5 07 12 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on May 7, 2012 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called
to act upon such business that may properly come before the Council.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
PROCLAMATION(S)
Dubuque Noon Lions Club 90th Anniversary Week (May 6 -12, 2012) was accepted
by current Lions Club President Dave Howe and incoming Lions Club President Eldon
Hefei.
Nursing Home Week (May 13 -19, 2012) was accepted by Barbara Barker Administra-
tor for Luther Manor, 3131 Hillcrest Road.
Peace Officers' Memorial Week (May 13 -19, 2012) was accepted by Police Chief
Mark Dalsing and Corporal Travis Kramer of the City of Dubuque Police Department.
Preservation Month (May 2012) was accepted by Historic Preservation Commission
Chairperson David Klavitter.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Jones. Motion carried 7 -0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
3/27, City Council Proceedings of 4/16, Community Development Advisory, Commission
of 4/18, Dubuque County Emergency Management Commission of 2/7, Environmental
Stewardship Advisory Commission of 4/3, Historic Preservation Commission of 4/19,
Human Rights Commission of 3/22, Library Board of Trustees of 3/22, Safe Community
Advisory Committee of 3/14, Transit Advisory Board of 4/12, Zoning Board of Adjust-
ment of 4/26
Library Board of Trustees Update from Meeting of 4/26
Proofs of Publication for City Council Proceedings of 4/2 and 4/16, and List of Claims
and Summary of Revenues for Month Ended 3/31
Upon motion the documents were received and filed.
1
Notice of Claims and Suits: Steve Bartels for vehicle damage, Bechen, et al vs. City
of Dubuque / Dubuque Racing Association d /b /a Mystique Casino for personal injury,
David Jansen for property damage. Upon motion the documents were received and filed
and referred to City Attorney.
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: Steve Bartels for vehicle damage. Upon motion the documents receive,
file and concurred.
2012 Justice Assistance Grant (JAG) Application: City Manager recommending ap-
proval to accept the 2012 Justice Assistance Grant (JAG) award in the amount of
$37,320 from the Edward Byrne Memorial Assistance Grant Program. Upon motion the
documents were received, filed, and approved.
County Board of Health - Subcontract Amendment: City Manager recommending ap-
proval of an amended Subcontract for the Healthy Homes and Childhood Lead Poison-
ing Prevention Services between the Dubuque County Board of Health and the City of
Dubuque. Upon motion the documents were received, filed, and approved.
Iowa Department of Transportation - Urban Youth Corps Grant Agreement: City
Manager recommending approval of an Urban Youth Corps Grant Agreement with the
Iowa Department of Transportation for $23,478 to provide transportation- related em-
ployment and training opportunities to youth between the ages of 16 and 21 who face
barriers to employment. Upon motion the documents were received, filed, and approved
Code of Ordinances - Adoption of Supplement No. 8: City Clerk recommending adop-
tion of Supplement No. 8 to the City of Dubuque Code of Ordinances, which adopted
Ordinance Nos. 1, 3 -5, and 14 -20, 2012. Upon motion the documents were received
and filed and Resolution No. 100 -12 Adopting Supplement No. 8 to the Code of Ordi-
nances of the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 100 -12
ADOPTING SUPPLEMENT NO. 8 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance
No. 43 -09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entire-
ty; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolu-
tion, become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
2
Section 1. That Supplement No. 8 of the Code of Ordinances of the City of Dubuque,
Iowa, covering Ordinances 1, 3 -5, and 14 -20, 2012 passed by Council and enacted
through March 3, 2012, prepared by the Sterling Codifiers, Inc., and filed in the Office of
the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the
Code of Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 7 h day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Community Development Block Grant (CDBG) Fiscal Year 2013 Agreement: City
Manager recommending approval for the Mayor to sign a Community Development
Block Grant (CDBG) Agreement with the U.S. Department of Housing and Urban De-
velopment (HUD) in the amount of $928,372 for the program year beginning July 1,
2012 and ending June 30, 2013. Upon motion the documents were received and filed
and Resolution No. 101 -12 Authorizing Execution of a Community Development Block
Grant Agreement with the U.S. Department of Housing and Urban Development was
adopted.
RESOLUTION NO. 101 -12
RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT.
Whereas, under provisions of Title I of Housing and Community Development Act of
1974, as amended, the City of Dubuque prepared and submitted an Annual Action Plan
for a Community Development Block Grant; and
Whereas, the submission has been approved by the U.S. Department of Housing and
Urban Development in the amount of $928,372for a twelve month program year com-
mencing July 1, 2012 and ending June 30, 2013; and
Whereas, a grant agreement covering the activities proposed to be carried out with
the Community Development Block Grant funds has been transmitted to the City of
Dubuque by the U. S. Department of Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Funding Approval /Agreement, authorized by the U.S. Department
of Housing and Urban Development beginning July 1, 2012 for a
Community Development Block Grant to the City of Dubuque in the amount of
$928,372 and identified as Grant Number B- 12 -MC -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 Agreement on behalf of the City of Dubuque, Iowa.
Passed, approved and adopted this 7th day of May 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
Housing Commission / Human Rights Commission: Commissioner Regine Ronek
submitting her resignation from the Housing Commission and Human Rights Commis-
sion. Upon motion the documents were received and filed and the resignation accepted.
3
Project Concern - Fiscal Year 2012 -2013 Funding Changes: City Manager transmit-
ting correspondence from Project Concern that provides a synopsis of changes in the
agency's 2012 -2013 Fiscal year. Upon motion the document was received and filed.
State Historical Society of Iowa: Correspondence from the State Historical Society of
Iowa informing the City that the Cathedral Historic District (Amendment and Update)
and the Upper Central Avenue Commercial Historic District (1460 -1965 Central Avenue)
will be considered by the State National Register Nominations Review Committee for
nomination to the National Register of Historic Places. Upon motion the documents
were received and filed.
10th Annual Ken Kringle Award: Correspondence from Senator Pam Jochum con-
gratulating the City on receiving the 10th Annual Ken Kringle Award recognizing the
renovation of the Washington Street Rowhouses. Upon motion the document was re-
ceived and filed.
Dubuque Soil and Water Conservation District - Catfish Creek Watershed Manage-
ment Authority: City Manager recommending approval of a contract with the Dubuque
Soil and Water Conservation District for the creation of the Catfish Creek Watershed
Management Authority. Upon motion the documents were received and filed and Reso-
lution No.102 -12 Approving a contract for watershed planning between the City of
Dubuque, Iowa, and the Dubuque Soil and Water Conservation District was adopted.
RESOLUTION NO. 102 -12
APPROVING A CONTRACT FOR WATERSHED PLANNING BETWEEN THE CITY
OF DUBUQUE, IOWA AND THE DUBUQUE SOIL AND WATER CONSERVATION
DISTRICT
Whereas, the City of Dubuque is party to the Agreement creating the Dubuque Soil
and Water Conservation District (the District); and
Whereas, City wishes to engage the District to provide certain technical and profes-
sional watershed planning services on the terms and condition set forth in the attached
Agreement; and
Whereas, the District has the authority to perform services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Agreement attached hereto is hereby approved.
Section 2. The Mayor is authorized and directed to execute the Agreement on behalf
of the City of Dubuque
Passed, approved, and adopted this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Historic Resource Development Program (HRDP) Grant Application - Four Mounds
Estate: City Manager recommending authorization to sign the ownership form in support
of the Historic Resource Development Program grant application for barn restoration at
the Four Mounds Estate Historic District. Upon motion the documents were received
4
and filed and Resolution No.103 -12 Authorizing HRDP grant application to the State
Historical Society of Iowa for Barn Restoration Project at Four Mounds Estate Historic
District was adopted.
RESOLUTION NO. 103 -12
RESOLUTION AUTHORIZING HRDP GRANT APPLICATION TO THE STATE HIS-
TORICAL SOCIETY OF IOWA FOR BARN RESTORATION PROJECT AT FOUR
MOUNDS ESTATE HISTORIC DISTRICT
Whereas, the State Historical Society of Iowa has determined historic building resto-
rations are eligible for Historic Resource Development Program (HRDP) funds; and
Whereas, the City of Dubuque owns the Four Mounds Estate Historic District and has
designated the property as a City Landmark Site; and
Whereas, the City of Dubuque supports the barn restoration project proposed by the
Four Mounds Foundation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager is authorized to sign the ownership form in support
of the application by the Four Mounds Foundation to the State Historical Society of Iowa
for HRDP Grant Funds for the barn restoration project at Four Mounds Estate Historic
District.
Passed, approved and adopted this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Historic Resource Development Program (HRDP) Grant Application Histor-
ic /Architectural Survey and Evaluation Phase VI: City Manager recommending approval
for the Mayor to sign the Historic Resource Development Program grant application for
Phase VI Historic /Architectural Survey and Evaluation in the amount of $15,000. Upon
motion the documents were received and filed and Resolution No. 104 -12 Authorizing
HRDP grant application to the State Historical Society of Iowa for Phase VI Histori-
cal /Architectural Survey and Evaluation was adopted.
RESOLUTION NO. 104 -12
RESOLUTION AUTHORIZING HRDP GRANT APPLICATION TO THE STATE HIS-
TORICAL SOCIETY OF IOWA FOR PHASE VI HISTORIC /ARCHITECTURAL SUR-
VEY AND EVALUATION
Whereas, the State Historical Society of Iowa has determined historic /architectural
surveys and evaluations are eligible for Historic Resource Development Program
(HRDP) funds; and
Whereas, the City of Dubuque is a Certified Local Government (CLG) in good stand-
ing and has approved a phased program for historic /architectural surveys and evalua-
tions in the community.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
5
Section 1. That the Mayor is authorized to sign and submit the application to the
State Historical Society of Iowa for HRDP Grant Funds for the Phase VI Histor-
ic /Architectural Survey and Evaluation project.
Section 2. That the City of Dubuque agrees to abide by all local, state and federal re-
quirements applicable to the proposed budget.
Passed, approved and adopted this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Substance Abuse Services Center: Substance Abuse Services Center Executive Di-
rector Diane K. Thomas submitting the Center's Third Quarter Report. Upon motion the
document was received and filed.
Fiscal Year 2013 Community Development Block Grant (CDBG) Program: City Man-
ager recommending approval of the Release of Funds for the proposed projects ap-
proved in the Fiscal Year 2013 (Program Year 2012) Annual Action Plan for Community
Development Block Grant (CDBG) activities. Upon motion the documents were received
and filed and Resolution No. 105 -12 Authorizing request for release of Community De-
velopment Block Grant Funds for Fiscal Year 2013 (Program Year 2012) was adopted.
RESOLUTION NO. 105 -12
A RESOLUTION AUTHORIZING REQUEST FOR RELEASE OF COMMUNITY DE-
VELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2013 (PROGRAM YEAR
2012)
Whereas, the City of Dubuque will enter into a Community Development Block Grant
Agreement for the Fiscal Year commencing July 1, 2012, with the U.S. Department of
Housing and Urban Development, providing for financial assistance to the City under
Title I of the Housing and Community Development Act of 1974, as amended; and
Whereas, pursuant to the rules and regulations as promulgated by the U.S. Depart-
ment of Housing and Urban Development, an environmental review has been pro-
cessed for the hereinafter listed projects to be financed with Community Development
Block Grant funds; and
Whereas, a Notice of Intent to Request Release of Funds for said grants has been
published on May 1, 2012 to commence the required seven (7) day public comment pe-
riod; and
Whereas, any and all comments received as a result of such notice will be duly con-
sidered before proceeding with a Request for Release of Funds and Certification, and
Whereas, a Request for Release of Funds and Certification must be sent to the U.S.
Department of Housing and Urban Development at the conclusion of the comment peri-
od.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed
to execute a Request for Release of Funds and Certification for the following identified
Community Development Block Grant projects on or about May 10, 2012 and submit to
the U.S. Department of Housing and Urban Development. Community Development
6
Block Grant Annual Plan Projects Fiscal Year 2013 (Program Year 2012)
Housing Programs: First Time Home Buyer Program; Homeowner Rehabilitation
(Operation Upkeep; Residential Rehabilitation Loan Program); Housing Administration
Services and Staff; Housing Code Enforcement; Housing Rehabilitation Services and
Staff; Lead Paint Hazard Abatement Project; Rental Unit Rehabilitation (Emergency
Code Enforcement Loan Program; Moderate Income Rental Rehab Loan Program; Ac-
cessibility Rehab; Single Room Occupancy Rehab)
Economic Development Programs: Commercial Industrial Building Rehab program
and Revolving Loan Fund; Economic Development Financial Assistance Program and
Revolving Loan Fund
Neighborhood and Community Development Programs: Accessible Curb Ramps;
Child Care Resource and Referral; Dubuque Dispute Resolution Center; Information
and Referral Service; Neighborhood Development Services and Staff; Neighborhood
Infrastructure Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk
Program; Neighborhood Step/Wall Repair); Neighborhood Recreation Program; Neigh-
borhood Support Grants; Opening Doors; Senior Center; Washington Tool Library; Zon-
ing Inspection/ Enforcement
Planning and Administration: CDBG Administration Services and Staff
No funds will be committed prior to completion of a review for other related laws of 24
CFR 58.5, including Section 106, if required for site - specific projects that are currently
unidentified.
Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to
assume the status of a responsible federal official under the National Environmental
Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of
Housing and Urban Development responsibilities for review, decision making, and ac-
tion assumed and carried out by the City of Dubuque as to environmental issues.
Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf of the City of Dubuque, to accept the
jurisdiction of the federal courts if an action is brought to enforce responsibilities in rela-
tion to environmental review, decision - making and action.
Passed, approved and adopted this 7th day of May 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Quarterly Investment Report: City Manager transmitting the March 31, 2012 Quarterly
Investment Report. Upon motion the documents were received and filed.
PetData, Inc. - Revised Agreement: City Manager recommending approval of a re-
vised renewal agreement with PetData, Inc., for the pet licensing services that process-
es the sale of all dog and cat licenses in the City. Upon motion the documents were re-
ceived, filed, and approved.
Plastic Center Development Agreement Second Amendment: City Manager recom-
mending approval of the Second Amendment to the Development Agreement with Plas-
tic Center Inc. to redevelop properties located at 426 W. 5th Street and 951, 955 and
957 Main Street. Upon motion the documents were received, filed and Resolution No.
7
106 -12 Approving the Second Amendment to the Plastic Center, Inc., Development
Agreement was adopted.
RESOLUTION NO. 106 -12
RESOLUTION APPROVING THE SECOND AMENDMENT TO THE PLASTIC CEN-
TER, INC. DEVELOPMENT AGREEMENT
Whereas, a Development Agreement (the Agreement), dated February 7, 2011, was
entered into by and between the City of Dubuque, a municipal corporation of the State
of Iowa (City), and Plastic Center, Inc. (Developer); and
Whereas, City and Plastic Center, Inc. now desire to amend the Development
Agreement as set forth attached Second Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Second Amendment of the Plastic Center, Inc. Development
Agreement is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said Second
Amendment on behalf of the City of Dubuque and the City Clerk is authorized and di-
rected to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary
to implement the terms of the Second Amendment as herein approved.
Passed, approved and adopted this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Request for Proposals - Thirty -Inch Force Main: City Manager recommending ap-
proval to release a Request for Proposals for the design to relocate the 30 -inch force
main from 12th Street to 7th Street. Upon motion the documents were received, filed, and
approved.
Collective Bargaining Agreement Amendment - Teamsters Local Union No. 120 (Bus
Operators): City Manager recommending approval of an amendment to the Collective
Bargaining Agreement between the City of Dubuque and the Teamsters Local Union
No. 120 (Bus Operators). Upon motion the documents were received, filed, and ap-
proved.
Plat of Survey - Bee Branch Subdivision No. 9: City Manager recommending approv-
al of the Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No. 9. Upon motion
the documents were received and filed and Resolution No. 107 -12 Approving Plat of
Survey of Lot 1 and Lot 2 of Bee Branch Subdivision No. 9 in the City of Dubuque,
Dubuque County, Iowa, was adopted.
RESOLUTION NO. 107 -12
RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1 AND LOT 2 OF BEE
BRANCH SUBDIVISION NO. 9 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
8
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated the 3rd day of April, 2012, prepared by Buesing & Associates, Inc. describ-
ing Lot 1 -4 -103, Lot 2 -4 -103, Lot 2 -1 -1 -3 -103, and Lot 1 -5 -103 all in L.H. Langworthy's
Addition to be hereinafter known as Lot 1 and Lot 2 of Bee Branch Subdivision No. 9 in
the City of Dubuque, Dubuque County, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 3rd day of April, 2012, prepared by Buesing & As-
sociates, Inc. relative to the real estate hereinabove described be and the same is
hereby approved, and the Mayor and City Clerk be and they are hereby authorized and
directed to execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said
plat and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Iowa Public Art Network Conference: City Manager recommending approval to sub-
mit a letter of interest to the Iowa Arts Council to host an Iowa Public Art Network Con-
ference in partnership with the Iowa Arts Council, Dubuque Museum of Art and the
Voices from the Warehouse Organizing Committee. Upon motion the documents were
received, filed, and approved.
Watershed Management Authority (WMA) Progress Report No. 2: City Manager
transmitting the Catfish Creek Watershed Management Authority Progress Report No.
2. Upon motion the document was received and filed.
Excess County Parcels - Acceptance of Quit Claim Deeds: City Manager recom-
mending acceptance of quit claim deeds for five (5) excess parcels that the Dubuque
County Treasurer offered to the City of Dubuque for purchase and approved by the City
Council at the November 21, 2011 meeting. Upon motion the documents were received
and filed and Resolution No. 108 -12 Accepting a conveyance of property: the North �/2
of the West 25 Feet of Lot 760 of A. McDaniels Subdivision; Resolution No. 109 -12 Ac-
cepting a Conveyance of property: the South �/2 of the West 25 Feet of Lot 760 of A.
McDaniels Subdivision; Resolution No. 110 -12 Accepting a conveyance of property: Lot
31 Of Levi's Addition in the City of Dubuque; Resolution No. 111 -12 Accepting a con-
veyance of property: Lot D of Block 12 of Key Knolls Subdivision in the City of Dubuque;
and Resolution No. 112 -12 Accepting a conveyance of property: Lot 3 of Lot 1 of Miner-
al Lot 233 in the City of Dubuque were adopted.
RESOLUTION NO. 108 -12
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY: THE NORTH 1/2 OF
THE WEST 25 FEET OF LOT 760 OF A. MCDANIELS SUBDIVISION
9
Whereas, the City of Dubuque entered into an agreement with the County of Dubu-
que, Iowa, pursuant to which the County of Dubuque agreed to convey the North '/2 of
the West 25 Feet of Lot 760 of A. McDaniels Subdivision in the City of Dubuque, Iowa,
as shown on the Quit Claim Deed thereof; and
Whereas, the County of Dubuque 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 Quit Claim Deed from the County of Dubuque, 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, approved and adopted this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 109 -12
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY: THE SOUTH 1/2 OF
THE WEST 25 FEET OF LOT 760 OF A. MCDANIELS SUBDIVISION
Whereas, the City of Dubuque entered into an agreement with the County of Dubu-
que, Iowa, pursuant to which the County of Dubuque agreed to convey the South '/2 of
the West 25 Feet of Lot 760 of A. McDaniels Subdivision in the City of Dubuque, Iowa,
as shown on the Quit Claim Deed thereof; and
Whereas, the County of Dubuque 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 Quit Claim Deed from the County of Dubuque, 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, approved and adopted this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 110 -12
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY: LOT 31 OF LEVI'S
ADDITION IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an agreement with the County of Dubu-
que, Iowa, pursuant to which the County of Dubuque agreed to convey Lot 31 of Levi's
Addition in the City of Dubuque, Iowa, as shown on the Quit Claim Deed thereof; and
Whereas, the County of Dubuque has executed a conveyance of said property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
10
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac-
cepts and consents to the Quit Claim Deed from the County of Dubuque, 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, approved and adopted this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 111 -12
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY: LOT D OF BLOCK
12 OF KEY KNOLLS SUBDIVISION IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an agreement with the County of Dubu-
que, Iowa, pursuant to which the County of Dubuque agreed to convey Lot D of Block
12 of Key Knolls Subdivision, in the City of Dubuque, Iowa, as shown on the Quit Claim
Deed thereof; and
Whereas, the County of Dubuque 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 Quit Claim Deed from the County of Dubuque, 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, approved and adopted this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 112 -12
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY: LOT 3 OF LOT 1
OF MINERAL LOT 233 IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an agreement with the County of Dubu-
que, Iowa, pursuant to which the County of Dubuque agreed to convey Lot 3 of Lot 1 of
Mineral Lot 233 in the City of Dubuque, Iowa, as shown on the Quit Claim Deed thereof;
and
Whereas, the County of Dubuque 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 Quit Claim Deed from the County of Dubuque, 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, approved and adopted this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11
Federal Emergency Management Agency (FEMA) - Buyout Grant Agreement for
Flood- Damaged Homes: City Manager recommending approval of the City of Dubu-
que's 2011 Hazard Mitigation Grant Program Buyout Agreement with the Iowa Home-
land Security and Emergency Management Division for acquisition and removal of four
flood- damaged properties in the Manson Road /Old Mill Road area. Upon motion the
documents were received, filed and Resolution No. 113 -12 Authorizing 2011 HMGP
Grant Agreement and related contracts for buyout of four flood- damaged properties was
adopted.
RESOLUTION NO. 113 -12
RESOLUTION AUTHORIZING 2011 HMGP GRANT AGREEMENT AND RELATED
CONTRACTS FOR BUYOUT OF FOUR FLOOD DAMAGED PROPERTIES
Whereas, the City of Dubuque has identified the buyout of four flood damaged prop-
erties in the Manson Road /Old Mill Road area that qualify for the HMGP buyout funds;
and
Whereas, the Iowa Homeland Security and Emergency Management Division has
awarded Hazard Mitigation Grant Program (HMGP) funds to the City of Dubuque for
buyout of the four flood damaged properties.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to sign the 2011 HMGP Buyout Agree-
ment for the buyout of the four flood damaged properties in the Manson Road /Old Mill
Road area.
Section 2. The Mayor hereby is authorized to sign the administrative contract with
ECIA (East Central Intergovernmental Association) and the legal services contract with
Dubuque County Abstract and Title Company for the buyout of the four flood damaged
properties.
Section 3. The City Council hereby provides its written assurance that the required
local match for the 2011 HMGP Buyout Agreement will be provided and made available,
and agrees to abide by all local, state and federal requirements applicable to the pro-
ject.
Passed, approved and adopted this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
City Towing Contract: City Manager recommending proposed changes to the City of
Dubuque towing contract which is set to expire on July 1, 2012. Upon motion the docu-
ments were received, filed, and approved.
PEG Capital Expenditure Request: City Manager recommending approval of the Ca-
ble TV Commission's request for funding from the Public, Educational, and Government
(PEG) Capital Grant for Access Equipment and Facilities for up to $2,200 to purchase
and install, in the Historic Federal Building Media Room, a device that will hold multiple
video clips and instantly play them back. Upon motion the documents were received,
filed, and approved.
12
Area Residential Care (ARC) Transfer Center - Phase II: City Manager recommend-
ing approval of a $300,000 Public Transit Infrastructure Grant (PTIG) program applica-
tion to the Iowa Department of Transportation for construction of a Transfer Center at
the Area Residential Care Foundation (ARC). Upon motion the documents were re-
ceived, filed, and approved.
Banner Policy Recommendation: City Manager requesting approval on revisions to
the City of Dubuque banner policy and process. Upon motion the documents were re-
ceived, filed, and approved.
North Cascade Road Bridge Replacement Project - 28E Agreement: City Manager
recommending approval for the Mayor to execute an Intergovernmental 28E Funding
Agreement with Dubuque County for the North Cascade Road Bridge Replacement Pro-
ject in Dubuque County. Upon motion the documents were received, filed and Resolu-
tion No. 114 -12 Approving an Intergovernmental 28E Funding Agreement between the
City of Dubuque and Dubuque County for the North Cascade Road Bridge Replacement
Project, Iowa DOT Project No. STP -U -2100 (671) 5E -31 was adopted.
RESOLUTION NO. 114 -12
RESOLUTION APPROVING AN INTERGOVERNMENTAL 28E FUNDING agreement
BETWWEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY for the NORTH
CASCADE ROAD BRIDGE REPLACEMENT PROJECT, IOWA DOT PROJECT NO.
STP -U -2100 (671)- -5E -31
Whereas, on July 27 -28, 2011, Dubuque County (County) received extremely heavy
rainfall with amounts reported to be up to 15 inches in 12 hours; and
Whereas, rushing flood waters on the South Fork of Catfish Creek overtopped the
North Cascade Road and bridge, washing out major portions of the west approach
roadway to the bridge, including the west abutment causing the bridge to collapse on
the morning of July 28th at approximately 8:30 A.M.; and
Whereas, on August 30, 2011, City and County received a Presidential Declaration
(DR- 4018 -IA) for public assistance to restore facilities to "pre- flood" condition through
the Federal Emergency Repair (ER) Program; and
Whereas, the North Cascade Road Bridge is currently under the jurisdiction of Coun-
ty and due to the bridge location and close proximity to City's corporate limits, the road
is classified as an urban collector; and
Whereas, the existing North Cascade Road and Bridge are currently substandard
with respect to roadway width, and both horizontal and vertical geometric alignment, re-
sulting in the existing sight distance along this stretch of North Cascade Road being
less than desirable; and
Whereas, City and County desire to maintain and increase transportation infrastruc-
ture while improving safety for the motorist within the City of Dubuque and Dubuque
County; and
Whereas, it is in City and County's best interests to design and construct the bridge
and roadway to urban (city) design standards rather than typical rural standards; and
Whereas, the Iowa Department of Transportation (Iowa DOT) and the Federal High-
way Administration (FHWA) have issued a determination that reconstructing the bridge
13
and roadway to urban (city) design standards would be considered betterment (design
upgrade) and would not be eligible for ER program funding; and
Whereas, City and County requested and received approval from both the Iowa DOT
and the Dubuque Metropolitan Area Transportation Study (DMATS) to shift a portion of
City's DMATS Surface Transportation Program (STP) programmed funds to assist in
funding the North Cascade Road Bridge and the associated road pavement repairs; and
Whereas, on February 6, 2012 City's City Council approved in Resolution No. 35 -12,
a Federal Aid Funding Agreement No. 6- 11- STPU -21 for the North Cascade Road
Bridge Replacement Project (Iowa DOT Project No. STP -U -2100 (671)-- 5E -31); and
Whereas, pursuant to the terms and conditions of the Federal Aid Funding Agree-
ment No. 6 -11- STPU -21, City's DMATS STP funds and local matching funds (Sales Tax
— 30 %), will be used to fund project costs that are considered non - eligible for ER pro-
gram funding; and
Whereas, City has agreed to be responsible for all betterment costs to urban (city)
design standards, such as an additional 2 feet bridge deck width, a separated pedestri-
an sidewalk added to the south side of the bridge, increasing the roadway pavement
width from 26 feet to 35 feet and adding curb and gutter along with storm sewer; and
Whereas, City and County acknowledge the mutual benefit to partner on the project
and will agree to contribute funding for the project as set forth herein.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said 28E Funding Agreement between the City of Dubuque and
Dubuque County be hereby approved for the North Cascade Road Bridge Replacement
Project in Dubuque.
Section 2. That the Mayor be authorized and directed to execute two copies of 28E
Funding Agreement for the North Cascade Road Bridge Replacement Project in Dubu-
que.
Passed, approved and adopted this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Vacant and Abandoned Building and Problem Property Collection Accounts: City
Manager recommending authorization to certify vacant and abandoned building and
problem property charges to the Dubuque County Treasurer in order to establish real
property liens for collection of such charges. Upon motion the documents were re-
ceived, filed and Resolution No. 115 -12 Authorizing the City to collect delinquent vacant
and abandoned building and problem property charges in accordance with Title 6 -6-
3B1 h; Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Io-
wa, was adopted.
RESOLUTION NO. 115 -12
RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT VACANT AND
ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORD-
ANCE WITH TITLE 6- 6 -3B1h; TITLE 6 -6 -4B3 & TITLE 6 -6B OF THE CODE OF OR-
DINANCES OF THE CITY OF DUBUQUE, IOWA
14
Whereas, residential properties in the City of Dubuque are considered hazardous or
unsanitary premises if vacant and abandoned buildings and problem properties are al-
lowed to deteriorate according to 6 -6 -3B1 h; and
Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "pal-
pably and indisputably such" exists which requires immediate action to protect the pub-
lic health, safety or welfare of the public, the Housing Officer may order the emergency
abatement of such; and
Whereas, delinquent vacant and abandoned building and problem property charges
shall be certified by the City Clerk to the Dubuque County Treasurer for collection with,
and in the same manner as general property taxes;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the persons listed on the attached VAB /Problem Property Assess-
ment Schedule are delinquent in the payment of vacant and abandoned building and
problem property charges.
Section 2. That the City Clerk be and is hereby ordered and directed to certify to the
County Treasurer of Dubuque County, Iowa, that the persons named on the attached
VAB /Problem property Assessment Schedule are delinquent in the payment of vacant
and abandoned building and problem property charges in the amount set aside of the
respective names, and that said amounts shall be collected in the same manner as
general property taxes against the respective parcels of property set opposite the
names of the owners.
Passed, approved and adopted this 7th day of May, 2012.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Delinquent Garbage Collection Accounts: City Manager recommending authorization
to certify garbage collection charges to the Dubuque County Treasurer in order to es-
tablish real property liens for collection of such charges. Upon motion the documents
were received, filed and Resolution No. 116 -12 Authorizing the City to collect delinquent
garbage collection charges in accordance with Title 6- 6 -3C2o; title 6 -6 -4B3 & Title 6 -6B
of the Code of Ordinances of the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 116 -12
RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT GARBAGE
COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3C2O; TITLE 6 -6 -4B3
& TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA
Whereas, residential properties in the City of Dubuque are considered substandard if
any conditions exist to an extent that endanger life, limb, health, property, safety or wel-
fare of the public or the occupants thereof; and
Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "pal-
pably and indisputably such" exists which requires immediate action to protect the pub-
lic health, safety or welfare of the public, the Housing Officer may order the emergency
abatement of such; and
15
Whereas, delinquent garbage collection charges shall be certified by the City Clerk to
the Dubuque County Treasurer for collection with, and in the same manner as general
property taxes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the persons listed on the attached Garbage Assessment Schedule
are delinquent in the payment of grass and weed cutting and garbage collection charg-
es:
Section 2. That the City Clerk be and is hereby ordered and directed to certify to the
County Treasurer of Dubuque County, Iowa, that the persons named on the attached
Garbage Assessment Schedule are delinquent in the payment of garbage collection
charges in the amount set aside of the respective names, and that said amounts shall
be collected in the same manner as general property taxes against the respective par-
cels of property set opposite the names of the owners.
Passed, approved and adopted this 7th day of May, 2012.
Roy D Buol, Mayor
Attest: Kevin S Firnstahl, City Clerk
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXX
Sustainable Dubuque Project Status Update: City Manager transmitting the monthly
Sustainable Dubuque Project Status Update for April 2012. Upon motion the document
was received and filed.
Dubuque Golf and Country Club - 2012 Fireworks Request: Communication from
Rich Bugalski, Dubuque Golf and Country Club, requesting permission to display fire-
works on Wednesday, July 4, 2012 (rain date of Thursday, July 5, 2012) on the Dubu-
que Golf and Country Club grounds. Upon motion the documents were received, filed,
and approved.
Signed Contracts: A) IDOT Roadway Maintenance Agreement; B) Professional Ser-
vices Agreement with Shive - Hattery, Inc., for design of traffic signalization reconstruc-
tion at JFK Road and Wacker Drive intersection; and C) Consultant Contract Amend-
ment with JJR for Port of Dubuque Marina Project. Upon motion the documents were
received and filed.
ARC Transfer Center Phase I - Easement Agreement: City Manager recommending
approval of an Easement Agreement with Area Residential Care, Inc. for the canopy
structure to be built at the Area Residential Care Facility at JFK Circle for protection
from weather of passengers waiting to board and de -board from fixed route and para-
transit buses. Upon motion the documents were received, filed, and approved.
Alcohol Compliance Civil Penalty for Alcohol License Holders - Fiesta Cancun: City
Manager recommending approval of the Acknowledgment /Settlement Agreement for a
first offense alcohol compliance violation for Fiesta Cancun Authentic Mexican Restau-
16
rant, 2515 -1 NW Arterial. Upon motion the documents were received, filed, and ap-
proved.
Alcohol Compliance Civil Penalty for Alcohol License Holders- Gin Rickey's Bar: City
Manager recommending approval of the Acknowledgment /Settlement Agreement for an
alcohol compliance violation for Gin Rickey's Bar, 1447 Central Avenue. Upon motion
the documents were received, filed, and approved.
Alcohol Compliance Civil Penalty for Alcohol License Holders- Kalmes Breaktime Bar
and Grill: City Manager recommending approval of the Acknowledgment/ Settlement
Agreement for an alcohol compliance violation for Kalmes Breaktime Bar and Grill, 1097
Jackson Street. Upon motion the documents were received, filed, and approved.
Alcohol and Tobacco License Applications: City Manager recommending approval of
annual liquor, beer, wine and tobacco licenses as submitted. Upon motion the docu-
ments were received, filed and Resolution No.117 -12 Approving applications for beer,
liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4
Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and
Wine Licenses and Permits; and Resolution No.118 -12 Approving the applications for
retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A were adopt-
ed.
RESOLUTION NO. 117 -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.
Bar -X
Beecher Beverage
Buffalo Wild Wings
Catfish Charlie's
Dubuque County Fine
Arts Society
I LUV FOOD
2616 Windsor Ave
1691 Asbury Rd.
2805 Northwest Arterial
1630 E 16th St.
Town Clock Plaza
535 HILL St.
17
Class C Liquor License (Sunday)
Class E Liquor, Class B Wine, Class C
Beer (Carryout) (Sunday)
Class C Liquor License (Outdoor) (Sunday)
Class C Liquor License (Outdoor) (Sunday)
Class B Beer (Includes Wine Coolers)
(Outdoor) (Sunday)
Class C Beer Permit
Oky Doky #2 51 West 32 "d Class E Liquor, Class B Wine, Class C
Beer (Carryout) (Sunday)
The Naughty Dog 1108 Locust Street Special Class C Liquor (Beer/Wine)Class B
Native Wine (Living Quarters) (Outdoor)
Tots Tap 3457 Jackson St. Class C Liquor License
Corked 269 Main Special Class C Liquor (Beer/Wine)Class B
Wine (Carryout Wine) (Outdoor) (Sunday)
Monks Kaffee Pub 373 Bluff St. Class C Liquor License (Outdoor) (Sunday)
Stone Cliff Winery 600 Star Brewery Dr. Class C Native Wine (Outdoor) (Sunday)
Shenanigans Pub 3203 Jackson St. Class C Liquor License (Sunday)
Lot One, LLC 100 Main St. Class C Liquor License (Sunday)
Passed, approved and adopted this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 118 -12
APPROVING APPLICATIONS FOR RETAIL CIGARETTE /TOBACCO SALES PER-
MITS, AS REQUIRED BY IOWA CODE 453A.47A.
Whereas, applications for Cigarette /Tobacco Sales have been submitted and filed
with the City Council for approval and the same have been examined and approved;
and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
following named applicants and locations for cigarette /tobacco sales permit.
Kmart #4018
2600 Dodge St. Expiration Date June 30, 2012
Passed, approved and adopted this 7th day of May, 2012.
Attest: Kevin S. Firnstahl, City Clerk
BOARDS /COMMISSIONS
Roy Buol, Mayor
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards /Commissions:
Electrical Code Board: Two 3 -year terms through May 21, 2015 (Expiring terms of
Schmidt and Uhlrich) Applicants: Robert Schmidt, 2184 Orchard Drive; and Paul
Uhlrich, 489 Olympic Heights Road.
Historic Preservation Commission: 1 three -year term through July 1, 2012 (vacant at-
large term of Knight). Applicant Otto Krueger, 2521 Wheatland Drive, spoke in support
of his appointment.
18
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the City
Council.
Proceedings on the Issuance of Not to Exceed $475,000 General Obligation Bonds:
For General Corporate Purposes and the City Manager recommending approval. Motion
by Connors to receive, file and adopt Resolution No. 119 -12 Instituting proceedings to
take additional action for the authorization and issuance of not to exceed $475,000
General Obligation Bonds. Seconded by Braig. Motion carried 7 -0.
RESOLUTION NO. 119 -12
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $475,000 GENERAL
OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, the City Council has
held a public meeting and hearing upon the proposal to institute proceedings for the is-
suance of not to exceed $475,000 General Obligation Bonds, for general corporate pur-
poses, in order to provide funds to pay costs of the acquisition and installation of securi-
ty cameras in the Locust Ramp, and Library repairs and improvements, and no petition
was filed calling for a referendum thereon. The following action is now considered to be
in the best interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional ac-
tion for the authorization and issuance in the manner required by law of not to exceed
$475,000 General Obligation Bonds for the foregoing general corporate purposes.
Passed and approved this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Proceedings on the Issuance of Not to Exceed $600,000 General Obligation Bonds:
For General Corporate Purposes and the City Manager recommending approval. Motion
by Jones to receive, file and adopt Resolution No. 120 -12 Instituting proceedings to take
additional action for the issuance of not to exceed $600,000 General Obligation Bonds.
Seconded by Braig. Motion carried 7 -0.
RESOLTUION NO. 120 -12
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $600,000 GENERAL
OBLIGATION BONDS
Whereas, pursuant to notice published as required by law, the City Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issu-
ance of not to exceed $600,000 General Obligation Bonds, for general corporate pur-
poses, in order to provide funds to pay costs of City Hall repairs and improvements, in-
cluding brick tuck - pointing, and no petition was filed calling for a referendum thereon.
19
The following action is now considered to be in the best interests of the City and resi-
dents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional ac-
tion for the authorization and issuance in the manner required by law of not to exceed
$600,000 General Obligation Bonds for the foregoing general corporate purposes.
Passed and approved this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Proceedings on the Issuance of Not to Exceed $700,000 General Obligation Bonds:
For General Corporate Purposes and the City Manager recommending approval. Motion
by Connors to receive, file and adopt Resolution No.121 -12 Instituting proceedings to
take additional action for the issuance of not to exceed $700,000 General Obligation
Bonds. Seconded by Jones. Motion carried 7 -0.
RESOLUTION NO. 121 -12
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL
OBLIGATION BONDS
Whereas, pursuant to notice published as required by law, the City Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issu-
ance of not to exceed $700,000 General Obligation Bonds, for general corporate pur-
poses, in order to provide funds to pay costs of the reconstruction, repair and improve-
ment of Fire Station #4, the Civic Center and the Grand River Conference Center, and
no petition was filed calling for a referendum thereon. The following action is now con-
sidered to be in the best interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional ac-
tion for the authorization and issuance in the manner required by law of not to exceed
$700,000 General Obligation Bonds for the foregoing general corporate purposes.
Passed and approved this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Proceedings on the Issuance of Not to Exceed $8,650,000 General Obligation
Bonds: For Essential Corporate Purpose and the City Manager recommending approv-
al. Motion by Connors to receive, file and adopt Resolution No. 122 -12 Instituting pro-
ceedings to take additional action for the issuance of not to exceed $8,650,000 General
Obligation Bonds. Seconded by Jones. Motion carried 7 -0.
RESOLUTION NO. 122 -12
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE ISSUANCE OF NOT TO EXCEED $8,650,000 GENERAL OBLIGATION BONDS
20
Whereas, pursuant to notice published as required by law, this Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance
of not to exceed $8,650,000 General Obligation Bonds, for the essential corporate pur-
poses of paying costs of reconstruction, extension and improvement of the Dubuque
Regional Airport; E911 Tower relocation; equipping the municipal fire department; reha-
bilitation and improvement of existing City parks; FEMA land buyouts for the acquisition
and demolition of abandoned, dilapidated or dangerous buildings, structures or proper-
ties, and the remediation of property and buildings damaged by a disaster under Iowa
Code Section 29C.2 which are located in an area declared a disaster emergency by the
President of the United States; acquisition, construction, extension and improvement of
works and facilities useful for the collection, treatment and disposal of sewage and in-
dustrial waste and for the collection and disposal of surface water and streams; acquisi-
tion, construction, improvement, repair and equipping of the municipal water utility and
real and personal property useful for providing potable water, and has considered the
extent of objections received from residents or property owners as to the proposed is-
suance of Bonds; and, accordingly the following action is now considered to be in the
best interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional ac-
tion for the sale and issuance in the manner required by law of not to exceed
$8,650,000 General Obligation Bonds, for the foregoing essential corporate purposes.
Passed and approved this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Proceedings on the Issuance of Not to Exceed $5,575,000 General Obligation Urban
Renewal Bonds: The City Manager recommending approval. Motion by Jones to re-
ceive, file and adopt Resolution No. 123 -12 Instituting proceedings to take additional
action for the issuance of not to exceed $5,575,000 General Obligation Bonds. Second-
ed by Braig. Motion carried 7 -0.
RESOLUTION NO. 123 -12
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE ISSUANCE OF NOT TO EXCEED $5,575,000 GENERAL OBLIGATION BONDS
Whereas, pursuant to notice published as required by law, this Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance
of not to exceed $5,575,000 General Obligation Bonds, for the essential corporate pur-
poses of paying costs of aiding in the planning, undertaking and carrying out of urban
renewal project activities under Chapter 403 of the Code of Iowa and the Amended and
Restated Urban Renewal Plans for the Dubuque Industrial Center West Economic De-
velopment District and the Greater Downtown Urban Renewal District, including those
costs associated with grading, road construction, bridge, utilities extensions and devel-
opment of a recreation area on the South Siegert Farm area of DICW and the funding of
development incentives in the Washington Neighborhood Subarea of the Greater Down-
town Urban Renewal District, and has considered the extent of objections received from
21
residents or property owners as to the proposed issuance of Bonds, and no petition was
filed calling for a referendum thereon; and, accordingly the following action is now con-
sidered to be in the best interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional ac-
tion for the sale and issuance in the manner required by law of not to exceed
$5,575,000 General Obligation Bonds for the foregoing essential corporate purposes.
Passed and approved this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Retail Single -Use Plastic Bag Reporting Ordinance (Third Reading, Tabled from April
16, 2012 meeting): City Manager recommending that the request for a plastic bag re-
porting ordinance be withdrawn. it is further recommended that a voluntary system of
plastic bag reporting be established through the end of 2013 and that there be an ex-
tension of all the target dates by one full year. The Phase I goal would move from July
1, 2013, to July 1, 2014, and the other target dates would also be extended. At the end
of 2013, compliance issues could be examined and reporting modifications recom-
mended, if needed.
Motion by Jones to remove from the table. Seconded by Braig. Motion carried 7 -0.
Motion by Jones to receive, file, and approve the City Manager's recommendations.
Seconded by Connors. Resource Management Coordinator Paul Schultz and Scott
Dittmer of Dittmer Recycling presented a brief video and responded to questions from
the City Council. Motion carried 7 -0.
Purchase of Service Grant Process: City Manager recommending approval of the
Purchase of Service grant process for implementation in Fiscal Year 2014. Motion by
Jones to receive, file and approve the recommendation. Seconded by Braig. Motion car-
ried 7 -0.
Arts and Culture Program - Fiscal Year 2013 Operating Support Requests: Arts and
Cultural Affairs Advisory Commission requesting approval of the Fiscal Year 2013 Arts
and Culture Funding Program for Operating Support recommendations and associated
funding agreements. Motion by Braig to receive, file and approve the recommendation.
Seconded by Resnick. Neighborhood Development Specialist Jerelyn O'Connor provid-
ed background information on the program and grant applicants. Motion carried 7 -0.
Code of Ordinances - Excavation in Rights -of -Way Amendment: City Manager rec-
ommending approval of an amendment to the City of Dubuque Code of Ordinances, Ti-
tle 10 Public Ways & Property, Chapter 2 Excavations to reference the City's Policy for
Excavation in Rights -of -Way. Motion by Connors to receive and file the documents and
22
that the requirement that a proposed ordinance be considered and voted on for passage
at two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Braig. Motion carried 7 -0
Motion by Connors for final consideration and passage of Ordinance No. 31 -12
Amending City of Dubuque Code of Ordinances Title 10 Public Ways & Property, Chap-
ter 2 Excavations, Section 10 -2 by adding a new subsection 10 -2 -6 B to reference the
policy for excavation in rights -of -way. Seconded by Resnick. Motion carried 7 -0.
Code of Ordinances — Mufflers; Prevention of Noise Amendment: City Manager rec-
ommending approval of amendments to City Code Section 9 -12- 321.346 Mufflers; Pre-
vention of Noise, by modifying the requirement for proof of a violation. Motion by Con-
nors 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 7-
0.
Motion by Connors for final consideration and passage of Ordinance No. 32 -12
Amending City Of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic,
Chapter 12 Equipment, Section 9 -12- 321.436 Mufflers; Prevention of Noise by modify-
ing the requirement of proof for a violation. Seconded by Braig. Motion carried 7 -0
Historic Millwork District Banners: City Manager recommending approval of the de-
sign and purchase of 30 banners for the Historic Millwork District core area of Jackson
and Washington Streets from 9th to 11th Streets and along 10th Street between Jackson
and Elm Streets. Motion by Braig to receive, file, and approve the recommendation. Se-
conded by Connors. Motion carried 6 -1 with Lynch voting nay.
Catfish Creek Watershed Management Authority - Draft 28E Agreement: City Man-
ager requesting review and comment on the draft Catfish Creek Watershed Manage-
ment Authority 28E Agreement with the City of Dubuque, Dubuque County, the City of
Asbury, the City of Peosta, the City of Centralia and the Dubuque Soil and Water Con-
servation District. It is further requested that the City Council appoint three Dubuque
representatives to serve on the Catfish Creek Watershed Management Authority Board
of Directors. Motion by Connors to receive, file and adopt Resolution No. 124 -12 Ap-
proving 28E Agreement for the Catfish Creek Watershed Management Authority. Se-
conded by Jones. Responding to questions from the City Council, Planning Services
Laura Carstens and Swiss Valley Urban Conservationist Eric Schmechel stated that
current committee members could form part of the group that acts as an advisory body
and that Mr. Schmechel and a City engineer will be responsible for facilitating the meet-
ings. City Manager Van Milligen stated that it is the City Council's decision on the pro-
cess for choosing representation. Motion carried 7 -0.
RESOLUTION NO. 124 -12
RESOLUTION APPROVING 28E AGREEMENT FOR THE CATFISH CREEK WA-
TERSHED MANAGEMENT AUTHORITY
Whereas, the Iowa Economic Development Authority and the Iowa Department of
Natural Resources awarded a grant to the City of Dubuque to form the Catfish Creek
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Watershed Management Authority to reduce future flood risks and improve water quality
in the watershed; and
Whereas, the City of Dubuque supports creation of the Catfish Creek Watershed
Management Authority pursuant to a 28E agreement between at least two political sub-
divisions in the watershed to accomplish the following actions in accordance with the
Code of Iowa:
Assess and reduce flood risk;
Assess and improve water quality;
Monitor federal flood risk planning and activities;
Educate residents of the watershed regarding flood risks and water quality; and allo-
cate moneys made available for purposes of water quality and flood mitigation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is authorized to sign the 28E Agreement for the Catfish
Creek Watershed Management Authority on behalf of the City of Dubuque.
Passed, approved and adopted this 7th day of May, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Waiver of Special Assessments - 400 East 22nd Street: City Manager recommending
approval to delay application of the $4,150 in special assessments, due to work per-
formed by the Housing Department to address exterior code violations at this aban-
doned property. Motion by Connors to receive, file, and approve the recommendation.
Seconded by Resnick. Motion carried 7 -0
Greater Dubuque Development Corporation - Board Member Appointments: Com-
munication from Rick Dickinson, Greater Dubuque Development Corporation, request-
ing appointments to the Greater Dubuque Development Corporation Board of Directors
(currently Mayor Roy Buol, City Manager Michael Van Milligen, Economic Development
Director Dave Heiar and City Council Members Joyce Connors and Kevin Lynch). Mo-
tion by Jones to reappoint Council Members Connors and Lynch (one year terms from
July 1, 2012 through June 30, 2013) and that Mayor Roy Buol, City Manager Michael
Van Milligen, and Economic Development Director Dave Heiar continue to serve in their
current capacity. Seconded by Resnick. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Council Member Resnick thanked Mayor Buol for all the time he spends promoting
and representing the City of Dubuque.
Mayor Buol reported on his recent trip to Sweden and Germany with the National
League of Cities to speak on Sustainable Dubuque.
PUBLIC INPUT
Kate Lydon, 123 Bluff Street, presented an internet petition showing support for al-
lowing dogs in all the city parks. Robin McFarland, of That's My Dog, spoke in support
24
of the issue. City Manager Van Milligen will submit the issue to a future meeting for re-
ferral to the Parks and Recreation Commission.
There being no further business, upon motion the City Council adjourned at 8:27 p.m.
1t 5/16
/s /Trish L. Gleason
Assistant City Clerk
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