unpaid charg-
es therein.
If full payment of all charges billed in a final water service account billing state-
ment, including late payment charges, is not received within sixty (60) days after
the billing date, the finance director -city treasurer, as the city's billing and collec-
tion agent, will prepare an assessment schedule listing such unpaid charges
therein.
A five dollar ($5.00) administrative processing fee will be charged to each delin-
quent account at the time it is included in the assessment schedule, which
30
amount will be separately identified on the assessment schedule and included in
the amount being assessed. The finance director -city treasurer will prepare an
assessment schedule at least quarterly, listing all delinquent water service
charges, and late payment charges, which accrued in the prior month or since
the last assessment schedule was certified. Each such assessment schedule
must also identify each delinquent charge by name of the account holder in
whose name the delinquent rates or charges were incurred, must identify each
property for which water service charge is delinquent, and must show the delin-
quent charges and the administrative processing fee to be assessed against
each such property owned or rented by the delinquent account holder. The fi-
nance director -city treasurer is hereby delegated the authority, on behalf of the
city, to certify and file each such assessment schedule with the county treasurer
as provided in the Iowa Code Section 384.84.
6. Such lien will be enforced until payment in full of the delinquent charges and
the administrative processing fee shown on the assessment schedule is made at
the office of the county treasurer.
Section 2. This Ordinance takes effect on publication.
Passed, approved and adopted the 17th day of September, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of September,
2012.
/s /Kevin S. Firnstahl, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 54 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI-
TIES, CHAPTER 2 SEWERS AND SEWAGE DISPOSAL, ARTICLE C RATES, SEC-
TION 13 -2C -5 LIEN FOR FAILURE TO PAY BY PROVIDING THE PROCEDURE FOR
DELINQUENT SEWERS AND SEWAGE DISPOSAL CHARGES, ESTABLISHING A
LIEN FOR NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE FI-
NANCE DIRECTOR -CITY TREASURER TO CERTIFY SUCH DELINQUENT CHARG-
ES TO THE COUNTY TREASURER
Section 1. City of Dubuque Code of Ordinances §13 -2C -5 is amended to read as fol-
lows:
Sec. 13 -2C -5: Lien For Failure To Pay:
B. Certification Of Charges: It is the duty of the finance director -city treasurer to
certify the actual rates and charges plus the costs of administration to the county
treasurer as provided in section 13 -1 C -4 of this title, and all such costs will then
constitute a lien against said property and be collected with and in the same
manner as general property taxes on said property.
Section 2. This Ordinance takes effect on publication.
Passed, approved and adopted the 17th day of September, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of September,
2012.
/s /Kevin S. Firnstahl, CMC, City Clerk
31
OFFICIAL PUBLICATION
ORDINANCE NO. 55 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI-
TIES, CHAPTER 4 STORMWATER MANAGEMENT, SECTION 11 BILLING, DELIN-
QUENT ACCOUNTS AND COLLECTION PROCEDURES PROVIDING THE PROCE-
DURE FOR DELINQUENT STORMWATER MANAGEMENT CHARGES, ESTABLISH-
ING A LIEN FOR NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE
FINANCE DIRECTOR -CITY TREASURER TO CERTIFY SUCH DELINQUENT
CHARGES TO THE COUNTY TREASURER
Section 1. City of Dubuque Code of Ordinances §13 -4 -11 is amended to read as fol-
lows:
Sec. 13 -4 -11. Billing, Delinquent Accounts And Collection Procedures:
A. Billing Procedure: The procedures for billing of the stormwater management
service charges provided in section 13 -4 -6 through 13 -4 -8 of this chapter and for
the collection of delinquent stormwater management service charges are as pro-
vided in section 13 -1 C -4 of this title.
B. Billing Directly For Stormwater Management Services: Contributors who are
not billed by the city for water, sanitary sewer or refuse will be directly billed for
stormwater management services by the city. In such instances, the billing and
collection of stormwater management charges is subject to the same rules and
procedures as to delinquency in payment, certification of delinquency, and prop-
erty lien as provided in section 13 -1 C -4 of this title.
Section 2. This Ordinance takes effect on publication.
Passed, approved and adopted the 17th day of September, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of September,
2012.
/s /Kevin S. Firnstahl, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 56 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI-
TIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION
SERVICE, SECTION 13 -6A -7 CHARGES; BILLING AND COLLECTION BY PROVID-
ING THE PROCEDURE FOR DELINQUENT SOLID WASTE CHARGES, ESTABLISH-
ING A LIEN FOR NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE
FINANCE DIRECTOR -CITY TREASURER TO CERTIFY SUCH DELINQUENT
CHARGES TO THE COUNTY TREASURER
Section 1. City of Dubuque Code of Ordinances §13 -6A -7 is amended to read as fol-
lows:
Sec. 13 -6A -7: Charges; Billing And Collection:
D. Certify Delinquent Accounts To County Treasurer: It is the duty of the finance
director -city treasurer to certify the actual rates and fees plus the costs of admin-
istration to the county treasurer as provided in section 13 -1 C -4 and all such costs
will constitute a lien against said property and be collected with and in the same
manner as general property taxes on said property.
Section 2. This Ordinance takes effect on publication.
Passed, approved and adopted the 17th day of September, 2012.
32
/s /Roy D. Buol, Mayor
Attest: /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of September,
2012.
/s /Kevin S. Firnstahl, CMC, City Clerk
Eagle Point Energy - 1, LLC: City Manager recommending an amendment to the Ea-
gle Point Energy - 1, LLC License Agreement for the solar power cells on the Municipal
Services Building. Motion by Connors to receive and file the documents and adopt Res-
olution No. 261 -12 Approval of an amendment to the License Agreement regarding so-
lar photovoltaic equipment between the City of Dubuque, Iowa, and Eagle Point Energy
- 1, LLC. Seconded by Braig. Motion carried 6 -0.
RESOLUTION NO. 261 -12
APPROVAL OF AN AMENDMENT TO THE LICENSE AGREEMENT REGARDING
SOLAR PHOTOVOLTAIC EQUIPMENT BETWEEN THE CITY OF DUBUQUE, IOWA
AND EAGLE POINT ENERGY- 1, LLC
Whereas, the City of Dubuque, Iowa (City) and Eagle Point Energy - 1, LLC (Eagle
Point) entered into a License Agreement Regarding Solar Photovoltaic Equipment be-
tween the City of Dubuque, Iowa and Eagle Point Energy - 1, LLC dated the 3rd day of
October, 20122: and
Whereas, the parties now desire to amend certain sections of the License Agree-
ment; and
Whereas, the City Council finds that it is in the best interests of the City to approve
the License Agreement, a copy of which is [provided] hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Amendment to License Agreement [provided] hereto is hereby ap-
proved.
Section 2. The City Manager is authorized to execute said Amendment on behalf of
the City of Dubuque.
Passed, approved and adopted this 17th day September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Bee Branch Creek Restoration Project Service Agreement with Railroad: City Man-
ager recommending a Service Agreement between Dakota, Minnesota, & Eastern
(DM &E) Railroad Corporation, a corporation doing business as Canadian Pacific (CP),
and the City of Dubuque relating to the design of the proposed railroad bridge to be
constructed as part of the Bee Branch Creek Restoration Project. Motion by Braig to re-
ceive and file the documents and adopt Resolution No. 262 -12 Authorizing the Service
Agreement made and entered into by and between the City Of Dubuque, Iowa and Da-
kota, Minnesota & Eastern Railroad Corporation, doing business as Canadian Pacific.
Seconded by Jones. Motion carried 6 -0.
RESOLUTION NO. 262 -12
AUTHORIZING THE SERVICE AGREEMENT MADE AND ENTERED INTO BY AND
BETWEEN THE CITY OF DUBUQUE, IOWA AND DAKOTA, MINNESOTA & EAST-
ERN RAILROAD CORPORATION, DOING BUSINESS AS CANADIAN PACIFIC
33
Whereas, City is involved in activities to modify storm water drainage by day lighting
the Bee Branch Creek ( "Bee Branch Project ") from 15th Street and Sycamore Street to
24th Street and Washington Street all within the city;
Whereas, City is conducting design engineering of the Bee Branch Project (the "De-
sign Engineering ");
Whereas, the freight railroad operating property and freight rail operations of CP will
be impacted by the Bee Branch Project;
Whereas, City needs access to CP property and records, and input from CP for de-
sign engineering and ultimately requires CP's written approval of the Design Engineer-
ing plans;
Whereas, CP is willing to cooperate with City's Design Engineering work, provided
that CP is fully reimbursed for such services and City is agreeable to proceeding on that
basis;
Whereas, City and CP have signed a Memorandum of Understanding dated Septem-
ber 7, 2012 concerning their mutual roles and objectives for the Bee Branch Project;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Manager is hereby authorized to sign the attached Service Agreement
and any necessary amendments thereto with Dakota, Minnesota, & Eastern Railroad
Corporation, a corporation doing business as Canadian Pacific for the purpose of ad-
vancing the engineering design of the railroad bridge required as part of the next phase
of the Bee Branch Creek Restoration Project.
Passed, approved and adopted this 17th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Council Member Sutton reported on her attendance at the Mexican Independence
Day event in Jackson Park.
There being no further business, upon motion the City Council adjourned at 7:17 p.m.
/s /Kevin S. Firnstahl, CMC
City Clerk
34