2015 City Council Official Proceedings Book 145OFFICIAL PROCEEDINGS
of the
CITY COUNCIL
for the
CITY OF DUBUQUE, IOWA
2015
Approved December 19, 2016
Recorded and prepared by
Kevin S. Firnstahl, CMC, City Clerk
Trish L. Gleason, CMC, Assistant City Clerk
CITY OFFICERS FOR THE YEAR 2015
ROY D. BUOL
MAYOR
COUNCIL MEMBERS
RIC W. JONES ....................... COUNCIL MEMBER AT-LARGE
DAVID T. RESNICK ................ COUNCIL MEMBER AT-LARGE
KEVIN J. LYNCH ................. COUNCIL MEMBER FIRST WARD
KARLA A. BRAIG ............. COUNCIL MEMBER SECOND WARD
JOYCE E. CONNORS .......... COUNCIL MEMBER THIRD WARD
LYNN V. SUTTON ............. COUNCIL MEMBER FOURTH WARD
CITY OFFICERS FOR THE YEAR 2015
COUNCIL APPOINTEES
CITY MANAGER ...................................................................................... MICHAEL C. VAN MILLIGEN
CITY CLERK........................................................................................................ KEVIN S. FIRNSTAHL
CITY ATTORNEY ................................................................................................... BARRY A. LINDAHL
DEPARTMENT MANAGERS
ASSISTANT CITY MANAGER ................................................................. CYNTHIA M. STEINHAUSER
ASSISTANT CITY MANAGER ..................................................................... THERESE H. GOODMANN
AIRPORT MANAGER ...................................................................................... ROBERT A. GRIERSON
BUDGET DIRECTOR ....................................................................................... JENNIFER M. LARSON
BUILDING SERVICES MANAGER ................................................................... RICHARD R. RUSSELL
CITY ENGINEER ...................................................................................................... GUS N. PSIHOYOS
ECONOMIC DEVELOPMENT DIRECTOR ........................................................... MAURICE S. JONES
FINANCE DIRECTOR ........................................................................................ KENNETH J. TEKIPPE
FIRE CHIEF ................................................................................................................ RICK A. STEINES
HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR ........................................ ALVIN L. NASH
HUMAN RIGHTS DIRECTOR.................................................................................. KELLY R. LARSON
INFORMATION SERVICES MANAGER .................................................... CHRISTINE A. KOHLMANN
LEISURE SERVICES MANAGER ................................................................................ MARIE L. WARE
LIBRARY DIRECTOR ......................................................................................... SUSAN A. HENRICKS
PERSONNEL MANAGER ....................................................................................... RANDALL K. PECK
PLANNING SERVICES MANAGER ................................................................... LAURA B. CARSTENS
POLICE CHIEF ........................................................................................................ MARK M. DALSING
PUBLIC HEALTH SPECIALIST ..................................................................... MARY ROSE CORRIGAN
PUBLIC WORKS DIRECTOR ................................................................................... DONALD J. VOGT
WATER DEPARTMENT MANAGER ...................................................................... ROBERT M. GREEN
WATER POLLUTION CONTROL MANAGER ................................................. JONATHAN R. BROWN
Regular meetings of the City Council were held on the first and third Monday
of each month (Tuesday pending holidays) at 6:30 p.m. in the Historic Federal Building.
Book 145 Regular Session, January 5, 2015 1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on January 5, 2015 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 for
the purpose of conducting such business that
may properly come before the City Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Camp Lifetree Week (June 21-27,
2015): was accepted by Mark Beard, Execu-
tive Director, Camp Lifetree Dubuque.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7-0.
1. Minutes and Reports Submitted: Civil
Service Commission Minutes 12/15; Human
Rights Commission Minutes 11/10; Library
Board Minutes 10/20 and 11/19; Sister City
Minutes 11/12; Parks and Recreation Minutes
12/9; Proof of Publication for City Council pro-
ceedings of 12/1. Upon motion the documents
were received and filed.
2. Notice of Claims and Suits: Society Ins.
(Marian Backes) for personal injury; Queck
Capital for property damage. Upon motion the
documents were received, filed and referred to
the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Marian Backes for personal injury. Upon
motion the documents were received, filed and
concurred.
4. Mediacom Communications Company:
Correspondence from Mediacom Communica-
tions Company advising the City of a pro-
gramming additions and rate adjustments on
or about January 15th. Upon motion the docu-
ments were received and filed.
5. Proposed Amendment for 2015 State
Priorities: City Manager recommending the
Food Residual Composting issue be deleted
from the City of Dubuque’s 2015 State Legisla-
tive Priorities. Upon motion the documents
were received, filed and approved.
6. Bloomberg Philanthropies Public Art
Challenge - Letter of Intent: City Manager rec-
ommending approval to submit a Bloomberg
Philanthropies Public Art Challenge Letter of
Intent. Upon motion the documents were re-
ceived, filed and approved.
7. Iowa Community Attraction and Tourism
(CAT Grant Request: The National Mississippi
River Museum & Aquarium requesting en-
dorsement of an application for a grant from
the Iowa Community Attraction and Tourism
(CAT) program. Upon motion the documents
were received and filed and Resolution No. 01-
15 Authorizing Community Attraction and
Tourism (CAT) Grant Application from the Na-
tional Mississippi River Museum & Aquarium
of the Dubuque County Historical Society was
adopted.
RESOLUTION NO. 1-15
AUTHORIZING COMMUNITY ATTRACTION
AND TOURISM (CAT) GRANT APPLICA-
TION FROM THE NATIONAL MISSISSIPPI
RIVER MUSEUM & AQUARIUM OF THE
DUBUQUE COUNTY HISTORICAL SOCIETY
Whereas, the City of Dubuque (City) and
the National Mississippi River Museum &
Aquarium of the Dubuque County Historical
Society (Museum) have partnered in the suc-
cessful implementation of the America’s River
project for the benefit of Dubuque and the en-
tire state of Iowa; and
Whereas, the City believes that continued
improvements to the Museum will have tangi-
ble educational and economic benefits for
Dubuque and the State of Iowa that will en-
hance the lives of Iowans, build on Iowa’s
unique assets and values, and expand the
cultural, recreational, entertainment and edu-
cational opportunities in the state.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
2 Regular Session, January 5, 2015 Book 145
The City Council formally endorses the Janu-
ary 15, 2015 application of the National Mis-
sissippi River Museum & Aquarium to the
Community Attraction and Tourism (CAT) pro-
gram of the state of Iowa.
Passed, approved and adopted this 5th day
of January, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
8. Property Acquisition - 1980 Rockdale
Road: City Manager recommending approval
to acquire property located at 1980 Rockdale
Road from Ruth Willis. Upon motion the doc-
uments were received and filed and Resolution
No. 02-15 Approving the Acquisition of Real
Estate Owned by Ruth A. Willis in the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 2-15
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY RUTH A. WILLIS IN
THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque intends to
acquire the property located at 1980 Rockdale
Road, Dubuque, Iowa (the Property) owned by
Ruth A. Willis; and
Whereas, the Property is not currently part
of or located within the Bee Branch Creek
Restoration Project or any other federally
funded public improvement project; and
Whereas, the acquisition of the Property is
a voluntarily negotiated purchase by the City of
Dubuque under Section 6B.1A of the Code of
Iowa, and is not an acquisition by the City of
Dubuque through its exercise of the power of
eminent domain under Chapter 6B of the Code
of Iowa; and
Whereas, an Offer to Buy and Acceptance
has been negotiated with the owner of the
Property, a copy of which is attached hereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
hereby approves the Offer to Buy and Ac-
ceptance.
Section 2. That the City of Dubuque be and
is hereby authorized to accept a Warranty
Deed from the owner, conveying the owner’s
interest to the City of Dubuque, Iowa for the
Property.
Section 3. That the City Clerk be and is
hereby authorized and directed to cause the
Warranty Deed to be recorded in the office of
the Dubuque County Recorder, together with a
certified copy of this Resolution.
Section 4. That the City Clerk be and is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 5th day
of January, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
9. Property Acquisition - 396 W. Locust
Property: City Manager recommending ap-
proval to acquire property at 396 West Locust
Street from DB&T Community Corp. Upon
motion the documents were received and filed
and Resolution No. 3-15 Approving the Acqui-
sition of real estate owned by DB&T Communi-
ty Development Corp at 396 West Locust in
the City of Dubuque, was adopted.
RESOLUTION NO. 3-15
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY DB&T COMMUNITY
DEVELOPMENT CORP AT 396 WEST LO-
CUST IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to
acquire certain real estate for the purpose of
rehabbing and reselling to income qualified
households; and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled for acquisition.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the acquisition of the following legal-
ly described property:
Lot 1-15 Cooley’s Subdivision in the City
of Dubuque, Iowa according to the rec-
orded plat thereof,
At the cost of Thirty-Seven Thousand One
Hundred Eight Dollars) ($37,180.00).
Section 2. That the City of Dubuque hereby
approves the acquisition of 396 West Locust
owned by DB&T Community Development
Corp at the cost of Thirty-Seven Thousand
One Hundred Eighty Dollars ($37,180.00).
Section 3. That the City of Dubuque be and
is hereby authorized to accept a Warranty
Deed from the owner, conveying the owner's
interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 4. That the City Clerk be and is
hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of
the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 5. That the City Clerk be and is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 5th
day of January, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Book 145 Regular Session, January 5, 2015 3
10. SRF Green Alley Project Bid Set 3
Year 1: City Manager recommending ac-
ceptance of the construction contract for the
SRF Green Alley – Bid Set 3 Year 1 Project,
and further recommending adoption of the
Final Schedule of Assessments. Upon motion
the documents were received and filed and
Resolution No. 4-15 Accepting the SRF Green
Alley Project - Bid Set 3 Year 1 and Authoriz-
ing the payment of the contract amount to the
contractor and Resolution No. 5-15 Adopting
the Final Assessment Schedule for the SRF
Green Alley Project - Bid Set 3 Year 1 were
adopted.
RESOLUTION NO. 4-15
ACCEPTING THE SRF GREEN ALLEY
PROJECT - BID SET 3 YEAR 1 AND AU-
THORIZING THE PAYMENT OF THE CON-
TRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the SRF Green Alley Project - Bid Set 3
Year 1 (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 ac-
cepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the SRF
Green Alley Project fund for the contract
amount of $542,386.92 less any retained per-
centage provided for therein as provided in
Iowa Code chapter 573, and to pay such re-
tainage only in accordance with the provisions
of Iowa Code chapter 573.
Passed, approved and adopted this 5th day
of January, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE SRF GREEN ALLEY
PROJECT - BID SET 3 YEAR 1
The undersigned City Engineer of the City
of Dubuque, Iowa hereby certifies that he has
inspected the SRF Green Alley Project - Bid
Set 3 Year 1, that the Project has been per-
formed in compliance with the terms of the
Public Improvement Contract, and that the
total cost of the completed work is
$623,744.96.
Dated this 5th day of January, 2015.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 5th
day of January, 2015.
/s/ Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 5-14
ADOPTING THE FINAL ASSESSMENT
SCHEDULE FOR THE SRF GREEN ALLEY
PROJECT - BID SET 3 YEAR 1
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 3 inclusive, is hereby
approved for the SRF Green Alley Project - Bid
Set 3 Year 1.
There is hereby assessed and levied as a
special tax against and upon each of the bene-
fited properties, the respective sums indicated.
The amounts shown in said Final Schedule of
Assessments as deficiencies are found to be
proper and levied conditionally against the
respective properties benefited by the im-
provements as shown in the Final Schedule of
Assessments, subject to the provisions of Iowa
Code § 384.63. Said assessments against
said lots are hereby declared to be in propor-
tion to the special benefits conferred and not in
excess of twenty-five percent of the value of
same.
The City Clerk be and is hereby directed to
certify the Final Schedule of Assessments to
the County Treasurer of Dubuque County,
Iowa, and to publish notice of said certification
once each week for two consecutive weeks in
the manner provided in Iowa Code § 362.3,
the first publication of which shall be not more
than fifteen days from the date of filing of the
Final Schedule of Assessments. On or before
the date of the second publication of the no-
tice, 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, Dubu-
que, Iowa at any time within 30 days after the
date of the first notice of the Final Schedule of
Assessments. Thereafter, unpaid assessments
of $100.00 or more are payable in 15 annual
installments at the County Treasurer’s Office,
Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa and will draw annual
interest at three percent (3%) computed to
December 1 next following the due dates of
the respective installments as provided in Sec-
tion 384.65 of the Code of Iowa. Each install-
ment will be delinquent from October 1 follow-
ing its due date on July 1 of each year. How-
ever, when the last day of September is a Sat-
urday or Sunday, that amount shall be delin-
4 Regular Session, January 5, 2015 Book 145
quent from the second business day of Octo-
ber. Delinquent installments will draw the
same delinquent interest as ordinary taxes.
Property owners may elect to pay any annual
installments semi-annually in advance.
Passed, approved and adopted this 5th day
of January, 2015.
Roy D, Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Parcel Number, Property Owner Name, Lot
Description, Mailing Address, Street Address,
Net Assessed Valuation , Valuation With Im-
provement, Net Paving Improvement Cost, Net
Paving Improvement Deficiency, Total Public
Improvement Cost, Voluntary Driveway As-
sessment, Total Net Assessment
Johnson St. To Windsor Ave
1013487001, Schnee, Steven T & Mary K, Lot
50 Cooks Add, 622 Lincoln Ave., 626 Lincoln
Ave., $63,010.00, $63,800.44, $790.44, $0.00,
$790.44, $790.44
1013487002, Schnee, Steven T & Mary K, Lot
51 Cooks Add, 622 Lincoln Ave., 622 Lincoln
Ave., $88,130.00, $88,920.44, $790.44, $0.00,
$790.44, $790.44
1013487003, Yager, James, Ne 1/2 Lot 52
Cooks Add, 16230 Humke Rd, 618 Lincoln
Ave., $93,990.00, $94,385.22, $395.22, $0.00,
$395.22, $395.22
1013487004, Exodus Two Holdings LLC, SW
1/2 Lot 52 & Ne 1/2 Lot 53 Cooks Add, 3197
Highland Park Drive, 614 Lincoln Ave.,
$102,990.00, $103,780.44, $790.44, $0.00,
$790.44, $790.44
1013487005, Nadermann, Agnes M, SW 1/2 Lot
53 & Lot 1-54 Cooks Add, 612 Lincoln Ave.,
612 Lincoln Ave., $78,610.00, $79,087.09,
$477.09, $0.00, $477.09, $477.09
1013487006, Muenster, Alice M, Lot 2-54 Cooks
Add, 610 Lincoln Ave., 610 Lincoln Ave.,
$79,250.00, $79,958.58, $708.58, $0.00,
$708.58, $708.58
1013487007, Wessels, Cora E & Mark H, Lot 2-
55 Cooks Add, 606 Lincoln Ave., 606 Lincoln
Ave., $51,160.00, $51,551.98, $391.98, $0.00,
$391.98, $391.98
1013487012, JBM Enterprises LLC, Lot 33 & Lot
1-34 Cooks Add, 14186 Sagewood Dr., 625
Rhomberg Ave., $186,680.00, $188,094.19,
$1,414.19, $0.00, $1,414.19, $1,414.19
1013487013, Knockel, Michael, Lot 1-32 Cooks
Add, 615 Rhomberg Ave., 617 Rhomberg
Ave., $31,790.00, $32,195.17, $405.17, $0.00,
$405.17, $405.17
1013487014, Knockel, Michael, Lot 2-32 Cooks
Add, 615 Rhomberg Ave., 615 Rhomberg
Ave., $32,330.00, $32,715.26, $385.26, $0.00,
$385.26, $385.26
1024226001, Dole, Norene M, Lot 1-55 Cooks
Add, 604 Lincoln Ave., 604 Lincoln Ave.,
$58,640.00, $59,035.15, $395.15, $0.00,
$395.15, $395.15
1024226003, Malone, Tyler J, Lot 2-31 Cooks
Add, 613 Rhomberg, 613 Rhomberg Ave.,
$56,950.00, $57,322.38, $372.38, $0.00,
$372.38, $372.38
1024226004, Winders, Beth M, Lot 1-31 Cooks
Add, 611 Rhomberg Ave., 611 Rhomberg
Ave., $89,500.00, $89,917.61, $417.61, $0.00,
$417.61, $417.61
1024226005, Montgomery, Douglas M & Mary
A, Lot 30 Cooks Add, 607 Rhomberg Ave.,
607 Rhomberg Ave., $41,790.00, $42,580.44,
$790.44, $0.00, $790.44, $790.44
1024226008, Wiest, Jeff & Dianne, Lot 2 Ten
Pin Tap Place, 205 S 6th St, 605 Rhomberg
Ave., $34,190.00, $34,467.85, $277.85, $0.00,
$277.85, $277.85
1024226009, Pjs Tap LLC, Lot 1 Ten Pin Tap
Place, 601 Rhomberg, 601 Rhomberg Ave.,
$109,020.00, $140,623.54, $517.31, $0.00,
$517.31, $517.31
Windsor Ave. To Stafford St
1013484001, BNL Property Management LLC,
Ne 34' Lot 43 Cooks Add 724-726 Lincoln, 585
Roundtree Ave, 724 Lincoln Ave.,
$117,140.00, $117,657.31, $517.31, $0.00,
$517.31, $517.31
1013484002, Menadue, Thomas D & Janet A,
Lot 44 & SW 18.43' - 43cooks Add, 722 Lin-
coln Ave., 722 Lincoln Ave., $98,000.00,
$99,068.30, $1,068.30, $0.00, $1,068.30,
$1,068.30
1013484003, McCarron, Hugh R, Lot 45 Cooks
Add, 716 Lincoln Ave., 716 Lincoln Ave.,
$58,660.00, $59,450.44, $790.44, $0.00,
$790.44, $790.44
1013484004, Shireman, Vernon D & Andrea J,
Lot 46 Cooks Add, 714 Lincoln Ave., 714 Lin-
coln Ave., $94,260.00, $95,050.44, $790.44,
$0.00, $790.44, $790.44
1013484005, Millman, Brooke S, Lot 47 Cooks
Add, 710 Lincoln Ave., 710 Lincoln Ave.,
$77,230.00, $78,020.44, $790.44, $0.00,
$790.44, $790.44
1013484006, Conrad Jr, Ronald J, Ne 29' Lot 48
Cooks Add, 13989 Barrington Lakes Drive,
706 Lincoln Ave., $56,790.00, $57,227.21,
$437.21, $0.00, $437.21, $437.21
1013484007, Morgan, Daniel A & Rhonda L, SW
23.43' Lot 48 Cooks Add, 704 Lincoln Ave.,
704 Lincoln Ave., $82,820.00, $83,215.22,
$395.22, $0.00, $395.22, $395.22
1013484008, Brokus, James & Nancy, Lot 49
Cooks Add, 702 Lincoln Ave., 702 Lincoln
Ave., $137,840.00, $138,630.44, $790.44,
$0.00, $790.44, $790.44
1013484009, Cremer, Jeffrey D & Ann T, Lot 1-
42 Cooks Add 731 - 731 1/2 Rhomberg, 731
Rhomberg Ave., 731 Rhomberg Ave.,
$79,350.00, $79,864.22, $514.22, $0.00,
$514.22, $514.22
Book 145 Regular Session, January 5, 2015 5
1013484010, Cremer, Donna K, Lot 2-42 Cooks
Add, 727 Rhomberg Ave., 727 Rhomberg
Ave., $42,490.00, $42,885.04, $395.04, $0.00,
$395.04, $395.04
1013484011, Heiderscheit, Jeff R & Pamela, Ne
1/2 Lot 41 Cooks Add, 15648 Bakey Lane, 725
Rhomberg Ave., $31,830.00, $32,225.15,
$395.15, $0.00, $395.15, $395.15
1013484012, JRK Properties LLC, Ne 22 1/2'
Lot 40 & SW 1/2 Lot 41 Cooks Add, 9120 Long
Tail Ln, 721 Rhomberg Ave., $24,720.00,
$25,454.44, $734.44, $0.00, $734.44, $734.44
1013484013, Sparks, Troy J & Teresa L, Ne 26'
- SW 30' Lot 40 Cooks Add, 717 Rhomberg
Ave., 717 Rhomberg Ave., $85,980.00,
$86,371.98, $391.98, $0.00, $391.98, $391.98
1013484014, Mcstac Properties LLC, Ne 12.5'
Lot 38, Lot 39 & SW 4' SW 30' Lot 40 Cooks
Add 715-715 1/2 Rhomberg, 206 Saunders,
715 Rhomberg Ave., $76,550.00, $77,588.14,
$1,038.14, $0.00, $1,038.14, $1,038.14
1013484015, Disch, Michele, SW 39.93' Lot 38
Cooks Add, 711 Rhomberg Ave., 711 Rhom-
berg Ave., $84,210.00, $84,811.99, $601.99,
$0.00, $601.99, $601.99
1013484016, Walbrun, Emily, Ne 1/2 Lot 37
Cooks Add, 709 Rhomberg, 709 Rhomberg
Ave., $28,960.00, $29,358.86, $398.86, $0.00,
$398.86, $398.86
1013484017, Nottingham Properties LLC, SW
1/2 Lot 37 Cooks Add, 2115 Kennedy Rd, 705
Rhomberg Ave., $46,000.00, $46,400.18,
$400.18, $0.00, $400.18, $400.18
1013484018, Schick, Michael W & Lynda A, W
66.53' Lot 36 Cooks Add, 2004 Windsor Ave.,
2004 Windsor Ave., $81,640.00, $81,640.00,
$800.35, $0.00, $800.35, $800.35
Stafford St. To Humboldt St
1013480001, Owens, Robyn, Lots 25 & Ne 16.8'
Lot 26 Dreibelbis Add, 824 Lincoln Ave., 824
Lincoln Ave., $65,180.00, $66,153.47,
$973.47, $0.00, $973.47, $973.47
1013480002, Paar, Patricia L, SW 30' Lot 26
Dreibelbis Add, 820 Lincoln Ave., 820 Lincoln
Ave., $60,210.00, $60,662.28, $452.28, $0.00,
$452.28, $452.28
1013480003, Link, Randy S & Christy M, Ne 24'
Lot 27 Dreibelbis Add, 818 Lincoln Ave., 818
Lincoln Ave., $73,510.00, $73,871.83,
$361.83, $0.00, $361.83, $361.83
1013480004, Haberkorn, Richard P & Smothers,
Donna J, SW 22.8' Lot 27 Dreibelbis Add Ne
1.2' Lot 28 Dreibelbis Add, 816 Lincoln Ave.,
816 Lincoln Ave., $59,590.00, $59,951.83,
$361.83, $0.00, $361.83, $400.00, $761.83
1013480005, Donath, Jodi L, SW 45 6/10' Lot 28
Dreibelbis Add, 814 Lincoln Ave., 814 Lincoln
Ave., $101,500.00, $102,187.47, $687.47,
$0.00, $687.47, $687.47
1013480006, Huseman, Chad R, Lot 29
Dreibelbis Add, 812 Lincoln Ave, 812 Lincoln
Ave., $66,000.00, $66,705.56, $705.56, $0.00,
$705.56, $705.56
1013480007, Bies, George & Karen, Lot 30
Dreibelbis Add, 808 Lincoln Ave., 808 Lincoln
Ave., $92,340.00, $93,045.56, $705.56, $0.00,
$705.56, $705.56
1013480008, Heiss, Eric John, Ne 28' Lot 31
Dreibelbis Add, 804 Lincoln Ave., 804 Lincoln
Ave., $67,610.00, $68,032.13, $422.13, $0.00,
$422.13, $422.13
1013480011, Jentz, Tabetha L, Lot 2-23
Dreibelbies Add Lot 2-24 Dreibelbies Add,
2005 Humboldt St., 2005 Humboldt St.,
$95,170.00, $96,260.80, $1,090.80, $0.00,
$1,090.80, $1,090.80
1013480013, Schlie Jr, Robert J, Lot 1-23
Dreibelbies Add, 821 Rhomberg Ave., 821
Rhomberg Ave., $82,570.00, $82,911.39,
$341.39, $0.00, $341.39, $341.39
1013480014, Wilkerson, Todd & Stacie, Lot 22
Dreibelbies Add, 20150 Hwy 20 West, 819
Rhomberg Ave., $70,330.00, $71,031.82,
$701.82, $0.00, $701.82, $701.82
1013480015, Leonard, Kristin M, Ne 22' Lot 21
Dreibelbies Add, 1995 Lombard St, 815
Rhomberg Ave., $44,580.00, $44,911.68,
$331.68, $0.00, $331.68, $331.68
1013480016, Weisensale, Lisa A, Ne 2' 6" Lot
20 Dreibelbies Add SW 24' 8" Lot 21
Dreibelbies Add, 813 Rhomberg Ave., 813
Rhomberg Ave., $69,090.00, $69,503.09,
$413.09, $0.00, $413.09, $413.09
1013480017, Rapp, Gerald C & Dixie L, SW 44'
2"' Lot 20 Dreibelbies Add, 811 Rhomberg
Ave., 811 Rhomberg Ave., $90,590.00,
$91,256.37, $666.37, $0.00, $666.37, $666.37
1013480018, Woolf, Christopher K & Welch,
Misty, Ne 27' Lot 19 Dreibelbies Add, 809
Rhomberg Ave., 809 Rhomberg Ave.,
$56,900.00, $57,307.06, $407.06, $0.00,
$407.06, $407.06
1013480019, Heiar, Blair S & Marie F, Lot 2-18
Dreibelbies Add SW 19' 8" Lot 19 Dreibelbies
Add, 807 Rhomberg Ave., 807 Rhomberg
Ave., $77,240.00, $77,656.55, $416.55, $0.00,
$416.55, $416.55
1013480020, Cremer, Ralph P & Vivian M, Lot
1-18 Dreibelbie's Add, 805 Rhomberg Ave.,
805 Rhomberg Ave., $61,800.00, $62,204.90,
$404.90, $0.00, $404.90, $404.90
1013480021, Millman, Randy William & Dawn,
NW 42' Lot 17 Dreibelbies Add NW 42' Lot 3-
17 Dreibelbies Add, 2006 Stafford, 2006 Staf-
ford St., $61,200.00, $61,200.00, $686.34,
$0.00, $686.34, $686.34
1013480024, Lang, James B & Judy K, Lot 2
Jim Lang Place, 2010 Stafford St., 2010 Staf-
ford St., $66,470.00, $66,470.00, $903.70,
$0.00, $903.70, $903.70
11. SRF Green Alley Project Bid Set 5
Year 1: City Manager recommending ac-
ceptance of the construction contract for the
SRF Green Alley – Bid Set 5 Year 1 Project,
and further recommending adoption of the
6 Regular Session, January 5, 2015 Book 145
Final Schedule of Assessment. Upon motion
the documents were received and filed and
Resolution No. 6-15 Accepting the SRF Green
Alley Project - Bid Set 5 Year 1 and Authoriz-
ing the payment of the contract amount to the
contractor and Resolution No. 7-15 Adopting
the Final Assessment Schedule for the SRF
Green Alley Project - Bid Set 5 Year 1, were
adopted.
RESOLUTION NO. 6-15
ACCEPTING THE SRF GREEN ALLEY
PROJECT - BID SET 5 YEAR 1 AND AU-
THORIZING THE PAYMENT OF THE CON-
TRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the SRF Green Alley Project - Bid Set 5
Year 1 (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 ac-
cepted; and
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the SRF
Green Alley Project fund for the contract
amount of $138,041.19 less any retained per-
centage provided for therein as provided in
Iowa Code chapter 573, and to pay such re-
tainage only in accordance with the provisions
of Iowa Code chapter 573.
Passed, approved and adopted this 5th day
of January, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE SRF GREEN ALLEY
PROJECT - BID SET 5 YEAR 1
The undersigned City Engineer of the City
of Dubuque, Iowa hereby certifies that he has
inspected the SRF Green Alley Project - Bid
Set 5 Year 1, that the Project has been per-
formed in compliance with the terms of the
Public Improvement Contract, and that the
total cost of the completed work is
$158,747.37.
Dated this 5th day of January, 2015.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 5th
day of January, 2015.
/s/Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 7-15
ADOPTING THE FINAL ASSESSMENT
SCHEDULE FOR THE SRF GREEN ALLEY
PROJECT - BID SET 5 YEAR 1
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule
of Assessments as shown on the attached
sheet(s), Page 1 to Page 1 inclusive, is hereby
approved for the SRF Green Alley Project - Bid
Set 5 Year 1.
There is hereby assessed and levied as a
special tax against and upon each of the bene-
fited properties, the respective sums indicated.
The amounts shown in said Final Schedule of
Assessments as deficiencies are found to be
proper and levied conditionally against the
respective properties benefited by the im-
provements as shown in the Final Schedule of
Assessments, subject to the provisions of Iowa
Code § 384.63. Said assessments against
said lots are hereby declared to be in propor-
tion to the special benefits conferred and not in
excess of twenty-five percent of the value of
same.
The City Clerk be and is hereby directed to
certify the Final Schedule of Assessments to
the County Treasurer of Dubuque County,
Iowa, and to publish notice of said certification
once each week for two consecutive weeks in
the manner provided in Iowa Code § 362.3,
the first publication of which shall be not more
than fifteen days from the date of filing of the
Final Schedule of Assessments. On or before
the date of the second publication of the no-
tice, 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, Dubu-
que, Iowa at any time within 30 days after the
date of the first notice of the Final Schedule of
Assessments. Thereafter, unpaid assessments
of $100.00 or more are payable in 15 annual
installments at the County Treasurer’s Office,
Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa and will draw annual
interest at three percent (3%) computed to
December 1 next following the due dates of
the respective installments as provided in Sec-
tion 384.65 of the Code of Iowa. Each install-
ment will be delinquent from October 1 follow-
ing its due date on July 1 of each year. How-
ever, when the last day of September is a Sat-
urday or Sunday, that amount shall be delin-
quent from the second business day of Octo-
ber. Delinquent installments will draw the
same delinquent interest as ordinary taxes.
Property owners may elect to pay any annual
installments semi-annually in advance.
Book 145 Regular Session, January 5, 2015 7
Passed, approved and adopted this 5th day
of January, 2015.
Roy D, Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
PARCEL NUMBER, PROPERTY OWNER
NAME, LOT DESCRIPTION, STREET AD-
DRESS, NET ASSESSED VALUATION ,
VALUATION WITH IMPROVEMENT, NET
PAVING IMPROVEMENT COST, TOTAL
PUBLIC IMPROVEMENT COST, TOTAL NET
ASSESSMENT,
24th To 25th (Central And White
1013378001, Davis, James R. & Jolynn K., N
30' Lot 7 F Fosselmann's Sub, 2498 Central
Ave., 64,540.00, $65,070.80, $530.80,
$530.80, $530.80
1013378002, Sodawasser, Luara, N 15' Lot 6
& S 35' Lot 7 F Fosselmann's Sub, 2494
Central Ave., 87,050.00, $87,934.67,
$884.67, $884.67, $884.67
1013378003, Nadermann, Daniel, S 35' Lot 6
Frank Fosselmann's, 2464 Central Ave.,
42,970.00, $43,589.27, $619.27, $619.27,
$619.27
1013378004, Miller, Frederick K., N 37 1/2' Lot
5 F Fosselmann's, 2462 Central Ave.,
72,870.00, $73,533.50, $663.50, $663.50,
$663.50
1013378005, Mootz, Mararget A., N 1/2 Lot 4
& S 12 1/2 Lot 5 Frank Fosselmann's Sub,
2460 Central Ave., 75,220.00, $75,883.50,
$663.50, $663.50, $663.50
1013378006, Lutgen, Gerald J. & Dianne H., S
1/2 Lot 4 Frank Fosselmann's Sub, 2458
Central Ave., 63,550.00, $63,992.34,
$442.34, $442.34, $442.34
1013378007, Frommelt, David C., S 1/2 & N
1/2 Lot 3 F Fosselmann's Sub, 2448 Central
Ave., 43,380.00, $44,264.67, $884.67,
$884.67, $884.67
1013378008, Hess, Richard J. & Nancy M., N
1/2 Lot 2 Frank Fosselmann's Sub, 2442
Central Ave., 57,570.00, $58,012.34,
$442.34, $442.34, $442.34
1013378009, Brandenburg, Cory L. Victoria
R., S 1/2 Lot 2 F Fosselmann's Sub, 2438
Central Ave., 67,310.00, $67,752.34,
$442.34, $442.34, $442.34
1013378010, Routley, Jonathan J. & Mary F.,
Lot 2-1 F Fosselmann's Sub, 2422 Central
Ave., 40,220.00, $40,662.34, $442.34,
$442.34, $442.34
1013378011, Routley, Jonathan J. & Mary F.,
Lot 1-1 F Fosselmann's Sub 2420-2420 1/2
Central Ave, 2420 Central Ave., 46,940.00,
$47,384.43, $444.43, $444.43, $444.43
1013378014, Haggerty, Daniel M. & Cheryl K.,
Lot 8 Frank Fosselmann's Sub, 52 E 25th St,
59,510.00, $60,648.18, $1,138.18,
$1,138.18, $1,138.18
1013378017, Lange, Nathaniel J., N 40' Lot 11
F Fosselmann's Sub, 2487 White St,
66,300.00, $66,915.51, $615.51, $615.51,
$615.51
1013378018, Key, Melvin R & Jean M., N 23'
Lot 12 & S 20' Lot 11 Frank Fosselmann's
Sub, 2485 White St, 74,860.00, $75,521.67,
$661.67, $661.67, $661.67
1013378019, Oliver, Michelle L., S 37' Lot 12
& N 6' Lot 13 F Fosselmann's Sub, 2435
White St, 70,360.00, $71,021.67, $661.67,
$661.67, $661.67
1013378020, Data, Jason K., N 43' S 54' Lot
13 Frank Fosselmann's Sub, 2429 White St,
66,390.00, $67,051.67, $661.67, $661.67,
$661.67
1013378021, Ronnerud, Evan P., Lot 14 & S
11-S 54' Of' Lot 13 F Fosselmann's Sub,
2421 White St, 79,630.00, $80,896.27,
$1,266.27, $1,266.27, $1,266.27
1013378022, Mc Manhon Real Est Rentals
LLC, E 67' Of E 75' Of Lot 2-172 L H Lang-
worthys Add 2413-2417 White, 2413 White
St, 66,530.00, $67,906.83, $1,376.83,
$1,376.83, $1,376.83
24th To 25th (White And Jackson,
1013379002, Wright, William L., Lot 4 Olingers
Sub, 102 E 25th St, 40,780.00, $42,410.21,
$1,630.21, $1,630.21, $1,630.21
1013379003, Queck Capital Management
LLC, W 1/2 Lot 181 L H Langworthys, 2486
White St, 70,640.00, $72,406.25, $1,766.25,
$1,766.25, $1,766.25
1013379015, Heer, Nicolette M., Lot 2 Oling-
ers Sub, 2491 Jackson St, 51,470.00,
$52,023.76, $553.76, $553.76, $553.76
1013379016, Queck Capital Management
LLC, Lot 3 Olingers Sub, 2477 Jackson St,
59,970.00, $60,567.86, $597.86, $597.86,
$597.86
12. Pre-Annexation Agreement - 14682
Old Highway Rd., Rodney and Diann Mozena:
City Manager recommending approval of a
Pre-Annexation Agreement with Rodney M
and Diann T. Mozena, property owners at
14682 Old Highway Road. Upon motion the
documents were received and filed and Reso-
lution No. 8-15 Approving a Pre-Annexation
Agreement between the City of Dubuque, Iowa
and Rodney M and Diann T. Mozena, was
adopted.
RESOLUTION NO. 8-15
APPROVING A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND RODNEY M. AND
DIANN T. MOZENA
Whereas, Rodney M and Diann T. Moz-
ena, the owner of the following described
property in Dubuque County, Iowa (the Proper-
ty) have submitted to the City Council of the
City of Dubuque an application for voluntary
annexation of the Property to the City of
Dubuque:
8 Regular Session, January 5, 2015 Book 145
Lot 2-2-1-1-2 SW ¼ NW ¼ in Dubuque
County, Iowa; and
Whereas, Rodney M and Diann T. Mozena
have entered into a Pre-annexation Agreement
with the City of Dubuque a copy of which is
attached hereto governing the future annexa-
tion of the Property; and
Whereas, the Property is not subject to an
existing annexation moratorium; and Whereas,
the Property does not include any state or rail-
road property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
Dubuque County, Iowa and the extension of
city limits by voluntary annexation; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Dubuque, and will promote efficient and cost
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement
by and between Rodney M and Diann T. Moz-
ena and the City of Dubuque is hereby ap-
proved.
Passed, approved and adopted this 5th day
of January, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
13. Title Transfer for 1598 Washington:
City Manager recommending approval author-
izing the transfer of title for City-owned real
property located at 1598 Washington Street, to
Community Housing Initiatives Inc. Upon mo-
tion the documents were received and filed
and Resolution No. 9-15 Approving the Trans-
fer of Title of Real Estate located at 1598
Washington Street, in the City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 9-15
APPROVING THE TRANSFER OF TITLE OF
REAL ESTATE LOCATED AT 1598 WASH-
INGTON STREET, IN THE CITY OF DUBU-
QUE, IOWA
Whereas, the City acquired the property at
1598 Washington Street for the purpose of its
restoration and re-sale for owner-occupied
housing in the Washington Neighborhood; and
Whereas, such purpose supports the
Washington Neighborhood Revitalization
Strategy as approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the transfer of title for the following
legally-described property:
Lot 2 of Lot 1 of Lot 12 in East Dubuque,
an addition in the City of Dubuque, Iowa
according to the recorded plat there –
1598 Washington Street valued at
$50,000.
Section 2. That the City of Dubuque be and
is hereby authorized to provide a Special War-
ranty Deed to the buyer, conveying the City’s
interest to Community Housing Initiatives, Inc.
(CHI) for the herein-described real estate.
Section 3. That the Assistant City Clerk be
and she is hereby authorized and directed to
cause said Special Warranty Deed to be rec-
orded in the Office of the Dubuque County
Recorder, together with certified copy of the
Resolution.
Section 4. That the Assistant City Clerk be
and she is hereby directed to forward a copy of
this Resolution to the Dubuque County Asses-
sor and the Dubuque County Auditor.
Passed, approved and adopted this 5th day
of January, 2015.
Roy D Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
14. Alcohol Compliance Civil Penalty for
Alcohol License Holder – Aldi, Inc. #80: City
Manager recommending approval of the Ac-
knowledgment/Settlement Agreement for an
alcohol compliance violation for Aldi, Inc. #80,
2160 Holliday Dr. Upon motion the documents
were received, filed and approved.
15. Liquor License Renewals: City Manag-
er recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon
motion the documents were received and filed
and Resolution No. 10-15 Approving Applica-
tions for Beer, Liquor, and/or Wine Permits, as
required by City of Dubuque Code of Ordi-
nances Title 4 Business and License Regula-
tions, Chapter 2 Liquor Control, Article B Liq-
uor, Beer and Wine Licenses and Permits, was
adopted.
RESOLUTION NO. 10-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
Book 145 Regular Session, January 5, 2015 9
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Baymont Inn & Suites, 4025 McDonald Dr.,
Class B Liquor (Outdoor) (Sunday)
Best Western Plus Dubuque Hotel/ Champps
Americana, 3100 Dodge St., Class B Liq-
uor (Catering) (Outdoor) (Sunday)
Breezers Pub Company, 600 Central Ave.,
Class C Liquor
Hy-Vee Clubroom, 400 S. Locust St., Special
Class C Liquor (Sunday)
Hy-Vee Gas #2, 2435 NW Arterial, Class B
Native Wine (Sunday)
The Lounge, 481 Locust St., Class C Liquor
(Outdoor)
United Auto. Workers Local #94, 3450 Central
Ave., Class B Beer, Class B Native Wine
(Sunday)
New
Pinot's Palette Dubuque, 955 Main St., Class
B Native Wine (Sunday)
Passed, approved and adopted this 5th day
of January, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
BOARDS/COMMISSIONS
Appointments to the following commissions
to be made at this meeting.
1. Housing Code Appeals Board: Two, 3
year terms through January 11, 2018 (Expiring
terms of Gotz and Miller) Applicants: Mary
Gotz, 1844 Bennett St. and Fred Miller, 2462
Central Ave. Motion by Braig to appoint Ms.
Gotz, and Mr. Miller, to 3-year terms through
January 11, 2018. Seconded by Resnick. Mo-
tion carried 7-0.
2. Human Rights Commission: Three, 3
year terms through January 1, 2018 (Expiring
terms of Allen, Lee and Stewart) One, 3 year
term through January 1, 2017 (Vacant term of
Ostwinkle) Applicants: Anthony Allen, PO Box
1721; Frederick Davis Jr., 348 West 1st St.;
Nikkole Nutter, 2897 Asbury Rd.; R.R.S Stew-
art, 460 Summit St.; and Shirley Templeton
Vaughn, 2973 Castle Woods Ln. Upon roll call
vote, Mr. Davis Jr. (Braig, Buol, Connors,
Jones, Lynch, Resnick, Sutton) and Ms. Tem-
pleton Vaughn (Braig, Buol, Connors, Jones,
Resnick, Sutton) were appointed to 3-year
terms through January 1, 2018. Upon Tie-
breaking roll call vote, Mr. Allen (Buol, Con-
nors, Jones, Lynch) was appointed to a 3-year
term through January 1, 2018. Upon roll call
vote, Ms. Nutter (Braig, Buol, Jones, Lynch,
Resnick, Sutton), was appointed to a 3 year
term through January 1, 2017.
3. Zoning Advisory Commission: One, 3
year term through July 1, 2015 (Vacant term of
Miller) Applicants: Justin McCarthy, 315 River
Ridge St.; Laura Roussell, 3224 Bittersweet
Ln.; and Greg Yoko, 3660 Seville. Upon roll
call vote, Ms. Roussell (Braig, Buol, Connors,
Jones, Resnick) was appointed to a 3 year
term through July 1, 2015.
4. Zoning Board of Adjustments: One, 5
year term through March 25, 2017 (Vacant
term of Gibbs) Applicant: Bethany Golombeski,
65 Cambridge Ct. Motion by Lynch to appoint
Ms. Golombeski to a 5-year term through
March 25, 2017. Seconded by Braig. Motion
carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing any one present to address the City
Council on the following items:
1. Interstate Power and Light Company
Franchise Agreement: Proof of publication on
notice of public hearing to consider an ordi-
nance granting to Interstate Power and Light
Company, its successors and assigns, the
right and non-exclusive franchise to acquire,
construct, erect, maintain and operate in the
City of Dubuque, Iowa an electric system and
to furnish and sell electric energy to the City
and its inhabitants and authorizing the City to
collect franchise fees for a period of 25 years
and the City Manager recommending approv-
al. 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 Braig. Motion Car-
ried 7-0.
Motion by Connors for final consideration
and passage of Ordinance No. 1-15 Repealing
Ordinance No. 58-93 and granting to Interstate
Power and Light Company, Its Successors and
Assigns, The Right and Non-Exclusive Fran-
chise to Acquire, Construct, Erect, Maintain
and Operate in the City of Dubuque, Iowa an
electric system and to furnish and sell electric
energy to the City and its inhabitants and au-
thorizing the City to collect franchise fees for a
period of 25 years. Seconded by Braig. Raki
Giannakouros, 1640 Lawndale Street, spoke
regarding the deration of the agreement and
possible renegotiations. Motion carried 7-0.
10 Regular Session, January 5, 2015 Book 145
OFFICIAL PUBLICATION
ORDINANCE NO. 1-15
REPEALING ORDINANCE NO. 58-93 AND
GRANTING TO INTERSTATE POWER AND
LIGHT COMPANY, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT AND NON-
EXCLUSIVE FRANCHISE TO ACQUIRE,
CONSTRUCT, ERECT, MAINTAIN AND OP-
ERATE IN THE CITY OF DUBUQUE, IOWA
AN ELECTRIC SYSTEM AND TO FURNISH
AND SELL ELECTRIC ENERGY TO THE
CITY AND ITS INHABITANTS AND AU-
THORIZING THE CITY TO COLLECT FRAN-
CHISE FEES FOR A PERIOD OF 25 YEARS
BE IT ENACTED by the City Council of the
City of Dubuque, Iowa:
Section 1. Except as explicitly provided in
Section 12 hereof regarding the continuation of
the present franchise fee, Ordinance No. 58-
93 (City Code Sections 11- 5A-1 through 11-
5A.24 both inclusive) and all amendments and
supplements thereto shall upon the effective
date of this franchise be repealed and re-
placed by this Ordinance. Upon the effective
date of this ordinance, all prior electric fran-
chises granted to the Company to furnish elec-
tric service to the City and its inhabitants are
hereby repealed and all other ordinances or
parts of ordinances in conflict herewith are
also hereby repealed.
Section 2. There is hereby granted to In-
terstate Power and Light Company, (hereinaf-
ter called "Company") and to its successors
and assigns, the right and non- exclusive fran-
chise to acquire, construct, reconstruct, re-
place, erect, maintain and operate in the City
of Dubuque, Iowa (hereinafter called the
"City") a system for the distribution of electric
energy along, under, over and upon the
streets, avenues, rights of way, alleys, public
places or public grounds (excluding parks) to
serve customers within the City, and to furnish
and sell electric energy to the City and its in-
habitants. The City Council reserves to itself
the right to extend this franchise to specific
areas or corridors within parks at the request
of the Company. The Company is granted the
right to exercise of powers of eminent domain.
This franchise shall be effective for a twenty-
five (25) year period from and after the effec-
tive date of this ordinance.
Section 3. The Company shall have the
right to erect all necessary poles and to place
thereon and attach thereto the necessary
wires, guys, anchors, fixtures and accessories
as well as to excavate and bury conduits or
conductors and related equipment and appur-
tenances for the distribution of electric energy
in and through the City, provided the same
shall be placed in accord with this franchise
and the City Code and regulations of the City
of Dubuque regarding the placement, re-
placement, repair or construction of structures,
facilities, accessories or other objects in the
right of way by utilities and other users of the
right of way, including ordinances which assign
corridors or other placements to users of the
right of way and requirements which may be
adopted regarding separations of structures,
facilities, accessories or other objects.
Section 4. The City may require the Com-
pany for the purposes of facilitating the con-
struction, reconstruction, maintenance or re-
pair of the street, avenue, right of way or alley,
public places or grounds in accord with the
ordinances of the City at the Company's cost
and expense in accordance with Iowa law,
including Company's Tariff on file with and
made effective by the Iowa Utilities Board as
may subsequently be amended, to construct,
replace, repair, locate and relocate its existing
facilities or equipment in, on, over or under any
public street, avenue, right of way, alley, public
places or grounds in the City in such a manner
as the City may reasonably require, except the
Company shall not be required to construct,
replace, repair, locate and relocate existing
facilities where Company facilities are located
in private easements (whether titled in the
Company or other entities) unless said private
easement is upon land owned by the City.
If the City orders or requests the Company
to relocate its existing facilities or equipment
for any reason other than as specified above,
or as the result of the initial request of a com-
mercial or other non-public development, the
Company shall receive payment for the cost of
such relocation as a precondition to relocating
its existing facilities or equipment.
The Company shall not be required to relo-
cate, at its cost and expense, Company facili-
ties in the public right of way that have been
relocated at Company expense at the direction
of the City in the previous three (3) years.
The City shall consider reasonable alterna-
tives in designing its public works projects so
as not arbitrarily to cause the Company unrea-
sonable additional expense in exercising its
authority under this section. The City shall also
provide a reasonable alternative location for
the Company’s facilities as part of its reloca-
tion request.
Section 5. In making excavations in any
streets, avenues, alleys and public places for
the installation, maintenance or repair of any
conductor, conduit or other appurtenance or
the erection of poles and wires or other appli-
ances, the Company shall not unreasonably
obstruct the use of the streets, avenues, alleys
or public places. The Company in making any
such excavations shall, if required by ordi-
nance, obtain a City permit therefore and shall
not unnecessarily obstruct the use of streets,
avenues, alleys, or public places and shall
provide the City Manager or City Manager's
designee or such other person as the City may
Book 145 Regular Session, January 5, 2015 11
designate with 24 hours’ notice prior to the
actual commencement of the work, and shall
comply with all provisions and requirements of
the City in its regulation of the use of City right
of way in performing such work. In emergen-
cies which require immediate excavation, the
Company may proceed with the work without
first applying for or obtaining a permit, provid-
ed, however, that the Company shall apply for
and obtain an excavation permit as soon as
possible after commencing such emergency
work. The Company shall comply with all pro-
visions and requirements of the City in its
regulation of the use of City right of way in
performing any excavations. The Company
shall comply with all city ordinances regarding
paving cuts, placement of facilities and resto-
ration of pavement and other public infrastruc-
ture. The Company shall replace the surface,
restoring the condition as existed prior to the
Company's excavation, but shall not be re-
quired to improve or modify the public right of
way unless said improvement is necessary to
meet a SUDAS (Statewide Urban Design and
Specifications standard), a requirement of the
Americans with Disabilities Act, or any other
standard mandated by state or federal law,
provided however, if any improvement is re-
quested or required for aesthetic, cosmetic or
similar purposes not mandated by state or
federal law the City shall reimburse the Com-
pany the incremental cost of such improve-
ments. The Company shall complete all re-
pairs in a timely and prompt manner. Company
agrees any replacement of road surface shall
conform to current City ordinances regarding
its depth and composition.
Section 6. The City when vacating a street,
avenue, alley, public ground or public right-of-
way shall not deprive the Company of its right
to operate and maintain existing facilities and
their replacements on, below, above, or be-
neath the vacated property. Prior to the City
abandoning or vacating any street, avenue,
alley, right of way or other public ground where
the Company has electric facilities, the City
shall grant the Company a utility easement for
said facilities. This paragraph shall not apply to
the realignment, reconstruction, or vacation of
streets or alleys in a designated urban renewal
area; provided, however, the City shall identify,
reserve and make available alternate locations
for facilities to serve the designated urban re-
newal area consistent with the technical needs
of the Company.
Section 7. The Company agrees that, un-
less there are extenuating circumstances be-
cause of damage, supply shortage or other
reason beyond the Company's control, the
Company shall replace any street light which is
burned out or otherwise not functioning within
ten days of receipt of written notice specifying
the street light in need of replacement or re-
pair. If because of extenuating circumstances
the Company will not be able to replace or
repair a street light within ten (10) days after
notice, the Company shall notify the City within
ten (10) days of the receipt of written notice
from the City what the extenuating circum-
stances are, including a date when the street
light will be repaired or replaced.
The Company shall adopt a program and
provide a written copy to the City, under which
the Company will convert all street lights in the
City to Light Emitting Diode (LED) lights within
five (5) years of the effective date of this fran-
chise. The Parties agree that should an im-
proved technology be developed and commer-
cially reasonable during this franchise, thereaf-
ter, the Company may, at its option, substitute
different lighting technologies that provide an
amount and quality of light that is at least
equal to that provided by the LED technology.
Before installing any such substitute technolo-
gy, the Company must obtain the City's ap-
proval, such approval shall not be unreasona-
ble withheld.
Section 8. The Company shall maintain the
availability of service throughout the entire City
including newly annexed areas, but excluding
areas designated by the Iowa Utilities Board to
be the exclusive service territory of another
electric provider, by extending lines or facilities
in a manner consistent with Iowa law. The
Company shall furnish electric energy in suffi-
cient quantities to supply the reasonable de-
mands of the City and the inhabitants thereof
and including industrial users in accordance
with the regulations and conditions of service
as approved by the Iowa Utilities Board.
Section 9. Upon reasonable request the
Company shall provide the City, on a project
specific basis, information indicating the hori-
zontal location, relative to boundaries of the
right of way, of all equipment which it owns or
over which it has control that is located in City
right of way, including documents, maps and
other information in paper or electronic or oth-
er forms ("Information"). The Company shall
also provide upon request of the City infor-
mation including mapping data indicating the
horizontal and vertical locations, relative to the
boundaries of the right-of-way, of all equip-
ment which the Company owns or over which
it has control and which is located in any right-
of-way. With respect to equipment which was
in place as of December 31, 1998, the Com-
pany may satisfy this requirement by providing
copies of maps showing equipment locations
which were developed and kept by the Com-
pany in the ordinary course of business, pro-
vided that if such maps do not show the loca-
tion of all such existing equipment, the Com-
pany will be required to field locate equipment
not shown on such maps and provide mapping
data for such equipment provided that respect
12 Regular Session, January 5, 2015 Book 145
to equipment which the Company placed with-
in the right-of-way after December 31, 1998,
the Company shall provide mapping data with
the specificity and in the format required by the
City for inclusion in the mapping system used
by the City, as more specifically provided in
the City's utility accommodation and street
restoration specifications. The Company and
City recognize the Information may in whole or
part be considered a confidential record under
state or federal law or both. Therefore, the City
shall not release any information without prior
consent of the Company and shall return the
Information to Company upon request. The
City recognizes that Company claims the In-
formation may constitute a trade secret or is
otherwise protected from public disclosure by
state or federal law on other grounds and
agrees to protect the Information to the extent
allowed by state or federal law. Furthermore,
the City agrees that no documents, maps or
information provided to the City by the Com-
pany shall be made available to the public or
other entities if such documents or information
are exempt from disclosure under the provi-
sions of the Freedom of Information Act, the
Federal Energy Regulatory Commission Criti-
cal Energy Infrastructure requirements pursu-
ant to 18 CFR 388.112 and 388.113, or Chap-
ter 22 of the Code of Iowa, as such statutes
and regulations may be amended from time to
time. In the event any action at law, in equity
or administrative is brought against the City
regarding disclosure of any document which
the Company has designated as a trade secret
or as otherwise protected from disclosure the
City shall promptly notify the Company. The
Company shall have the right to assume the
defense of said action. The Company shall
reimburse the City any and all costs, including
attorney fees and penalties, to the extent al-
lowed by law which may result from any said
action.
Section 10. The pruning and removal of
trees shall be done in accordance with current
nationally accepted safety and utility industry
standards and federal and state law, rules and
regulations. The Company is authorized and
empowered to prune or remove at Company
expense, any tree extending into any street,
avenue, right of way, alley, public place or
public grounds to maintain electric reliability,
safety, to restore utility service and to prevent
limbs, branches, or trunks from interfering with
the wires and facilities of the Company. The
pruning and removal of trees shall be complet-
ed in accordance with nationally accepted
safety and utility standards, currently ANSI
Zl33-2012, American National Standard for
Arboricultural Operations-Safety Require-
ments, and ANSI A300(part 1) - 2008Pruning,
American National Standard for Tree, Shrub,
and other Woody Plant Maintenance - Stand-
ard of Practices Pruning, and subsequent revi-
sions to these standards. In the event any tree
is removed by the Company, or is damaged to
the extent that the city forester determines the
tree has lost its viability or functionality, be-
cause the Company has removed or trimmed
a tree in violation of this paragraph, the Com-
pany shall pay the City upon invoice the sum
of Three Hundred Fifty dollars ($350) per tree,
which amount shall be adjusted annually
commencing on the first anniversary of the
adoption of this franchise, and each anniver-
sary thereafter by the change in percentage in
the United States Bureau of Labor Statistics
Consumer Price Index (CPI) as of the applica-
ble anniversary of this franchise compared to
the CPI as of the same date of the previous
year.
Section 11. The Company shall indemnify,
save and hold harmless the City from any and
all claims, suits, losses, damages, costs or
expenses, including attorneys' fees, on ac-
count of injury or damage to any person or
property, to the extent caused or occasioned in
whole or part by the Company's negligence in
construction, reconstruction, excavation, oper-
ation or maintenance of the electric facilities
authorized by this franchise; provided, howev-
er, that the Company shall not be obligated to
defend, indemnify and save harmless the City
for any costs or damages to the extent arising
in whole or part from the negligence of the
City, its officers, employees or agents.
Section 12. The franchise fee presently
imposed by the City upon the Company under
Ordinance No. 58-93 (City Code Sections 11-
5A-1 through 11-5A.24, both inclusive) shall
continue under this franchise. In addition the
City is authorized to impose by ordinance a
franchise fee up to the amount allowed by Io-
wa law upon the gross revenue generated
from sales of electricity by the Company within
the corporate limits of the City. The Company
and City agree that the City Council may in its
discretion increase the franchise fee by ordi-
nance, without further consent from the Com-
pany, provided no increase shall exceed the
maximum franchise fee allowed by Iowa law.
Upon notice, the Company shall promptly seek
a tax rider tariff from the Iowa Utilities Board
and the Company shall begin collecting the
franchise fee and any increased fee upon re-
ceipt of written approval of the required tax
rider tariff from the Iowa Utilities Board. The
City shall provide to the Company's Iowa fran-
chise manager, by certified mail, copies of
annexation ordinances and all new property
addresses to which the franchise fee will be
applied. The Company shall commence col-
lecting the franchise fee in the annexed areas
sixty (60) days thereafter. The Company shall
not, under any circumstances be required to
return or refund any franchise fees that have
Book 145 Regular Session, January 5, 2015 13
been collected from customers and remitted to
the City. In the event the Company is required
to provide data or information in defense of the
City's imposition of franchise fees or the Com-
pany is required to assist the City in identifying
customers or calculating any franchise fee
refunds for groups of or individual customers
the City shall reimburse the Company for the
expenses incurred by the Company to provide
such data or information.
Section 13. The City may, in the extension
or modification of streets and roads, make
provision for the placement of Company ser-
vice lines and facilities on City owned right of
way without charge to Company. In the event
such an area is provided, the Company must
utilize the area provided for placement of its
service lines and facilities as directed by the
City or other reasonable location provided by
the Company. Nothing in this franchise shall
be construed as a guarantee that in either ex-
isting right of way or in future acquired right of
way the City will provide sufficient space for
any particular need of the Company nor shall
the City be required to obtain additional right of
way solely for the use of the Company.
Section 14. In the event the Company is
required to move, remove or modify the
placement of any of its poles, lines, wires,
conduit, conductors, fixtures, accessories,
equipment or appurtenances located within the
City because of any public improvement or
public purposes of the City, the Company shall
do so at its own expenses as directed by the
City. In planning for the extension or modifica-
tion of streets and roads, the City shall, to the
extent practicable in the discretion of its public
works director, design such changes to limit
the need for the relocation of Company facili-
ties.
Section 15. The Company shall make an
annual written report to the City Manager
summarizing community contributions that
benefit the people of the City which have been
made by the Company or its foundation. The
written report shall include the name of each
entity to which such contributions have been
made, the amount of such contribution and a
comparison showing contributions for that year
and the three (3) prior years.
Section 16. The City shall be privileged
upon thirty (30) days advance notice to the
Company, without charge, to make use of the
distribution poles of the Company that are
placed within City right of way for any City
alarm, City control, or City communication
function, including City cameras, excluding any
paid subscriber services (but including any
City owned cable or wire line communication
system for which use the City shall pay an
amount consistent with federal law), to the
extent that such use shall not interfere with
their use by the Company, but the City shall
hold the Company harmless from any and all
causes of action, litigation or damages arising
through the placing of the facilities of the City
upon the company's poles. If at the sole dis-
cretion of the company, it is determined that
said attachments may create a clearance vio-
lation or other hazardous situation, or that wind
or other conditions may place undue stress on
specific Company facilities, the City shall not
be authorized to attach to those facilities. If
attachments are in place, upon notification by
the Company of damage or potential damage,
the City shall promptly remove said attach-
ments. The Company will contact the City
Manager in the event of an emergency.
Section 17. The Company will provide to
the City energy efficiency materials and rebate
forms for display in the building permit depart-
ment and other City departments as requested
by the City. The Company will participate in
neighborhood and community events, when
possible, and upon a request from the City or
neighborhood organization, to encourage City
residents to utilize the Company’s energy effi-
ciency programs.
Section 18. The Company shall make an
annual written report before June 1 of each
year to the City Manager summarizing the
aggregate electric use in the City by sector or
type of customer. This report shall indicate the
percentage of energy used within the City de-
rived from renewable resources. In addition,
the Company will implement starting before
the end of 2015 systems to promote customer
choice by providing information regarding rates
and pricing and available technologies which
allow customers to make rational usage deci-
sions and in addition shall install systems to
integrate the grid within the City to allow cus-
tomers to aid in creating system reliability and
stability, and provide options for alternative
generation in coordination with the Company
with attention to integrating renewable sup-
ported alternative generation which minimizes
or reduces environmental impacts, improves
efficiency and reduces carbon fuel usage.
Section 19. In the event that the Company
should have real estate or any interest in real
estate within the City or within two (2) miles of
the then current boundaries of the City, which
it intends to sell, transfer or which it otherwise
intends to divest the Company, it shall first
offer to sell or transfer said property to the City
upon the terms and conditions upon which the
Company intends to sell, transfer or divest
itself and in no case shall the Company sell,
transfer or divest itself of any said interest in
real property without first offering equal terms
to the City. The City shall have ninety (90)
days to respond to any offer of sell or transfer
or divestiture. The failure of the City to respond
in ninety (90) days shall be deemed a refusal
by the City and the Company may then sell,
14 Regular Session, January 5, 2015 Book 145
transfer or otherwise divest of such real estate
or interest in real property free of any claim or
hindrance by the City.
Section 20. The City reserves to itself all
home rule authority under the Constitution of
Iowa.
Section 21. Either City or Company ("par-
ty") may terminate this franchise if the other
party shall be materially in breach of its provi-
sions. Upon the occurrence of a material
breach, the non-breaching party shall provide
the breaching party with notification by certified
mail specifying the alleged breach. The
breaching party shall have 60 days to cure the
breach, unless it notifies the non-breaching
party, and the parties agree upon a longer
period for cure. If the breach is not cured with-
in the cure period, the non-breaching party
may terminate this franchise. A party shall not
be considered to be in breach of this franchise
if it has operated in compliance with state or
federal law. A party shall not be considered to
have breached this franchise if the alleged
breach is the result of the actions of a third
party or the other party.
Section 22. If any of the provisions of this
franchise ordinance are for any reason de-
clared to be illegal or void, the lawful provi-
sions of this franchise ordinance, which are
severable from said unlawful provisions, shall
be and remain in full force and effect, the
same as if the franchise ordinance contained
no illegal or void provisions.
Section 23. This ordinance and the rights
and privileges herein granted shall become
effective and binding upon its approval and
passage in accordance with Iowa law and the
written acceptance by the Company. The City
shall provide Company with an original signed
and sealed copy of this ordinance within 10
days of its final passage. The Company shall,
within thirty (30) days after the City Council
approval of this ordinance, file in the office of
the clerk of the City, its acceptance in writing
of all the terms and provisions of this ordi-
nance. Following City Council approval, this
ordinance shall be published in accordance
with the Code of Iowa. The effective date of
this ordinance shall be the date of publication.
In the event Company does not file its written
acceptance of this ordinance within 30 days
after its approval by the City Council this ordi-
nance shall be void and of no effect.
This Ordinance shall be effective once ap-
proved in accord with Iowa law.
Passed and approved this 5th day of Janu-
ary, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald on
the 9th day of January, 2015.
/s/Trish L. Gleason, Assistant City Clerk
2. Black Hills Energy Corporation Fran-
chise Amendment: Proof of publication on no-
tice of public hearing to consider an amend-
ment to City of Dubuque Code of Ordinances
Sec. 11-4-23: Franchise Fee, authorizing the
City Council to impose a franchise fee not to
exceed three percent (3%) on the gross reve-
nue generated from the distribution and sale of
natural gas or mixed gas within the City of
Dubuque, by increasing such authority to five
percent (5%) and the City Manager recom-
mending approval. City Attorney Lindahl rec-
ommending to table and recess until January
20, 2015. Restated motion by Connors to table
and recess until January 20, 2015 meeting.
Seconded by Lynch. Motion carried 7-0.
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Comprehensive Annual Financial Report
(CAFR) for Fiscal Year Ending June 30, 2014
and Auditor’s Presentation: City Manager
transmitting the Fiscal Year 2014 Comprehen-
sive Financial Report (CAFR), Auditor's Com-
munication with Those Charged with Govern-
ance Letter, the City Finance staff responses
to auditor's findings and Eide Bailly CPA Audit
Partner Dave Cahill's presentation. Motion by
Braig to receive, file and listen to presentation.
Dave Cahill gave an oral presentation Se-
conded by Connors. Motion carried 7-0.
2. Code of Ordinances Amendment Title
10 - Sledding in City Parks: City Manager rec-
ommending approval of an ordinance prohibit-
ing sledding, downhill skiing, snowboarding or
tobogganing on City property except in desig-
nated areas of certain parks. Motion by Jones
to receive and file the documents and that the
requirement that a proposed ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by
Braig. Motion Carried 6-1 with Resnick voting
nay.
Motion by Jones for final consideration and
passage of Ordinance No. 3-15 Amending
Title 10 Public Ways And Property, Chapter 5
Parks And Recreation, Article B Use Regula-
tions by adopting a new Section 10-5B-23
Prohibiting Sledding, Downhill Skiing, Snow-
boarding or Tobogganing Except in Certain
Designated Areas in Certain City Parks. Se-
conded by Lynch. Motion carried 6-1 with
Resnick voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 3-15
AMENDING TITLE 10 PUBLIC WAYS AND
PROPERTY, CHAPTER 5 PARKS AND
Book 145 Regular Session, January 5, 2015 15
RECREATION, ARTICLE B USE REGULA-
TIONS BY ADOPTING A NEW SECTION 10-
5B-23 PROHIBITING SLEDDING, DOWN-
HILL SKIING, SNOWBOARDING OR TO-
BOGGANING EXCEPT IN CERTAIN DESIG-
NATED AREAS IN CERTAIN CITY PARKS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordi-
nances Title 10, Chapter 5, Article B is
amended by adding the following:
10-5B-23: Sledding and Other Snow Ac-
tivities Prohibited
No person may sled or engage in any
other snow activity, including but not
limited to, downhill skiing, snowboard-
ing, tobogganing, or any other means
of descending a hill on snow or ice, in
any park or on any public property
except in areas designated by the
City Manager in the following parks,
subject to all rules posted for such
sledding or snow activities:
• Bunker Hill Golf Course, daylight
hours only
• Allison-Henderson Park, daylight
hours only
Riding inner tubes in a park or on any pub-
lic property is prohibited at all times.
Section 2. This ordinance takes effect upon
publication.
Passed, approved and adopted the 5th day
of January, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald on
the 7th day of January, 2015.
/s/Trish L. Gleason, Assistant City Clerk
3. Grand River Center Annual Report: Mitzi
Yordy, Manager of the Grand River Center,
made a presentation to the City Council on the
2014 Annual Report and updates of activities
in the current fiscal year and plans for the fu-
ture. Motion by Connors to receive, file and
listen to presentation. Seconded by Jones.
Motion carried 7-0.
4. Emerald Ash Borer Readiness Plan: City
Manager recommending adoption of the Em-
erald Ash Borer (EAB) Readiness Plan. Motion
by Jones to receive, file and approve the doc-
uments. Seconded by Braig. Motion carried 7-
0.
5. Adoption of the 2014 National Electrical
Code: City Manager recommending adoption
of the 2014 edition of the National Electrical
Code. Motion by Braig to receive and file the
documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Resnick. Motion
carried 7-0.
Motion by Braig for final consideration and
passage of Ordinance No. 4-15 Amending City
of Dubuque Code of Ordinances Title 14 Build-
ing and Development, Chapter 1 Building
Codes, Article D Electrical Code by adopting
The National Electrical Code, 2014 Version
With Amendments thereto; and adopting a
new Section 14-1D-3 Establishing the Electri-
cal Code Board and Providing for the Powers,
Operation, Membership, and Meetings. Se-
conded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 4-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING
CODES, ARTICLE D ELECTRICAL CODE
BY ADOPTING THE NATIONAL ELECTRI-
CAL CODE, 2014 VERSION WITH AMEND-
MENTS THERETO; AND ADOPTING A NEW
SECTION 14-1D-3 ESTABLISHING THE
ELECTRICAL CODE BOARD AND PROVID-
ING FOR THE POWERS, OPERATION,
MEMBERSHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 14, Chapter 1, Article D of
the City of Dubuque Code of Ordinances is
amended as follows:
14-1D-1: NATIONAL ELECTRICAL CODE
ADOPTED:
Except as hereinafter added to, deleted,
modified or amended, there is hereby adopted
by reference as the electrical code of the city
that certain electrical code known as the na-
tional electrical code, 2014 edition, as pre-
pared and edited by the National Fire Protec-
tion Agency, Quincy, Massachusetts, and the
provisions of such electrical code shall be con-
trolling in the supply of electricity and in the
installation, maintenance and use of all electri-
cal conductors and equipment and installation
of optical fiber cable within the corporate limits
of the city, and shall be known as the Dubuque
electrical code. A copy of the national electrical
code, 2014 edition, as adopted, shall be on file
in the office of the city clerk for public inspec-
tion.
14-1D-2: NATIONAL ELECTRICAL CODE
AMENDMENTS:
The national electrical code adopted by
section 14-1D-1 of this article is hereby
amended as follows:
. . .
81-3. Electrical Code Board. See 14-1D-3.
. . . .
16 Regular Session, January 5, 2015 Book 145
210.8 Ground-Fault Circuit-Interrupter Pro-
tection for Personnel
Ground-fault circuit-interrupter protection
for personnel shall be provided as required in
210.8(A) through (D). The ground-fault circuit-
interrupter shall be installed in a readily acces-
sible location.
(A) Dwelling Units. All 125-volt, single-
phase, 15- and 20-ampere receptacles in-
stalled in the locations specified in 210.8(A)(1)
through (10) shall have ground- fault circuit-
interrupter protection for personnel.
(2) Garages, and also accessory buildings
that have a floor located at or below grade
level not intended as habitable rooms and
limited to storage areas, work areas, and
areas of similar use
Exceptions to (2):
a. Receptacles that are not readily
accessible.
b. A single receptacle or a duplex re-
ceptacle for two appliances located
within dedicated space for each ap-
pliance that, in normal use, is not
easily moved from one place to an-
other and that is cord- and-plug con-
nected in accordance with
400.7(A)(6), (A)(7), or (A)(8).
c. Receptacles installed under the
exceptions to section 210.8(A)(2)
shall not be considered as meeting
the requirements of 210.52(G).
(5) Unfinished basements – for purposes of
this section, unfinished basements are de-
fined as portions or areas of the basement
not intended as habitable rooms and lim-
ited to storage areas, work areas, and the
like
Exceptions to (5):
a. A receptacle supplying only a per-
manently installed fire alarm or bur-
glar alarm system shall not be re-
quired to have ground- fault circuit-
interrupter protection.
b. Receptacles that are not readily
accessible.
c. A single receptacle or a duplex re-
ceptacle for two appliances located
within dedicated space for each ap-
pliance that, in normal use, is not
easily moved from one place to an-
other and that is cord- and-plug con-
nected in accordance with
400.7(A)(6), (A)(7), or (A)(8).
d. Receptacles installed under the
exceptions to 210.8(A)(5) shall not be
considered as meeting the require-
ments of 210.52(G).
210.12 Arc-Fault Circuit-Interrupter Protec-
tion
(B) Branch Circuit Extensions or Modifica-
tions – Dwelling Units.
This section is hereby repealed.
220.12 Lighting Load for Specified Occu-
pancies
The current exception to Section 220.12 is
hereby repealed and the following is inserted
in lieu thereof:
a. Where the building is designed and con-
structed to comply with an energy code adopt-
ed by the local authority, the lighting load shall
be permitted to be calculated at the values
specified in the energy code.
. . . .
406.4 General Installation Requirements
This section is hereby repealed.
. . . .
14-1D-3: ELECTRICAL CODE BOARD:
A. Board Created: There is hereby created
the Electrical Code Board.
B. Purpose: The purpose of the board is to
determine the suitability of alternative materi-
als and methods of installation, to provide for
reasonable interpretations of the International
Electrical Code, to serve as an appeal body for
the decisions of the building official, and to
advise the city council on all electrical regula-
tions and procedures.
C. Internal Organization And Rules: The
board may adopt rules and regulations to gov-
ern its organizational procedures as may be
necessary and which are not in conflict with
this Code of Ordinances or the Iowa Code.
D. Procedures For Operation: All adminis-
trative, personnel, accounting, budgetary, and
procurement policies of the city govern the
board in all its operations.
E. Membership:
1. The board comprises seven (7) resi-
dents of the city, appointed by the city
council.
2. Residents must be eighteen (18)
years of age or older.
3. Special Qualifications.
a. Six (6) members must have a
background or experience in electri-
cal engineering, electrical contracting,
electrical installation, or electrical
maintenance.
b. One (1) member must be appoint-
ed from the public at-large.
F. Oath: Each person, upon appointment
or reappointment to the board, must execute
an oath of office at the first meeting of the
board following the appointment or reappoint-
ment or at the city clerk’s office any time prior
to the first meeting of the board.
G. Terms: The term of office for members
of the board is three (3) years or until such
member’s successor is appointed and quali-
fied.
H: Vacancies: Vacancies must be filled in
the same manner as original appointments.
I. Officers/Organization: The board must
choose annually a chairperson and vice-
chairperson, each to serve a term of one (1)
Book 145 Regular Session, January 5, 2015 17
year. The chairperson must appoint a secre-
tary, who need not be a member of the board.
The board must fill a vacancy among its offic-
ers for the remainder of the officer’s unexpired
term.
J. Meetings:
1. Regular Meetings. The board must
meet bi-monthly.
2. Special Meetings. Special meetings
may be called by the chairperson or at
the written request of a majority of the
members.
3. Open Meetings. All meetings must
be called and held in conformance with
the Iowa Open Meetings Law.
4. Attendance. a. In the event a mem-
ber of the board has been absent for
three (3) or more consecutive meetings
of the board, without being excused by
the chairperson, such absence will be
grounds for the board to recommend to
the city council that the position be de-
clared vacant and a replacement ap-
pointed.
b. Attendance must be entered upon
the minutes of all meetings.
5. Minutes. A copy of the minutes of
all regular and special meetings of
the board must be filed with the city
council within ten (10) working days
after each meeting, or by the next
regularly scheduled city council meet-
ing, whichever is later.
6. Quorum. Four (4) members of the
board constitute a quorum for the
transaction of business. The affirma-
tive vote of a majority of the members
present and voting is necessary for
the adoption of any motion or resolu-
tion.
K. Compensation: Members serve without
compensation, provided that they may receive
reimbursement for necessary travel and other
expenses while on official board business with-
in the limits established in the city administra-
tive policies and budget.
L. Removal: The city council may remove
any member for cause upon written charges
and after a public hearing.
M. Powers: The board has the following
powers, duties, and responsibilities:
1. Any person who is aggrieved by a
decision of the building official on any
requirements resulting from the en-
forcement of this Code of Ordinances
may appeal from such decision to the
board and the board will serve as an
appeal board. In case the aggrieved
party is a member of the board, that
member is disqualified as a member
of the board acting as an appeal
board until the appeal has been
heard and a decision rendered.
The appeal must be made by the
person aggrieved giving written notice
of such appeal to the building official
within seven (7) days of receipt of the
decision from which the appeal is
taken. The board, sitting as an appeal
board, must meet within ten (10)
business days after receiving such
notice and render a decision within
five (5) business days after the hear-
ing. The decision of the board is final
unless appealed to the district court
as provided by law.
The board, after hearing an appeal, has
the authority to:
a. Uphold the decision of the building
official.
b. Reverse or modify the decision of
the building official but only on finding
that the building official incorrectly in-
terpreted the provision of this Code.
c. Limitations of Authority. The board
has no authority to interpret the ad-
ministrative provisions of this Code of
Ordinances nor is the board empow-
ered to waive any requirements of
this Code of Ordinances. In modifying
or reversing a decision of the building
official, the board may authorize an
alternative material or method of con-
struction, provided the Board finds
the proposed material or method of
construction is satisfactory for the use
intended and complies with the provi-
sions of this Code of Ordinances and
that the material or method is, for the
purpose intended, at least equivalent
to that prescribed by this Code of Or-
dinances in suitability, strength, effec-
tiveness, durability, and safety.
All appeals must be conducted in accord-
ance with the procedures specified in this
Code of Ordinances.
Section 2. Nothing herein effects the term
of any person serving as a member of the
board as of the effective date of this Ordi-
nance.
Section 3. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 5th day
of January, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald on
the 9th day of January, 2015.
/s/Trish L. Gleason, Assistant City Clerk
6. Update on Bee Branch Creek Restora-
tion Project: City Engineer Gus Psihoyos is
providing an update regarding the proposed
construction schedule for the Upper Bee
Branch Creek Restoration Project. Motion by
Jones to receive and file. Seconded by Braig.
18 Regular Session, January 20, 2015 Book 145
Civil Engineer Deron Muehring and Bee
Branch Project Communication Specialist Kris-
ten Hill provided a staff report and slide
presentation. Motion carried 7-0.
7. Property Acquisition - 400 East 22nd
Street (Deconstruction Project): City Manager
recommending approval to deconstruct 400 E.
22nd Street as required for the construction of
the Bee Branch Creek Restoration Project.
Motion by Lynch to receive, file and approve
the documents. Seconded by Braig. Motion
carried 7-0.
8. "River Boat Bench" Agreement -
Shawna Lipper: City Manager recommending
approval to present agreement to Shawna
Lipper. Motion by Braig to receive, file and
approve the City Manager presenting the
agreement to Shawna Lipper. Seconded by
Connors. Motion carried 6-1 with Lynch voting
nay.
9. Request to Schedule Convention & Visi-
tors Bureau Budget Work Session: City Man-
ager requesting that the City Council schedule
a work session on the Dubuque Area Conven-
tion & Visitors Bureau Budget for February 2,
2015 at 5:30 p.m. Motion by Connors to re-
ceive and file the documents and set the work
session as recommended. Seconded by Braig.
Motion carried 7-0.
PUBLIC INPUT
Jacob Long, 4604 Cardinal Dr., spoke re-
garding his concerns about the laws that gov-
ern the Public Input section of the agenda.
There being no further business, upon mo-
tion the City Council adjourned at 8:38 p.m.
/s/Trish L. Gleason, CMC
Assistant City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on January 20, 2015 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol (via phone), Mayor
Pro Tem Braig; Council Members Connors,
Jones, Lynch, Resnick, Sutton; Assistant City
Manager Steinhauser, City Attorney Lindahl
Mayor Pro Tem Braig 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.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7-0.
1. Minutes and Reports Submitted: Arts
and Cultural Affairs Advisory Commission of
9/30/14, 11/18/14, and 10/21/14; Cable TV
Commission of 12/03/14; Human Rights
Commission of 12/18/14; Long Range Plan-
ning Advisory Commission of 12/17/14; Zoning
Advisory Commission of 1/7/15; Zoning Board
of Adjustments of 12/18/14; City Council Pro-
ceedings of 1/5/14; Proof of Publication for
City Council Proceedings of 12/15/14. Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Claim by A-1
Taxi Service for vehicle damage; Claim by
Brian Jacobson submitted by First Financial
Asset Management for vehicle damage; Claim
by Lloyd Droessler submitted by Rural Mutual
Insurance for vehicle damage; Mullen vs. City
of Dubuque Suit. Upon motion the documents
were received, filed and referred to the City
Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Brian Jacobson for vehicle damage,
Queck Capital for vehicle damage. Upon mo-
tion the documents were received, filed and
concurred.
Book 145 Regular Session, January 20, 2015 19
4. Harvard Kennedy School Innovations in
American Government - Round Two: City
Manager recommending submittal of the 2014
Round Two Supplemental Application Infor-
mation to the Harvard Kennedy School for
Innovations in American Government Award.
Upon motion the documents were received,
filed and approved.
5. Certified Local Government (CLG) Grant
Agreement - Eagle Point Park: City Manager
recommending approval of the CLG Grant
Agreement with the State Historic Preservation
Office, in order to prepare a nomination to the
National Register of Historic Places and to
conduct a Phase 1 Archeological Survey for
Eagle Point Park. Upon motion the documents
were received and filed and Resolution No. 11-
15 Authorizing a CLG Grant-in-Aid-Agreement
with the State Historical Society of Iowa to
prepare an Intensive Survey and Evaluation
and National Register of Historic Places Nomi-
nation for Eagle Point Park was adopted
6. Interactive Kiosks - Catfish Creek Wa-
tershed Management Authority Phase II Grant:
City Manager recommending approval of pur-
chase of interactive kiosks for the Catfish
Creek Watershed Management Authority’s
Phase II Grant, and to reject the bids from
outside consultants to develop the kiosks. Up-
on motion the documents were received, filed
and approved.
7. Sustainable Dubuque Community Grant
Recommendations: City Manager recommend-
ing approval of funding the recommended
grant applications. Upon motion the docu-
ments were received, filed and approved.
8. Continuing Disclosure Policy: City Man-
ager recommending adoption of the Continu-
ing Disclosure Policy to comply with the Fed-
eral Securities Laws. Upon motion the docu-
ments were received, filed and approved.
9. Final Plat for Siegert's Place Fifth Addi-
tion: Zoning Advisory Commission recom-
mending approval of the Final Plat for Siegert’s
Place Fifth Addition. Upon motion the docu-
ments were received and filed and Resolution
No. 12-15 Approving the Final Plat of Siegert’s
Place Fifth Addition in the City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 12-15
APPROVING THE FINAL PLAT OF
SIEGERT’S PLACE FIFTH ADDITION IN THE
CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk the Final Plat of Siegert’s Place Fifth
Addition in the City of Dubuque, Iowa; and
Whereas, said Final Plat has been exam-
ined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Final Plat has been exam-
ined by the City Council and they find that it
conforms to the statues and ordinances relat-
ing to it.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Final Plat of Siegert’s
Place Fifth Addition is hereby approved, and
the Mayor and City Clerk are hereby author-
ized and directed to endorse the approval of
the City of Dubuque, Iowa upon said Final
Plat, subject to the following conditions:
1. William A. and Janet L. Siegert
(Siegerts), owners of the property in Siegert’s
Place Fifth Addition (the Siegert Property),
have entered into a purchase agreement with
Richardson Investments (Richardson) for the
purchase of Lot 3 in Siegert’s Place Fifth Addi-
tion. Siegerts and Richardson acknowledge
that there is no access to Lot 3. It is anticipat-
ed that the Iowa Department of Transportation
will construct a frontage road which will pro-
vide access to Lot 3. Siegerts and Richardson
agree that the City of Dubuque by approving
the Final Plat of Siegert’s Place Fifth Addition
assumes no responsibility of any kind for
providing any access to Lot 3, and Siegerts
and Richardson, jointly and severally, agree to
defend, indemnify and hold the City of Dubu-
que harmless from and against any and all
claims of any kind arising out of or relating to
access or lack of access to Lot 3.
2. Siegerts and Richardson acknowledge
that the existing farm access to the Siegert
Property in Siegert’s Place Fifth Addition from
U.S. Highway 20 may be eliminated in connec-
tion with the reconstruction of U.S. Highway
20. By not later than June 1, 2016, Siegerts
and Richardson will provide the City of Dubu-
que with an executed copy of an easement
agreement providing access to the Siegert’s
property over and across Lot 3. Siegerts and
Richardson agree that the City of Dubuque by
approving the Final Plat of Siegert’s Place Fifth
Addition assumes no responsibility of any kind
for providing any access to Siegert’s property,
and Siegerts and Richardson, jointly and sev-
erally, agree to defend, indemnify and hold the
City of Dubuque harmless from and against
any and all claims of any kind arising out of or
relating to access or lack of access to Siegert’s
property.
Passed, approved and adopted this 20th
day of January, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
20 Regular Session, January 20, 2015 Book 145
ACCEPTANCE OF RESOLUTION NO. 12-15
We, the undersigned, William A. and Janet
L. Siegert, property owners, and Chad Rich-
ardson, representing Richardson Investments,
purchaser, having read the terms and condi-
tions of the foregoing Resolution and being
familiar with the conditions thereof hereby ac-
cept the same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 16th day of
January, 2015.
/s/William A. Siegert
/s/Janet L. Siegert
/s/Chad Richardson, Richardson Investments
10. Property Acquisition - 1980 Rockdale
Road: City Manager recommending ac-
ceptance of the deed to property located at
1980 Rockdale Road owned by Ruth A Willis.
Upon motion the documents were received
and filed and Resolution No. 13-15 Accepting
the Deed to certain real estate in the City of
Dubuque, Iowa from Ruth A. Willis was adopt-
ed.
RESOLUTION NO. 13-15
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE IN THE CITY OF DUBUQUE, IOWA
FROM RUTH A. WILLIS
Whereas, the City of Dubuque entered into
an Agreement on January 5, 2015, with Ruth
A. Willis for the purchase of the following de-
scribed real property in Dubuque County, Io-
wa:
TRACT I.
Lot 2 of Lot 1 of Lot 7 of Mineral Lot 501 in
the City of Dubuque, Iowa according to the
recorded plat thereof.
TRACT II.
Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Lot 2 of Lot 7 of Mineral Lot 501 in the City of
Dubuque, Iowa according to the recorded Plat
thereof
Locally known as 1980 Rockdale Road.
And Whereas, the terms of the Agreement
have now been met.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The City of Dubuque hereby ac-
cepts the Warranty Deed from Ruth A. Willis
attached hereto.
Section 2. The City Clerk is hereby author-
ized and directed to record this Resolution and
the Warranty Deed with the Dubuque County
Recorder.
Passed, approved and adopted this 20th
day of January, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl City Clerk
11. Jule Transit Facility Roof & Sprinkler Re-
pair Project Acceptance: City Manager rec-
ommending acceptance of the construction
contract for The Jule Facility Roof Repair Pro-
ject, as completed by Bel Aire Home Im-
provement, and acceptance of the construction
contract for The Jule Facility Sprinkler Repair
Project, as completed by Continental Fire &
Sprinkler. Upon motion the documents were
received and filed and Resolution No. 14-15
Accepting the Jule Transit Facility Roof Repair
Project and authorizing the payment of the
contract amount to the contractor; and Resolu-
tion No. 15-15 Accepting the Jule Transit Facil-
ity Sprinkler Repair Project and authorizing the
payment of the contract amount to the contrac-
tor were adopted.
RESOLUTION NO. 14-15
ACCEPTING THE JULE TRANSIT FACILITY
ROOF REPAIR PROJECT AND AUTHORIZ-
ING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Jule Transit Facility Roof Repair Project
(the Project) has been completed and the con-
sulting 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
consulting engineer recommends that the Pro-
ject be accepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the
consulting engineer is approved and the Pro-
ject is hereby accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the Pub-
lic Transit Infrastructure Grant (PTIG) for the
contract amount of $147,957.80 less any re-
tained percentage provided for therein as pro-
vided 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 20th
day of January, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 15-15
ACCEPTING THE JULE TRANSIT FACILITY
SPRINKLER REPAIR PROJECT AND AU-
THORIZING THE PAYMENT OF THE CON-
TRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Jule Transit Facility Sprinkler Repair
Project (the Project) has been completed and
the consulting engineer has examined the
work and filed a certificate stating that the Pro-
ject has been completed according to the
terms of the Public Improvement Contract and
Book 145 Regular Session, January 20, 2015 21
that the consulting engineer recommends that
the Project be accepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the
consulting engineer is approved and the Pro-
ject is hereby accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the Pub-
lic Transit Infrastructure Grant (PTIG) for the
contract amount of $56,875.00 less any re-
tained percentage provided for therein as pro-
vided 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 20th
day of January, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
12. Water & Resource Recovery Center
Wild Flower Planting Project Acceptance: City
Manager recommending acceptance of the
Water & Resource Recovery Center Wild
Flower Planting Project by Nauman Nursery,
Inc. Upon motion the documents were re-
ceived and filed and Resolution No. 16-15
Accepting the Water & Resource Recovery
Center Wild Flower Planting Project and au-
thorizing the payment to the contractor was
adopted.
RESOLUTION NO. 16-15
ACCEPTING THE WATER & RESOURCE
RECOVERY CENTER WILD FLOWER
PLANTING PROJECT AND AUTHORIZING
THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract
for the Water & Resource Recovery Center
Wild Flower Planting Project (the Project) has
been completed has been completed by the
Contractor, Nauman Nursery, Inc. (Contrac-
tor), the City Engineer has examined the work
and recommends that the Project be accepted;
and
Whereas, the final contract amount for the
Project is $25,911.00; and
Whereas, the Contractor has previously
been paid $24,615.45, leaving a balance of
$1,295.55; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $1,295.55 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved and adopted this 20th
day of January, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE WATER & RE-
SOURCE RECOVERY CENTER WILD
FLOWER PLANTING PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa hereby certifies that he has
inspected the Water & Resource Recovery
Center Wild Flower Planting Project, and that
said Project has been performed in compli-
ance with the terms of the Public Improvement
Contract, and that the total cost of the com-
pleted work is $25,911.00.
Dated this 20th day of January, 2015.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 20th
day of January, 2015.
/s/Kevin S. Firnstahl, City Clerk
13. Signed Contracts: Conlon Construction
Change Order #3 for the Dubuque Intermodal
Transportation Center. Upon motion the doc-
ument was received and filed.
14. 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. 17-15 Approving
applications for beer, liquor, and/or wine per-
mits, as required by City of Dubuque Code of
Ordinances Title 4 Business and License Reg-
ulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits
was adopted.
RESOLUTION NO. 17-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements of the Code of Ordinances.
22 Regular Session, January 20, 2015 Book 145
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Dollar General Store #10074, 2400 Gateway
Dr., Class C Beer, Class B Wine (Sunday)
Dollar General Store #6896, 605 W Locust St.,
Class C Beer, Class B Wine (Sunday)
Dollar General Store #7289, 3250 Kennedy Cir
Ste 9, Class C Beer, Class B Wine (Sun-
day)
Fife's, 1113 Main St., Class C Liquor
Mario's Italian Restaurant, 1298 Main St.,
Class C Liquor
Pizza Hut #4690, 2075 J. F. Kennedy Rd.,
Class B Beer (Sunday)
Pizza Hut #4691, 320 E 20th St., Class B Beer
(Sunday)
New
Brazen Open Kitchen Bar, 955 Washington St.
Ste101, Class C Liquor
Passed, approved and adopted this 20th
day of January, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Jones. Motion carried 7-0.
1. FY 2016 Community Development Block
Grant (CDBG) Annual Action Plan: City Man-
ager recommending that a public hearing be
set for February 10, 2015 in conjunction with
the Housing & Community Development De-
partment’s budget hearing, regarding the re-
view of the Community Development Block
Grant Annual Action Plan. Upon motion the
documents were received and filed and Reso-
lution No. 18-15 Setting a Public Hearing on
the fiscal year 2016 (program year 2015)
Community Development Block Grant (CDBG)
Annual Action Plan was adopted setting a pub-
lic hearing for a meeting to commence at 6:30
p.m. on February 10, 2015 in the Historic Fed-
eral Building.
RESOLUTION NO. 18-15
SETTING A PUBLIC HEARING ON THE
FISCAL YEAR 2016 (PROGRAM YEAR
2015) COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) ANNUAL ACTION PLAN
Whereas, the City of Dubuque has,
through a series of public meetings and hear-
ings, finalized a Fiscal Year 2016 (Program
Year 2015) Community Development Block
Grant Annual Action Plan addressing both
housing and non- housing needs in the com-
munity; and
Whereas, copies of the draft Fiscal Year
2016 (Program Year 2015) CDBG Annual Ac-
tion Plan will be available for public comment
for 30 days prior to City Council action; and
Whereas, the City's Community Develop-
ment Advisory Commission has reviewed and
recommended adoption of the Annual Action
Plan.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council will meet
in the Historic Federal Building, Council
Chambers, 2nd Floor, 350 West 6th Street,
Dubuque, Iowa at 6:30 p.m. on February 10,
2015 for the purpose of holding a public hear-
ing and taking action on the Fiscal Year 2016
(Program Year 2015) Community Develop-
ment Block Grant Annual Action Plan.
Section 2. That the City Clerk be and he is
hereby authorized and directed to publish a
notice of such public hearing and the City
Council’s intent to review and take action on
the Fiscal Year 2016 (Program Year 2015)
Community Development Block Grant Annual
Plan.
Passed, approved and adopted this 20th
day of January, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. SRF Green Alley Bid Set 3 Year 2: City
Manager recommending that a public hearing
be set for February 16, 2015, regarding the
initiation of the public bidding process for the
SRF Green Alley Bid Set 3 – Year 2 Project.
Upon motion the documents were received
and filed and Resolution No. 19-15 Preliminary
Approval of Plans, Specifications, Form of
Contract, and Estimated Cost; Setting Date of
Public Hearing on Plans, Specifications, Form
of Contract, and Estimated Cost; and Ordering
the Advertisement for Bids; Resolution No. 20-
15 Approving the Plats, Schedule of Assess-
ments and Estimate of Total Cost for the SRF
Green Alley Bid Set 3 - Year 2 Project; Resolu-
tion No. 21-15 of Necessity for the SRF Green
Alley Bid Set 3 - Year 2 Project; and Resolu-
tion No. 22-15 Fixing Date of Public Hearing
on Resolution of Necessity were adopted set-
ting a public hearing for a meeting to com-
mence at 6:30 p.m. on February 16, 2015 in
the Historic Federal Building.
Book 145 Regular Session, January 20, 2015 23
RESOLUTION NO. 19-15
SRF GREEN ALLEY
BID SET 3 YEAR 2 PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the SRF Green
Alley Bid Set 3 – Year 2 Project in the estimat-
ed amount $1,723,730.11, are hereby prelimi-
narily approved and ordered filed in the office
of the City Clerk for public inspection.
A public hearing will be held on the 16th
day of February, 2015, 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 cir-
culation 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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The SRF Green Alley Bid Set 3 – Year 2
Project is hereby ordered to be advertised for
bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements herein provided, by publishing the
attached Notice to Bidders to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published not less than four but not more than
forty-five days before the date for filing bids
before 2:00 p.m. on the 19th day of February,
2015. 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 2nd day of March, 2015, in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 20th
day of January, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION 20-15
APPROVING THE PLATS, SCHEDULE OF
ASSESSMENTS AND ESTIMATE OF TOTAL
COST FOR THE SRF GREEN ALLEY BID
SET 3 - YEAR 2 PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plats, schedule of as-
sessments, and estimate of total cost for the
SRF Green Alley Bid Set 3 – Year 2 Project
are hereby approved.
Passed, approved and adopted this 20th
day of January, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 21-15
RESOLUTION OF NECESSITY FOR THE
SRF GREEN ALLEY BID SET 3 - YEAR 2
PROJECT
Whereas, the plat, schedule of assess-
ments, and estimate of total cost for the SRF
Green Alley Bid Set 3 – Year 2 Project have
been duly prepared and approved by the City
Council of the City of Dubuque and ordered
placed on file in the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The SRF Green Alley Bid Set 3 - Year 2
Project will provide: Reconstruction of Seven
(7) alleys using interlocking concrete pavers
Reconstruction of the pavement surface
with interlocking concrete pavers.
Installation of concrete pavement to hold
bricks in place.
Installation of concrete street headers
and driveway headers
Installation of ADA detectible warning
panels and miscellaneous sidewalk at al-
ley crossings.
Reconstruction of the Sanitary Sewer in
two alleys
Replacement of 10 lead water services
with copper water services. Replacement
of 73 sanitary sewer laterals
There is on file in the office of the City
Clerk an estimated total cost of the work, and
a preliminary plat and schedule showing the
amount proposed to be assessed to each lot
for the improvement.
The date, time, and place the council will
hear property owners subject to the assess-
ment and interested parties for or against the
improvement, its cost, the assessment, or the
boundaries of the district:
That the City Council deems it advisable
and necessary for the public welfare to make
the herein mentioned improvements.
Unless a property owner files objections
with the City Clerk at the time of hearing on the
resolution of necessity, the property owner is
24 Regular Session, January 20, 2015 Book 145
deemed to have waived all objections pertain-
ing to the regularity of the proceeding and the
legality of using the special assessment pro-
cedure.
Said improvements shall be constructed in
accordance with the plans and specifications
which have been approved by the City Council
and are now on file in the Office of the City
Clerk. The cost of making such improvement
will be assessed against property lying with the
assessment limits.
The above resolution was introduced, ap-
proved and ordered placed on file with the City
Clerk this 20th day of January, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 22-15
FIXING DATE OF PUBLIC HEARING ON
RESOLUTION OF NECESSITY
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary ap-
proval to the plat, schedule of assessments,
and estimated total cost for the SRF Green
Alley Bid Set 3 – Year 2 Project and ordered
the plat, schedule of assessments, and esti-
mate of total cost placed on file in the Office of
the City Clerk; and
Whereas, the proposed Resolution of Ne-
cessity for Project has been introduced and is
now on file in the Office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Council will meet on the 16th day
of February, 2015, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa. at
which time the owners of property subject to
assessment for the proposed improvement or
any other person having an interest in the mat-
ter may appear and be heard for or against the
making of the improvement, the boundaries of
the district, the cost, the assessment against
any lot, or the final adoption of a resolution of
necessity.
A property owner will be deemed to have
waived all objections unless at the time of
hearing the property owner has filed objections
with the City Clerk.
The City Clerk be and is hereby authorized
and directed to cause a notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published once each week for two consecutive
weeks, the first publication of which shall be
not less than ten days prior to the day fixed for
its consideration.
Passed, adopted and approved this 20th
day of January, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
3. SRF Green Alley Project Bid Set 6 Year 1:
City Manager recommending that a public
hearing be set for February 16, 2015, regard-
ing the initiation of the public bidding process
for the SRF Green Alley Bid Set 6 – Year 1
Project. Upon motion the documents were
received and filed and Resolution No. 23-15
Preliminary Approval of Plans, Specifications,
Form of Contract, and Estimated Cost; Setting
Date of Public Hearing on Plans, Specifica-
tions, Form of Contract, and Estimated Cost;
and Ordering the Advertisement for Bids; Res-
olution No. 24-15 Approving the Plats, Sched-
ule of Assessments and Estimate of Total Cost
for the SRF Green Alley Bid Set 6 - Year 1
Project: Resolution No. 25-15 Resolution of
Necessity for the SRF Green Alley Bid Set 6 -
Year 1 Project; and Resolution No. 26-15 Fix-
ing Date of Public Hearing on Resolution of
Necessity were adopted setting a public hear-
ing for a meeting to commence at 6:30 p.m. on
February 16, 2015 in the Historic Federal
Building.
RESOLUTION NO. 23-15
SRF GREEN ALLEY
BID SET 6 YEAR 1 PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the SRF Green
Alley Bid Set 6 – Year 1 Project in the estimat-
ed amount $364,665.35, are hereby prelimi-
narily approved and ordered filed in the office
of the City Clerk for public inspection. A public
hearing will be held on the 16th day of Febru-
ary, 2015, at 6:30 p.m. in the Historic Federal
Building Council Chambers at which time in-
terested persons may appear and be heard for
or against the proposed plans and specifica-
tions, 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 pub-
lished in a newspaper having general circula-
tion 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 con-
tract, or estimated cost of the Project.
The SRF Green Alley Bid Set 6 – Year 1
Project is hereby ordered to be advertised for
bids for construction.
Book 145 Regular Session, January 20, 2015 25
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements herein provided, by publishing the
attached Notice to Bidders to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published not less than four but not more than
forty-five days before the date for filing bids
before 2:00 p.m. on the 19th day of February,
2015. 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 2nd day of March, 2015, in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 20th
day of January, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 24-15
APPROVING THE PLATS, SCHEDULE OF
ASSESSMENTS AND ESTIMATE OF TOTAL
COST FOR THE SRF GREEN ALLEY BID
SET 6 - YEAR 1 PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plats, schedule of as-
sessments, and estimate of total cost for the
SRF Green Alley Bid Set 6 – Year 1 Project
are hereby approved.
Passed, approved and adopted this 20th
day of January, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 25-15
RESOLUTION OF NECESSITY FOR THE
SRF GREEN ALLEY BID SET 6 - YEAR 1
PROJECT
Whereas, the plat, schedule of assess-
ments, and estimate of total cost for the SRF
Green Alley Bid Set 6 – Year 1 Project have
been duly prepared and approved by the City
Council of the City of Dubuque and ordered
placed on file in the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The SRF Green Alley Bid Set 6 - Year 1
Project will provide: Reconstruction of
Four (4) alleys using interlocking con-
crete pavers
Removal of existing alley pavement
Excavation of the subgrade to allow the
placement of clean washed stone for a
storage medium
Reconstruction of the pavement surface
with interlocking concrete pavers. Instal-
lation of concrete pavement to hold
bricks in place.
Installation of concrete street headers
and driveway headers
Installation of ADA detectible warning
panels and miscellaneous sidewalk at al-
ley crossings.
There is on file in the office of the City
Clerk an estimated total cost of the work, and
a preliminary plat and schedule showing the
amount proposed to be assessed to each lot
for the improvement.
The date, time, and place the council will
hear property owners subject to the assess-
ment and interested parties for or against the
improvement, its cost, the assessment, or the
boundaries of the district:
That the City Council deems it advisable
and necessary for the public welfare to make
the herein mentioned improvements.
Unless a property owner files objections
with the City Clerk at the time of hearing on the
resolution of necessity, the property owner is
deemed to have waived all objections pertain-
ing to the regularity of the proceeding and the
legality of using the special assessment pro-
cedure.
Said improvements shall be constructed in
accordance with the plans and specifications
which have been approved by the City Council
and are now on file in the Office of the City
Clerk. The cost of making such improvement
will be assessed against property lying with the
assessment limits.
The above resolution was introduced, ap-
proved and ordered placed on file with the City
Clerk this 20th day of January, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 26-15
FIXING DATE OF PUBLIC HEARING ON
RESOLUTION OF NECESSITY
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary ap-
proval to the plat, schedule of assessments,
and estimated total cost for the SRF Green
Alley Bid Set 6 – Year 1 Project and ordered
the plat, schedule of assessments, and esti-
mate of total cost placed on file in the Office of
the City Clerk; and
Whereas, the proposed Resolution of Ne-
cessity for Project has been introduced and is
now on file in the Office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Council will meet on the 16th day
of February, 2015, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa. at
26 Regular Session, January 20, 2015 Book 145
which time the owners of property subject to
assessment for the proposed improvement or
any other person having an interest in the mat-
ter may appear and be heard for or against the
making of the improvement, the boundaries of
the district, the cost, the assessment against
any lot, or the final adoption of a resolution of
necessity.
A property owner will be deemed to have
waived all objections unless at the time of
hearing the property owner has filed objections
with the City Clerk.
The City Clerk be and is hereby authorized
and directed to cause a notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published once each week for two consecutive
weeks, the first publication of which shall be
not less than ten days prior to the day fixed for
its consideration.
Passed, adopted and approved this 20th
day of January, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the
Council regarding their application to the fol-
lowing board/commission:
Mediacom Charitable Foundation: One, 1
year term through December 31, 2015 (Ex-
pired term of Twining). Applicant: Connie Twin-
ing, 421 N. Booth St.
PUBLIC HEARING(S)
Motion by Connors to remove from the ta-
ble. Seconded by Jones. Motion carried 7-0.
Upon motion the rules were suspended to
allow anyone present to address the City
Council on the following item.
1. Black Hills Energy Corporation Fran-
chise Amendment (Tabled from January 5,
2015): Public Hearing on an Ordinance
Amending City of Dubuque Code of Ordinanc-
es 11-4-23 Authorizing the City Council To
Impose a Franchise Fee On The Sale of Natu-
ral and Mixed Gas by Black Hills/Iowa Gas
Utility Company, LLC d/b/a Black Hills Energy
and City Manager recommending approval.
Motion by Jones to reconvene the public hear-
ing, 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 6-1 with Resnick voting
nay.
Motion by Connors for final consideration
and passage of Ordinance No. 2-15 Amending
City of Dubuque Code of Ordinances Sec. 11-
4-23: Franchise Fee, Authorizing the City
Council to Impose a Franchise Fee Not to Ex-
ceed Three Percent (3%) on the Gross Reve-
nue Generated From the Distribution and Sale
of Natural Gas or Mixed Gas By Black
Hills/Iowa Gas Utility Company, LLC D/B/A
Black Hills Energy Within the City of Dubuque,
by Increasing Such Authority to Five Percent
(5%). Seconded by Jones. Motion carried 6-1
with Resnick voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 2-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES SEC. 11-4-23: FRANCHISE
FEE, AUTHORIZING THE CITY COUNCIL TO
IMPOSE A FRANCHISE FEE NOT TO EX-
CEED THREE PERCENT (3%) ON THE
GROSS REVENUE GENERATED FROM THE
DISTRIBUTION AND SALE OF NATURAL
GAS OR MIXED GAS BY BLACK
HILLS/IOWA GAS UTILITY COMPANY, LLC
D/B/A BLACK HILLS ENERGY WITHIN THE
CITY OF DUBUQUE, BY INCREASING
SUCH AUTHORITY TO FIVE PERCENT (5%)
Whereas, City of Dubuque Ordinance No.
43-93 (City of Dubuque Code of Ordinances
Title 11, Chapter 4), adopted by the City
Council on the 19th day of July, 1993, granted
to Peoples Natural Gas Company, its succes-
sors and assigns (hereinafter referred to col-
lectively as the Company), nonexclusive au-
thority for a period of twenty-five (25) years to
maintain and operate its gas distribution sys-
tem within the limits of the city of Dubuque;
and
Whereas, Black Hills/Iowa Gas Utility
Company, LLC d/b/a Black Hills Energy is a
successor to Peoples Natural Gas Company;
and
Whereas, Ordinance No. 43-93, now Code
of Ordinances §11-4-23, provides that the City
Council may impose a franchise fee not to
exceed three percent (3%) of the gross reve-
nue of the Company generated from the sale
of natural and mixed gas within the city of
Dubuque; and
Whereas, the City Council has determined
that it is in the best interests of the City of
Dubuque to increase the authority for such
franchise fee to five percent (5%).
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordi-
nances § 11-4-23 is hereby amended to read
as follows:
11-4-23: FRANCHISE FEE
A. The city council may impose a franchise
fee not to exceed five percent (5%) of the
Book 145 Regular Session, January 20, 2015 27
gross revenue of the company generated from
the sale of natural and mixed gas within the
city.
1. For purposes of this section gross reve-
nue shall include in addition to revenue from
direct sales of natural or mixed gas to custom-
ers, the gross revenue derived by the compa-
ny from the transmission, transportation or
distribution of natural or mixed gas sold to cus-
tomers by suppliers other than the company
through the company's distribution system
within the city.
2. Any franchise fee imposed by the city
shall be a direct charge to customers to the
extent required by the Iowa Utilities Board.
B. The Company shall on the fifteenth day
of each month, provide to the city manager in
a form reasonably acceptable to the city man-
ager records establishing the gross revenue
from the sale or transportation of natural and
mixed gas by the Company within the city of
Dubuque for the preceding month and shall
pay the fee to the city within thirty (30) days
following the last day of the preceding month.
C. Any rebate of franchise fees which may
have been available under any prior amend-
ment or ordinance which was not paid prior to
July 1, 2013, is declared void and any claim for
any such rebate shall not be honored or paid
by the city.
D. If for any reason the time and manner of
collecting, or any aspect of the franchise fee, is
challenged by or before the Iowa utilities
board, Company shall promptly give notice to
city and the Company shall, in any case, dili-
gently and continuously exercise its efforts to
sustain said fee and payments and the time
and manner of its collection. If at any time the
Iowa utilities board, or any other authority hav-
ing proper jurisdiction, prohibits the city from
imposing the franchise fee called for herein,
the Company will no longer be obligated to
collect and pay the franchise fee herein.
City shall have access to and the right to
examine, during normal business hours, Com-
pany's books, receipts, files, records and doc-
uments as is reasonably necessary to verify
the accuracy of payments due hereunder; pro-
vided, that City shall not exercise such right
more than twice per calendar year. If it is de-
termined that a mistake was made in the pay-
ment of any franchise fee required hereunder,
such mistake shall be corrected promptly upon
discovery such that any under- payment by
Company shall be paid within thirty (30) days
of recalculation of the amount due, and any
over-payment by Company shall be deducted
from the next payment of such franchise fee
due by such Company to City; provided, that
neither party shall have the obligation to cor-
rect a mistake that is discovered more than
one
(1) year after the occurrence thereof. The
city agrees to save harmless the Company, its
employees or agents from and against all
claims, demands, losses and expenses arising
out of the collection of the franchise fee from
the Company's customers or in remitting the
franchise fee amounts collected to the city;
provided, however, that the city shall not be
required to save harmless the Company from
claims, demands, losses and expenses arising
out of the negligence of the Company, its em-
ployees or agents.
E. The amount billed by the Company for
the sale of natural gas or mixed gas to its cus-
tomers may be adjusted for any net write off of
uncollectible accounts and corrections of bills
theretofore rendered, and past or future fran-
chise fees remitted to the city may be adjusted
accordingly by the Company to reflect the law-
ful or necessary correction to billing and collec-
tion from its customers for natural gas sold
within the corporate limits of the city.
F. Within ten (10) days of the date of this
ordinance, the City shall provide the Company
with a map of its corporate limits (the "Map").
The Map shall be of sufficient detail to assist
Company in determining whether its custom-
ers reside within the City's corporate limits.
The Map along with Company's Geographic
Information System (GIS) mapping information
shall serve as the sole basis for determining
Company's obligation hereunder to collect and
pay the franchise fee from customers; provid-
ed, however, that if the City's corporate limits
are changed by annexation or otherwise, it
shall be the City's sole responsibility to (a)
update the Map so that such changes are in-
cluded therein, and (b) provide the updated
Map to the Company. Company's obligation to
collect and pay the franchise fee from custom-
ers within an annexed area shall not com-
mence until the later: (a) of sixty (60) days
after such Company's receipt from the city of
an updated Map including such annexed area,
or (b) such time after such Company's receipt
from the City of an updated Map including
such annexed area as is reasonably neces-
sary for Company to identify the customers in
the annexed area obligated to pay the fran-
chise fee. City shall indemnify Company from
claims of any nature, including attorney fees,
arising out of or related to the imposition and
collection of the franchise fee. In addition,
Company shall not be liable for collecting fran-
chise fees from any customer originally or
subsequently identified, or incorrectly identi-
fied, by City or by Company as being subject
to the franchise fee or being subject to a dif-
ferent level of franchise fees or being exempt
from the imposition of franchise fees.
The city shall provide copies of annexation
ordinances to the Company on a timely basis
to ensure appropriate franchise fee collection
28 Regular Session, January 20, 2015 Book 145
from customers within the corporate limits of
the city.
G. The invalidity or unenforceability of any
provision of this Ordinance shall not affect the
validity or enforceability of any other provision
of this Ordinance, which shall remain in full
force and effect.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted the 20th
day of January, 2015.
/s/Karla A. Braig, Mayor Pro tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald on
the 23rd day of January, 2015.
/s/Kevin S. Firnstahl, City Clerk
ACEPTANCE
The forgoing ordinance amending the
Franchise Agreement is hereby accepted by
Black Hills/Iowa Gas Utility Company, LLC
d/b/a Black Hills Energy on this 20th day of
January, 2015.
/s/Laura Roussell, External Affairs Manager
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Kunkel & Associates, Inc. - Urban Revi-
talization Area Plan: City Manager recom-
mending approval of the Urban Revitalization
Plan for the Kunkel and Associates Urban Re-
vitalization Area, Lot 6, Block 2 of Dubuque
Technology Park, and the adoption of the ordi-
nance establishing the Kunkel and Associates
Urban Revitalization Area. Motion by Lynch to
receive and file the documents and adopt
Resolution No. 27-15 Approving the Adoption
of an Urban Revitalization Plan for the Kunkel
& Associates Urban Revitalization Area. Se-
conded by Resnick. Motion carried 7-0.
RESOLUTION NO. 27-15
APPROVING THE ADOPTION OF AN UR-
BAN REVITALIZATION PLAN FOR THE
KUNKEL & ASSOCIATES URBAN REVITAL-
IZATION AREA
Whereas, the City Council of the City of
Dubuque (the City), Iowa on October 20, 2014,
approved Resolution No. 327-14, a resolution
of finding that the economic development of
Lot 6 Block 2 of Dubuque Technology Park in
the City of Dubuque, Iowa according to the
recorded plat thereof known as the Kunkel and
Associates Urban Revitalization Area is nec-
essary in the interest of the welfare of the resi-
dents of the City, and the property meets the
criteria for Urban Revitalization as defined in
Section 403.17 of the Code of Iowa, 2014; and
Whereas, on November 3, 2014 the City
reviewed a proposed Urban Revitalization Plan
(the Plan) for the Kunkel and Associates Ur-
ban Revitalization Area, and scheduled, by
Resolution No, 342-14, a public hearing to be
held on December 15, 2014 on the proposed
adoption of the Plan; and
Whereas the City ordered the City Clerk to
publish, at least once, not less than thirty days
prior to the public hearing notice of said hear-
ing in the manner provided in Section 362.3 of
the Code of Iowa, and cause notice of said
hearing to be given by ordinary mail at the last
known addresses of the owners of record of
Lot 6 Block 2 of Dubuque Technology Park in
the City of Dubuque, Iowa according to the
recorded plat thereof; and
Whereas, the City Clerk published the no-
tice of public hearing on November 7, 2014
and gave the notice to the property owners by
ordinary mail at least thirty days prior to the
public hearing; and
Whereas, the City has held the required
public hearing, and has not received a valid
petition requesting a second public hearing
within thirty days after the public hearing held
on December 15, 2014.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Urban Revitalization Plan for Lot 6
Block 2 of Dubuque Technology Park in the
City of Dubuque, Iowa according to the rec-
orded plat thereof, known as the Kunkel and
Associates Urban Revitalization Area is hereby
approved.
Passed and approved this day of 20th Day
of January, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
Motion by Jones to receive and file the
documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Lynch. Motion car-
ried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 5-15 Amending City
of Dubuque Code of Ordinances Title 3, Reve-
nue and Taxation, Chapter 2 Revitalization
Areas, by Adopting a New Section 10 Kunkel
and Associates, Establishing the Kunkel and
Associates Urban Revitalization Area, and
Establishing Requirements for Qualifying
Property Owners. Seconded by Lynch. Motion
carried 7-0.
Book 145 Regular Session, January 20, 2015 29
OFFICIAL PUBLICATION
ORDINANCE NO. 5-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 3, REVENUE AND
TAXATION, CHAPTER 2 REVITALIZATION
AREAS, BY ADOPTING A NEW SECTION 10
KUNKEL AND ASSOCIATES, ESTABLISH-
ING THE KUNKEL AND ASSOCIATES UR-
BAN REVITALIZATION AREA, AND ES-
TABLISHING REQUIREMENTS FOR QUAL-
IFYING PROPERTY OWNERS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordi-
nances Title 3, Chapter 2 is hereby amended
by adding the following:
3-2-10: Kunkel and Associates:
The area hereinafter described is hereby
designated as the Kunkel and Associates Ur-
ban Revitalization Area in accordance with the
code of Iowa:
Lot 6 Block 2 of Dubuque Technology
Park in the City of Dubuque, Iowa ac-
cording to the recorded plat thereof.
B. The Kunkel and Associates Urban Revi-
talization Plan as attached to this ordinance is
hereby adopted and approved and the proper-
ties within said described area shall be subject
to the provisions of said plan.
C. The Kunkel and Associates Urban Revi-
talization Plan shall hereafter be on file in the
city clerk's office, City Hall, Dubuque, Iowa.
D. Additional requirements: In order to
qualify for the tax abatement program estab-
lished in the plan, the property owner must
create ten (10) new full-time jobs in the Kunkel
and Associates Urban Revitalization Area with-
in 5 years of approval of the property owner’s
application by the City Council for tax abate-
ment. If the property owner fails to create all
such jobs within such five-year period, the
property owner must provide a refund of all
taxes abated to the County Treasurer within
sixty (60) days after the end of such 5-year
period for distribution to the governing bodies
affected by the abatement of such taxes in the
amount of the lost taxes of each such govern-
ing body.
E. Certification: To assist City in monitoring
the job creation requirement of Par. D, a duly
authorized officer of the property owner shall
certify to City the number of full-time equiva-
lent jobs employed at the above described
property on the fifth anniversary of the date of
approval of the property owner’s application for
tax abatement.
Section 2. This ordinance takes effect upon
publication,
Passed, approved and adopted the 20th day of
January, 2015.
/s/Karla A. Braig, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald on
the 23rd day of January, 2015.
/s/Kevin S. Firnstahl, City Clerk
2. Code of Ordinances Amendment (UDC)
- SW Arterial Development Moratorium: City
Manager recommending approval of the Ordi-
nance to remove the property included in the
Final Plat of Siegert’s Place Fifth Addition from
the Southwest Arterial Corridor Moratorium
area. 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 car-
ried 7-0.
Motion by Connors for final consideration
and passage of Ordinance No. 6-15 Amending
Dubuque Code of Ordinances, Title 16 Unified
Development Code, Chapter 11 Land Subdivi-
sion, Section 16-11-2 Applicability By Amend-
ing the Moratorium. Seconded by Jones. Mo-
tion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 6-15
AMENDING DUBUQUE CODE OF ORDI-
NANCES, TITLE 16 UNIFIED DEVELOP-
MENT CODE, CHAPTER 11 LAND SUBDI-
VISION, SECTION 16-11-2 APPLICABILITY
BY AMENDING THE MORATORIUM
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordi-
nances Section 16-11-2 is amended to read as
follows:
Section 16-11-2: Applicability:
…..
C. Southwest Arterial Corridor Subdivision
Review: A proposed plat that divides any par-
cel within the Southwest Arterial Corridor into
two (2) or more lots, and any preliminary plat
within the Southwest Arterial Corridor must be
submitted to the City Council for review. No
plat for any subdivision or resubdivision of
property in the Southwest Arterial Corridor, as
delineated on drawings on file in the City
Clerk’s Office, may be approved by the City
Council, from the effective date hereof to July
1, 2015, except for the property within the Fi-
nal Plat of Siegert’s Place Fifth Addition or
where a vested right to the issuance of such
approval accrued prior to the effective date
hereof.
…..
Section 2. This ordinance shall take effect
upon publication.
30 Regular Session, January 20, 2015 Book 145
Passed, approved and adopted this 20th
day of January, 2015.
/s/Karla A. Braig, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald on
the 23rd day of January, 2015.
/s/Kevin S. Firnstahl, City Clerk
3. Code of Ordinances Amendment Title
10 - Sledding in City Parks: City Manager rec-
ommending approval of an ordinance amend-
ment that would add designated areas in three
additional parks to allow sledding. Motion by
Jones to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Resnick. Responding to
questions from the City Council, Leisure Ser-
vices Manager Marie Ware stated that other
parks are under consideration as site obstruc-
tions and insurance issues are discussed. Ms.
Ware added that she is not aware of any in-
creased traffic issues at the parks previously
designated for sledding. Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 7-15 Amending
Title 10 Public Ways and Property, Chapter 5
Parks and Recreation, Article B Use Regula-
tions 10-5b-23 Prohibiting Sledding, Downhill
Skiing, Snowboarding or Tobogganing Except
in Certain Designated Areas in Certain City
Parks Adding Additional Parks Where Sled-
ding and Other Snow Activities Are Permitted.
Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 7-15
AMENDING TITLE 10 PUBLIC WAYS AND
PROPERTY, CHAPTER 5 PARKS AND
RECREATION, ARTICLE B USE REGULA-
TIONS 10-5B-23 PROHIBITING SLEDDING,
DOWNHILL SKIING, SNOWBOARDING OR
TOBOGGANING EXCEPT IN CERTAIN DES-
IGNATED AREAS IN CERTAIN CITY PARKS
ADDING ADDITIONAL PARKS WHERE
SLEDDING AND OTHER SNOW ACTIVITIES
ARE PERMITTED
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordi-
nances Title 10, Chapter 5, Article B is
amended to read as follows:
10-5B-23: Sledding and Other Snow Activi-
ties Prohibited
No person may sled or engage in any other
snow activity, including but not limited to,
downhill skiing, snowboarding, tobogganing, or
any other means of descending a hill on snow
or ice, in any park or on any public property
except in areas designated by the City Man-
ager in the following parks, subject to all rules
posted for such sledding or snow activities:
Bunker Hill Golf Course, daylight hours on-
ly
Allison-Henderson Park, daylight hours on-
ly
Gay Park, daylight hours only
Usha Park, daylight hours only
Valentine Park, daylight hours only
Riding inner tubes in a park or on any pub-
lic property is prohibited at all times.
Section 2. This ordinance takes effect upon
publication.
Passed, approved and adopted the 20th
day of January, 2015.
/s/Karla A. Braig, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 23rd day of January, 2015.
/s/Kevin S. Firnstahl, City Clerk
4. Operation: New View Community Action
Agency - Board Membership: Operation: New
View Community Action Agency requesting an
update of City Council representation on its
Board of Directors. (Currently Council Mem-
bers David Resnick and Lynn Sutton). Motion
by Connors to receive and file the document
and reappoint Council Members Resnick and
Sutton. Seconded by Lynch. Motion carried 7-
0.
5. Request for Work Session - Sustainable
Dubuque Quarterly Work Session: City Man-
ager recommending that the City Council
schedule the next quarterly Sustainable Dubu-
que work session for March 16, 2015 at 5:00
p.m. Motion by Lynch to set the work session
as recommended. Seconded by Connors. Mo-
tion carried 7-0.
There being no further business, upon mo-
tion the City Council adjourned at 6:51 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
Book 145 Special Session, February 2, 2015 31
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:30 p.m. on February 2, 2015 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol; Council Members,
Braig Connors, Jones, Lynch, Resnick, Sutton;
City Manager Van Milligen, City Attorney Lin-
dahl
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of conducting a work session on
the Dubuque Area Convention and Visitor Bu-
reau.
WORK SESSION
Dubuque Area Convention and Visitors
Bureau
President and CEO Keith Rahe introduced
staff and provided a slide presentation on the
activities and budget of the Dubuque Area
Convention and Visitors Bureau. Topics in-
cluded:
• Mission Statement
• CVB Organizational Chart
• Board of Directors Membership
• Advisory Committee Membership
• Community Branding
o Marketing Co-op
o Website traffic and key markets data
o Sales – meetings and groups
o Showcasing Dubuque
o Sports & Events
o Special Projects
o Going Forward – FY2016 Media Buy,
inbound/outbound marketing
• Economic Impact
o Data by event and state comparison
o Hotel/Motel tax records/occupancy
o Sales
Group tours, conventions, reun-
ions, and meetings
Sports and events
• Going forward – Upcoming convention,
meetings, group tours, and sports &
events
• Quality of Life
o Arts and Culture - CVB Involvement
o Inclusivity
o Advocacy – Travel Federation of Io-
wa, Legislative priorities, tourism in-
frastructure
• Proposed budget – income, expenses
and marketing
There being no further business, upon motion
the City Council adjourned at 6:18 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
32 Regular Session, February 2, 2015 Book 145
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on February 2, 2015 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol; Council Members
Braig Connors, Jones, Lynch, Resnick, Sutton;
City Manager Van Milligen, City Attorney Lin-
dahl
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.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7-0.
1. Minutes and Reports Submitted: City
Council proceedings of 1/20; Civil Service
Commission of 1/15; Community Development
Advisory Commission of 1/22; Historic Preser-
vation Commission of 1/15; Library Board of
Trustees Update for 12/18/14 and 1/22; Park
and Recreation Commission of 1/13; Sister
City Relationships Advisory Commission of
1/21; Zoning Board of Adjustment of 1/22;
Proof of publication for City Council Proceed-
ings of 1/5; Proof of publication for List of
Claims and Summary of Revenues for Month
Ended 12/31/14. Upon motion the documents
were received and filed.
2. Notice of Claims and Suits: Rose Jo-
hanningmeier for property damage, Brittany
Merz for vehicle damage, Telegraph Herald
newspaper for property damage. Upon motion
the documents were received, filed and re-
ferred to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: A1 Taxi for vehicle damage, Lloyd
Droessler/Rural Mutual Insurance Co. for per-
sonal injury/vehicle damage; Rose Johan-
ningmeier for property damage; Brittany Merz
for vehicle damage; and the Telegraph Herald
for property damage. Upon motion the docu-
ments were received, filed and concurred.
4. Consolidated Local Government (CLG)
Annual Report: City Manager transmitting the
2014 Certified Local Government (CLG) An-
nual Report and recommending City Council
authorization for the Mayor to sign the report.
Upon motion the documents were received,
filed and approved.
5. St. Mary's Church NRHP Historic Dis-
trict: Historic Preservation Commission rec-
ommending that the nomination of the St.
Mary's Catholic Church Historic District be
submitted for consideration by the National
Register of Historic Places. Upon motion the
documents were received, filed and approved.
6. Dubuque Community School District -
SRO Agreement: City Manager recommending
approval of the School Year 2014/2015 School
Resource Officer Agreement between the City
of Dubuque Police Department and the Dubu-
que Community School District. Upon motion
the documents were received, filed and ap-
proved.
7. Dubuque Community School District -
DARE Agreement: City Manager recommend-
ing approval of the School Year 2014/2015
DARE Agreement between the City of Dubu-
que Police Department and the Dubuque
Community School District. Upon motion the
documents were received, filed and approved.
8. Traffic Safety Improvement Agreement:
City Manager recommending authorization for
the Mayor to execute an agreement with the
Iowa Department of Transportation for Traffic
Safety Improvement Program Funding in the
City of Dubuque for the Grandview Avenue at
Loras Boulevard and Grandview Avenue at
University Avenue Intersection Improvements.
Upon motion the documents were received
and filed and Resolution No. 28-15 Approving
the Iowa Department of Transportation
Agreement for Traffic Safety Improvement
Program Funding for the City of Dubuque
Grandview Avenue at Loras Boulevard and
Grandview Avenue at University Avenue Inter-
section Improvements was adopted.
RESOLUTION NO. 28-15
APPROVING THE IOWA DEPARTMENT OF
TRANSPORTATION AGREEMENT FOR
TRAFFIC SAFETY IMPROVEMENT PRO-
GRAM FUNDING FOR THE CITY OF DUBU-
QUE GRANDVIEW AVENUE AT LORAS
BOULEVARD AND GRANDVIEW AVENUE
AT UNIVERSITY AVENUE INTERSECTION
IMPROVEMENTS
Book 145 Regular Session, February 2, 2015 33
Whereas, the increasing growth of traffic
volumes, along with operational and safety
concerns, at Grandview Avenue at Loras
Boulevard and Grandview Avenue at Universi-
ty Avenue Intersection in the City of Dubuque
could be improved by intersection and traffic
signal improvements; and
Whereas, the City of Dubuque has deter-
mined that improvements to this intersection,
as recommended in the East-West Corridor
Connectivity Study of the Grandview Avenue
at Loras Boulevard and Grandview Avenue at
University Avenue as provided by HDR Engi-
neering and Dubuque Metropolitan Area
Transportation Study (DMATS) Long-Range
Transportation Plans, will improve traffic flow;
and
Whereas, the total cost for these improve-
ments is $478,750.00. The Traffic Safety Im-
provement Funding Program will fully fund this
project with no additional City match funds
required.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. That said Traffic Safety Im-
provement Program Funding in the City of
Dubuque for the Grandview Avenue at Loras
Boulevard and Grandview Avenue at Universi-
ty Avenue Intersection Improvements is here-
by approved.
Section 2. That the Mayor be authorized
and directed to execute two copies of said
Agreement for Traffic Safety Improvement
Program Funding in the City of Dubuque for
the Grandview Avenue at Loras Boulevard and
Grandview Avenue at University Avenue Inter-
section Improvements.
Passed, approved and adopted this 2nd day
of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Acceptance of Deed - 2056 Washington
Street: City Manager recommending authoriza-
tion to accept the Quit Claim Deed to property
located at 2056 Washington Street. Upon mo-
tion the documents were received and filed
and Resolution No. 29-15 Approving the ac-
ceptance of a Deed to real estate in the City of
Dubuque owned by Jesseca L. Zaruba was
adopted.
RESOLUTION NO. 29-15
APPROVING THE ACCEPTANCE OF A
DEED TO REAL ESTATE IN THE CITY OF
DUBUQUE OWNED BY JESSECA L. ZA-
RUBA
Whereas, Jesseca L. Zaruba is the owner
of certain real property located at 2056 Wash-
ington Street and legally described as:
Lot 2 of HEART PROJECT PLACE, in the
City of Dubuque, Iowa, according to the rec-
orded Plat thereof; and
Whereas, the City of Dubuque, through its
Housing and Community Development De-
partment, granted the Owner a mortgage for
the purchase and improvement of the Real
Estate; and
Whereas, in consideration for forgiveness
of the balance of the mortgage and in lieu of
foreclosure of the mortgage, the City of Dubu-
que and the Owner mutually agree that the
Owner will convey all right, title and interest in
the Real Estate to the City of Dubuque; and
Whereas, the Owner has voluntarily exe-
cuted a Quit Claim Deed, attached hereto,
conveying the Real Estate to the City of Dubu-
que.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City
of Dubuque, Iowa hereby accepts the Quit
Claim Deed attached hereto.
Section 2. That the City Clerk be and is
hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of
the Dubuque County Recorder, together with a
certified copy of this Resolution.
Section 3. That the City Clerk be and is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved, and adopted this 2nd
day of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. North Cascade Road SW Arterial Pro-
ject Acceptance: City Manager recommending
acceptance of the public improvement con-
struction contract for the North Cascade Road
Bridge Construction Project (Southwest Arteri-
al), as completed by Minnowa Construction,
Inc. Upon motion the documents were re-
ceived and filed and Resolution No. 30-15
Accepting the North Cascade Road Bridge
Construction Project (Southwest Arterial) Iowa
DOT Project No. HDP-2100 (661)--71-31 and
authorizing the payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 30-15
ACCEPTING THE NORTH CASCADE ROAD
BRIDGE CONSTRUCTION PROJECT
(SOUTHWEST ARTERIAL) IOWA DOT PRO-
JECT NO. HDP-2100 (661)--71-31 AND AU-
THORIZING THE PAYMENT OF THE CON-
TRACT AMOUNT TO THE CONTRACTOR
Whereas, the North Cascade Road Bridge
Construction Project (Southwest Arterial), Iowa
DOT Project No. HDP-2100 (661)--71-31 (the
Project) has been completed and the City En-
34 Regular Session, February 2, 2015 Book 145
gineer has examined the work and filed a cer-
tificate stating that the Project has been com-
pleted according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the
City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
Southwest Arterial Capital Improvement ap-
propriation for the contract amount of
$1,459,065.01 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 2nd day
of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. White Street HMA Resurfacing with
Milling Project from 11th to 21st Streets - Pro-
ject Acceptance: City Manager recommending
acceptance of the public improvement con-
struction contract for the White Street HMA
Resurfacing with Milling Project from 11th to
21st Streets, as completed by River City Pav-
ing, a Division of Mathy Construction Compa-
ny. Upon motion the documents were received
and filed and Resolution No. 31-15 Accepting
the White Street HMA Resurfacing with Milling
Project, from 11th to 21st Streets, Iowa DOT
Project No. NHSN-52-2(132)--2R-31 and au-
thorizing the payment of the contract amount
to the contractor was adopted.
RESOLUTION NO. 31-15
ACCEPTING THE WHITE STREET HMA RE-
SURFACING WITH MILLING PROJECT,
FROM 11TH TO 21ST STREET, IOWA DOT
PROJECT NO. NHSN-52-2(132)--2R-31 AND
AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Public Improvement Contract
for the White Street HMA Resurfacing with
Milling Project, from 11th to 21st Street, Iowa
DOT Project No. NHSN-52-2(132)--2R-31 (the
Project) has been completed and the City En-
gineer has examined the work and filed a cer-
tificate stating that the Project has been com-
pleted according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
White Street Pavement Rehabilitation (CIP
3602483), Storm Sewer Catch Basin Re-
placement (CIP 7201081), Traffic Signal Inter-
section Reconstruction (CIP 3001615), and
Water Main Replacement (CIP 7401405) ap-
propriation for the contract amount of
$1,063,771.84 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 2nd day
of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. 2014 Pavement Marking Project Ac-
ceptance: City Manager recommending that
the 2014 Pavement Marking Project costs be
accepted by the City Council and that the
award of the project be officially recorded in
the minutes of the City Council. Upon motion
the documents were received and filed and
Resolution No. 32-15 Accepting the 2014
Pavement Marking Project and authorizing
payment of the contract to the contractor was
adopted.
RESOLUTION NO. 32-15
ACCEPTING THE 2014 PAVEMENT MARK-
ING PROJECT AND AUTHORIZING THE
PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract
for the 2014 Pavement Marking Project (the
Project) has been completed has been com-
pleted by the Contractor, Selco, Inc. (Contrac-
tor), the City Engineer has examined the work
and recommends that the Project be accepted;
and
Whereas, the final contract amount for the
Project is $80,885.87; and
Whereas, the Contractor has previously
been paid $76,841.58, leaving a balance of
$4,044.29; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
Book 145 Regular Session, February 2, 2015 35
of the retainage of $4,044.29 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved and adopted this 2nd day
of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Bee Branch Creek 22nd Street Parking
Lot Project Endorsement: City Manager rec-
ommending approval of a resolution to estab-
lish the City of Dubuque's support for the Up-
per Bee Branch MRT Route Trailhead parking
lot at 22nd and Prince Streets Project. Upon
motion the documents were received and filed
and Resolution No. 33-15 Providing the City's
support for the Upper Bee Branch MRT Route
trailhead parking lot at 22nd and Prince Streets
project and assurance that the improvements
will be maintained following completion of the
project was adopted.
RESOLUTION NO. 33-15
PROVIDING THE CITY’S SUPPORT FOR
THE UPPER BEE BRANCH MRT ROUTE
TRAILHEAD PARKING LOT AT 22ND AND
PRINCE STREETS PROJECT AND ASSUR-
ANCE THAT THE IMPROVEMENTS WILL
BE MAINTAINED FOLLOWING COMPLE-
TION OF THE PROJECT
Whereas, the City of Dubuque requested
Dubuque Metropolitan Area Transportation
Study (DMATS) funding for the Upper Bee
Branch: MRT Route Trailhead parking lot at
22nd and Prince Streets (Trailhead Parking
Project); and
Whereas, $300,000.00 in DMATS funding
was appropriated for the Trailhead Parking
Project as part of the DMATS Fiscal Year
2014-2017 Transportation Improvement Pro-
gram as a Transportation Alternatives Program
(TAP) project, project number STP-E-2100()--
8V-31; and
Whereas, the Iowa Department of Trans-
portation (IDOT) is requesting the completion
of a Request for Transportation Alternatives
Program Funds; and
Whereas, the Request for TAP funding re-
quires the City of Dubuque’s official endorse-
ment of the project and the City’s stated com-
mitment to maintain the improvements for the
intended public use for a minimum of twenty
(20) years following project completion.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Manager is authorized
to sign and submit a Request for Transporta-
tion Improvement Program Funds to the IDOT
for the use of DMATS funding for the Trailhead
Parking Project.
Section 2. That the City Council hereby
provides its written assurance that the Trail-
head Parking Project will be adequately main-
tained for its intended public use for a mini-
mum of twenty (20) years following completion
of the project.
Passed, adopted and approved this 2nd day
of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Smarter Cities Challenge Application:
City Manager approval of the Smarter Cities
Challenge Application to address Community
Health, Air Quality and Asthma and authorize
the Mayor to sign on behalf of the City of
Dubuque. Upon motion the documents were
received, filed and approved.
15. Iowa Department of Transportation:
Communications from the Iowa Department of
Transportation (IDOT) notifying the City that
IDOT proposes to let an HMA resurfacing pro-
ject on U.S. 61 from Lake Eleanor Road to
U.S. 52 and a RCB culvert project on Iowa 32
at the south U.S. 61/U.S. 151 Interchange on
April 21, 2015. Both projects are proposed for
the 2015 construction season. Upon motion
the documents were received and filed.
16. Civil Service Commission: Civil Service
Commission submitted the certified list for the
position of cashier. Upon motion the document
was received, filed and made a Matter of Rec-
ord.
January 15, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of
Iowa, an examination for the position of Cash-
ier was administered on December 17, 2014.
We hereby certify that the individuals listed
below have passed this written examination
and the vacancy for this position should be
made from this list and that this list is good for
two (2) years from above date.
Cashier
1. Cody Egdorf 22. Monica Meissen
2. Gary Rose-Tolstedt 23 .Dawn Swift
3. Roger Coffin 24. Jennifer Welsh
4. Sherry Driscoll 25. Alexandria Bandy
5. Dale Bartels 26. Daniel Craig
6. Stacey Ostrander 27. Lisa Klavitter-Reisen
7. Danielle Beck 28. Brian Leifker
8. Kathryn Heitz 29. Cynthia Petersen
9. Cortney McCarty 30. Susan Voss
10. Adam Reiss 31. Darra Wiencek
11. Kathleen Small 32. Kathy Armbrecht
12. Sabrina Stricker 33. Trevor Blum
13. Cindy Wilharm 34. Dianne Engling
14. Jodie Ball 35 .Paula Hardin
15. Teresa Behnke 36. Courtney Koob
36 Regular Session, February 2, 2015 Book 145
16. Kyle Koch 37. Julie McLaughlin
17. Jill Lyon 38. Cheryl Pregler
18. Julie Roling 39. Amy Sieverding
19. Rifat Sufi 40. Shelby Sweeney
20. Kyleen Thill 41. Stephanie White
21. Connie Kintzle 42. Kathy Wilgenbusch
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
17. International City/County Management
Association (ICMA) International Fellows Pro-
gram 2015 Host Community Application: City
Manager recommending approval of an appli-
cation to the International City/County Man-
agement Association (ICMA) to serve as a
host community for the 2015 International Fel-
lowship exchange. Upon motion the docu-
ments were received, filed and approved.
18. Alcohol Compliance Civil Penalty for
Alcohol License Holder – MoonDog Music:
City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an
alcohol compliance violation for MoonDog Mu-
sic, 806 Wacker Drive. Upon motion the doc-
uments were received, filed and approved.
19. Alcohol and Tobacco License Applica-
tions: City Manager recommending approval of
annual liquor, beer, wine and tobacco license
applications as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 34-15 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. 35-
15 Approving applications for retail ciga-
rette/tobacco sales permits, as required by
Iowa Code 453A.47A were adopted.
RESOLUTION NO. 34-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Awn Stop Mart, Inc., 1998 Jackson St., Class
C Beer
Big 10 Mart, 2100 J.F.K. Rd., Class C Beer,
Class B Wine (Sunday)
Dubuque Religious Center, 923 Main St.,
Class B Wine (Sunday)
Gin Rickeys, 1447 Central Ave., Class C Liq-
uor (Sunday)
Hartig Drug Company#4, 2225 Central Ave.,
Class E Liquor (Sunday)
Hammerheads Bar and Billiards, 2095 Kerper
Blvd., Class C Liquor (Sunday)
Main Street Steak and Chophouse, 342 Main
St., Class C Liquor, Class B Wine, (Cater-
ing) (outdoor) (Sunday)
Northside Bar, 2776 Jackson St., Class C Liq-
uor (Outdoor) (Sunday)
Pusateris, 2400 Central Ave., Class C Liquor
(Sunday)
Town Clock Inn, 799 Town Clock Plaza, Class
C Liquor
New
Road Ranger #5159, 2175 Central Ave., Class
C Beer, Class B Wine (Sunday)
Passed, approved and adopted this 2nd day
of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 35-15
APPROVING APPLICATIONS FOR RETAIL
CIGARETTE/TOBACCO SALES PERMITS,
AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Ciga-
rette/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 oth-
erwise 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 author-
ized and directed to cause to be issued the
following named applicants and locations for
cigarette/tobacco sales permit.
Road Ranger #5159, 2175 Central Ave.
Book 145 Regular Session, February 2, 2015 37
Passed, approved and adopted this 2nd day
of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
1. Asbury Road Pavement Rehabilitation
Project: City Manager recommending initiation
of the public bidding process for the 2015 As-
bury Road Pavement Rehabilitation Project
and further recommends that a public hearing
be set for February 16, 2015. Upon motion the
documents were received and filed and Reso-
lution No. 36-15 Preliminary approval of plans,
specifications, form of contract, and estimated
cost; setting date of public hearing on plans,
specifications, form of contract, and estimated
cost; and ordering the advertisement for bids
was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on Febru-
ary 16, 2015 in the Historic Federal Building.
RESOLUTION NO. 36-15
2015 ASBURY ROAD PAVEMENT REHA-
BILITATION PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the 2015 As-
bury Road Pavement Rehabilitation Project in
the estimated amount $423,155.53, 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 16th
day of February, 2015 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 cir-
culation 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 in-
terested person may appear and file objections
to the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The 2015 Asbury Road Pavement Rehabil-
itation 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 Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements herein provided, by publishing the
attached Notice to Bidders to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than four but not more than
forty-five days before the date for filing bids
before 2:00 p.m. on the 5th day of March,
2015. 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 16th day of March, 2015, in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 2nd
day of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applications to the following
Boards/Commissions were reviewed. Appli-
cants were invited to address the City Council
on their respective appointment.
Community Development Advisory Com-
mission: One, 3 year term through February
15, 2018 (Expired term of Wainwright). Appli-
cant: Thomas Wainwright, 1788 Lori St. Mr.
Wainwright acknowledged his presence from
the gallery.
Sister City Relationship Advisory Commis-
sion: Three, 3 Year terms through February 1,
2018 (Expired terms of Jochum, Lee and
McNamara) Applicants: Jeffrey Jochum, 3750
Aerostar Dr.; Phyllis Lee, 520 South
Grandview Ave.; Patrick McNamara, 381
Moore Hgts. Ms. Lee and Mr. Jochum ad-
dressed the Council on their respective ap-
pointments.
Appointment was made to the following
Commission.
Mediacom Charitable Foundation: One, 1
year term through December 31, 2015 (Ex-
pired term of Twining). Applicant: Connie Twin-
ing, 421 N. Booth St. Motion by Braig to ap-
point Ms. Twinning to a 1-year term through
December 31, 2015. Seconded by Resnick.
Motion carried 7-0.
38 Regular Session, February 2, 2015 Book 145
ACTION ITEMS
1. Code of Ordinances Amendment Title
10 - Allowing Pets in Most City Parks: Parks
and Recreation Commission recommending
an amendment to the City of Dubuque Code of
Ordinances 10-5B-4 to allow dogs and cats in
most park areas, all trails and other depart-
ment areas. Motion by Jones to receive and
file the documents and that the requirement
that a proposed ordinance be considered and
voted on for passage at two Council meetings
prior to the meeting at which it is to be passed
be suspended. Seconded by Braig. Leisure
Services Manager Marie Ware, Police Chief
Mark Dalsing, and Public Health Specialist
Mary Rose Corrigan responded to questions
from the City Council regarding waste stations,
enforcement and citations, and outreach. Mo-
tion failed 5-2 with Braig and Jones voting yay.
Motion by Jones for consideration of the
first reading of a proposed ordinance allowing
Dogs, Cats and Other Domestic Animals in
Parks, Trails, Open Spaces, and Areas. Se-
conded by Braig. Motion failed 5-2 with Braig
and Jones voting yay.
2. Code of Ordinances Amendment Title
10 - Sledding in Parks: City Manager recom-
mending approval of an ordinance amendment
to add designated areas in six additional parks
to allow sledding. The six parks include
Comiskey, Flat Iron, Grant, Orange, Pinard
and Washington Parks. Motion by Jones to
receive and file the documents and that the
requirement that a proposed ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by
Connors. City Manager responded to ques-
tions from the City Council regarding this
choice of parks and signage and stated that
sledding was suspended in parks before
someone was injured allowing for evaluation of
each park before approving them for snow-
related activities. Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 8-15 Amending
Title 10 Public Ways and Property, Chapter 5
Parks and Recreation, Article B Use Regula-
tions 10-5B-23 Prohibiting Sledding, Downhill
Skiing, Snowboarding or Tobogganing Except
in Certain Designated Areas in Certain City
Parks Adding Additional Parks Where Sled-
ding and Other Snow Activities are Permitted.
Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 8-15
AMENDING TITLE 10 PUBLIC WAYS AND
PROPERTY, CHAPTER 5 PARKS AND
RECREATION, ARTICLE B USE REGULA-
TIONS 10-5B-23 PROHIBITING SLEDDING,
DOWNHILL SKIING, SNOWBOARDING OR
TOBOGGANING EXCEPT IN CERTAIN DES-
IGNATED AREAS IN CERTAIN CITY PARKS
ADDING ADDITIONAL PARKS WHERE
SLEDDING AND OTHER SNOW ACTIVITIES
ARE PERMITTED
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordi-
nances Title 10, Chapter 5, Article B is
amended to read as follows:
10-5B-23: Sledding and Other Snow Activi-
ties Prohibited
No person may sled or engage in any other
snow activity, including but not limited to,
downhill skiing, snowboarding, tobogganing, or
any other means of descending a hill on snow
or ice, in any city park or on any city property
except in areas designated by the City Man-
ager in the following parks, subject to all rules
posted for such sledding or snow activities:
• Allison-Henderson Park, daylight
hours only
• Bunker Hill Golf Course, daylight
hours only
• Comiskey Park, daylight hours only
• Flat Iron Park, daylight hours only
• Gay Park, daylight hours only
• Grant Park, daylight hours only
• Orange Park, daylight hours only
• Pinard Park, daylight hours only
• Usha Park, daylight hours only
• Valentine Park, daylight hours only
• Washington Park, daylight hours only
• Riding inner tubes in a park or on any
public property is prohibited at all
times.
Section 2. This ordinance takes effect upon
publication.
Passed, approved and adopted the 2nd day
of February, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 4th day of February, 2015.
/s/Kevin S. Firnstahl, City Clerk
3. Iowa Economic Development Authority
(IEDA) Application - Hirschbach Motor Lines,
Inc: City Manager recommending approval of
the submission of an Iowa Economic Devel-
opment Assistance Contract by Hirschbach
Motor Lines, Inc. to the Iowa Economic Devel-
opment Authority. Motion by Braig to receive
and file the documents and adopt Resolution
No. 37-15 Authorizing the filing of an applica-
tion for state business financial assistance on
behalf of Hirschbach Motors Lines, Inc. Se-
conded by Connors. Motion carried 7-0.
Book 145 Regular Session, February 2, 2015 39
RESOLUTION NO. 37-15
AUTHORIZING THE FILING OF AN APPLI-
CATION FOR STATE BUSINESS FINAN-
CIAL ASSISTANCE ON BEHALF OF
HIRSCHBACH MOTOR LINES, INC.
Whereas, Hirschbach Motor Lines, Inc. has
proposed making a Seven Million Seven Hun-
dred Thousand Dollar ($7,700,000.00) invest-
ment for the redevelopment of a forty-five
thousand square foot (45,000 sq. ft.) office
facility in the City of Dubuque, Iowa ; and
Whereas, the City Council of the City of
Dubuque, Iowa has considered the proposal
and has determined that the proposed project
will contribute to the local economy through
the creation of ninety-nine (99) full-time jobs in
the City; and
Whereas, financial assistance from the Io-
wa Economic Development Authority is de-
signed to assist in the economic development
efforts of local jurisdictions; and
Whereas, the City must provide local
sponsorship on behalf of Hirschbach Motor
Lines, Inc. for its Business Financial Assis-
tance Application with the Iowa Economic De-
velopment Authority; and
Whereas, the Iowa Economic Development
Authority has requested execution of an Eco-
nomic Development Assistance Contract in
order to finalize incentives and document as-
sociated terms for the construction of Hirsch-
bach Motor Lines, Inc.’s headquarters in the
City.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an Application
for participation in the Iowa Economic Devel-
opment Authority’s Financial Assistance Pro-
gram on behalf of Hirschbach Motor Lines,
Inc., a copy of which is attached hereto, is
hereby approved.
Section 2. That a ten (10) year tax incre-
ment financing (TIF) local match identified in
the Application may be provided to Hirschbach
Motor Lines, Inc., subject to further action by
the City Council.
Section 3. That the Mayor is hereby au-
thorized to execute and the City Manager is
hereby directed to submit the Application to
the Iowa Economic Development Authority
together with such other documents as may be
required.
Passed, approved, and adopted this 2nd
day of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Iowa Economic Development Authority
(IEDA) Application - Cottingham & Butler: City
Manager recommending approval of a resolu-
tion authorizing the submission of an Iowa
Economic Development Assistance Applica-
tion on behalf of Cottingham & Butler, Inc. for
the expansion of its operations in Dubuque.
Motion by Lynch to receive and file the docu-
ments and adopt Resolution No. 38-15 Author-
izing the filing of an application for State Busi-
ness Financial Assistance on behalf of Cot-
tingham & Butler. Seconded by Resnick. Mo-
tion carried 7-0.
RESOLUTION NO. 38-15
AUTHORIZING THE FILING OF AN APPLI-
CATION FOR STATE BUSINESS FINAN-
CIAL ASSISTANCE ON BEHALF OF COT-
TINGHAM & BUTLER, INC.
Whereas, Cottingham & Butler, Inc. has
proposed making a One Million Two Hundred
Thousand Dollar ($1,200,000.00) investment
for tenant improvements of a ten thousand
square foot (10,000 sq. ft.) office facility in the
City of Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has considered the proposal
and has determined that the proposed project
will contribute to the local economy through
the creation of ninety (90) full-time jobs in the
City; and
Whereas, financial assistance from the Io-
wa Economic Development Authority is de-
signed to assist in the economic development
efforts of local jurisdictions; and
Whereas, the Iowa Economic Development
Authority has requested execution of an Eco-
nomic Development Assistance Contract in
order to finalize incentives and document as-
sociated terms for the tenant improvements of
Cottingham & Butler, Inc.’s proposed location
at 1000 & 1030 Main Street in the City.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an Application
for participation in the Iowa Economic Devel-
opment Authority’s Financial Assistance Pro-
gram on behalf of Cottingham & Butler, Inc., a
copy of which is attached hereto, is hereby
approved.
Section 2. That the Mayor is hereby au-
thorized to execute and the City Manager is
hereby directed to submit the Application to
the Iowa Economic Development Authority
together with such other documents as may be
required.
Passed, approved, and adopted this 2nd
day of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Fiscal Year 2016 Recommended Budget
Transmittal: City Manager submitting the Fis-
cal Year 2016 Recommended Budget Trans-
mittal Message. The City Manager will make a
presentation. Motion by Connors to receive
and file the documents and listen to the
40 Regular Session, February 2, 2015 Book 145
presentation. Seconded by Jones. The
City Manager provided a slide presentation on
the Fiscal Year 2016 Recommended Budget.
During discussion, the City Council expressed
concern over the Library possibly losing its
accreditation due to reduced hours and the
effect of increases on low-income or poverty-
level residents. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones encouraged citi-
zens to have their children immunized in light
of the recent nationwide Measles outbreak.
Mayor Buol and Council Member Resnick
thanked the snow removal crews for their great
job following the recent snow event.
There being no further business, upon mo-
tion the City Council adjourned at 8:27 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
Book 145 Special Session, February 4, 2015 41
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
Council met in special session at 6:30 p.m.
on February 4, 2015 in the Historic Federal
Building.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Michael Van Milligen
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City depart-
mental Fiscal Year 2016 budgets.
FISCAL YEAR 2016 DEPARTMENTAL
BUDGET REVIEW
Fiscal Year 2016 City departmental budg-
ets were presented by staff from the following
departments:
• Information Services: Information
Services Manager Chris Kohlmann
• City Attorney’s Office (Legal): City At-
torney Barry Lindahl
• City Managers’ Office: Assistant City
Manager Cindy Steinhauser, Assis-
tant City Manager Teri Goodmann,
Sustainable Community Coordinator
Cori Burbach, Neighborhood Devel-
opment Specialist Jerelyn O’Connor,
Personnel Manager Randy Peck,
Budget Officer Jenny Larson, Public
Information Officer Randy Gehl.
• City Council: City Manager Michael
Van Milligen
• City Clerk’s Office: City Clerk Kevin
Firnstahl
• Cable TV Division: Cable TV Coordi-
nator Craig Nowack
Following the City Manager’s Office
presentation: Paul Schultz, 1008 Victoria St.,
addressed the City Council about his concerns
ensuring continuation of the Sustainable
Dubuque brand, the management of enterprise
fund departments, and what he believes is a
misperception that Dubuque as already
achieved sustainability. Mr. Schultz encour-
aged the support of Green Dubuque.
Eric Coffman, 3395 Ashley Lane, request-
ed that the City Council use a percentage of
the forthcoming franchise fees toward energy
efficiency efforts.
Raki Giannakouros, 1640 Lawndale, re-
quested that the City Council fund the Ameri-
Corps position, concurred with Mr. Coffman’s
comments, and stated that a delay in action
regarding a climate action plan will have no
effect on reducing greenhouse gas emissions
by the 2030 deadline.
Chad Oberdoerster, 420 Summit, ques-
tioned the copying and reproduction increase
in the City Manager’s Office budget and sup-
ported the decision package to join the ICMA
and Statistical Analysis Systems program.
There being no further action, upon motion
the City Council adjourned at 9:25 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
42 Special Session, February 5, 2015 Book 145
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
Council met in special session at 6:30 p.m.
on February 5, 2015 in the Historic Federal
Building.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Michael Van Milligen
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City depart-
mental Fiscal Year 2016 budgets.
FISCAL YEAR 2016 DEPARTMENTAL
BUDGET REVIEW
Fiscal Year 2016 City departmental budg-
ets were presented by staff from the following
departments:
Carnegie-Stout Public Library: Library Di-
rector Susan Henricks City Council discussed
budget constraints and issues for retaining the
Library’s accreditation, staffing budget solu-
tions, and how best to use a monetary bequest
left to the Library. Council Member Braig
asked the City Manager if a list of optional
budget cuts could be provided to the Council.
Public Input: Dawna Duff, 305 Jones
Street, expressed her concerns about the im-
pact of shortening the Libraries hours has on
her studies and daycare schedule as well as
the impact on children’s access to books. Jo
Grabow, 2306 Queen Street, expressed her
concerns about shortened Library hours re-
stricting access to programs and resources for
all citizens and reducing educational opportu-
nities. Mary Rae Bragg, 350 Kaufmann Ave-
nue, expressed her concerns about the short-
ened hours also limiting volunteer opportuni-
ties. Lisa Johnson, 206 Southgate Drive, stat-
ed that the extended hours relate to the Third
Grade Level Reading initiative and that stu-
dents rely upon the Library to improve their
skills, and have access to print materials not
otherwise available to lower-income kids.
Planning Services: Assistant Planner Kyle
Kritz and Associate Planner Dave Johnson
Finance Department: Finance Director Ken
TeKippe
Human Rights Department: Human Right
Director Kelly Larson
Airport: Airport Manager Bob Grierson. City
Council discussed options for the landscaping
schedule that may provide savings.
Public Input: Steve Acchinelli, Airport
Commission Chairperson, 3007 Huntington
Drive, stated his concerns about funding for
properly marketing the airport in order that it
remains regionally competitive.
Building Services: Building Services Man-
ager Rich Russell
There being no further business, upon motion
the City Council adjourned at 9:20 p.m.,
/s/Kevin S. Firnstahl, CMC, City Clerk
Book 145 Special Session, February 10, 2015 43
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:30 p.m. on February 10, 2015 in
the Historic Federal Building.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Michael Van Milligen
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City depart-
mental Fiscal Year 2016 budgets.
PUBLIC HEARING
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
1. Community Development Block Grant
(CDBG) FY 2015 (Program Year 2014) Annual
Action Plan: Motion by Jones to receive and
file the documents and adopt Resolution No.
39-15 Adopting the Fiscal Year 2016 (Program
Year 2015) Community Development Block
Grant (CDBG) Annual Action Plan. Seconded
by Lynch. Community Development Specialist
Erica Haugen provided a slide presentation on
the purpose, duties and budget of the Com-
munity Development Block Grant program.
Motion carried 7-0.
Public Input: Michelle Chillook and Lynn
Chillook, 430 Clarke Street, provided a testi-
monial of their success with the Family Self-
Sufficiency Program, Home Owner Workshop
and Voucher Program.
RESOLUTION NO. 39-15
RESOLUTION ADOPTING THE FISCAL
YEAR 2016 (PROGRAM YEAR 2015) COM-
MUNITY DEVELOPMENT BLOCK GRANT
(CDBG) ANNUAL ACTION PLAN
Whereas, the City of Dubuque has,
through a series of public meetings and hear-
ings, finalized a Fiscal Year 2016(Program
Year 2015) Community Development Block
Grant Annual Action Plan addressing both
housing and non-housing needs in the com-
munity; and
Whereas, copies of the draft Fiscal Year
2016 (Program Year 2015) CDBG Annual Ac-
tion Plan have been available for public com-
ment 30 days prior to City Council action; and
Whereas, the City's Community Develop-
ment Advisory Commission has reviewed and
recommended adoption of an Annual Action
Plan following a public hearing; and
Whereas, the City Council has held a pub-
lic hearing on the proposed plan on February
10, 2015 following a 30 day public comment
period and has approved the Fiscal Year 2016
Annual Action Plan on February 10, 2014
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Community Develop-
ment Block Grant Fiscal Year 2016 (Program
Year 2014) Annual Action Plan, attached here-
to as Exhibit A and by this reference made a
part hereof, is hereby adopted.
Section 2. That the Community Develop-
ment Block Grant Fiscal Year 2016 (Program
Year 2014) Annual Action Plan, shall be in-
cluded in the Five Year Consolidated Plan for
the use of Community Development Block
Grant Funds for Fiscal Year 2016-2020.
Section 3. The City Manager is hereby au-
thorized and directed to prepare and submit to
the United States Department of Housing and
Urban Development the Fiscal Year 2016
(Program Year 2015) Annual Action Plan with
all related documents for the use of Communi-
ty Development Block Grant funds based on
this adopted budget and execute standard
contracts and agreements.
Passed, approved and adopted this 10th
day of February 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
FISCAL YEAR 2016 DEPARTMENTAL
BUDGET REVIEW
Fiscal Year 2016 City departmental budg-
ets were presented by staff from the following
departments:
Housing & Community Development De-
partment: Housing and Community Develop-
ment Director Alvin Nash. Responding to
questions from the City Council, City Manager
Van Milligen explained that increased fees
would allow the inspection program to become
self-sustaining instead of drawing from the
City’s General Fund and addressed the impact
of imminent State property tax reforms on
rental properties.
Public Input: Jerry Maro, 10366 Timothy
Street, and President of the Dubuque Land-
lords Association; Joe Callahan, Callahan
Construction, 7629 Commerce Park; Eric
Schulz, 1045 W. 3rd Street; Rosean Wilson,
1570 Seippel Road; and Aiman Al-Qady 605
Bluff Street, all spoke in opposition to the rec-
ommended housing inspection fee increases
44 Special Session, February 16, 2015 Book 145
and the amount of the increase and offered
suggestions. Charles Harris, 2573 Jackson
Street, suggested making the fee adjustments
follow the fiscal year rather than a calendar
year so they fall within the budget process. Mr.
Callahan provided a handout of his calculated
current and proposed fees.
Parking Division: Parking System Supervisor
Tim Horsfield
Transit Division: Operations Supervisor
Jodi Johnson: Council Member Braig voiced
her opposition to the number of part-time bus
drivers.
Public Input: Michael Miyamoto, 1902 Spy-
glass Drive, spoke in favor of the Nightrider
route expressing how helpful it is to college
students. Greg Orwoll, 2635 W. 32nd Street,
and Executive Director of DuRide, provided a
handout of DuRide’s finances and requested
that the City Council reconsider the recom-
mended reduction in funds for DuRide.
Economic Development Department: Eco-
nomic Development Director Maurice Jones.
Public Input: Marina O’Rourke, 2085 Mul-
len Road; Sue Riedel, 282 Kelly’s Bluff; and
Gina Siegert, 408 Southern Avenue, ex-
pressed their concerns about the effect the
recommended reduced funding would have on
the community’s arts organizations, tourism,
and education and requested full funding.
Mayor Buol stated that this issue is similar to
that of the Library and stated that the Council
would attempt to find funding solutions.
There being no further business, upon mo-
tion the City Council adjourned at 9:29 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:15 p.m. on February 16, 2015 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol; Council Members,
Braig, Jones, Lynch, Resnick, Sutton (5:21
p.m.); City Manager Van Milligen, City Attorney
Lindahl
Absent: Council Member Connors
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of conducting a work session on
Inclusive Dubuque.
WORK SESSION
Inclusive Dubuque
Eric Dregne, Vice President of Strategic In-
itiatives for the Community Foundation of
Greater Dubuque; Sarah Harris, Vice Presi-
dent of Workforce Operations for the Greater
Dubuque Development Corporation; and Jes-
sica Rose, Inclusive Dubuque Coordinator,
provided a slide presentation on the activities
of Inclusive Dubuque. Topics included:
• Mission statement / purpose
• History of Inclusive Dubuque
• Progress: staff and communications,
ID Network Partners
• Community Equity Profile: definition,
timeline; data, community dialogues,
community surveys, content special-
ists, increased awareness
• Workforce data and skills analysis
There being no further business, upon mo-
tion the City Council adjourned at 5:55 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
Book 145 Regular Session, February 16, 2015 45
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on February 16, 2015 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol; Council Members,
Braig, Connors (via phone), Jones, Lynch,
Resnick, Sutton; City Manager Van Milligen,
City Attorney Lindahl
Mayor Buol read the call and stated this is
a regular session of the City Council called for
the purpose of conducting such business that
may properly come before the City Council.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion
carried 7-0.
1. Minutes and Reports Submitted: Arts
and Cultural Affairs Advisory Commission of
12/16/14; City Council proceedings of Febru-
ary 2, 4, 5 and 10; Five Flags Civic Center
Advisory Commission of 1/22; Investment
Oversight Advisory Commission of 1/28; Li-
brary Board of Trustees of 12/18/14; Zoning
Advisory Commission of 2/4; Proof of publica-
tion for City Council proceedings of 1/20, Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Steven Klein
for vehicle damage; Carl Noel for property
damage; Rick Willey for vehicle damage; Estal
vs. City of Dubuque for personal injury. Upon
motion the documents were received, filed and
referred to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Steven Klein for vehicle damage; Carl
Noel for property damage; Rick Willey for ve-
hicle damage. Upon motion the documents
were received, filed and concurred.
4. Sustainable Dubuque Project Status
Report: City Manager transmitting the Quarter-
ly Sustainable Dubuque Project Status Report
for January 2015. Upon motion the documents
were received and filed.
5. Quarterly Investment Report for Decem-
ber 31, 2014: City Manager transmitting the
December 31, 2014 Quarterly Investment Re-
port. Upon motion the documents were re-
ceived and filed.
6. Dubuque Regional Airport - New Termi-
nal Entrance Road Project Acceptance and
RISE Grant Closure: City Manager recom-
mending acceptance of the construction con-
tract for the Airport U.S. 61 and New Terminal
Entrance Road Intersection Project as com-
pleted by Flynn Company and RISE grant clo-
sure. Upon motion the documents were re-
ceived and filed and Resolution No. 40-15
Accepting the U.S. 61 and New Terminal En-
trance Intersection Project and closure of the
Revitalize Iowa's Sound Economy (RISE)
Grant was adopted.
RESOLUTION NO. 40-15
ACCEPTING THE US61 AND NEW TERMI-
NAL ENTRANCE ROAD INTERSECTION
PROJECT AND CLOSURE OF REVITALIZE
IOWA’S SOUND ECONOMY (RISE) GRANT
Whereas, the Public Improvement Contract
for the US61 and New Terminal Entrance
Road Intersection Project has been completed
and approved by the Airport Commission; and
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the Air-
port Commission is approved and the Project
is hereby accepted and the RISE grant will be
closed.
Passed, approved and adopted this 16th
day of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Irrevocable License - 1000 Main Street:
City Manager recommending approval of an
Irrevocable License at 1000 Main Street with
1840 LLC to keep an existing encroachment
adjacent to the building in the public right-of-
way on E. 10th Street. Upon motion the docu-
ments were received, filed and approved.
8. Purchase of Land for Right-of-Way - 767
University Avenue: City Manager recommend-
ing approval of the purchase of an abutting
sliver for 767 University Avenue from Anna
Elliott. Upon motion the documents were re-
ceived and filed and Resolution No. 41-15
Approving the acquisition of land owned by
Anna Elliott at 767 University, Abutting Sliver
in the City of Dubuque was adopted.
46 Regular Session, February 16, 2015 Book 145
RESOLUTION NO. 41-15
APPROVING THE ACQUISITION OF LAND
OWNED BY ANNA ELLIOTT AT 767 UNI-
VERSITY, ABUTTING SLIVER IN THE CITY
OF DUBUQUE
Whereas, the City of Dubuque intends to
acquire certain piece of abutting sliver of prop-
erty at 767 University Avenue; and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled for acquisition.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the acquisition of the following legal-
ly described property:
LOT 3 OF LOT 3 OF THE SUBDIVI-
SION OF OUT LOT 738 IN THE CITY
OF DUBUQUE, IOWA ACCORDING
TO THE RECORDED PLAT
THEREOF
At the cost of One Thousand Two Hundred
Dollars ($1,500.00)
Section 2. That the City of Dubuque hereby
approves the acquisition of 767 University,
abutting sliver owned by Anna Elliott at the
cost of One Thousand Five Hundred Dollars
($1,500.00).
Section 3. That the City of Dubuque be and
is hereby authorized to accept a Warranty
Deed from the owner, conveying the owner's
interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 4. That the City Clerk be and is
hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of
the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 5. That the City Clerk be and is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 16th
day of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Property Acquisition - 2300 Jackson
Street: City Manager recommending approval
to purchase a house located at 2300 Jackson
Street from the Dolores A. Walbrun Estate for
rehabilitation and resale. Upon motion the
documents were received and filed and Reso-
lution No. 42-15 Approving the acquisition of
real estate owned by the Dolores A. Walbrun
Estate at 2300 Jackson Street in the City of
Dubuque was adopted.
RESOLUTION NO. 42-15
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY THE DOLORES A.
WALBRUN, ESTATE AT 2300 JACKSON
STREET IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to
acquire certain real estate for the purpose of
rehabbing and reselling to income qualified
households; and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled for acquisition.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the acquisition of the following legal-
ly described property:
Lot 2 of Lot 63 in L.H. Langworthy’s Addi-
tion, according to the recorded plat thereof
At the cost of Ten Thousand Dollars
($10,000.00).
Section 2. That the City of Dubuque hereby
approves the acquisition of 2300 Jackson
Street owned by the Dolores A. Walbrun Es-
tate at the cost of Ten Thousand Dollars
($10,000.00).
Section 3. That the City of Dubuque be and
is hereby authorized to accept a Court Of-
ficer’s Deed on behalf of the Estate of Dolores
A. Walbrun, conveying the property to the City
of Dubuque, Iowa for the herein described real
estate.
Section 4. That the City Clerk be and is
hereby authorized and directed to cause said
Deed to be recorded in the office of the Dubu-
que County Recorder, together with certified
copy of the Resolution.
Section 5. That the City Clerk be and is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 16th
day of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Preliminary Plat - Derby Grange Acres:
Zoning Advisory Commission recommending
approval of the Preliminary Plat for Derby
Grange Acres subject to waiving lot frontage
for Lot 6 and street width requirements for
Country View Drive and Country View Court.
Upon motion the documents were received,
filed and approved.
11. Dubuque Board of Realtors Agree-
ment: City Manager recommending approval
of a three year agreement with the City of
Dubuque’s Housing & Community Develop-
ment Department and the Dubuque Board of
Realtors for the listing of City-owned proper-
ties. Upon motion the documents were re-
ceived, filed and approved.
Book 145 Regular Session, February 16, 2015 47
12. Census Boundary Map Adjustment -
Joint Resolution with the City of Asbury: City
Manager recommending approval of a resolu-
tion that affirms a joint agreement with the City
of Asbury that seeks to correct and resolve
discrepancies between the U.S. Census Bu-
reau’s boundary maps and the actual corpo-
rate limits of Asbury and Dubuque, and re-
questing the U.S. Census Bureau to adjust the
boundary and annexation survey maps. Upon
motion the documents were received and filed
and Resolution No. 43-15 Joint Agreement to
adjust U.S. Census Bureau boundary and an-
nexation survey (BAS) maps along a shared
boundary of the City of Dubuque, Iowa and the
City of Asbury, Iowa was adopted.
RESOLUTION NO. 43-15
JOINT AGREEMENT TO ADJUST U.S.
CENSUS BUREAU BOUNDARY AND AN-
NEXATION SURVEY (BAS) MAPS ALONG A
SHARED BOUNDARY OF THE CITY OF
DUBUQUE, IOWA AND THE CITY OF AS-
BURY, IOWA
Whereas, the City of Dubuque, Iowa and
the City of Asbury, Iowa desire to correct any
and all discrepancies in the depiction of their
respective corporate limits on the U.S. Census
Bureau boundary and annexation survey
(BAS) maps.
NOW THEREFORE, BE IT RESOLVED
JOINTLY BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA AND BY THE
CITY COUNCIL OF THE CITY OF ASBURY,
IOWA:
1. The City of Dubuque hereby affirms the
adjustment to the shared boundary with the
City of Asbury for Area 1 and Area 2 as shown
on Exhibit 1.
2. The City of Asbury hereby affirms the
adjustment to the shared boundary with the
City of Dubuque for Area 1 and Area 2 as
shown on Exhibit 1.
3. The City of Dubuque and the City of As-
bury jointly request that the U.S. Census Bu-
reau boundary and annexation survey (BAS)
maps be adjusted along the shared boundary
of Dubuque and Asbury for Area 1 and Area 2
as shown on Exhibit 1.
Passed, approved and adopted this 16th
day of February, 2015.
Roy D. Buol, Mayor, City of Dubuque, Iowa
Attest: Kevin S. Firnstahl, City Clerk, City of
Dubuque, Iowa
Passed, approved and adopted this 24th
day of February, 2015.
James Adams, Mayor, City of Asbury, Iowa
Attest: Sara Burke, City Clerk, City of Asbury,
Iowa
13. Code of Ordinances - Adoption of Sup-
plement No. 17: City Clerk recommending
adoption of Supplement No. 17 to the City of
Dubuque Code of Ordinances, which codifies
Ordinance Nos. 55-14, 56-14, 57-14, 59-14,
60-14, 64-14, 65-14 and 66-14 as adopted by
the City Council through December 31, 2014.
Upon motion the documents were received
and filed and Resolution No. 44-15 Adopting
Supplement No. 17 to the Code of Ordinances
of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 44-15
ADOPTING SUPPLEMENT NO. 17 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of August 17, 2009,
the City Council, pursuant to Ordinance No.
43-09, readopted the Code of Ordinances of
the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009 the City
Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the
Code of Ordinances and said amendments
have been printed as supplements to the Code
of Ordinances; and
Whereas, Section 380.8 of the Code of Io-
wa provides that supplements, by resolution,
become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 17 of the
Code of Ordinances of the City of Dubuque,
Iowa covering Ordinance Nos. 55-14, 56-14,
57-14, 59-14, 60-14, 64-14, 65-14 and 66-14
as adopted by the City Council through De-
cember 31, 2014.passed by Council and en-
acted through December 31, 2014, 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 Dubu-
que, Iowa.
Passed, approved and adopted this 16th
day of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Alcohol and Tobacco License Renew-
als: City Manager recommending approval of
annual liquor, beer, wine and tobacco license
applications as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 45-15 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. 46-
15 Approving applications for retail ciga-
rette/tobacco sales permits, as required by
Iowa Code 453A.47A were adopted.
48 Regular Session, February 16, 2015 Book 145
RESOLUTION NO. 45-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
El Paisano Grocery Store, 1543 Central Ave.,
Class C Beer
Oky Doky #8 Foods, 535 Hill Street Suite A,
Class C Beer, Class B Wine (Sunday)
Sportsters Pub & Grub, 2600 Central Ave.,
Class C Liquor (Sunday)
The Mad Hatter, 1902 Central Ave., Class C
Liquor (Sunday)
Passed, approved and adopted this 16th
day of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 46-15
APPROVING APPLICATIONS FOR RETAIL
CIGARETTE / TOBACCO SALES PERMITS,
AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Ciga-
rette/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 oth-
erwise 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 author-
ized and directed to cause to be issued the
following named applicants and locations for
cigarette/tobacco sales permit:
Road Ranger #5159, 2175 Central Ave
Passed, approved and adopted this 16th
day of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Jones. Motion carried 7-0.
1. Sale of City-Owned Property - 1318
Jackson Street: City Manager recommending
setting a public hearing for March 2, 2015, for
the purpose of disposing of City-owned real
estate at 1318 Jackson Street to Alison Le-
vasseur and Shane Lenane. Upon motion the
documents were received and filed and Reso-
lution No. 47-15 of Intention to dispose of City-
owned property, specifically, north half o Lot
56 in East Dubuque an Addition to the City of
Dubuque, Iowa according to the recorded plat
thereof - 1318 Jackson Street, was adopted
setting a public hearing for a meeting to com-
mence at 6:30 p.m. on March 2, 2015 in the
Historic Federal Building.
RESOLUTION NO. 47-15
RESOLUTION OF INTENTION TO DISPOSE
OF CITY-OWNED PROPERTY, SPECIFI-
CALLY, NORTH HALF OF LOT 56 IN EAST
DUBUQUE AN ADDITION TO THE CITY OF
DUBUQUE, IOWA ACCORDING TO THE
RECORDED PLAT THEREOF - 1318 JACK-
SON STREET
Whereas, the City of Dubuque has ob-
tained certain real property in connection with
the Washington Neighborhood Revitalize Pro-
ject; and for purpose of its acquisition, rehabili-
tation and re-sale for owner-occupied housing;
and
Whereas, the City received an offer to pur-
chase this property from Alison G. Levasseur
and Shane P. Lenane; and
Whereas, such purpose supports the
Neighborhood Stabilization Program and
Washington Neighborhood Revitalization
strategy as approved by the City Council; and
Whereas, by accepting the selected offer
the City’s objectives of providing homeowner-
ship to an income qualified buyers and rehabil-
itation of a vacated home can be realized.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
intends to dispose of its interest in the follow-
ing legally-described property:
North half of Lot 56 in East Dubuque an
Addition to the City of Dubuque, Iowa ac-
cording to the recorded plat thereof;
Section 2. That the City of Dubuque, Iowa
proposes to dispose of its interest in the above
Book 145 Regular Session, February 16, 2015 49
described real estate to Alison G. Levasseur
and Shane P. Lenane for the sum of $105,000;
Section 3. That the City Clerk is hereby au-
thorized and directed to cause this Resolution
and a notice to be published as prescribed by
Iowa Code Section 364.7 of a public hearing
on the City’s intent to dispose of the foregoing-
described Property, to be held on the 2nd day
of March, 2015, at 6:30 o’clock p.m. at the
Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa.
Passed, approved and adopted this 16th
day of February, 2015.
Roy D Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
BOARDS/COMMISSIONS
1. Review of applications to the following
board/commission. Applicants were invited to
address the City Council regarding their ap-
pointment.
Investment Oversight Advisory Commis-
sion: One, 3-year term through July 1, 2015
(Vacant term of Runde). Applicant: Rachael
Ferraro, 2538 Jackson St.
2. Appointments were made to the follow-
ing board/commissions.
Community Development Advisory Com-
mission: One, 3-year term through February
15, 2018 (Expired term of Wainwright), Appli-
cant: Thomas Wainwright, 1788 Lori St. Motion
by Jones to appoint Thomas Wainwright to a
3-year term through February 15, 2018, Se-
conded by Braig. Motion carried 7-0.
Sister City Relationships Advisory Com-
mission: Three, 3-Year terms through Febru-
ary 1, 2018 (Expired terms of Jochum, Lee
and McNamara) Applicants: Jeffrey Jochum,
3750 Aerostar Dr.; Phyllis Lee, 520 South
Grandview Ave.; Patrick McNamara, 381
Moore Heights. Motion by Braig to appoint
Jeffrey Jochum, Phyllis Lee, and Patrick
McNamara to 3-year terms through February
1, 2018.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
1. Request to Rezone - 1100 Carmel Drive:
Proof of publication on notice of public hearing
to consider approval of a request by the Sis-
ters of Charity BVM / Lakota Group to rezone
property located at 1100 Carmel Drive from R-
1 Single-Family Residential to PUD Planned
Unit Development, and the Zoning Advisory
Commission recommending approval subject
to listing seminary and museum as conditional
uses. Motion by Jones to receive and file the
documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Braig. Sr. Teresa
Hadro, BVM, introduced Mike Jansen of IIW
Surveyors who provided a slide presentation
about the request that included additional clari-
fications of conditional uses and planning for
persons with disabilities. Planning Services
Manager Laura Carstens provided a staff re-
port. Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 9-15 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances Unified Development Code by Reclas-
sifying Hereinafter Described Property Located
at 1100 Carmel Drive from R-1 Single-Family
Residential to PUD Planned Unit Development
with a PR Planned Residential Designation.
Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 9-15
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES UNI-
FIED DEVELOPMENT CODE BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1100 CARMEL
DRIVE FROM R-1 SINGLE-FAMILY RESI-
DENTIAL TO PUD PLANNED UNIT DEVEL-
OPMENT WITH A PR PLANNED RESIDEN-
TIAL DESIGNATION
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter described property from
R-1 Single-Family Residential District to PUD
Planned Unit Development District with a PR
Planned Residential designation, and adopting
a conceptual development plan, a copy of
which is on file with the City Clerk’s Office, for
the property at 1100 Carmel Drive as depicted
in the attached Exhibit A.
Section 2. Attached hereto and made a
part of this zoning reclassification approval is
the Conceptual Development Plan for the
Mount Carmel Planned Unit Development
marked Exhibit A. It is recognized that minor
shifts or modifications to the general plan lay-
out may be necessary and compatible with the
need to acquire workable street patterns,
grades, and usable building sites. The general
plan layout, including the relationship of land
uses to the general plan framework and the
development requirements shall be used as
the implementation guide. The provisions of
the City of Dubuque Unified Development
Code shall apply to the development of the
property included in this Planned Unit Devel-
50 Regular Session, February 16, 2015 Book 145
opment unless specifically regulated by this
Ordinance.
A. Use Regulations
Permitted Uses
1. Cemetery, Mausoleum, Columbari-
um
2. Hospice
3. Housing for the elderly or persons
with disabilities
4. Library
5. Licensed adult day services
6. Multiple-family dwelling*
7. Nursing or convalescence home
8. Parking structure
9. Off-street parking
10. Place of religious exercise or as-
sembly
11. Single-Family Dwelling (detached)*
12. Two-Family Dwelling (duplex)*
13. Townhouse*
14. Limited to Seniors or Persons with
Disabilities
Conditional Uses: Subject to the provisions
of Section 16-8.5 of the Unified Development
Code.
1. Group homes
2. Keeping of horses or ponies
3. Licensed child care center
4. Museum
5. Seminary
Accessory Uses: Subject to provisions of
Section 16-3.8 of the Unified Development
Code.
1. Any use customarily incidental and
subordinate to the principal use it
serves.
2. Detached garage
3. Fence
4. Garage sales
5. Keeping of hens
6. Home-based businesses
7. Non-commercial garden green-
house or nursery
8. Satellite receiving dish
9. Solar collector
10. Sport, recreation or outdoor cook-
ing equipment
11. Storage building
12. Tennis court, swimming pool, or
similar permanent facility
13 Wind turbine (building-mounted)
B. Bulk Regulations
(1) Minimum building and/or garage set-
back from public right-of-way or edge of
pavement
Minimum lot area
Single-Family Residential – 5,000 sq. ft.
Two-Family (duplex) – 5,000 sq. ft.
Townhouse – 1,600 sq. ft./du
Multi-family dwellings – 2,000 sq. ft.
Minimum lot frontage width – 50 ft.
Minimum lot frontage townhouse – 16 ft./du
Maximum building coverage – 40%
Maximum building height
Number of stories - 4
Height – 60 ft.
Minimum yards
Front – 25 ft.(1)
Side(2) – 10 ft.
Rea – 20 ft.
Open Space Requirements
Minimum permeable open space (3)
– 40%
Setback requirements (4)
Internal roadway setbacks (5) – 25 ft.
Site perimeter setback (6) – 25 ft.
Landscape buffer requirements (6)
site perimeter landscape buffer - 25
ft.
(2) Where no lot lines exist, 20 feet of
clearance is required between buildings.
(3) Includes easements, setbacks, wooded
areas, and landscape buffers, internal roadway
setbacks, and parking area landscape, ex-
cludes all hardscape.
(4) Figure 1.2: PUD Setback Requirements
(5) Setback calculated from edge of pave-
ment on private drives.
(6) See Figure 1.3: PUD landscape and
Open Space Requirements.
C. Roadways
The private roadways in this PUD shall
conform to the City of Dubuque Unified Devel-
opment Code and SUDAS as adopted by the
City.
D. Parking
1. Parking Requirements
Parking areas shall accommodate suffi-
cient parking while minimizing impervious sur-
faces and the visual impact of large lots. Park-
ing requirements will follow city standards as
outlined in the City of Dubuque Unified Devel-
opment Code (Section 14-6 Off-Street Parking
Requirements), except for the following uses:
Housing for the elderly or persons
with disabilities: 0.7 spaces per
dwelling unit
Nursing or Convalescence Home:
1 space per 6 beds PLUS 1 space
per 4 employees on the largest
shift
2. All surface parking lots shall be de-
signed to:
Integrate and link existing parking
areas with new parking areas for
improved pedestrian and auto cir-
culation.
Accommodate pedestrian routes
through parking areas to building
entrances.
Accommodate snow removal and
storage.
Book 145 Regular Session, February 16, 2015 51
Comply with City lighting stand-
ards and minimize impact on sur-
rounding properties.
3. All parking structures shall be designed
to:
Comply with City requirements for
vehicular and pedestrian access,
ADA compatibility, safety, lighting
and ventilation.
Clearly identify with signage all
pedestrian and vehicular entranc-
es to parking structures.
Integrate ample floor-to-ceiling
heights to maximize light and visi-
bility, and accommodate a wide
variety of vehicle sizes.
Incorporate where feasible, flat
floors to minimize driver confusion
and maximize light, visibility and
safety.
Integrate into land contour and
grading opportunities to minimize
above grade height and mass
when appropriate.
All parking areas shall comply with the
landscape standards set forth in Section F:
Landscape Standards.
4. Dimensional Requirements
Minimum parking stall dimensions shall be
8.5’ x 18’ with 24’ drive aisles to accommodate
two-way traffic. Accessible parking space re-
quirements shall adhere to standard outlined in
the City of Dubuque Unified Development
Code (Section 14-7 Accessible Parking Space
Requirements).
5. Bicycle Parking
Bicycle parking shall be considered and
placed in safe, convenient locations near build-
ing entrances and comply with Section 16-13-
3.5.1 of the Unified Development Code.
E. Loading and Service Areas
The visual impact of loading and service
areas on a building, site or adjacent sites and
uses should be minimized. Loading and ser-
vice areas are not allowed in the right-of-way
or within any setbacks.
1. All loading and service areas shall be
designed to:
Provide access to a street or alley in a
manner that will create the least possible inter-
ference with through traffic movements. No
curb cut shall exceed 30 feet in width.
2. Accommodate maneuvering space to al-
low vehicles to access and exit the space
without having to make backing movements on
or into a public or private street.
3. Provide fixed lighting that prevents direct
glare of beams onto any other property or
street by the use of luminaire cutoffs. All light-
ing shall be reduced to security levels at all
times of nonuse.
4. Have masonry or other screening mate-
rials that complement materials used on cam-
pus buildings, and that are effective in every
season.
5. Comply with the landscape screening
requirements set forth in Section F: Landscape
Standards.
6. Outside storage of materials, equipment
or trucks shall be kept to a minimum and lo-
cated in areas that are screened from views by
a permanent, solid and year round screening
element. Sharing of loading, trash and utility
areas between buildings shall be considered
for ease of maintenance, to reduce land need-
ed for such functions and to improve the visual
quality of the Campus.
F. Landscape Standards
1. General Description and Intent
The natural character of the site should be
preserved and enhanced as campus land use
changes. Site landscaping will be designed in
a naturalized pattern to complement the bluffs,
ravines, and other natural features of the site,
work with the architectural form of buildings,
provide shade, create outdoor spaces for em-
ployees, residents and visitors, and buffer
parking lots. These landscape standards build
on elements of the City of Dubuque Unified
Development Code to provide landscape re-
quirements for plant material, parkways and
site buffer and parking lot treatments that:
Preserve or enhance the appear-
ance and character of the proper-
ty and its surroundings.
Reduce noise and air pollution,
light glare, soil erosion and solar
heat gain.
Provide buffering between land
uses and zoning districts of differ-
ing intensity.
Promote the preservation of exist-
ing significant vegetation.
Improve the appearance of park-
ing areas and properties abutting
public rights-of-way.
2. Landscape Requirements
Overall Site Landscape Requirements
Minimum permeable open space will be
calculated at 40 percent of the entire site dedi-
cated under review.
Permeable open space calcula-
tions may include easement are-
as, perimeter setbacks, wood-
lands, landscape buffers, internal
roadway setbacks (parkways),
and parking lot landscape.
Minimum site landscape plant quantities
shall be calculated at one plant per unit per
2,000 square feet of site landscape area.
Street trees planted in the park-
way or in the public right-of-way
shall not be counted toward ful-
fillment of the minimum site re-
quirements for number of trees.
52 Regular Session, February 16, 2015 Book 145
Parking lot landscape require-
ments shall not be counted to-
ward fulfillment of the minimum
site requirement for number of
trees.
Existing trees to be retained on
site may be counted toward ful-
fillment of the landscaping re-
quirements.
3. Plant Units
A plant unit is a measurement used to de-
termine the quantity of plant material required
for screening and shading. One plant unit is
comprised of any of the following elements:
One canopy tree
Two under-story or ornamental
trees
Two evergreen trees
Seven shrubs (large or small, de-
ciduous or evergreen)
Plant unit calculations establish the total
quantity of required plant material while allow-
ing the landscape architect flexibility in allocat-
ing and distributing plant material. Existing
plant material protected during construction
may be used to satisfy the plant material re-
quirements provided the type and size of the
plant material meets the plant material stand-
ards and the plant material is not an invasive
or noxious variety.
4. Perimeter Buffer Landscape Require-
ments
Perimeter buffer landscape will help create
a transition from the adjacent residential uses
on the north and west to the campus. Plant
material shall consist of a variety of deciduous
and evergreen trees and shrubs as shown in
Figure 2.1: Typical Perimeter Buffer Planting.
A minimum total of three (3) plant units per
100 linear feet of buffer shall be installed.
Only required access drives and
sidewalks shall break through a
perimeter landscape open space.
Every perimeter buffer landscape
open space shall be designed and
maintained to preserve unob-
structed views of the street and
sidewalk at points of access and
to not interfere with or be dam-
aged by work within any public
utility easement, unless the City
shall determine that no other loca-
tion is reasonably feasible.
5. Parkway Landscape Requirements
A consistently planted parkway will add to
the overall Campus character by providing an
appealing arrival sequence and uniform expe-
rience around, into and through the Campus.
All streets shall include 2 canopy trees per 100
feet of road frontage. These trees may be lo-
cated in closer proximity to each other to cre-
ate clustering or massing of plant material in-
stead of a consistent on-center planting ap-
proach as long as they are located within the
roadway setback, see Figure 2.2: Typical
Parkway Planting.
6. Parking Lot Landscape Requirements
The following are standards for the design
of parking lot interior and perimeter landscape
areas which build upon the standards defined
in the City of Dubuque Unified Development
Code. Figure 2.3: Typical Parking Lot Planting
reflects a minimum treatment for a typical
parking lot.
Parking bays in excess of 11
spaces in length shall provide
landscaped islands at the ends of
each aisle. Parking bays in ex-
cess of 20 spaces in length shall
be divided by intermediate land-
scaped islands, and provide land-
scaped islands at the ends of
each aisle.
A landscaped island for a single
parking bay shall be a minimum of
9 feet wide by 18 feet long and
shall contain the equivalent of two
(2) plant units.
A landscaped island for a double
parking bay shall be a minimum of
9 feet wide by 36 feet long and
shall contain the equivalent of four
(4) plant units.
If the required planting ratio is not
obtainable in a healthy landscape
environment, then the remaining
plant material required by this cal-
culation may be placed in close
proximity of the parking lot. This
additional area should be inte-
grated with the parking lot perime-
ter landscape.
All parking lot landscape areas
shall be protected by raised curbs
with a minimum height of 4 inch-
es.
Except for in swales, the finished
grade (crown) or interior planting
areas shall not be less than 3
inches above curb or pavement.
A landscaped buffer strip shall be
provided along the frontage of all
surface parking areas at least 10
feet wide along the public right-of-
way. The buffer strip shall be
planted with a minimum of 7 plant
units per 100 linear feet of buffer.
Landscaped earth berms and or
decorative walls and fences are
permitted provided they are inte-
grated with the landscape screen-
ing described above. The use of
bio filtration methods of landscape
Book 145 Regular Session, February 16, 2015 53
and drainage design is encour-
aged.
A landscaped buffer strip of at
least seven feet wide shall be
provided along the remaining
sides of all surface parking lots.
The buffer strip shall be planted
with a minimum of 5 plant units
per 100 linear feet.
Prior to planting, all interior areas
shall be excavated to a depth of 3
feet and amended with a soil mix-
ture consisting of 1 part screened
topsoil, 1 part existing topsoil, and
2 parts of organic compost or an
approved equivalent, with the ex-
ception of other soil mixtures as
necessary to accommodate Low
Impact Development features.
This requirement may be waived
upon confirmation by the City
Planner that the pre-existing soil
is suitable for planting and drain-
age, and that no amendments are
necessary.
All landscaped areas that are not
planted in grass shall be finished
with a 3-inch layer of mulch.
7. Intersection Visibility
In accordance with the requirements of the
City of Dubuque Street Tree and Landscaping
on Public Right-of-Way Policy, nothing shall be
erected, placed, planted, or allowed to grow in
such a manner as to impede or obstruct vision
between a height of 3 to 10 feet above the
road crown in areas adjacent to intersecting
streets, drives or alleys. This area is defined
by:
Trees shall be planted at least fifty
(50) feet from the edge of street
intersections, traffic control lights
and stop signs;
at least ten (10)feet from drive-
ways;
and fifteen (15) feet for alleys
Trees shall be planted at least two
feet from the back of curb.
8. Plant Materials
Plant material used to satisfy the standards
of this section shall comply with the following
standards:
Unless otherwise expressly pro-
vided, all plant materials used to
satisfy the requirements of this
section shall meet the following
minimum size requirements:
Plant Type - Minimum Size
Canopy tree - 2-1/2” caliper
Under-story or ornamental tree - 2” caliper
or 8’ height
Evergreen tree - 8’ height
Deciduous shrub - 18” height (small), 30”
height (large)
Evergreen shrub - 24” width
Species of plant material shall re-
quire approval from the City.
Plants installed to satisfy the re-
quirements of this section shall
meet or exceed the plant quality
standards of the most recent edi-
tion of American Standard for
Nursery Stock, published by the
American Association of Nurse-
rymen. Plants shall be capable of
withstanding the extremes of indi-
vidual microclimates.
All required landscape areas not
dedicated to trees, shrubs, or
preservation of existing vegetation
shall be landscaped with grass,
ground cover, or other landscape
treatment, not including sand,
rock, or pavement.
For each plant type associated
with the landscape requirements
of this section, no single plant
species shall represent more than
40% of the total plantings.
Plant material shall be installed so
it relates to the natural environ-
ment and habitat in which it is
placed. Native vegetation shall be
utilized in all instances unless site
conditions or availability of spe-
cies warrant the use of cultivars or
similar materials compatible with
the area.
The scale and nature of land-
scape material should be appro-
priate to the site and structures.
For example, larger scaled build-
ings should be complemented by
larger scaled plants. Plant materi-
al should be selected for its form,
texture, color and concern for its
ultimate growth.
9. Tree Survey and Preservation Plan
As part of any development plan submis-
sion, a tree survey shall be conducted by a
certified arborist. The survey shall delineate
the limits of all vegetated woodland areas on
site. All specimen trees not located in vegetat-
ed woodland areas that measure 8” or greater
at Direct Breast Height (DBH) shall be tagged,
identified and recorded. Based on this tree
survey, all trees in below average or poor con-
dition, of a noxious species, or that measure
less than 8” DBH can be removed from the
property at the discretion of the owner to assist
in providing a healthier growing environment
for the existing tree stands.
The tree inventory shall rate tree condi-
tion and form as follows:
54 Regular Session, February 16, 2015 Book 145
5 – POOR CONDITION: A rating
of 5 shall be given to a tree that
has a significant deadwood, bad
sweep or lean, disease or dam-
age by insect pests or larvae,
lightning damage, split, or other
physical damage.
4 – BELOW AVERAGE CONDI-
TION: A rating of 4 shall be given
to a tree that has some dead-
wood, minor sweep or lean, dis-
torted shape, trunk of bark dam-
age, multiple stems, or poor phys-
ical quality.
3 – FAIR CONDITION: A rating of
3 shall be given to a tree that is
average in condition, form, physi-
cal state, appearance and health.
2 – ABOVE AVERAGE: A rating
of 2 shall be given to a tree that
has little or no damage, sound,
good shape and form, and is good
in overall physical quality.
1 – EXCELLENT CONDITION: A
rating of 1 shall be given to a tree
that is excellent in appearance,
condition and form, balanced
branching and healthy.
The following tree species identified are
considered noxious:
Buckthorn
The following tree species identified are
considered undesirable:
Box Elder
Siberian Elm
White Mulberry
The preservation of existing healthy trees
and natural landscape features on a site is
encouraged. The number of new plant materi-
als may be reduced when existing trees of a
desirable species in a healthy growing condi-
tion are preserved within the area of the pe-
rimeter landscape or open space. Credit for
the preservation of existing trees 8 inches in
caliper (deciduous or 8 feet in height (ever-
green) shall be as follows, but in no instance
shall a developer or property owner receive
greater than a maximum of 50% credit towards
the number of required trees:
Size of Preserved Tree - Tree Credit
1 canopy or under-story tree, 6” to 12”
caliper
1 evergreen tree or multi-stem under-
story tree, 6’-12’ - 3 trees
1 canopy or under-story tree, 12” to 30”
caliper
1 evergreen tree or multi-stem under-
story tree, more than 12’ height - 4 trees
1 canopy tree or under-story tree, more
than 30” caliper - 5 trees
10. Vegetative Woodland Preservation
Wooded areas 2 acres in size or larger, or
groves of trees with 10 or more individual trees
having a diameter of at least 12 inches and a
canopy cover of at least 50 percent of the area
encompassed by the trees shall be delineated
on the submitted plans. Such woodlands shall
have 20% retention protected.
All woodland areas retained must have a
buffer of 50’ from the trunks of trees to be pre-
served, to protect the trees. If the City deter-
mines that a required woodland area cannot
be retained due to site constraints or infra-
structure requirements, replacement trees
must be planted at a rate of one tree for every
200 square feet of woodland removed from the
retention area. When that is not feasible, miti-
gation may take place by planting supple-
mental trees at an off-site woodland approved
by the City.
Exceptions
With the incorporation of Best Manage-
ment Practices (BMPs), Low Impact Develop-
ment practices (LIDs) or other Sustainable
Design practices into the project, the required
landscaping may be reduced or arranged in a
manner that will enhance the design concept
at the discretion of the City of Dubuque.
Considerations shall include the following:
Swales or bio-filters placed in is-
lands or at the perimeter of park-
ing areas, designed to improve
the filtration and quality of storm-
water runoff.
Proposals to modify the type or
quantity of landscape materials
may be allowed in exchange for
the installation of plant species
such as native trees, shrubs,
grass or perennials that will en-
hance the filtering capacity of the
site and promote the use of di-
verse native species.
Proposed swales or filters using a
structural pervious surface may
be used for parking or drive aisles
provided such features are de-
signed to withstand vehicular
loads.
G. ARCHITECTURAL STANDARDS
All buildings shall have a balanced, inte-
grated design theme that strives to incorporate
solid architecture that fits within a Campus-
wide character.
1. Building Scale and Massing
The size and orientation of buildings is crit-
ical to achieving a balanced overall Campus
design. The following items shall be addressed
to achieve appropriate scale and massing.
Rather than single, large building
masses, buildings shall be clus-
tered together where feasible to
promote efficient street/driveway
systems, shared parking, inte-
grated open spaces and pedestri-
an linkages between buildings.
Book 145 Regular Session, February 16, 2015 55
Where feasible, buildings and
main entries shall be located
along the Campus Loop Road to
foster a welcoming pedestrian en-
vironment. In no instance shall a
building’s rear entrance or service
area be oriented towards the
Loop Road or internal access
drives.
Building orientation and design
elements shall encourage overall
visual continuity.
To the greatest extent possible
buildings shall be oriented to take
advantage of natural light view
sheds and passive solar opportu-
nities.
2. Architectural Styles and Building Materi-
als & Colors
Architectural styles should be carefully bal-
anced and coordinated with the style, materi-
als, color and massing of other buildings seen
throughout the Campus.
A balance of proportions and
scale through vertical and hori-
zontal rhythm and facade articula-
tion should be set.
Unarticulated, flat front buildings
are prohibited.
A building’s main entrance should
be clearly defined within the fa-
cade.
Building projections shall be pe-
destrian-scaled and proportional
to the building facade.
Structures should be consistent
with residential scale and articula-
tion, especially on street facing
elevations.
3. Building Materials
A range of acceptable building materials
shall be considered to enhance architectural
interest and Campus character.
All new buildings should be con-
structed with a blend of high quali-
ty materials such as masonry
(brick and stone) and wood. Lim-
ited amount of “glass skin” or
decorative stucco may be consid-
ered if they are considered accent
materials rather than primary ma-
terials. In addition, a limited
amount of cement board siding
may be used in combination with
other approved materials if it is an
accent rather than primary mate-
rial.
Since all future Campus buildings
will be highly visible from roads,
access drives and open space,
architecture should be complete
and wrap all four sides of the
building. Primary building materi-
als used on the front or main
building facade shall be continued
on the side and rear facades.
The number of materials on any
exterior building face should be
limited to no more than three to
avoid clutter and visual overload.
The following building materials shall not
be used as exterior building materials or on
any exterior walls:
Concrete finishes or precast con-
crete panels (tilt wall) that are not
exposed aggregate, hammered,
sandblasted or covered with a
cement-based acrylic coating.
Metal panels with a depth of less
than 1 inch or a thickness less
than US Standard 26 gauge.
Mirrored glass with a reflectance greater
than 40% shall not cover more than 40% of
exterior walls.
4. Building Colors
The use of a limited range of neutral or
natural colors is encouraged. Building colors
shall be compatible with the Campus character
and subtly enhance a building's visual appeal.
Natural colors and complemen-
tary colors shall be used for pri-
mary building facades and roof
forms. Neutral earth tones (beige
to brown), shades of gray, tradi-
tional colors (brick red, dark
green, navy blue) or light, sub-
dued hues are acceptable.
Contrasting accent colors, which
are compatible with the colors
listed above, are acceptable for
secondary facades or accent col-
ors or details.
Primary, bright or excessively bril-
liant colors are prohibited unless
used in very limited applications
for subtle trim accents or specifi-
cally for art/sculptural elements of
a building.
Building facade colors should be
kept to two or three colors or hues
of individual colors. The color of
visible roof forms should also be
considered when selecting colors.
5. Sustainable Design Principles
Best management practices for efficient
and sustainable development shall be taken
into consideration. The following design princi-
ples highlight areas to focus on for future de-
velopment:
Recycled materials.
Local source material acquisition.
Reduced construction waste.
Health conscious building materi-
als and systems.
56 Regular Session, February 16, 2015 Book 145
Energy efficient materials and
systems.
Building rehabilitation.
Stormwater Best Management
Practices.
Vegetative swales, rain gardens
and expanded wetlands
Water recapture systems
Ground water recharge
Low volume irrigation systems
H. SIGN STANDARDS
1. Sign Standards
a. Purpose
The purpose of these sign standards is to
maintain and enhance the aesthetic environ-
ment, maintain pedestrian and traffic safety
and minimize the distractions, hazards and
obstructions caused by signs, and to minimize
the possible adverse effects of signs on near-
by public and private property.
b. Sign Area, Height and Number
The size, height, and number of allowed
signs shall be regulated by Article 15-11.13 of
the Unified Development Code unless further
regulated by the PUD Ordinance.
c. Prohibited Signs
Pylon, rooftop, neon, internally illuminated
awnings, fabric banners, official flags of na-
tions, states, or political subdivisions thereof,
wooden, and electronic message center signs
are prohibited.
d. Sign Lighting
Sign illumination shall comply with the fol-
lowing requirements:
Illumination of a sign within 100
feet of and visible from any prop-
erty zoned Residential shall be
extinguished between the hours
of 11:00 p.m. and 7:00 a.m. every
day.
Traffic signs shall comply with
MUTCD regulations.
e. Location and Scale
Signs shall not obstruct significant
architectural details or elements,
including windows and doorways.
All ground-mounted signs shall be
placed within planting areas that
are coordinated in design for the
overall site.
f. Text and Materials
Text on all signs shall be simple and easy
to read. It is important that all message word-
ing be selected to maximize information being
conveyed while using the most concise vocab-
ulary. A sign with a brief, succinct message is
more user-friendly, and will have a cleaner
look. All directional lettering shall be a mix of
upper and lower case lettering with the first
letter of every word capitalized. Avoid spacing
letters too close together as crowding will
make the sign more difficult to read.
Signs shall be constructed of high-quality,
durable materials. Brick and mortar or natural
stone bases are to be constructed with materi-
als that complement the building architecture.
g. Exceptions
Home address or family name plaques are
excluded from the above requirements.
h. Exterior Graphics or Art
Painting of garage doors with multiple col-
ors or designs is prohibited. All garage doors
shall be one color, with a second color allowed
for accents only.
I. Performance Standards
The development and maintenance of uses
in this PUD District shall be established in con-
formance with the following standards.
1. Platting: Subdivision plats and
improvement plans shall be sub-
mitted in accordance with Article
11. Land Subdivision, of the City
of Dubuque Unified Development
Code.
2. Site Plans: Final site development
plans shall be submitted in ac-
cordance with Article 12 Site
Plans and Article 13 Site Design
Standards prior to construction of
each building and vehicle-related
feature unless otherwise exempt-
ed by Article 12.
3. Storm Water Conveyance: The
developer of each lot shall be re-
sponsible for providing surface or
subsurface conveyance(s) of
storm water from the lot to exist-
ing storm sewers or to flow line of
open drainage ways outside the
lot in a means that is satisfactory
to the Engineering Department of
the City of Dubuque. Other appli-
cable regulations enforced by the
City of Dubuque relative to storm
water management and drainage
shall apply to properties in the
PUD District.
4. Noises: Noises generated within
the PUD District shall be regulat-
ed by Chapter 33, Article IV,
Noises, of the City of Dubuque
Code of Ordinances.
5. Phased construction of buildings
and parking spaces: The con-
struction of off-street parking
spaces may be phased in propor-
tion to the percentage of total
building floor area constructed at
any one time. Ground area set
aside for future parking, loading
spaces or driveways or for park-
ing provided in excess of the min-
imum required number of parking
spaces shall not reduce the mini-
Book 145 Regular Session, February 16, 2015 57
mum required area for open
space.
6. Other Codes and Regulations:
These regulations do not relieve
an owner from other applicable
City, County, State or Federal
Codes, regulations, laws and oth-
er controls relative to the plan-
ning, construction, operation and
management of property in the
PUD District.
J. Transfer of Ownership
Transfer of ownership or lease of property
in this PUD District shall include in the transfer
or lease agreement a provision that the pur-
chaser or lessee acknowledges awareness of
the conditions authorizing the establishment of
the district.
K. Modifications
Any modifications of this Ordinance must
be approved by the City Council in accordance
with zoning reclassification proceedings of
Article 9-5 of the Unified Development Code.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 4. This Ordinance shall take effect
upon publication as provided by law.
Passed, approved and adopted this
16th day of February, 2015.
/s/Roy D. Buol, Mayor:
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of February, 2015.
/s/Kevin S. Firnstahl, City Clerk
2. Request to Rezone - 221 & 250 East 8th
Street and 300 East 9th Street: Proof of publi-
cation on notice of public hearing to consider
approval of a request from the City of Dubuque
to rezone property located at 221 & 250 East
8th Street and 300 East 9th Street from HI
Heavy Industrial to PUD Planned Unit Devel-
opment with a PC Planned Commercial de-
scription; and the Zoning Advisory Commis-
sion recommending approval. Motion by Jones
to receive and file the documents and that the
requirement that a proposed ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by
Resnick. Planning Services Manager Laura
Carstens provided a staff report and spoke on
behalf of the City of Dubuque as applicant. Jeff
Goodman of Goodman Law, PC, of West Des
Moines, on behalf of JELD-WEN Property
Manager Jeff Woolworth; and JELD-WEN em-
ployee Justin [Wherrity] spoke in opposition to
the rezoning. Dan McDonald, Greater Dubu-
que Development Corporation, 900 Jackson
Street, spoke in support of the rezoning. Mo-
tion carried 6-1 with Sutton voting nay.
Motion by Jones for final consideration and
passage of Ordinance No. 10-15 Amending
Title 16, The Unified Development Code of the
City of Dubuque Code of Ordinances by
Amending Ordinance 02-12 Which Established
Regulations for a PUD Planned Unit Develop-
ment District with a Planned Commercial Des-
ignation for the Historic Millwork District PUD
and now Being Amended to Allow for the In-
clusion of 221 & 250 E. 8th Street and 300 E.
9th Street. Seconded by Braig. Motion carried
7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 10-15
AMENDING TITLE 16, THE UNIFIED DE-
VELOPMENT CODE OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
AMENNDING ORDINANCE 02-12 WHICH
ESTABLISHED REGULATIONS FOR A PUD
PLANNED UNIT DEVELOPMENT DISTRICT
WITH A PLANNED COMMERCIAL DESIG-
NATION FOR THE HISTORIC MILLWORK
DISTRICT PUD AND NOW BEING AMEND-
ED TO ALLOW FOR THE INCLUSION OF
221 & 250 E. 8TH STREET AND 300 E. 9th
STREET
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16, the Unified Devel-
opment Code of the City of Dubuque Code of
Ordinances is hereby amended by amending
Ordinance 02-12 and 38-13 which established
regulation for a Planned Unit Development
District with a Planned Commercial District
designation and now being amended to allow
for the inclusion of the following described
property, to wit:
City Lot 415A (10-24-484-009), S 26' of
City Lot 415 (10-24-484-005), City Lots
402, 403, N 25'2" Lot 415, 416 & 416A (10-
24-484-010), Pt of City Lot 509 Pt of 2-4 of
City Lot 509A (10-24-485-001), NW Pt of
Lot 1 Midwest Lumber Co Pl (10-24-490-
001), City Lots 405, 405A, 406, 407, 408,
409, 410, 411, 412, 413, 414 & 2- 417 (10-
24-489-002) highlighted in Exhibit A, and to
the centerline of the adjoining public right-
of-way, all in the City of Dubuque, Iowa.
A. Use Regulations.
The following regulations shall apply to all
uses made of land in the above-described PC
Planned Commercial District:
Principal permitted uses: The following us-
es are permitted in the Historic Millwork District
PUD:
1. Places of religious exercise or assembly.
2. Public, private or parochial school ap-
proved by State of Iowa (K-12).
3. Public or private park, golf course, or
similar natural recreation area.
58 Regular Session, February 16, 2015 Book 145
4. Railroad and public or quasi-public utili-
ty, including substation.
5. Residential use.
6. Housing for the elderly and persons with
disabilities (not identified with (5) above).
7. Noncommercial art gallery.
8. Museum or library.
9. School of private instruction.
10. Private club.
11. General office.
12. Medical office or clinic.
13. Dental or medical lab.
14. Barber or beauty shop.
15. Hotel.
16. Shoe repair.
17. Laundry or drycleaner.
18. Bakery (wholesale or commercial).
19. Retail sales or service.
20. Indoor restaurant.
21. Bar or tavern.
22. Supermarket.
23. Tailoring or alterations.
24. Furniture or home furnishing.
25. Appliance sales or service.
26. Animal hospital or clinic.
27. Laundromat.
28. Furniture upholstery or repair.
29. Artist studio.
30. Photographic studio.
31. Neighborhood shopping center.
32. Business services.
33. Department store.
34. Auditorium or assembly hall.
35. Indoor theater.
36. Bank, savings and loan, or credit union.
37. Indoor amusement center.
38. Vending or game machine sales and
service.
39. Indoor recreation facility.
40. Mail order house.
41. Printing or publishing.
42. Parking structure.
43. Vocational school.
44. Business or secretarial school.
45. Passenger transfer facility.
46. Warehousing and storage facility.
47. Artisan production shop.
Accessory Uses: The following ac-
cessory uses are permitted in the
Historic Millwork District PUD:
1. Any use customarily incidental and sub-
ordinate to the principal use it serves.
2. Boiler system in use as part of an indus-
trial business or use.
3. Outdoor seating as part of an indoor res-
taurant, bar or tavern.
Conditional Uses: The following conditional
uses are permitted in the Historic Millwork Dis-
trict PUD, subject to the provisions of Article 8
of the Unified Development Code that estab-
lishes requirements for application to the Zon-
ing Board of Adjustment for a conditional use
permit, and any other specific conditions listed
below for a conditional use.
1. Drive-in or carry-out restaurant.
2. Drive-up automated bank teller.
3. Vehicle rental.
4. Construction supplies sales and service.
5. Contractor shop or yard.
6. Wholesale sale/distributor.
7. Agricultural supply sales.
8. Lumberyard or building materials.
9. Laboratory for research, development or
engineering, provided that such use complies
with all local, state, and federal regulations
governing hazardous substances, hazardous
conditions, hazardous wastes, and hazardous
materials.
10. Freight transfer facility.
11. Moving or storage facility.
12. Millworking.
13. Manufacture, assembly, repair or stor-
age of electrical or electronic products, com-
ponents or equipment.
14. Manufacture or assembly of musical
instruments; toys; watches or clocks; medical,
dental, optical or similar scientific instruments;
orthopedic or medical appliances; signs or
billboards.
15. Manufacturing, compounding, assem-
bly or treatment of articles or products from the
following substances: clothing or textiles; rub-
ber, precious or semiprecious stones or met-
als; wood; plastics; paper; leather; fiber; glass;
hair; wax; metal; concrete; feathers; fur; cork;
and celluloid or cellulose products.
16. District energy system.
17. Private energy generation facility.
18. Exterior storage.
19. Licensed child care centers, provided
that:
a. Such facility shall supply load-
ing and unloading spaces so as
not to obstruct public streets or
create traffic or safety hazards;
b. All licenses have been issued
or have been applied for and are
awaiting the outcome of the
state’s decision; and
c. Such use shall not be located
within the same structure as any
gas station, bar/tavern, automated
gas station or any facility selling,
servicing, repairing, or renting ve-
hicles.
d. The conditional use applicant
certifies that the premises on
which the licensed child care cen-
ter will be located complies with,
and will for so long as the li-
censed child care center is so lo-
cated, continue to comply with all
local, state and federal regula-
tions governing hazardous sub-
stances, hazardous conditions,
Book 145 Regular Session, February 16, 2015 59
hazardous wastes, and hazard-
ous materials.
e. If the applicant is subject to the
requirements of Section 302 of
the Superfund Amendments and
Reauthorization Act of 1986, as
amended, the Emergency Man-
agement Director shall certify
whether or not the applicant has
submitted a current inventory of
extremely hazardous substances
kept or stored on the premises. If
any such extremely hazardous
substances are kept or stored on
the premises, the applicant shall
also post in a conspicuous place
on the premises a notice indicat-
ing a description of the extremely
hazardous substances, and the
physical and health hazards pre-
sented by such substances.
f. Applicant shall submit an evac-
uation plan for approval by the
City, both written and drawn, that
details where the children will go
in the event of a hazardous mate-
rials incident. The plan shall in-
clude a “house in place” scenario
in which the children can be kept
safely within a room of the build-
ing that has no penetration to the
outside (windows, doors, etc.).
g. Applicant shall submit plans for
approval by the City that indicate
the installation of a main emer-
gency shut-off switch for the heat-
ing, ventilation, and air condition-
ing (HVAC) system to minimize
the infiltration risk of airborne
hazardous materials.
B. Lot and Bulk Regulations.
The following bulk regulations shall apply
in the Historic Millwork District PUD, subject to
the provisions of the Unified Development
Code.
1. Setbacks:
a) Front yard = 0 feet
b) Side yard = 0 feet
c) Rear yard = 0 feet
2. Building Height = no maximum.
3. New Construction Transition. New
construction on the blocks between
12th Street and 11th Street should
transition in scale from the Washing-
ton Neighborhood to the District PUD.
C. Sign Regulations.
The number, size and location of signs in
the Historic Millwork District PUD shall be reg-
ulated in accordance with Exhibit C and all
other applicable regulations of Article 15 of the
Unified Development Code.
1. A comprehensive sign plan is re-
quired as part of the sign permit sub-
mittal for all multi-tenant buildings.
2. Free-standing signs in the District
PUD shall be monument-style signs.
3. The design of signage shall comply
with the Downtown Design Guidelines
for signs. Waiver requests from these
guidelines shall be reviewed by the
Historic Preservation Commission in
accordance with the provisions of Ar-
ticle 10 of the Unified Development
Code.
4. Variance requests from sign re-
quirements established in Article 15
of the Unified Development Code
shall be reviewed by the Zoning
Board of Adjustment in accordance
with provisions of Article 8 of the Uni-
fied Development Code.
5. Off-premise signs are prohibited in
the Historic Millwork District PUD.
D. Performance Standards.
Creation of a viable, equitable, and livable
mixed-use neighborhood in the Historic Mill-
work District PUD that includes residential,
retail, office, commercial, and industrial uses
requires both strategy and flexibility for its sus-
tainability. The development and maintenance
of uses in the Historic Millwork District PUD
conceptually should follow the goals, objec-
tives, and recommendations of the Historic
Millwork District Master Plan, incorporated
herein by reference and on file in the Planning
Services Department. The development and
maintenance of uses in the Historic Millwork
District PUD shall be regulated as follows:
1. Conceptual Development Plan
a. Referenced herein as Section
5. Development Summary of the
Historic Millwork District Master
Plan, and shown on Exhibit B,
on file in the Planning Services
Department, and made a part of
this zoning reclassification by
reference as the Conceptual
Development Plan for the His-
toric Millwork District PUD.
b. It is recognized that minor
shifts or modifications to the
general plan layout may be
necessary and compatible with
the need to acquire workable
street patterns, grades and usa-
ble building sites.
c. The Land Use / Development
Patterns depicted in the Historic
Millwork District Master Plan for
ground floor uses reflect a pre-
dominance of residential uses;
however, for District sustainabil-
ity, these ground floor uses shall
be characterized by a flexible
60 Regular Session, February 16, 2015 Book 145
designation for the Historic Mill-
work District PUD Conceptual
Development Plan as shown in
Exhibit B.
2. Parking Regulations
Off-street parking is not re-
quired as part of the Historic
Millwork District PUD. Off-
street parking spaces may
be provided in a building as
an accessory use, subject to
review and approval under
Building, Fire, and other ap-
plicable City Codes. If a
property owner chooses to
provide surface off-street
parking within the District
PUD, the City Council must
first approve the request and
the following regulations
shall apply:
a. Parking lot design shall com-
ply with the Downtown Design
Guidelines for surface parking
lots.
b.. All vehicle-related features
shall be surfaced with standard
or permeable asphalt, concrete,
or pavers.
c. Curbing and proper surface
drainage of storm water shall be
provided.
d. All parking and loading spac-
es shall be delineated on the
surfacing material by painted
stripes or other permanent
means.
e. The size and design of park-
ing spaces shall be governed by
applicable provisions of the Uni-
fied Development Code en-
forced at the time of develop-
ment of the lot.
f. The number, size, design, and
location of parking spaces des-
ignated for persons with disabili-
ties shall be according to the lo-
cal, state, or federal require-
ments in effect at the time of
development.
1. Parking Structures. Parking struc-
tures (ramps) are allowed in the His-
toric Millwork District PUD subject to
City Council review and the following
standards:
a. Parking structures shall com-
ply with the Downtown Design
Guidelines for parking facilities.
b. The size and design of park-
ing spaces shall be governed by
applicable provisions of the Uni-
fied Development Code en-
forced at the time of develop-
ment.
c. The number, size, design,
and location of parking spaces
designated for persons with dis-
abilities shall be according to
the local, state or federal re-
quirements in effect at the time
of development.
2. Site Lighting
a. Exterior illumination of site
features shall be limited to
the illumination of the follow-
ing:
i.Parking areas, driveways
and loading facilities.
ii.Pedestrian walkway sur-
faces and entrances to
building.
iii.Building exterior.
b. Location and Design
i. All exterior lighting lu-
minaries shall be de-
signed and installed to
shield light from the
luminaries at angles
above 72-degrees from
vertical.
ii. Fixtures mounted on a
building shall not be
positioned higher than
the roofline of the
building.
iii. All electrical service
lines to posts and fix-
tures shall be under-
ground and concealed
inside the posts.
iv. The design of exterior
lighting luminaries shall
comply with the Down-
town Design Guide-
lines for signs. Waiver
requests from these
guidelines shall be re-
viewed by the Historic
Preservation Commis-
sion in accordance with
the provisions of Article
10 of the Unified De-
velopment Code.
3. Open Space
It is the intent of these regulations
that the development of open spaces
(if provided) shall reflect a high quality
of environmental design. The follow-
ing provisions shall apply.
v. Open space plans are re-
quired as part of submittals
for site plan review. Such
plans are to include type,
number and size of pro-
posed plantings, paving and
Book 145 Regular Session, February 16, 2015 61
other open space amenities.
Open space areas shall be
designed in compliance with
Downtown Design Guide-
lines and the Historic Mill-
work District Master Plan.
vi. Within one (1) year following
completion of construction,
or by the date that a building
is issued an occupancy cer-
tificate by the Building Ser-
vices Department of the City
of Dubuque, whichever oc-
curs first, required open
space amenities shall be in-
stalled.
4. Stormwater Management
The developer shall be responsi-
ble for providing stormwater man-
agement in a means that is satis-
factory to the City Engineer and
consistent with the Historic Mill-
work District Master Plan. Sus-
tainable, low impact development
techniques for stormwater man-
agement approved by the City
Engineer will be used where fea-
sible. Other applicable regulations
also enforced by the City Engi-
neer relative to stormwater man-
agement and drainage shall apply
to the subject property.
5. Exterior Trash Collection Areas
a. The storage of trash and de-
bris shall be limited to that pro-
duced by the principal permitted
use and accessory uses of the
lot.
b. All exterior trash collection
areas and the materials con-
tained therein shall be visually
screened from view. The
screening shall be completely
opaque fence, wall or other fea-
ture not exceeding a height of
10 feet measured from the
ground level outside the line of
the screen. Screens built on
sloping grades shall be stepped
so that their top line shall be
horizontal. All exterior entrances
to a screened trash area shall
be provided with a gate or door
of similar design to that of the
screen.
c. Exterior trash collection areas
shall comply with the Downtown
Design Guidelines for service
areas.
6. Exterior Storage
a. Exterior storage is allowed in
the Historic Millwork PUD Dis-
trict. Exterior storage areas shall
comply with the Downtown De-
sign Guidelines for service are-
as.
b. The use of semi-trailers
and/or shipping containers for
storage is prohibited.
7. Final site development plans shall
be submitted in accordance with pro-
visions of Article 12 and Article 13 of
the Unified Development Code prior
to construction or expansion of any
buildings, free-standing signs, or
parking facilities. The Downtown De-
sign Guidelines shall apply to site de-
velopment in the District PUD, and
shall take precedence over the De-
sign Standards for Big Box Retail Us-
es (over 100,000 square feet) and the
Design Standards for Retail Com-
mercial Uses (over 60,000 square
feet) and Regional Shopping Centers
in Article 13 of the Unified Develop-
ment Code.
8. Retail uses should be clustered
around each other and adjacent to
public spaces, such as at the inter-
section of 10th and Washington
Streets, in the Farley & Loetscher and
Kirby Buildings along 7th Street, and
in a highly visible commercial corridor
at the east edge of the District along
Elm Street.
9. Land uses should transition from
industrial on the south to residential
on the north, with new commercial or
mixed use buildings along the new
block to be created by realigning Elm
Street in accordance with the Historic
Millwork District Master Plan.
E. Other Codes and Regulations
1. Service Lines. All electric, tele-
phone, cable, or other similar utility
lines serving the building and other
site features shall be located under-
ground, where feasible.
2. These regulations do not relieve
the owner from other applicable city,
county, state or federal codes, regula-
tions, laws and other controls relative
to the planning, construction, opera-
tion and management of property
within the city of Dubuque.
F. Transfer of Ownership
Transfer of ownership or lease of property
in the Historic Millwork District PUD shall in-
clude in the transfer or lease agreement a pro-
vision that the purchaser or lessee acknowl-
edges awareness of the conditions authorizing
the establishment of the District PUD.
G. Recording
A copy of this PUD Ordinance shall be
recorded, at the expense of the City of Dubu-
que, with the Dubuque County Recorder as a
62 Regular Session, February 16, 2015 Book 145
permanent record of the conditions accepted
as part of this reclassification approval. This
ordinance shall be binding upon the under-
signed and his/her heirs, successors and as-
signs.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. The foregoing amendment shall
take effect upon publication, as provided by
law.
Passed, approved and adopted this 16th
day of February, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of February, 2015.
/s/Kevin S. Firnstahl, City Clerk
3. SRF Green Alley Project Bid Set 6 -
Year 1: Proof of publication on notice of public
hearing to consider approval of plans, specifi-
cations, form of contract and estimated cost for
the SRF Green Alley Project Bid Set 6 - Year 1
Project and the City Manager recommending
approval. Motion by Braig to receive and file
the documents and adopt Resolution No. 48-
15 Approval of plans specifications, form of
contract, and estimated cost for the SRF
Green Alley Bid Set 6 - Year 1 Project; Resolu-
tion No. 49-15 with Respect to the adoption of
the Resolution of Necessity proposed for the
SRF Green Alley Bid Set 6 - Year 1 Project;
and Resolution No. 50-15 Approving Schedule
of Assessments and estimated total cost for
the SRF Green Alley Bid Set 6 – Year 1 Pro-
ject. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 48-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE SRF GREEN ALLEY BID
SET 6 – YEAR 1 PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
SRF Green Alley Bid Set 6 – Year 1 Project, in
the estimated amount $364,665.35, are hereby
approved.
Passed, adopted and approved this 16th
day of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 49-15
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OF NE-
CESSITY PROPOSED FOR THE SRF
GREEN ALLEY BID SET 6 – YEAR 1 PRO-
JECT
Whereas, the City Council has proposed a
Resolution of Necessity for the SRF Green
Alley Bid Set 6 – Year 1 Project and has given
notice of the public hearing thereon as re-
quired by law; and
Whereas, the public hearing has been
held, all persons offering objections have been
heard and consideration given to all objections
and is pending before this Council; and
Whereas, this is the time and place set as
provided for the taking of action on the pro-
posed Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity
described above is hereby:
X Adopted, without amendment, and all ob-
jections filed or made having been duly con-
sidered are overruled.
Passed, adopted and approved this 16th
day of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 50-15
APPROVING SCHEDULE OF ASSESS-
MENTS AND ESTIMATE OF TOTAL COST
FOR THE SRF GREEN ALLEY BID SET 6 –
YEAR 1 PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plat, schedule of as-
sessments, and estimate of total cost for the
SRF Green Alley Bid Set 6 – Year 1 Project
are hereby approved.
Passed, approved and adopted this 16th
day of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. SRF Green Alley Bid Set 3 - Year 2:
Proof of publication on notice of public hearing
to consider approval of the plans, specifica-
tions, form of contract and estimated cost for
the SRF Green Alley Bid Set 3 - Year 2 Project
and the City Manager Recommending approv-
al. Motion by Braig to receive and file the doc-
uments and adopt Resolution No. 51-15 Ap-
proval of plans, specifications, form of con-
tract, and estimated cost for the SRF Green
Alley Bid Set 3 - Year 2 Project; Resolution
No. 52-15 with Respect to the adoption of the
Resolution of Necessity Proposed for the SRF
Green Alley Bid Set 3 - Year 2 Project; and
Resolution No. 53-15 Approving Schedule of
Book 145 Regular Session, February 16, 2015 63
Assessments and estimate of total cost for the
SRF Green Alley Bid Set 3 – Year 2 Project.
Seconded by Lynch. Civil Engineer Jon Dienst
responded to questions regarding parking and
sanitary/sewer issues that may arise during
construction. Motion carried 7-0.
RESOLUTION NO. 51-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE SRF GREEN ALLEY BID
SET 3 – YEAR 2 PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
SRF Green Alley Bid Set 3 – Year 2 Project, in
the estimated amount $1,723,730.11, are
hereby approved.
Passed, adopted and approved this 16th
day of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 52-15
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OF NE-
CESSITY PROPOSED FOR THE SRF
GREEN ALLEY BID SET 3 – YEAR 2 PRO-
JECT
Whereas, the City Council has proposed a
Resolution of Necessity for the SRF Green
Alley Bid Set 3 – Year 2 Project and has given
notice of the public hearing thereon as re-
quired by law; and
Whereas, the public hearing has been
held, all persons offering objections have been
heard and consideration given to all objections
and is pending before this Council; and
Whereas, this is the time and place set as
provided for the taking of action on the pro-
posed Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity
described above is hereby:
Adopted, without amendment, and all ob-
jections filed or made having been duly con-
sidered are overruled.
Passed, adopted and approved this 16th
day of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 53-15
APPROVING SCHEDULE OF ASSESS-
MENTS AND ESTIMATE OF TOTAL COST
FOR THE SRF GREEN ALLEY BID SET 3 –
YEAR 2 PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plat, schedule of as-
sessments, and estimate of total cost for the
SRF Green Alley Bid Set 3 – Year 2 Project
are hereby approved.
Passed, approved and adopted this 16th
day of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. 2015 Asbury Road Pavement Rehabili-
tation Project: Proof of publication on notice of
public hearing to consider approval of the
plans, specifications, form of contract and es-
timated cost for the 2015 Asbury Road Pave-
ment Rehabilitation Project and the City Man-
ager recommending approval. Motion by Braig
to receive and file the documents and adopt
Resolution No. 54-15 Approval of plans, speci-
fications, form of contract, and estimated cost
for the 2015 Asbury Road Pavement Rehabili-
tation project. Seconded by Lynch. Assistant
City Engineer Bob Schiesl described the pro-
ject and responded to questions regarding
property owner notifications and traffic flow
during construction. Motion carried 7-0.
RESOLUTION NO. 54-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE 2015 ASBURY ROAD
PAVEMENT REHABILITATION PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
2015 Asbury Road Pavement Rehabilitation
Project, in the estimated amount $423,155.53,
are hereby approved.
Passed, adopted and approved this 16th
day of February, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Request to Address the City Council -
Mitch Quade: Correspondence from Mitch
Quade, 509 Nordic Trail, Mount Horeb, WI,
requesting to address the City Council regard-
ing a waiver of a pre-annexation agreement
related to a farm on Swiss Valley Road. Motion
by Jones to receive and file the information.
Seconded by Resnick. Mr. Quade provided a
presentation and handouts that supported his
request for a waiver of the requirement of a
64 Regular Session, February 16, 2015 Book 145
pre-annexation agreement for the division of
his family farm on Swiss Valley Road for pur-
poses of estate management and agricultural
farming. Motion carried 7-0.
2. Port of Dubuque Marina Report 2014:
City Manager transmitting the Port of Dubuque
Marina Annual Report for 2014. Recreation
Supervisor Dan Kroeger and Recreation Facili-
ties Supervisor Ben Alden provided a verbal
report on the activities, facilities, and financial
status of the Port of Dubuque Marina over the
last couple of Fiscal Years. Motion by Lynch to
receive and file the information. Seconded by
Braig. Motion carried 7-0.
3. Code of Ordinances Amendment Title
10 - Sledding in Parks: City Manager recom-
mending approval of an Ordinance amend-
ment to add designated areas at Falk and Hill-
crest Parks for sledding. Motion by Jones to
receive and file the documents and that the
requirement that a proposed ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by
Braig. Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 11-15 Amending
Title 10 Public Ways and Property, Chapter 5
Parks and Recreation, Article B Use Regula-
tions 10-5B-23 Prohibiting Sledding, Downhill
Skiing, Snowboarding or Tobogganing Except
in Certain Designated Areas in Certain City
Parks Adding Additional Parks Where Sled-
ding and Other Snow Activities are Permitted.
Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 11-15
AMENDING TITLE 10 PUBLIC WAYS AND
PROPERTY, CHAPTER 5 PARKS AND
RECREATION, ARTICLE B USE REGULA-
TIONS 10-5B-23 PROHIBITING SLEDDING,
DOWNHILL SKIING, SNOWBOARDING OR
TOBOGGANING EXCEPT IN CERTAIN DES-
IGNATED AREAS IN CERTAIN CITY PARKS
ADDING ADDITIONAL PARKS WHERE
SLEDDING AND OTHER SNOW ACTIVITIES
ARE PERMITTED
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordi-
nances Title 10, Chapter 5, Article B is
amended to read as follows:
10-5B-23: Sledding and Other Snow Activi-
ties Prohibited
No person may sled or engage in any other
snow activity, including but not limited to,
downhill skiing, snowboarding, tobogganing, or
any other means of descending a hill on snow
or ice, in any city park or on any city property
except in areas designated by the City Man-
ager in the following parks, subject to all rules
posted for such sledding or snow activities:
Allison-Henderson Park, daylight hours only
Bunker Hill Golf Course, daylight hours only
Comiskey Park, daylight hours only
Falk Park, daylight hours only
Flat Iron Park, daylight hours only
Gay Park, daylight hours only
Grant Park, daylight hours only
Hillcrest Park, daylight hours only
Orange Park, daylight hours only
Pinard Park, daylight hours only
Usha Park, daylight hours only
Valentine Park, daylight hours only
Washington Park, daylight hours only
Riding inner tubes in a park or on any public
property is prohibited at all times.
Section 2. This ordinance takes effect upon
publication.
Passed, approved and adopted the 16th
day of February, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of February, 2015.
/s/Kevin S. Firnstahl, City Clerk
4. Code of Ordinances Amendment Chap-
ter 8 - Street Tree & Landscaping of Public
Right-of-Way: City Manager recommending
approval of the revised Street Tree and Land-
scaping on Public Right-of-Way Policy and an
amendment to Section 6-8-1: Trees and Land-
scaping. Motion by Jones to receive and file
the documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Lynch. Motion car-
ried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 12-15 Amending
City of Dubuque code of Ordinances Title 6
Health, Housing, Sanitation and Environment,
Chapter 8 Trees and Weeds, Section 6-8-1
Trees and Landscaping by adding Non-Woody
Vegetation and Other Landscaping to the City
Manager's authority for the Street tree and
Landscaping on Public Right of Way Policy.
Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 12-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 6 HEALTH, HOUSING,
SANITATION AND ENVIRONMENT, CHAP-
TER 8 TREES AND WEEDS, SECTION 6-8-1
TREES AND LANDSCAPING BY ADDING
NON-WOODY VEGETATION AND OTHER
LANDSCAPING TO THE CITY MANAGER’S
AUTHORITY FOR THE STREET TREE AND
Book 145 Regular Session, February 16, 2015 65
LANDSCAPING ON PUBLIC RIGHT OF WAY
POLICY
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-8-1 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
6-8-1: TREES AND LANDSCAPING:
A. Planting And Removal; Permission Re-
quired: It shall be unlawful for any person, firm
or corporation to plant or remove trees in the
public right of way without the written permis-
sion of the city manager or the city manager's
designee, and upon such terms and conditions
as the city manager shall require.
B. Street Tree And Landscaping On Public
Right Of Way Policy: The city manager shall
develop, with the approval of the city council, a
written street tree and landscaping on public
right of way policy which shall govern the
planting, maintenance and removal of trees,
shrubs, non-woody vegetation or other land-
scaping in the public right of way.
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 16th
day of February, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of February, 2015.
/s/Kevin S. Firnstahl, City Clerk
5. Fiscal Year 2015 Budget Correction:
City Manager submitting a list of Fiscal Year
2015 Capital Improvement Projects selected
for possible elimination, substitution and/or
later reconsideration through the Fiscal Year
2017 budget process. Motion by Braig to re-
ceive and file. Seconded by Jones. City Man-
ager Van Milligen explained that this infor-
mation is related to the current Fiscal Year and
will come to the Council for public hearing in
April. Council discussion included clerical mis-
calculation, housing inspection fee increases,
and decreased gambling revenue as well as
decreased spending and ways to increase
revenues. Motion carried 7-0.
6. Arts Master Plan Consultant Services
Recommendation: City Manager recommend-
ing approval of the selection of Lord Cultural
Resources to facilitate the development of an
Arts and Culture Master Plan. Motion by Lynch
to receive and file the documents and approve
the recommendation. Seconded by Resnick.
Motion carried 7-0.
7. Dubuque Racing Association - 6th
Amendment to Lease Agreement: City Man-
ager recommending approval of an amend-
ment to the lease agreement with the Dubuque
Racing Association that requires a City of
Dubuque Police Officer or County Sheriff to be
present during all hours of operations at Mys-
tique Casino. Motion by Jones to receive and
file the documents and approve [the request].
Seconded by Connors. Motion carried 7-0.
8. Five Flags Civic Center Advisory Com-
mission Membership: Communication from the
Five Flags Civic Center Advisory Commission
recommending dismissal of a commissioner
for lack of attendance and to declare the posi-
tion vacant. Motion by Jones to receive and file
the documents and declare the positon vacant.
Seconded by Braig. Motion carried 7-0.
PUBLIC INPUT
Jacob Long, 4604 Cardinal Drive; and Al-
len Troupe, 2003 Keyway, addressed the City
Council about moving the Public Input section
of the agenda to the beginning of the meeting.
John Herrig, 13750 Surrey Lane, ex-
pressed is opposition to the proposed Fiscal
Year 2016 housing inspection fee increases
and his concerns over governmental transpar-
ency and Council representation.
Brandon Ahler, 123 Bluff Street, addressed
the City Council about his concerns over park-
ing issues and possible violations in the neigh-
borhood and offered suggestions. His contact
information was taken for referral to staff.
CLOSED SESSION
Motion by Jones at 8:50 p.m. to enter into
closed session to discuss pending litigation
and property acquisition pursuant to Chapter
21.5(1)(c), -(j) Code of Iowa. Seconded by
Braig. Motion carried 7-0.
Upon motion the City Council reconvened
in open session at 9:05 p.m. stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 9:06 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
66 Special Session, February 23, 2015 Book 145
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:30 p.m. on February 23, 2015 in
the Historic Federal Building.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Michael Van Milligen
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City depart-
mental Fiscal Year 2016 budgets.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 7-0.
1. Fiscal Year 2016 Recommended Budg-
et: City Manager recommending that the City
Council set a public hearing for March 12,
2015, on the Fiscal Year 2016 City budget,
Operating and Capital Improvement Program
for the City of Dubuque.
Upon motion the documents were received
and filed and Resolution No. 55-15 Setting the
date for the public hearing on the Fiscal Year
2016 Budget as amended for the City of
Dubuque; Resolution No. 56-15 Setting the
date for the public hearing on the Five-Year
Capital Improvement Program for Fiscal Years
2016 through 2020 for the City of Dubuque.
RESOLUTION NO. 55-15
SETTING THE DATE FOR THE PUBLIC
HEARING ON THE FISCAL YEAR 2016
BUDGET AS AMENDED FOR THE CITY OF
DUBUQUE
Whereas, Iowa Code Section 384.16 pro-
vides that the City Council shall set a time and
place for a public hearing on the Fiscal Year
2016 budget before the final budget certifica-
tion date and shall publish notice before the
hearing as provided in Iowa Code Section
362.3.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall con-
duct a public hearing on the proposed Fiscal
Year 2016 budget as amended for the City of
Dubuque in the City Council Chambers at the
Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa on Thursday, March 12, 2015,
beginning at 6:30 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish no-
tice of the public hearing, according to law,
together with the required budget information.
Passed, approved and adopted this 23rd
day of February, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 56-15
SETTING THE DATE FOR THE PUBLIC
HEARING ON THE FIVE-YEAR CAPITAL
IMPROVEMENT PROGRAM FOR FISCAL
YEARS 2016 THROUGH 2020 FOR THE
CITY OF DUBUQUE
Whereas, a proposed Five-Year Capital
Improvement Program for the City of Dubuque
for Fiscal Years 2016 through 2020 has been
prepared and submitted to the City Council;
and
Whereas, the capital projects for the first
year of the program are included in the Fiscal
Year 2016 budget for the City of Dubuque; and
Whereas, it is deemed to be in the best in-
terest of the City of Dubuque to conduct a pub-
lic hearing and adopt the five-year Capital Im-
provement Program simultaneously with the
public hearing and adoption of the Fiscal Year
2016 budget for the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall con-
duct a public hearing on the five-year Capital
Improvement Program for Fiscal Years 2016
through 2020 in the City Council Chambers at
the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa on Thursday, March 12,
2015, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish no-
tice of the public hearing.
Passed, approved and adopted this 23rd
day of February, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
FISCAL YEAR 2016 DEPARTMENTAL
BUDGET REVIEW
Fiscal Year 2016 City departmental budg-
ets were presented by staff from the following
departments:
Park Division: Leisure Service Manager
Marie Ware and Steve Fehsal Park Division
Manager. City Council discussed budget and
staffing constraints.
Recreation Division: AmeriCorps Program
Director Mary Bridget Corken-Deutch, Acting
Director Multi Cultural Family Center Sarah
Book 145 Regular Session, March 2, 2015 67
Peterson and Recreation Division Manager
Dan Kroger.
Public Input: Four Mounds Executive Di-
rector Christine Happ Olson spoke in support
of continuing the partnership with the city re-
garding their Adventures Day Camp.
Five Flags Center: Leisure Service Man-
ager Marie Ware
Grand River Center (Conference Center):
Leisure Service Manager Marie Ware
There being no further business, upon motion
the City Council adjourned at 9:12 p.m.
/s/Trish L. Gleason, CMC, Assistant City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on March 2, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; Assistant City Manager Goodmann, City
Attorney Lindahl
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.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the Resolutions, and dis-
pose of as indicated. Seconded by Jones.
Council Member Connors requested Number
5. Request to Reschedule Sustainable Dubu-
que Work Session and Number 21. Request
for Work Session - Catfish Creek Watershed
Management Authority be held for separate
discussion. Motion carried 7-0.
Motion by Connors to receive and file the
documents and dispose of as indicated. Se-
conded by Resnick. Motion carried 7-0.
1. Minutes and Reports Submitted: Arts
and Cultural Affairs Advisory Commission of
1/27; Catfish Creek Watershed Management
Authority of 12/3/14; Civil Service Commission
of 2/20; City Council Proceedings of 2/16 and
2/23; Historic Preservation Commission of
2/19; Human Rights Commission of 1/12; Long
Range Planning Advisory Commission of 2/18;
Proof of Publication for City Council Proceed-
ings of 2/2, 2/5, and 2/4. Upon motion the doc-
uments were received and filed.
2. Notice of Claims and Suits: Janna Frost
for property damage; Shila Johnson for per-
sonal injury; Carl Noel for property damage;
Danyiel Peterson for property damage; Barba-
ra Soley for property damage; Audrea Steward
for personal injury; Swiss Valley Farms Coop-
erative for personal injury / vehicle damage.
Upon motion the documents were received,
filed and referred to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
68 Regular Session, March 2, 2015 Book 145
the agent for the Iowa Communities Assurance
Pool: Janna Frost for vehicle damage; Shila
Johnson for personal injury; Danyiel Peterson
for property damage; Audrea Steward for per-
sonal injury; Swiss Valley Farms Cooperative
for personal injury / vehicle damage. Upon
motion the documents were received, filed and
concurred.
4. 2015 Federal Legislative Priorities: City
Manager recommending adoption of the 2015
Federal Legislative Priorities. Upon motion the
documents were received, filed and approved.
5. Request to Reschedule Sustainable
Dubuque Work Session: City Manager rec-
ommending approval to reschedule the Sus-
tainable Dubuque Work Session from March
16 to May 4. Motion by Connors to receive and
file the documents and dispose of as indicated.
Seconded by Resnick. Motion carried 7-0.
6. Midtown Loop & Feeder Grant Certifi-
cate of Completion: City Manager recommend-
ing acceptance of the Mid-Town Loop & Feed-
er Pilot Route Project as completed. Upon
motion the documents were received, filed and
approved.
7. Urban Revitalization Applications: City
Manager recommending approval of 15 appli-
cations for residential property tax exemption.
Upon motion the documents were received,
filed and Resolution No. 57-15 Approving
property tax abatement applications submitted
by property owners in recognized Urban Revi-
talization areas and authorizing the transmittal
of the approved applications to the City Tax
Assessor was adopted.
RESOLUTION NO. 57-15
APPROVING PROPERTY TAX ABATEMENT
APPLICATIONS SUBMITTED BY PROPER-
TY OWNERS IN RECOGNIZED URBAN RE-
VITALIZATION AREAS AND AUTHORIZING
THE TRANSMITTAL OF THE APPROVED
APPLICATIONS TO THE CITY TAX ASSES-
SOR
Whereas, Chapter 404 of the Code of Io-
wa, the Urban Revitalization Act, permits cities
to abate property taxes for improvements
made to properties in designated revitalization
areas; and
Whereas, the Urban Revitalization Act re-
quires property owners to submit a written
application for abatement by February 1 of the
assessment year for which the abatement is
first claimed, and further requires the City
Council to approve all applications that meet
the requirements of the adopted Urban Revi-
talization Plan and forward the approved appli-
cations to the City Assessor for review by
March 1 of each year; and
Whereas, pursuant to the requirements of
said Urban Revitalization Act, the following
Urban Revitalization Areas were established:
Upper Main, Jackson Park, Washington
Neighborhood, West 11th Street, Upper Main,
Cathedral, and Old Main; and
Whereas, the City of Dubuque, as of Feb-
ruary 1, 2015, received tax abatement applica-
tions from the following property owners in the
aforementioned urban revitalization districts;
Upper Main Urban Revitalization Area, estab-
lished August, 1995
1172 Main Street - Carol W issell Lammers
Jackson Park Urban Revitalization Area, estab-
lished October, 1980
407 Loras Blvd - W eaver Castle LLC
409 Loras Blvd - W eaver Castle LLC
W ashington Neighborhood Urban Revitalization
Area, established March 2007
155 East 12th St - David & Patricia Beals
1530 Jackson St - Heidi Zull & Rich Rossignol
1635 W ashington St - Alina J Crow
W est 11th Street Urban Revitalization Area, es-
tablished March, 1981
1595 Fairview Place - Joe Kuhse
799 University Avenue - Pamela J. Voteberg
583 Loras Blvd - Brothers Twice, LLC
550 Arlington St - Jason Schneider
789 University Avenue - Brian & Samantha
Graham
Cathedral Urban Revitalization Area, established
December 2002
189 St. Mary’s St - Beverly Ann Oestreich
263 Main St - Robert McCoy
265 Main St - Robert McCoy
Whereas, the City of Dubuque, as of Feb-
ruary 1, 2015, received tax abatement applica-
tions from the following property owners in the
aforementioned urban revitalization districts
are eligible for partial abatement;
W ashington Neighborhood Urban Revitalization
Area, established March 2007
1785 W ashington St - Bailey Hemenway* (7
year exemption)
Whereas, the Housing and Community
Development Department and Building Ser-
vices Department have reviewed the above-
described applications and inspected the
properties, and have determined that the ap-
plications and the improvements conform to all
requirements of the City of Dubuque’s Urban
Revitalization Plans.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the above-described tax
abatement applications meet the requirements
of the City of Dubuque’s Urban Revitalization
Plans.
Section 2. That the above-described tax
abatement applications are hereby approved
by the City Council, subject to the review and
approval of the City Assessor.
Book 145 Regular Session, March 2, 2015 69
Section 3. That the City Clerk is hereby au-
thorized and directed to forward the above-
described tax abatement applications to the
City Assessor.
Passed, approved and adopted this 2nd
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
8. Consent Decree Semi Annual Report:
City Manager recommending approval to certi-
fy the March 31st Semi Annual Consent De-
cree Report to be submitted to the U.S. De-
partment of Justice, U.S. EPA and the Iowa
Department of Natural Resources. Upon mo-
tion the documents were received, filed and
approved.
9. Legislative Correspondence: Communi-
cation to the Legislative Information Office
expressing the City of Dubuque's opposition to
the Residential Occupancy Bill as well as to
the Governor's Justice Department Appropria-
tions Bill. Upon motion the documents were
received and filed.
10. East Central Intergovernmental Asso-
ciation (ECIA) Administrative Services Con-
tract Amendment #4: City Manager recom-
mending review and approval of the 4th
Amendment of East Central Intergovernmental
Association’s contract for administrative ser-
vices related to the Linseed Oil Building por-
tion of the City’s Community Development
Block Grant contract #08-DRH-212. Upon mo-
tion the documents were received, filed and
Resolution No. 58-15 Approving Amendment #
4 to the Contract for Services with East Central
Intergovernmental Association was adopted.
RESOLUTION NO. 58-15
APPROVING AMENDMENT # 4 TO THE
CONTRACT FOR SERVICES WITH EAST
CENTRAL INTERGOVERNMENTAL ASSO-
CIATON
Whereas, the City of Dubuque (City) and
East Central Intergovernmental Association
(ECIA) entered into a Contract for Services
(the Contract), as amended; and
Whereas, City and ECIA desire to amend
the Contract as set forth in the attached
Amendment #4.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: Amendment #4 to the Con-
tract for Services is hereby approved.
Passed, approved, and adopted this 2nd
day of March 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
11. Special Assessment - 1849 Jackson
Street Demolition: City Manager recommend-
ing that the cost of demolition and related work
for 1849 Jackson Street be assessed to the
property. Upon motion the documents were
received, filed and Resolution No. 59-15
Adopting the Schedule of Special Assessment
for a lien against the property at 1849 Jackson
Street and directing the City Clerk to certify the
Schedule of Assessment to the County Treas-
urer and to publish notice thereof was adopted.
RESOLUTION NO. 59-15
ADOPTING THE SCHEDULE OF SPECIAL
ASSESSMENT FOR A LIEN AGAINST THE
PROPERTY AT 1849 JACKSON STREET
AND DIRECTING THE CITY CLERK TO
CERTIFY THE SCHEDULE OF ASSESS-
MENT TO THE COUNTY TREASURER AND
TO PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Sched-
ule of Assessments attached hereto for non-
payment of assessments applied by Section
14-3-4 of the City Code which Schedule of
Assessments was filed in the office of the City
Clerk on the 12th day of February, 2015 the
said Schedule of Assessments be and the
same is hereby approved and adopted.
That there be, and is hereby assessed and
levied as a lien upon the real property, the
respective sums indicated.
That the City Clerk be and is hereby di-
rected to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to
publish notice of said certification once each
week for two (2) consecutive weeks in the
manner provided in Iowa Code §362.3, the first
publication of which shall be not more than
fifteen (15) days from the date of filing of the
final schedule. On or before the date of the
second publication of the notice, the City Clerk
shall also mail a copy of said notice to property
owners whose property is subject to assess-
ment, as provided and directed in Iowa Code
§384.60.
The assessments may be paid in full or in
part without interest at the Utility Billing Office,
City Hall; 50 W. 13th Street, Dubuque, Iowa at
any time within thirty (30) days after the date of
the first publication of the notice of the filing of
the Schedule of Assessments with the County
Treasurer. After thirty (30) days, unpaid as-
sessments are payable at the County Treasur-
er's Office, Dubuque County Courthouse, 720
Central Avenue, Dubuque, Iowa and charges
shall be collected in the same manner as gen-
eral property taxes against the respective par-
cels of the property set opposite the name of
the property owner.
70 Regular Session, March 2, 2015 Book 145
Passed, approved and adopted this 2nd day
of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
SCHEDULE OF ASSESSMENTS 1849
JACKSON STREET
Chad R. Hansen, Parcel #10.24.257.012
Vendor, Service, Amount
1. Wayne Sharkey, Demolition, $9,900
2. Wayne Sharkey, Asbestos Removal,
$27,550
Total $37,450
12. Delinquent Grass/Weed Cutting and
Garbage Collection Accounts: City Manager
recommending adopting of a Resolution au-
thorizing the City to certify grass and weed
cutting and garbage collection charges to the
Dubuque County Treasurer in order to estab-
lish real property liens for collection of such
charges. Upon motion the documents were
received, filed and Resolution No. 60-15 Au-
thorizing the City to collect delinquent grass
and weed cutting and garbage collection
charges in accordance with Title 6-6- 3C2o;
Title 6-6-4B3 & Title 6-6B of the Code of Ordi-
nances of the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 60-15
AUTHORIZING THE CITY TO COLLECT DE-
LINQUENT GRASS AND WEED CUTTING
AND GARBAGE COLLECTION CHARGES
IN ACCORDANCE WITH TITLE 6-6- 3C2o;
TITLE 6-6-4B3 & TITLE 6-6B OF THE CODE
OF ORDINANCES OF THE CITY OF DUBU-
QUE, IOWA
Whereas, residential properties in the City
of Dubuque are considered substandard if any
conditions exist to an extent that endanger life,
limb, health, property, safety or welfare of the
public or the occupants thereof; and
Whereas, whenever in the judgment of the
Housing Officer, a nuisance that is “palpably
and indisputably such” exists which requires
immediate action to protect the public health,
safety or welfare of the public, the Housing
Officer may order the emergency abatement of
such; and
Whereas, delinquent grass and weed cut-
ting and 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 I. That the persons listed on the at-
tached Grass/Weed/Garbage Assessment
Schedule are delinquent in the payment of
grass and weed cutting and garbage collection
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
Grass/Weed/Garbage Assessment Schedule
are delinquent in the payment of grass and
weed cutting and garbage collection charges
in the amount set aside of the respective
names, and that said amounts shall be collect-
ed in the same manner as general property
taxes against the respective parcels of proper-
ty set opposite the names of the owners.
Passed, approved and adopted this 2nd day
of March, 2015.
Roy D Buol, Mayor
Attest: Trish L Gleason, Assistant City Clerk
Schedule of Assessments
Delinquent Grass, Weed and Garbage Collection
Location, Owner, Parcel #, Amount, Category
2283 White, E 1/2-N 1/4-Lot 16p; & E 1/2- S 1/2-
Lot 18 L H Langworthy's Add, Dohanich, Mi-
chael D, 2283 White St, Dubuque IA 52001,
1024130013, $541.41, Grass, Weeds And
Garbage
1478 Jackson, Lot 2-47 & Lot 1-N1/2 Of 48 Both
In East Dubuque Add, McMahon Real Estate
Rentals, 2380 Samantha Dr. Dubuque IA
52002, 1024426003, $159.00, Garbage
2061 Jackson, S 25'-Lot 1-2-"E 1/2-Lot 42 & E
1/2-Lot 43" L H Langworthy's Add, Terris,
Joyce M, 2063 Jackson, Dubuque IA 52001,
1024213012, $115.50, Garbage
2169 Elm, E 105.2'-Lot 1-S 1/3-100 L H Langwor-
thy's Add, Hines, Sara Jean, 2169 Elm St,
Dubuque IA 52001, 1024210017, $154.00,
Garbage
2113 Jackson, Lot 2-E 1/2 of Lot 39 & N 54' Of
The E ½ Of Lot 40 L H Langs Add, Severns,
Rebecca J & Edward P, 2769 University Ave
#48, Dubuque IA 52001, 1024208020, $60.00,
Garbage
1069 Vernon, Lot 38 Levens Add, Heagy, Sherri
M & Shirley L, 2891 Indiana Ave, Dubuque IA
52001, 1023477014, $252.00, Grass, Weeds
And Garbage
2024 Central, Lot 3 & 4 Steiners Add 2024-2026,
Central Ave, Alliance Investments + Consult-
ing, LLC, 521 Edwin Drive, Virginia Beach VA
23462, 1024212008, $130.00, Garbage
925 Garfield, Lot 6 Hooper's Add 925-927 Garfield
Ave, Garden District Estates LC, 3500 Dodge
#387, Dubuque IA 52003, 1118353009,
$252.86, Garbage
1358 Locust, N 1/2 Of M 1/5 Of City Lot 476,
Husemann, Larry H & Brenda A, 18491 W
Michelle Ct, East Dubuque Il 61025-9403,
1024410002, $240.00, Grass, Weeds And
Garbage
2136 White, N 1/2-W 1/2-Lot 38 L H Langworthy's
Add 2136-2136 1/2 White, French Market Es-
tates LC, 3500 Dodge #387, Dubuque IA
52003, 1024208004, $123.00, Garbage
Book 145 Regular Session, March 2, 2015 71
2008 Foye, E 24' Of Lot 22 Cox's Add, Rans,
Jesse J, 125 Kayle Drive, Manchester IA
52057, 1024177022, $485.00, Grass
1575 Washington, Lot 1-N 1/2 of 80 East Dubu-
que Add, Jackson Square Estates LC, 3500
Dodge #387, Dubuque IA 52003, 1024281010,
$120.00, Garbage
628 Clarke, Lot 4 Porters Add, Thomas, Tammy L,
109 W Locust St, Maquoketa IA 52060,
1024152009, $141.00, Garbage
658 W 3rd, Lot 1 Sub 1 City Lot 724, YM Proper-
ties LLC, 2125 Bunker Hill Rd., Dubuque IA
52001, 1025186002, $59.00, Garbage
623 W 8th, Lot 2-1-1-16 & Lot 2-1-16 Kellys Sub,
L & R Estates LLC, 112 Parkway Circle, Dela-
no MN 55328, 1025130018, $281.00, Garbage
1625 N Algona, Lot 236 Woodlawn Park Add,
Benson, Laura A Nka Geiger, Laura, A 38225
150th St., Bellevue IA 52031, 1023387009,
$437.00, Grass
655 Jefferson, Lot 19 Farley's Sub 655-657
Jefferson, Us Bank Na., Mail Station Ep-Mn-
L22f, 200 S 6th St., Minneapolis MN 55402-
1403, 1024385017, $485.00, Grass
3115 Jackson, S 1/2 Of E 170' Of Lot 326 Davis
Farm Add, Wells Fargo Bank Na., 1 Home
Campus, Des Moines IA 50328, 1014234012,
$370.00, Grass
2301 White, E1/2-N1/2 Lot 18, & S7'-E1/2-S1/2
Lot 19 L H Langworthy's Add 2301-2305
White, Blake, Thomas J & Martha J 115 Sky-
line Dr. Guttenberg IA 52052, 1024130012,
$88.00, Garbage
1658 Iowa, S 49'8"-M 1/5 Of City Lot 455 & Und
1/2 Of N 1.545' Of M 1/5 City Lot 453, Then,
Ronald R & Barbara J, 4812 Then Rd. Bernard
IA 52032-9605, 1024265004, $135.00, Gar-
bage
1461 Jackson, N 1/2 M 1/5 Of City Lot 494,
Deutsche Bank National Trust Company, Trus-
tee For First Franklin Mortgage Loan Trust
2005-Ff4 2315 SW Temple, Salt Lake City UT
84115, 1024409010, $1,165.15, Garbage
849 Walker, Lots 513 & 514 North Dubuque Add,
Hawkins, David M & Jill J., 888 S Grandview
Ave., Dubuque IA 52003, 1012184005,
$280.00, Grass
1485 Cornell, Lots 1 & 2 Yates & Picketts 1485-
1485 ½ Cornell, BRP Properties LLC, 8505
Southern Hills Court, Dubuque IA 52003,
1024332024, $65.00, Garbage
1005 Victori, Lot 1-1 Cook & Allen Place, Bermas,
Andrea W., 1005 Victoria St, Dubuque IA
52003, 1036157013, $802.00, Grass
2260 Roosevelt, Lot 2-1-2-2-1-2-2 Of Min Lot 307,
Emerson, Everett E., 6459 Sundown Rd., Pe-
osta IA 52068, 1107351009, $315.00, Grass
2006 N Main, Lot 19 Marsh's Add, Stafford, John
H & Shannon A, 19402 Se 264th St., Coving-
ton WA 98042, 1024134020, $370.00, Grass
667 W Locust, Lot 3 Ellen Blakes Sub 667-669 W
Locust St, East Dubuque Savings Bank, 475
Cedar Cross Rd, Dubuque IA 52003,
1024156009, $70.00, Grass, Weeds And Gar-
bage
2903 Jackson, E 85' Of E 170' Of Lot 346 Davis
Farm Add, 2901-2903-2905 Jackson, Moore,
Kenneth John A/K/A, Kenneth J Moore, 803
Grant Court, Maquoketa IA 52060,
1013153020, $55.00, Garbage
20 Bluff, S 27' - W 1/2 Of City Lot 587, Newman,
Trevor D., 20 Bluff St, Dubuque IA 52001,
1025402006, $55.00, Grass
2559 Washington, S 1/2 Lot 21 & N 1/2 Lot 22 E
Langworthys Add, Wonser, Melissa A., 2055
Schiller Dubuque IA 52001, 1013335027,
$170.00, Grass
364 Klingenberg, W 3/4 Of Lot 20 & E 1/2 Of Lot
21 C Klingenberg's 4th, Mk Investment Proper-
ties LLC, 8282 Turkey Valley Ln, Dubuque IA
52003, 1024133016, $55.00, Grass
1050 N Booth, Lot 8 Marshs Dubuque No 2,
Rogers, James R & Kittie L, 1050 North Booth,
Dubuque IA 52001, 1026229002, $70.00,
Grass
2106 Kleine, Lot 1 Of Lots 2-2 & 1 Of C Klingen-
berg's, 4th, Federal Home Loan Mortgage
Corporation, 8200 Jones Branch Dr., Mc Lean
VA 22102, 1024132008, $115.00, Grass
2329 Washington, N 33'-S 48'-Lot 74 L H Lang-
worthys Add, Ungs, Gina M., 2319 Washington
St, Dubuque IA 52001, 1013459022, $130.00,
Grass
2235 Eagle, Lot 2-37 Althausers Sub, Psaros, Aric
M & Teresa, 1851 Key Way, Dubuque IA
52002, 1013431011, $295.00, Grass
704 Caledonia, N 1/2 Of Lot 1 Of 1 Of 39 In Kelly
Sub, Lincoln, Aaron J, 3908 Flat Rock Ct Van
Buren AR 72956, 1025133023, $75.00, Grass
1292 Elm, N 2/3 Lot 197 East Dubuque Add 1292-
1298 Elm, Mid-America Property Management
LLC, Po Box 1572, Dubuque IA 52004,
1024437001, $55.00, Garbage
1509 Mount Pleasant, Lot 7 J N Hills Sub, Mur-
phy, Barry J, 1509 Mt Pleasant, Dubuque IA
52001, 1023461024, $140.00, Grass
877 Wilson, Lot 5 Keoghs Sub, Houselog, Donald
A & Julie A, 4823 Peacock St, Dubuque IA
52001, 1025109042, $277.58, Grass, Weeds
And Garbage
2934 Burlington, Lot 71 Mc Daniel's Park Hill,
Hubanks, David M & Karol S, 2934 Burlington
St, Dubuque IA 52001, 1014427002, $165.50,
Grass
230 E 15th, Sub 2-1-47 E. Dub. Add. 1 & 2 Sub 1-
2 Of N 1/2 Of 48 E. Dub. Add. 1 Sub 2 Of N
1/2 Of 48 E.Dub. Add. 2, Burbach, Thomas E
& Mona L, 614 East 22nd St, Dubuque IA
52001, 1024426004, $55.00, Garbage
1609 Washington, Lot 2-N 33'3" Of Lot 82 East
Dubuque Add, Mid-America Property Man-
agement LLC, Po Box 1572, Dubuque IA
52004-1572, 1024268020, $85.00, Garbage
305 Clarke, E 1/2 Of Lot 95 Cox's Add, Bonar-
Arnold, Natalie, 213 Dorm Unit 202, Grand
72 Regular Session, March 2, 2015 Book 145
Forks ND 58207-5301, 1024176031, $125.00,
Grass
533 Rhomberg, Lot 1-22 High St Sub, Mk Invest-
ment Properties LLC, 8282 Turkey Valley Ln,
Dubuque IA 52003, 1024229001, $55.00,
Grass
1905 Loras, Lot 246 Woodlawn Park Add, Kuhle,
Daniel T, 1905 Loras Blvd, Dubuque IA 52001,
1026129010, $145.00, Grass
1523 Adair, Lot 44 Woodlawn Park Add, Nelson,
Travis & Hinderman, Corrine, 2401 Windsor
Ave., Dubuque IA 52001, 1023459008,
$97.00, Grass
410 Kaufmann, Lot 9 & Lot 1-10 Of Lots 138, 140,
& 142 Of L H Langworthy's Add, Spicer, Lynn
A, 2205 Aspen Dr., Dubuque IA 52001,
1024106001, $85.00, Garbage
575 W Locust, Lot 17 Cox's Add 575-577 W
Locust St, JG Investments LLC, 9120 Long
Tail Ln., Dubuque IA 52003, 1024177027,
$35.00, Garbage
2035 Washington, Lot 22 Steiner's Add 2033-2035
Washington, Thielen, Janice J, 2146 North
Main St., Dubuque IA 52001, 1024214017,
$80.00, Garbage
13. Pre-Annexation Agreement - Arbore-
tum Development, LLC: City Manager recom-
mending approval of a Pre-Annexation
Agreement with Arboretum Development, LLC
in conjunction with their request for approval of
a Final Plat in Dubuque County, in accordance
with the City of Dubuque Fringe Area Devel-
opment Standards. Upon motion the docu-
ments were received, filed and Resolution No.
61-15 Approving a Pre-Annexation Agreement
between the City of Dubuque, Iowa and Arbo-
retum Development, LLC was adopted.
RESOLUTION NO. 61-15
APPROVING A PREANNEXATION AGREE-
MENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND ARBORETUM DEVELOPMENT,
LLC
Whereas, Arboretum Development, LLC,
the owner of the following described property
in Dubuque County, Iowa (the Property) has
submitted to the City Council of the City of
Dubuque an application for voluntary annexa-
tion of the Property to the City of Dubuque:
Lot A and Lots 7 through 11, Inclusive, of
Derby Grange No. 3, located in the SE ¼ of
Section 8, T89N, R2E of the 5th P.M. in Dubu-
que County, Iowa; and
Whereas, Arboretum Development, LLC
has entered into a Pre-annexation Agreement
with the City of Dubuque, a copy of which is
attached hereto governing the future annexa-
tion of the Property; and
Whereas, the Property is not subject to an
existing annexation moratorium; and
Whereas, the Property does not include
any state or railroad property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
Dubuque County, Iowa and the extension of
city limits by voluntary annexation; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Dubuque, and will promote efficient and cost
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement
by and between Arboretum Development, LLC
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 2nd day
of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
14. Iowa 32 Trail Phase 3 Notice of Use
Restrictions: City Manager recommending
approval of a Notice of Use Restrictions for the
Iowa 32 Bike/Hike Trail-Phase 3 and authorize
the City Clerk to record the Notice of Use Re-
strictions with the Dubuque County Recorder.
Upon motion the documents were received,
filed and Resolution No. 62-15 Approving the
Notice of Use Restrictions related to Phase 3
of the Iowa 32 Bike/Hike Trail was adopted.
RESOLUTION NO. 62-15
APPROVING THE NOTICE OF USE RE-
STRICTIONS RELATED TO PHASE 3 OF
THE IOWA 32 BIKE/HIKE TRAIL
Whereas, the Iowa Department of Natural
Resources (IDNR) provided the City of Dubu-
que with a Resource Enhancement and Pro-
tection (REAP) grant for construction of Phase
3 of the Iowa 32 (Northwest Arterial) Bike/Hike
Trail; and
Whereas, the City of Dubuque agreed to
abide by all local, state and federal require-
ments applicable to the REAP grant agree-
ment #10-R4-VK with the IDNR for said trail
project; and
Whereas, said REAP grant agreement re-
quires that the City of Dubuque maintain said
project for its designated use as a public trail
for a minimum of twenty-five (25) years.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby agrees
to the terms of the Notice of Use Restrictions
provided by the IDNR for Phase 3 of the Iowa
32 Bike/Hike Trail.
Book 145 Regular Session, March 2, 2015 73
Section 2. The City Clerk hereby is author-
ized to record said Notice of Use Restrictions
with the Dubuque County Recorder.
Passed, approved and adopted this 2nd day
of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
15. Sedgwick - Iowa Values Fund Contract
Amendment: City Manager recommending
approval of an amendment to an Iowa Values
Fund agreement with the Iowa Economic De-
velopment Authority and Sedgwick Claims
Management Service, Inc. Upon motion the
documents were received, filed and Resolution
No. 63-15 Authorizing a Contract Amendment
to the Economic Development Financial Assis-
tance Contract by Sedgwick Claims Manage-
ment Services, Inc., the City of Dubuque, and
the Iowa Department of Economic Develop-
ment was adopted.
RESOLUTION NO. 63-15
AUTHORIZING A CONTRACT AMENDMENT
TO THE ECONOMIC DEVELOPMENT FI-
NANCIAL ASSISTANCE CONTRACT BY
SEDGWICK CLAIMS MANAGEMENT SER-
VICES, INC., THE CITY OF DUBUQUE, AND
THE IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT
Whereas, Sedgwick Claims Management,
Inc. (Sedgwick) and the City of Dubuque (City)
entered into The Economic Development Fi-
nancial Assistance Contract (the Contract) with
the Iowa Economic Development Authority
(IEDA) for the expansion of Sedgwick’s opera-
tions in Dubuque and Bellevue, Iowa; and
Whereas, Sedgwick’s actual project budget
differs from the budget described in the Con-
tract; and
Whereas, the IEDA Board approved revi-
sions to the project budget to reflect actual
costs, effective October 17, 2014; and
Whereas, the parties now desire to amend
the Contract to reflect the actual project budget
as set forth in the attached Contract Amend-
ment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Contract Amendment is
hereby approved.
Section 2.The Mayor is hereby authorized
and directed to execute and the City Manager
is hereby directed to submit the Contract
Amendment to the Iowa Economic Develop-
ment Authority together with such other docu-
ments as may be required.
Passed, approved, and adopted this 2nd
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
16. Tri-State Modelers - Renewal of Lease:
City Manager recommending approval of a
one-year lease agreement with Tri-State Mod-
elers that may be renewed by mutual agree-
ment for four more one-year terms for a sec-
tion of the former Roosevelt Park. Upon mo-
tion the documents were received, filed and
approved.
17. Support Letters for Community Health
Centers 2015: City Manager recommending
approval for the Mayor to sign letters of sup-
port on behalf of Crescent Community Health
Center in support of not cutting Federally Qual-
ified Health Centers funding. Upon motion the
documents were received, filed and approved.
18. Growing Sustainable Communities
Conference contract with Sustainable City
Network: City Manager recommending ap-
proval of a contract with Sustainable City Net-
work, which is owned and operated by Wood-
ward Communications, Inc., to host the 2015
Growing Sustainable Communities Conference
and the registration fee as scheduled. Upon
motion the documents were received, filed and
approved.
19. Federal Communication Commission
(FCC) Franchising Appeal Request: City Man-
ager recommending approval to participate in
the potential appeal of an FCC order which
may open the door for cable operators to de-
duct I-Net support and other in-kind services
from their franchise fee payment. Upon motion
the documents were received, filed and ap-
proved.
20. Timber-Hyrst Subdivision Phase 4
Storm Water Management: City Engineer Gus
Psihoyos providing information regarding Tim-
ber-Hyrst Subdivision storm water manage-
ment concerns. Upon motion the documents
were received, filed.
21. Request for Work Session - Catfish
Creek Watershed Management Authority: City
Manager recommending a work session be set
for April 6, 2015 at 5:30 PM on the Catfish
Creek Watershed Management Plan. Motion
by Connors to receive and file the documents
and dispose of as indicated. Seconded by
Resnick. Motion carried 7-0.
22. Alcohol License Applications: City
Manager recommending approval of annual
liquor, beer, and wine licenses as submitted.
Upon motion the documents were received,
filed and Resolution No. 64-15 Approving ap-
plications for beer, liquor, and/or wine permits,
as required by City of Dubuque Code of Ordi-
nances Title 4 Business and License Regula-
tions, Chapter 2 Liquor Control, Article B Liq-
74 Regular Session, March 2, 2015 Book 145
uor, Beer and Wine Licenses and Permits was
adopted.
RESOLUTION NO. 64-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Dubuque Mining Co., 555 JFK Rd Kennedy
Mall Suite #600, Class C Liquor (Outdoor)
(Sunday)
Mi Ranchito, 1091 University Ave., Class B
Beer
The Clubhouse, 2364 Washington St., Class C
Liquor (Sunday)
Yardarm Restaurant/ Bar, 1201 Shiras Ave-
nue, Extension, Class C Liquor (Outdoor)
(Sunday)
New
The Smokestack, 62 East 7th St., Class C
Liquor (Living Quarters) (Sunday)
Hy-Vee Market Café #3, 400 Locust St., Class
C Liquor (Sunday)
Special Event
Joliet Building Corporation, 781 Locust St,
Adding Outdoor Service
Passed, approved and adopted this 2nd day
of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the Resolutions, set the
public hearings as indicated, and direct the
City Clerk to publish notice as prescribed by
law. Seconded by Connors. Motion carried 7-
0.
1. SRF Green Alley Project Bid Set 7 -
Year 1: City Manager recommending that a
public hearing be set for April 6, 2015 for pre-
liminary approval of the construction plans and
specifications, approval of the Resolution of
Necessity, approval of the Preliminary Sched-
ule of Assessments and initiation of the public
bidding process for the SRF Green Alley Bid
Set 7 - Year 1 Project. Upon motion the docu-
ments were received, filed and Resolution No.
65-15 Preliminary Approval of plans, specifica-
tions, form of contract, and estimated cost;
setting date of public hearing on plans, specifi-
cations, form of contract, and estimated cost;
and ordering the advertisement for bids and
Resolution No. 66-15 Approval of the plats,
schedule of assessments and estimate of total
cost for the SRF Green Alley Bid Set 7 - Year
1 Project and Resolution No. 67-15 of Neces-
sity for the SRF Green Alley Big Set 7 - Year 1
Project and Resolution No.68-15 Fixing date of
public hearing on the Resolution of Necessity
were adopted. A public hearing is set for a
meeting to commence at 6:30 p.m. on April 6,
2015 in the Historic Federal Building.
RESOLUTION NO. 65-15
SRF GREEN ALLEY BID SET 7 YEAR 1
PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the SRF Green
Alley Bid Set 7 – Year 1 Project in the estimat-
ed amount $271,763.75, are hereby prelimi-
narily approved and ordered filed in the office
of the City Clerk for public inspection.
A public hearing will be held on the 6th day
of April, 2015, at 6:30 p.m. in the Historic Fed-
eral Building Council Chambers at which time
interested persons may appear and be heard
for or against the proposed plans and specifi-
cations, 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 pub-
lished in a newspaper having general circula-
tion 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 con-
tract, or estimated cost of the Project.
Book 145 Regular Session, March 2, 2015 75
The SRF Green Alley Bid Set 7 – Year 1
Project is hereby ordered to be advertised for
bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements herein provided, by publishing the
attached Notice to Bidders to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published not less than four but not more than
forty-five days before the date for filing bids
before 2:00 p.m. on the 9th day of April, 2015.
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
20th day of April, 2015, in the Historic Federal
Building Council Chambers (second floor), 350
West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 2nd day
of March, 2015
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESLOUTION NO. 66-15
APPROVING THE PLATS, SCHEDULE OF
ASSESSMENTS AND ESTIMATE OF TOTAL
COST FOR THE SRF GREEN ALLEY BID
SET 7 - YEAR 1 PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plats, schedule of as-
sessments, and estimate of total cost for the
SRF Green Alley Bid Set 7 – Year 1 Project
are hereby approved.
Passed, approved and adopted this 2nd day
of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant. City Clerk
RESOLUTION NO. 67-15
RESOLUTION OF NECESSITY FOR THE
SRF GREEN ALLEY BID SET 7 - YEAR 1
PROJECT
Whereas, the plat, schedule of assess-
ments, and estimate of total cost for the SRF
Green Alley Bid Set 7 – Year 1 Project have
been duly prepared and approved by the City
Council of the City of Dubuque and ordered
placed on file in the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOW A:
The SRF Green Alley Bid Set 7 - Year 1
Project will provide: Reconstruction of Three
(3) alleys using interlocking concrete pavers
Reconstruction of the pavement surface
with interlocking concrete pavers.
Installation of concrete pavement to hold
bricks in place.
Installation of concrete street headers and
driveway headers
Installation of ADA detectible warning pan-
els and miscellaneous sidewalk at alley cross-
ings.
There is on file in the office of the City
Clerk an estimated total cost of the work, and
a preliminary plat and schedule showing the
amount proposed to be assessed to each lot
for the improvement.
The date, time, and place the council will
hear property owners subject to the assess-
ment and interested parties for or against the
improvement, its cost, the assessment, or the
boundaries of the district:
That the City Council deems it advisable
and necessary for the public welfare to make
the herein mentioned improvements.
Unless a property owner files objections
with the City Clerk at the time of hearing on the
resolution of necessity, the property owner is
deemed to have waived all objections pertain-
ing to the regularity of the proceeding and the
legality of using the special assessment pro-
cedure.
Said improvements shall be constructed in
accordance with the plans and specifications
which have been approved by the City Council
and are now on file in the Office of the City
Clerk. The cost of making such improvement
will be assessed against property lying with the
assessment limits.
The above resolution was introduced, ap-
proved and ordered placed on file with the
City Clerk this 2nd day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 68-15
FIXING DATE OF PUBLIC HEARING ON
RESOLUTION OF NECESSITY
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary ap-
proval to the plat, schedule of assessments,
and estimated total cost for the SRF Green
Alley Bid Set 7 – Year 1 Project and ordered
the plat, schedule of assessments, and esti-
mate of total cost placed on file in the Office of
the City Clerk; and
Whereas, the proposed Resolution of Ne-
cessity for Project has been introduced and is
now on file in the Office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Council will meet on the 6th day of
April, 2015, at 6:30 p.m. in the Historic Federal
Building Council Chambers (second floor), 350
West 6th Street, Dubuque, Iowa. at which time
the owners of property subject to assessment
for the proposed improvement or any other
76 Regular Session, March 2, 2015 Book 145
person having an interest in the matter may
appear and be heard for or against the making
of the improvement, the boundaries of the dis-
trict, the cost, the assessment against any lot,
or the final adoption of a resolution of necessi-
ty.
A property owner will be deemed to have
waived all objections unless at the time of
hearing the property owner has filed objections
with the City Clerk.
The City Clerk be and is hereby authorized
and directed to cause a notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published once each week for two consecutive
weeks, the first publication of which shall be
not less than ten days prior to the day fixed for
its consideration.
Passed, adopted and approved this 2nd day
of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. Maquoketa Valley Electric Cooperative
Franchise Agreement: City Attorney recom-
mending that a public hearing be set for March
12, 2015 amending the City of Dubuque Code
of Ordinances Section 11-5B-23, by increasing
the franchise fee to 5% of the gross revenue
generated from the sale of electricity within the
city by Maquoketa Valley Electric Cooperative.
Upon motion the documents were received,
filed and Resolution No. 69-15 Setting a public
hearing on an Amendment to City of Dubuque
Code of Ordinances Sec. 11-5B-23: Franchise
Fee, which imposed a franchise fee of three
percent (3%) on the gross revenue generated
from the distribution and sale of electricity by
Maquoketa Valley Electric Cooperative within
the City of Dubuque, by increasing such fee to
five percent (5%) was adopted setting a public
hearing for a meeting to commence at 6:30
p.m. on March 12, 2015 in the Historic Federal
Building.
RESOLUTION NO. 69-15
SETTING A PUBLIC HEARING ON AN
AMENDMENT TO CITY OF DUBUQUE
CODE OF ORDINANCES SEC. 11-5B-23:
FRANCHISE FEE, WHICH IMPOSED A
FRANCHISE FEE OF THREE PERCENT
(3%) ON THE GROSS REVENUE GENER-
ATED FROM THE DISTRIBUTION AND
SALE OF ELECTRICITY BY MAQUOKETA
VALLEY ELECTRIC COOPERATIVE WITHIN
THE CITY OF DUBUQUE, BY INCREASING
SUCH FEE TO FIVE PERCENT (5%)
Whereas, City of Dubuque Ordinance No.
20-04 (City of Dubuque Code of Ordinances
Title 11, Chapter 5B), adopted by the City
Council on the 5th day of April, 2004, granted
to Maquoketa Valley Electric Cooperative, its
successors and assigns (hereinafter referred
to collectively as the Company), nonexclusive
authority through October 3, 2018, to maintain
and operate its electrical system within the
limits of the city of Dubuque; and
Whereas, City of Dubuque Code of Ordi-
nances §11-5B-23 imposes a franchise fee
equal to three percent (3%) of the gross reve-
nue of the Company generated from the sale
of electricity within the city of Dubuque; and
Whereas, the City Council has determined
that it is in the best interests of the City of
Dubuque to increase such franchise fee to five
percent (5%); and
Whereas, Iowa law requires that the City
Council hold a public hearing on the question
of the adoption of an Ordinance amending the
Franchise Agreement, a copy of which is at-
tached hereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF DUBUQUE, IO-
WA AS FOLLOWS:
Section 1. A public hearing on the question
of the adoption of the attached Ordinance
amending Section 11-5B-23 of the City of
Dubuque Code of Ordinances is hereby set for
the 12th day of March, 2015 in the City Council
Chambers, Historic Federal Building, 350 West
6th Street, Dubuque, Iowa beginning at 6:30
p.m.
Section 2. The City Council hereby dis-
penses with an election on the adoption of the
Ordinance as provided by Iowa Code sec.
364.2(4)(b).
Section 3. The City Clerk shall publish no-
tice of the public hearing as required by law.
Passed, approved and adopted the 2nd day
of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
BOARDS/COMMISSIONS
Applications to the following
Boards/Commissions were reviewed. Appli-
cants were invited to address the City Council
on their respective appointment.
Library Board of Trustees (MAYOR AP-
POINTMENT): One, 4 Year term through July
1, 2016 (Vacant term of Anderson-Bricker)
Applicants: Tom Hamilton, 982 Center Pl., Pat
Maddux, 1685 Fox Dr., Christina Monk, 2005
N. Main St.
Ms. Monk, Mr. Hamilton and Mr. Maddux
spoke in support of their individual appoint-
ment. Additional applicant Angela Allred spoke
in support of her appointment.
Mechanical Code Board: One, 3 year term
through March 16, 2018 (Expiring term of
Valaskey) Applicant: Corey Valaskey, 1385
Alta Vista
Book 145 Regular Session, March 2, 2015 77
Appointment was made to the following
Commission.
Investment Oversight Advisory Commis-
sion: One, 3 year term through July 1, 2015
(Vacant term of Runde) Applicant: Rachael
Ferraro, 2538 Jackson St. Motion by Connors
to appoint Rachael Ferraro to a 3-year term
through July 1, 2015. Seconded by Jones.
Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the following items:
1. Sale of City-Owned Property - 1318
Jackson Street: Proof of publication on notice
of public hearing to approve the sale of City-
Owned property located at 1318 Jackson
Street to Alison G. Levasseur and Shane P.
Lenane and the City Manager recommending
approval. Motion by Jones to receive and file
the documents and adopt Resolution No. 70-
15 Approving the sale of real estate specifical-
ly North Half of Lot 56 in East Dubuque an
Addition to the City of Dubuque, Iowa Accord-
ing to the recorded plat thereof - 1318 Jackson
Street. Seconded by Resnick. Motion carried
7-0.
RESOLUTION NO. 70-15
APPROVING THE SALE OF REAL ESTATE
SPECIFICALLY NORTH HALF OF LOT 56 IN
EAST DUBUQUE AN ADDITION TO THE
CITY OF DUBUQUE, IOWA ACCORDING TO
THE RECORDED PLAT THEREOF - 1318
JACKSON STREET
Whereas, pursuant to a notice, duly pub-
lished in the Telegraph Herald newspaper, the
City Council of Dubuque, Iowa met on Febru-
ary 16, 2015, in the Dubuque Historic Federal
Building, 350 West 6th Street, Dubuque, Iowa
to consider the proposal to dispose of City-
owned real estate located at 1318 Jackson
Street; and
North half of Lot 56 in East Dubuque an
Addition to the City of Dubuque, Iowa accord-
ing to the recorded plat thereof; and
Whereas, qualifying homebuyers, Alison G.
Levasseur and Shane P. Lenane, have signed
an offer to purchase and have obtained financ-
ing from a local lender; and
Whereas, the City Council of the City of
Dubuque, Iowa has overruled any and all ob-
jections, oral and written, to the proposal to
dispose of the interest of the City of Dubuque,
Iowa in the herein and above-named real es-
tate to the above-named grantee.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the sale of the following legally- de-
scribed property:
North half of Lot 56 in East Dubuque an Addi-
tion to the City of Dubuque, Iowa according to
the recorded plat thereof; at the cost of One
Hundred Five Thousand Dollars ($105,000).
Section 2. That the City of Dubuque be and
is hereby authorized to provide a Warranty
Deed to the buyer, conveying the City’s inter-
est to Alison G. Levasseur and Shane P. Le-
nane for the herein-described real estate.
Section 3. That the City Clerk be and she
is hereby authorized and directed to cause
said Warranty Deed to be recorded in the Of-
fice of the Dubuque County Recorder.
Passed, Approved and Adopted this 2nd day of
March, 2015.
Roy D Buol, Mayor
Attest: Trish Gleason, Assistant City Clerk
Upon motion the rules were reinstated limiting
discussion to the City Council
ACTION ITEMS
1. Greater Dubuque Development Corpo-
ration - Quarterly Update: President and CEO
Rick Dickinson to present the quarterly update
on the activities of the Greater Dubuque De-
velopment Corporation. Motion by Lynch to
receive and file the documents and listen to
presentation. Seconded by Resnick. Mr. Dick-
inson responded to questions from Council
member Resnick. Motion carried 7-0.
2. SRF Green Alley Project Bid Set 3 -
Year 2 Award: City Manager recommending
award of the SRF Green Alley Bid Set 3 –
Year 2 Project construction contract to the low
bidder Portzen Construction. Motion by Con-
nors to receive and file the documents and
adopt Resolution No. 71-15 Awarding Public
Improvement Contract for the SRF Green Alley
Bid Set 3 - Year 2 Project. Seconded by Braig.
Civil Engineer Jon Dienst responded to ques-
tions from Council member Connors. Motion
carried 7-0.
RESOLUTION NO. 71-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE SRF GREEN ALLEY BID
SET 3 – YEAR 2 PROJECT
Whereas, sealed proposals have been
submitted by contractors for the SRF Green
Alley Bid Set 3 – Year 2 Project (the Project)
pursuant to Resolution No. 21-15 and Notice
to Bidders published in a newspaper published
in the City of Dubuque, Iowa on the 23rd day
of January, 2015.
Whereas, said sealed proposals were
opened and read on the 19th day of February,
2015, and it has been determined that Portzen
78 Regular Session, March 2, 2015 Book 145
Construction of Dubuque, Iowa with a bid in
the amount of $1,475,768.50, 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 Portzen Con-
struction and the City Manager is hereby di-
rected to execute a Public Improvement Con-
tract on behalf of the City of Dubuque for the
Project.
Passed, approved and adopted this 2nd day
of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
3. SRF Green Alley Project Bid Set 6 Year
- 1 Award: City Manager recommending award
of the SRF Green Alley Bid Set 6 – Year 1
Project construction contract to the low bidder
Drew Cook & Sons Excavating. Motion by
Connors to receive and file the documents and
adopt Resolution No. 72-15 Awarding the Pub-
lic Improvement Contract for the SRF Green
Alley Bid Set 6 - Year 1 Project. Seconded by
Jones. Motion carried 7-0.
RESOLUTION NO. 72-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE SRF GREEN ALLEY BID
SET 6 – YEAR 1 PROJECT
Whereas, sealed proposals have been
submitted by contractors for the SRF Green
Alley Bid Set 6 – Year 1 Project (the Project)
pursuant to Resolution No. 25-15 and Notice
to Bidders published in a newspaper published
in the City of Dubuque, Iowa on the 23rd day
of January, 2015.
Whereas, said sealed proposals were
opened and read on the 19th day of February,
2015, and it has been determined that Drew
Cook & Sons Excavating of Dubuque, Iowa
with a bid in the amount of $284,934.20, 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 &
Sons Excavating and the City Manager is
hereby directed to execute a Public Improve-
ment Contract on behalf of the City of Dubu-
que for the Project.
Passed, approved and adopted this 2nd day
of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
4. Environmental Protection Agency (EPA)
PM Advance Path Forward: City Manager rec-
ommending approval of the revised Path For-
ward for submittal to the Environmental Pro-
tection Agency’s PM Advance Program. Mo-
tion by Lynch to receive and file the docu-
ments and approve the recommendation. Se-
conded by Connors. Sustainable Community
Coordinator Cori Burbach responded to ques-
tions from council. Council person Braig read
into the record an email from citizen Paul
Schultz. Motion carried 7-0.
PUBLIC INPUT
Jacob Long, 4604 Cardinal Dr., addressed
the council stating his concerns regarding the
cities credit rating as well as the upcoming
budget discussions.
Allen Troupe, 2003 Key Way Apt. 2, ad-
dressed the council regarding the cost of
cleanup of a vandalized parking ramp as well
as the increase in inspection fees.
CLOSED SESSION
Property Acquisition –
Code of Iowa Chapter 21.5 (1)(j)
Motion by Jones to convene in closed ses-
sion at 7:12 p.m. to discuss property acquisi-
tion pursuant to Chapter 21.5(1)(j) of the Code
of Iowa. Seconded by Resnick. Motion car-
ried7-0.
Upon motion the City Council reconvened
in open session at 7:42 p.m. stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 7:43 p.m.
/s/Trish L. Gleason, CMC, Assistant City Clerk
Book 145 Special Sessions, March 3 and 5, 2015 79
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:30 p.m. on March 3, 2015 in the
Historic Federal Building.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sutton
(arrived at 6:32 pm); City Manager Michael
Van Milligen
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City depart-
mental Fiscal Year 2016 budgets.
FISCAL YEAR 2016 DEPARTMENTAL
BUDGET REVIEW
Fiscal Year 2016 City departmental budg-
ets were presented by staff from the following
departments:
Health Services: Public Health Specialist
Mary Rose Corrigan
Public Input: Executive Director of Cres-
cent Community Health Center Julie Wood-
yard spoke thanking the council for their con-
tinued support for Crescent Community Health
Center.
Emergency Management: Dubuque Coun-
ty Emergency Management Director Tom Ber-
ger
Emergency Communications: Emergency
Communications Manager Mark Murphy
Public Input: Mary Mabusth 713 Lincoln
Ave. read an email from her brother John Cal-
lahan who could not attend the meeting. The
email expressed concerns regarding the need
for more 911 dispatchers.
Police: Police Chief Dalsing
Fire: Fire Chief Rick Steines
City Manager Van Milligen requested
Council accept his withdrawing of the recom-
mendation for transport services outside of
Dubuque and explained how the withdrawal of
the recommendation would affect the budget
process.
Public Input: Andy Ney, 5070 Wolff Rd.,
thanked the City Manager for withdrawing the
recommendation and thanked the Council for
all their hard work and having the best interest
of the city at heart.
City Council had discussion with depart-
ments following each presentation.
There being no further business, upon motion
the City Council adjourned at 8:47 p.m.
/s/Trish L. Gleason, CMC, Assistant City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:30 p.m. on March 5, 2015 in the
Historic Federal Building.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Michael Van Milligen
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City depart-
mental Fiscal Year 2016 budgets.
FISCAL YEAR 2016 DEPARTMENTAL
BUDGET REVIEW
Fiscal Year 2016 City departmental budg-
ets were presented by staff from the following
departments:
Water Department: Water Plant Manager
Bob Green
City Manager Van Milligen referenced a
printed document entitled Fiscal Year 2016
Recommended Budget, Issues Impacting the
City Budget and how it explains budgetary
concerns and recommendations. He went on
to give more details on the rate increases for
water and sewer.
Water & Resource Recovery Center:
W&RRC Manager Jonathan Brown
Public Input: Paul Schultz, 1008 Victoria,
spoke in support of the creation of an Envi-
ronmental Coordinator position.
Public Works: Public Works Director Don
Vogt, Street Maintenance Supervisor John
Klostermann and Resource Management In-
tern Anderson Sainci
Public Input: Paul Schultz, 1008 Victoria,
encourages better public input to decision
making processes.
Engineering: City Engineer Gus Psihoyos,
Assistant City Engineer Bob Schiesl, Civil En-
gineer Deron Muehring, and Environmental
Engineer Denise Ihrig
Engineering Technician Duane Richter re-
sponded to traffic light synchronization ques-
tions from Council Member Resnick
City Council had discussion with depart-
ments following each presentation.
There being no further business, upon motion
the City Council adjourned at 9:06 p.m.,
/s/Trish L. Gleason, CMC, Assistant City Clerk
80 Special Session March 12, 2015 Book 145
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:30 p.m. on March 12, 2015 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 special session of the City Council called for
the purpose of conducting such business that
may properly come before the City Council.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the following items.
1. Maquoketa Valley Electric Cooperative
Franchise Agreement: Proof of publication on
notice of public hearing to consider Amending
City of Dubuque Code of Ordinances Sec. 11-
5B- 23: Franchise Fee by increasing the fran-
chise fee to 5% of the gross revenue generat-
ed from the sale of electricity within the city by
Maquoketa Valley Electric Cooperative effec-
tive June 1, 2015 and the City Attorney rec-
ommending approval. Motion by Lynch to re-
ceive and file the documents and that the re-
quirement 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
Connors. Motion carried 6-1 with Resnick vot-
ing nay.
Motion by Lynch for final consideration and
passage of Ordinance No. 13-15 Amending
City of Dubuque Code of Ordinances Sec. 11-
5B-23: Franchise Fee, Which Imposed a Fran-
chise Fee of Three Percent (3%) on the Gross
Revenue Generated from the Distribution and
Sale of Electricity Within the City of Dubuque
by Maquoketa Valley Electric Cooperative, by
increasing such fee to five percent (5%). Se-
conded by Jones. Motion carried 6-1 with
Resnick voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 13-15
AMENDING CITY OF DUBUQUE CODE
OF ORDINANCES SEC. 11-5B-23: FRAN-
CHISE FEE, WHICH IMPOSED A FRAN-
CHISE FEE OF THREE PERCENT (3%) ON
THE GROSS REVENUE GENERATED FROM
THE DISTRIBUTION AND SALE OF ELEC-
TRICITY WITHIN THE CITY OF DUBUQUE
BY MAQUOKETA VALLEY ELECTRIC CO-
OPERATIVE, BY INCREASING SUCH FEE
TO FIVE PERCENT (5%)
Whereas, City of Dubuque Ordinance No.
20-04 (City of Dubuque Code of Ordinances
Title 11, Chapter 5B), adopted by the City
Council on the 5th day of April, 2004, granted
to Maquoketa Valley Electric Cooperative, its
successors and assigns (hereinafter referred
to collectively as the Company), nonexclusive
authority through October 3, 2018, to maintain
and operate its electrical system within the
limits of the city of Dubuque; and
Whereas, City of Dubuque Code of Ordi-
nances §11-5B-23 imposed a franchise fee
equal to three percent (3%) of the gross reve-
nue of the Company generated from the sale
of electricity within the city of Dubuque; and
Whereas, the City Council has determined
that it is in the best interests of the City of
Dubuque to increase such franchise fee to five
percent (5%).
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordi-
nances § 11-5B-23 is hereby amended to read
as follows:
11-5B-23: FRANCHISE FEE
Effective June 1, 2015, and for the term of
the franchise, the company shall pay to the city
a fee equal to five percent (5%) of the gross
revenue generated from the sale of electricity
within the city. The city shall provide the com-
pany with a map depicting its current corporate
boundaries and shall notify the company of
any changes to the same.
The company shall on the fifteenth day of
each month, commencing May 15, 2004, pro-
vide to the city manager in a form acceptable
to the company and the city manager records
establishing the gross revenues from the sale
of electricity by the company within the city of
Dubuque for the preceding month and shall
pay the fee to the city within thirty (30) days
following the last day of the preceding month.
Effective July 1, 2013, the fee imposed by
section 23 of ordinance 20-04, as amended by
ordinance 9-10, shall not apply to any sale of
electricity by the company that is exempt un-
der Iowa Code section 423.3 from the tax im-
posed by Iowa Code section 423.2 and in
computing the amount of the fee, the company
shall not include such sales, unless it is im-
practicable to do so, in which event the city
manager shall provide a rebate of the amount
of the fee for such exempt sales of electricity
to company's customers provided a written
request is submitted by a customer to the city
manager in the city's fiscal year (July 1 - June
30) in which the customer pays such fees. Any
Book 145 Special Session March 12, 2015 81
rebate of franchise fees which may have been
available under any prior amendment or ordi-
nance which was not paid prior to July 1, 2013,
is declared void and any claim for any such
rebate shall not be honored or paid by the city.
The city council reserves the right by
amendment to this article to increase or de-
crease the amount of such franchise fee as it
determines to be in the public interest.
Section 2. This Ordinance shall take effect
upon publication. Passed, approved and
adopted the 16th day of March, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of March, 2015.
Attest: /s/Trish L. Gleason, Assistant City Clerk
2. City of Dubuque Fiscal Year 2016 Rec-
ommended Budget: Proof of publication on
notice of public hearing to consider approval of
the Fiscal Year 2016 Recommended Operat-
ing Budget and Capital Improvement Program
(July 1, 2016 through June 30, 2020) and the
City Manager recommending approval. Corre-
spondence from the Long Range Planning
Advisory Commission recommending approval
of the Fiscal Year 2016-2020 Capital Im-
provement Program advising that it is con-
sistent with the 2008 Dubuque Comprehensive
Plan. Motion by Jones to receive and file the
documents and adopt Resolution No.73-15
Adopting the City of Dubuque Fiscal Year
2016 Annual Budget and Resolution No. 74-15
Adopting the City of Dubuque Five-Year Capi-
tal Improvement Program. Seconded by Braig.
City Manager presented information on the
City Council’s goals and priorities, Dubuque’s
economic history, Dubuque’s ranking among
Iowa’s 10 largest cities, outcomes in terms of
job growth, wages and income, utility user fees
and rates, city portion of property taxes, and
landlord inspection fees. Mayor Buol called for
public input on City departmental budgets in
the following order: Housing/Community De-
velopment, Purchases of Service, Library,
Emergency Services, Emergency Communica-
tions, Economic Development, City Manager's
Office, City Council, City Clerk's Office, Cable
TV Division, Information Services, Planning
Services, Finance Department, Human Rights
Department, Airport, City Attorney's Office,
Transit Division, Parking Division, Park Divi-
sion, Recreation Division, Five Flags Center,
Conference Center/CRG, Building Services,
Health Services, Police Department, Fire De-
partment, Water Department, W ater & Re-
source Recovery Center, Public W orks, Engi-
neering Department, Capital Improvement
Program.
Public Input: Jerry Maro President Dubu-
que Area Landlord Association, 10366 Timothy
St. spoke regarding the increase in inspection
fees. Ann Smith, 418 Kaufmann Ave. spoke
regarding the rental fees for landlords who rent
to family members. Alex Wehrspann, 1388
Thomas Pl. spoke regarding the increase in
fees. Helene Magee, 611 South Grandview
spoke regarding gambling revenues.
Council Member discussion occurred. Mo-
tion carried 6-1 with Resnick voting nay.
RESOLUTION NO. 73-15
ADOPTING THE CITY OF DUBUQUE FIS-
CAL YEAR 2016 ANNUAL BUDGET AS
AMENDED
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the annual budget for the
fiscal year ending June 30, 2016, as set forth
in the Adoption of Budget and Certification of
Taxes and supporting state budget forms
showing the revenue estimates and appropria-
tion expenditures and allocations to programs
and activities for said fiscal year, is adopted.
Section 2. The City Clerk is directed to
make the filings required by law. Passed, ap-
proved and adopted this 12th day of March,
2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 74-15
ADOPTING THE CITY OF DUBUQUE FIVE
YEAR CAPITAL IMPROVEMENT PROGRAM
Whereas, a recommended five year Capi-
tal Improvement Program for the period begin-
ning July 1, 2015, and ending June 30, 2020,
for the City of Dubuque has been prepared
and submitted to the City Council; and
Whereas, the five year Capital Improve-
ment Program describes specific capital im-
provement projects, provides estimated costs
for those projects, proposes sources of funds
for each of them, and schedules the year dur-
ing which each project will be undertaken; and
Whereas, the capital improvement projects
for the first year are included in the Fiscal Year
2016 budget for the City of Dubuque; and
Whereas, the five year Capital Improve-
ment Program will be reconsidered annually by
the City Council and appropriately revised; and
Whereas, the adoption of the five year
Capital Improvement Program is a prudent
measure to provide continuity of programs and
is in the best interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the five year Capital Im-
provement Program for the period beginning
July 1, 2015, set out in the Fiscal Year 2016-
2020 Recommended Capital Improvement
Budget as amended, is hereby approved and
adopted as the proposed allocation of City
82 Special Session March 12, 2015 Book 145
resources for capital improvements as sched-
uled in the years shown, subject to annual
review and revision.
Passed, approved and adopted this 12th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Code of Ordinances Amendment - Inter-
state Power and Light Company: Motion by
Jones to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Braig. Motion carried 6-
1 with Resnick voting nay.
Motion by Jones for final consideration and
passage of Ordinance No. 14-15 Amending
and Restating Ordinance No. 58-03 Establish-
ing a Franchise Fee on the Gross Revenue of
Interstate Power Company, Its Successors
and Assigns, Generated From the Sale of
Electricity within the City of Dubuque by In-
creasing the Franchise Fee to 5%. Seconded
by Braig. Motion carried 6-1 with Resnick vot-
ing nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 14-15
AMENDING AND RESTATING ORDI-
NANCE NO. 58-03 ESTABLISING A FRAN-
CHISE FEE ON THE GROSS REVENUE OF
INTERSTATE POWER COMPANY, ITS
SUCCESSORS AND ASSIGNS, GENERAT-
ED FROM THE SALE OF ELECTRICITY
WITHIN THE CITY OF DUBUQUE BY IN-
CREASING THE FRANCHISE FEE TO 5%
Whereas, Ordinance No, 58-03, as
amended by Ordinance No’s. 75-03, 7-10, and
6-14 established a franchise fee of 3% on the
gross revenue of Interstate Power Company,
its successors and assigns, generated from
the sale of electricity in the City of Dubuque;
and
Whereas, Interstate Power and Light
Company (the Company) is a successor to
Interstate Power Company; and
Whereas, Ordinance No. 01-15 authorizes
the City Council to impose a franchise fee up
to the amount allowed by Iowa law upon such
gross revenue; and
Whereas, the City Council finds it is in the
best interests of the City of Dubuque to impose
a franchisee fee of 5%.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Ordinance No. 58-03, as amended by
Ordinance No’s. 75-03, 7-10, and 6-14 is
amended and restated as follows:
Section 1. Effective June 1, 2015, and for
the term of the franchise granted by Ordinance
No. 1-15, there is hereby imposed upon the
Company a fee equal to five percent (5%) of
the gross revenue generated from the sale of
electricity within the City of Dubuque.
Section 2.The Company shall on the
fifteenth day of each month, commencing
November 15, 2003, provide to the City
Manager in a form acceptable to the City
Manager records establishing the gross
revenues from the sale of electricity by the
Company within the City of Dubuque for the
preceding month and shall pay the fee to the
City within thirty (30) days following the last
day of the preceding month.
Section 3.
(1) Effective July 1, 2013, the fee imposed
by Section 1 of Ordinance No. 58- 03, as
amended by Ordinance No. 7-10, shall not
apply to any sale of electricity by the Company
that is exempt under Iowa Code Section 423.3
from the tax imposed by Iowa Code Section
423.2 and in computing the amount of the fee,
the Company shall not include such sales,
unless it is impracticable to so, in which event
the City Manager shall provide a rebate of the
amount of the fee for such exempt sales of
electricity to Company’s customers provided a
written request is submitted by a customer to
the City Manager in the City’s fiscal year (July
1 – June 30) in which the customer pays such
fees.
(2) Any rebate of franchise fees which may
have been available under any prior
amendment or ordinance which was not paid
prior to July 1, 2013, is declared void and any
claim for any such rebate shall not be honored
or paid by the city.
This ordinance takes effect upon
publication.
Passed, approved and adopted the 12th
day of March, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of March, 2015.
Attest: /s/Trish L. Gleason, Assistant City Clerk
2. Code of Ordinances Amendment - Black
Hills Energy: 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 6-1 with Resnick voting
nay.
Motion by Connors for final consideration
and passage of Ordinance No. 15-15
Book 145 Special Session March 12, 2015 83
Amending and Restating Ordinance No. 59-03,
as Amended by Ordinance Nos. 76-03, 8-10,
7-14 Establishing a Franchise Fee of 3% of the
Gross Revenue of Peoples Natural Gas
Company, its Successors and Assigns,
Generated from the Distribution and Sale of
Natural Gas or Mixed Gas Within the City of
Dubuque by increasing the franchise fee to
5%. Seconded by Braig. Motion carried 6-1
with Resnick voting nay.
OFFIBIAL PUBLICATION
ORDINANCE NO. 15-15
AMENDING AND RESTATING ORDINANCE
NO. 59-03, AS AMENDED BY ORDINANCE
NOS. 76-03, 8-10, 7-14 ESTABLISHING A
FRANCHISE FEE OF 3% OF THE GROSS
REVENUE OF PEOPLES NATURAL GAS
COMPANY, ITS SUCCESSORS AND
ASSIGNS, GENERATED FROM THE
DISTRIBUTION AND SALE OF NATURAL
GAS OR MIXED GAS WITHIN THE CITY OF
DUBUQUE BY INCREASING THE
FRANCHISE FEE TO 5%
Whereas, Ordinance No. 59-03, as
amended by Ordinance Nos. 76-03, 8-10, and
7-14, established a franchise fee of 3% of the
gross revenue of Peoples Natural Gas
Company, its successors and assigns,
generated from the sale of natural gas and
mixed gas within the City of Dubuque; and
Whereas, Black Hills/Iowa Gas Utility
Company, LLC d/b/a Black Hills Energy (the
Company) is a successor to Peoples Natural
Gas Company; and
Whereas, Ordinance No. 02-15 authorizes
the City Council to impose a franchise fee not
to exceed 5% on the gross revenue of the
Company generated from the sale of natural
and mixed gas within the City; and
Whereas, the City Council finds that it is in
the best interests of the City of Dubuque to
impose a franchise fee of 5%.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Ordinance No. 59-03, as amended by
Ordinance Nos. 76-03, 8-10, and 7-14 is
amended and restated as follows:
Section 1. Effective June 1, 2015, and for
the term of the franchise granted to the
Company, there is hereby imposed upon the
Company a fee equal to five percent (5%) of
the gross revenue generated from the sale,
distribution, or transportation of natural and
mixed gas of Company within the City of
Dubuque.
Section 2. Effective July 1, 2013, the fee
imposed by Section 1 of Ordinance No. 59-03,
as amended by Section 1 of Ordinance No.
76-03 and Section 1 of Ordinance No. 8-10,
shall not apply to any sale, distribution, or
transportation of natural and mixed gas by the
Company that is exempt under Iowa Code
Sec. 423.3 from the tax imposed by Iowa Code
Sec. 423.2 and in computing the amount of the
fee, the Company shall not include such sales,
distribution, or transportation unless it is
impracticable to so, in which event the City
Manager shall provide a rebate of the amount
of the fee for such exempt sales of natural and
mixed gas to Company’s customers provided a
written request is submitted by a customer to
the City Manager in the City’s fiscal year (July
1 – June 30) in which the customer pays such
fees.
This ordinance takes effect upon
publication.
Passed, approved and adopted the 12th
day of March, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of March, 2015.
Attest: /s/Trish L. Gleason, Assistant City Clerk
3. Five Year Street Construction Program
2016 – 2020: Motion by Braig to receive and
file the documents and adopt Resolution No.
75-15 Adopting the Five-Year Street
Construction Program for fiscal years 2016 -
2020 Seconded by Resnick. Motion carried 7-
0.
RESOLUTION NO. 75-15
ADOPTING THE FIVE-YEAR STREET
CONSTRUCTION PROGRAM FOR FISCAL
YEARS 2016 - 2020
Whereas, a recommended Five-Year
Street Construction Program for the Fiscal
Year 2016 - 2020 beginning July 1, 2015 and
ending June 30, 2020, for the City of Dubuque
has been prepared and submitted to the City
Council; and
Whereas, the Five-Year Street
Construction Program: 1) describes specific
capital improvement projects; 2) provides
estimated costs for those projects; 3) proposes
sources of funding; and 4) schedules the
fiscal/calendar year during which each project
will be undertaken; and
Whereas, the capital improvement projects
for the first year of such five-year program are
included in the Fiscal Year 2016 budget; and
Whereas, the adoption of the Five-Year
Street Construction Program is a prudent
measure to provide continuity of programs and
is in the best interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Five-Year Street
Construction Program for Fiscal Years 2016 –
2020 beginning July 1, 2015, set out in the
Fiscal Years 2016 – 2020 recommended
Capital Improvement Budget, is hereby
84 Special Session March 12, 2015 Book 145
approved and adopted as the proposed
allocation of City resources for capital
improvements as scheduled in the years
shown, subject to annual review and revision.
Passed, adopted and approved this 12th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant. City Clerk
4. Code of Ordinances Amendment - Title
13 Sewer Rates for Residential and
Commercial Users: Motion by Jones to receive
and file the documents and that the
requirement that a proposed ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by
Braig. Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 16-15 Amending
the City of Dubuque Code of Ordinances
Sections 13-2C- 3(B) And 13-2C-3(C)(7)
Establishing Basic Sewer Rates for Residential
and Commercial Users by increasing the rates.
Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 16-15
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES SECTIONS 13-2C-3(B)
AND 13-2C-3(C)(7) ESTABLISHING BASIC
SEWER RATES FOR RESIDENTIAL AND
COMMERCIAL USERS BY INCREASING
THE RATES
NOW, THEREFORE, BE IT ORDAINED
BY ATHE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13-2C-3(B) of the City of
Dubuque Code of Ordinances is amended to
read as follows:
Section 13-2C-3(B) Schedule of
Rates:
Rates per each one hundred (100)
cubic feet $4.61
Rate per each gallon.$ .00616
Section 2. Section 13-2C-3(C)(7) of the
City of Dubuque Code of Ordinances is
amended to read as follows:
W here the quantity of water consumed is
such that the minimum of service is charged,
the minimum sewer service charge, according
to the size of the meter, shall be as follows:
Meter Size
(inches)
Minimum
Charge
Allowance
(cubic ft.)
Allowance
(gals.)
5/8 $ 9.22 200 1,496
3/4 $ 23.04 500 3,740
1 or larger $ 36.86 800 5,984
Section 3. This Ordinance shall take effect
July 1, 2015.
Passed, approved and adopted this 12th
day of March, 2015.
s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of March, 2015.
Attest: /s/Trish L. Gleason, Assistant City Clerk
5. Code of Ordinances Amendment - Title
13 Solid Waste Rates and Charges: Motion by
Connors to receive and file the documents and
that the requirement that a proposed
ordinance be considered and voted on for
passage at two Council meetings prior to the
meeting at which it is to be passed be
suspended. Seconded by Lynch. Motion
carried 7-0.
Motion by Lynch for final consideration and
passage of Ordinance No. 17-15 Amending
City of Dubuque Code of Ordinances Title 13
Public Utilities, Chapter 6 Solid Waste, Article
A City or Private Collection Service, Section
13-6A-6 Rates and Charges Established;
Exceptions. Seconded by Braig. Motion carried
7-0.
OFFIBIAL PUBLICATION
ORDINANCE NO. 17-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 13 PUBLIC UTILITIES,
CHAPTER 6 SOLID WASTE, ARTICLE A
CITY OR PRIVATE COLLECTION SERVICE,
SECTION 13-6A-6 RATES AND CHARGES
ESTABLISHED; EXCEPTIONS
NOW , THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOW A:
Section 1. Section 13-6A-6 of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
13-6A-6: RATES AND CHARGES
ESTABLISHED; EXCEPTIONS:
A. Class I Premises: Exc ept as
qualified below, a fee of thirteen dollars
and ninety cents ($13.90) per dwelling unit per
month shall be paid to the city by the property
owner of each class I premises for such
services. Said fee shall be in payment for
collection and disposal of one 35-gallon can or
one 35- gallon trash bag of "solid waste" as
defined in this chapter. There is no limit on
the number of bins allowed to be collected
containing acceptable "recyclable materials"
as defined in this chapter. Exceptions to the
Book 145 Special Session March 12, 2015 85
collection charges for class I premises are as
follows:
1. When a class I premises has been
vacant for a period not less than
three (3) consecutive months, the
owner may apply to the city
manager for a credit under
procedures to be established by the
city manager. Such credit shall
continue only so long as the class I
premises is vacant.
2. Class I premises when the head of
the household is sixty five (65)
years of age or older and has an
annual income equal to or less than
the income standards used by HUD
for its "section 8 housing program"
for one and two (2) person
households may, upon application
to the city manager, be exempted
from one-half (1/2) the established
collection charge. After the initial
application, annual application shall
be made by the head of household
on July 1 of each year to verify
annual income and eligibility.
3. In cases of extreme financial
hardship, the city manager may,
and is hereby authorized and
empowered to, make adjustments
in the monthly collection charges as
the city manager may deem
appropriate. In such cases, the city
manager shall have the authority to
require such proof of vacancy,
financial status, age or extreme
hardship, as the city manager may
deem necessary.
4. Class I premises when a family
household of five (5) or more
persons has an annual income
equal to or less than the income
standards used by HUD for its
"section 8 housing program" for the
size of that household may, upon
application to the city manager, be
exempted from one-half (1/2) the
established collection charge. After
the initial application, annual
application shall be made by the
head of household on July 1 of
each year to verify annual income
and eligibility.
B. Class II Premises:
1. A fee of thirteen dollars and ninety
cents ($13.90) per month shall be
paid to the city by the property
owner of each class II premises for
such services. Said fee shall be in
payment for collection and disposal
of one 35-gallon can or one 35-
gallon trash bag of "solid waste" as
defined. There is no limit on the
number of bins allowed to be
collected containing acceptable
"recyclable materials" as defined.
2. The owner of a class II premises
served by the city solid waste
collection may provide the city
manager with not less than fourteen
(14) days' written notice of intent to
terminate the service. Such
termination of service shall be
effective at the beginning of the
next billing period after such
fourteen (14) day notice period.
C. Class III Premises:
1. A fee of thirteen dollars and ninety
cents ($13.90) per month shall be
paid to the city by the property
owner of each class III premises for
such services. Said fee shall be in
payment for collection and disposal
of one 35-gallon can or one 35-
gallon trash bag of "solid waste" as
defined. There is no limit on the
number of bins allowed to be
collected containing acceptable
"recyclable materials" as defined.
2. The owner of a class III premises
served by city solid waste collection
may provide the city manager with
not less than fourteen (14) days'
written notice of intent to terminate
the service. Such termination of
service shall be effective at the
beginning of the next billing period
after such fourteen (14) day notice
period.
D. Unit Based Pricing: Collection
options and charges under unit based pricing
for class I, II and III premises are as follows:
1. A yearly subscription for weekly
collection of an additional standard
solid waste container, or containers,
may be subscribed for an additional
eight dollars ($8.00) each per
month.
2. Oversize, nonstandard rigid solid
waste containers of up to fifty (50)
gallons in capacity may be
subscribed as the one container
covered under the base monthly
solid waste fee for an additional five
dollars ($5.00) per month. Such
containers shall be holders for
standard trash bags for manual
removal by city crews, shall not
contain any loose material, and
shall not be lifted and dumped by
crews. Individual trash bags held in
the oversized container shall weigh
no more than forty (40) pounds.
3. A yearly subscription for weekly
collection of an additional oversized
solid waste container, or containers,
86 Special Session March 12, 2015 Book 145
may be subscribed for an additional
twelve dollars ($12.00) each per
month.
4. Solid waste carts, owned by the city
for semiautomated lifting, may be
subscribed by owners and/or
property managers of class I, II and
III premises. The customer shall
choose the number and size of the
cart. The fee for a sixty-four (64)
gallon city cart shall be twenty-two
dollars ($22.00) each per month.
The fee for a ninety-six (96) gallon
city cart shall be thirty- three dollars
($33.00) each per month.
5. Official city of Dubuque single use
stickers costing one dollar and fifty
cents ($1.50) shall be applied to
each additional standard solid
waste container or small bulky or
bundled item in excess of the one
standard solid waste container
collected under the base monthly
solid waste fee or any additional
subscribed container(s).
6. Multiple-family dwellings of three (3),
four (4), five (5), and six (6) dwelling
units as well as class II or class III
premises sharing a common set out
location with other city solid waste
customers shall only use approved
rigid solid waste containers with
permanent identification as to the
specific premises. However, for the
two (2) weeks following Christmas,
excess solid waste may be set out
in trash bags with applied city of
Dubuque single use stickers.
7. In alleys where solid waste carts,
owned by the city for
semiautomated lifting, are required
to be subscribed by owners,
tenants and/or property managers
of class I, II, and III premises where
the approved set out location is in
an alley. The customer shall choose
the number and size of the cart(s).
Such carts shall be subscribed
according to a fee schedule and
program requirements as approved
by the city manager.
E. Special Collection: The charge for
a special collection service for large and bulky
rubbish to each dwelling unit receiving such
service when requested by the owner shall be
as follows:
1. A fee of ten dollars ($10.00) shall be
paid by the owner for each time the
service is provided for up to the
equivalent of three (3) cubic yards
of solid waste.
2. An additional fee of twelve dollars
and fifty cents ($12.50) shall be
paid for each additional three (3)
cubic yards of solid waste.
3. An additional fee for tires, equal to
the disposal fees charged at the
Dubuque metro landfill, shall be
paid to the city by the owner for
each tire.
4. An additional fee of ten dollars
($10.00) shall be paid to the city by
the owner for each appliance
collected in the service.
5. An additional fee of ten dollars
($10.00) shall be paid to the city by
the owner for each collection
requested by the owner to be
scheduled for service on a day not
receiving weekly collection at the
service address.
6. An additional fee of ten dollars
($10.00) shall be paid to the city by
the owner for each collection
requested by the owner to be
scheduled for immediate service or
whenever crews are sent back to
the service address to collect items
that were not properly set out on
time as previously scheduled.
Section 2. This Ordinance shall take
effect on the 1st day of July, 2015.
Passed, approved and adopted this
12th day of March, 2015.
s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of March, 2015.
Attest: /s/Trish L. Gleason, Assistant City Clerk
6. Code of Ordinances Amendment - Title
13 Fixing Water Rates for Residential and In-
dustrial Use and All Other Uses; and Fixing
Water Rates for Fire Sprinkler Service: Motion
by Connors to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Jones. Motion carried 6-
1 with Resnick voting nay.
Motion by Connors for final consideration
and passage of Ordinance No.18-15 Amend-
ing City of Dubuque Code of Ordinances Title
13 Public Utilities, Chapter 1 Water Use and
Services, Article C Rates, Section 13-1C-1(A)
Establishing Water Rates for Residential,
Commercial, Industrial, and All Other Uses
and Ordinance No.19-15 Amending the City of
Dubuque Code of Ordinances Title 13 Public
Utilities Chapter 1 Water Use and Service,
Article C Rates Section 13-1C-2 Fixing Water
Rates for Fire Sprinkler Service. Seconded by
Lynch. Motion carried 6-1 with Resnick voting
nay.
Book 145 Special Session March 12, 2015 87
OFFICIAQL PUBLICATION
ORDINANCE NO. 18-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 13 PUBLIC UTILITIES,
CHAPTER 1 WATER USE AND SERVICE,
ARTICLE C RATES, SECTION 13-1C-1(A)
ESTABLISHING WATER RATES FOR
RESIDENTIAL, COMMERCIAL,
INDUSTRIAL, AND ALL OTHER USES
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13-1C-1(A) of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
Section 13-1C-1A: Residential,
Commercial, Industrial and All Other Uses.
A. Rates Established: The rates to be
charged for water for residential, commercial,
industrial and all other uses and purposes by
any person, firm or corporation within the city
shall be based on units of one hundred cubic
feet (748 gallons) or per gallon as follows:
Monthly Consumption
(in Hundreds of Cubic Ft.)
Charge per Hun-
dred Cubic Ft.
First 30 $3.36
Next 120 $2.74
Next 350 $2.53
Next 500 $2.24
Next 1,000 $1.99
Monthly Consumption (in
gals.)
Charge per Gal.
First 22,440 $0.00447
Next 89,760 $0.00365
Next 261,800 $0.00340
Next 374,000 $0.00301
Next 748,000 $0.00264
Rates shall be subject to the following mini-
mum monthly charge according to the size of
the meter:
Meter
Size
Inches
Monthly Con-
sumption
(In Hundreds
of Cubic Feet)
Monthly
Consumption
(In Gallons)
Minimum
Charge
5/8 2 1,496 $6.69
3/4 5 3,740 $16.72
1 8 5,984 $26.75
1 1/2 26 19,448 $86.93
2 46 34,408 $143.99
3 106 79,288 $307.80
4 168 125,664 $473.71
6 368 275,264 $982.35
8 625 467,500 $1,599.49
A property owner shall pay a $50.00
disconnect fee for water service that is
disconnected by the city for a meter not in
service. When a tenant account is subject to
disconnection due to delinquency, the tenant
shall pay the $50.00 disconnect fee.
A $50.00 service call fee shall be changed
to property owners or tenant account for those
service calls that are determined to be related
to customer negligence.
A $5.50 minimum monthly charge shall be
assessed for meters not in service.
Section 2. This Ordinance shall take effect
July 1, 2015.
Passed, approved and adopted this 12th
day of March, 2015.
/s/ Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of March, 2015.
Attest: /s/Trish L. Gleason, Assistant City Clerk
7. Rental Property Licensing and Role In-
spection Program: Motion by Jones to receive
and file the documents and adopt Resolution
No.76-15 Approving the Increase in the Struc-
ture Fee for the Rental Licensing and Role
Inspection Program. Seconded by Connors.
Motion carried 4-3 with Resnick, Lynch and
Braig voting nay.
RESOLUTION NO. 76-15
APPROVING THE INCREASE IN THE
STRUCTURE FEE FOR THE RENTAL LI-
CENSING AND ROLE INSPECTION PRO-
GRAM
Whereas, the Housing and Community
Development Department is requesting an
increase in the structure licensing and rental
fees in order to self- sustain the General
Housing Code Enforcement Department; and
Whereas, the effective date of licensing
fees is January 1st 2016 and the effective date
of rental inspection fees is April 6th 2015; and
Whereas, the following increase in the
licensing and rental fees are hereby proposed.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the license fee for structure
be increased from $12 to $25; Dwelling unit be
increased from $12 to $20; Rooming unit be
increased from $3 to $10;
Section 2. That the penalty fees be as
follows: late payment penalty fee be increased
from 10% to $25;
a. The No show fee (CGI) would
remain the same;
b. The Re-inspection fee for 3rd and
subsequent re-inspections be
decrease from $25 to $40;
c. The Re-inspections fee for 2nd and
subsequent re- inspections be
increased from zero to $70;
d. Addition room re-inspection fee for
3rd and subsequent re- inspections
be decreased from $5 to zero;
e. Confirmed complaint inspection with
penalty to $85.
88 Special Session March 12, 2015 Book 145
Section 3. That new dwelling unit
inspection fee will now be $70 at the time of
inspection; new rooming unit inspection fee will
now be $40 at the time of inspection.
Section 4. Adoption of this Certificate of
Structural Compliance, (CSC) inspection for
new rental property inspection during which
additional documentation and inspection work
is completed including sketch of basic floor
plans to be maintained the property record
establish record of all habitable space
establish maximum occupancy at the
successes successfully passing CSE
inspection a certificate of structural component
to be issued. CSCs are transferable to new
owners.
Section 5. Adoption of the dwelling unit
inspection fee which is charged in accordance
with inspection and only in use when
inspected. This fee is waived if this unit has
been inspected by the City of Dubuque’s
Housing Inspectors in the past two years for
housing choice voucher section 8 participation.
Section 6. Adoption of the rooming unit
inspection fee which is charged similar to the
dwelling inspection fee.
Section 7. Adoption of the confirmed
complaint inspection fee which is charged only
in cases when the following has occurred, one
the tenant has provided written proof of
maintenance request to property owner and or
registered agent, two, tenet has allowed
acceptable time for the property owner agent
to make necessary repairs and three, city
inspector has verified to the complaint has not
been repaired and is a housing code
violations.
Section. 8. This resolution requires that all
penalty fees charged are subject to appealed
through the Housing Code Board of Appeals.
Passed, approved and adopted this 12th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
8. Code of Ordinances Amendment -
Title 9 Motor Vehicles and Traffic – Parking:
Motion by Jones to receive and file the
documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Braig. Motion carried
7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 20-15 Amending
City of Dubuque Code of Ordinances Title 9
Motor Vehicles and Traffic, Chapter 14 Park-
ing, Division 1 Generally, Section 9-14-
321.621 Parking Violations, Fines, Division 2
Municipal Parking Ramps, Section 9-14-
321.636 Parking Time Restricted, Reserved
Spaces, Division 3 Municipal Parking Lots,
Section 9-14-321.645 Meters, Time and Fee
Schedule for Specific Lots, Division 4 Parking
Meters, Section 9-14-321.667 Fee Schedule
by Setting the Parking Rates for Meters, Lots,
and Ramps, and Division 6 Parking Spaces for
the Disabled, Section 9-14-321.704 Disability
Signs Required. Seconded by Connors. Mo-
tion carried 7-0.
ORDINANCE NO. 20 15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 9 MOTOR VEHICLES
AND TRAFFIC, CHAPTER 14 PARKING,
DIVISION 1 GENERALLY, SECTION 9-14-
321.621 PARKING VIOLATIONS; FINES;
DIVISION 2 MUNICIPAL PARKING RAMPS,
SECTION 9-14-321.636 PARKING TIME
RESTRICTED; RESERVED SPACES;
DIVISION 3 MUNICIPAL PARKING LOTS,
SECTION 9-14-321.645 METERS; TIME AND
FEE SCHEDULE FOR SPECIFIC LOTS;
DIVISION 4 PARKING METERS, SECTION 9-
14-321.667 FEE SCHEDULE BY SETTING
THE PARKING RATES FOR METERS,
LOTS, AND RAMPS; AND DIVISION 6
PARKING SPACES FOR THE DISABLED,
SECTION 9-14-321.704 DISABILITY SIGNS
REQUIRED BY ADJUSTING THE FINE TO
$200.00 TO COINCIDE WITH STATE CODE
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:
9-14-321.621: PARKING VIOLATIONS;
FINES:
A. The owner or operator of any vehicle
who shall receive notice, either personally
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:
1. Except as provided in subsection A2,
A3, A4, A5, or A6 of this section, any
violation of this chapter, an initial fine of
fifteen dollars ($15.00) if paid within
thirty (30) calendar days of the date of
the violation. If payment is not made
within such thirty (30) calendar days,
said fine shall be twenty dollars
($20.00).
2. Disabled parking violations, a fine of
two hundred dollars ($200.00).
3. Expired parking meter violations, an
initial fine of ten dollars ($10.00) if paid
within thirty (30) calendar days of the
date of the violation. If payment is not
made within such thirty (30) calendar
Book 145 Special Session March 12, 2015 89
days, said fine shall be fifteen dollars
($15.00).
4. Parking in violation of any
designated fire lane, a fine of fifty
dollars ($50.00).
5. Parking within five feet (5') on any
side of the point on the curb nearest to
a fire hydrant, a fine of fifty dollars
($50.00).
6. Parking in violation of snow route
restrictions, a fine of thirty dollars
($30.00) if paid within thirty (30)
calendar days of the date of the
violation. If payment is not made within
such thirty (30) calendar days, said fine
shall be thirty five dollars ($35.00). The
first snow route restriction violation of
each winter season for a vehicle shall
be voided if the owner of the vehicle
registers their contact information with
the police department.
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 enforcement
officers, emergency medical service
personnel, emergency communications
personnel, auxiliary police, and other
personnel having emergency response
duties for a violation received during an
emergency response event or service to
the city.
Section 2. Section 9-14-321.636 of the City
of Dubuque Code of Ordinances is amended
to read as follows:
9-14-321.636: PARKING TIME
RESTRICTED; RESERVED SPACES:
Use of the municipal parking ramps
shall be limited to the parking and storage of
motor vehicles for a period not to exceed the
maximum of twenty four (24) hours in a single
parking period, except that the city manager
may reserve certain parking spaces therein to
tenants upon a month to month basis upon
payment in advance of the monthly rental
charge. For a fee of eight dollars ($8.00) per
twenty four (24) hour day, paid in advance,
and the time period not to exceed one hundred
twenty (120) hours or five (5) days, the city
manager may authorize overnight storage of
motor vehicles. Arrangements shall be made
in advance for such overnight storage of motor
vehicles in the municipal parking ramps.
Section 3. Section 9-14-321.645 of the City
of Dubuque Code of Ordinances is amended
to read as follows:
9-14-321.645: METERS; TIME AND FEE
SCHEDULE FOR SPECIFIC LOTS:
A. Parking meters on municipally owned
parking lots, when installed and properly
operated, shall show legal parking upon
and after the deposit of United States
coins, and in the non-metered parking lots,
parking spaces shall be reserved in
accordance with the following schedules:
1. On parking lots no. 2, 3, 5, 6, 7, 9, and
10, the amount of fee shall be displayed
on each parking meter and shall indicate
the period of time allowed for the
particular United States coin deposit after
meter has been placed in operation. The
maximum parking time allowed shall be
indicated on the parking meter assigned
to the meter space to which it applies.
2. On parking lot no. 5, reserved parking
for each space for which a parking meter
has not been installed shall be reserved
by the city for assignment by the city
manager for purposes of carrying out the
business of city government.
3. On parking lot no. 10, reserved parking
for non-metered spaces shall be between
the hours of six o'clock (6:00) A.M. and
six o'clock (6:00) P.M. daily, excluding
Saturdays, Sundays, and holidays, at a
monthly rate of fifty two dollars ($52.00),
payable each month.
4. On parking lot no. 12, reserved parking
for non-metered spaces shall be between
the hours of six o'clock (6:00) A.M. and
six o'clock (6:00) P.M. daily, excluding
Saturdays, Sundays, and holidays, at a
monthly rate of forty dollars ($40.00),
payable each month.
5. On parking lots no. 2 and 4, reserved
parking for each space for which parking
meters have not been installed shall be
rented through an agreement approved
by the city council. Reserved parking for
non-metered spaces shall be between
the hours of six o'clock (6:00) A.M. and
six o'clock (6:00) P.M. daily, excluding
Saturdays, Sundays, and holidays, at a
monthly rate of forty two dollars ($42.00),
payable each month.
6. On parking lot no. 3 and the federal
building parking lot, reserved parking for
non-metered spaces shall be between
the hours of six o'clock (6:00) A.M. and
six o'clock (6:00) P.M. daily, excluding
Saturdays, Sundays, and holidays, at a
monthly rate of forty seven dollars
($47.00), payable each month.
B. Notice of such restrictions, as provided
for in this section, shall be displayed at
each lot. The owner or operator of any
90 Special Session March 12, 2015 Book 145
vehicle who shall receive notice either
personally or by the attaching of such
notice to said vehicle if said vehicle is
parked in violation of this section shall,
when such notice is served upon such
owner or operator or attached to said
vehicle, pay to the city treasurer as a
penalty for such violation the sum of fifteen
dollars ($15.00) and after thirty (30) days a
sum of twenty dollars ($20.00).
Section 4. Section 9-14-321.667 of the City
of Dubuque Code of Ordinances is amended
to read as follows:
9-14-321.667: FEE SCHEDULE:
Subject to the limitations provided in this
division, parking meters, when installed and
properly operated, shall show legal parking
upon and after deposit of United States coins
in accordance with the following schedule:
A. One hour parking meters shall show le-
gal parking for seventy five cents ($0.75)
per hour, but not more than a total of sixty
(60) minutes at any one time.
B. Two (2) hour parking meters shall show
legal parking for seventy five cents ($0.75)
per hour, but not more than a total of one
hundred twenty (120) minutes at any one
time.
C. Four (4) hour parking meters shall show
legal parking for seventy five cents ($0.75)
per hour, but not more than a total of four
(4) hours at any one time.
D. Ten (10) hour parking meters shall show
legal parking for fifty cents ($0.50) per
hour, but not more than a total of ten (10)
hours at any one time.
E. Twenty (20) minute parking meters shall
show legal parking for seventy five cents
($0.75) per hour, but not more than a total
of twenty (20) minutes at any one time.
F. Forty (40) minute parking meters shall
show legal parking for seventy five cents
($0.75) per hour, but not more than a total
of forty (40) minutes at any one time.
Section 5. Section 9-14-321.704 of the City
of Dubuque Code of Ordinances is amended
to read as follows:
9-14-321.704: DISABILITY SIGNS
REQUIRED:
A. Parking spaces designated as special
parking places for disabled persons shall
be identified with the disability parking sign
on a vertical post bearing the international
symbol of accessibility; the fine is two hun-
dred dollars ($200.00) for improper use.
B. Any person who owns or leases rental
property in the city and is required to pro-
vide disabled parking by the Iowa Code
shall identify each parking space with a
disability parking sign bearing the interna-
tional symbol of accessibility; the fine is
two hundred dollars ($200.00) for improper
use.
Section 6. This Ordinance takes effect July
1, 2015.
Passed, approved, and adopted the 12th
day of March, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of March, 2015.
Attest: /s/Trish L. Gleason, Assistant City Clerk
COUNCIL MEMBER REPORTS
Ma yor Buol thanked city staff for all their
hard work during the last year and thanked the
citizens for all their input during the budget
process as well as thought the year and
encouraged the continuation of communication
between the citizens of Dubuque and the City
Council.
There being no further business, upon
motion the City Council adjourned at 7:47 p.m.
/s/Trish L. Gleason, CMC Assistant City Clerk
Book 145 Regular Sessions, March 16, 2015 91
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on March 16, 2015 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 for
the purpose of conducting such business that
may properly come before the City Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. National Arts Advocacy Day (March 23,
2015) was accepted by the Mayor.
2. Junior Achievement Day (April 2, 2015)
was accepted by Stephanie Ludovissy, JA to
the Heartland Development Director for the
Tri-State Area, 900 Jackson Street, LL5-2F,
Dubuque
3. Autism Awareness Month (April 2015)
was accepted by Marilyn Althoff, Executive
Director of Hills & Dales, 759 Bluff St.; Patrick
Rellihan; Michelle Rellihan; 2538 Marywood
Dr.; and Allyson Beytien, 1091 Valentine Dr.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7-0.
1. Minutes and Reports Submitted: Cable
TV Commission of 3/6; Civil Service Commis-
sion of 3/6; Human Rights Commission of 2/9;
Zoning Advisory Commission of 3/4; Zoning
Board of Adjustments of 2/6; City Council Pro-
ceedings of 2/10, 2/16, 2/23. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Dale Bries
for property damage; Harry Gassman for
property damage; Joel Laaker for property
damage. Upon motion the documents were
received, filed and referred to the City Attor-
ney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Dale Bries for property damage; Harry
Gassman for vehicle damage; Joel Laaker for
property damage; Barbara Soley for property
damage. Upon motion the documents were
received, filed and concurred.
4. EPA Education Grant - Air Quality: Sus-
tainable Community Coordinator Cori Burbach
is transmitting information on the University of
Iowa’s application for the EPA Environmental
Education program. Upon motion the docu-
ments were received and filed.
5. Civil Service Commission: Civil Service
Commission submitting the certified list for the
position of Parking System Technician. Upon
motion the documents were received and filed.
March 6, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Parking System Technician was adminis-
tered on February 17, 2015. We hereby certify
that the individuals listed below have passed
this written examination and the vacancy for
this position should be filled from this list and
that this list is good for two (2) years from
above date.
Parking System Technician
1. Kevin Kratz 7. Troy Steines
2. Jeff West 8. Tim Neuhaus
3. Amy Wagner 9. Richard Asbell
4. James Herbst 10. Dale Richardson
5. Michael Brimeyer 11. Denny Arensdorf
6. Brad Nesteby 12. Jacob Trierweiler
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
6. Public, Educational, and Government
(PEG) Capital Expenditure Request: City
Manager recommending approval of the Cable
TV Commission recommendation for funding
from the (PEG) Capital Grant for Access
Equipment and Facilities in the amount of
$16,400 for Loras College for a slow-motion
replay system and portable video recorder.
Upon motion the documents were received,
filed and approved.
7. City Council 2014 Official Proceedings:
City Clerk submitting the Official City Council
Proceedings for 2014. Upon motion the docu-
ments were received, filed and approved.
8. Green Industrial Supply, Inc. - Amending
State Contract: City Manager recommending
approval of an amendment to a contract with
the Iowa Economic Development Authority for
Iowa Values Funds Financial Assistance bene-
92 Regular Session, March 16, 2015 Book 145
fits on behalf of Green Industrial Supply, Inc.
Upon motion the documents were received
and filed and Resolution No. 78-15 Approving
an Amendment to the Economic Development
Financial Assistance Contract by and among
Green Industrial Supply, Inc., the City of
Dubuque, and the Iowa Department of Eco-
nomic Development was adopted.
RESOLUTION NO. 78-15
APPROVING AN AMENDMENT TO THE
ECONOMIC DEVELOPMENT FINANCIAL
ASSISTANCE CONTRACT BY AND AMONG
GREEN INDUSTRIAL SUPPLY, INC., THE
CITY OF DUBUQUE, AND THE IOWA DE-
PARTMENT OF ECONOMIC DEVELOP-
MENT
Whereas, Green Industrial Supply, Inc.
(Green Industrial) and the City of Dubuque
(City) entered into an Economic Development
Financial Assistance Contract (the Contract)
with the Iowa Economic Development Authori-
ty (IEDA) for the expansion of Green Industri-
al’s operations in Dubuque, Iowa; and
Whereas, Green Industrial has requested
an extension of the Project Completion Date in
the Contract from August 31, 2014 to August
31, 2015 and
Whereas, the IEDA Board approved an ex-
tension of the Project Completion Date to Au-
gust 31, 2015; and
Whereas, the parties now desire to amend
the Contract as set forth in the attached Con-
tract Amendment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Contract Amendment is
hereby approved.
Section 2. The Mayor is hereby authorized
and directed to execute and the City Manager
is hereby directed to submit the Contract
Amendment to the Iowa Economic Develop-
ment Authority together with such other docu-
ments as may be required.
Passed, approved, and adopted this 16th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
9. Collective Bargaining Agreement Dubu-
que Professional Firefighters: City Manager
recommending approval of a two year Collec-
tive Bargaining Agreement with the Dubuque
Professional Firefighters Association, Local
#353. Upon motion the documents were re-
ceived and filed and Resolution No. 79-15
Approving the agreement between the City of
Dubuque, Iowa and Dubuque Professional
Firefighters Association, Local #353 and Au-
thorizing the Mayor to sign the agreement was
adopted.
RESOLUTION NO. 79- 15
APPROVING THE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND
DUBUQUE PROFESSIONAL FIREFIGHT-
ERS ASSOCIATION, LOCAL #353 AND AU-
THORIZING THE MAYOR TO SIGN THE
AGREEMENT
Whereas, the Sixty-Fifth General Assembly
adopted the Public Employment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is public
employer within the meaning of Section 3 (1)
of the Public Employment Relations Act; and
Whereas, the Dubuque Professional Fire-
fighters Association, Local #353, is an em-
ployee organization within the meaning of Sec-
tion 3 (4) of the Public Employment Relations
Act; and
Whereas, the Dubuque Professional Fire-
fighters Association, Local #353, submitted a
request to bargain collectively on behalf of the
employees within its representation; and
Whereas, bargaining between the parties
has occurred and an agreement has been
concluded.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the terms of the agreement
be approved and the Mayor authorized to sign
the collective bargaining agreement.
Passed, approved and adopted this 16th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
10. Environmental Sanitarian Position: City
Manager recommending approval to eliminate
the position of Environmental Sanitarian Assis-
tant and create an additional Environmental
Sanitarian position, which will be compensated
at GE-32. Upon motion the documents were
received, filed and approved.
11. Sanitary and Storm Sewer Easement
from Nemmers Cedar Ridge Farm Ac-
ceptance: City Manager recommending ac-
ceptance of a sanitary and storm sewer ease-
ment from Nemmers Cedar Ridge Farm Lim-
ited Partnership for proposed public sanitary
and storm sewers across part of Lot 2 and Lot
4 in Cedar Ridge Farm Place No. 7 in the City
of Dubuque. Upon motion the documents were
received and filed and Resolution No. 80-15
Accepting A Grant of Easement for sanitary
and storm sewer through, over and across part
of Lot 2 and Lot 4 in Cedar Ridge Farm Place
No. 7, in the City of Dubuque, Iowa was adopted.
Book 145 Regular Sessions, March 16, 2015 93
RESOLUTION NO. 80-15
ACCEPTING A GRANT OF EASEMENT FOR
SANITARY AND STORM SEWER
THROUGH, OVER AND ACROSS PART OF
LOT 2 AND LOT 4 IN CEDAR RIDGE FARM
PLACE NO. 7, IN THE CITY OF DUBUQUE,
IOWA
Whereas, Nemmers Cedar Ridge Farm
Limited Partnership and the City of Dubuque
wish to set forth terms for the construction,
maintenance, and replacement of proposed
public sanitary and storm sewer utilities locat-
ed in Part of Lot 2 and Lot 4 in Cedar Ridge
Farm Place No. 7, in the City of Dubuque,
Dubuque County, Iowa; and
Whereas, Nemmers Cedar Ridge Farm
Limited Partnership have executed an Ease-
ment for Sanitary and Storm Sewer through,
over and across Part of Lot 2 and Lot 4 in Ce-
dar Ridge Farm Place No. 7, in the City of
Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Easement for
Sanitary and Storm Sewer through, over and
across Part of Lot 2 and Lot 4 in Cedar Ridge
Farm Place No. 7, in the City of Dubuque, in
the City of Dubuque, Dubuque County, Iowa
from Nemmers Cedar Ridge Farm Limited
Partnership, a copy of which is attached here-
to.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Passed, approved and adopted this 16th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
12. Southwest Arterial Project - English Mill
Reconstruction Black Hills Energy Gas Pipe-
line Relocation Reimbursement Agreement:
City Manager recommending approval and
authorization for the Mayor to execute a Utility
Relocation Reimbursement Agreement with
Black Hills Energy Corporation for the reloca-
tion of the high pressure natural gas main im-
pacted by the English Mill Road Reconstruc-
tion Project, as part of the Southwest Arterial
Project. Upon motion the documents were
received and filed and Resolution No. 81-15
Approving a Utility Relocation Reimbursement
Agreement with Black Hills Energy Corporation
for the relocation of the Peosta Feed High
Pressure Natural Gas Main associated with
the English Mill Road Reconstruction Project
and the continued development and advance-
ment of the southwest arterial project was
adopted.
RESOLUTION NO. 81-15
APPROVING A UTILITY RELOCATION RE-
IMBURSEMENT AGREEMENT WITH BLACK
HILLS ENERGY CORPORATION FOR THE
RELOCATION OF THE PEOSTA FEED HIGH
PRESSURE NATURAL GAS MAIN ASSOCI-
ATED WITH THE ENGLISH MILL ROAD RE-
CONSTRUCTION PROJECT AND THE
CONTINUED DEVELOPMENT AND AD-
VANCEMENT OF THE SOUTHWEST ARTE-
RIAL PROJECT
Whereas, the City is proceeding with the
proposed English Mill Road Reconstruction
Project (hereafter Project) in accordance with
its plans and specifications, which the City has
designed as part of the Southwest Arterial
Project; and
Whereas, prior to the City commencing
work on the Project, the City needs to have an
existing in-service 8” and 16” high pressure
natural gas pipeline relocated; and
Whereas, the 8” and 16” high pressure Pe-
osta feed natural gas main is owned and oper-
ated by the Black Hills Energy (hereafter BHE)
and located on its own easements upon pri-
vately owned land affected by the Project shall
be relocated in accordance with a Utility Relo-
cation Reimbursement Agreement (hereafter
Agreement); and
Whereas, it has been determined that the
utility relocation to be completed by BHE is
eligible for federal-aid participation and that all
associated activity costs (e.g., materials, labor,
equipment, and overhead, etc.) are eligible;
and
Whereas, BHE shall initially pay all costs to
relocate and adjust its facilities as covered by
the Agreement; and
Whereas, upon reasonable satisfactory
completion the City will pay BHE for said eligi-
ble reimbursement costs as covered by the
Agreement.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. That said Agreement between
the City of Dubuque and Black Hills Energy
Corporation is hereby approved.
Section 2. That the Mayor be authorized
and directed to execute three copies of said
Agreement between the City of Dubuque and
Black Hills Energy Corporation for the reloca-
tion of the Peosta feed high pressure natural
gas main associated with the Project and the
continued development and advancement of
the Southwest Arterial Project.
Passed, approved and adopted this 16th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
94 Regular Session, March 16, 2015 Book 145
13. 346-348 W Locust - 1st Amendment to
the Development Agreement: City Manager
recommending approval of the 1st Amendment
to Development Agreement that extends the
completion date to December 31, 2015. Upon
motion the documents were received and filed
and Resolution No. 82-15 Approving the First
Amendment to the Development Agreement
between the City of Dubuque, Iowa and
Weaver Castle, LLC was adopted.
RESOLUTION NO. 82-15
APPROVING THE FIRST AMENDMENT TO
THE DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND WEAVER CASTLE, LLC
Whereas the City of Dubuque, Iowa (City)
and Weaver Castle, LLC (Developer) entered
into a Development Agreement dated for ref-
erence purposes the 21st day of August, 2013
for the redevelopment of the property at 346-
348 West Locust Street; and
Whereas City and Developer now desire to
amend the Development Agreement as set
forth in the First Amendment to Development
Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby ap-
proves the First Amendment to Development
Agreement.
Section 2. The Mayor is authorized and di-
rected to sign the First Amendment to Devel-
opment Agreement on behalf of the City of
Dubuque.
Passed, approved and adopted this 16th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
14. 324-326 W Locust - 1st Amendment to
Development Agreement: City Manager rec-
ommending approval of the 1st Amendment to
Development Agreement that extends the
completion date to June 30, 2015. Upon mo-
tion the documents were received and filed
and Resolution No. 83-15 Approving the First
Amendment to the Development Agreement
between the City of Dubuque, Iowa and
Weaver Castle, LLC was adopted.
RESOLUTION NO. 83-15
APPROVING THE FIRST AMENDMENT TO
THE DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND WEAVER CASTLE, LLC
Whereas the City of Dubuque, Iowa (City)
and Weaver Castle, LLC (Developer) entered
into a Development Agreement dated for ref-
erence purposes the 1st day of April, 2013; and
Whereas City and Developer now desire to
amend the Development Agreement as set
forth in the First Amendment to Development
Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby ap-
proves the First Amendment to Development
Agreement.
Section 2. The Mayor is authorized and di-
rected to sign the First Amendment to Devel-
opment Agreement on behalf of the City of
Dubuque.
Passed, approved and adopted this 16th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
15. Pre-Annexation Agreement - Joseph
M. And Deborah L. Vize: City Manager rec-
ommending approval of a Pre-Annexation
Agreement with Joseph M. and Deborah L.
Vize, property owners, in conjunction with a
request for approval of the Final Plat of Vize
Place in Dubuque County. Upon motion the
documents were received and filed and Reso-
lution No. 84-15 Approving a Pre-Annexation
Agreement between the City of Dubuque, Iowa
and Joseph M. and Deborah L. Vize was
adopted.
RESOLUTION NO. 84-15
APPROVING A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND JOSEPH M. AND
DEBORAH L. VIZE
Whereas, Joseph M. and Deborah L. Vize,
the owners of the following described property
in Dubuque County, Iowa (the Property) have
submitted to the City Council of the City of
Dubuque an application for voluntary annexa-
tion of the Property to the City of Dubuque:
Lot 2 of 1 of 1 of 3 and Lot 1 of 1 of 1 of
3, both of the subdivision of the South-
east ¼ and the East ½ - Southwest ¼
of Section 36, T89N, R1E of the 5th
P.M., Dubuque County, Iowa; and
Whereas, Joseph M. and Deborah L. Vize
have entered into a Pre-annexation Agreement
with the City of Dubuque a copy of which is
attached hereto governing the future annexa-
tion of the Property; and
Whereas, the Property is not subject to an
existing annexation moratorium; and Whereas,
the Property does not include any state or rail-
road property; and Whereas, Iowa Code Sec-
tion 368.7 authorizes the voluntary annexation
of property in Dubuque County, Iowa and the
extension of city limits by voluntary annexa-
tion; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Book 145 Regular Sessions, March 16, 2015 95
Dubuque, and will promote efficient and cost
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement
by and between Joseph M. and Deborah L.
Vize and the City of Dubuque is hereby ap-
proved.
Passed, approved and adopted this 16th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
16. Final Plat for Vize Place: Zoning Advi-
sory Commission recommending approval of
the Final Plat for Vize Place subject to waiving
the lot frontage requirement for lot 4. Upon
motion the documents were received and filed
and Resolution No. 85-15 Approving the Final
Plat of Vize Place in Dubuque County, Iowa
was adopted.
RESOLUTION NO. 85-15
APPROVING THE FINAL PLAT OF VIZE
PLACE IN DUBUQUE COUNTY, IOWA.
Whereas, there has been filed with the City
Clerk the Final Plat of Vize Place in Dubuque
County, Iowa; and
Whereas, said Final Plat provides 30 feet
of lot frontage for Lot 4, where 50 feet is re-
quired by Section 11-14 of Title 16 of the City
of Dubuque Code of Ordinances, Unified De-
velopment Code; and
Whereas, said Final Plat has been exam-
ined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Final Plat has been exam-
ined by the City Council and they find that it
conforms to the statutes and ordinances relat-
ing 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 Code of Ordinances, Unified Development
Code, is waived to allow 30 feet of lot frontage
for Lot 4.
Section 2. That the Final Plat of Vize Place
is hereby approved and the Mayor and City
Council are hereby authorized and directed to
endorse the approval of the City of Dubuque,
Iowa upon said Final Plat.
Passed, approved and adopted this 16th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
17. Fiscal Year 15 Cured-in-Place-Pipe
(CIPP) Lining Project Acceptance: City Man-
ager recommending acceptance of the con-
struction contract for the FY15 Sanitary Sewer
Cured-in-Place-Pipe (CIPP) Lining Project, as
completed by Visu-Sewer Clean & Seal. Upon
motion the documents were received and filed
and Resolution No. 86-15 Accepting the FY15
Sanitary Sewer Cured-In-Place Pipe Lining
Project and authorizing the payment to the
contractor was adopted.
RESOLUTION NO. 86-15
ACCEPTING THE FY15 SANITARY SEWER
CURED-IN-PLACE PIPE LINING PROJECT
AND AUTHORIZING THE PAYMENT TO THE
CONTRACTOR
Whereas, the public improvement contract
for the FY15 Sanitary Sewer Cured- in-Place
Pipe Lining Project (the Project) has been
completed has been completed by the Con-
tractor, Visu Sewer Clean and Seal (Contrac-
tor), the City Engineer has examined the work
and recommends that the Project be accepted;
and
Whereas, the final contract amount for the
Project is $277,727.20; and
Whereas, the Contractor has previously
been paid $263,840.84, leaving a balance of
$13,886.36; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $13,886.36 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved and adopted this 16th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
18. Snow Removal Assessment - 1495
Glen Oak Street 2014-2015: City Manager
recommending approval of the Final Assess-
ment for one property at 1495 Glen Oak Street
for the 2014-2015 Snow Removal from City
Right-of-Way Program. Upon motion the doc-
uments were received and filed and Resolution
No. 87-15 Adopting the Final Assessment
Schedule for the 2014-2015 Snow Removal
Assessment – Right-Of-Way Obstruction Re-
moval Assessment Project for 1495 Glen Oak
Street was adopted.
RESOLUTION NO. 87-15
96 Regular Session, March 16, 2015 Book 145
ADOPTING THE FINAL ASSESSMENT
SCHEDULE FOR THE 2014-2015 SNOW
REMOVAL ASSESSMENT – RIGHT-OF-WAY
OBSTRUCTION REMOVAL ASSESSMENT
PROJECT FOR 1495 GLEN OAK STREET
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 Snow Removal Assessment
– Right-of-Way Obstruction Removal Assess-
ment Project.
There is hereby assessed and levied as a
special tax against and upon each of the bene-
fited properties, the respective sums indicated.
The amounts shown in said Final Schedule of
Assessments as deficiencies are found to be
proper and levied conditionally against the
respective properties benefited by the im-
provements as shown in the Final Schedule of
Assessments, subject to the provisions of Iowa
Code § 384.63. Said assessments against
said lots are hereby declared to be in propor-
tion to the special benefits conferred and not in
excess of twenty-five percent of the value of
same.
The City Clerk be and is hereby directed to
certify the Final Schedule of Assessments to
the County Treasurer of Dubuque County,
Iowa, and to publish notice of said certification
once each week for two consecutive weeks in
the manner provided in Iowa Code § 362.3,
the first publication of which shall be not more
than fifteen days from the date of filing of the
Final Schedule of Assessments. On or before
the date of the second publication of the no-
tice, 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, Dubu-
que, Iowa at any time within 30 days after the
date of the first notice of the Final Schedule of
Assessments. Thereafter, unpaid assessments
of $500.00 or more are payable in 15 annual
installments at the County Treasurer’s Office,
Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa and will draw annual
interest at three percent (3%) computed to
December 1 next following the due dates of
the respective installments as provided in Sec-
tion 384.65 of the Code of Iowa. Each install-
ment will be delinquent from October 1 follow-
ing its due date on July 1 of each year. How-
ever, when the last day of September is a Sat-
urday or Sunday, that amount shall be delin-
quent from the second business day of Octo-
ber. Delinquent installments will draw the
same delinquent interest as ordinary taxes.
Property owners may elect to pay any annual
installments semi-annually in advance.
Passed, approved and adopted this 16th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City
Clerk
CITY OF DUBUQUE, IOWA SIDEWALK
SHOVELING ASSESSMENTS FINAL AS-
SESSMENTS
Lot Description: Lot 16 Home Add, Parcel
Number: 1023479005, Mailing Address: 244
Bryant Street, Dubuque IA 52003-7501, Street
Address: 1495 Glen Oak Street, Valuation
With Improvement: $111,570.00, Sidewalk
Assessment: $95.00, Administrative Fee:
$50.00, Total Net Assessment: $145.00
19. 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. 88-15 Approving
applications for beer, liquor, and/or wine per-
mits, as required by City of Dubuque Code of
Ordinances Title 4 Business and License Reg-
ulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits
was adopted.
RESOLUTION NO. 88-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED 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
W hereas, applications for Beer, Liq-
uor, and or W ine Permits have been submitted
and filed with the City Council for approval and
the same have been examined and approved;
and
W hereas, the premises to be occu-
pied 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 RE-
SOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOW A:
Section 1. The City Clerk is hereby
authorized and directed to cause to be issued
the noted permit types to the following appli-
cants pending submission of the locally re-
quired documentation:
Renewals
Chopper's, 601 Rhomberg Ave., Class C Liq-
uor (Outdoor) (Sunday)
Eagles Club, 1175 Century Dr., Class C Liquor
(Outdoor) (Sunday)
Book 145 Regular Sessions, March 16, 2015 97
Exxtreme Pub, 1701 Central Ave., Class C
Liquor (Sunday)
Hartig Drug Company#8, 1600 University Ave.,
Class E Liquor, Class B Wine, Class C
Beer (Sunday)
Mindframe Theaters, 555 J.F. Kennedy Rd.
#105, Class C Liquor (Sunday)
Mystique Casino, 1855 Greyhound Park Dr.,
Class C Liquor, Class B Wine (Catering)
(Outdoor) (Sunday)
Salsa's Mexican Rest., 1091 Main St., Class C
Liquor (Sunday)
New
Eronel, 285 Main St, Class C Liquor (Sunday)
Passed, approved and adopted this 16th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 7-0.
1. 253 Main St. - Development Agreement:
City Manager recommending City Council set
a public hearing for April 6, 2015, on the De-
velopment Agreement with Ken Oberbroeck-
ling to redevelop property at 253 Main Street.
Upon motion the documents were received
and filed and Resolution No. 89-15 Fixing the
date for a Public Hearing of the City Council of
the City of Dubuque, Iowa on the proposed
issuance of Urban Renewal Tax Increment
Revenue Obligations and the Execution of a
Development Agreement relating thereto with
Ken Oberbroeckling, and providing for the pub-
lication of notice thereof was adopted setting a
public hearing for a meeting to commence at
6:30 p.m. on April 6, 2015 in the Historic Fed-
eral Building.
RESOLUTION NO. 89-15
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE OBLIGATIONS AND
THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH
KEN OBERBROECKLING, AND PROVIDING
FOR THE PUBLICATION OF NOTICE
THEREOF
Whereas, the City of Dubuque (City) and
Ken Oberbroeckling (Oberbroeckling) intend to
enter into a Development Agreement, subject
to the approval of the City Council, a copy of
which is now on file at the Office of the City
Clerk, City Hall, 13th and Central Avenue,
Dubuque, Iowa; and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests of City to approve the Development
Agreement with Oberbroeckling; and
Whereas, it is deemed necessary and ad-
visable that City should authorize Urban Re-
newal Tax Increment Revenue obligations, as
provided by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement
relating thereto for the purpose of carrying out
the rehabilitation of property located at 253
Main Street as hereinafter described; and
Whereas, before said obligations may be
approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of
the proposal and of the time and place of the
meeting at which the City Council proposes to
take action thereon and at which meeting the
City Council shall receive oral and/or written
objections from any resident or property owner
of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby author-
ized and directed to cause this Resolution and
a notice to be published as prescribed by Iowa
Code Section 403.9 of a public hearing on the
City's intent to authorize Urban Renewal Tax
Increment Revenue obligations, to be held on
the 6th day of April, 2015, at 6:30 o'clock p.m.
in the City Council Chambers at the Historic
Federal Building, 350 W. 6th St., Dubuque,
Iowa.
Section 2. The City Council will meet at
said time and place for the purpose of taking
action on the matter of authorizing Urban Re-
newal Tax Increment Revenue obligations and
the execution of the Development Agreement
relating thereto with Oberbroeckling, the pro-
ceeds of which obligations will be used to carry
out certain of the special financing activities
described in the Greater Downtown Urban
Renewal District, consisting of the funding of
economic developments grants to Ken Ober-
broeckling pursuant to the Development
Agreement under the terms and conditions of
said Urban Renewal Area Plan. It is expected
that the aggregate amount of the Tax Incre-
ment Revenue obligations is approximately
$115,000.00.
Section 3. The Clerk is hereby directed to
cause at least one publication to be made of a
notice of said meeting, in a newspaper, printed
wholly in the English language, published at
least once weekly, and having general circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore the date of said meeting on the issuance
of said obligations.
Section 4. That the notice of the proposed
action to issue said obligations shall be in sub-
stantially the form attached hereto.
98 Regular Session, March 16, 2015 Book 145
Passed, approved and adopted this 16th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. 1576 Locust - Development Agreement:
City Manager recommending the City Council
set a public hearing for April 6, 2015, on the
Development Agreement with Weaver Castle
LLC for redevelopment of 1576 Locust Street.
Upon motion the documents were received
and filed and Resolution No. 90-15 Fixing the
date for a Public Hearing of the City Council of
the City of Dubuque, Iowa on the execution of
a Development Agreement relating thereto
with Weaver Castle, LLC and providing for the
publication of notice thereof was adopted set-
ting a public hearing for a meeting to com-
mence at 6:30 p.m. on April 6, 2015 in the
Historic Federal Building.
RESOLUTION NO. 90-15
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE EXECUTION
OF A DEVELOPMENT AGREEMENT RE-
LATING THERETO WITH WEAVER CAS-
TLE, LLC AND PROVIDING FOR THE PUB-
LICATION OF NOTICE THEREOF
Whereas, the City of Dubuque (City) and
Weaver Castle, LLC (Developer) intend to
enter into a Development Agreement, subject
to the approval of the City Council, a copy of
which is now on file at the Office of the City
Clerk, City Hall, 13th and Central Avenue,
Dubuque, Iowa; and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests of City to approve the Development
Agreement with Developer; and
Whereas, it is deemed necessary and ad-
visable that City should enter into the Devel-
opment Agreement relating thereto for the
purpose of carrying out the rehabilitation of
property located at 1576 Locust Street as
hereinafter described; and
Whereas, before said agreement may be
approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of
the proposal and of the time and place of the
meeting at which the City Council proposes to
take action thereon and at which meeting the
City Council shall receive oral and/or written
objections from any resident or property owner
of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby author-
ized and directed to cause this Resolution and
a notice to be published as prescribed by Iowa
Code Section 403.9 of a public hearing on the
City's intent to authorize Urban Renewal Tax
Increment Revenue obligations, to be held on
the 6th day of April, 2015, at 6:30 o'clock p.m.
in the City Council Chambers at the Historic
Federal Building, 350 W. 6th St., Dubuque,
Iowa.
Section 2. The City Council will meet at
said time and place for the purpose of taking
action on the matter of authorizing the execu-
tion of the Development Agreement relating
thereto with Developer, consisting of the fund-
ing of economic developments grants to De-
veloper pursuant to the Development Agree-
ment.
Section 3. The Clerk is hereby directed to
cause at least one publication to be made of a
notice of said meeting, in a newspaper, printed
wholly in the English language, published at
least once weekly, and having general circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore the date of said meeting on the issuance
of said obligations.
Section 4. That the notice of the proposed
action shall be in substantially the form at-
tached hereto.
Passed, approved and adopted this 16th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
3. Fiscal Year 2015 Second Budget
Amendment: City Manager recommending the
second Fiscal Year 2015 Budget Amendment
be set for public hearing for April 6, 2015. Up-
on motion the documents were received and
filed and Resolution No. 91-15 Setting the date
for the public hearing on Amendment No. 2 to
Fiscal Year 2015 budget for the City of Dubu-
que was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on April 6,
2015 in the Historic Federal Building.
RESOLUTION NO. 91-15
SETTING THE DATE FOR THE PUBLIC
HEARING ON AMENDMENT NO. 2 TO THE
FISCAL YEAR 2015 BUDGET FOR THE
CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 pro-
vides that the City Council shall set a time and
place for a public hearing on amendments to
the budget and publish notice before the hear-
ing as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall con-
duct a public hearing on proposed Amendment
No.2 to the Fiscal Year 2015 budget for the
City of Dubuque at the City Council Chambers
at the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa on Monday, April 6,
2015, beginning at 6:30 p.m.
Book 145 Regular Sessions, March 16, 2015 99
Section 2. That the City Clerk be and is
hereby authorized and directed to publish no-
tice of the public hearing, according to law,
together with the required budget information.
Passed, approved and adopted this 16th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
4. Vacate Access, Utility and Storm Water
Drainage Easement Lot C Reche's Subdivision
- University of Dubuque Physician's Assistant
Building Addition: City Manager recommend-
ing that a public hearing be set for April 6,
2015, on the disposal of the City’s interest in
the subject property. Upon motion the docu-
ments were received and filed and Resolution
No. 92-15 Resolution of Intent to Vacate and
Dispose of City Interest in an access, utility,
and storm water drainage easement over and
across Lot C of Reche’s Subdivision in the City
of Dubuque, Dubuque County, Iowa was
adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on April 6, 2015 in
the Historic Federal Building.
RESOLUTION NO. 92-15
INTENT TO VACATE AND DISPOSE OF
CITY INTEREST IN AN ACCESS, UTILITY,
AND STORM WATER DRAINAGE EASE-
MENT OVER AND ACROSS LOT C OF RE-
CHE’S SUBDIVISION IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, the University of Dubuque is the
current owner of Lot C of Reche’s Subdivision
in the City of Dubuque, Dubuque County, Io-
wa; and
Whereas, an access, utility, and storm wa-
ter drainage easement was reserved over Lot
C of Reche’s Subdivision according to City of
Dubuque Resolution Number 346-90 recorded
as file number 8090-90 in the office of the
Dubuque County Recorder; and
Whereas, the University of Dubuque is
planning an addition to the existing Physician’s
Assistant building and where said addition lies
over said access, utility, and storm water
drainage easement; and
Whereas, the University of Dubuque has
petitioned to vacate the access, utility, and
storm water drainage easement across said
Lot C of Reche’s Subdivision in order to facili-
tate the construction of the Physician’s Assis-
tant building.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, in-
tends to vacate and dispose of its interest in
the access, utility, and storm water drainage
easement across said Lot C of Reche’s Subdi-
vision in the City of Dubuque, Dubuque Coun-
ty, Iowa, as shown on the attached Exhibit.
Section 2. That the vacating and disposal
of interest in said easement is contingent upon
the following conditions:
1. All of the construction, reconstruction,
repair and maintenance of any existing sani-
tary sewer main and appurtenances between
Algona Street and Auburn Street shall become
the responsibility of the University of Dubuque
on the date of the resolution approving the
release of said easement over Lot C of Re-
che’s Subdivision.
2. Once ownership and responsibility of the
sanitary sewer is transferred, the University of
Dubuque shall provide regular maintenance as
appropriate for a sanitary sewer main on the
existing sanitary sewer between Algona and
Auburn Street.
Section 3. That the City Clerk be and is
hereby authorized and directed to cause a
notice of intent to dispose of said interest to be
published in the manner as prescribed by law.
Passed, approved and adopted this 16th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L Gleason, Assistant City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City
Council regarding their application to the fol-
lowing boards/commissions:
1. Environmental Stewardship Advisory
Commission: One, 3 Year term through Octo-
ber 1, 2017 (Vacant term of Splittstoeser) Ap-
plicants: Jalee Lynn Frommelt, 2540 Anamosa
Dr. Jalee Lynn Frommelt spoke in favor of her
appointment.
2. Housing Code Appeals Board: One, 3
Year term through January 11 1, 2016 (Vacant
term of Kinsella) Applicant: Ronald White,
3197 Highland Park Dr.
Appointments to the following commission
to be made at this meeting:
1. Library Board of Trustees: One, 4 Year
term through July 1, 2016 (Vacant term of An-
derson-Bricker) Applicants: Angela Allred,
1465 Parkway St. (Additional Applicant) Tom
Hamilton, 982 Center Pl., Pat Maddux, 1685
Fox Dr., Christina Monk, 2005 N. Main St.
Mayor Buol appointed Angela Allred to the
Library Board of Trustees for a 4-year term
through July 1, 2016.
2. Mechanical Code Board: Two, 3 year
terms through March 16, 2018 (Expiring terms
of Grothe and Valaskey) Applicants: David
Grothe, 2544 Elm (additional Applicant), Corey
Valaskey, 1385 Alta Vista. Motion by Braig to
reappoint David Grothe and Corey Valaskey to
100 Regular Session, March 16, 2015 Book 145
3 year terms through March 16, 2018. Se-
conded by Resnick. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the following items.
1. Request to Rezone - 1550 Clarke Drive:
Proof of publication on notice of public hearing
to consider a request by Clarke Universi-
ty/Daisy Halorson to rezone property at 1550
Clarke Drive to amend the Institutional District
to allow new outdoor lighting and expansion of
outdoor athletic facilities and the Zoning Advi-
sory Commission recommending approval,
with conditions that a direct sidewalk connec-
tion be extended from the 179-space parking
lot to both athletic fields. Motion by Jones to
receive and file the documents and that the
requirement that a proposed ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by
Connors. Planning Services Manager Laura
Carstens provided a staff report. Patrick Nor-
ton Zoning Board of Adjustment Chair re-
sponded to questions. Charles Kintzinger,
2212 Aspen Dr. spoke regarding concerns
such as lighting, noise and installation pro-
cess. Motion carried 6-0 with Resnick abstain-
ing.
Motion by Jones for final consideration and
passage of Ordinance No. 21-15 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by provid-
ing for the approval of an Amended Campus
Development Plan for the Clarke University ID
Institutional District to allow expansion of rec-
reation fields an installation of new lights north
of the Student Activity Center. Seconded by
Braig. Motion carried 6-0 with Resnick abstain-
ing.
OFFICIAL PUBLICATION
ORDINANCE NO. 21-15
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY PROVID-
ING FOR THE APPROVAL OF AN AMEND-
ED CAMPUS DEVELOPMENT PLAN FOR
THE CLARKE UNIVERSITY ID INSTITU-
TIONAL DISTRICT TO ALLOW EXPANSION
OF RECREATION FIELDS AN INSTALLA-
TION OF NEW LIGHTS NORTH OF THE
STUDENT ACTIVITY CENTER
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code, be amended by providing for
the approval of an amended campus devel-
opment plan for Clarke University ID Institu-
tional District, a copy of which is on file with
the City of Dubuque Planning Services De-
partment.
Section 2. Institutional District Regulations.
A. Use Regulations: The following regula-
tions shall apply to all uses made of land in the
above-described ID Institutional District:
1. Principal permitted uses shall be limited
to:
a. Offices for administrative personnel
or other institutional employees and affili-
ates.
b. Churches, libraries, and museums.
c. Classrooms, laboratories, lecture
halls, and similar places of institutional as-
sembly.
d. Off –street parking and loading.
e. Recreational or athletic facilities for
the primary use and benefit of institutional
residents or affiliates.
f. Single-family, two-family or multi-
family dwelling for the housing of institu-
tional residents or affiliates.
2. Accessory Use. The following uses shall
be permitted as accessory use in the above-
described ID institutional District.
a. Located entirely within a principal
building, bookstores, or bars seating not
more than seventy-five (75) persons at one
time and located not closer than two hun-
dred feet (200’) from the nearest Residen-
tial or Office Residential District.
b. All uses customarily incidental to the
principal permitted uses in conjunction with
which such accessory uses operated or
maintained, but not to include commercial
use outside the principal building.
3. No conditional uses shall be allowed.
B. Lot and Bulk Regulations: Develop-
ment of land in the ID Institutional District
shall be regulated as follows:
The proposed recreation field expan-
sion, including new lights, shall be con-
structed in substantial compliance with the
attached amended Campus Development
Plan.
C. Performance Standards: The devel-
opment and maintenance of uses in this ID
Institutional District shall be established in
conformance with Section 5-22 of the Uni-
fied Development Code and the following
standards:
1. That a paved pedestrian pathway
shall be constructed to connect the
large parking lot at the northwest cor-
ner of Clarke Drive and Clarke Crest
Estates with both the new half practice
field and the existing athletic field adja-
cent to the Student Activity Center.
2. The storm water control shall be
designed and built in accordance with
Book 145 Regular Sessions, March 16, 2015 101
city regulations subject to review and
approval by the City of Dubuque Engi-
neering Department.
3. That appropriate erosion and
sediment control will be installed prior
to commencement of any land disturb-
ing activity related to the subject pro-
ject, including all required state and city
permits related to erosion control.
4. Landscaping shall be provided in
compliance with Article 13 of the Uni-
fied Development Code.
5. All utilities, including telephone
and cable television, shall be installed
underground.
6. Final site plans shall be submit-
ted in accordance with Articles 12 and
13 of the Unified Development Code.
D. Parking Requirements: The off-
street parking requirements for the princi-
pal permitted uses for the herein described
ID Institutional District shall be regulated as
follows.
1. The number, size and layout of
off-street parking shall be in substantial
compliance with the amended campus
plan.
2. The design of the parking lot
shall comply with Article 13 of the Uni-
fied Development Code.
3. Any significant expansion or re-
duction in the number of off-street park-
ing spaces must be reviewed by Plan-
ning Services staff for compliance with
the adopted Institutional District regula-
tions.
E. Sign Regulations: The sign regula-
tions shall be the same as that which are
allowed in the ID Institutional District as es-
tablished in Article 15 of the Unified Devel-
opment Code.
F. Additional Standards: That all previ-
ously approved campus development
plans are hereby amended to allow for the
attached campus development plan.
G. Transfer of Ownership: Transfer of
ownership of property in this ID Institutional
District requires rezoning of the property to
an appropriate zoning district.
H. Modifications: Any modifications of
this Ordinance must be approved by the
City Council in accordance with zoning re-
classification proceedings of Article 9 of the
Unified Development Code.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 4. The foregoing amendment shall
take effect upon publication, as provided by
law.
Passed, approved and adopted this 16th
day of March, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of March, 2015.
/s/Trish L. Gleason, Assistant City Clerk
2. Request to Rezone - 2750 Balboa Drive:
Proof of publication on notice of public hearing
to consider a request by Mary’s Inn to rezone
the property at 2750 Balboa Drive to rezone
property from R-1 Single-Family Residential
district to R-3 Moderate Density Multi-Family
Residential district and the Zoning Advisory
Commission recommending approval, with the
condition that the list of permitted uses be lim-
ited to a single-family home. Motion by Lynch
to receive and file the documents and that the
requirement that a proposed ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by
Resnick. Planning Services Manager Laura
Carstens provided a staff report. Attorney John
Freund, 1005 Main St representing Mary’s Inn
presented information regarding the rezoning
request. Citizens; Mike Irvin 2760 Balboa Dr.,
Lisa Tilp 2735 Balboa Dr., George Portzen
2753 Balboa Dr. spoke against the rezoning
request. Allen Troupe 2003 Key Way Apt. 2,
Tim Rahf, 2750 Balboa Dr., and Harry Blewett
Ruhl & Ruhl Realtor spoke in favor of the re-
zoning request. Motion carried 7-0.
Motion by Lynch for final consideration and
passage of Ordinance No. 22-15 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by reclas-
sifying hereinafter described property located
at 2750 Balboa Drive from R-1 Single-Family
Residential District to R-3 Moderate Density
Multi-Family Residential District with conditions
as established in the attached Memorandum of
Agreement. Seconded by Braig. Motion carried
7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 22 -15
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 2750 BALBOA
DRIVE FROM R-1 SINGLE- FAMILY RESI-
DENTIAL DISTRICT TO R-3 MODERATE
DENSITY MULTI-FAMILY RESIDENTIAL
DISTRICT WITH CONDITIONS AS ESTAB-
LISHED IN THE ATTACHED MEMORAN-
DUM OF AGREEMENT
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, the Unified
Development Code, is hereby amended by
102 Regular Session, March 16, 2015 Book 145
reclassifying the hereinafter-described proper-
ty from R-1 Single-Family Residential District
to R-3 Moderate Density Multi-Family Residen-
tial District with conditions, to wit:
Lot 10 Block 5 Marycrest Subdivision
#2, and to the centerline of the adjoin-
ing public right-of-way, all in the City of
Dubuque, Iowa.
Section 2. That the foregoing amendment
has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 16th
day of March, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of March, 2015.
/s/Trish L. Gleason, Assistant City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Code of Ordinances Amendment - Title
6 Housing Code Appeals Board: City Manager
recommending approval of an ordinance which
creates a new Title 6, Chapter 6, Section 6-6-8
which establishes the Housing Code Appeals
Board and provides for the powers, operation,
membership, and meetings, and reduces
membership from seven residents to five resi-
dents. 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 Braig. Motion carried
7-0.
Motion by Connors for final consideration
and passage of Ordinance No. 23-15 Amend-
ing City of Dubuque Code of Ordinances Title
6 Health, Housing, Sanitation and Environ-
ment, Chapter 6 Housing Regulations by Re-
pealing Section 6-6-8 Housing Code Appeals
Board and Adopting A New Section 6-6-8
Housing Code Appeals Board in Lieu Thereof
Establishing the Housing Code Appeals Board,
Providing for the Powers, Operation, Member-
ship, and Meetings, and Reducing Member-
ship From Seven (7) Residents To Five (5)
Residents Seconded by Jones. Motion carried
7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 23-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 6 HEALTH, HOUS-
ING, SANIT ATION AND ENVIRONMENT,
CHAPTER 6 HOUSING REGULATIONS BY
REPEALING SECTION 6-6-8 HOUSING
CODE APPE ALS BOARD AND ADOPTING
A NEW SECTION 6-6-8 HOUSING CODE
APPE ALS BOARD IN LIEU THEREOF ES-
TABLISHING THE HOUSING CODE AP-
PEALS BOARD, PROVIDING FOR THE
POWERS, OPERATION, MEMBERSHIP,
AND MEETINGS, AND REDUCING MEM-
BERSHIP FROM SEVEN (7) RESIDENTS
TO FIVE (5) RESIDENTS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-6-8 of the City of
Dubuque Code of Ordinances is hereby re-
leased and the following adopted in lieu there-
of:
6-6-8: HOUSING CODE APPEALS
BOARD:
A. Board Created: There is hereby created
the Housing Code Appeals Board.
B. Purpose: The purpose of the board is to
conduct hearings upon application by any per-
son aggrieved by a notice and order of the city
manager issued in connection with a violation
of the Housing Code or of any applicable rule
or regulation issued pursuant to the Housing
Code.
C. Internal Organization and Rules: The
board may adopt rules and regulations to gov-
ern its organizational procedures as may be
necessary and which are not in conflict with
this Code of Ordinances or the Iowa Code.
D. Procedures for Operation: All adminis-
trative, personnel, accounting, budgetary, and
procurement policies of the city govern the
board in all its operations.
E. Membership:
1. The board comprises five (5) resi-
dents of the city, appointed by the city
council.
2. Reasonable efforts will be made to
obtain representation of tenants,
landlords, building trade profession-
als, attorneys, realtors, and similar
candidates whose experience or pro-
fession provide unique and informed
view points as they relate to the deci-
sions that the board will provide.
F. Oath: Each person, upon appointment
or reappointment to the board, must execute
an oath of office at the first meeting of the
board following the appointment or reappoint-
ment or at the city clerk’s office any time prior
to the first meeting of the board.
G. Terms: The term of office for members
of the board is three (3) years or until such
member’s successor is qualified and appoint-
ed.
H. Vacancies: Vacancies must be filled in
the same manner as original appointments.
I. Officers/Organization: The board must
Book 145 Regular Sessions, March 16, 2015 103
choose annually a chairperson and vice-
chairperson, each to serve a term of one (1)
year. The board must fill a vacancy among its
officers for the remainder of the officer’s unex-
pired term at the first regular meeting of each
year. The city manager’s designee will serve
as secretary to the board and must provide all
decisions and findings in writing to the appel-
lant.
J. Meetings:
1. Regular Meetings. The board must
meet when there are appeals to be
heard.
2. Special Meetings. Special meet-
ings may be called by the chairper-
son, at the written request of a majori-
ty of the members, or the city manag-
er or city manager’s designee.
3. Open Meetings. All meetings must
be called and held in conformance
with the Iowa Open Meetings Law.
4. Attendance.
a. In the event a member of the
board has been absent for three
(3) or more consecutive meet-
ings of the board, without being
excused by the chairperson,
such absence will be grounds
for the board to recommend to
the city council that the position
be declared vacant and a re-
placement appointed.
b. Attendance must be entered
upon the minutes of all meet-
ings.
5. Minutes. A copy of the minutes of
all regular and special meetings of
the board must be filed with the city
council within ten (10) working days
after each meeting, or by the next
regularly scheduled city council meet-
ing, whichever is later.
6. Quorum. Three (3) members of the
board constitute a quorum for the
transaction of business. The affirma-
tive vote of a majority of the members
present and voting is necessary for
the adoption of any motion or resolu-
tion.
K. Compensation: Members serve without
compensation, provided that they may receive
reimbursement for necessary travel and other
expenses while on official board business with-
in the limits established in the city administra-
tive policies and budget.
L. Removal: Except as provided in J(4)(a),
the city council may remove any member as
provided in Iowa Code § 372.15.
M. Powers: The board has the following
powers, duties, and responsibilities:
1. The board, by a majority vote, may:
a. Sustain the notice and order;
b. Grant a variance;
c. Grant an extension of time; or
d. Grant a waiver of applicability in
the case of the levying of rental dwell-
ing operating license penalties.
2. In granting an extension or variance of
any notice or order, or waiver of applica-
tion of a licensing penalty, the board
must observe the following conditions:
a. The board may grant an extension
of time for the compliance of any no-
tice and order for not more than nine-
ty (90) days, subject to appropriate
conditions and provided that the
board makes specific findings of fact
based on evidence relating to the fol-
lowing:
(1) That there are practical difficul-
ties or unnecessary hardships in
carrying out the strict letter of any
notice and order;
(2) That such an extension is in
harmony with the general purpose
and intent of the Housing Code in
securing the public health, safety,
and general welfare; and
(3) That the violation in question
does not constitute an imminent
threat to public health, safety, and
welfare.
b. The board may grant a variance in
a specific case and from a specific
provision of the Housing Code sub-
ject to appropriate conditions and
provided the board makes specific
findings of fact based on evidence re-
lated to the following:
(1) That there are practical difficul-
ties or unnecessary hardships in
carrying out the strict letter of any
notice and order;
(2) That the effect of the application
of the provisions would be arbitrary
in the specific case;
(3) That an extension would not
constitute an appropriate remedy
for these practical difficulties or un-
necessary hardships;
(4) That such variance is in harmo-
ny with the general purpose and in-
tent of the Housing Code in secur-
ing the public health, safety, and
general welfare and does not con-
stitute an imminent danger to the
public; or
(5) That the repairs and alterations
necessary for the preservation, res-
toration, or continued use of a build-
ing or structure may be made with-
out conformance to all of the re-
quirements of the Housing Code,
when authorized by the appeals
board, provided:
i. The building or structure has
104 Regular Session, March 16, 2015 Book 145
been designated by official action
of the applicable legislative or
administrative body as having
special historical or architectural
significance.
ii. Any substandard conditions as
described in this Code will be cor-
rected.
c. The board may grant a waiver of
penalties, subject to appropriate con-
ditions and provided the board makes
specific findings of fact that the levy-
ing of the penalty was inconsistent
with the provisions of this Code.
Section 2. Nothing herein effects the term
of any person serving as a member of the
board as of the effective date of this Ordi-
nance.
Section 3. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 16th
day of March, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of March, 2015.
/s/Trish L. Gleason, Assistant City Clerk
2. Rental Property Management Program:
City Manager recommending approval of an
Ordinance which updates the name of the pro-
gram. Motion by Jones to receive and file the
documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Connors. Motion
carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 24-15 Amending
City of Dubuque Code of Ordinances Title 6
Health, Housing, Sanitation and Environment,
Chapter 6 Housing Regulations, Section 6-6-7
Licenses and Inspections by changing the
program name from Crime Free Multi-Housing
to Successful Rental Property Management.
Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 24-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 6 HEALTH, HOUS-
ING, SANIT ATION AND ENVIRONMENT,
CHAPTER 6 HOUSING REGULATIONS,
SECTION 6-6-7 LICENSES AND INSPEC-
TIONS BY CHANGING THE PROGRAM
NAME FROM CRIME FREE MULTI-
HOUSING TO SUCCESSFUL RENTAL
PROPERTY MANAGEMENT
NOW , THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-6-7 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
6-6-7: LICENSES AND INSPECTIONS:
A. Rental Dwelling Operating License:
. . . .
3. Suspension/Revocation:
a. The city manager may, for good
cause, suspend or revoke a rental
dwelling operating license for a dwell-
ing, and in the case of a multi-family
dwelling, suspend the license as to one
or more units for a period not to ex-
ceed one year for any of the following:
. . . .
(5) Failure to attend the city’s rental
property management program; or
. . . .
4. Licenses: The city manager is hereby
authorized to issue and renew a rental
dwelling operating license in the name of
the applicant property owner, manager, or
licensed real estate professional, provided
the following criteria are met:
. . . .
e. Completion of Program: The proper-
ty owner or manager must have com-
pleted the city’s rental property man-
agement program or a program of con-
tinuing education approved by the city
manager as follows:
. . . .
(6) Licensed real estate profes-
sionals are exempted from the
city’s rental property management
program attendance requirement.
(7) The city manager may waive the
continuing education/city’s rental
property management program at-
tendance requirement upon the
submission of a written request by
a property owner, manager, or li-
censed real estate professional and
after finding that:
. . . .
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 16th
day of March, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of March, 2015.
/s/Trish L. Gleason, Assistant City Clerk
3. 2015 Asbury Road Rehabilitation Project
Award: City Manager recommending award of
the construction contract to the low bidder,
Iowa Erosion Control, Inc. Motion by Braig to
receive and file the documents and adopt
Resolution No. 93-15 Awarding Public Im-
provement Contract for the 2015 Asbury Road
Book 145 Regular Sessions, March 16, 2015 105
Pavement Rehabilitation Project. Seconded by
Lynch. Motion carried 7-0.
RESOLUTION NO. 93-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE 2015 ASBURY ROAD
PAVEMENT REHABILITATION PROJECT
Whereas, sealed proposals have been
submitted by contractors for the 2015 Asbury
Road Pavement Rehabilitation Project (the
Project) pursuant to Resolution No. 36-15 and
Notice to Bidders published in a newspaper
published in the City of Dubuque, Iowa on the
13th day of February, 2015.
Whereas, said sealed proposals were
opened and read on the 5th day of March,
2015 and it has been determined that Iowa
Erosion Control, Inc. of Victor, Iowa, with a bid
in the amount of $317,619.47, 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 Iowa Erosion
Control, Inc. and the City Manager is hereby
directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for
the Project.
Passed, approved and adopted this 16th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
4. Novelty Iron Works - 3rd Amendment to
Development Agreement: City Manager rec-
ommending approval of a Third Amendment to
the Novelty Iron Works Development Agree-
ment. Motion by Connors to receive and file
the documents and adopt Resolution No. 94-
15 Approving the Third Amendment to the
Development Agreement between the City of
Dubuque, Iowa and Novelty Iron Landlord,
LLC. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 94-15
APPROVING THE THIRD AMENDMENT TO
THE DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND NOVELTY IRON LANDLORD, LLC
Whereas the City of Dubuque, Iowa (City)
and Warehouse Trust, LLC (Developer) en-
tered into a Development Agreement dated for
reference purposes the 17th day of June, 2013
which Development Agreement was assigned
to Novelty Iron Landlord LLC the 5th day of
August, 2013; and
Whereas City and Developer now desire to
amend the Development Agreement as set
forth in the Third Amendment to Development
Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby ap-
proves the Third Amendment to Development
Agreement.
Section 2. The Mayor is authorized and di-
rected to sign the Third Amendment to Devel-
opment Agreement on behalf of the City of
Dubuque.
Passed, approved and adopted this 16th
day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
5. Art on the River - Arts and Cultural Af-
fairs Advisory Commission Recommendation:
The Arts and Cultural Affairs Advisory Com-
mission is recommending that the City Council
concur with the 2015 Art on the River jury se-
lections and recommendations for outdoor
sculpture at the Port of Dubuque. Motion by
Braig to receive and file the documents and
approve the recommendation. Seconded by
Braig. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Connors gave a
shout out to local youth at Hempstead High
School for their wonderful presentation of a
class project regarding what youth need in
Dubuque. Connors also acknowledged Olivia
Fransen a 6th grader at Eleanor Roosevelt
Middle School who won the Iowa League of
Cities 5th annual “If I Were Mayor….” Contest.
In addition, Connors spoke regarding an open
house she attended where Wahlert Catholic
High School students showed off their winning
antiroll-back devises for wheel chairs.
There being no further business, upon mo-
tion the City Council adjourned at 8:09 p.m.
/s/ Trish L. Gleason, CMC, Assistant City Clerk
106 Special and Regular Sessions, April 6, 2015 Book 145
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:30 p.m. on April 6, 2015 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 special session of the City Council called for
the purpose of conducting a work session for
the Catfish Creek Watershed management
Plan.
Work Session
Catfish Creek Watershed Management Plan
• Watershed Planning Steps (Ad-
dresses USEPA/Iowa DNR 9 El-
ements)
• Watershed Field Inventory
• Important Natural Areas
• Future Land Use/Land Cover
• Green Infrastructure Network
• Water Quality Criteria Exceed-
ances
• Pollutant Loading Model Results
• Flood Problem Areas
• Policy Recommendations
• Site Specific Management
Measures
• Detention Basin Recommenda-
tions
• Wetland Restoration Recommen-
dations
• Streambank, Channel, & Riparian
Restoration
• Stream & Riparian Area Restora-
tion
• Green Infrastructure Protection
Areas
• Existing Agricultural Management
Practices
• High Priority-Critical Areas
• State Revolving Fund (SRF)
Sponsorship Project – Catfish
Creek
• Other Projects and Future Goals
There being no further business, upon mo-
tion the City Council adjourned at 6:01 p.m.
/s/Trish Gleason, Assistant City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on April 6, 2015 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 for
the purpose of conducting such business that
may properly come before the City Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Community Development Week (April 6-
11) accepted by Theresa Caldwell President of
the Washington Neighborhood Association
2. Mayor's Day of Recognition for National
Service (April 7) Natalie Blatz with AmeriCorp
Partners in Learning and Beth Kelchen, Pro-
ject Director with Retired and Senior Volunteer
Program
3. Smart Money Week (April 18 - 25) ac-
cepted by Amy Muchmore, Adult Services
Manager, Carnegie-Stout Public Library
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7-0.
1. Minutes and Reports Submitted: Arts
and Cultural Affairs Advisory Commission
2/25, 3/10; Historic Preservation Commission
of 3/19; Library Board of Trustees of 1/22,
2/17; Sister City Relationships Advisory Com-
mission of 3/18; Proof of Publication City
Council proceedings of 2/15, 3/2, 3/3, 3/5. Up-
on motion the documents were received and
filed.
2. Notice of Claims and Suits: Shanita Al-
exander for vehicle damage; Kristine Blake-
man for vehicle damage; Carol Boge for prop-
erty damage; Linda Chong for property dam-
age; Jennifer Feist for personal injury; Will
Gross for property damage; Robert Hall for
property damage; Laura Merritt for property
damage; James Meyer for property damage;
Thomas Miller for personal injury; Mark
Sarazin for property damage; Elizabeth Smith
Book 145 Regular Session, April 6, 2015 107
for property damage; Trigger Happy Tattoo for
revenue loss; Joyce and Albert Wienden-
bacher for property damage. Upon motion the
documents were received, filed and referred to
the City Attorney.
3. Disposition of Claims: City Attorney advising
that the following claims have been referred to
Public Entity Risk Services of Iowa, the agent
for the Iowa Communities Assurance Pool:
Shanita Alexander for vehicle damage; Kristine
Blakeman for vehicle damage; Carol Boge for
property damage; Linda Chong for property
damage; Jennifer Feist for personal injury; Will
Gross for property damage; Robert Hall for
property damage; Laura Merritt for property
damage; James Meyer for property damage;
Thomas Miller for personal injury; Mark
Sarazin for property damage; Joyce and Albert
Wiendenbacher for property damage. Upon
motion the documents were received, filed and
concurred.
4. AmeriCorps VISTA Project Application:
City Manager recommending approval of the
AmeriCorps VISTA grant application to the
Corporation for National and Community Ser-
vice for four VISTA positions focused on the
Third Grade Reading Initiative. Upon motion
the documents were received, filed and ap-
proved.
5. Dubuque Marina Assignment of Lease:
City Manager recommending approval of the
Assignment of Lease with the understanding
that the Assignment of Lease should not be
considered by Pier Pressure Marine IA, Inc. as
any indication of whether the City will or will
not agree to an extension of the Lease. Upon
motion the documents were received, filed and
approved.
6. North Cascade Road Developers
Agreement: City Manager recommending ap-
proval of the North Cascade Road Developers
Agreement. Upon motion the documents were
received, filed and approved.
7. US Department of Housing and Urban
Development (HUD) Resiliency Grant Applica-
tion - Phase I: City Manager recommending
approval for the submission of a Phase I appli-
cation to the US Department of Housing and
Urban Development National Disaster Resili-
ence Competition. Upon motion the docu-
ments were received, filed and approved.
8. Community Working/Investing in Neigh-
borhood Stabilization (WINS) Grant Program:
City Manager recommending approval of the
submittal of The Wells Fargo/U.S. Conference
of Mayors Community WINS (Work-
ing/Investing in Neighborhood Stabilization)
Grant Program joint application in partnership
with the Community Foundation of Greater
Dubuque and Northeast Iowa Community Col-
lege. Upon motion the documents were re-
ceived, filed and approved.
9. Art on the River - Arts and Cultural Af-
fairs Advisory Commission Modified Recom-
mendation: The Arts and Cultural Affairs Advi-
sory Commission is recommending that the
City Council concur with the updated 2015 Art
on the River jury selections and recommenda-
tions for outdoor sculpture at the Port of Dubu-
que. Upon motion the documents were re-
ceived, filed and approved.
10. Community Development Block Grant
FY15 Annual Action Plan-Amendment 2: City
Manager recommending approval of the
Community Development Block Grant Fiscal
Year 2015 Annual Action Plan- Amendment 2.
Upon motion the documents were received
and filed and Resolution No. 95-15 Approving
Fiscal Year 2015 (Program Year 2014) Annual
Action Plan Amendment 2 for Community De-
velopment Block Grant (CDBG) Funds was
adopted.
RESOLUTION NO. 95-15
APPROVING FISCAL YEAR 2015 (PRO-
GRAM YEAR 2014) ANNUAL ACTION PLAN
AMENDMENT 2 FOR COMMUNITY DEVEL-
OPMENT BLOCK GRANT (CDBG) FUNDS
Whereas, the City of Dubuque prepared
and filed an Annual Action Plan for Fiscal
Years 2015; and
Whereas, the City of Dubuque now desires
to amend said Annual Plan by reallocating
funds between existing activities; and
Whereas, said amendment is a non-
substantial amendment as provided in the
City's Citizen Participation Plan and therefore
must be approved by resolution of the City
Council after recommendation by the Commu-
nity Development Advisory Commission; and
Whereas, the Community Development
Advisory Commission reviewed said amend-
ment on March 18, 2015 and voted to approve
said amendment and recommend approval by
the City Council.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Annual Action Plan for
Fiscal Year 2015 is here by amended into a
Fiscal Year 2015 (Program Year 2014) Annual
Action Plan – Amendment 2, attached hereto
as Exhibit A.
Section 2. That said Fiscal Year 2015
(Program Year 2014) Annual Action Plan
Amendment 2 attached hereto as Exhibit A is
hereby approved.
108 Regular Session, April 6 2015 Book 145
Section 4. That the City Manager is hereby
authorized and directed to submit a copy of
this resolution and amendment to the U.S.
Department of Housing and Urban Develop-
ment.
Passed, approved and adopted this 6th day
of March, 2015
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
11. PetData Contract Renewal: City Man-
ager recommending approval of a renewal
agreement with PetData, Inc. for the pet li-
censing service that processes the sale of all
dog and cat licenses in the City of Dubuque.
Upon motion the documents were received,
filed and approved.
12. Concession Agreement - Flora and
Sutton Swimming Pool: City Manager recom-
mending acceptance of the latest bid from
Paul Connors to operate the pool concessions.
Upon motion the documents were received,
filed and approved.
13. Iowa Department of Transportation
Grant Agreement for County/City Trailhead -
Corrected Version: City Manager recommend-
ing approval of the corrected version of the
Iowa Department of Transportation grant
agreement for the County/City Heritage Trail
Parking Lot along S. John Deere Road. Upon
motion the documents were received, filed and
approved.
14. Multicultural Family Center Agreement:
City Manager recommending approval of the
First Amendment to the Agreement between
the City of Dubuque and the Multicultural
Family Center. Upon motion the documents
were received, filed and approved.
15. Water & Resource Recovery Center
(W&RRC) Cogeneration Facilities Project Ac-
ceptance: City Manager recommending ac-
ceptance of the construction contract for the
Water and Resource Recovery Center Cogen-
eration Facilities Project, as completed by To-
tal Mechanical Services, Inc. Upon motion the
documents were received and filed and Reso-
lution No. 96-15 Accepting the Water and Re-
source Recovery Cogeneration Facilities Pro-
ject and Authorizing the Payment of the Con-
tract Amount to the Contractor was adopted.
RESOLUTION NO. 96-15
ACCEPTING THE WATER AND RESOURCE
RECOVERY COGENERATION FACILITIES
PROJECT AND AUTHORIZING THE PAY-
MENT OF THE CONTRACT AMOUNT TO
THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Water and Resource Recovery Cogen-
eration Facilities Project (the Project) has been
completed and the City Engineer has exam-
ined the work and filed a certificate stating that
the Project has been completed according to
the terms of the Public Improvement Contract
and that the City Engineer recommends that
the Project be accepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the Wa-
ter and Resource Recovery Cogeneration Fa-
cilities Project fund for the contract amount of
$3,227,096 less any retained percentage pro-
vided 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 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE WATER AND RE-
SOURCE RECOVERY COGENERATION
FACILITIES PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa hereby certifies that he has
inspected the Water and Resource Recovery
Cogeneration Facilities Project, that the Pro-
ject has been performed in compliance with
the terms of the Public Improvement Contract,
and that the total cost of the completed work is
$3,227,096.
Dated this 6th day of March, 2015.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 6th
day of March, 2015.
/s/Trish L. Gleason, Assistant City Clerk
16. Acceptance of Temporary Easement
for Grading and Construction and a Permanent
Easement for Sanitary Sewer from Davis
Place LLC: City Manager recommending ac-
ceptance of a temporary easement for grading
and construction and a permanent easement
for sanitary sewer from The Davis Place LLC
Upon motion the documents were received
and filed and Resolution No. 97-15 Accepting
a Grant of Temporary Easement for Grading
and Construction and Permanent Easement
for Sanitary Sewer Through, Over and Across
Part of Lot 3 in Davis Place II, in the City of
Dubuque, Iowa was adopted.
Book 145 Regular Session, April 6, 2015 109
RESOLUTION NO. 97-15
ACCEPTING A GRANT OF TEMPORARY
EASEMENT FOR GRADING AND CON-
STRUCTION AND PERMANENT EASEMENT
FOR SANITARY SEWER THROUGH, OVER
AND ACROSS PART OF LOT 3 IN DAVIS
PLACE II, IN THE CITY OF DUBUQUE, IO-
WA
Whereas, The Davis Place LLC has exe-
cuted a Temporary Easement for Grading and
Construction and a Permanent Easement for
Sanitary Sewer through, over and across Part
of Lot 3 in Davis Place II, in the City of Dubu-
que, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Temporary
Easement for Grading and Construction and a
Permanent Easement for Sanitary Sewer
through, over and across Part of Lot 3 in Davis
Place II, in the City of Dubuque, in the City of
Dubuque, Dubuque County, Iowa from Davis
Place LLC, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish Gleason, Assistant City Clerk
17. Final Plat for Derby Grange Acres: City
Manager recommending approval of the Final
Plat of Derby Grange Acres subject to allowing
22-foot paving width for Country View Drive
and Country View Court, a 25-foot lot frontage
for Lot 6, and waiving Sections 11-20 Water
Supply, 11- 21 Sanitary Sewer, 11-23 Obliga-
tion to Install Improvements, and 11-24 Im-
provement Guarantees. Upon motion the doc-
uments were received and filed; and Resolu-
tion No. 98-15 Approving the Final Plat of Der-
by Grange Acres in Dubuque County, Iowa
was adopted.
RESOLUTION NO. 98-15
APPROVING THE FINAL PLAT OF DERBY
GRANGE ACRES IN DUBUQUE COUNTY,
IOWA
Whereas, there has been filed with the City
Clerk a Final Plat of Derby Grange Acres; and
Whereas, said Final Plat provides for a 22-
foot pavement width for Country View Drive
and Country View Court, where 26-foot paving
width for a private street is required by Section
11-15 of Title 16 of the City of Dubuque Code
of Ordinances, Unified Development Code;
and
Whereas, said Final Plat provides 25 feet
of frontage for Lot 6 on a public street or an
approved private street, where 50 feet is re-
quired by Section 11-14 of Title 16 of the City
of Dubuque Code of Ordinances, Unified De-
velopment Code; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and has its approval endorsed thereon; and
Whereas, said Final Plat has been exam-
ined by the City Council and they find that it
conforms to the statutes and ordinances relat-
ing thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-15 of Title 16 of
the City of Dubuque Code of Ordinances, Uni-
fied Development Code, is waived to allow two
22-foot wide paved private streets.
Section 2. That Section 11-14 of Title 16 of
the City of Dubuque Code of Ordinances, Uni-
fied Development Code, is waived to allow 25
feet of frontage on a public street or an ap-
proved private street for Lot 6.
Section 3. That the City Council hereby
waives Sections 11-20 Water Supply, 11-21,
Sanitary Sewer, 11-23 Obligation to Install
Improvements, and 11-24 Improvement Guar-
antees.
Section 4. That the Final Plat of Derby
Grange Acres is hereby approved and the
Mayor and City Clerk are hereby authorized
and directed to endorse the approval of the
City of Dubuque, Iowa upon said final plat,
provided the owners of said property herein
named, execute their written acceptance here-
to attached agreeing:
a) To construct private street improve-
ments in accordance with improvement
plans approved by Dubuque County and
certified upon completion by a professional
engineer licensed by the State of Iowa.
b) To maintain the private street improve-
ments constructed as part of Derby Grange
Acres until such time as a homeowners
association is formed and is responsible for
maintenance of the same.
Section 5. That in the event Arboretum De-
velopment, LLC fails to execute the ac-
ceptance within 180 days after the date of this
Resolution, the provisions hereof shall be null
and void and the approval of the plat shall not
be effective.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
ACCEPTANCE OF RESOLUTION NO. 98-15
I, the undersigned, Greg Adams, repre-
senting Arboretum Development, LLC, having
read the terms and conditions of the Resolu-
110 Regular Session, April 6 2015 Book 145
tion No. 98 15 and being familiar with the con-
ditions thereof, hereby accept this same and
agree to the conditions required therein.
Dated in Dubuque, Iowa this 6th day of
April, 2015.
/s/Greg Adams
Arboretum Development, LLC
18. Utility Easements - Furuseth Property: City
Manager recommending approval of the pur-
chase of an Easement Agreement from Patri-
cia Furuseth for the construction of the utility
extension to the Dubuque Regional Airport and
approval of resolutions authorizing the City
Manager to take such further action as is re-
quired to complete the purchase of the Ease-
ments. Upon motion the documents were re-
ceived and filed and Resolution No. 99-15
Approving the Acquisition of Easements Upon
Real Estate Owned by Patricia F. Furuseth In
Dubuque County, Iowa; and Resolution No.
100-15 Accepting Grant of Easements Upon
Real Estate Owned by Patricia F. Furuseth in
Dubuque County, Iowa were adopted.
RESOLUTION NO. 99-15
APPROVING THE ACQUISITION OF EASE-
MENTS UPON REAL ESTATE OWNED BY
PATRICIA F. FURUSETH IN DUBUQUE
COUNTY, IOWA
Whereas, Patricia F. Furuseth is the owner
of the real property (the Property) legally de-
scribed as follows:
Lot Two (2) of Furuseth’s Eighth Subdivi-
sion in Section 23 and 24, T88N R2E of the
5th PM, Dubuque County, Iowa
Lot four (4) in Furuseth’s Subdivision in
Section 23, T88N R2E of the 5th PM, Dubuque
County, Iowa
Lot Thirty-three (33) in Furuseth’s Sixth
Subdivision in Sections 23 and 24, T88N R2E
of the 5th PM, Dubuque County, Iowa and;
Whereas, the City Manager has tentatively
agreed to purchase certain easements on the
Property (the Easements) for the Airport Utility
Extension Project from Patricia F. Furuseth
subject to the approval of an Easement
Agreement and Acceptance between City and
Patricia F. Furuseth by the City Council, such
Easements being shown on the attached
Easement Agreement and Acceptance; and
Whereas, the City Council has determined
that it would be in the best interests of the City
to approve the purchase of the Easements
from Patricia F. Furuseth.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby ap-
proves the Easement Agreement and Ac-
ceptance attached hereto.
Section 2. The City Manager and City At-
torney are authorized to take such further ac-
tion as is required to complete the purchase of
the Easements.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 100-15
ACCEPTING GRANT OF EASEMENTS UP-
ON REAL ESTATE OWNED BY PATRICIA F.
FURUSETH IN DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque, Iowa has
entered into an Agreement to purchase certain
Easements for the Airport Utility Extension
Project from Patricia F. Furuseth; and
Whereas, the terms of the Agreement have
been fulfilled.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts
the Grant of Easements for the Airport Utility
Extension Project from Patricia F. Furuseth
attached hereto.
Section 2. The City Manager is hereby au-
thorized and directed to execute and
acknowledge on behalf of the City of Dubuque
any instruments in connection therewith.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
19. Utility Easements - O'Rourke Property:
City Manager recommending approval of the
purchase of an Easement Agreement from
Paul O’Rourke for the construction of the Utility
Extension to the Dubuque Regional Airport
and approval of a resolution authorizing the
City Manager to take such further action as is
required to complete the purchase of the
Easements. Upon motion the documents were
received and filed and Resolution No. 101-15
Approving the Acquisition of Easements Upon
Real Estate Owned by O’Rourke Farms LLC in
Dubuque County, Iowa and Resolution No.
102-15 Accepting Grant of Easements Upon
Real Estate Owned By O’Rourke Farms LLC
In Dubuque County, Iowa were adopted.
RESOLUTION NO. 101-15
APPROVING THE ACQUISITION OF EASE-
MENTS UPON REAL ESTATE OWNED BY
O’ROURKE FARMS LLC IN DUBUQUE
COUNTY, IOWA
Whereas, O’Rourke Farms LLC is the
owner of the real property (the Property) legal-
ly described as follows:
Lot 1 of the SW ¼ of the NW ¼; Lot 2
of the E ½ of the SW ¼; Lot 1 of the
NW ¼ of the SW ¼; the SW ¼ of the
SW ¼; the E ½ of the NW ¼, Lot 1 of
the E ½ of the SW ¼, and, Lot 3 of
Book 145 Regular Session, April 6, 2015 111
the SW ¼ of the NW ¼, in Section
13, Township 88 North, Range 2 East
of the 5th P.M., in Dubuque County,
Iowa, according to the United States
Government Survey and the recorded
plats of said respective Subdivisions,
except the portions thereof taken by
State of Iowa by Condemnation, Book
Lands #58, Page 70 et seq., records
of Dubuque County, Iowa, subject to
easements of record, from April 11,
2006 at 8 A.M. and
The SW ¼ of Section 23, Township
88 North, Range 2 East of the 5th
P.M., according to the United States
Government Survey thereof, except
that portion thereof taken by the State
of Iowa for Highway Purposes by
Condemnation of Proceedings, sub-
ject to highway and easements of
record, from April 11, 2006 at 8 A.M.
and;
Whereas, the City Manager has tentatively
agreed to purchase certain easements on the
Property (the Easements) for the Airport Utility
Extension Project from O’Rourke Farms LLC
subject to the approval of an Offer to Buy Real
Estate and Acceptance between City and
O’Rourke Farms LLC by the City Council, such
Easements being shown on the attached Offer
to Buy Real Estate and Acceptance; and
Whereas, the City Council has determined
that it would be in the best interests of the City
to approve the purchase of the Easements
from O’Rourke Farms LLC.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby ap-
proves the Offer to Buy and Acceptance at-
tached hereto.
Section 2. The City Manager and City At-
torney are authorized to take such further ac-
tion as is required to complete the purchase of
the Easements.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 102 -15
ACCEPTING GRANT OF EASEMENTS UP-
ON REAL ESTATE OWNED BY O’ROURKE
FARMS LLC IN DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque, Iowa has
entered into an Agreement to purchase certain
Easements for the Airport Utility Extension
Project from O’Rourke Farms LLC; and
Whereas, the terms of the Agreement have
been fulfilled.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts
the Grant of Easements for the Airport Utility
Extension Project from O’Rourke Farms LLC
attached hereto.
Section 2. The City Manager is hereby au-
thorized and directed to execute and
acknowledge on behalf of the City of Dubuque
any instruments in connection therewith.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
20. Utility Easements - Speigel Property:
City Manager recommending approval of a
Grant of Easement for the Royal Oaks Devel-
opment Corporation Property and authoriza-
tion for the City Manager to execute the Grant
of Easement for the proposed construction of
the Utility Extension to the Dubuque Regional
Airport. Upon motion the documents were re-
ceived and filed and Resolution No. 103-15
Accepting Grant of Easement Upon Real Es-
tate Owned by Royal Oaks Development Cor-
poration in Dubuque County, Iowa was adopt-
ed.
RESOLUTION NO. 103-15
ACCEPTING GRANT OF EASEMENT UPON
REAL ESTATE OWNED BY ROYAL OAKS
DEVELOPMENT CORPORATION IN DUBU-
QUE COUNTY, IOWA
Whereas, the City of Dubuque, Iowa has
entered into an Agreement to purchase certain
Easements for the Airport Utility Extension
Project from Royal Oaks Development Corpo-
ration which are located in the following de-
scribed real estate and shown on the attached
Grant of Easement:
Lot A of Silver Oaks in Section 23,
Township 88 North, Range 2 East of
the 5th Principal Meridian, Dubuque
County, Iowa; and
Whereas, the terms of the Agreement have
been fulfilled.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts
the Grant of Easement for the Airport Utility
Extension Project from Royal Oaks Develop-
ment Corporation attached hereto.
Section 2. The City Manager is hereby au-
thorized and directed to execute and
acknowledge on behalf of the City of Dubuque
any instruments in connection therewith.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
112 Regular Session, April 6 2015 Book 145
21. Utility Easements - Tracy Property: City
Manager recommending approval of the pur-
chase of an Easement Agreement from Wil-
liam D. Tracy, William C. Tracy and Kay J.
Tracy for the construction of the Utility Exten-
sion to the Dubuque Regional Airport and ap-
proval of a resolution authorizing the City
Manager to take such further action as is re-
quired to complete the purchase of the Ease-
ments. Upon motion the documents were re-
ceived and filed and Resolution No. 104-15
Approving the Acquisition of Easements Upon
Real Estate Owned by William D. Tracy, Wil-
liam C. Tracy, Kay J. Tracy In Dubuque Coun-
ty, Iowa; and Resolution No. 105-15 Accepting
Grant of Easements Upon Real Estate Owned
by William D. Tracy, William C. Tracy, Kay J.
Tracy In Dubuque County, Iowa were adopted.
RESOLUTION NO. 104-15
APPROVING THE ACQUISITION OF EASE-
MENTS UPON REAL ESTATE OWNED BY
WILLIAM D. TRACY, WILLIAM C. TRACY,
KAY J. TRACY IN DUBUQUE COUNTY, IO-
WA
Whereas, William D. Tracy, William C. Tra-
cy, and Kay J. Tracy are the owners of the real
property (the Property) legally described as
follows:
LOT 2 OF LOT 2 IN THE SOUTHEAST
QUARTER (SE ¼) OF SECTION 14,
TOWNSHIP 88 NORTH, RANGE 2 EAST
OF THE 5TH PRINCIPAL MERIDIAN,
DUBUQUE COUNTY, IOWA; and
Whereas, the City Manager has tentatively
agreed to purchase certain easements on the
Property (the Easements) for the Airport Utility
Extension Project from William D. Tracy, Wil-
liam C. Tracy, and Kay J. Tracy subject to the
approval of an Easement Agreement and Ac-
ceptance between City and William D. Tracy,
William C. Tracy, and Kay J. Tracy by the City
Council, such Easements being shown on the
attached Easement Agreement and Ac-
ceptance; and
Whereas, the City Council has determined
that it would be in the best interests of the City
to approve the purchase of the Easements
from William D. Tracy, William C. Tracy, and
Kay J. Tracy.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby ap-
proves the Easement Agreement and Ac-
ceptance attached hereto.
Section 2. The City Manager and City At-
torney are authorized to take such further ac-
tion as is required to complete the purchase of
the Easements.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 105-15
ACCEPTING GRANT OF EASEMENTS UP-
ON REAL ESTATE OWNED BY WILLIAM D.
TRACY, WILLIAM C. TRACY, KAY J. TRACY
IN DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque, Iowa has
entered into an Agreement to purchase certain
Easements for the Airport Utility Extension
Project from William D. Tracy, William C. Tra-
cy, and Kay J. Tracy; and
Whereas, the terms of the Agreement have
been fulfilled.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts
the Grant of Easements for the Airport Utility
Extension Project from William D. Tracy, Wil-
liam C. Tracy, and Kay J. Tracy attached here-
to.
Section 2. The City Manager is hereby au-
thorized and directed to execute and
acknowledge on behalf of the City of Dubuque
any instruments in connection therewith.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
22. Mediacom Communications Company:
Correspondence from Lee Grassley, Senior
Manager of Government Relations for Media-
com Communications Company informing the
City of programming adjustments being im-
plemented on or about April 15, 2015. Upon
motion the documents were received and filed.
23. EPA Brownfields Area-Wide Planning
Program Grant: City Manager recommending
approval and acceptance of the Environmental
Protection Agency Brownfields Area-Wide
Planning Program Grant. Upon motion the
documents were received, filed and approved.
24. Signed Contracts: Bee Branch Creek
Railroad Crossing, Amendment to Service
Agreement with Canadian Pacific; Full Circle
Organics, LLC Renewal of Agreement. Upon
motion the documents were received and filed.
25. Letter of Commitment - Greater Dubu-
que Agriculture and Construction Machinery
Manufacturing Community Application: Sub-
mittal of this Letter of Commitment to the
Greater Dubuque Agriculture and Construction
Machinery Manufacturing Community applica-
tion under consideration from Northeast Iowa
Community College and our tri-state area
Book 145 Regular Session, April 6, 2015 113
partners for a regional Investing in Manufactur-
ing Communities Partnership designation. Up-
on motion the documents were received, filed
and approved.
26. Airport Utility Extension Project - Ac-
cepting Deed to Lot 1 of Silver Oaks: City At-
torney Barry Lindahl recommending adoption
of the resolution. Upon motion the documents
were received and filed and Resolution No.
106-15 Accepting the Deed to Lot 1 of Silver
Oaks in Section 23, Table Mound Township,
Dubuque County, Iowa, According to the Rec-
orded Plat Thereof from Royal Oaks Develop-
ment Corporation was adopted.
RESOLUTION NO. 106-15
ACCEPTING THE DEED TO LOT 1 OF SIL-
VER OAKS IN SECTION 23, TABLE MOUND
TOWNSHIP, DUBUQUE COUNTY, IOWA,
ACCORDING TO THE RECORDED PLAT
THEREOF FROM ROYAL OAKS DEVEL-
OPMENT CORPORATION
Whereas, the City of Dubuque, Iowa and
Royal Oaks Development Corporation entered
into a Pre-Annexation Agreement dated for
reference purposes the 18th day of August,
2014; and
Whereas, the Agreement provided among
other things that Royal Oaks Development
Corporation would convey to the City certain
real estate for a Booster Station for the Airport
Utility Extension Project; and
Whereas, the terms and conditions of the
Agreement with respect to the donation of the
Booster Station lot have been met.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The City of Dubuque, Iowa hereby ac-
cepts the Deed attached hereto.
2. The City Clerk is hereby authorized and
directed to record this Resolution and the
Deed with the Dubuque County Recorder.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
27. Alcohol Compliance Civil Penalty for
Alcohol License Holder - Sam's Club: City
Manager recommending approval of the Ac-
knowledgment/Settlement Agreement for an
alcohol compliance violation for Sam’s Club
#4973, 4400 Asbury Road. Upon motion the
documents were received, filed and approved.
28. Tobacco Compliance Civil Penalty for
Tobacco License Holder - Dave's Conoco: City
Manager recommending approval of the
Acknowledgement/Settlement Agreement for a
tobacco compliance violation for Dave's Cono-
co, 500 Locust St. Upon motion the documents
were received, filed and approved.
29. Tobacco Compliance Civil Penalty for
Tobacco License Holder - Family Dollar: City
Manager recommending approval of the
Acknowledgement/Settlement Agreement for a
tobacco compliance violation for Family Dollar
#1599, 2013 Central Avenue #4. Upon motion
the documents were received, filed and ap-
proved.
30. Alcohol License Applications: City Manag-
er recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon
motion the documents were received and filed
and Resolution No. 107-15 Approving applica-
tions for beer, liquor, and/or wine permits, as
required by City of Dubuque Code of Ordi-
nances Title 4 Business and License Regula-
tions, Chapter 2 Liquor Control, Article B Liq-
uor, Beer and Wine Licenses and Permits was
adopted.
RESOLUTION NO. 107-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Bunker Hill Golf Course, 2200 Bunker Hill Rd.,
Class C Liquor (Outdoor) (Sunday)
Fareway Store #114, 2050 J F K Blvd., Class
E Liquor, Class B Wine, Class C Beer
Hy-Vee #3, 400 Locust St., Class E Liquor,
Class B Wine, Class C Beer (Sunday)
Hy-Vee Gas #3, 300 Locust St., Class C Beer,
Class B Wine (Sunday)
Kwik Stop Food Mart, 2360 Central Ave.,
Class E Liquor, Class B Wine, Class C
Beer (Sunday)
114 Regular Session, April 6 2015 Book 145
Kwik Stop 16th St. #300, 1215 East 16th St.,
Class E Liquor, Class B Wine, Class C
Beer (Sunday)
Lina's Thai Bistro, 2055 Holliday Dr. #200,
Class C Liquor, Class B Wine (Sunday)
Neighbor’s Tap, 1899 Rockdale Rd., Class C
Liquor
Noonan's Tap, 1618 Central Ave., Class C
Liquor (Sunday)
Panchero's Mexican Grill, 4840 Asbury Rd.,
Class B Beer (Outdoor) (Sunday)
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
1. Upper Bee Branch Creek Channel,
Streets and Utilities Project: City Manager rec-
ommending authorizing the public bidding pro-
cess and establish a public hearing for April
20, 2015 for the Upper Bee Branch Creek –
Channel, Street and Utilities Project. Upon
motion the documents were received and filed
and Resolution No. 108-15 Upper Bee Branch
Creek – Channel, Streets, & Utilities Project
Preliminary Approval of Plans, Specifications,
Form of Contract, and Estimated Cost; Setting
Date of Public Hearing on Plans, Specifica-
tions, Form of Contract, and Estimated Cost;
and Ordering the Advertisement for Bids was
adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on April 20, 2015 in
the Historic Federal Building.
RESOLUTION NO. 108-15
UPPER BEE BRANCH CREEK – CHANNEL,
STREETS, & UTILITIES PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The proposed plans, specifica-
tions, form of contract and estimated cost for
the Upper Bee Branch Creek – Channel,
Streets & Utilities Project in the estimated
amount of $18,518,300, are hereby prelimi-
narily approved and ordered filed in the office
of the City Clerk for public inspection.
Section 2. A public hearing will be held on
the 20th day of April, 2015, at 6:30 p.m. in the
Historic Federal Building Council Chambers at
which time interested persons may appear and
be heard for or against the proposed plans and
specifications, form of contract and estimated
cost of said Project, and the City Clerk be and
is hereby directed to cause the attached notice
of the time and place of such hearing to be
published in a newspaper having general cir-
culation 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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
Section 3. The City Clerk is hereby di-
rected to advertise for bids for the construction
of the improvements herein provided, by pub-
lishing the attached Notice to Bidders to be
published in a newspaper having general cir-
culation 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 7th day of
May, 2015. Bids shall be opened and read by
the City Clerk at said time and will be submit-
ted to the City Council for final action at 6:30
p.m. on the 18th day of May, 2015, in the His-
toric Federal Building Council Chambers (sec-
ond floor), 350 West 6th Street, Dubuque, Io-
wa.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. Upper Bee Branch Creek Structures
Project: City Manager recommending authoriz-
ing the public bidding process and establish a
public hearing for April 20, 2015 for the Upper
Bee Branch Creek – Structures Project. Upon
motion the documents were received and filed
and Resolution No. 109-15 Preliminary Ap-
proval of Plans, Specifications, Form of Con-
tract, and Estimated Cost; Setting Date of Pub-
lic Hearing on Plans, Specifications, Form of
Contract, and Estimated Cost; and Ordering
the Advertisement for Bids was adopted set-
ting a public hearing for a meeting to com-
mence at 6:30 p.m. on April 20, 2014 in the
Historic Federal Building.
RESOLUTION NO. 109-15
UPPER BEE BRANCH CREEK – STRUC-
TURES PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
Book 145 Regular Session, April 6, 2015 115
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The proposed plans, specifica-
tions, form of contract and estimated cost for
the Upper Bee Branch Creek – Structures Pro-
ject in the estimated amount of $5,482,900,
are hereby preliminarily approved and ordered
filed in the office of the City Clerk for public
inspection.
Section 2. A public hearing will be held on
the 20th day of April, 2015, at 6:30 p.m. in the
Historic Federal Building Council Chambers at
which time interested persons may appear and
be heard for or against the proposed plans and
specifications, form of contract and estimated
cost of said Project, and the City Clerk be and
is hereby directed to cause the attached notice
of the time and place of such hearing to be
published in a newspaper having general cir-
culation 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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
Section 3. The City Clerk is hereby di-
rected to advertise for bids for the construction
of the improvements herein provided, by pub-
lishing the attached Notice to Bidders to be
published in a newspaper having general cir-
culation 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 30th day
of April, 2015. Bids shall be opened and read
by the City Clerk at said time and will be sub-
mitted to the City Council for final action at
6:30 p.m. on the 18th day of May, 2015, in the
Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque,
Iowa.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
3. North Cascade Road Housing - Urban
Renewal Plan Amendment: City Manager rec-
ommending City Council adopt the Resolution
of Necessity to begin the process of creating
the Urban Renewal Plan for the North Cas-
cade Road Housing Urban Renewal Area and
set a public hearing for May 4, 2015 on adop-
tion of the Amended Plan for the North Cas-
cade Road Housing Urban Renewal Area.
Upon motion the documents were received
and filed and Resolution No. 110-15 Of Ne-
cessity Finding That Certain Property Along
North Cascade Road is an Economic Devel-
opment Area and that the Development of
Said Area is Necessary in the Interest of the
Residents of the City of Dubuque, Iowa and
Setting a Date for Hearing on a Proposed
Amendment to Urban Renewal Plan for Said
District was adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on
May 4, 2015 in the Historic Federal Building.
RESOLUTION NO. 110-15
RESOLUTION OF NECESSITY FINDING
THAT CERTAIN PROPERTY ALONG
NORTH CASCADE ROAD IS AN ECONOMIC
DEVELOPMENT AREA AND THAT THE DE-
VELOPMENT OF SAID AREA IS NECES-
SARY IN THE INTEREST OF THE RESI-
DENTS OF THE CITY OF DUBUQUE, IOWA
AND SETTING A DATE FOR HEARING ON
A PROPOSED AMENDMENT TO URBAN
RENEWAL PLAN FOR SAID DISTRICT
Whereas, the City Council has heretofore
approved the Urban Renewal Plan for the
North Cascade Road Housing Urban Renewal
Area in order to enhance the City's ongoing
economic development efforts; and
Whereas, the City Council has determined
that the North Cascade Road Housing Urban
Renewal Area meets the definition of an eco-
nomic development area as defined in Iowa
Code Chapter 403; and
Whereas, a significant need for housing
units exists in the community and local re-
sources are needed to advance the develop-
ment; and
Whereas, City desires to allow for a poten-
tial increase in the amount of tax increment
financing to benefit Low and Moderate Income
(LMI) individuals in the community; and
Whereas, Iowa Code Chapter 403 requires
that before urban renewal authority may be
exercised, a City Council must adopt a resolu-
tion of necessity finding that the area in ques-
tion is a slum, blighted or economic develop-
ment area, and that so designating such area
is necessary in the interest of the public health,
safety or welfare of the residents of the munic-
ipality.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager has pre-
pared an Amended Urban Renewal Plan for
the North Cascade Road Housing Urban Re-
newal Area, attached hereto, and is directed to
begin the consultation process required by law
with affected taxing entities.
Section 2. That the City Clerk is directed to
publish notice of a public hearing on the adop-
tion of the Amended Plan for the North Cas-
cade Road Housing Urban Renewal Area to
be held on the 4th day of May, 2015, at 6:30
p.m. in the Historic Federal Building in Dubu-
que, Iowa 350 W. 6th Street, Dubuque, Iowa
116 Regular Session, April 6 2015 Book 145
and that said notice shall generally identify the
area covered by the Amended Plan and the
general scope of the activities planned for
such area.
Section 3. That the City Clerk is further di-
rected to send by ordinary mail a copy of said
Amended Plan and Notice of Public Hearing to
the Dubuque Community School District, the
County Board of Supervisors and the North-
east Iowa Community College, as the affected
taxing entities.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City
Council regarding their appointment to the
following Boards/Commissions:
1. Electrical Code Board: One, 3 Year term
through May 21, 2017 (Vacant term of Pfohl),
Applicant: Zach Dowell, 2055 Winne Ct. (Qual-
ifies as Journeyman/Maintenance)
Appointments to the following Boards or
Commissions:
1. Environmental Stewardship Advisory
Commission: One, 3 Year term through Octo-
ber 1, 2017 (Vacant term of Splittstoeser) Ap-
plicant: Jalee Lynn Frommelt, 2540 Anamosa
Dr. Motion by Braig to appoint Jalee Lynn
Frommelt, to a 3-year term through October 1,
2017. Seconded by Connors. Motion carried 7-
0.
2. Housing Code Appeals Board: One, 3
Year term through January 11, 2016 (Vacant
term of Kinsella) Applicant: Ronald White,
3197 Highland Park Dr. Motion by Jones to
appoint Ronald White to a 3-year term through
January 11, 2016. Seconded by Lynch. Motion
carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to
allow anyone present to address the City
Council and the following items.
1. SRF Green Alley Project - Bid Set 7
Year 1: Proof of publication on notice of public
hearing to consider approval of plans, specifi-
cations, form of contract, and estimated cost of
the SRF Green Alley Project Bid Set 7 - Year 1
and the City Manager recommending approv-
al. Motion by Connors to receive and file the
documents and adopt Resolution No. 111-15
Approval of Plans, Specifications, Form of
Contract, and Estimated Cost for the SRF
Green Alley Bid Set 7 – Year 1 Project; Reso-
lution No. 112-15 With Respect to the Adop-
tion of the Resolution of Necessity Proposed
for the SRF Green Alley Bid Set 7 – Year 1
Project; and Resolution No. 113-15 Approving
Schedule of Assessments and Estimate of
Total Cost for the SRF Green Alley Bid Set 7 –
Year 1 Project. Seconded by Jones. Motion
carried 7-0.
RESOLUTION NO. 111-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE SRF GREEN ALLEY BID
SET 7 – YEAR 1 PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
SRF Green Alley Bid Set 7 – Year 1 Project, in
the estimated amount $271,763.75, are hereby
approved.
Passed, adopted and approved this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 112-15
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OF NE-
CESSITY PROPOSED FOR THE SRF
GREEN ALLEY BID SET 7 – YEAR 1 PRO-
JECT
Whereas, the City Council has proposed a
Resolution of Necessity for the SRF Green
Alley Bid Set 7 – Year 1 Project and has given
notice of the public hearing thereon as re-
quired by law; and
Whereas, the public hearing has been
held, all persons offering objections have been
heard and consideration given to all objections
and is pending before this Council; and
Whereas, this is the time and place set as
provided for the taking of action on the pro-
posed Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity
described above is hereby:
Adopted, without amendment, and all ob-
jections filed or made having been duly con-
sidered are overruled.
Passed, adopted and approved this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 113-15
APPROVING SCHEDULE OF ASSESS-
MENTS AND ESTIMATE OF TOTAL COST
FOR THE SRF GREEN ALLEY BID SET 7 –
YEAR 1 PROJECT
Book 145 Regular Session, April 6, 2015 117
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plat, schedule of as-
sessments, and estimate of total cost for the
SRF Green Alley Bid Set 7 – Year 1 Project
are hereby approved.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. 253 Main St. - Development Agreement:
Proof of publication on notice of public hearing
for the approval of the Development Agree-
ment with Ken Oberbroeckling to redevelop
property at 253 Main Street into four market
rate apartments and the City Manager recom-
mending approval. Motion by Lynch to receive
and file the documents and adopt Resolution
No. 114-15 Approving a Development Agree-
ment Between the City of Dubuque, Iowa and
Ken Oberbroeckling and the Issuance of Ur-
ban Renewal Tax Increment Revenue Obliga-
tions. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 114-15
APPROVING A DEVELOPMENT AGREE-
MENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND KEN OBERBROECKLING AND
THE ISSUANCE OF URBAN RENEWAL TAX
INCREMENT REVENUE OBLIGATIONS
Whereas, the City Council, by Resolution
No. 89 -15, dated March 16, 2015 declared its
intent to enter into a Development Agreement
with Ken Oberbroeckling; and
Whereas, pursuant to published notice, a
public hearing was held on April 6, 2015 at
6:30 p.m. in the Historic Federal Building, 350
W. 6th Street, Dubuque, Iowa for entering into
the Development Agreement for the purpose
of carrying out the rehabilitation of property
located at 253 Main Street; and
Whereas, it is the determination of the City
Council to enter into the Development Agree-
ment and to approve the issuance of Urban
Renewal Tax Increment Revenue obligations,
as provided by Chapter 403 of the Code of
Iowa, relating thereto for the purpose of carry-
ing out an Urban Renewal Plan as hereinafter
described, is in the public interest of the City of
Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development
Agreement by and between the City of Dubu-
que and Ken Oberbroeckling is hereby ap-
proved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Develop-
ment Agreement on behalf of the City and City
Clerk is authorized and directed to attest to his
signature.
Section 3. That the City Manager is author-
ized to take such actions as are necessary to
comply with the terms of the Development
Agreement as herein approved.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
3. 1576 Locust St. - Development Agree-
ment: Proof of Publication on notice of public
hearing to approve the Development Agree-
ment with Chris and Gary Stelpflug for rede-
velopment of property located at 1576 Locust
Street into three apartments and the City Man-
ager recommending approval. Motion by
Lynch to receive and file the documents and
adopt Resolution No. 115-15 Approving a De-
velopment Agreement Between the City of
Dubuque, Iowa and Weaver Castle, LLC. Se-
conded by Resnick. Motion carried 7-0.
RESOLUTION NO. 115-15
APPROVING A DEVELOPMENT AGREE-
MENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND WEAVER CASTLE, LLC
Whereas, the City Council, by Resolution
No. 90 -15, dated March 16, 2015 declared its
intent to enter into a Development Agreement
with Weaver Castle, LLC; and
Whereas, pursuant to published notice, a
public hearing was held on April 6, 2015 at
6:30 p.m. in the Historic Federal Building, 350
W. 6th Street, Dubuque, Iowa for entering into
the Development Agreement for the purpose
of carrying out the rehabilitation of property
located at 1576 Locust Street; and
Whereas, it is the determination of the City
Council that approval of the Development
Agreement according to the terms and condi-
tions set out in the Development Agreement is
in the public interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development
Agreement by and between the City of Dubu-
que and Weaver Castle, LLC is hereby ap-
proved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Develop-
ment Agreement on behalf of the City and City
Clerk is authorized and directed to attest to his
signature.
Section 3. That the City Manager is author-
ized to take such actions as are necessary to
comply with the terms of the Development
Agreement as herein approved.
118 Regular Session, April 6 2015 Book 145
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
4. Fiscal Year 2015 Second Budget
Amendment: City Manager recommending
approval of the second Fiscal Year 2015
Budget Amendment. Motion by Jones to re-
ceive and file the documents and adopt Reso-
lution No. 116-15 Amending the Current
Budget for the Fiscal Year Ending June 3 2015
(as amended last on 09/15/2014). Jacob Long,
4604 Cardinal Dr., addressed the council stat-
ing his concerns regarding the cities credit
rating, increased fees and upcoming debt.
Seconded by Braig. Motion carried 7-0.
~ Continued
Book 145 Regular Session, April 6, 2015 119
RESOLUTION NO. 116-15
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 3,
2015 (AS AMENDED LAST ON 09/15/2014.) Be it Resolved by the Council of the City of Dubuque
Section 1. Following notice published 03/20/15 and the public hearing held, 04/06/2015 the current
budget (as previously amended) is amended as set out herein and in the detail by fund type and activi-
ty that supports this resolution which was considered at that hearing:
Total Budget as
Certified or Last
Amended
Current
Amendment
Total Budget After
Current
Amendment
Revenues & Other Financing Sources
24,011,071
0
24,011,071 Taxes Levied on Property
Less: Uncollected Property Taxes-Levy
0 0 0
Net Current Property Taxes 24,011,071 0 24,011,071
Delinquent Property Taxes 0 0 0
TIF Revenues 10,622,261 0 10,622,261
Other City Taxes 14,959,338 132,710 15,092,048
Licenses & Permits 1,344,102 -56,605 1,287,497
Use of Money and Property 13,038,511 -1,182,302 11,856,209
Intergovernmental 67,339,296 -782,175 66,557,121
Charges for Services 37,705,466 0 37,705,466
Special Assessments 806,748 0 806,748
Miscellaneous 10,153,090 208,496 10,361,586
Other Financing Sources 122,826,988 -
97,970,164
Total Revenues and Other Sources 302,806,871 -
276,270,171
Expenditures & Other Financing Uses
28,414,303
-406,675
28,007,628 Public Safety
Public Works 12,646,253 -183,714 12,462,539
Health and Social Services 1,153,693 -4,331 1,149,362
Culture and Recreation 11,883,539 -429,966 11,453,573
Community and Economic Develop-
13,605,928 -557,799 13,048,129
General Government 7,958,727 -134,129 7,824,598
Debt Service 9,117,241 296,175 9,413,416
Capital Projects 81,558,738 -
59,903,247
Total Government Activities Expendi-
166,338,422 -
143,262,492
Business Type / Enterprises 139,129,578 -
118,501,103
Total Gov Activities & Business Ex-
305,468,000 -
261,763,595
Transfers Out 43,672,457 -9,457,036 34,215,421
Total Expenditures/Transfers Out 349,140,457 -
295,979,016
Excess Revenues & Other Sources
Over (Under) Expenditures/Transfers
Out Fiscal Year 28
-46,333,586 26,624,741 -19,708,845
Beginning Fund Balance July 1 107,292,283 0 107,292,283
Ending Fund Balance June 30 60,958,697 26,624,741 87,583,438
Passed this 6th day of April, 2015
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
120 Regular Session, April 6, 2015 Book 145
5. Vacate Access, Utility and Storm Water
Drainage Easement Lot C Reche's Subdivision
- University of Dubuque Physician's Assistant
Building Addition: Proof of publication on no-
tice of public hearing to vacate the easement
of Lot C Reche's Subdivision, and transfer of
ownership and maintenance responsibilities for
the public sanitary sewer at no cost to the Uni-
versity of Dubuque in exchange for the transfer
of ownership and maintenance of the sanitary
sewer main to the University of Dubuque. Mo-
tion by Connors to receive and file the docu-
ments and adopt Resolution No. 117-15 Dis-
posing of City Interest in an Access, Utility,
and Storm Water Drainage Easement Over
and Across Lot C of Reche’s Subdivision in the
City of Dubuque, Dubuque County, Iowa. Se-
conded by Braig. Motion carried 7-0.
RESOLUTION NO. 117-15
DISPOSING OF CITY INTEREST IN AN AC-
CESS, UTILITY, AND STORM WATER
DRAINAGE EASEMENT OVER AND
ACROSS LOT C OF RECHE’S SUBDIVISION
IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, pursuant to resolution and pub-
lished notice of time and place of hearing, pub-
lished in the Telegraph Herald, a newspaper of
general circulation published in the City of
Dubuque, Iowa on the 20th day of March,
2015, the City Council of the City of Dubuque,
Iowa met on the 6th day of April, 2015, at 6:30
p.m. in the Historic Federal Building, 350 West
6th Street, Dubuque, Iowa to consider the dis-
posal of City interest in an access, utility, and
storm water drainage easement over and
across real estate as shown on the attached
exhibit labelled “Easement Vacation Exhibit”
and described as:
Lot C of Reche’s Subdivision in the City of
Dubuque, 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 dispose
of City interest in said easement.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the release of City of
Dubuque interest in the access, utility, and
storm water drainage easement across said
Lot C of Reche’s Subdivision in the City of
Dubuque, Iowa to the University of Dubuque.
Section 2. That the Mayor be authorized
and directed to execute a Release of Ease-
ment, and the City Clerk be and is hereby au-
thorized and directed to deliver said Release
to the University of Dubuque.
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution and Release of
Easement in the offices of the City Assessor,
Dubuque County Recorder and Dubuque
County Auditor.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish Gleason, Assistant City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Eagle Point Energy Power Purchase
Agreement Reinstatement: City Manager rec-
ommending approval of reinstating the August
1, 2011 Agreement with Eagle Point Energy-
1, LLC effective May 1, 2015. Motion by Lynch
to receive and file the documents and adopt
Resolution No. 118-15 Reinstating the August
1, 2011 Agreement for Solar License and
Power Purchase between the City of Dubuque,
Iowa and Eagle Point Energy- 1, LLC. Se-
conded by Jones. Motion carried 7-0.
RESOLUTION NO. 118-15
REINSTATING THE AUGUST 1, 2011
AGREEMENT FOR SOLAR LICENSE AND
POWER PURCHASE BETWEEN THE CITY
OF DUBUQUE, IOWA AND EAGLE POINT
ENERGY- 1, LLC
Whereas, on August 1, 2011, the City of
Dubuque, Iowa (City) and Eagle Point Energy -
1, LLC (Eagle Point) entered into an Agree-
ment for Solar License and Power Purchase
(the August 1 Agreement); and
Whereas, a controversy arose as to
whether the August 1 Agreement was con-
sistent with Iowa law; and
Whereas, City and Eagle Point then en-
tered into the October 3, 2011 License Agree-
ment Regarding Solar Photovoltaic Equipment
(the October 3 Agreement); and
Whereas, the October 3 Agreement pro-
vided in Section 44 that upon the mutual writ-
ten consent of the parties, at any time during
the Term of the October 3 Agreement, that
Eagle Point is not a "public utility" under Iowa
law and that Eagle Point would not be in viola-
tion of any law or regulation if Eagle Point en-
gaged in selling the power generated by Eagle
Point to City on the basis of the amount of
power actually generated by Eagle Point, then
City could in its sole discretion and upon not
less than 30 days written notice to Eagle Point
elect that the October 3 Agreement would be
deemed null and void and the August 1
Agreement would be reinstated as the binding
agreement between the parties; and
Whereas, City and Eagle Point now agree
that Eagle Point is not a public utility and
would not be in violation of any law or regula-
tion in selling the power generated by it to City;
and
Book 145 Regular Session, April 6, 2015 121
Whereas, the City Council finds that it is in
the best interest of the City of Dubuque to re-
instate the August 1 Agreement; and
Whereas, City by this resolution hereby
provides notice to Eagle Point that the October
3 Agreement should be deemed null and void
and the August 1 Agreement should be rein-
stated.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF DUBUQUE, IO-
WA AS FOLLOWS:
Section 1. The October 3, 2011 License
Agreement Regarding Solar Photovoltaic
Equipment is hereby declared null and void.
Section 2. The August 1, 2011 Agreement
for Solar License and Power Purchase is
hereby reinstated effective May 1, 2015.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. Property Acquisition - Doris A. Graf
Farm: City Manager recommending approval
of an Offer to Buy Real Estate and Acceptance
to purchase the 166.3 acre Graf Farm. Motion
by Lynch to receive and file the documents
and adopt Resolution No. 119-15 Approving
the Acquisition of Real Estate owned by Doris
A. Graf in Dubuque County, Iowa. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 119-15
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY DORIS A. GRAF IN
DUBUQUE COUNTY, IOWA
Whereas, Doris A. Graf is the owner of the
following real property (the Property): Lot one
(1) of Graf Farm Subdivision #2, Dubuque
County, Iowa, according to the recorded plat
thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West
One-half of Northeast One- quarter, Section
25, Township 89 North , Range 1 East of the
5th Principal Meridian, in Center Township,
Dubuque County , Iowa; and
Lot 2 in “W.A. Norman Place" in Section
25, Center Township, Dubuque County, Iowa,
according to the plat thereof; and
The NW 1/4 of the SE 1/4 of Section 25,
Township 89 North, Range 1 East of the 5th
P.M., in Center Township, Dubuque County,
Iowa; and
Whereas, the City Manager has tentatively
agreed to purchase the Property from Doris A.
Graf, subject to the approval of an Offer to Buy
Real Estate and Acceptance between City and
Doris A. Graf by the City Council; and
Whereas, the City Council has determined
that it would be in the best interests of the City
to approve the purchase of the Property from
Doris A. Graf.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby ap-
proves the Offer to Buy and Acceptance at-
tached hereto.
Section 2. The City Manager and City At-
torney are authorized to take such further ac-
tion as is required to complete the purchase of
the Property.
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
3. Premier Bank Intercreditor Agreement:
City Manager recommending approval of an
Intercreditor Agreement with Premier Bank for
the German Bank Building, 342 Main Street.
Motion by Connors to receive and file the doc-
uments and adopt Resolution No. 120-15 Ap-
proving an Intercreditor Agreement Between
the City of Dubuque, Iowa and Premier Bank.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 120-15
APPROVING AN INTERCREDITOR
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND PREMIER BANK
Whereas, Premier Bank (Bank) entered in-
to a Promissory Note and related loan docu-
ments with James Madison, LLC, Mathew J.
Kluesner and Sarah E. Kluesner (Borrower),
pursuant to which Bank agreed to make a loan
to Borrower with respect to the German Bank
Building, which bank loan is secured by a
mortgage in favor of Bank; and
Whereas, City made a loan to German
Bank Building LLLP which loan has been as-
sumed by Borrower and is also secured by a
mortgage on the German Bank Building; and
Whereas, Borrower is in default on the
Bank mortgage and the City mortgage; and
Whereas, City and Bank wish to set forth
their agreement in the attached Intercreditor
Agreement for the purpose of establishing an
expeditious procedure for collecting the bal-
ances due on their respective loans; and
Whereas, the City Council of the City of
Dubuque, Iowa finds that it is in the best inter-
ests of the City to approve the Intercreditor
Agreement.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF DUBUQUE, IO-
WA AS FOLLOWS:
Section 1. The Intercreditor Agreement at-
tached hereto is hereby approved.
Section 2. The City Manager is hereby au-
thorized and directed to sign the Intercreditor
Agreement on behalf of the City of Dubuque
and to take such further action as may be nec-
essary to carry out the terms of the Intercredi-
tor Agreement.
122 Regular Session, April 6, 2015 Book 145
Passed, approved and adopted this 6th day
of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
4. Funding to Increase Library Hours: City
Manager recommending approval of an alloca-
tion in the Fiscal year 2016 budget, subject to
a future budget amendment. Motion by Con-
nors to receive and file the documents and
approve the recommendation. Seconded by
Jones. Motion carried 7-0.
5. Examining Board Member Appointment:
Correspondence from Rick Engelken, City
Assessor requesting appointment of a City
Council member to the Examining Board pur-
suant to Iowa Code 441.3 and documentation
of such appointment. Motion by Connors to
receive and file the documents and appoint
Council member Lynch to the Examining
Board. Seconded by Lynch. Motion carried 7-
0.
6. Request for Work Session - Parks to
People: City Manager recommending City
Council schedule a work session on May 18,
2015 at 5:15 pm for Parks to People. Motion
by Jones to set the work session as recom-
mended. Seconded by Braig. Motion carried 7-
0.
COUNCIL MEMBER REPORTS
Council member Braig acknowledged and
thanked Boy Scout Troop 69 for attending the
City Council meeting.
Council member Lynch requested staff de-
vote time to investigating and improving op-
tions to prevent possible child abductions.
Council member Jones congratulated Ben
Jacobson from the Telegraph Herald on his
recent promotion
PUBLIC INPUT
Allen Troupe 2003 Key Way Apt. 2,
thanked the council for their decision to rezone
the property at 2750 Balboa Drive for Mary’s
Inn.
CLOSED SESSION
Motion by Jones to convene in closed ses-
sion at 7:45 p.m. to discuss property acquisi-
tion pursuant to Chapter 21.5(1)(j) of the Code
of Iowa. Seconded by Resnick. Motion carried
7-0.
Upon motion the City Council reconvened
in open session at 8:12 p.m. stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 8:13 p.m.
/s/Trish L. Gleason, Assistant City Clerk
Book 145 Regular Session, April 20, 2015 123
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on April 20, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol (via phone); Mayor
Pro Tem Braig; Council Members Connors,
Jones, Lynch, Resnick, Sutton; City Manager
Van Milligen, City Attorney Lindahl
Mayor Pro Tem Braig 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.
PLEDGE OF ALLEGIANCE
INTRODUCTION
1. International City/County Management
Association Fellowship Exchange Program:
City Manager welcomed and introduced ICMA
Fellow Lieutenant Colonel Greg Ank of Fort
Sam, Houston, Texas.
PROCLAMATION(S)
1. Community Days of Caring Weekend
(April 24 & 25, 2015) was accepted by CDC
Committee Members Lisa Bauer and Julie
Kronlage;
2. Dubuque Yoga Festival Weekend (May
1-3, 2015) was accepted by Julia and Scott
Theisen of Body and Soul Spa;
3. Laughter Day (May 4, 2015) was ac-
cepted by Patrick Sterenchuk of Laughter Yo-
ga.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7-0.
1. Minutes and Reports Submitted: City
Council Proceedings of 4/6, Civil Service
Commission of 4/8, Human Rights Commis-
sion of 3/9, Library Board of Trustees Report
of 4/1, Zoning Advisory Commission of 4/1,
Zoning Board of Adjustment of 3/26, Proof of
Publication for City Council Proceedings of
March 12 & 16, Proof of Publication for List of
Claims and Summary of Revenues for Month
Ending 2/28. Upon motion the documents
were received and filed.
2. Notice of Claims and Suits: Robert &
Sally Boynton for vehicle damage, Betty Bren-
nan for property damage, David & Margaret
Ehlers for property damage, Thomas Gaul/JC
Real Estate for property damage, Ernesto
Gutierrez for vehicle damage, Karen Harring-
ton for property damage, Harold & Betty Wel-
ter for property damage. Upon motion the doc-
uments were received, filed and referred to the
City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Betty Brenan for property damage, Rob-
ert & Sally Boynton for vehicle damage,
Thomas Gaul/JC Real Estate for property
damage, Ernesto Gutierrez for vehicle dam-
age, Karen Harrington for property damage,
Trigger Happy Tattoo for loss of revenue, Har-
old and Betty Welter for property damage.
Upon motion the documents were received,
filed and concurred.
4. Sustainable Dubuque Community Grant
Recommendations: City Manager recommend-
ing funding of nine Sustainable Dubuque
Community grant requests as submitted by
Sustainable Dubuque Coordinator Cori Bur-
bach and the Application Review Committee.
Upon motion the documents were received,
filed and approved.
5. Storybook Hill Children's Zoo Boosters -
Renewal of Lease: City Manager recommend-
ing approval of a one-year lease that may be
renewed by mutual agreement for four more
one-year terms with Dubuque Children's Zoo
Boosters, Inc., for approximately ten acres of
Roosevelt Park on North Cascade Road to
operate the Storybook Hill Children’s Zoo. Up-
on motion the documents were received, filed
and approved.
6. Five Flags Center - Fiscal Year 2016
Detailed Operating Budget: City Manager rec-
ommending approval of the Fiscal Year 2016
Five Flags Center proposed operating budget
submitted by SMG. Upon motion the docu-
ments were received, filed and approved.
7. Lower Main Development, LLC Subordi-
nation Agreement: City Manager recommend-
ing approval of the execution of the Subordina-
tion Agreement with Lower Main Development,
LLC for the mortgage on the property located
at 137 Main Street. Upon motion the docu-
ments were received, filed and approved.
8. Linseed Oil Paintworks Building Project -
Contract Amendment No. 7: City Manager
recommending approval of an amendment to
124 Regular Session, April 20, 2015 Book 145
the CDBG Contract extending the completion
deadline to December 31, 2015 for the Lin-
seed Oil Paintworks Building project. Upon
motion the documents were received and filed
and Resolution No. 121-15 Authorizing the
execution of an Amendment to the Community
Development Block Grant (CDBG) Housing
Disaster Recovery Fund Contract between the
Iowa Economic Development Authority and the
City of Dubuque for the Linseed Oil Paintworks
Company Building Extending the contract
completion deadline was adopted.
RESOLUTION NO. 121-15
AUTHORIZING THE EXECUTION OF AN
AMENDMENT TO THE COMMUNITY DE-
VELOPMENT BLOCK GRANT (CDBG)
HOUSING DISASTER RECOVERY FUND
CONTRACT BETWEEN THE IOWA ECO-
NOMIC DEVELOPMENT AUTHORITY AND
THE CITY OF DUBUQUE FOR THE LIN-
SEED OIL PAINTWORKS COMPANY
BUILDING EXTENDING THE CONTRACT
COMPLETION DEADLINE
Whereas, the Iowa Economic Development
Authority in Contract 08-DRH-212 (the Con-
tract) originally awarded CDBG funds to the
City of Dubuque (City) for the redevelopment
of the Caradco Building; and
Whereas, the Contract was amended to in-
clude funding for the residential rehabilitation
of the Linseed Oil Paintworks Building; and
Whereas, the Iowa Economic Development
Authority amended the Contract on December
31, 2014 extending the completion date for the
Contract to December 31, 2015, a copy of
which amendment is attached hereto (the
Amendment); and
Whereas, the Iowa Economic Development
Authority has requested that City execute the
Amendment; and
Whereas, the City Council finds that the
Amendment is acceptable and necessary to
the growth and development of the City of
Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Amendment is hereby ap-
proved.
Section 2. The Mayor is hereby authorized
and directed to execute the Amendment on
behalf of the City of Dubuque and the City
Clerk is directed to forward the executed
Amendment to the Iowa Economic Develop-
ment Authority.
Passed, approved and adopted this 20th
day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin Firnstahl, City Clerk
9. Pier Pressure Marine IA, Inc. - Collateral
Assignment: City Manager recommending
approval of the Collateral Assignment of Lease
Agreement among Pier Pressure Marine IA,
Inc., Lessee (Borrower), City of Dubuque, Iowa
Lessor, and East Dubuque Savings Bank,
Lender. Upon motion the documents were
received, filed and approved.
10. Arts and Culture Master Plan - Con-
sultant Agreement: City Manager recommend-
ing approval of a contract between the City of
Dubuque and Lord Cultural Resources to de-
velop an Arts and Culture Master Plan. Upon
motion the documents were received, filed and
approved.
11. Dubuque Industrial Center Economic
Development District - Agricultural Land Area
Agreement: City Manager recommending ap-
proval of an agreement between the City and a
property owner, Doris A. Graf, for the inclusion
of her agricultural property in the proposed
expansion of the Dubuque Industrial Center
Economic Development District. Upon motion
the documents were received and filed and
Resolution No. 122-15 Approving an agree-
ment to include certain agricultural land in an
amended Urban Renewal Plan for Dubuque
Industrial Center Economic Development Dis-
trict was adopted.
RESOLUTION NO. 122-15
APPROVING AN AGREEMENT TO INCLUDE
CERTAIN AGRICULTURAL LAND IN AN
AMENDED URBAN RENEWAL PLAN FOR
DUBUQUE INDUSTRIAL CENTER ECO-
NOMIC DEVELOPMENT DISTRICT
Whereas, the City Council intends to con-
sider an amended Urban Renewal Plan (the
Plan) under Iowa Code Chapter 403 and pro-
ceed with activities authorized under that
Chapter in the Dubuque Industrial Center Eco-
nomic Development District (the District); and
Whereas, Doris A. Graf owns agricultural
land (the Property) as that term is defined in
Iowa Code Section 403.17(3) which requires
that owners of such land must consent to be-
ing included in the District; and
Whereas, Doris A. Graf desires to include
the Property in the District; and
Whereas, Doris A. Graf has consented to
the inclusion of her property in the District
through the execution of the attached Agree-
ment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Agreement between
the City of Dubuque and Doris A. Graf is here-
by approved.
Passed, approved and adopted this 20th
day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
Book 145 Regular Session, April 20, 2015 125
12. Amendment to Collective Bargaining
Agreement - Teamsters Union Local No. #120:
City Manager recommending an Amendment
to the Collective Bargaining Agreement with
the Teamsters Union Local 120 to provide for
a work week that consists of ten hours per day
and four days per week for the Maintenance-
worker, Airfield Maintenance-workers and Me-
chanic assigned to the Airport Department.
Upon motion the documents were received,
filed and approved.
13. U.S. Army Corps of Engineers Corre-
spondence: The City Manager transmitting the
City of Dubuque's comments to Rock Island
District's letter inviting comments regarding
possible future changes to Public Law 84-99
Rule Making. Upon motion the document was
received and filed.
14. Acquisition Plat - John F. Kennedy
Road and West 32nd Street Right-of-Way: City
Manager recommending acceptance of addi-
tional right-of-way at the intersection of JFK
Road and West 32nd Street for certain inter-
section improvements required by agreement
with Kivlahan Farms, LLC. Upon motion the
documents were received and filed and Reso-
lution No. 123-15 Approving the Acquisition
Plat of Lots A and B of Block 2 of Arbor Es-
tates in the City of Dubuque, Iowa was adopt-
ed.
RESOLUTION NO. 123-15
APPROVING THE ACQUISITION PLAT OF
LOTS A AND B OF BLOCK 2 OF ARBOR
ESTATES IN THE CITY OF DUBUQUE, IO-
WA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa an
Acquisition Plat dated April 13, 2015 prepared
by Buesing and Associates Inc. describing
Lots A and B of Block 2 of Arbor Estates in the
City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto; and
Whereas, upon said plat appears Lots A
and B, together with certain easements for
public utilities, which Kivlahan Farms LLC, by
said plat have dedicated to the public forever;
and
Whereas, the dedication of said lots as
Right of Way is necessary for the accommoda-
tion of certain roadway improvements at the
intersection of John F. Kennedy Road and
West 32nd Street.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated April 13,
2015 prepared by Buesing and Associates
Inc., relative to the real estate hereinabove
described be and the same is hereby ap-
proved, and the Mayor and City Clerk be and
they are hereby authorized and directed to
execute said plat and on behalf of the City of
Dubuque, Iowa.
Section 2. That the dedication of Lot A and
Lot B of Arbor Estates Block 2 in the City of
Dubuque, for Right of Way purposes, together
with the easements for public utilities as they
appear on said Acquisition Plat, be and the
same are hereby accepted.
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 20th
day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
15. Iowa and Locust Streets Parking
Ramps Repair Project Acceptance: City Man-
ager recommending acceptance of the con-
struction contract for the Iowa and Locust
Streets Parking Ramps Repair Project, as
completed by Western Waterproofing. Upon
motion the documents were received and filed
and Resolution No. 124-15 Accepting the Iowa
and Locust Parking Ramp Repair Project and
authorizing the payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 124-15
ACCEPTING THE IOWA AND LOCUST
PARKING RAMP REPAIR PROJECT AND
AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Public Improvement Contract
for the Iowa and Locust Parking Ramp Repair
Project (the Project) has been completed and
the engineer of record 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
engineer of record, Walker Parking, recom-
mends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the en-
gineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from CIP #
730-1671 appropriation for the contract
amount of $405,327 less any retained per-
centage provided for therein as provided in
Iowa Code chapter 573, and to pay such re-
tainage only in accordance with the provisions
of Iowa Code chapter 573.
126 Regular Session, April 20, 2015 Book 145
Passed, approved and adopted this 20th
day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
16. Arrowhead Drive Storm Sewer Project
Acceptance: City Manager recommending that
the completion and acceptance of the Arrow-
head Drive Storm Sewer Project as completed
by Top Grade Excavating be officially recorded
in the minutes of the City Council. Upon mo-
tion the documents were received and filed
and Resolution No. 139-15 Authorizing the
Arrowhead Drive Storm Sewer Project and
authorizing the payment to the contractor was
adopted.
RESOLUTION NO. 139-15
ACCEPTING THE ARROWHEAD DRIVE
STORM SEWER PROJECT AND AUTHORIZ-
ING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract
for the Arrowhead Drive Storm Sewer Project
(the Project) has been completed has been
completed by the Contractor, Top Grade Ex-
cavating (Contractor), the City Engineer has
examined the work and recommends that the
Project be accepted; and
Whereas, the final contract amount for the
Project is $118,398.26; and
Whereas, the Contractor has previously
been paid $112,478.35, leaving a balance of
$5,919.91; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $5,919.91 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved and adopted this 20th
day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE ARROWHEAD
DRIVE STORM SEWER PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa hereby certifies that he has
inspected the Arrowhead Drive Storm Sewer
Project, and that said Project has been per-
formed in compliance with the terms of the
Public Improvement Contract, and that the
total cost of the completed work is
$118,398.26.
Dated this 20th day of April, 2015.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 20th
day of April, 2015.
/s/Kevin S. Firnstahl, City Clerk
17. 2015 Access Ramp Installation Project
One Award: City Manager recommending that
the award for the 2015 Access Ramp Installa-
tion Project – Project One to Midwest Con-
crete, Inc., be officially recorded in the minutes
of the City Council. Upon motion the docu-
ments were received, filed and made a Matter
of Record.
18. Urban Deer Management Plan 2015-
2016: City Manager recommending approval
of the 2015-2016 City of Dubuque Urban Deer
Management Plan as approved by the Envi-
ronmental Stewardship Commission at their
April 7, 2015 meeting. Upon motion the docu-
ments were received, filed and approved.
19. Dubuque Metropolitan Area Solid
Waste Agency: Correspondence from the
Dubuque Metropolitan Area Solid Waste
Agency (DMASWA) advising the City of the
Agency's Fiscal Year 2016 budget and fee
schedule. Upon motion the documents were
received and filed.
20. Dubuque Circles® Initiative Contract
with Circles® USA: City Manager recommend-
ing authorization for the Mayor to sign the con-
tract with Circles® USA for consulting services
for the Dubuque Circles® chapter. Upon mo-
tion the documents were received, filed and
approved.
21. Mediacom Communications Company:
Correspondence from Mediacom Communica-
tions Company advising the City of program-
ming changes effective on or about June 1,
2015. Upon motion the document was re-
ceived and filed.
22. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Iowa Ero-
sion Control, Inc. for the 2015 Asbury Road
Pavement Rehabilitation Project; Mueller, Inc.
for the Fire Station 2 Restroom Remodel;
Drew Cook & Sons Excavating Co., Inc. for the
SRF Green Alley Project Bid Set 6 - Year 1;
Portzen Construction, Inc. for the SRF Green
Alley Project Bid Set 3 - Year 2. Upon motion
the documents were received, filed and ap-
proved.
Book 145 Regular Session, April 20, 2015 127
23. Tobacco Compliance – Civil Penalty for
Tobacco License Holder – The Great Vape:
City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a
tobacco compliance violation for The Great
Vape, 3250 Central Avenue. Upon motion the
documents were received, filed and approved.
24. Alcohol Compliance Civil Penalty for
Alcohol License Holder – Pizza Hut: City Man-
ager recommending approval of the Acknowl-
edgment/Settlement Agreement for an alcohol
compliance violation for Pizza Hut #4691, 320
East 20th Street. Upon motion the documents
were received, filed and approved.
25. Alcohol and Tobacco License Renew-
als: City Manager recommending approval of
annual liquor, beer, wine and tobacco license
applications as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 125-15 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.
126-15 Approving applications for retail ciga-
rette/tobacco sales permits, as required by
Iowa Code 453A.47A were adopted.
RESOLUTION NO. 125-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Catfish Charlie's, 1630 E 16th St., Class C Liq-
uor (Outdoor) (Sunday)
Clarke University, 1550 Clarke Dr., Class C
Liquor (Catering) Outdoor) (Sunday)
Dubuque Arboretum Association Inc., 3800
Arboretum Dr., Class B Native Wine (Sun-
day)
Dubuque Food Co-op, 955 Washington St.,
Class C Beer, Class B Wine (Sunday)
Dubuque Lodge No. 355, 2635 Windsor Ave.,
Class A Liquor (Outdoor) (Sunday)
Hartig Drug Co., 2255 JFK Rd., Class E Liq-
uor, Class B Wine, Class C Beer (Sunday)
Joliet Building Corporation, 781 Locust St.,
Class C Liquor (Outdoor) (Sunday)
Kwik Stop 16th Street #325, 1210 E 16th St.,
Class E liquor, Class B Native Wine, Class
C Beer (Sunday)
Lot One, LLC, 100 Main St., Class C Liquor
(Outdoor) (Sunday)
Monks Kaffee Pub, 373 Bluff St., Class C Liq-
uor (Outdoor) (Sunday)
Olive Garden #1516, 3350 Dodge St., Class C
Liquor (Sunday)
Paro Food Mart, 3200 Central Ave., Class B
Beer (Sunday)
Port of Dubuque Marina, 450 East 3rd St.,
Class B Beer, Class B Native Wine (Out-
door) (Sunday)
Ron's Five Point Mart, 405 Rhomberg, Class C
Beer (Sunday)
Shot Tower Inn, 390 Locust, Class C Liquor
(Sunday)
Stone Cliff Winery, Inc., 600 Star Brewery Dr.,
Class C Native Wine (Outdoor) (Sunday)
The Hub, 253 Main, Class C Liquor (Sunday)
Whiskey River, 1064 University Ave., Class C
Liquor (Sunday)
New
Heat Billiards & Grill, 1850 Central, Class C
Liquor (Sunday)
McAleece Complex, 1801 Admiral Sheehy Dr.,
Class B Beer, Class B Native Wine (Out-
door) (Sunday)
Wingstop, 2255 John F Kennedy, Class C
Liquor (Sunday)
Passed, approved and adopted this 20th
day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 126-15
APPROVING APPLICATIONS FOR RETAIL
CIGARETTE / TOBACCO SALES PERMITS,
AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Ciga-
rette/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 oth-
erwise complied with the requirements of the
Code of Ordinances.
128 Regular Session, April 20, 2015 Book 145
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby author-
ized and directed to cause to be issued the
following named applicants and locations for
cigarette/tobacco sales permit.
Hometown Cash Advance, 3416 Pennsyl-
vania Ave #4
Passed, approved and adopted this 20th
day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Jones. Motion carried 7-0.
1. SRF Green Alley Project Bid Set 1 -
Year 3: City Manager recommending initiation
of the public bidding process for the SRF
Green Alley Project Bid Set 1 - Year 3 Project,
and further recommends that a public hearing
be set for May 18, 2015. Upon motion the
documents were received and filed and Reso-
lution No. 127-15 Preliminary approval of
plans, specifications, form of contract, and
estimated cost; setting date of public hearing
on plans, specifications, form of contract, and
estimated cost; and ordering the advertise-
ment for bids; Resolution No. 128-15 Approv-
ing the Plats, Schedule of Assessments and
estimate of total cost for the SRF Green Alley
Bid Set 1 - Year 3 Project; Resolution No. 129-
15 Resolution of Necessity for the SRF Green
Alley Bid Set 1 - Year 3 Project; and Resolu-
tion No. 130-15 Fixing date of public hearing
on Resolution of Necessity were adopted set-
ting a public hearing for a meeting to com-
mence at 6:30 p.m. on May 18, 2015 in the
Historic Federal Building.
RESOLUTION NO. 127-15
SRF GREEN ALLEY BID SET 1 YEAR 3
PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the SRF Green
Alley Bid Set 1 - Year 3 Project in the estimat-
ed amount $1,389,526.60, are hereby prelimi-
narily approved and ordered filed in the office
of the City Clerk for public inspection.
A public hearing will be held on the 18th
day of May, 2015, at 6:30 p.m. in the Historic
Federal Building Council Chambers at which
time interested persons may appear and be
heard for or against the proposed plans and
specifications, form of contract and estimated
cost of said Project, and the City Clerk be and
is hereby directed to cause the attached notice
of the time and place of such hearing to be
published in a newspaper having general cir-
culation 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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The SRF Green Alley Bid Set 1 –Year 3
Project is hereby ordered to be advertised for
bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements herein provided, by publishing the
attached Notice to Bidders to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published not less than four but not more than
forty-five days before the date for filing bids
before 2:00 p.m. on the 21st day of May, 2015.
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
1st day of June, 2015, in the Historic Federal
Building Council Chambers (second floor), 350
West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 20th
day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 128-15
APPROVING THE PLATS, SCHEDULE OF
ASSESSMENTS AND ESTIMATE OF TOTAL
COST FOR THE SRF GREEN ALLEY BID
SET 1 - YEAR 3 PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plats, schedule of as-
sessments, and estimate of total cost for the
SRF Green Alley Bid Set 1 – Year 3 Project
are hereby approved.
Passed, approved and adopted this 20th
day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
Book 145 Regular Session, April 20, 2015 129
RESOLUTION NO. 129-15
RESOLUTION OF NECESSITY FOR THE
SRF GREEN ALLEY BID SET 1 - YEAR 3
PROJECT
Whereas, the plat, schedule of assess-
ments, and estimate of total cost for the SRF
Green Alley Bid Set 1 – Year 3 Project have
been duly prepared and approved by the City
Council of the City of Dubuque and ordered
placed on file in the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The SRF Green Alley Bid Set 1 - Year 3
Project will provide:
Reconstruction of Six (6) alleys using inter-
locking concrete pavers
Removal of the existing alley pavement
Excavation of the subgrade to allow the
placement of clean washed stone for a storage
medium
Installation of a concrete border for the
brick pavers
Installation of concrete headers at the alley
intersection with the intersecting streets.
Reconstruction of the pavement surface
with interlocking concrete pavers
Lining of the sanitary sewer main in six al-
leys
Inspection of sanitary sewer laterals in six
alleys
Replacement of water main valves and hy-
drants
Replacement of lead water services with
copper water services in six alleys
There is on file in the office of the City
Clerk an estimated total cost of the work, and
a preliminary plat and schedule showing the
amount proposed to be assessed to each lot
for the improvement.
The date, time, and place the council will
hear property owners subject to the assess-
ment and interested parties for or against the
improvement, its cost, the assessment, or the
boundaries of the district: Monday, May 18,
2015, 6:30 p.m., second-floor chambers of the
Historic Federal Building, 350 W. 6th Street.
That the City Council deems it advisable
and necessary for the public welfare to make
the herein mentioned improvements.
Unless a property owner files objections
with the City Clerk at the time of hearing on the
resolution of necessity, the property owner is
deemed to have waived all objections pertain-
ing to the regularity of the proceeding and the
legality of using the special assessment pro-
cedure.
Said improvements shall be constructed in
accordance with the plans and specifications
which have been approved by the City Council
and are now on file in the Office of the City
Clerk. The cost of making such improvement
will be assessed against property lying with the
assessment limits.
The above resolution was introduced, ap-
proved and ordered placed on file with the City
Clerk this 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 130-15
FIXING DATE OF PUBLIC HEARING ON
RESOLUTION OF NECESSITY
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary ap-
proval to the plat, schedule of assessments,
and estimated total cost for the SRF Green
Alley Bid Set 1 – Year 3 Project and ordered
the plat, schedule of assessments, and esti-
mate of total cost placed on file in the Office of
the City Clerk; and
Whereas, the proposed Resolution of Ne-
cessity for Project has been introduced and is
now on file in the Office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Council will meet on the 18th day
of May, 2015, at 6:30 p.m. in the Historic Fed-
eral Building Council Chambers (second floor),
350 West 6th Street, Dubuque, Iowa. at which
time the owners of property subject to as-
sessment for the proposed improvement or
any other person having an interest in the mat-
ter may appear and be heard for or against the
making of the improvement, the boundaries of
the district, the cost, the assessment against
any lot, or the final adoption of a resolution of
necessity.
A property owner will be deemed to have
waived all objections unless at the time of
hearing the property owner has filed objections
with the City Clerk.
The City Clerk be and is hereby authorized
and directed to cause a notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published once each week for two consecutive
weeks, the first publication of which shall be
not less than ten days prior to the day fixed for
its consideration.
Passed, adopted and approved this 20th
day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Trinity Affordable Housing Corporation’s
Purchase of Sheridan Village Apartments: City
Manager recommending that a public hearing
be set for May 18, 2015 to approve the issu-
ance of tax-exempt bonds related to Trinity
Affordable Housing Corporation’s proposed
purchase of Sheridan Village Apartments. Up-
on motion the documents were received and
130 Regular Session, April 20, 2015 Book 145
filed setting a public hearing for a meeting to
commence at 6:30 p.m. on May 18, 2015 in
the Historic Federal Building.
3. Industrial Center Urban Renewal - Reso-
lution of Necessity: City Manager recommend-
ing approval of a Resolution of Necessity that
finds that an Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Cen-
ter Economic Development District is both
necessary and appropriate and sets a public
hearing on the proposed amendment for June
1, 2015. Upon motion the documents were
received and filed and Resolution No. 131-15
Resolution of Necessity finding that certain
areas adjacent to the established Dubuque
Industrial Center Economic Development Dis-
trict meet the definition of an Economic Devel-
opment Area under the Urban Renewal Law,
that development of said Area is necessary in
the interest of the residents of the City of
Dubuque, Iowa and setting dates of hearing
and consultation on a proposed amendment to
the Amended and Restated Urban Renewal
Plan for said District was adopted setting a
public hearing for a meeting to commence at
6:30 p.m. on June 1, 2015 in the Historic Fed-
eral Building.
RESOLUTION NO. 131-15
RESOLUTION OF NECESSITY FINDING
THAT CERTAIN AREAS ADJACENT TO
THE ESTABLISHED DUBUQUE INDUSTRI-
AL CENTER ECONOMIC DEVELOPMENT
DISTRICT MEET THE DEFINITION OF AN
ECONOMIC DEVELOPMENT AREA UNDER
THE URBAN RENEWAL LAW, THAT DE-
VELOPMENT OF SAID AREA IS NECES-
SARY IN THE INTEREST OF THE RESI-
DENTS OF THE CITY OF DUBUQUE, IOWA
AND SETTING DATES OF HEARING AND
CONSULTATION ON A PROPOSED
AMENDMENT TO THE AMENDED AND RE-
STATED URBAN RENEWAL PLAN FOR
SAID DISTRICT
Whereas, the City Council of the City of
Dubuque has heretofore, by Resolution 171-
13, adopted June 3rd, 2013, approved the
Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic
Development District (the “District”) in order to
provide redevelopment opportunities which will
further economic development purposes and
objectives as described in the Urban Renewal
Plan; and
Whereas, the City Council has found that
the area adjacent to the District shown as
Subarea F in Exhibit A attached hereto meets
the definition of an economic development
area as found in Chapter 403 of the Iowa Code
and should be included therein; and
Whereas, Subarea F is located within two
miles of, but outside the corporate limits of, the
City of Dubuque, for the purpose of undertak-
ing an urban renewal project; and
Whereas, Iowa Code Section 403.17(4)
requires the consent of Dubuque County be-
fore the City can proceed with the expansion
of said District; and
Whereas, the Board of Supervisors of
Dubuque County, Iowa has determined to
consent to the expansion of the District as so
proposed in a Joint Agreement between the
parties attached hereto; and
Whereas, Iowa Code Chapter 403 requires
that before urban renewal authority may be
exercised, a City Council must adopt a resolu-
tion of necessity finding that the area in ques-
tion is a slum, blighted or economic develop-
ment area, and that so designating such area
is necessary in the interest of the public health,
safety or welfare of the residents of the munic-
ipality.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Subarea F is an eco-
nomic development area as defined by Iowa
Code Chapter 403 and is appropriate for an
urban renewal project.
Section 2. That the City Manager is author-
ized and directed to prepare an amendment to
the Urban Renewal Plan for the Dubuque In-
dustrial Center Economic Development Dis-
trict, such amendment to include Subarea F
within the District and such other modifications
to the property contained within the District as
may be appropriate, and setting forth the ur-
ban renewal projects that are currently ex-
pected to be undertaken in the District.
Section 3. That the City Manager is further
authorized to determine an appropriate date
for and conduct the consultation process re-
quired by law with affected taxing entities con-
cerning the proposed amendment.
Section 4. That the City Council hold a
public hearing on the adoption of the proposed
Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic
Development District on June 1st, 2015 at
6:30p.m. in the Historic Federal Building, 350
West 6th Street, Dubuque, Iowa 52001. The
notice of said hearing shall generally identify
the area to be covered by the Amended and
Restated Urban Renewal Plan and the scope
of the urban renewal project activities planned
for such area, and said notice shall be pub-
lished and available to the public not less than
four days nor more than twenty days before
the date of said meeting. A copy of the notice
of public hearing shall be sent by ordinary mail
to the affected taxing entities.
Section 5. That the Mayor is authorized
and directed to sign the Joint Agreement be-
tween the County and the City.
Book 145 Regular Session, April 20, 2015 131
Section 6. That the City Clerk is further di-
rected to send by ordinary mail a copy of said
Amended and Restated Urban Renewal Plan,
the notice of public hearing, and, to the extent
the amendment includes the use of tax incre-
ment revenues for a public building, an analy-
sis of alternative development and funding
options for such public buildings, to the Dubu-
que Community School District and the County
Board of Supervisors, as the affected taxing
entities.
Passed, approved and adopted this 20th
day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
4. Utility Extension to the Dubuque Re-
gional Airport: City Manager recommending
initiation of the public bidding process for the
Utility Extension to the Dubuque Regional Air-
port, and further recommends that a public
hearing be set for May 4, 2015. Upon motion
the documents were received and filed and
Resolution No. 132-15 Preliminary approval of
plans, specifications, form of contract, and
estimated cost; setting date of public hearing
on plans, specifications, form of contract, and
estimated costs; and ordering the advertise-
ment for bids was adopted setting a public
hearing for a meeting to commence at 6:30
p.m. on May 4, 2015 in the Historic Federal
Building.
RESOLUTION NO. 132-15
UTILITY EXTENSION TO THE DUBUQUE
REGIONAL AIRPORT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the Utility Ex-
tension to the Dubuque Regional Airport, in the
estimated amount $9,602,358.81, 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 24th
day of April, 2015, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa 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 cir-
culation 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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The Utility Extension to the Dubuque Re-
gional Airport project is hereby ordered to be
advertised for bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements herein provided, by publishing the
attached Notice to Bidders to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published not less than four but not more than
forty-five days before the date for filing bids
before 2:00 p.m. on the 11th day of May, 2015.
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
18th day of May, 2015, in the Historic Federal
Building Council Chambers (second floor), 350
West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 20th
day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
5. Tax-Exempt General Obligation Bonds
Series 2015: City Manager recommending that
a public hearing be set for May 4, 2015, on the
proposition of selling not to exceed $3,000,000
in Tax-Exempt General Obligation Bonds, the
proceeds of which will be used to pay the
costs of the settlement of the franchise fee
litigation. Upon motion the documents were
received and filed and Resolution No. 133-15
Fixing date for a meeting on the proposition of
the issuance of not to exceed $3,000,000
General Obligation Bonds of the City of Dubu-
que, State of Iowa (Essential Corporate Pur-
pose), and providing for publication of notice
thereof was adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on
May 4, 2015 in the Historic Federal Building.
RESOLUTION NO. 133-15
FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $3,000,000 GENERAL OBLI-
GATION BONDS OF THE CITY OF DUBU-
QUE, STATE OF IOWA (FOR AN ESSEN-
TIAL CORPORATE PURPOSE), AND
PROVIDING FOR PUBLICATION OF NO-
TICE THEREOF
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, State of Io-
132 Regular Session, April 20, 2015 Book 145
wa, should issue General Obligation Bonds, to
the amount of not to exceed $3,000,000, as
authorized by Section 384.25, of the 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 provisions of
the Code, and to publish a notice of the pro-
posal to issue such bonds and of the time and
place of the meeting at which the Council pro-
poses to take action for the issuance of the
Bonds and to receive oral and/or written objec-
tions from any resident or property owner of
the City to such action.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF CITY OF DUBU-
QUE, STATE OF IOWA:
That this Council meet in the Historic Fed-
eral Building, 350 West 6th Street, Dubuque,
Iowa at 6:30 P.M., on the 4th day of May, 2015,
for the purpose of taking action on the matter
of the issuance of not to exceed $3,000,000
General Obligation Bonds, for an essential
corporate purpose, the proceeds of which
bonds will be used to provide funds to pay the
costs of the settlement of any part or all of the
legal indebtedness of a city, whether evi-
denced by bonds, warrants, or judgments, or
the funding or refunding of the same, whether
or not such indebtedness was created for a
purpose for which general obligation bonds
might have been issued in the original in-
stance.
To the extent any of the projects or activi-
ties described in this resolution may be rea-
sonably construed to be included in more than
one classification under Division III of Chapter
384 of the Code of Iowa, the Council hereby
elects the "essential corporate purpose" classi-
fication and procedure with respect to each
such project or activity, pursuant to Section
384.28 of the Code of Iowa.
That the Clerk is hereby directed to cause
at least one publication to be made of a notice
of the meeting, in a legal newspaper, printed
wholly in the English language, published at
least once weekly, and having general circula-
tion 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.
The notice of the proposed action to issue
bonds shall be in substantially the [provided]
form.
Passed and approved this 20th day of April,
2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
6. Sales Tax Increment Revenue Bonds
(Flood Mitigation Program: City Manager rec-
ommending that a public hearing be set for
May 4, 2015, on the proposition of selling not
to exceed $24,500,000 in Sales Tax Increment
Revenue Bonds (Flood Mitigation Program),
the proceeds of which will be used to pay
costs of the Bee Branch Watershed Flood Mit-
igation Project. Upon motion the documents
were received and filed and Resolution No.
134-15 Fixing date for a meeting on the propo-
sition of the issuance of not to exceed
$24,500,000 Sales Tax Increment Revenue
Bonds of Dubuque, Iowa and providing for
publication of notice thereof was adopted set-
ting a public hearing for a meeting to com-
mence at 6:30 p.m. on May 4, 2015 in the His-
toric Federal Building.
RESOLUTION NO. 134-15
FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $24,500,000 SALES TAX IN-
CREMENT REVENUE BONDS OF DUBU-
QUE, IOWA AND PROVIDING FOR PUBLI-
CATION OF NOTICE THEREOF
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, Iowa should
issue Sales Tax Increment Revenue Bonds to
the amount of not to exceed $24,500,000, as
authorized by Section 418.14 of the Code of
Iowa, for the purpose of providing funds to pay
costs of carrying out the flood mitigation pro-
jects as hereinafter described; and
Whereas, Section 418.14 provides that the
City Council shall follow the bond authorization
procedures set forth in Section 384.83 before
issuing Sales Tax Increment Revenue Bonds
under that Section, and it is therefore neces-
sary that the action hereinafter described be
taken and that the Clerk publish a notice of the
proposal and of the time and place of the
meeting at which the Council proposes to take
action thereon and to receive oral and/or writ-
ten objections from any resident or property
owner of said City to such action.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. This Council shall meet in the
Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa at 6:30 o'clock P.M., on the 4th
day of May, 2015, for the purpose of taking
action on the matter of the issuance of not to
exceed $24,500,000 Sales Tax Increment
Revenue Bonds, the proceeds of which will be
used to provide funds to pay costs of the ac-
quisition, construction, installation and equip-
ping of the Bee Branch Watershed Flood Miti-
gation Project, including those costs associat-
ed with the Lower Bee Branch Creek Restora-
tion (Phase 4), the Upper Bee Branch Creek
Restoration (Phase 7), the Flood Mitigation
Gate Replacement (Phase 5), the Flood Con-
trol Maintenance Facility (Phase 9), and the
North End Storm Sewers (Phase 10), the fund-
Book 145 Regular Session, April 20, 2015 133
ing of a debt service reserve for the Bonds,
and the related costs for property acquisition,
engineering and design and other professional
services. Said Bonds shall be payable from the
City's flood project fund established under
Iowa Code Section 418.12, into which there
shall be deposited sales tax increment reve-
nues received from the State of Iowa as part of
the award to the City under the Flood Mitiga-
tion Program, and to the extent necessary and
provided for in the resolution authorizing issu-
ance of said Bonds, funds collected by the City
from a supplemental levy of debt service taxes.
Section 2. The Clerk is hereby directed to
cause at least one publication to be made of a
notice of said meeting, in a legal newspaper,
printed wholly in the English language, pub-
lished at least once weekly, and having gen-
eral circulation in said City, said publication to
be not less than four clear days nor more than
twenty days before the date of said public
meeting on the issuance of said obligations.
Section 3. The notice of the proposed ac-
tion to issue said Sales Tax Increment Reve-
nue Bonds shall be in substantially the [pro-
vided] form.
Passed and approved this 20th day of
April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
1. Appointment to the Electrical Code
Board: One 3-Year term through May 21, 2017
(Vacant term of Pfohl). Applicants: Zach Dow-
ell, 2055 Winne Ct. (Qualifies as Journey-
man/Maintenance); and Andy Palmer, 1865
Rosemont St. (Additional Applicant - Qualifies
as Journeyman/Maintenance). Upon roll-call
vote of 5-2 (Resnick and Connors voting for
Dowell), Andy Palmer was appointed to a 3-
year term through May 21, 2017. Council
Member Jones reiterated that applicants to
City boards and commissions are strongly
encouraged to attend the Council meeting on
which the application appears to speak to the
appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the following items.
1. Request to Rezone - 1072 Locust
Street: Proof of publication on notice of public
hearing to approve a request by Ted Stackis to
rezone property located at 1072 Locust Street
from OR Office Residential to OC Office
Commercial District and the Zoning Advisory
Commission recommending approval. Motion
by Connors to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Lynch. Planning Ser-
vices Manager Laura Carstens provided a staff
report. Elizabeth Shade, 647 Chestnut Street,
spoke in support of the rezoning on behalf of
the owner stating that she is planning to move
her business, Indulgence Salon and Spa, to
that location. Motion carried 7-0.
Motion by Connors for final consideration
and passage of Ordinance No. 25-15 Amend-
ing Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code by
reclassifying hereinafter described property
located at 1072 Locust Street from OR Office
Residential District to OC Office Commercial
District. Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 25-15
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1072 LOCUST
STREET FROM OR OFFICE RESIDENTIAL
DISTRICT TO OC OFFICE COMMERCIAL
DISTRICT
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter–described property from
OR Office Residential District to OC Office
Commercial District, to wit:
South 38’7” of City Lot 159, and to
the centerline of the adjoining public
right-of-way, all in the City of Dubu-
que, Iowa.
Section 2. That the foregoing amendment
has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publication as provided by
law.
Passed, approved and adopted this 20th
day of April, 2015.
/s/Karla A. Braig, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 24th day of April, 2015.
/s/Kevin S. Firnstahl, City Clerk
134 Regular Session, April 20, 2015 Book 145
2. Upper Bee Branch Creek Channel,
Streets and Utilities Project: Proof of publica-
tion on notice of public hearing to consider
approval of the plans, specifications, form of
contract and estimated cost for the Upper Bee
Branch Creek – Channel, Street and Utilities
Project and the City Manager recommending
approval. Motion by Jones to receive and file
the documents and adopt Resolution No. 135-
15 Approval of plans, specifications, form of
contract, and estimated cost for the Upper Bee
Branch Creek - Channel, Streets & Utilities
Project. Seconded by Connors. Motion carried
7-0. Civil Engineer Deron Muehring and Com-
munications Specialist Kristin Hill gave a
presentation on the history, construction phas-
es, amenities, funding and public communica-
tion efforts surrounding the project.
RESOLUTION NO. 135-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE UPPER BEE BRANCH
CREEK – CHANNEL, STREETS, & UTILI-
TIES PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Upper Bee Branch Creek – Channel, Streets,
& Utilities Project, in the estimated amount
$22,360,847.00, are hereby approved.
Passed, adopted and approved this 20th
day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
3. Upper Bee Branch Creek Structures
Project: Proof of publication on notice of public
hearing to consider approval of the plans,
specification, form of contract and estimated
cost for the Upper Bee Branch Creek – Struc-
tures Project and the City Manager recom-
mending approval. Motion by Jones to receive
and file the documents and adopt Resolution
No. 136-15 Approval of plans, specifications,
form of contract, and estimated cost for the
Upper Bee Branch Creek - Structures Project.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 135-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE UPPER BEE BRANCH
CREEK – CHANNEL, STREETS, & UTILI-
TIES PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Upper Bee Branch Creek – Channel, Streets,
& Utilities Project, in the estimated amount
$22,360,847.00, are hereby approved.
Passed, adopted and approved this 20th
day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. SRF Green Alley Project Bid Set 7 -
Year 1 Award: City Manager recommending
award of the construction contract for the SRF
Green Alley Project Bid Set 7 - Year 1 to the
low bidder McDermott Excavating. Motion by
Connors to receive and file the documents and
adopt Resolution No. 137-15 Awarding public
improvement contract for the SRF Green Alley
Bid Set 7 - Year 1 Project. Seconded by
Jones. Motion carried 7-0.
RESOLUTION NO. 137-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE SRF GREEN ALLEY BID
SET 7 – YEAR 1 PROJECT
Whereas, sealed proposals have been
submitted by contractors for the SRF Green
Alley Bid Set 7 – Year 1 Project (the Project)
pursuant to Resolution No. 66-15 and Notice
to Bidders published in a newspaper published
in the City of Dubuque, Iowa on the 6th day of
March, 2015.
Whereas, said sealed proposals were
opened and read on the 9th day of April, 2015,
and it has been determined that McDermott
Excavating, Inc. of Dubuque, Iowa with a bid in
the amount of $211,357.38, is the lowest re-
sponsive, 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 McDermott Ex-
cavating, Inc. and the City Manager is hereby
directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for
the Project.
Passed, approved and adopted this 20th
day of April, 2015.
Karla A. Braig. Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Iowa Flood Mitigation Program Amend-
ment No. 1: City Manager recommending
adoption of a resolution authorizing an
amendment to the Bee Branch Watershed
Flood Mitigation Project, State Flood Mitigation
Board Funding Agreement. Motion by Connors
to receive and file the documents and adopt
Resolution No. 138-15 Authorizing the execu-
tion of an amendment to the agreement with
Book 145 Regular Session, April 20, 2015 135
the State of Iowa Flood Mitigation Board which
authorizes the City's use of Sales Tax Incre-
ment Funding for the Bee Branch Watershed
Flood Mitigation Project. Seconded by Lynch.
Motion carried 7-0.
RESOLUTION NO. 138-15
AUTHORIZING THE EXECUTION OF AN
AMENDMENT TO THE AGREEMENT WITH
THE STATE OF IOWA FLOOD MITIGATION
BOARD WHICH AUTHORIZES THE CITY’S
USE OF SALES TAX INCREMENT FUNDING
FOR THE BEE BRANCH WATERSHED
FLOOD MITIGATION PROJECT
Whereas, Six Presidential Disaster Decla-
rations have been issued for flooding, severe
storms and tornados between 1999 and 2011
due to flash flooding; and
Whereas, the Bee Branch Watershed,
which includes the City of Dubuque’s most
developed areas where over 50% of city resi-
dents either live or work, has experienced
flooding impacting thousands of properties and
over seventy businesses; and
Whereas, the City Council of the City of
Dubuque has adopted a drainage basin mas-
ter plan authored by HDR Engineering that
outlines improvements to mitigate flooding
collectively referred to as the Bee Branch Wa-
tershed Flood Mitigation Project (the Project);
and
Whereas, the Flood Mitigation Program
was established by the Iowa Legislature and
the Governor of Iowa to support community
projects for the construction and reconstruction
of levees, embankments, impounding reser-
voirs, or conduits that are necessary for the
protection of property from the effects of
floodwaters and may include the deepening,
widening, alteration, change, diversion, or oth-
er improvement of watercourses if necessary
for the protection of such property from the
effects of floodwaters; and
Whereas, the City of Dubuque submitted
an application to the Iowa Flood Mitigation
Board (the Board) requesting the use of
$98,494,178 in sales tax increment funds for
the Project; and
Whereas, the Board, on December 4,
2013, voted to approve the City’s application
for construction of the Project, subject to the
requirements set forth in Iowa Code chapter
418 and the administrative rules promulgated
under it and subject to the terms and condi-
tions set forth in an agreement; and
Whereas, the City Council, on February 3,
2014, adopted Resolution 31-14 authorizing
the execution of an agreement (the Agree-
ment) with the Iowa Flood Mitigation Board
binding the City to the terms of the agreement
as required for the City’s receipt of up to
$98,494,178.00 in state sales tax increment
funds for the Bee Branch Watershed Flood
Mitigation Project through the State Flood Miti-
gation Program; and
Whereas, the City of Dubuque submitted a
request to amend the Agreement to the Board
to provide an additional $5 million in sales tax
increment in Fiscal Years 2014 through 2018
and remove $5 million in sales tax increment
from Fiscal Years 2031 through 2033; and
Whereas, the Board, on April 13, 2015,
voted to approve the amendment for the
change in funding of the Project; and
Whereas, it is in the best interest of the
City to enter into the Amended Agreement as
required for the City’s receipt of the sales tax
increment funding.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. That the Amended Agreement
be approved.
Section 2. Mayor is hereby authorized to
execute and deliver the Amended Agreement
and execute such other documents as the
Iowa Flood Mitigation Board may reasonably
require that are necessary to bind the City to
the terms of the Amended Agreement as re-
quired for the City’s receipt of $98,494,178 in
sales tax increment funds for the Bee Branch
Watershed Flood Mitigation Project through
the State Flood Mitigation Program.
Passed, approved and adopted this 20th
day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
3. Code of Ordinances Amendment Title
10 – Parks: City Manager recommending ap-
proval an amendment to City of Dubuque
Code of Ordinances 10-5B-4A removing the
word "unleashed" related to prohibiting ani-
mals in parks. Motion by Jones to receive and
file the documents and that the requirement
that a proposed ordinance be considered and
voted on for passage at two Council meetings
prior to the meeting at which it is to be passed
be suspended. Seconded by Connors. Motion
carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 26-15 Amending
City of Dubuque Code of Ordinances Title 10
Public Ways and Property, Chapter 5 Parks
and Recreation, Article B Use Regulations,
Section 10-5B-4 Dogs, Cats and Other Do-
mestic Animals by correcting the Title to Sub-
section A. Seconded by Connors. Motion car-
ried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 26-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 5 PARKS AND
RECREATION, ARTICLE B USE REGULA-
136 Regular Session, April 20, 2015 Book 145
TIONS, SECTION 10-5B-4 DOGS, CATS
AND OTHER DOMESTIC ANIMALS BY
CORRECTING THE TITLE TO SUBSECTION
A
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10-5B-4 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
10-5B-4: DOGS, CATS AND OTHER DO-
MESTIC ANIMALS:
A. Animals Prohibited: No person shall be
permitted to bring into any park, parkway,
trail, or open space, any dog, cat or other
domestic animal, nor shall any person
permit such dog, cat or other domestic an-
imal to run at large in any park, parkway,
trail, or open space. Any unattended ani-
mal shall be impounded and its owner may
redeem the same upon paying the reason-
able costs of such impoundment.
. . . .
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 20th
day of April, 2015.
/s/Karla A. Braig, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 24th day of April, 2015.
/s/Kevin S. Firnstahl, City Clerk
4. Code of Ordinances Amendment Title 9
- School Buses Discharging Pupils: City Man-
ager recommending approval of an amend-
ment to City of Dubuque Code of Ordinances
Title 9, Chapter 11 School Buses Discharging
Pupils to mirror the Iowa Code. Motion by
Connors to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Lynch. Motion carried 7-
0. Responding to questions from the City
Council, Assistant City Attorney Maureen
Quann provided an explanation of the
amendment regarding higher monetary of-
fenses and multiple violations.
Motion by Connors for final consideration
and passage of Ordinance No. 27-15 Amend-
ing City of Dubuque Code of Ordinances Title
9 Motor Vehicles and Traffic, Chapter 11
School Buses to Mirror the State Code. Se-
conded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 27-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 9 MOTOR VEHICLES
AND TRAFFIC, CHAPTER 11 SCHOOL
BUSES TO MIRROR THE STATE CODE
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 9, Chapter 11 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
9-11-321.372: SCHOOL BUSES DISCHARG-
ING PUPILS:
A. The driver of a school bus used to
transport children to and from a public or pri-
vate school must, when stopping to receive or
discharge pupils, turn on flashing warning
lamps at a distance of not less than three hun-
dred feet (300') nor more than five hundred
feet (500') from the point where the pupils are
to be received or discharged from the bus if
the speed limit at that point is forty-five (45)
miles per hour or greater and must turn on
flashing warning lamps at a distance of not
less than one hundred fifty feet (150’) from the
point where the pupils are to be received or
discharged from the bus if the speed limit at
that point is less than forty-five (45) miles per
hour. At the point of receiving or discharging
pupils, the driver of the bus must bring the bus
to a stop, turn off the amber flashing warning
lamps, turn on the red flashing warning lamps,
and extend the stop arm. After receiving or
discharging pupils, the bus driver must turn off
all flashing warning lamps, retract the stop arm
and proceed on the route. Except to the extent
that reduced visibility is caused by fog, snow,
or other weather conditions, a school bus will
not stop to receive or discharge pupils unless
there is at least three hundred feet (300') of
unobstructed vision in each direction. Howev-
er, the driver of a school bus is not required to
use flashing warning lamps and the stop arm
when receiving or discharging pupils at a des-
ignated loading and unloading zone at a
school attendance center or at extracurricular
or educational activity locations where stu-
dents exiting the bus do not have to cross the
street or highway.
If a school district contracts with an urban
transit system to transport children to and from
a public or private school, the school bus
which is provided by the urban transit system
is not required to be equipped with flashing
warning lights and a stop arm.
If the school bus provided by an urban
transit system is equipped with flashing warn-
ing lights and a stop arm, the driver of the
school bus must use the flashing warning
lights and stop arm as required by law.
A school bus, when operating on a high-
way with four (4) or more lanes, will not stop to
load or unload pupils who must cross the
highway, except at designated stops where
pupils who must cross the highway may do so
at points where there are official traffic control
devices or police officers.
Book 145 Regular Session, April 20, 2015 137
A school bus must, while carrying passen-
gers, have its headlights turned on.
B. All pupils will be received and dis-
charged from the right front entrance of every
school bus and if said pupils must cross the
highway, they are required to pass in front of
the bus, look in both directions, and proceed to
cross the highway only on signal from the bus
driver.
C. The driver of any vehicle, including the
driver of a vehicle operating on a private road
or driveway, when meeting a school bus with
flashing amber warning lamps must reduce the
vehicle’s speed to not more than twenty (20)
miles per hour and must bring the vehicle to a
complete stop when the school bus stops and
the stop signal arm is extended and the vehi-
cle must remain stopped until the stop signal
arm is retracted after which time the driver
may proceed with due caution. The driver of a
vehicle, including the driver of a vehicle oper-
ating on a private road or driveway, overtaking
a school bus will not pass a school bus when
red or amber warning signal lights are flashing
and must bring the vehicle to a complete stop
no closer than fifteen feet (15') from the school
bus when it is stopped and the stop arm is
extended and the vehicle must remain stopped
until the stop arm is retracted and school bus
resumes motion.
D. The driver of a vehicle upon a highway
providing two (2) or more lanes in each direc-
tion need not stop upon meeting a school bus
which is traveling in the opposite direction
even though the school bus is stopped.
E. Penalties.
1. The driver of a school bus who
commits a violation of subsection A or B is
guilty of a simple misdemeanor punishable
as a scheduled violation under Iowa Code
Section 805.8A, subsection 10.
2. A person who commits a violation of
subsection C is guilty as outlined under Io-
wa Code Section 321.372.
9-11-321.372A: PROMPT INVESTIGATION
OF REPORTED VIOLATION OF FAILING TO
OBEY SCHOOL BUS WARNING DEVICES –
CITATION ISSUED TO DRIVER OR OWNER:
A. The driver of a school bus who observes
a violation of section 9-11-321.372, subsection
C, may prepare a written report on a form pro-
vided by the department of public safety indi-
cating that a violation has occurred. The
school bus driver or a school official may de-
liver the report not more than seventy-two (72)
hours after the violation occurred to a peace
officer of the state or a peace officer of the
county or municipality in which the violation
occurred. The report must state the time and
the location at which the violation occurred and
must include the registration plate number and
a description of the vehicle involved in the vio-
lation.
B. Not more than seven (7) calendar days
after receiving a report of a violation of section
9-7-321.372, subsection C, from a school bus
driver or a school official, the peace officer
must initiate an investigation of the reported
violation and contact the owner of the motor
vehicle involved in the reported violation and
request that the owner supply information
identifying the driver.
1. If, from the investigation, the peace
officer is able to identify the driver and has
reasonable cause to believe a violation of
section 9-7-321.372, subsection C, has oc-
curred, the peace officer shall prepare a
uniform traffic citation for the violation and
shall serve it personally or by certified mail
to the driver of the vehicle.
2. If, from the investigation, the peace
officer has reasonable cause to believe
that a violation of section 9-7-321.372,
subsection C, occurred but is unable to
identify the driver, the peace officer shall
serve a uniform traffic citation for the viola-
tion to the owner of the motor vehicle. In a
proceeding where the peace officer who
conducted the investigation was not able to
identify the driver of the motor vehicle,
proof that the motor vehicle described in
the uniform traffic citation was used to
commit the violation of section 9-7-
321.372, subsection C, together with proof
that the defendant named in the citation
was the owner of the motor vehicle at the
time the violation occurred, constitutes a
permissible inference that the owner was
the driver who committed the violation.
3. For purposes of this subsection,
“owner” means a person who holds the le-
gal title to a motor vehicle; however, if the
motor vehicle is the subject of a security
agreement with a right of possession in the
debtor, the debtor shall be deemed the
owner for purposes of this subsection, or if
the motor vehicle is leased, the lessee
shall be deemed the owner for purposes of
this subsection.
9-11-321.373 - 9-11-321.380: RESERVED:
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 20th
day of April, 2015.
/s/Karla A. Braig, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 24th day of April, 2015.
/s/Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment Title 1
- General Penalty for Misdemeanor Violations:
City Manager recommending approval to
amend City of Dubuque Code of Ordinances
Section 1-4-1, General Penalty, to eliminate
imprisonment as a penalty for misdemeanor
138 Regular Session, April 20, 2015 Book 145
violations under City Code. Motion by Jones to
receive and file the documents and that the
requirement that a proposed ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by
Connors. Motion carried 7-0. Responding to
questions from the City Council, Assistant City
Attorney Maureen Quann and Police Chief
Mark Dalsing further explained the amendment
regarding retaining the option of jail time de-
pending upon the severity of the crime and
whether the violation is written under City
Code or State Code.
Motion by Jones for final consideration and
passage of Ordinance No. 28-15 Amending
City of Dubuque Code of Ordinances Title 1
Administration, Chapter 4 General Penalty,
Section 1-4-1 General Penalty by eliminating
imprisonment as a penalty for misdemeanor
violations. Seconded by Connors. Motion car-
ried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 28-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 1 ADMINISTRATION,
CHAPTER 4 GENERAL PENALTY, SECTION
1-4-1 GENERAL PENALTY BY ELIMINAT-
ING IMPRISONMENT AS A PENALTY FOR
MISDEMEANOR VIOLATIONS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 1-4-1 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
1-4-1: GENERAL PENALTY:
The doing of any act prohibited or declared
to be unlawful, an offense, or a misdemeanor
by this code or any ordinance or code herein
adopted by reference, or the omission or fail-
ure to perform any act or duty required by this
code or any ordinance or code herein adopted
by reference is, unless another penalty is
specified, punishable in accordance with the
fine set forth in Iowa Code section 903.1, sub-
section 1, paragraph a, and subsection 3.
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 20th
day of April, 2015.
/s/Karla A. Braig, Mayor Pro-Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 24th day of April, 2015.
/s/Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Council Member Connors requested that
the Chamber’s audio system be reviewed as
she has received comments that the proceed-
ings cannot be heard in the back of the Cham-
bers. Assistant City Manager Cindy Stein-
hauser stated that she will investigate and
reminded Council that the volume is greatly
affected by the speaker’s voice projection and
positioning at the microphone.
ADJOURNMENT
There being no further business, upon mo-
tion the City Council adjourned at 8:19 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
Book 145 Special and Regular Sessions, May 4, 2015 139
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:00 p.m. on May 4, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members,
Braig (5:25 p.m.) Connors, Jones, Lynch,
Resnick, Sutton; City Manager Van Milligen,
Assistant City Attorney Maureen Quann
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of conducting a work session on
Sustainable Dubuque.
WORK SESSION
Sustainable Dubuque
Sustainable Community Coordinator Cori
Burbach introduced the topic of STAR Com-
munities: Sustainability Tools for Assessing
and Rating Communities. Ms. Burbach, Mani-
sha Paudel, Laura Carstens, David Lyons,
Cindy Steinhauser, and Mary Rose Corrigan
provided a slide presentation on the STAR
Rating System, Dubuque’s results and current
strengths, and opportunities for improvement
in the following goal areas:
• Built Environment
• Climate & Energy
• Economy & Jobs
• Education, Arts & Community
• Equity & Empowerment
• Health & Safety
• Natural Systems.
Staff had discussion with the City Council
following the presentation.
There being no further business, upon mo-
tion the City Council adjourned at 6:33 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:37 p.m. on May 4, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members
Braig Connors, Jones, Lynch, Resnick, Sutton;
City Manager Van Milligen, Assistant City At-
torney Maureen Quann
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.
PLEDGE OF ALLEGIANCE
SWEARING IN
Mayor Buol swore in Lynn Sutton as Mayor
Pro Tem.
PRESENTATION
Assistant City Manager Cindy Steinhauser
introduced International City/County Manage-
ment Association Fellowship representatives
Mr. Sreedaran Raman from Malaysia and Mr.
Jose Augustus Villano from the Philippines.
PROCLAMATION(S)
Kids to Parks Day (May 16, 2015) was ac-
cepted by Leisure Services Manager Marie
Ware;
Peace Officers Memorial Week (May 10-
16, 2015) was accepted by Dan Smith of the
Dubuque County Sheriff’s Office;
Bike to Work Week (May 11-15, 2015);
was accepted by Robert Williams, William
Wade, and Jeremy Burkhart of the Bike Coop,
2206 Central Avenue.
DuRide in Service to Older Americans
Month (May 2015) was accepted by Board
Chairperson Cori Burbach and Executive Di-
rector Greg Orwoll;
Historic Preservation Month (May 2015):
was accepted by Planning Services Manager
Laura Carstens;
Mental Health Month (May 2015) was ac-
cepted by Debra Klein, Vice President of Men-
tal Health America of Dubuque County.
140 Regular Session, May 4, 2015 Book 145
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion
carried 7-0.
1. Minutes and Reports Submitted: City
Council Proceedings of 4/20, Investment
Oversight Advisory Commission of 4/22, Li-
brary Board of Trustees of 2/26 and 3/4, Proof
of Publication for City Council Proceedings of
4/6. Upon motion the documents were re-
ceived and filed.
2. Notice of Claims and Suits: Darlene
Kaufmann/Integrity Insurance for vehicle dam-
age, Krystal Harmening for vehicle damage.
Upon motion the documents were received,
filed and referred to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Margaret Ehlers for property damage,
Krystal Harmening for vehicle damage, Dar-
lene Kaufmann/Integrity Insurance for vehicle
damage. Upon motion the documents were
received, filed and concurred.
4. Water Treatment Plant North Softening
Basins Rehabilitation Project Acceptance: City
Manager recommending acceptance of the
construction contract for the Water Treatment
Plant North Softening Basins Rehabilitation
Project as completed by Fred Jackson Tuck-
pointing Co., Inc. Upon motion the documents
were received and filed and Resolution No.
140-15 Accepting the Water Treatment Plant
North Softening Basins Rehabilitation Project
and authorizing the payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 140-15
ACCEPTING THE WATER TREATMENT
PLANT NORTH SOFTENING BASINS RE-
HABILITATION PROJECT AND AUTHORIZ-
ING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Water Treatment Plant North Softening
Basins Rehabilitation Project (the Project) has
been completed and Veenstra & Kimm, Inc. of
Moline, Illinois, the City’s consulting engineer-
ing firm, has examined the work and filed a
letter stating that the Project has been com-
pleted according to the terms of the Public
Improvement Contract and has recommended
that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the
City’s consulting firm is approved and the Pro-
ject is hereby accepted.
Section 2. The Finance Director is hereby
directed to pay the Contractor from the Water
Department’s FY-2015 Capital Improvement
Program Budget Fund Code 740-2396 appro-
priation for the contract amount of $178,950.00
less any retained percentage provided 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 4th day
of May, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Authorized Depository Institutions: City
Manager recommending approval of a Resolu-
tion adding Fidelity Bank & Trust as an author-
ized depository, which will allow Fidelity Bank
to bid on City of Dubuque checking, savings,
money market or certificate of deposit ac-
counts. It is also recommended to increase the
amount of City funds that can be invested in
American Trust & Savings Bank. Upon motion
the documents were received and filed and
Resolution No. 141-15 Naming Depositories
was adopted.
RESOLUTION NO. 141-15
Whereas, Chapter 12C.2 of the 2201 Code
of Iowa states that the approval of a financial
institution as a depository shall be by written
resolution or order which shall be entered of
record in the minutes of the approving board,
and which shall distinctly name each deposito-
ry approved, and specify the maximum amount
which may be kept on deposit in each deposi-
tory; and
Whereas, This procedure is required if a fi-
nancial institution changes its name or home
office location, if the maximum amount is
changed, or if a financial institution is added or
deleted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the following financial insti-
tutions are approved to be depositories of the
City of Dubuque, Iowa funds in conformance
with all applicable provisions of the 2001 Iowa
Code Chapter 12C.2. The City Treasurer is
hereby authorized to deposit City of Dubuque,
Iowa funds in amounts not to exceed the max-
imum approved for each respective financial
institution as set out below.
Depository Name, Location of Home Office,
Maximum Balance
American Trust & Savings Bank, Dubuque,
Iowa $60,000,000
Book 145 Regular Session, May 4, 2015 141
Dubuque Bank & Trust Company, Dubuque,
Iowa $60,000,000
U.S. Bank, Minneapolis, Minnesota,
$40,000,000
Dupaco Community Credit Union, Dubuque,
Iowa $20,000,000
Premier Bank, Dubuque, Iowa $20,000,000
East Dubuque Savings Bank, Dubuque, Iowa
$20,000,000
Fidelity Bank & Trust, Dyersville, Iowa,
$20,000,000
BBVA Compass, Birmingham, Alabama,
$100,000
Passed, approved and adopted this 4th day
of May, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Catfish Creek 22- and 30-inch Sanitary
Sewer Inspection Project Acceptance: City
Manager is recommending acceptance of the
Catfish Creek 24-inch and 30-inch Sanitary
Sewer Inspection Project, as completed by
Redzone Robotics, Inc. Upon motion the doc-
uments were received and filed and Resolution
No. 142-15 Accepting the Water & Resource
Recovery Center Catfish Creek 24" and 30"
Sanitary Sewer Inspection and authorizing the
payment to the contractor was adopted.
RESOLUTION NO. 142-15
ACCEPTING THE WATER & RESOURCE
RECOVERY CENTER CATFISH CREEK 24”
AND 30” SANITARY SEWER INSPECTION
AND AUTHORIZING THE PAYMENT TO THE
CONTRACTOR
Whereas, the public improvement contract
for the Catfish Creek 24” and 30” Sanitary
Sewer Inspection (the Project) has been com-
pleted has been completed by the Contractor,
Redzone Robotics, Inc. (Contractor), the City
Engineer has examined the work and recom-
mends that the Project be accepted; and
Whereas, the final contract amount for the
Project is $47,866.50; and
Whereas, the Contractor has previously
been paid $45,492.18, leaving a balance of
$2,394.33; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $2,394.33 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved and adopted this 4th day
of May, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE CATFISH CREEK
24″ AND 30″ SANITARY SEWER INSPEC-
TION PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa hereby certifies that he has
inspected the Catfish Creek 24” and 30” Sani-
tary Sewer Inspection Project, and that said
Project has been performed in compliance with
the terms of the Public Improvement Contract,
and that the total cost of the completed work is
$47,866.50.
Dated this 1st day of May, 2015.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 1st
day of May, 2015.
/s/Kevin S. Firnstahl, City Clerk
7. 2014-2015 Snow/Ice Removal from
Right-of-Way Assessments: City Manager
recommending establishing the final assess-
ments for the 2014-2015 Snow Removal from
City Right-of-Way. Upon motion the docu-
ments were received and filed and Resolution
No. 143-15 Adopting the Final Assessment
Schedule for the 2014-2015 Snow Removal
Assessment - Right-of-Way Obstruction Re-
moval Assessment Project was adopted.
RESOLUTION NO. 143-15
ADOPTING THE FINAL ASSESSMENT
SCHEDULE FOR THE 2014-2015 SNOW
REMOVAL ASSESSMENT – RIGHT-OF-WAY
OBSTRUCTION REMOVAL 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 Snow Removal Assessment
– Right-of-Way Obstruction Removal Assess-
ment Project.
There is hereby assessed and levied as a
special tax against and upon each of the bene-
fited properties, the respective sums indicated.
The amounts shown in said Final Schedule of
Assessments as deficiencies are found to be
proper and levied conditionally against the
respective properties benefited by the im-
provements as shown in the Final Schedule of
Assessments, subject to the provisions of Iowa
Code § 364.12. Said assessments against
said lots are hereby declared to be in propor-
tion to the special benefits conferred and not in
142 Regular Session, May 4, 2015 Book 145
excess of twenty-five percent of the value of
same.
The City Clerk be and is hereby directed to
certify the Final Schedule of Assessments to
the County Treasurer of Dubuque County,
Iowa, and to publish notice of said certification
once each week for two consecutive weeks in
the manner provided in Iowa Code § 362.3,
the first publication of which shall be not more
than fifteen days from the date of filing of the
Final Schedule of Assessments. On or before
the date of the second publication of the no-
tice, 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, Dubu-
que, Iowa at any time within 30 days after the
date of the first notice of the Final Schedule of
Assessments. Thereafter, unpaid assessments
are payable 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 De-
cember 1 next following the due dates of the
respective installments as provided in Section
384.65 of the Code of Iowa. Each installment
will be delinquent from October 1 following its
due date on July 1 of each year. However,
when the last day of September is a Saturday
or Sunday, that amount shall be delinquent
from the second business day of October. Un-
paid balances will draw the same delinquent
interest as ordinary taxes.
Passed, approved and adopted this 4th day
of May, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENTS
PROPERTY OWNER NAME; LOT DESCRIP-
TION; PARCEL NUMBER; MAILING AD-
DRESS; CITY, STATE, ZIP; STREET AD-
DRESS; VALUATION WITH IMPROVEMENT;
SIDEWALK ASSESSMENT; ADMINISTRA-
TIVE FEE; TOTAL NET ASSESSMENT
Mid-America Property Management LLC;
LOT 11 Quigleys Sub of 710 +B8:B56568-570
W Locust St; 1024159009; PO Box 1572;
Dubuque, IA 52004; 568 West Locust Street;
$101,050.00; $50.00; $25.00; $75.00
US Bank Trust NA Trustee For Lsf8 Master
Participation Trust; LOT 8 Marshs Dubuque
No 2; 1026229002; 13801 Wireless Way; Ok-
lahoma City, OK 73134-2500; 1050 North
Booth Street; $58,860.00; $421.00; $50.00;
$471.00
Robert & Cheryl Cannon; N 75' of S 140' of
E 140' OF Lot 6 Mt Pleasant Add;
1023461021; 900 Rush Street; Dubuque, IA
52003; 1555 Mount Pleasant Street;
$99,400.00; $95.00; $50.00; $145.00
Blake & Linda Schellenberg; E 1/2 LOT 5
of E 1/2 of City Lot 655; 1024457016; 31170
Southwest County View; Wilsonville, OR
97070; 1025 Bluff Street; $21,590.00; $146.00;
$75.00; $221.00
Nancy Jo Moore; LOT 2-817 A McDaniels
Sub; 1024377004; 803 Grant Ct.; Maquoketa,
IA 52060; 614 Loras Boulevard; $32,860.00;
$142.00; $75.00; $217.00
Page Family Trust; Lot 3 Kellys Sub;
1025129007; 752University Ave.; Dubuque, IA
52001; 752 University; $80,250.00; $102.00;
$50.00; $152.00
Nottingham Properties LLC; Lot 4 Kellys
Sub; 1025129008; 16401 Nottingham Ct.;
Dubuque, IA 52001; 742 University;
$63,680.00; $50.00; $25.00; $75.00
Jesse Rans; E 24' of LOT 22 Cox's Add;
1024177022; 125 Kayle Dr.; Manchester, IA
52057; 2008 Foye Street; $43,170.00; $50.00;
$25.00; $75.00
Property Investments Group LLC; Lots 1-4
& 2-1-5 Kiene & Altmans Sub; 1013314026;
605 Bluff St.; Dubuque, IA 52001; 2555 Cen-
tral Avenue; $97,070.00; $55.00; $25.00;
$80.00
Property Investments Group LLC; Lot 1-2
And 1-3 Kiene & Altmans Sub; 1013314025;
605 Bluff St.; Dubuque, IA 52001; 2565 Cen-
tral Avenue; $77,830.00; $55.00; $25.00;
$80.00
Heather Hubbard & Stacie & Richard Her-
ring; W 74' of Lot 70 E Langs Add;
1013413011; 407 E. 25th St.; Dubuque, IA
52001; 407 E. 25th Street; $81,500.00; $45.00;
$25.00; $70.00
Richard Jacoby; Lot 11 Quigleys Sub of
711; 1024159001; 15 Alpine; Dubuque, IA
52001; 620 West Locust Street; $62,970.00;
$50.00; $25.00; $75.00
Brian Brandel; Lot 3 New Jackson Sub;
1013379029; PO Box 61; Dubuque, IA 52004-
0061; 2413 Jackson Street; $66,240.00;
$45.00; $25.00; $70.00
Susan Campbell; Lot 1-5 Mrs. L H Langs
Sub 'Except N 12' Thereof; 1025157004; 824
Frandora Lane; Houston, TX 77024; 1084
West Third Street; $252,520.00; $45.00;
$25.00; $70.00
Ace Construction-Dubuque LLC; Lot 1-1
Bowens Sub; 1024179005; PO Box 61; Dubu-
que, IA 52004-0061; 450 West Locust Street;
$30,220.00; $46.00; $25.00; $71.00
Mid America Property Management LLC;
Lot 2 Lynn's Place; 1024179006; PO Box
1572; Dubuque, IA 52004; 440 West Locust
Street; $38,390.00; $46.00; $25.00; $71.00
Empress Enterprises LLC; Lot 1 Of Winner
Place; 1024403017; 199 New Montgomery St.
# 706; San Francisco, CA 94105; 25 West 15th
Street; $82,670.00; $101.00; $50.00; $151.00
Book 145 Regular Session, May 4, 2015 143
Ronald Conrad Jr.; S 1/2 Lot 77 East
Dubuque Add; 1024281017; 13989 Barrington
Drive; Dubuque, IA 52003; 1503 Washington
Street; $50,890.00; $50.00; $25.00; $75.00
Patricia Ginter; N 1/2 of Lot 79 East Dubu-
que Add; 1024281012; 1559 Washington;
Dubuque, IA 52001; 1559 Washington Street;
$54,820.00; $46.00; $25.00; $71.00
Rob Coker; SE 93' of Lot 5 Fengler's Add;
1118310023; 1203 Rhomberg Avenue; Dubu-
que, IA 52001; 1203 Rhomberg Avenue;
$83,950.00; $50.00; $25.00; $75.00
Daniel Kuhle; Lot 246 Woodlawn Park Add;
1026129010; 1905 Loras Blvd; Dubuque, IA
52001; 1905 Loras Blvd; $95,400.00; $201.00;
$100.00; $301.00
Murley Property Management LLC; Lot 11
Oxford Hgts; 1025109013; 14157 Deerfield
Court; Dubuque, IA 52003; 969 Oxford Street;
$104,630.00; $92.00; $50.00; $142.00
Toni McNatt; Lot 1-2-1-1-3 R Browns Sub;
1025135014; 749 W. 5th St.; Dubuque, IA
52001; 749 W. 5th St.; $105,860.00; $46.00;
$25.00; $71.00
Judge Real Estate LLC; All James Flynn
Place 492-492 1/2 W Locust; 1024178006;
605 Bluff St.; Dubuque, IA 52001; 492 West
Locust Street; $34,900.00; $101.00; $50.00;
$151.00
Michael & Mollie Rogers; Lot 4-3 of Min Lot
178; 1023407005; 1738 Wood Street; Dubu-
que, IA 52001; 1738 Wood Street; $81,960.00;
$105.00; $50.00; $155.00
Deutsche Bank National Trust Company,
Trustee For Merrill Lynch Mortgage Investors
Trust Series 2007-Min1; Lot 1-1-1-Mineral Lot
349 And Lot 2-1-Mineral Lot 350; 1014404030;
350 Highland Dr.; Lewisville, TX 75067; 855
Kane Street; $92,760.00; $50.00; $25.00;
$75.00
Chicago Central & Pacific Railroad Co;
Railroad R O W Sec 1 T88N-R2E (SEE 15-01-
501-003); 1500800016; 8th Floor PO Box 8100
Downtown Station; Montreal, Quebec Canada
H3C 3N4; Old Mill Road; $2,046.00; $110.00;
$25.00; $135.00
US Bank NA; Lot 44 Blk 3 Sunset Park
Sub #3; 1021331016; 4801 Frederica St.; Ow-
ensboro, KY 42304-0005; 1997 Ellen Street;
$125,000.00; $47.00; $25.00; $72.00
DBD Properties LLC; E 38'-E 73'-2 & Lot 2-
2-1 of City Lot 738; 1024384004; 8517 Royal
Oaks Dr.; Peosta, IA 52068; 722 West 11th
Street; $88,250.00; $47.00; $25.00; $72.00
Larry & Brenda Huseman; Lot 12 Quigleys
Sub of 710 576-576 1/2 W Locust St;
1024159008; 18491 W Michelle Ct.; East
Dubuque, IL 61025-9403; 576 West Locust
Street; $34,570.00; $62.00; $25.00; $87.00
Imelda Budde; Lot 30 Blk 1 Sunset Park
Sub # 4; 1028107013; 1151 Solon; Dubuque,
IA 52001; 1472 Marjorie Circle; $144,670.00;
$50.00; $25.00; $75.00
Deane & Manolita Dement; Lot 1-1-1-10
Kellys Sub; 1025129016; PO Box 836; Dubu-
que, IA 52004-0836; 688 University Avenue;
$7,110.00; $50.00; $25.00; $75.00
Travis Nelson & Corrine Hinderman; Lot 44
Woodlawn Park Add; 1023459008; 2401
Windsor Ave; Dubuque, IA 52001; 1523 Adair
Street; $105,900.00; $55.00; $25.00; $80.00
Julie Lott; Lot 59, 1-60, 2-58, All In Sm
Langworthys Add 1174-1176 University;
1026232002; 291 Stahlman; Destin, FL 32541;
1174 University Avenue; $106,550.00; $47.00;
$25.00; $72.00
Secretary of Veterans Affairs; Lot 1 Blk 5
Westchester Sub; 1021280001; 1 Federal
Drive, Ft Snelling; St. Paul, MN 55111-4050;
3340 Foothill Drive; $139,030.00; $82.50;
$25.00; $107.50
BRP Properties LLC; E 17' Lot 5 of City Lot
601; 1025260023; 8505 Southern Hills Ct.;
Dubuque, IA 52003; 432 Emmett Street;
$38,710.00; $49.00; $25.00; $74.00
Andrea Bermas; Lot 1-1 Cook & Allen
Place; 1036157013; 1005 Victoria St.; Dubu-
que, IA 52003; 1005 Victoria St.; $109,940.00;
$58.00; $25.00; $83.00
Adelicia LC; Lot 1 Wood's Second Add;
1023429036; 3500 Dodge # 387; Dubuque, IA
52003; Kirkwood; $19,830.00; $64.25; $25.00;
$89.25
Home Dream LLC; E 1/2 of Lot 6 Sieges
Sub; 1024131002; 3060 Pennsylvania Ave;
Dubuque, IA 52001; 338 Kaufmann Avenue;
$74,140.00; $53.00; $25.00; $78.00
Stephen & Misty Heinold; W 1/2 of Lot 5
Sieges Sub; 1024131003; 332 Kaufmann
Ave.; Dubuque, IA 52001; 332 Kaufmann Ave-
nue; $62,250.00; $53.00; $25.00; $78.00
Steven & Jana Schmitt; Lot 2-21 Blk 10
Sunset Park Sub; 1016427016; 1910 Kitty
Hawk Dr.; Waterloo, IA 50701; 3325 Sunset
Park Circle; $157,610.00; $48.00; $25.00;
$73.00
Steven & Jana Schmitt; Lot 3-21 Blk 10
Sunset Park Sub; 1016427015; 1910 Kitty
Hawk Dr.; Waterloo, IA 50701; 3335 Sunset
Park Circle; $157,610.00; $48.00; $25.00;
$73.00
James Wiezorek; Lot 1 Blk 3 Steger
Heights; 1026152001; 265 Devon Dr.; Dubu-
que, IA 52001; 265 Devon Drive; $180,810.00;
$49.00; $25.00; $74.00
E Mueller sales LLC; N 28.7' of N 1/2 of
Lot 256 Davis Farm Add; 1013307018; 3364
Hibiscus Ln; Dubuque, IA 52002; 2741 Central
Avenue; $38,570.00; $47.00; $25.00; $72.00
Tschiggfrie Excavating Co.; Lot 35 Shady
Oaks Sub; 1036426020; 400 Julien Dubuque
Dr.; Dubuque, IA 52003; Shady Oaks Dr.;
$60,000.00; $47.00; $25.00; $72.00
Craig & Gretchen Nordenson; Lot 2 Blk 3
Highland; 1015302002; 2901 Olde Country
144 Regular Session, May 4, 2015 Book 145
Lane; Dubuque, IA 52001; 2901 Olde Country
Lane; $155,750.00; $71.00; $25.00; $96.00
Casey Schleusner; W 50' - W 100' - Lot 1-2
Mattox Sub; 1025179003; 2415 Oak Ave.;
Garner, IA 52001; 672 West 5th Street;
$89,210.00; $49.00; $25.00; $74.00
14th Street Properties LLC; E 56' of Lot 52
East Dubuque Add 232-234-244-246 E 14th
ST; 1024430002; 800 Spring Street; Galena,
IL 61036; 232 East 14th Street; $67,270.00;
$60.00; $25.00; $85.00
8. Northridge Ventures, LLC - Grant of
Temporary Easement: City Manager recom-
mending acceptance of the Grant of Tempo-
rary Easement for Grading and Permanent
Easement for Storm and Sanitary Sewer from
Northridge Ventures, LLC over property at
3600 Digital Drive. Upon motion the docu-
ments were received and filed and Resolution
No. 144-15 Accepting a Grant of Temporary
Easement for grading and permanent ease-
ment for storm and sanitary sewer through,
over and across part of Lot 11 in Block 2 of
Dubuque Technology Park, in the City of
Dubuque was adopted.
RESOLUTION NO. 144-15
ACCEPTING A GRANT OF TEMPORARY
EASEMENT FOR GRADING AND PERMA-
NENT EASEMENT FOR STORM AND SANI-
TARY SEWER THROUGH, OVER AND
ACROSS PART OF LOT 11 IN BLOCK 2 OF
DUBUQUE TECHNOLOGY PARK, IN THE
CITY OF DUBUQUE, IOWA
Whereas, Northridge Ventures LLC has
executed a Temporary Easement for Grading
and a Permanent Easement for Storm and
Sanitary Sewer through, over and across Part
of Lot 11 in Block 2 of Dubuque Technology
Park, in the City of Dubuque, Dubuque Coun-
ty, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Temporary
Easement for Grading and a Permanent
Easement for Storm and Sanitary Sewer
through, over and across Part of Lot 11 in
Block 2 of Dubuque Technology Park, in the
City of Dubuque, Dubuque County, Iowa from
Northridge Ventures LLC, a copy of which is
attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Passed, approved and adopted this 4th day
of May, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Sales Tax Increment Revenue Bonds
(Unlimited Property Tax Supported, Second
Lien Series 2014 Resolution Amendment: City
Manager recommending approval of an
amendment to Section 8.3 of the Master Bond
Resolution relating to the initial series of Sales
Tax Increment Revenue Bonds issued by the
City under the Flood Mitigation Program. Upon
motion the documents were received and filed
and Resolution No. 145-15 Amending Resolu-
tion No. 159-14 approved on May 19, 2014,
relating to the issuance of Sales Tax Incre-
ment Revenue Bonds by the City under the
provisions of Chapter 418 of the Code of Iowa,
and authorizing the issuance of $7,190,000
Sales Tax Increment Revenue Bonds (Unlim-
ited Property Tax Supported), Second Lien
Series 2014 was adopted.
RESOLUTION 145-15
AMENDING RESOLUTION NO. 159-14 AP-
PROVED ON MAY 19,2014, RELATING TO
THE ISSUANCE OF SALES TAX INCRE-
MENT REVENUE BONDS BY THE CITY UN-
DER THE PROVISIONS OF CHAPTER 418
OF THE CODE OF IOWA, AND AUTHORIZ-
ING THE ISSUANCE OF $7,190,000 SALES
TAX INCREMENT REVENUE BONDS (UN-
LIMITED PROPERTY TAX SUPPORTED),
SECOND LIEN SERIES 2014
Whereas, pursuant to Resolution No. 159-
14 approved on May 19, 2014 (the "Master
Bond Resolution"), the City of Dubuque, Iowa
("City") provided for the issuance of Sales Tax
Increment Revenue Bonds by the City under
Chapter 418 of the Code of Iowa, and author-
ized the issuance of Sales Tax Increment
Revenue Bonds (Unlimited Property Tax Sup-
ported), Second Lien Series 2014, dated June
16, 2014, to the extent of $7,190,000; and
Whereas, Section 8.3 of the Master Bond
Resolution sets forth the requirements that
must be met before additional Senior Bonds
may be issued, certain of which requirements
do not apply in those instances where the pro-
posed Senior Bonds are secured by a stand-
by levy of Debt Service Taxes; and
Whereas, the City proposes to issue an
additional series of Senior Bonds that will be
secured by a stand-by levy of Debt Service
Taxes, subject to non-appropriation in any
fiscal year, and it is considered necessary and
appropriate to amend Section 8.3 to clarify that
such a right of non-appropriation is not to be
taken into account in determining whether a
series of Senior Bonds is secured by a stand-
by levy of Debt Service Taxes for purposes of
Section 8.3; and
Whereas, Section 11.1 of the Master Bond
Resolution authorizes the City Council to
amend the Master Bond Resolution without the
consent of or notice to any of the holders of
the outstanding Bonds, in order to cure any
Book 145 Regular Session, May 4, 2015 145
ambiguity or inconsistent provision thereof,
provided such action does not materially ad-
versely affect the interests of the holders of the
bonds issued under the Master Bond Resolu-
tion; and
Whereas, it has been determined that the
holders of the outstanding Sales Tax Incre-
ment Revenue Bonds (Unlimited Property Tax
Supported), Second Lien Series 2014, as the
only series of Bonds outstanding, would not be
so affected.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. That Section 8.3(b) of the Mas-
ter Bond Resolution be and is hereby amend-
ed to read as follows:
(b) If the proposed Senior Bonds will not be
secured by a stand-by levy of Debt Service
Taxes (disregarding for this purpose any right
of non-appropriation that may apply to the
stand-by levy securing such Senior Bonds), (i)
the Sales Tax Increment Revenues collected
by the Issuer during the most recently com-
pleted Fiscal Year prior to the issuance of the
proposed Senior Bonds were at least equal to
100% of the annual Debt Service Requirement
for such Fiscal Year on all Bonds then Out-
standing, subject, however, to adjustment as
described in clause (d), and (ii) the Issuer shall
have received a projection meeting the re-
quirements in clause ( c) below, which projects
that the future collections of Sales Tax Incre-
ment Revenues will be at least equal to 100%
of the projected Debt Service Requirements on
all Bonds, taking into account all Outstanding
Bonds and the Senior Bonds proposed to be
issued. (new language underscored)
Section 2. All other provisions of the Mas-
ter Bond Resolution are hereby ratified, con-
firmed and approved.
Passed, approved and adopted this 4th day
of May, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Plat of Survey - 1421 Elm Street / An-
gie’s Place: City Manager recommending ap-
proval of the Plat of Survey for Lot 1 and 2 of
Angie’s Place in the City of Dubuque in order
to create a new lot encompassing the residen-
tial building at 1421 Elm Street. Upon motion
the documents were received and filed and
Resolution No. 146-15 Approving Plat of Sur-
vey of Lot 1 and 2 of Angie’s Place in the City
of Dubuque, Dubuque County, Iowa, was
adopted.
RESOLUTION NO. 146-15
APPROVING PLAT OF SURVEY OF LOT 1
AND 2 OF ANGIE’S PLACE IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa a
plat dated the 23rd day of April, 2015, prepared
by Buesing and Associates Inc., dividing Lot
142 of East Dubuque Addition, to be hereinaf-
ter known as Lot 1 and 2 of Angie’s Place 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 23rd day
of April, 2015, prepared by Buesing and Asso-
ciates relative to the real estate hereinabove
described be and the same is hereby ap-
proved, 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 4th day
of May, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Historic Preservation Commission
Work Plan Progress Report: City Manager
transmitting the Historic Preservation Commis-
sion Work Plan Progress Report. Upon motion
the documents were received and filed.
12. Request for Proposals - Eagle Point
Park Intensive Survey and Evaluation: City
Manager recommending authorization to solicit
proposals to conduct the Eagle Point Park
Intensive Survey and Evaluation. Upon motion
the documents were received, filed and ap-
proved.
13. Full Circle Organics - Contract
Amendment: City Manager recommending
approval for the City of Dubuque to send its
second load of yard debris and food scraps to
the Full Circle Organics facility on any day
when the tonnage fee savings equals or ex-
ceeds the additional fuel cost. Upon motion the
documents were received and filed and Reso-
lution No. 147-15 Approving the First Amend-
ment to Agreement between Full Circle Organ-
ics, LLC and the City of Dubuque was adopt-
ed.
RESOLUTION NO. 147-15
APPROVING THE FIRST AMENDMENT TO
AGREEMENT BETWEEN FULL CIRCLE
ORGANICS, LLC AND THE CITY OF DUBU-
QUE
146 Regular Session, May 4, 2015 Book 145
Whereas, the City of Dubuque (City) and
Full Circle Organics, LLC (Contractor) have
entered into an Agreement dated April 15,
2013 for receiving and processing Acceptable
Compostable Materials; and
Whereas, City and Contractor now desire
to amend the Agreement as set forth in the
attached First Amendment to Agreement.
NOW, THEREFORE, IT IS AGREED BY
AND BETWEEN THE PARTIES AS FOL-
LOWS:
Section 1. The First Amendment to
Agreement attached hereto is hereby ap-
proved.
Section 2. The City Manager is hereby au-
thorized and directed to sign the First Amend-
ment to Agreement on behalf of the City.
Passed, approved and adopted this 4th day
of May, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Iowa Department of Inspections & Ap-
peals Contract Amendment for Food Inspec-
tions: City Manager recommending approval of
an extension to the Iowa Department of In-
spections and Appeals Agreement with the
City of Dubuque for performance of food and
hotel licensing, inspections and enforcement
with respect to retail food establishments. Up-
on motion the documents were received, filed
and approved.
15. Alliance Technologies, Inc.: Corre-
spondence from Alliance Technologies, Inc.,
advising the City that it has submitted an ap-
plication to the Iowa Utilities Board to termi-
nate a Certificate of Franchise Authority. Upon
motion the documents were received and filed.
16. Dubuque Golf & Country Club - Fire-
works Request: Correspondence from Richard
Bugalski, General Manager/CEO of the Dubu-
que Golf & Country Club, requesting permis-
sion to display fireworks on Saturday, July 4,
2014 at about 9:30 p.m. on the DG&CC
grounds with a rain date of Sunday, July 5.
Upon motion the documents were received,
filed and approved.
17. Extend Bee Branch Creek Restoration
Completion Deadline: City Manager transmit-
ting correspondence to the U.S. Department of
Commerce Economic Development Admin-
istration requesting approval to extend the
Construction and Completion Date and Award
End Date of the Bee Branch Disaster Resilien-
cy Project to September 1, 2017. Upon motion
the documents were received and filed.
18. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Midwest
Concrete, Inc., for the 2015 Asphalt Overlay
Access Ramp Project One. Upon motion the
documents were received, filed and approved.
19. Alcohol Compliance Civil Penalty for
Alcohol License Holder – Vinny Vanucchi's
Little Italy: City Manager recommending ap-
proval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation
for Vinny Vanucchi's Little Italy, 164 Main
Street. Upon motion the documents were re-
ceived, filed and approved.
20. Alcohol and Tobacco License Renew-
als: City Manager recommending approval of
annual liquor, beer, wine and tobacco license
applications as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 148-15 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.
149-15 Approving applications for retail ciga-
rette/tobacco sales permits, as required by
Iowa Code 453A.47A were adopted.
RESOLUTION NO. 148-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Buffalo Wild Wings, 2805 Northwest Arterial,
Class C Liquor (Outdoor) (Sunday)
Easy Street, 30 Main Street, Class C Liquor
(Outdoor) (Sunday)
Hilton Garden Inn, 1801 Greyhound Park Dr.,
Class B Liquor, Class B Wine (Catering)
(Outdoor) (Sunday)
Ichiban Hibachi, 3187 University Ave., Class C
Liquor (Sunday)
Book 145 Regular Session, May 4, 2015 147
Kmart #4018, 2600 Dodge St., Class C Beer,
Class B Wine (Sunday)
Loras College Campus 1450 Alta Vista Dr.,
Class C Liquor (Catering) (Sunday)
Marco's, 2022 Central Ave., Class C Liquor
McCann’s Service, 690 W Locust, Class C
Beer (Sunday)
Oky Doky #1, 250 W 1st St., Class C Beer,
Class B Wine (Sunday)
Paradise Distilling Company, 245 Railroad
Ave., Class A Micro-Distilled Spirits
Ron's Discount Smokes & Beverage, 1450
Loras Blvd., Class C Beer (Sunday)
Shenanigans Pub, LLC, 3203 Jackson St.,
Class C Liquor (Sunday)
Stan's Coffee House, 269 Main St., Special
Class C Liquor, Class B Native Wine (Out-
door) (Sunday)
Tobacco Outlet Plus #504, 806 Wacker Dr.
Suite 140, Class C Beer, Class B Wine
(Sunday)
Tott's Tap, 3457 Jackson St., Class C Liquor
(Sunday)
Walgreens #06154, 2260 JFK Rd., Class E
Liquor, Class B Wine, Class C Beer (Sun-
day)
Walgreens #09708, 55 JFK Rd., Class E Liq-
uor, Class B Wine, Class C Beer (Sunday)
New
Yardarm, 1201 Shiras Ave., Class C Liquor
(Outdoor) (Sunday)
Special Event
Dubuque County Fine Arts Society 5-15, Town
Clock Plaza, Class B Beer (Outdoor) (Sun-
day)
Kickoff to Summer 5-22, Town Clock Plaza,
Class B Beer (Outdoor)
Passed, approved and adopted this 4th day
of May, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 149-15
APPROVING APPLICATIONS FOR RETAIL
CIGARETTE / TOBACCO SALES PERMITS,
AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Ciga-
rette/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 oth-
erwise 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 author-
ized and directed to cause to be issued the
following named applicants and locations for
cigarette/tobacco sales permit.
Bunker Hill Golf Course, 2200 Bunker Hill Rd.
Passed, approved and adopted this 4th day
of May, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
1. Stormwater Utility Revenue Capital Loan
Notes (Iowa Water Pollution Control Works
Financing Program): City Manager recom-
mending that a public hearing be set for May
18, 2015, on the proposition of selling not to
exceed $34,000,000 in Stormwater Utility
Revenue Capital Loan Notes (State Revolving
Loan Fund Program) to pay costs for the Up-
per Bee Branch Creek Restoration. Upon mo-
tion the documents were received and filed
and Resolution No. 150-15 Fixing the date for
a meeting on the authorization of one or more
Loan and Disbursement Agreements and the
issuance of not to exceed $34,000,000
Stormwater Utility Revenue Capital Loan
Notes of the City of Dubuque, Iowa and provid-
ing for publication of notice thereof was adopt-
ed setting a public hearing for a meeting to
commence at 6:30 p.m. on May 18, 2015 in
the Historic Federal Building.
RESOLUTION NO. 150-15
FIXING DATE FOR A MEETING ON THE
AUTHORIZATION OF ONE OR MORE LOAN
AND DISBURSEMENT AGREEMENTS AND
THE ISSUANCE OF NOT TO EXCEED
$34,000,000 STORMWATER UTILITY REV-
ENUE CAPITAL LOAN NOTES OF THE CITY
OF DUBUQUE, IOWA AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
Whereas, on June 17, 2013, the City
Council held a public hearing and took addi-
tional action for the issuance of not to exceed
$14,767,000 Stormwater Utility Revenue Capi-
tal Loan Notes (State Revolving Loan Fund
Program), the proceeds of which were to be
used to pay costs of acquisition, construction,
reconstruction, extending, remodeling, improv-
ing, repairing and equipping all or part of the
Stormwater Management Utility, including
those costs associated with the construction of
the Bee Branch Disaster Resiliency Project;
and
Whereas, the foregoing action was taken
to satisfy the Economic Development Admin-
istration grant (EDA) Grant requirement that
the local match for the EDA Grant be fully
committed and readily available; and
148 Regular Session, May 4, 2015 Book 145
Whereas, it was subsequently deemed
necessary and advisable that, in lieu of the
above-described Stormwater Utility Revenue
Capital Loan Notes, the City of Dubuque, Iowa
should issue Sales Tax Increment Revenue
Bonds to the Iowa Finance Authority under the
State Revolving Fund Loan Program, to the
amount of not to exceed $30,000,000, as au-
thorized by Section 418.14 of the Code of Io-
wa, for the purpose of providing funds to pay
costs of carrying out certain flood mitigation
projects and to provide the local match for the
EDA Grant; and
Whereas, on June 16, 2014, this Council
held a public hearing and took additional ac-
tion for the issuance of not to exceed
$30,000,000 Sales Tax Increment Revenue
Bonds for the foregoing purposes; and
Whereas, such Bonds have not been is-
sued and it is now deemed necessary and
advisable that the City of Dubuque, Iowa
should provide for the authorization of one or
more Loan and Disbursement Agreements and
the issuance of Stormwater Utility Revenue
Capital Loan Notes, in the amount of not to
exceed $34,000,000, as authorized by Sec-
tions 384.24A and 384.83, Code of Iowa, as
amended, for the purpose of providing funds to
pay costs as hereinafter described; and
Whereas, the City has applied for a loan
through the Iowa Water Pollution Control
Works Financing Program pursuant to which
the Iowa Finance Authority has agreed to pur-
chase the City's Notes and has requested that
such Notes be issued as single Notes in a
denomination equal to the total amount of the
issue as authorized by Chapter 384 of the
Code of Iowa; and
Whereas, the Loan and Disbursement
Agreements and Notes shall be payable out of
the net earnings of the Stormwater Manage-
ment Utility and shall be a first lien on the fu-
ture net earnings of the Utility and, in the dis-
cretion of the City Council, from amounts on
deposit in the Additional Projects Account of
the Flood Project Fund; and shall not be gen-
eral obligations of the City or payable in any
manner by taxation and the City shall be in no
manner liable by reason of the failure of the
net revenues to be sufficient for the payment
of the Loan and Disbursement Agreements
and Notes; and
Whereas, before a Loan and Disbursement
Agreement may be authorized and Stormwater
Utility Revenue Capital Loan Notes issued to
evidence the obligation of the City thereunder,
it is necessary to comply with the provisions of
the Code of Iowa, as amended, and to publish
a notice of the proposal and of the time and
place of the meeting at which the Council pro-
poses to take action for the authorization of the
Loan and Disbursement Agreement and Notes
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 City Council meet in
the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa at 6:30 o'clock P.M., on
the 18th day of May, 2015, for the purpose of
taking action on the matter of the authorization
of one or more Loan and Disbursement
Agreements and the issuance of not to exceed
$34,000,000 Stormwater Utility Revenue Capi-
tal Loan Notes to evidence the obligations of
the City thereunder, the proceeds of which will
be used to provide funds to pay the costs of
land acquisition, engineering and construction
of Phase 7 of the Bee Branch Watershed
Flood Mitigation Project, also known as the
Upper Bee Branch Creek Restoration, the re-
funding and refinancing of the outstanding
General Obligation Capital Loan Notes Antici-
pation Project Note, Series 2006, dated De-
cember 28, 2006, issued in respect of such
costs, and the Catfish Creek Watershed Im-
provements.
Section 2. That the Clerk is hereby directed
to cause at least one publication to be made of
a notice of said meeting, in a legal newspaper,
printed wholly in the English language, pub-
lished at least once weekly, and having gen-
eral circulation in said City, said publication to
be not less than four clear days nor more than
twenty days before the date of said public
meeting on the issuance of the Notes.
Section 3. The notice of the proposed ac-
tion shall be in substantially the [provided]
form:
Passed, approved and adopted this 4th day
of May, 2015.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Sale of Property at 2521 Stafford Street:
City Manager recommending that a public
hearing be set for May 18, 2015, for the pur-
pose of disposing of City-owned real estate at
2521 Stafford Street to Sheonna D. Bond. Up-
on motion the documents were received and
filed and Resolution No. 151-15 Resolution of
Intention to dispose of City-owned property,
specifically, Lot Two (2) of Lot One (1) and the
East One-Half (E ½) of Lot Four (4) of Lot Two
(2) both in Geiger’s Subdivision, in the City of
Dubuque, Iowa – 2521 Stafford Street was
adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on May 18, 2015 in
the Historic Federal Building.
RESOLUTION NO. 151-15
INTENTION TO DISPOSE OF CITY-OWNED
PROPERTY, SPECIFICALLY, LOT TWO (2)
OF LOT ONE (1) AND THE EAST ONE-HALF
Book 145 Regular Session, May 4, 2015 149
(E ½) OF LOT FOUR (4) OF LOT TWO (2)
BOTH IN GEIGER’S SUBDIVISION, IN THE
CITY OF DUBUQUE, IOWA – 2521 STAF-
FORD STREET
Whereas, the City of Dubuque has ob-
tained certain real property in connection with
the Purchase/Rehab/Resale Project; and for
purpose of its acquisition, rehabilitation and re-
sale for owner-occupied housing; and
Whereas, the City received an offer to pur-
chase this property from Sheonna D. Bond;
and
Whereas, by accepting the selected offer
the City’s objectives of providing homeowner-
ship to an income qualified buyers and rehabil-
itation of a vacated home can be realized.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
intends to dispose of its interest in the follow-
ing legally-described property:
Lot Two (2) of Lot One (1) and the East
One-Half (E ½) of Lot Four (4) of Lot Two
(2) both in Geiger’s Subdivision, in the
City of Dubuque, Iowa; and
Section 2. That the City of Dubuque, Iowa
proposes to dispose of its interest in the above
described real estate to Sheonna D. Bond for
the sum of $130,000.
Section 3. That the City Clerk is hereby au-
thorized and directed to cause this Resolution
and a notice to be published as prescribed by
Iowa Code Section 364.7 of a public hearing
on the City’s intent to dispose of the foregoing-
described Property, to be held on the 18th day
of May, 2015, at 6:30 o’clock p.m. at the His-
toric Federal Building, 350 West 6th Street,
Dubuque, Iowa.
Passed, approved and adopted this 4th day
of May, 2015.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Review of Applications to the Following
Boards/Commissions: Applicants were invited
to address the City Council regarding their
desire to serve on the following
Boards/Commissions.
1. Electrical Code Board: Two, 3 Year
terms through May 21, 2018 (Vacant term of
Schmidt and expiring term of Uhlrich). Electri-
cal background qualification required. One, 3
Year term through May 21, 2017 (Vacant term
Hammel); Journeyman/Maintenance qualifica-
tion required. Applicants: Zach Dowell, 2055
Winne Ct. (Qualifies for both); Dave Nebel Jr.,
2064 Woodrow Dr. (Qualifies for both); Kevin
Pfohl, 1878 Hummingbird Dr. (Qualifies for
both); Paul Uhlrich, 4890 Olympic Heights Rd.
(Qualifies for both). Mr. Nebel spoke in support
of his appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the following items.
1. Utility Extension to Dubuque Regional
Airport: Proof of publication on notice of public
hearing to consider approval of plans, specifi-
cations, form of contract, and estimated cost
for the utility extension to Dubuque Regional
Airport and the City Manager recommending
approval. Motion by Connors to receive and
file the documents and adopt Resolution No.
152-15 Approval of plans, specifications, form
of contract, and estimated cost for the Utility
Extension to the Dubuque Regional Airport.
Seconded by Jones. City Engineer Gus Psi-
hoyos and Water Plant Manager Bob Green
responded to questions regarding the percent-
age of the corridor covered by the project and
its critical importance. Motion carried 7-0.
RESOLUTION NO. 152-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE UTILITY EXTENSION TO
THE DUBUQUE REGIONAL AIRPORT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Utility Extension to the Dubuque Regional Air-
port, in the estimated amount $10,107,454.74,
are hereby approved.
Passed, adopted and approved this 4th day
of May, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. North Cascade Road - Urban Renewal
Amendment: Proof of publication on notice of
public hearing to consider adoption of the
amended plan for the North Cascade Road
Urban Renewal Area and the City Manager
recommending approval. Motion by Braig to
receive and file the documents and adopt
Resolution No. 153-15 Approving the amend-
ed Urban Renewal Plan for the North Cascade
Road Housing Urban Renewal Area. Second-
ed by Connors. Motion carried 7-0.
RESOLUTION NO. 153-15
APPROVING THE AMENDED URBAN RE-
NEWAL PLAN FOR THE NORTH CASCADE
ROAD HOUSING URBAN RENEWAL AREA
150 Regular Session, May 4, 2015 Book 145
Whereas, by Resolution 110-15 approved
on April 6, 2015, the City Council of the City of
Dubuque, Iowa authorized the preparation of
an Amended Urban Renewal Plan for the
North Cascade Road Housing Urban Renewal
Area (the "District"); and
Whereas, the proposed Urban Renewal
Plan for the District has been prepared and
placed on file for public inspection in the City
Clerk's Office; and
Whereas, the City of Dubuque's primary
objective for the North Cascade Road Housing
Urban Renewal Area is to stimulate, through
public involvement and commitment, private
investment in new housing and residential
development as defined by Iowa Code Section
403.17(12), as described in the Urban Renew-
al Plan; and
Whereas, City desires to allow for a poten-
tial increase in the amount of tax increment
financing to benefit Low and Moderate Income
(LMI) individuals in the community; and
Whereas, the City Council finds that the
District meets the definition of an economic
development area as found in Chapter 403 of
the Iowa Code, and is appropriate for the pro-
vision of public improvements related to hous-
ing and residential development; and
Whereas, the City Council, in accordance
with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed Urban
Renewal Plan after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended Urban Re-
newal Plan for the North Cascade Road Hous-
ing Urban Renewal Area is hereby approved.
Section 2. That the City Clerk of the City of
Dubuque, Iowa is hereby authorized and di-
rected to file a certified copy of this Resolution
and the Urban Renewal Plan in the office of
the Dubuque County Recorder.
Passed, approved and adopted this 4th day
of May, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Sales Tax Increment Revenue Bonds
(Flood Mitigation Program): City Manager rec-
ommending approval of the suggested pro-
ceedings for public hearing on the issuance of
Sales Tax Increment Revenue Bonds (Flood
Mitigation Program) Senior Bond Series
2015A. Motion by Jones to receive and file the
documents and adopt Resolution No. 154-15
Instituting proceedings to take additional action
for the issuance of not to exceed $24,500,000
Sales Tax Increment Revenue Bonds; and
Resolution No. 155-15 Approving form and
distribution of Preliminary Official Statement
relating to the offering and sale of Sales Tax
Increment Revenue Bonds (Annual Appropria-
tion Property Tax Supported), Senior Bond
Series 2015A. Seconded by Connors. City
Manager Van Milligen provided an explanation
on the revenues, repayment and bond rating
for the first-of-its-kind bond issuance. Motion
carried 7-0.
RESOLUTION NO. 154-15
INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE
OF NOT TO EXCEED $24,500,000 SALES
TAX INCREMENT REVENUE BONDS
Whereas, pursuant to notice published as
required by law, this Council has held a public
meeting and hearing upon the proposal to in-
stitute proceedings for the issuance of not to
exceed $24,500,000 Sales Tax Increment
Revenue Bonds for the purpose of pay costs
of the acquisition, construction, installation and
equipping of the Bee Branch Watershed Flood
Mitigation Project, including those costs asso-
ciated with the Lower Bee Branch Creek Res-
toration (Phase 4), the Upper Bee Branch
Creek Restoration (Phase 7), the Flood Mitiga-
tion Gate Replacement (Phase 5), the Flood
Control .Maintenance Facility (Phase 9), and
the North End Storm Sewers (Phase 10), the
funding of a debt service reserve for the
Bonds, and the related costs for property ac-
quisition, engineering and design and other
professional services, and has considered the
extent of objections received from residents or
property owners as to said proposed issuance;
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 takes additional ac-
tion for the sale and issuance in the-manner
required by law of not to exceed $24,500,000
Sales Tax Increment Revenue Bonds for the
foregoing purposes.
Section 2. The City Manager, Budget Di-
rector and Finance Director are authorized and
directed to proceed on behalf of the City with
the negotiation of the terms of said Bonds, to
select a date for the Council's approval there-
of, to cause to be prepared such notice and
sale information as may appear appropriate, to
publish and distribute the same on behalf of
the City and this Council and otherwise to take
all action necessary to permit the sale of said
Bonds on a basis favorable to the City and
acceptable to the Council.
Passed, approved and adopted this 4th day
of May, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Book 145 Regular Session, May 4, 2015 151
RESOLUTION 155-15
APPROVING FORM AND DISTRIBUTION OF
A PRELIMINARY OFFICIAL STATEMENT
RELATING TO THE OFFERING AND SALE
OF SALES TAX INCREMENT REVENUE
BONDS (ANNUAL APPROPRIATION
PROPERTY TAX SUPPORTED), SENIOR
BOND SERIES 2015A
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, Iowa should
issue its Sales Tax Increment Revenue Bonds
to the amount of not to exceed $24,500,000,
as authorized by Sections 418.14 and 384.83
of the Code of lowa, for the purpose of provid-
ing funds to pay costs of the acquisition, con-
struction and installation and equipping of the
Bee Branch Watershed Flood Mitigation Pro-
ject, including those costs associated with the
Lower Bee Branch Creek Restoration (Phase
4), the Upper Bee Branch Creek Restoration
(Phase 7), the Flood Mitigation Gate Re-
placement (Phase 5), the Flood Control
Maintenance Facility (Phase 9), and the North
End Storm Sewers (Phase 10), the funding of
a debt service reserve for the Bonds, and the
related costs for property acquisition, engi-
neering and design and other professional
services; and
Whereas, pursuant to notice published as
required by Sections 418.14 and 384.83 of the
Code of lowa, a public meeting and hearing
was held on May 4, 2015, upon the proposal to
institute proceedings for the issuance of the
above described Bonds, and all objections, if
any, to such action made by any resident or
property owner of the City were received and
considered; and, it is the decision of this gov-
erning body that additional action be taken for
the issuance of the Bonds, and that such ac-
tion is considered to be in the best interests of
the City and the residents thereof; and
Whereas, a preliminary form of Official
Statement has been prepared for the purpose
of offering the Bonds for sale to the public; and
Whereas, it is appropriate that the form of
the preliminary Official Statement be approved
and deemed final and, upon completion of the
same, that the preliminary Official Statement
be used in connection with the offering of the
Bonds for sale to the public.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the preliminary Official
Statement in the form presented to this meet-
ing be and the same hereby is approved as to
form and deemed final for purposes of Rule
15c2-12 of the Securities and Exchange
Commission, subject to such revisions, correc-
tions or modifications as the Budget Director,
upon the advice of disclosure counsel and the
City's financial advisor, shall determine to be
appropriate, and is authorized to be distributed
in connection with the offering of the Bonds for
sale.
Passed, approved and adopted this 4th day
of May, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Tax-Exempt General Obligation Bonds:
Proof of publication on notice of public hearing
to consider approval of the suggested pro-
ceedings for the public hearing on the issu-
ance of Tax-Exempt General Obligation Bonds
and the City Manager recommending approv-
al. Motion by Jones to receive and file the
documents and adopt Resolution No. 156-15
Instituting proceedings to take additional action
for the issuance of not to exceed $3,000,000
General Obligation Bonds; and Resolution No.
157-15 Authorizing the issuance of $3,000,000
General Obligation Bonds, and levying a tax
for the payment thereof. Seconded by Con-
nors. City Manager Van Milligen provided an
explanation of the court approvals and timeline
related to the rebate process. Motion carried 7-0.
RESOLUTION NO. 156-15
INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE
OF NOT TO EXCEED $3,000,000 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 issuance of not
to exceed $3,000,000 General Obligation
Bonds, for the essential corporate purposes, in
order to provide funds to pay the costs of set-
tlement of any part or all of the legal indebted-
ness of a city, whether evidenced by bonds,
warrants, or judgments, or the funding or re-
funding of the same, whether or not such in-
debtedness was created for a purpose for
which general obligation bonds might have
been issued in the original instance, and has
considered the extent of objections received
from residents or property owners as to the
proposed issuance of Bonds; and following
action is now considered to be in the best in-
terests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
That this Council does hereby institute pro-
ceedings and take additional action for the
authorization and issuance in the manner re-
quired by law of not to exceed $3,000,000
General Obligation Bonds, for the foregoing
essential corporate purposes.
Passed, approved and adopted this 4th
day of May, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
152 Regular Session, May 4, 2015 Book 145
RESOLUTION NO. 157-15
AUTHORIZING THE ISSUANCE OF
$3,000,000 GENERAL OBLIGATION
BONDS, AND LEVYING A TAX FOR THE
PAYMENT THEREOF
Whereas, the City of Dubuque, State of
Iowa ("Issuer"), is a municipal corporation,
organized and existing under the Constitution
and laws of the State of Iowa, and is not af-
fected by any special legislation; and
Whereas, the Issuer is in need of funds to
pay costs of settlement of any part or all of the
legal indebtedness of a city, whether evi-
denced by bonds, warrants, or judgments, or
the funding or refunding of the same, whether
or not such indebtedness was created for a
purpose for which general obligation bonds
might have been issued in the original instance
(the "Project"), and it is deemed necessary
and advisable that General Obligation Bonds,
in the amount of $3,000,000 be issued; and
Whereas, the City Council has taken such
acts as are necessary to authorize issuance of
the Bonds; and
Whereas, the City Council has taken addi-
tional action to authorize issuance of the
Bonds.
NOW, THEREFORE, IT IS RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. Authorization of the Issuance.
General Obligation Bonds, in the amount of
$3,000,000 shall be issued pursuant to the
provisions of Iowa Code Section 384.25 for the
purposes covered by the hearing.
Section 2. Levy of Annual Tax. For the
purpose of providing funds to pay the principal
and interest as required under Chapter 76.2,
there is levied for each future year the follow-
ing direct annual tax upon all the taxable prop-
erty in the City of Dubuque, State of Iowa, to
wit:
AMOUNT
FISCAL YEAR
(JULY 1 TO JUNE 30) YEAR
OF COLLECTION
$185,089* 2015/2016
$184,197 2016/2017
$204,326 2017/2018
$203,652 2018/2019
$202,871 2019/2020
$202,987 2020/2021
$203,961 2021/2022
$202,762 2022/2023
$202,456 2023/2024
$203,012 2024/2025
$203,391 2025/2026
$202,597 2026/2027
$203,661 2027/2028
$203,517 2028/2029
$203,196 2029/2030
$203,702 2030/2031
$202,996 2031/2032
$204,117 2032/2033
$202,991 2033/2034
$493,591 2034/2035
*$11 will be paid from funds on hand
Principal and interest coming due at any
time when the proceeds of the tax on hand are
insufficient to pay the amount due shall be
promptly paid when due from current funds
available for that purpose and reimbursement
must be made.
Section 3. Amendment of Levy of Annual
Tax. Based upon the terms of the future sale
of the Bonds to be issued, this Council will file
an amendment to this Resolution ("Amended
Resolution") with the County Auditor.
Section 4. Filing. A certified copy of this
Resolution shall be filed with the County Audi-
tor of County of Dubuque, State of Iowa, who
shall, pursuant to Iowa Code Section 76.2,
levy, assess and collect the tax in the same
manner as other taxes and, when collected,
these taxes shall be used only for the purpose
of paying principal and interest on the Bonds.
Passed, approved and adopted this 4th day
of May, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Women of Achievement Award: City
Manager transmitting information on Planning
Services Manager Laura Carstens receiving
the Unsung Champion Award from the Wom-
en’s Leadership Network. Motion by Connors
to receive and file the documents. Seconded
by Resnick. City Manager Van Milligen read a
description of the award into the record. Mo-
tion carried 7-0.
2. White House Climate Action Champion
Designation: City Manager recommending
approval for the Mayor to execute the designa-
tion agreement recognizing Dubuque as one of
sixteen White House Climate Action Champi-
ons. Motion by Braig to receive and file the
documents and approve the designation. Se-
conded by Resnick. Motion carried 7-0.
3. Examining Board Appointment Correc-
tion: City Assessor Rick Engelken requesting a
correction to the appointment of a representa-
tive to the Examining Board to a representative
who is not a member of the Conference Board
or Board of Review in accordance with State
Code. Motion by Jones to receive and file the
documents and appoint City Attorney Barry
Lindahl to the Examining Board. Seconded by
Resnick. Motion carried 70.
Book 145 Special Session, May 18, 2015 153
COUNCIL MEMBER REPORTS
Council Member Resnick acknowledged
the presence of several neighbors who will
present some ideas during Public Input.
Mayor Buol reported on his attendance at
the Watson Resource Center Conference that
dealt with open data and technology for im-
proving lives.
PUBLIC INPUT
Gwen Kosel, 445 S. Grandview Ave.; Jen-
nifer Hermsen, 450 S. Grandview Ave.; and
Joan Frommelt, 100 N. Grandview Ave., dis-
tributed a handout and requested permission
to begin soliciting donations and volunteer
support for the planting of 45 garden plots
along Grandview Avenue that will not be
planted by the City this year due to budget
constraints. The item was referred to the City
Manager for follow up.
CLOSED SESSION
Motion by Jones at 8:00 p.m. to enter into
closed session to discuss pending litigation
and property acquisition pursuant to Chapter
21.5(1)(c), -(j) Code of Iowa. Seconded by
Connors. Motion carried 7-0.
Upon motion the City Council reconvened
in open session at 9:00 p.m. stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 9:01 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:15 p.m. on May 18, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro Tem Sutton; Council
Members, Braig Connors, Jones, Lynch, Res-
nick; City Manager Van Milligen, City Attorney
Lindahl (5:17 p.m.)
Absent: Mayor Buol
Mayor Pro Tem Sutton read the call and
stated this is a special session of the City
Council called for the purpose of conducting a
work session on Parks to People.
WORK SESSION
Parks to People Pilot Program
Assistant City Manager Teri Goodman in-
troduced staff and partnering representatives:
Planning Services Manager Laura Carstens,
Leisure Services Manager Marie Ware, Chan-
dra Ravada (ECIA), Wayne Buchholtz (Mines
of Spain), Dave Heiar and Nick Hockenberry
(Jackson County Regional Economic Devel-
opment), Allison Simpson (Climb On Pro-
gram), and Brian Preston (Dubuque Co. Con-
servation Board). A slide presentation was
given regarding the Dubuque, Jones, and
Jackson County pilot initiative for the Parks to
People grant. Topics included:
• Established by the Iowa Parks Foun-
dation
• Pilot program competition
• Grant Wood Mississippi River Region
vision, application, and grant award
• Seventy-member steering committee
• Planning Process: tourism, quality of
life, economic development
• Connectivity; cultural vitality; healthy
people; healthy places
• Lasting legacy
• Final Plan: short term/long term, pro-
jects and scenic byway groups
• City of Dubuque involvement
• Mississippi River Circuit: travel, con-
nect, drive, bike, boat
• In the Works: Hwy 52 Trail
There being no further business, upon motion
the City Council adjourned at 5:51 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
154 Regular Session, May 18, 2015 Book 145
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on May 18, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol (by phone); Mayor
Pro Tem Sutton; Council Members Braig,
Connors, Jones, Lynch, Resnick; City Manag-
er Van Milligen, City Attorney Lindahl
Mayor Pro Tem Sutton 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.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
Public Works Week (May 17-23, 2015) was
accepted by Civil Engineer Jon Dienst, Public
Works Director Don Vogt, and Street Mainte-
nance Supervisor John Klostermann.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7-0.
1. Minutes and Reports Submitted: Civil
Service Commission of 4-1; Library Board of 4-
1; Human Right Commission 4-13; Library
Board of Trustees Report of 4-23; Parks and
Recreation Commission of 4-14; Zoning Advi-
sory Commission of 5-6; Zoning Board of Ad-
justments of 4- 23; Proof of Publication for City
Council Proceedings of 4-20. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Claim by
Eugene Cliff for property damage; Claim by
Dale Larson for property damage; Claim by
Mary Leick for property damage; Claim by
Sheri Leytem for property damage and loss of
revenue; Claim by Jennifer Meyer for property
damage; Claim by Rodney Miller for property
damage; Claim by Stanley Schwartz for prop-
erty damage. Upon motion the documents
were received, filed and referred to the City
Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Eugene Cliff for property damage; Dale
Larson for property damage; Mary Leick for
property damage; Sheri Leytem for property
damage and loss of revenue; Jennifer Meyer
for property damage; Rodney Miller for proper-
ty damage; Stanley Schwartz for property
damage. Upon motion the documents were
received, filed and concurred.
4. Mediacom Communications Company:
Correspondence from Mediacom Communica-
tions Company advising the City of program-
ming changes effective on or about June 1,
2015. Upon motion the document was re-
ceived and filed.
5. Iowa National Guard Usage Agreement:
City Manager recommending approval of a
Usage Agreement with the Iowa National
Guard allowing the Guard to do training at
Roosevelt Park. Upon motion the documents
were received, filed and approved.
6. Quarterly Investment Report: City Man-
ager transmitting the March 31, 2015 Quarterly
Investment Report. Upon motion the docu-
ments were received and filed.
7. Workers Compensation Excess Insur-
ance Renewal Fiscal Year 2016: City Manager
recommending approval of the renewal rate
submitted by current carrier, Safety National,
for Fiscal Year 2016 Workers Compensation
Excess Insurance. Upon motion the docu-
ments were received, filed and approved.
8. Workers' Compensation Settlement - Je-
rome Ben: City Attorney recommending ap-
proval of an Agreement of Settlement regard-
ing a workers' compensation claim that was
filed against the City of Dubuque by Jerome
Ben. Upon motion the documents were re-
ceived, filed and approved.
9. Improvement Contracts / Performance,
Payment and Maintenance Bond: McDermott
Excavating for the SRF Green Alley Project
Bid Set 7 - Year 1. Upon motion the docu-
ments were received, filed and approved.
10. The Jule - Iowa Department of Trans-
portation (IDOT) Fiscal Year 16 Consolidated
Funding Application: City Manager recom-
mending approval of the submittal of the Con-
solidated Funding Application to the Iowa De-
partment of Transportation for The Jule’s Fis-
cal Year 2016 annual operating and mainte-
nance allocations, the Lobbying Cost Certifi-
cate, Certificate of Cost Allocation Plan and
Authorizing Resolution. Upon motion the doc-
uments were received and filed and Resolution
No. 157-15A Public Transit Infrastructure Au-
Book 145 Regular Session, May 18, 2015 155
thorizing Resolution Approval of Grant Applica-
tion to Iowa DOT for Consolidated Funding
was adopted.
RESOLUTION NO. 157-15A
PUBLIC TRANSIT INFRASTRUCTURE AU-
THORIZING RESOLUTION
APPROVAL OF GRANT APPLICATION TO
IOWA DOT FOR CONSOLIDATED FUNDING
Whereas, the City of Dubuque provides
fixed-route and paratransit services for the
citizens of Dubuque; and
Whereas, the Iowa Department of Trans-
portation (IDOT) is a pass through funding
entity for federal capital and operating funds;
and
Whereas, the City has historically applied
through the IDOT for these funds; and
Whereas, the City Council finds that the
applying for the funds to be beneficial to the
continued provision of transit service for the
citizens of Dubuque.
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 endorses the attached
application to the Iowa Department of Trans-
portation, which includes a City match.
Section 2. The Iowa Department of Trans-
portation application will include requests and
mandatory certifications by the City of Dubu-
que as follows:
From the State Transit Assistance
Program - 2.005114% of formula
funds - Total: $279,749
From federal funds for transit in non-
urbanized areas and/or for transit
serving primarily elderly persons and
persons with disabilities - $45,876
From statewide federal capital assis-
tance for transit - $0
From statewide capital assistance
(PTIG) for transit - $600,000
From statewide federal-pass through
discretionary assistance (ICAAP) for
transit - $0
We understand acceptance of federal
transit assistance involves an agreement to
comply with certain labor protection provisions.
We certify that the City of Dubuque/The
Jule has sufficient non-federal funds to provide
required local match for capital projects and at
time of delivery will have the funds to operate
and maintain vehicles and equipment pur-
chased under this contract.
We request that State Transit Assistance
formula funding be advanced as allowed by
law, to improve system cash flow.
Section 3. That Candace Eudaley, Director
of Transit Operations, is authorized to on be-
half of the City Council, to apply for financial
assistance and to enter into related contract(s)
with the Iowa Department of Transportation.
Passed, adopted and approved this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro tem
Attest: Kevin S. Firnstahl, City Clerk
11. Iowa Department of Transportation
(IDOT) Funding Agreement: execute a Fund-
ing Agreement with the Iowa Department of
Transportation for a Traffic Safety Improve-
ment Grant to assist with the construction of a
proposed Roundabout at the intersection of
Grandview Avenue and Delhi Street. Upon
motion the documents were received and filed
and Resolution No. 158-15 Approving a Fund-
ing Agreement (2016-Ts-008) With the Iowa
Department of Transportation for a Traffic
Safety Improvement Grant to Assist With the
Construction of a Proposed Roundabout at the
Intersection of Grandview Avenue and Delhi
Street was adopted.
RESOLUTION NO. 158-15
APPROVING A FUNDING AGREEMENT
(2016-TS-008) WITH THE IOWA DEPART-
MENT OF TRANSPORTATION FOR A
TRAFFIC SAFETY IMPROVEMENT GRANT
TO ASSIST WITH THE CONSTRUCTION OF
A PROPOSED ROUNDABOUT AT THE IN-
TERSECTION OF GRANDVIEW AVENUE
AND DELHI STREET
Whereas, currently the Grandview Avenue
and Delhi Street intersection is a five way stop
condition and has operational delays and inef-
ficiencies during peak traffic periods; and
Whereas, the City of Dubuque has deter-
mined that improvements to this intersection,
as recommended by the Iowa Department of
Transportation are in the best interest of the
public due to safety and/or operational con-
cerns, construction of a roundabout will im-
prove the level of service of the Grandview
Avenue and Delhi Street intersection; and
Whereas, the total cost for these improve-
ments is estimated at $700,000.00. The Traffic
Safety Improvement Grant will fund
$500,000.00 of this project, and the remaining
cost, $200,000 would be funding by City.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. That said Traffic Safety Im-
provement Grant funding will be used within
the City of Dubuque to assist with the con-
struction of a proposed Roundabout at the
intersection of Grandview Avenue and Delhi
Street is hereby approved.
Section 2. That the Mayor be authorized
and directed to execute two copies of said
Funding Agreement for the Traffic Safety Im-
provement Grant funding will be used within
the City of Dubuque to assist with the con-
156 Regular Session, May 18, 2015 Book 145
struction of a proposed Roundabout at the
intersection of Grandview Avenue and Delhi
Street.
Passed, approved and adopted this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
12. Dubuque Metropolitan Area Transpor-
tation Study (DMATS) Grant Application: City
Manager recommending authorizing the City of
Dubuque to officially submit an application for
a Dubuque Metropolitan Area Transportation
Study Grant to assist with funding the prelimi-
nary engineering phase for University Avenue
“Overlap Section” between Pennsylvania and
Loras Boulevard as part of the East-West Cor-
ridor Improvements, which includes three
roundabouts. Upon motion the documents
were received and filed and Resolution No.
159-15 Authorizing the Filing of a Transporta-
tion Improvement Program Grant Application
with the Dubuque Metropolitan Area Transpor-
tation Study (DMATS) for Funding the Prelimi-
nary Engineering Phase for the University Av-
enue Overlap Section of the East-West Corri-
dor Study was adopted.
RESOLUTION NO. 159-15
AUTHORIZING THE FILING OF A TRANS-
PORTATION IMPROVEMENT PROGRAM
GRANT APPLICATION WITH THE DUBU-
QUE METROPOLITAN AREA TRANSPOR-
TATION STUDY (DMATS) FOR FUNDING
THE PRELIMINARY ENGINEERING PHASE
FOR THE UNIVERSITY AVENUE OVERLAP
SECTION OF THE EAST-WEST CORRIDOR
STUDY
Whereas, the increasing growth of traffic
volumes, along with operational and safety
concerns, in the University Avenue Overlap
Section from Pennsylvania Avenue to Loras
Boulevard in the City of Dubuque could be
improved by street and intersection improve-
ments; and
Whereas, the City has determined that im-
provements to this corridor, as recommended
by the adopted East-West Corridor Study, will
improve traffic flow; and
Whereas, the City is requesting DMATS
STP funding in the amount of $800,000 to as-
sist with the initial preliminary engineering
phase; and
Whereas, the City has sufficient funds
available to cover the local (20%) match in the
amount of $200,000.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City hereby supports and
authorizes the grant application submittal for
funding through the DMATS Transportation
Improvement Program to assist with funding
the initial preliminary engineering phase for the
University Avenue Overlap Section identified in
the East-West Corridor Study.
Passed, approved and adopted this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro tem
Attest: Kevin S. Firnstahl, City Clerk
13. Closeout of Iowa Economic Develop-
ment Authority (IEDA) Phase 2 Grant for Cat-
fish Creek Watershed Management Plan: City
Manager transmitting documentation for
closeout of the Phase 2 Watershed Planning
Grant from the Iowa Economic Development
Authority to produce the Catfish Creek Water-
shed Management Plan. Upon motion the
documents were received and filed.
14. Plat of Survey - Mihalakis Place No. 2:
Zoning Advisory Commission recommending
approval of the request subject to allowing 16
feet of Lot frontage for Lot 2. Upon motion the
documents were received and filed and Reso-
lution No. 160-15 Approving the Plat of Survey
of Lots 1 & 2 of Mihalakis Place No. 2 in City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 160-15
APPROVING THE PLAT OF SURVEY OF
LOTS 1 & 2 OF MIHALAKIS PLACE NO. 2 IN
CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a Plat of Survey of Lots 1 & 2 of Mihala-
kis Place No. 2 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 ex-
amined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been ex-
amined by the City Council and they find that it
conforms to the statutes and ordinances relat-
ing 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, Uni-
fied Development Code, is waived to allow 16
feet of frontage on a public street or an ap-
proved private street for Lot 2.
Section 2. That the Plat of Survey of Lots 1
& 2 of Mihalakis Place No. 2 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 Plat of Survey.
Book 145 Regular Session, May 18, 2015 157
Passed, approved and adopted this 18th
day of May 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
15. Plat of Survey - City Property at Curtis
Street and Bryant Street: City Manager rec-
ommending approval of the Plat of Survey of
Lot 1 and Lot 2 of Bonson and Stewart Place
in the City of Dubuque. Upon motion the doc-
uments were received and filed and Resolution
No. 161-15 Approving Plat of Survey of Lot 1
and 2 of Bonson and Stewart Place in the City
of Dubuque, Dubuque County, Iowa, was
adopted.
RESOLUTION NO. 161-15
APPROVING PLAT OF SURVEY OF LOT 1
AND 2 OF BONSON AND STEWART PLACE
IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa a
plat dated the 29th day of April, 2015, prepared
by The City of Dubuque, re-platting Lots E, F,
G and H of Bonson and Stewart’s Subdivision,
to be hereinafter known as Lot 1 and 2 of Bon-
son and Stewart Place 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 29th day
of April, 2015, prepared by The City of Dubu-
que relative to the real estate hereinabove
described be and the same is hereby ap-
proved, 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 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
16. Storm Sewer Easement Acceptance -
328 Monroe Street: City Manager recommend-
ing acceptance of a permanent easement for
storm sewer across a portion of residential
property at 328 Monroe Street. Upon motion
the documents were received and filed and
Resolution No. 162-15 Accepting a Grant of
Permanent Easement for Storm Sewer
Through, Over and Across Part of Lot 43 In
Rebman’s Subdivision, in the City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 162-15
ACCEPTING A GRANT OF PERMANENT
EASEMENT FOR STORM SEWER
THROUGH, OVER AND ACROSS PART OF
LOT 43 IN REBMAN’S SUBDIVISION, IN
THE CITY OF DUBUQUE, IOWA
Whereas, Richard R. and Gina M. Miller
have executed a Permanent Easement for
Storm Sewer through, over and across Part of
Lot 43 in Rebman’s Subdivision, in the City of
Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Permanent
Easement for Storm Sewer through, over and
across Part of Lot 43 in Rebman’s Subdivision,
in the City of Dubuque, Dubuque County, Iowa
from Richard R. and Gina M. Miller, a copy of
which is attached hereto.
Section 2. The Mayor is hereby author-
ized and directed to execute and acknowledge
on behalf of the City of Dubuque any instru-
ments in connection herewith.
Passed, approved and adopted this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
17. Utility Easement - Southwest Arterial
Project from O'Rourke Farms LLC: City Man-
ager recommending approval and acceptance
of permanent and temporary easements from
O’Rourke Farms LLC (Parcel 195) for the
Southwest Arterial Project. Upon motion the
documents were received and filed and Reso-
lution No. 163-15 Accepting Grant of Ease-
ments Upon Real Estate Owned by O’Rourke
Farms, LLC in Dubuque County, Iowa, was
adopted.
RESOLUTION NO. 163-15
ACCEPTING GRANT OF EASEMENTS UP-
ON REAL ESTATE OWNED BY O’ROURKE
FARMS, L.L.C. IN DUBUQUE COUNTY, IO-
WA
Whereas, the City of Dubuque, Iowa has
entered into an Agreement to purchase certain
Easements for the Southwest Arterial Project
from O’Rourke Farms, L.L.C.; and
Whereas, the terms of the Agreement have
been fulfilled.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts
the Grant of Easements for the Southwest
Arterial Project from O’Rourke Farms, L.L.C.
attached hereto.
Section 2. The City Manager is hereby au-
thorized and directed to execute and
158 Regular Session, May 18, 2015 Book 145
acknowledge on behalf of the City of Dubuque
any instruments in connection therewith.
Passed, approved and adopted this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
18. Property Acquisition - Parcel 195 from
O'Rourke Farm, LLC (SW Arterial Project):
City Manager recommending approval and
acceptance of the Warranty Deed to certain
real estate from O'Rourke Farm, LLC (Parcel
195) for the Southwest Arterial Project. Upon
motion the documents were received and filed
and Resolution No. 164-15 Accepting the
Deed to Certain Real Estate in Dubuque
County, Iowa From O’Rourke Farms, LLC was
adopted.
RESOLUTION NO. 164-15
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE IN DUBUQUE COUNTY, IOWA
FROM O’ROURKE FARMS, L.L.C
Whereas, the City of Dubuque, Iowa has
entered into a Purchase Agreement on May
14, 2015, with O’Rourke Farms, L.L.C. for the
Southwest Arterial Project for the purchase of
certain real property in Dubuque County, Iowa,
which lies within the following described prop-
erty:
LOT 1 SW ¼ NW ¼; LOT 3 SW ¼ NW
¼; LOT 1 NW ¼ SW ¼; SE ¼ NW 1/4;
AND LOT 1 E ½ SW ¼ ALL IN SECTION
13, TOWNSHIP 88 NORTH, RANGE 2
EAST OF THE 5TH P.M., in the County
of Dubuque, State of Iowa And is more
particularly shown on the attached exhib-
its as follows: Project Parcel No. 195A-1
Fee Title Project Parcel No. 195A-2 Fee
Title; and
Whereas, the terms of the Agreement have
been fulfilled.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts
the Deed from O’Rourke Farms, L.L.C., at-
tached hereto.
Section 2. The City Clerk is hereby author-
ized and directed to record this Resolution and
the Deed with the Dubuque County Recorder.
Passed, approved and adopted this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
19. Business License Refund: Request by
Dubuque Racing Association, LTD. for a re-
fund of the Alcohol Licenses No. LC0026960
for Mystique Casino located at 1855 Grey-
hound Park Dr. Upon motion the documents
were received, filed and approved.
20. Business License Refund: Request by
Road Ranger of Illinois, LLC for a refund of the
Alcohol License No. BC0029102 for Road
Ranger located at 2175 Central Ave. Upon
motion the documents were received, filed and
approved.
21. Tobacco Compliance - Civil Penalty for
Tobacco License Holder - Spencer Gifts: City
Manager recommending approval of the
Acknowledgement/Settlement Agreement for a
tobacco compliance violation for Spencer
Gifts, 555 John F. Kennedy, Unit 25. Upon
motion the documents were received, filed and
approved.
22. Alcohol Compliance - Civil Penalty for
Alcohol License Holder - Red Robin: City
Manager recommending approval of the Ac-
knowledgment/Settlement Agreement for the
alcohol compliance violation for Red Robin,
2775 NW Arterial. Upon motion the documents
were received, filed and approved.
23. Alcohol License Renewals: City Man-
ager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon
motion the documents were received and filed
and Resolution No. 165-15 Approving applica-
tions for beer, liquor, and/or wine permits, as
required by City of Dubuque Code of Ordi-
nances Title 4 Business and License Regula-
tions, Chapter 2 Liquor Control, Article B Liq-
uor, Beer and Wine Licenses and Permits was
adopted.
RESOLUTION NO. 165-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Book 145 Regular Session, May 18, 2015 159
Renewals
Beecher Beverage, 1691 Asbury Rd., Class E
Liquor, Class B Wine, Class C Beer (Sun-
day)
Days Inn & Spirits Bar & Grill, 1111 Dodge St.,
Class B Liquor (Outdoor) (Sunday)
Dubuque Golf & Country Club, 1800 Randall
Pl., Class A Liquor (Outdoor) (Sunday)
Hartig Drug Co., 2255 JFK Rd., Class E Liq-
uor, Class B Wine, Class C Beer (Sunday)
Hy-Vee Wine & Spirits "A", 3500 Dodge, Class
E Liquor, Class B Wine, Class C Beer
(Sunday)
Kalmes Breaktime Bar and Grill, 1097 Jackson
St., Class C Liquor (Sunday)
Ooh La La, 3460 Hillcrest Rd., Class B Wine
W.E. Wholesale Outlet, 2040 Kerper Blvd.,
Class E Liquor, Class B Native Wine
Special Events
America's River Corporation, 501 Bell St.,
Class B Beer (Outdoor)
Dubuque Jaycees All That Jazz 6/19, 7/17,
8/21, 9/4, Town Clock Plaza, Class B Beer
(Outdoor)
Irish Hooley Music Festival, Alliant Amphithea-
ter, Class C liquor (Outdoor)
Passed, approved and adopted this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
1. Sale of Property at 1598 Washington
Street: City Manager recommending that a
public hearing be set for June 1, 2015, for the
purpose of disposing of City-owned real estate
at 1598 Washington Street to the Community
Housing Initiatives, Inc. Upon motion the doc-
uments were received and filed and Resolution
No. 166-15 Intent to Dispose of an Interest in
City Owned Real Property by Deed to Com-
munity Housing Initiatives and Setting for Pub-
lic Hearing was adopted setting a public hear-
ing for a meeting to commence at 6:30 p.m. on
June 1, 2015 in the Historic Federal Building.
RESOLUTION NO. 166-15
INTENT TO DISPOSE OF AN INTEREST IN
CITY OWNED REAL PROPERTY BY DEED
TO COMMUNITY HOUSING INITIATIVES
AND SETTING FOR PUBLIC HEARING
Whereas, the City of Dubuque, Iowa (City)
is the owner of 1598 Washington Street (the
Property) legally described as:
Lot 2 of Lot 1 of Lot 112 in East
Dubuque, an Addition in the City of
Dubuque, Iowa according to recorded
plat thereof subject to right to use gas
mains in Lot 1 of Lot 112, as granted
in Warranty Deed, Book 112TL, page
283, records of Dubuque County, Io-
wa; and
Whereas, City acquired the Property for
the purpose of its restoration and re-sale for
owner-occupied housing in the Washington
Neighborhood; and
Whereas, City and Community Housing Ini-
tiatives (CHI) entered into an Agreement pur-
suant to which City will convey the Property to
CHI and CHI will rehabilitate the Property con-
sistent with the Washington Neighborhood
Revitalization Strategy as approved by the City
Council; and
Whereas, conveying the Property to CHI is
consistent with both the Washington Neigh-
borhood Revitalization Strategy and the City’s
intent for this specific property; and
Whereas, City inadvertently conveyed the
property to CHI without holding the necessary
public hearing; and
Whereas, City desires to hold the required
public hearing and ratify the conveyance of the
Property to CHI.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall con-
duct a public hearing on the proposed disposi-
tion of real estate in the City Council Cham-
bers at the Historic Federal Building, 350 W.
6th Street, Dubuque, Iowa on the 1st day of
June, 2015 beginning at 6:30 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish no-
tice of the public hearing in the form attached
hereto, according to law.
Passed, approved and adopted this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Sale of Property at 1513 Washington
Street: City Manager recommending the City
Council set a public hearing for June 1, 2015,
for the purpose of disposing of City- owned
real property located at 1513 Washington
Street to Community Housing Initiatives, Inc.
Upon motion the documents were received
and filed and Resolution No. 167-15 Intent to
Dispose of an Interest in City Of Dubuque Real
Estate, Setting a Time and Place for Hearing
and Providing for the Publication of Notice
Thereof was adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on
June 1, 2015 in the Historic Federal Building.
160 Regular Session, May 18, 2015 Book 145
RESOLUTION NO. 167-15
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE, SET-
TING A TIME AND PLACE FOR HEARING
AND PROVIDING FOR THE PUBLICATION
OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City)
is the owner of 1513 Washington Street (the
Property) legally described as:
The North half (1/2) of Lot 77 in East
Dubuque, an Addition to the City of
Dubuque, Iowa according to the re-
coded plat thereof, as granted by
Deed, Record K, page 619 records of
Dubuque County, Iowa; and
Whereas, City acquired the Property for
the purpose of its restoration and re-sale for
owner-occupied housing in the Washington
Neighborhood; and
Whereas, City and Community Housing Ini-
tiatives (CHI) entered into an Agreement pur-
suant to which City will convey the Property to
CHI and CHI will rehabilitate the Property con-
sistent with the Washington Neighborhood
Revitalization Strategy as approved by the City
Council; and
Whereas, conveying the Property to CHI is
consistent with both the Washington Neigh-
borhood Revitalization Strategy and the City’s
intent for this specific property; and
Whereas, City desires to hold the required
public hearing and conveyance of the Property
to CHI.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall con-
duct a public hearing on the proposed disposi-
tion of real estate in the City Council Cham-
bers at the Historic Federal Building, 350 W.
6th Street, Dubuque, Iowa on the 1st day of
June, 2015 beginning at 6:30 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish no-
tice of the public hearing in the form attached
hereto, according to law.
Passed, approved and adopted this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
3. Sale of Property at 1421 Elm Street: City
Manager recommending City Council set a
public hearing for June 1, 2015, for the pur-
pose of disposing of City- owned real estate
located at 1421 Elm Street to Jacob G. Rob-
ertson. Upon motion the documents were re-
ceived and filed and Resolution No. 168-15
Intent to Dispose of an Interest in City of
Dubuque Real Estate, Setting a Time and
Place for Hearing and Providing for the Publi-
cation of Notice Thereof was adopted setting a
public hearing for a meeting to commence at
6:30 p.m. on June 1, 2015 in the Historic Fed-
eral Building.
RESOLUTION NO. 168-15
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE, SET-
TING A TIME AND PLACE FOR HEARING
AND PROVIDING FOR THE PUBLICATION
OF NOTICE THEREOF
Whereas, the City of Dubuque has ob-
tained certain real property in connection with
the Washington Neighborhood Incentives Pro-
gram; and
Whereas, such rehabilitation is complete
and the certain real property is ready for re-
sale; and
Whereas, the City of Dubuque has re-
ceived an offer to purchase this certain real
property from Jacob G. Robertson; and
Whereas, by accepting this offer to pur-
chase, the City of Dubuque’s objectives of
increased homeownership by income qualified
individuals and rehabilitation of vacant homes
are further realized.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
intends to dispose of its interest in the follow-
ing legally described property:
LOT 1 OF ANGIE’S PLACE, IN THE
CITY OF DUBUQUE, IOWA AC-
CORDING TO THE RECORDED
PLAT THEREOF – 1421 ELM
STREET (the Property).
Section 2. That the City of Dubuque, Iowa
proposes to dispose of its interest in the Prop-
erty to Jacob G. Robertson for the sum of
$60,000.00.
Section 3. That the City Clerk is hereby au-
thorized and directed to cause this Resolution
and a notice to be published as prescribed by
Iowa Code Section 364.7 of a public hearing
on the City’s intent to dispose of the Property
to be held on the 1st day of June, 2015, at
6:30 o’clock p.m. at the Historical Federal
building, 350 West 6th Street, Dubuque, Iowa.
Passed, approved, and adopted this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
4. Transit Fixed-Route Service Changes:
City Manager recommending the City Council
schedule a public hearing for June 15, 2015,
on the recommended route changes in coordi-
nation with the opening of the Intermodal Cen-
ter in August 2015 and the transition from the
6th and Iowa Street Transfer to the Intermodal
as the downtown hub. Upon motion the docu-
ments were received and filed and Resolution
No. 169-15 Setting the Date for a Public Hear-
Book 145 Regular Session, May 18, 2015 161
ing on Transit Fixed-Route Service Changes
Associated with the Opening of the Dubuque
Intermodal Transportation Center was adopted
setting a public hearing for a meeting to com-
mence at 6:30 p.m. on June 15, 2015 in the
Historic Federal Building.
RESOLUTION NO. 169-15
SETTING THE DATE FOR A PUBLIC HEAR-
ING ON TRANSIT FIXED-ROUTE SERVICE
CHANGES ASSOCIATED WITH THE OPEN-
ING OF THE DUBUQUE INTERMODAL
TRANSPORTATION CENTER
Whereas, the City of Dubuque provides
fixed-route and paratransit services for the
citizens of Dubuque; and
Whereas, the location of the downtown
fixed-route transfer location will be moved from
6th & Iowa St to the Dubuque Intermodal
Transportation Center at 9th & Elm St; and
Whereas, the bus stop locations will be
moved to align with the new transfer location;
and
Whereas, the transfer location change is
an optimal time to make other route adjust-
ments based on ridership patterns; and
Whereas, the proposed route changes will
impact all daytime fixed-route transit riders;
and
Whereas, the following changes to fixed-
route service are proposed:
1. The downtown transfer location will be
moved from 6th & Iowa Streets to 9th &
Elm Streets.
2. Downtown bus stops will be moved to
align with the new transfer location at 9th
& Elm Streets.
3. Service to Key West will be reduced to
every other hour.
4. Service to Fremont will be reduced to
every other hour.
5. Service to the Port of Dubuque will op-
erate only during business shuttle hours
and the Summer Trolley season.
6. Service along Loras Blvd will be re-
duced to once per hour.
If approved, the proposed fixed-route
changes will take effect on or after August 1,
2015, pending the opening and full operation
of the Intermodal Transportation Center.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1: A public hearing will be held as
part of the City Council Meeting on June 15,
2015. The meeting will begin at 6:30 p.m. and
will be held in the City Council Chambers of
the Historic Federal Building, 350 W 6th Street,
Dubuque, Iowa. The purpose of the hearing is
to allow public comment on the route changes
associated with the opening of the Dubuque
Intermodal Transportation Center.
Section 2: Interested persons may com-
ment on the proposed fare increase either in
writing by filing with the City Clerk prior to the
time of the public hearing or in person at the
public hearing. Any comments submitted will
be considered by the City Council and follow-
ing the public hearing, the City Council will act
to adopt or reject the proposed fare increase.
Passed, approved and adopted this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointments to the following
board/commissions were made at this meet-
ing.
Electrical Code Board: Two, 3 Year terms
through May 21, 2018 (Vacant term of Schmidt
and expiring term of Uhlrich) – Electrical back-
ground qualification required. One, 3 Year
term through May 21, 2017 (Vacant term
Hammel) – Journeyman /Maintenance qualifi-
cation required. Applicants: Zach Dowell, 2055
Winne Ct. (Qualifies for both); Dave Nebel Jr.,
2064 Woodrow Dr. (Qualifies for both); Kevin
Pfohl, 1878 Hummingbird Dr. (Qualifies for
both); Paul Uhlrich, 4890 Olympic Heights Rd.
(Qualifies for both). Upon roll call vote, (Sutton,
Buol, Resnick, Connors, Lynch, Jones voting
for Nebel; and Sutton, Braig, Buol, Connors,
Lynch and Jones voting for Uhlrich) Dave Ne-
bel and Paul Uhlrich were appointed to 3-year
terms through May 21, 2018. Upon roll call
vote of 7-0, Kevin Pfohl was appointed to a 3-
year term through May 21, 2018. Council
Member Jones spoke to the importance of
applicants introducing themselves to the City
Council and addressing their interest in the
appointment.
PUBLIC HEARINGS
2. Request to Rezone - Lots 4 & 5 Bies No.
2: Proof of Publication on notice of public hear-
ing to consider a request by Jeffrey and Nicole
Imbus to rezone property from C-3 General
Commercial District with conditions to PUD
Planned Unit Development to allow for Con-
struction of an assisted living residential de-
velopment and Zoning Advisory Commission
recommending approval. Communication from
the applicant requesting that this item be ta-
bled. Motion by Connors to table to a future
meeting. Seconded by Lynch. Motion carried
7-0.
Upon motion the rules were suspended to
allow anyone present to address the City
Council on the following items:
162 Regular Session, May 18, 2015 Book 145
1. Unified Development Code Text
Amendment Article 5-21.3 Agricultural District
and 8-5.10 Zoning Board of Adjustment: Proof
of publication on notice of public hearing to
consider a request by the City of Dubuque to
amend the City of Dubuque Code of Ordi-
nances, Unified Development Code, by
amending Article 5-21.3 Agricultural District
and 8-5.10 Zoning Board of Adjustment Appli-
cations and Procedures to allow quarries as a
conditional use in the AG Agricultural District
and the Zoning Advisory Commission recom-
mending approval. Motion by Jones to receive
and file the documents and that the require-
ment that a proposed ordinance be considered
and voted on for passage at two Council meet-
ings prior to the meeting at which it is to be
passed be suspended. Seconded by Braig.
Planning Services Manager Laura Carstens
provided a staff report. Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 35-15 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by
Amending Article 5-21.3 Agricultural District
and 8-5.10 Zoning Board of Adjustment Appli-
cations and Procedures to allow quarries as a
conditional use in the AG Agricultural District.
Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 35-15
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY AMEND-
ING ARTICLE 5-21.3 AGRICULTURAL DIS-
TRICT AND 8-5.10 ZONING BOARD OF AD-
JUSTMENT APPLICATIONS AND PROCE-
DURES TO ALLOW QUARRIES AS A CON-
DITIONAL USE IN THE AG AGRICULTURAL
DISTRICT
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code Article 5-21.3 is hereby amend-
ed as follows:
5-21.3: Conditional Uses: The following
may be permitted in AG District subject to the
provisions of Section 8-5 of this Title:
Kennel
Retail sale of agricultural products
Wind energy conversion systems
Quarry
Section 2. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code Article 8-5.10 is hereby amend-
ed as follows:
8-5.10 List of Conditional Uses:
Quarry may be allowed in the AG Agricul-
tural District in accordance with the following
conditions:
Submittal Requirements:
1. Name and address of the per-
son/company requesting the conditional
use permit.
2. The legal property description and acre-
age of the area to be quarried.
3. Submittal of an existing conditions map
to include existing vegetation, existing
drainage and permanent water areas, ex-
isting structures and existing wells.
4. A layout plan depicting the proposed
operations to include structures to be
erected, location of sites to be excavated
showing depth of the proposed excavation,
location of vehicle access to the public
street system, vehicle parking, and location
of storage of explosives.
5. A soil erosion and sediment control plan.
6. A plan for dust and noise control.
7. Any other information requested by the
Zoning Board of Adjustment or City staff.
The following requirements will apply to a
new or expanded quarry:
1. Setbacks:
a. Mining and quarry operations, ex-
cavation of the quarry face, pro-
cessing of materials, and material
storage and equipment storage shall
not be conducted closer than 100 feet
to the property line or closer than 300
feet to any residential district.
b. Mining or quarry operations, and
excavation of the quarry face, shall
not be conducted closer than 100 feet
to the right-of-way line of an existing
or platted street, road or highway, ex-
cept that excavating may be conduct-
ed within such limits in order to re-
duce the elevation thereof in conform-
ing to the existing or platted streets,
roadway or highway.
2. Storage: All materials storage and
equipment storage and/or use shall be a
minimum of 100 feet from any public road
right-of-way.
3. Parking: The minimum required off-
street parking will be one space for each
employee plus one space for each vehicle
used on site.
4. Access gates: All access points shall be
gated and signed with appropriate warning
messages.
5. Paving Requirements: All access drives
and vehicle parking and circulation areas
connecting the quarry operation with public
streets must be paved in a manner ac-
ceptable to the City Engineer and City
Planner. This requirement is necessary to
prevent quarry material from being depos-
ited on public streets.
6. Water Resources:
a. The quarry operation shall not be
allowed to interfere with surface water
Book 145 Regular Session, May 18, 2015 163
drainage beyond the boundaries of
the operation.
b. Surface water originating outside
and passing through the quarry shall,
as point of departure from the site, be
of equal quality of the water where it
enters the site.
7. Site Plan Approval: A site plan shall be
submitted for review and approval as pro-
vided in Article 12 of the Unified Develop-
ment Code with the following conditions:
a. After receiving approval for a Con-
ditional Use Permit,
b. Prior to the issuance of any build-
ing permit,
c. Prior to commencement of any
construction, grading or other land
development activity.
8. State Code Compliance: Applicants de-
siring to operate a quarry must meet all re-
quirements from Chapters 208 and 101A of
the Code of Iowa as well as all other perti-
nent rules, regulations, or administrative
policies as administered by the Office of
State Fire Marshal or other state or federal
agencies.
9. Land Rehabilitation: Rehabilitation shall
be completed within the standards pre-
scribed by the Iowa Department of Natural
Resources in compliance with provisions
set forth in the Code of Iowa.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 4. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 18th
day of May, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 22nd day of May, 2015.
Attest: /s/Kevin S. Firnstahl, City Clerk
3. SRF Green Alley Project Bid Set 1 Year
3: Proof of Publication on notice of public hear-
ing to consider approval of plans, specifica-
tions, form of contract, and estimated cost and
adoption of the Resolution of Necessity and
the Preliminary Schedule of Assessments for
the SRF Green Alley Bid Set 1 – Year 3 Pro-
ject and the City Manager recommending ap-
proval. Motion by Jones to receive and file the
documents and adopt Resolution No. 170-15
Approval of Plans, Specifications, Form of
Contract, and Estimated Cost for the SRF
Green Alley Bid Set 1 – Year 3 Project; Reso-
lution No. 171-15 Resolution With Respect to
the Adoption of the Resolution of Necessity
Proposed for the SRF Green Alley Bid Set 1 –
Year 3 Project; and Resolution No. 172-15
Approving Schedule of Assessments and Es-
timate of Total Cost for the SRF Green Alley
Bid Set 1 – Year 3 Project. Seconded by Con-
nors. Dennis Trieweiller, 2010 White Street;
and William Freiburger, 1660 White Street,
speaking on behalf of his father, spoke of their
concerns about the project’s start date, as-
sessments and replacement of underground
lateral lines. Civil Engineer Jon Dienst re-
sponded to questions stating that the start date
and start location can be negotiated once the
contractor is determined and that engineers
will evaluate the age and condition of current
lateral lines once they are exposed. Mr. Dienst
also stated that financial assistance is availa-
ble for assessed properties and that park-
ing/street access will be monitored during the
construction. Motion carried 7-0.
RESOLUTION NO. 170-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE SRF GREEN ALLEY BID
SET 1 – YEAR 3 PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
SRF Green Alley Bid Set 1 – Year 3 Project, in
the estimated amount $1,098,440.00, are
hereby approved.
Passed, adopted and approved this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 171-15
WITH RESPECT TO THE ADOPTION OF
THE RESOLUTION OF NECESSITY PRO-
POSED FOR THE SRF GREEN ALLEY BID
SET 1 – YEAR 3 PROJECT
Whereas, the City Council has proposed a
Resolution of Necessity for the SRF Green
Alley Bid Set 1 – Year 3 Project and has given
notice of the public hearing thereon as re-
quired by law; and
Whereas, the public hearing has been
held, all persons offering objections have been
heard and consideration given to all objections
and is pending before this Council; and
Whereas, this is the time and place set as
provided for the taking of action on the pro-
posed Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity
described above is hereby:
Adopted, without amendment, and all ob-
jections filed or made having been duly con-
sidered are overruled.
164 Regular Session, May 18, 2015 Book 145
Passed, adopted and approved this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 172-15
APPROVING SCHEDULE OF ASSESS-
MENTS AND ESTIMATE OF TOTAL COST
FOR THE SRF GREEN ALLEY BID SET 1 –
YEAR 3 PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plat, schedule of as-
sessments, and estimate of total cost for the
SRF Green Alley Bid Set 1 – Year 3 Project
are hereby approved.
Passed, approved and adopted this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
4. Sale of Property at 2521 Stafford Street:
Proof of publication on notice of public hearing
to approve a Purchase Agreement and Special
Warranty Deed for the sale of City Owned real
estate at 2521 Stafford Street to Sheonna D.
Bond and City Manager recommending ap-
proval. Motion by Braig to receive and file the
documents and adopt Resolution No. 173-15
Disposing of City Interest in Real Property
Located at 2521 Stafford Street, in the City of
Dubuque, Iowa. Seconded by Lynch. Motion
carried 7-0.
RESOLUTION NO. 173-15
DISPOSING OF CITY INTEREST IN REAL
PROPERTY LOCATED AT 2521 STAFFORD
STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution
No. 151-15, dated May 4, 2015, declared its
intent to dispose of City interest in real proper-
ty located at 2521 Stafford Street, legally de-
scribed as:
Lot Two (2) of Lot One (1) and the
East One-Half (E ½) of Lot Four (4) of
Lot Two (2) both in Geiger’s Subdivi-
sion, in the City of Dubuque, County,
Dubuque, Iowa according to the rec-
orded plat thereof (the Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on May 18, 2015 at 6:30 p.m. in the
Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa; and
Whereas, it is the determination of the City
Council that approval of the purchase agree-
ment for the sale to Sheonna D. Bond accord-
ing to the terms and conditions set out in the
purchase agreement is in the public interest of
the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. The purchase agreement by and
between the City of Dubuque and Sheonna D.
Bond for the sale of the Property, a copy at-
tached hereto, is hereby approved.
Section 2. The Mayor and City Clerk are
hereby authorized and directed to execute and
deliver a Special Warranty Deed, conveying
the City’s interest in the Property to Sheonna
D. Bond.
Section 3. That the City Clerk is hereby au-
thorized and directed to cause said Special
Warranty Deed to be recorded in the Office of
the Dubuque County Recorder, together with a
certified copy of the Resolution.
Passed, approved, and adopted this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
5. Stormwater Utility Revenue Capital Loan
Notes (Iowa Water Pollution Control Works
Financing Program): Proof of publication on
notice of public hearing to consider the issu-
ance of not to exceed $34,000,000 Stormwater
Utility Revenue Capital Loan Notes, however,
the City intends to issue not over $29,600,000
and the City Manager recommending approv-
al. Motion by Connors to receive and file the
documents and adopt Resolution No. 174-15
Instituting Proceedings to Take Additional Ac-
tion for the Authorization of one or more Loan
and Disbursement Agreements and the Issu-
ance of not to Exceed $34,000,000 Storm-
water Utility Revenue Capital Loan Notes. Se-
conded by Jones. Motion carried 7-0.
RESOLUTION NO. 174-15
INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORI-
ZATION OF ONE OR MORE LOAN AND
DISBURSEMENT AGREEMENTS AND THE
ISSUANCE OF NOT TO EXCEED
$34,000,000 STORMWATER UTILITY REV-
ENUE CAPITAL LOAN NOTES
Whereas, on June 17, 2013, the City
Council held a public hearing and took addi-
tional action for the issuance of not to exceed
$14,767,000 Stormwater Utility Revenue Capi-
tal Loan Notes (State Revolving Loan Fund)
Program), the proceeds of which were to be
used to pay costs of acquisition, construction,
reconstruction, extending, remodeling, improv-
ing, repairing and equipping all or part of the
Stormwater Management Utility, including
those costs associated with the construction of
the Bee Branch Disaster Resiliency Project;
and
Whereas, the foregoing action was taken
to satisfy the Economic Development Admin-
istration grant ("EDA Grant") requirement that
Book 145 Regular Session, May 18, 2015 165
the local match for the EDA Grant be fully
committed and readily available; and
Whereas, it was subsequently deemed
necessary and advisable that, in lieu of the
above-described Stormwater Utility Revenue
Capital Loan Notes, the City of Dubuque, Iowa
should issue Sales Tax Increment Revenue
Bonds to the Iowa Finance Authority under the
State Revolving Fund Loan Program, to the
amount of not to exceed $30,000,000, as au-
thorized by Section 418.14 of the Code of Io-
wa, for the purpose of providing funds to pay
costs of carrying out certain flood mitigation
projects and to provide the local match for the
EDA Grant; and
Whereas, on June 16, 2014, this Council
held a public hearing and took additional ac-
tion for the issuance of not to exceed
$30,000,000 Sales Tax Increment Revenue
Bonds for the foregoing purposes; and
Whereas, such Bonds have not been is-
sued and it is now deemed necessary and
advisable that the City of Dubuque, Iowa
should provide for the authorization of one or
more Loan and Disbursement Agreements and
the issuance of Stormwater Utility Revenue
Capital Loan Notes, in the amount of not to
exceed $34,000,000, as authorized by Sec-
tions 384.24A and 384.83, Code of Iowa, as
amended, for the purpose of providing funds to
pay costs as hereinafter described; and
Whereas, the City has applied for a loan
through the Iowa Water Pollution Control
Works Financing Program pursuant to which
the Iowa Finance Authority has agreed to pur-
chase the City's Notes and has requested that
such Notes be issued as single Notes in a
denomination equal to the total amount of the
issue as authorized by Chapter 384 of the
Code of Iowa; and
Whereas, the Loan and Disbursement
Agreements and Notes shall be payable out of
the net earnings of the Stormwater Manage-
ment Utility and shall be a first lien on the fu-
ture net earnings of the Utility and, in the dis-
cretion of the City Council, from amounts on
deposit in the Additional Projects Account of
the Flood Project Fund; and shall not be gen-
eral obligations of the City or payable in any
manner by taxation and the City shall be in no
manner liable by reason of the failure of the
net revenues to be sufficient for the payment
of the Loan and Disbursement Agreements
and Notes; and
Whereas, before a Loan and Disbursement
Agreement may be authorized and Stormwater
Utility Revenue Capital Loan Notes issued to
evidence the obligation of the City thereunder,
it is necessary to comply with the provisions of
the Code of Iowa, as amended, and to publish
a notice of the proposal and of the time and
place of the meeting at which the Council pro-
poses to take action for the authorization of the
Loan and Disbursement Agreement and Notes
and to receive oral and/or written objections
from any resident or property owner of the City
to such action; and
Whereas, pursuant to notice published as
required by law, this Council has held a public
meeting and hearing upon the proposal to in-
stitute proceedings for the authorization of one
or more Loan and Disbursement Agreements
by and between the City and the Iowa Finance
Authority, and the issuance to the Iowa Fi-
nance Authority of not to exceed $34,000,000
Stormwater Utility Revenue Capital Loan
Notes to evidence the obligations of the City
under said Loan and Disbursement Agree-
ments, for the purpose of paying costs of land
acquisition, engineering and construction of
Phase 7 of the Bee Branch Watershed Flood
Mitigation Project, also known as the Upper
Bee Branch Creek Restoration, the refunding
and refinancing of the outstanding General
Obligation Capital Loan Notes Anticipation
Project Note, Series 2006, dated December
28, 2006, issued in respect of such costs, and
the Catfish Creek Watershed Improvements,
and has considered the extent of objections
received from residents or property owners as
to said proposal and, accordingly the following
action is now considered to be in the best in-
terests 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 takes additional ac-
tion for the authorization of one or more Loan
and Disbursement Agreements by and be-
tween the City and the Iowa Finance Authority,
and the issuance to the Iowa Finance Authority
in the manner required by law of not to exceed
$34,000,000 Stormwater Utility Revenue Capi-
tal Loan Notes for the foregoing purposes.
Section 2. That the Finance Director, with
the assistance of the City Attorney and bond
counsel, is hereby authorized and directed to
proceed with the preparation of such docu-
ments and proceedings as shall be necessary
to authorize the City's participation in the SRF
Loan Program, to select a suitable date for
final Council authorization of one or more Loan
and Disbursement Agreements and issuance
of the Notes to evidence the City's obligations
thereunder, and to take such other actions as
the Finance Director shall deem necessary to
permit the completion of the loans on a basis
favorable to the City and acceptable to this
Council.
Section 3. This Resolution shall serve as a
declaration of official intent under Treasury
Regulation 1.150-2 and shall be maintained on
file as a public record of such intent. It is rea-
sonably expected that the stormwater utility
fund moneys may be advanced from time to
166 Regular Session, May 18, 2015 Book 145
time for capital expenditures which are to be
paid from the proceeds of the above loan
agreements. The amounts so advanced shall
be reimbursed from the proceeds of the Loan
Agreements not later than eighteen months
after the initial payment of the capital expendi-
tures or eighteen months after the property is
placed in service. Such advancements shall
not exceed the loan amount authorized in this
Resolution unless the same are for preliminary
expenditures or unless another declaration of
intention is adopted.
Passed and approved this 18th day of May,
2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
6. Trinity Affordable Housing Corporation’s
Purchase of Sheridan Village Apartments:
Proof of publication on notice of public hearing
to approve the issuance of tax-exempt bonds
on behalf of Trinity Affordable Housing Corpo-
ration, an Illinois Nonprofit Corporation for the
proposed project. This approval is required for
compliance with the federal tax laws under the
Tax and Equity Fiscal Responsibility Act of
1982 and approval does not commit any finan-
cial obligations on behalf of the City of Dubu-
que related to the project and the City Manag-
er recommending approval. Motion by Con-
nors to receive and file the documents and
adopt Resolution No. 175-15 Approving The
issuance by the Public Finance Authority of
Bonds on behalf of Trinity Affordable Housing
Corporation, an Illinois Nonprofit Corporation.
Seconded by Braig. Philip Guistolise, Vice
President and General Counsel for Trinity
Partners, spoke in favor of the project. Hous-
ing and Community Development Director
Alvin Nash provided information on how Trinity
Affordable Housing Corporation was selected.
Motion carried 7-0.
RESOLUTION 175-15
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA APPROV-
ING THE ISSUANCE BY THE PUBLIC FI-
NANCE AUTHORITY OF BONDS ON BE-
HALF OF TRINITY AFFORDABLE HOUSING
CORPORATION, AN ILLINOIS NONPROFIT
CORPORATION
Whereas, the City of Dubuque, Iowa (the
“City”) is a political subdivision of the State of
Iowa and the City Council (the “Governing
Body”) is the elected governing body of the
City; and
Whereas, the Public Finance Authority (the
“Authority”) is a commission organized under
and pursuant to the provisions of Sections
66.0301, 66.0303 and 66.0304 of the Wiscon-
sin Statutes, is authorized to issue tax-exempt,
taxable, and tax credit conduit bonds for public
and private entities throughout all 50 states
and is jointly sponsored by the National Asso-
ciation of Counties, National League of Cities,
Wisconsin Counties Association and League
of Wisconsin Municipalities (the “Sponsors”);
and
Whereas, Trinity-Sheridan Village, LLC, an
Iowa limited liability company of which Trinity
Affordable Housing Corporation, an Illinois
nonprofit corporation (“Trinity”), is the sole
member (collectively, the “Borrower”), has
requested that the Authority adopt a plan of
financing providing for the issuance of its Pub-
lic Finance Authority Multifamily Housing Rev-
enue Bonds, Series 2015 (Trinity Affordable
Section 8 Assisted Apartments Project) (the
“Bonds”), in one or more series from time to
time, in an aggregate amount not to exceed
$25,015,000. A portion of the proceeds from
the sale of such Bonds, not expected to ex-
ceed $4,675,000, will be used to finance
and/or refinance the acquisition, rehabilitation,
equipping and/or improvement of Sheridan
Village, a 60-unit multifamily rental housing
facility located at 3260 Getty Terrace, Dubu-
que, Iowa to pay interest on the Bonds, to pay
costs of issuance of the Bonds, and/or to fund
a debt service reserve fund for the Bonds (the
“Project”); and
Whereas, the Bonds or a portion thereof
will be “private activity bonds” for purposes of
the Internal Revenue Code of 1986 (the
“Code”), and pursuant to Section 147(f) of the
Code, prior to their issuance, the Bonds are
required to be approved by the “applicable
elected representative” of a governmental unit
having jurisdiction over the entire area in which
the Project is located, after a public hearing
held following reasonable public notice; and
Whereas, pursuant to Section 147(f) of the
Code, the Governing Body, following notice
duly given in the form attached hereto as Ex-
hibit A (the “TEFRA Notice”), held a public
hearing regarding the financing of the Project
and the issuance of the Bonds, and now de-
sires to approve the financing and the issu-
ance of the Bonds; and
Whereas, pursuant to Section
66.0304(11)(a) of the Wisconsin Statutes, prior
to their issuance, bonds issued by the Public
Finance Authority must be approved by the
governing body or highest ranking executive or
administrator of the political jurisdiction within
whose boundaries the project is to be located;
and
Whereas, the Borrower(s) has/have re-
quested that the City approve the financing of
the Project and the issuance of the Bonds in
order to satisfy the public approval require-
ment of Section 147(f) of the Code and the
requirements of Section 4 of the Amended and
Restated Joint Exercise of Powers Agreement
Relating to the Public Finance Authority, dated
as of September 28, 2010 (the “Joint Exercise
Book 145 Regular Session, May 18, 2015 167
Agreement”) and Section 66.0304(11)(a) of the
Wisconsin Statutes.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The foregoing recitals are true and cor-
rect.
2. For purposes of the requirements of
Section 147(f) of the Internal Revenue Code of
1986, the Governing Body hereby approves
the issuance of the Bonds by the Authority for
financing the Project in an aggregate principal
amount not to exceed the amount set forth in
the TEFRA Notice attached hereto as EXHIBIT
A.
3. It is the purpose and intent of the Gov-
erning Body that this Resolution constitute
approval of the issuance of the Bonds by the
Project Jurisdiction, which is the (or one of the)
governmental unit(s) having jurisdiction over
the area in which the Project is located, in ac-
cordance with Section 66.0304(11)(a) of the
Wisconsin Statutes and Section 4 of the Joint
Exercise Agreement.
4. The officers of the Governing Body are
hereby authorized and directed, jointly and
severally, to do any and all things and to exe-
cute and deliver any and all documents that
they deem necessary or advisable in order to
carry out, give effect to and comply with the
terms and intent of this resolution and the fi-
nancing approved hereby.
Adopted by the City Council of the City at a
regular meeting of said body held on the 18th
day of May 2015, by a majority vote.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Award Upper Bee Branch Creek -
Channel, Streets and Utilities: City Manager
recommending City Council award the con-
struction contract for the Upper Bee Branch
Creek – Channel, Streets, & Utilities Project to
the low bidder, Portzen Construction. Motion
by Jones to receive and file the documents
and adopt Resolution No. 176-15 Awarding
Public Improvement Contract for the Upper
Bee Branch Creek – Channel, Streets, & Utili-
ties Project. Seconded by Connors. Motion
carried 6-1 with Resnick voting nay. City Engi-
neer Gus Psihoyos, Civil Engineer Deron
Muerhing and representatives from Strand
Associates and IIW Engineers responded to
questions from the City Council regarding the
calculation of the bid estimate and the City
Manager addressed the effect of costs and
designs on the project.
RESOLUTION NO. 176-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE UPPER BEE BRANCH
CREEK – CHANNEL, STREETS & UTILITIES
PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Upper Bee
Branch Creek – Channel, Streets, & Utilities
Project (the Project) pursuant to Resolution
No. 108-15 and Notice to Bidders published in
a newspaper published in the City of Dubuque,
Iowa on the 10th day of April, 2015; and
Whereas, said sealed proposals were
opened and read on the 7th day of May, 2015
and it has been determined that Portzen Con-
struction, Inc. of Dubuque, Iowa with a bid in
the amount of $27,819,266.00, is the lowest
responsive, responsible bidder for the Project.
Whereas, awarding of the contract will be
contingent upon Economic Development Ad-
ministration bid award concurrence and Iowa
Department of Natural Resources State Re-
volving Fund bid award approval for the Upper
Bee Branch Creek – Channel, Streets & Utili-
ties Project.
Whereas, the Bee Branch Watershed
Flood Mitigation Project Plan schedule mile-
stones shall be amended to reflect the dates
below.
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 Portzen Con-
struction, Inc. and the City Manager is hereby
directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for
the Project.
That the Bee Branch Watershed Flood Mit-
igation Project Plan schedule milestones are
hereby amended as follows:
Improvements
Project
Plan Con-
struction
Schedule
Flood Mitigation Gate Replace-
ment 2015
Bee Branch Creek Railroad
Sanitary Sewer Crossing 2015
Lower Bee Branch Basin Over-
look 2015
Lower Bee Branch 15th Street
Overlook 2015
Upper Bee Branch - Channel,
Streets, Utilities 2015-2016
Upper Bee Branch - Structures 2015-2016
Bee Branch Creek Railroad
Culverts 2019
Upper Bee Branch Site Im-
provements (Heritage Trail,
Amphitheater, Embankment
Slides) 2016
168 Regular Session, May 18, 2015 Book 145
Upper Bee Branch Improve-
ments north of 24th Street at
Comiskey Park 2016
Bee Branch Trail Connect be-
tween 16th and Garfield 2016
22nd St Parking Lot 2016
North End Storm Sewer 2017
22nd Street Storm Sewer 2017
Flood Mitigation Maintenance
Facility 2015-2017
17th Street Storm Sewer 2019-2021
Water Plant Flood Protection 2022-2023
Pervious Pavement Systems
(Green Alleys) 2023-2040*
Passed, approved and adopted this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Award Upper Bee Branch Creek – Struc-
tures: City Manager recommending award of
the construction contract for the Upper Bee
Branch Creek – Structures Project as submit-
ted by the low bidder Tricon General Construc-
tion, Inc. Motion by Jones to receive and file
the documents and adopt Resolution No. 177-
15 Awarding Public Improvement Contract for
the Upper Bee Branch Creek – Structures Pro-
ject. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 177-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE UPPER BEE BRANCH
CREEK – STRUCTURES PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Upper Bee
Branch Creek – Structures Project (the Pro-
ject) pursuant to Resolution No. 109-15 and
Notice to Bidders published in a newspaper
published in the City of Dubuque, Iowa on the
10th day of April, 2015; and
Whereas, said sealed proposals were
opened and read on the 30th day of April,
2015, and it has been determined that Tricon
General Construction, Inc. of Dubuque, Iowa
with a bid in the amount of $5,714,880.00, is
the lowest responsive, responsible bidder for
the Project; and
Whereas, awarding of this contract will be
contingent upon awarding of the Upper Bee
Branch Creek – Channel, Streets & Utilities
Project by the Dubuque City Council; upon the
Economic Development Administration bid
award concurrence and Iowa Department of
Natural Resources State Revolving Fund bid
award approval for the Upper Bee Branch
Creek – Channel, Streets & Utilities 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 Tricon General
Construction, Inc. and the City Manager is
hereby directed to execute a Public Improve-
ment Contract on behalf of the City of Dubu-
que for the Project.
Passed, approved and adopted this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
3. Award Utility Extension to the Dubuque
Regional Airport: City Manager recommending
awarding the construction contract for the Utili-
ty Extension to the Dubuque Regional Airport
to Miller Trucking & Excavating. Motion by
Lynch to receive and file the documents and
adopt Resolution No. 178-15 Awarding Public
Improvement Contract for the Utility Extension
to the Dubuque Regional Airport Project. Se-
conded by Connors. Responding to questions
from the City Council, City Engineer Gus Psi-
hoyos stated that WHKS & Company prepared
the estimate for the City per the project con-
tract. Motion carried 7-0.
RESOLUTION NO. 178-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE UTILITY EXTENSION TO
THE DUBUQUE REGIONAL AIRPORT PRO-
JECT
Whereas, sealed proposals have been
submitted by contractors for the Utility Exten-
sion to the Dubuque Regional Airport project
(the Project) pursuant to Resolution No. 132-
15 and Notice to Bidders published in a news-
paper published in the City of Dubuque, Iowa
on the 24th day of April, 2015; and
Whereas, said sealed proposals were
opened and read on the 11th day of May, 2015,
and it has been determined that Miller Truck-
ing and Excavating of Silvis, Illinois, with a bid
in the amount of $9,401,738.50, is the lowest
responsive, responsible bidder for the Project;
and
Whereas, the City has elected to eliminate
three highway utility crossings to reduce a
portion of the deficit. The reduction for elimi-
nating these crossings is $385,672.00; and
Whereas, said bid in the amount of
$9,401,738.50, is being reduced to
$9,016,066.50.
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 Miller Trucking
and Excavating and the City Manager is here-
by directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for
the Project.
Book 145 Regular Session, May 18, 2015 169
Passed, approved and adopted this 18th
day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
4. Rental License and Inspection Fees
Amendment: City Manager recommending
amendment to the approved rental property
inspection fees that are to be effective retroac-
tively to April 6, 2015, including doubling the
License Fees for units previously operating
without a license. Motion by Jones to receive
and file the documents and adopt Resolution
No. 179-15 Approving the Increase in the
Structure Fee for the Rental Licensing and
Rental Inspection Program. Seconded by
Connors. Dubuque Landlord Association Pres-
ident Jerry Maro addressed the City Council
regarding his displeasure with the increase,
but stated that the Association will continue to
have discussions with the City. Responding to
questions from the City Council, Housing and
Community Development Director Alvin Nash
stated that the department works with land-
lords or tenants transitioning from a building
that is no longer licensed. Motion carried 7-0.
RESOLUTION NO. 179-15
APPROVING THE INCREASE IN THE
STRUCTURE FEE FOR THE RENTAL LI-
CENSING AND RENTAL INSPECTION
PROGRAM
Whereas, the Housing and Community
Development Department is requesting an
increase in the structure licensing and rental
fees in order to self-sustain the General Hous-
ing Code Enforcement Department; and
Whereas, the effective date of licensing
fees is January1, 2016 and the effective date
of rental inspection fees is April 6, 2015; and
Whereas, the following increase in the li-
censing and rental fees are hereby proposed.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the license fee for structure
be increased from $12 to $25; Dwelling unit be
increased from $12 to $20; Rooming unit be
increased from $3 to $10;
Section 2. That the penalty fees be as fol-
lows: late payment penalty fee be increased
from 10% to $25;
a. The No show fee (CGI) would remain
the same;
b. The Re-inspection fee for 3rd and sub-
sequent re-inspections be decrease from
$25 to $40;
c. The Re-inspections fee for 2nd and sub-
sequent re-inspections be increased from
zero to $70;
d. Addition room re-inspection fee for 3rd
and subsequent re-inspections be de-
creased from $5 to zero;
e. Confirmed complaint inspection with
penalty to $85
Section 3. That the Inspection fees be re-
duced as follows:
Dwelling Unit Inspection - $50.00
Rooming Unit Inspection - $30.00
CSC Dwelling Inspection - $90.00
a. Reduced inspections for pre-approved
rental units subject to independent 3rd par-
ty inspections performed by another gov-
ernment agency including units participat-
ing in one of the following:
1. HOME program – Iowa Finance Au-
thority (IFA)
2. Low Income Housing Tax Credit
(LIHTC) – Iowa Finance Authority (IFA)
3. Project Based Section 8 – HUD/IFA
4. CBDG – Property rehabilitation
5. OTHER – Subject to City Manager
Approval
The 2nd and 3rd Party Fees shall be as fol-
lows:
Inspected Dwelling Units (Inspected)
$50.00
Inspected Dwelling Units (Self-
Certified) $20.00
Inspected Rooming Units (SRO’s) (In-
spected) $30.00
Inspected Rooming Units (SRO’s)
(Self-Certified) $15.00
Fire Department Inspection Eligible
Dorm Room $15.00
Section 4. Adoption of this Certificate of
Structural Compliance, (CSC) inspection for
new rental property inspection during which
additional documentation and inspection work
is completed including sketch of basic floor
plans to be maintained the property record
establish record of all habitable space estab-
lish maximum occupancy at the successes
successfully passing CSE inspection a certifi-
cate of structural component to be issued.
CSCs are transferable to new owners
Section 5. Adoption of the Dwelling Unit In-
spection Fee. This fee is waived if the unit has
been inspected by the City of Dubuque’s
Housing Inspectors in the past two years for
Housing Choice Voucher Section 8 participa-
tion.
Section 6. Adoption of the rooming unit in-
spection fee which is charged similar to the
dwelling inspection fee.
Section 7. Adoption of the Confirmed
Complaint Inspection Fee. This fee is charged
once the tenant has provided written proof of
maintenance request to property owner and/or
registered agent. In addition, the tenant has
allowed acceptable time for the property own-
er/agent to make necessary repairs and the
City Inspector has verified to the complaint has
not been repaired and is a housing code viola-
tions.
170 Regular Session, May 18, 2015 Book 145
Section 8. Adoption of a Period of Amnesty
for Non-Licensed Landlords
a. Create amnesty period ending Au-
gust 1, 2015, during which the City
will coordinate a multi-faceted press
release that will clearly state the li-
censing requirement and warn of the
impending penalty that will begin on
August 1, 2015. Any rental property
operated without the required license
will be subject to double license fees
for that initial licensing.
b. Beginning August 1, 2015 any
rental property operated without the
required license will be subject to
doubling licensing fees for the initial
licensing and a Municipal Infraction
for $750 + court costs if verified non-
compliant by Housing Inspection
staff.
c. If property owner continues to op-
erate a rental property without the re-
quired license or inspections a Munic-
ipal Infraction will be issued for each
month of non-compliance following
the initial notification of violation.
Section 9. This resolution requires that all
penalty fees charged are subject to appeal
through the Housing Code Board of Appeals.
Passed, approved and adopted this 18th
day of May, 2015.
Lynn Sutton, Mayor-Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
5. Multicultural Family Center Annual Re-
port: Acting Director of the MFC Sara Peterson
and MFC Board Chairperson John Stewart
provided a verbal report on the goals, events
and budget for the MFC. Motion by Connors to
receive and file the documents and listen to
the presentation. Seconded by Resnick. Mo-
tion carried 7-0.
6. Bond Purchase Agreement - Sales Tax
Increment Revenue Bonds: City Manager rec-
ommending approval of the Bond Purchase
Agreement and the approval of issuance of
Sales Tax Increment Revenue Bonds (Annual
Appropriation Property Tax Supported), Senior
Bond Series 2015A. Motion by Connors to
receive and file the documents and adopt
Resolution No. 180-15 Approving the Form
and Authorizing Execution of a Bond Purchase
Agreement in Connection With the Issuance of
Sales Tax Increment Revenue Bonds (Annual
Appropriation Property Tax Supported), Senior
Bond Series 2015A; and Resolution No. 181-
15 Series 2015A Resolution Authorizing and
Providing for the Issuance and Securing the
Payment of Sales Tax Increment Revenue
Bonds (Annual Appropriation Property Tax
Supported), Senior Bond Series 2015A, by the
City of Dubuque Under the Provisions of
Chapter 418 of the Code of Iowa, Providing for
a Method of Payment Thereof, and Other Re-
lated Matters. Seconded by Jones. Tionna
Pooler of Independent Public Advisors, LLC
provided information on the bond sale. Motion
carried 7-0.
RESOLUTION NO. 180-15
APPROVING THE FORM AND AUTHORIZ-
ING EXECUTION OF A BOND PURCHASE
AGREEMENT IN CONNECTION WITH THE
ISSUANCE OF SALES TAX INCREMENT
REVENUE BONDS (ANNUAL APPROPRIA-
TION PROPERTY TAX SUPPORTED), SEN-
IOR BOND SERIES 2015A
Whereas, the City of Dubuque, Iowa (the
"Issuer") is a municipal corporation organizing
and existing under the laws of the State of
Iowa; and
Whereas, the Bee Branch Watershed,
which includes the Issuer's most developed
areas where over 50% of City residents either
live or work, has experienced flooding impact-
ing thousands of properties and over seventy
businesses; and
Whereas, the City Council has adopted a
drainage basin master plan authored by HDR
Engineering that outlines improvements to
mitigate flooding, collectively referred to as the
Bee Branch Watershed Flood Mitigation Pro-
ject (defined herein as the "Bee Branch Pro-
ject"); and
Whereas, the Flood Mitigation Program
(Iowa Code Chapter 418) was established by
the State of Iowa ("State") to support commu-
nity projects for the construction and recon-
struction of levees, embankments, impounding
reservoirs, or conduits that are necessary for
the protection of property from the effects of
floodwaters and may include the deepening,
widening, alteration, change, diversion, or oth-
er improvement of watercourses if necessary
for the protection of such property from the
effects of floodwaters; and
Whereas, the Issuer submitted an applica-
tion to the Iowa Flood Mitigation Board re-
questing the use of $98,494,178 in sales tax
increment funds for the Bee Branch Water-
shed Flood Mitigation Project; and
Whereas, the Iowa Flood Mitigation Board,
acting on December 4, 2013, voted to approve
the Issuer's application for construction of the
Bee Branch Project, subject to the require-
ments set forth in Iowa Code Chapter 418 and
the administrative rules promulgated under it;
and
Whereas, the Iowa Flood Mitigation Board
and the Issuer have entered into an Award
Agreement relating to the approved Bee
Branch Project activities; and
Whereas, as contemplated under the
Award Agreement, a Flood Project Fund has
been created for the Bee Branch Project con-
Book 145 Regular Session, May 18, 2015 171
sisting of state sales tax revenue and any oth-
er moneys lawfully received by the Issuer to be
used to fund the Bee Branch Project and to
pay principal and interest on bonds issued for
the Bee Branch Project; and
Whereas, by Resolution No. 159-14
passed and approved on May 19, 2014 (the
"Master Resolution"), the Issuer has heretofore
authorized the issuance of $7,190,000 Sales
Tax Increment Revenue Bonds (Unlimited
Property Tax Supported), Second Lien Series
2014, in order to provide funds to pay costs of
the acquisition, construction and installation
and equipping of the Bee Branch Watershed
Flood Mitigation Project, including those costs
associated with the Lower Bee Branch Creek
Restoration Project (Phases 4 and 7) and the
Bee Branch Flood Control Pumping Station
Gates and Replacement Project; and
Whereas, Section 8.3 of the Master Reso-
lution authorizes the issuance of additional
Senior Bonds by the Issuer from time to time, if
all of the conditions set forth therein are satis-
fied; and
Whereas, the notice of intention of the Is-
suer to take action for the issuance of not to
exceed $24,500,000 Sales Tax Increment
Revenue Bonds has heretofore been duly pub-
lished and no objections to such proposed
action have been filed, such Bonds to be is-
sued to pay costs of the acquisition, construc-
tion, installation and equipping of the Bee
Branch Watershed Flood Mitigation Project,
including those costs associated with the Low-
er Bee Branch Creek Restoration (Phase 4),
the Upper Bee Branch Creek Restoration
(Phase 7), the Flood Mitigation Gate Re-
placement (Phase 5), the Flood Control
Maintenance Facility (Phase 9), and the North
End Storm Sewers (Phase 10), the funding of
a debt service reserve for the Bonds, and the
related costs for property acquisition, engi-
neering and design and other professional
services; and
Whereas, pursuant to the provisions of
Section 418.14 of the Code of Iowa, a pro-
posal to purchase the above mentioned Bonds
has been made by Robert W. Baird & Co.,
pursuant to the terms and conditions of a Bond
Purchase Agreement with such firm, dated as
of the date hereof, which is now before this
Council.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, AS FOLLOWS:
Section 1. That the form and content of the
Bond Purchase Agreement, the provisions of
which are incorporated herein by reference, be
and the same hereby are in all respects au-
thorized, approved and confirmed, and the
Mayor and the City Clerk be and they hereby
are authorized, empowered and directed to
execute, attest, seal and deliver the Bond Pur-
chase Agreement for and on behalf of the City
in substantially the form and content now be-
fore this meeting, but with such changes, mod-
ifications, additions or deletions therein as
shall be approved by such officers, upon the
advice of the City Attorney, and that from and
after the execution and delivery of the Bond
Purchase Agreement, the Mayor and the City
Clerk are hereby authorized, empowered and
directed to do all such acts and things and to
execute all such documents as may be neces-
sary to carry out and comply with the provi-
sions of the Bond Purchase Agreement as
executed.
Passed, approved and adopted this 18th
day of May, 2015.
Lynn Sutton, Mayor-Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 181-15
SERIES 2015A RESOLUTION AUTHORIZ-
ING AND PROVIDING FOR THE ISSUANCE
AND SECURING THE PAYMENT OF SALES
TAX INCREMENT REVENUE BONDS (AN-
NUAL APPROPRIATION PROPERTY TAX
SUPPORTED), SENIOR BOND SERIES
2015A, BY THE CITY OF DUBUQUE UNDER
THE PROVISIONS OF CHAPTER 418 OF
THE CODE OF IOWA, PROVIDING FOR A
METHOD OF PAYMENT THEREOF, AND
OTHER RELATED MATTERS
Whereas, the City of Dubuque, Iowa (the
"Issuer") is a municipal corporation organizing
and existing under the laws of the State of
Iowa; and
Whereas, the Bee Branch Watershed,
which includes the Issuer's most developed
areas where over 50% of city residents either
live or work, has experienced flooding impact-
ing thousands of properties and over seventy
businesses; and
Whereas, the City Council has adopted a
drainage basin master plan authored by HDR
Engineering that outlines improvements to
mitigate flooding, collectively referred to as the
Bee Branch Watershed Flood Mitigation Pro-
ject (defined herein as the "Bee Branch Pro-
ject"); and
Whereas, the Flood Mitigation Program
(Iowa Code Chapter 418) was established by
the State of Iowa ("State") to support commu-
nity projects for the construction and recon-
struction of levees, embankments, impounding
reservoirs, or conduits that are necessary for
the protection of property from the effects of
floodwaters and may include the deepening,
widening, alteration, change, diversion, or oth-
er improvement of watercourses if necessary
for the protection of such property from the
effects of floodwaters; and
Whereas, the Issuer submitted an applica-
tion to the Iowa Flood Mitigation Board re-
questing the use of $98,494,178 in sales tax
172 Regular Session, May 18, 2015 Book 145
increment funds for the Bee Branch Water-
shed Flood Mitigation Project; and
Whereas, the Iowa Flood Mitigation Board,
acting on December 4, 2013, voted to approve
the Issuer's application for construction of the
Bee Branch Project, subject to the require-
ments set forth in Iowa Code Chapter 418 and
the administrative rules promulgated under it;
and
Whereas, the Iowa Flood Mitigation Board
and the Issuer have entered into an Award
Agreement relating to the approved Bee
Branch Project activities; and
Whereas, as contemplated under the
Award Agreement, a Flood Project Fund has
been created for the Bee Branch Project con-
sisting of state sales tax revenue and any oth-
er moneys lawfully received by the Issuer to be
used to fund the Bee Branch Project and to
pay principal and interest on bonds issued for
the Bee Branch Project; and
Whereas, by Resolution No. 159-14
passed and approved on May 19, 2014 (the
"Master Resolution"), the Issuer has heretofore
authorized the issuance of $7,190,000 Sales
Tax Increment Revenue Bonds (Unlimited
Property Tax Supported), Second Lien Series
2014, in order to provide funds to pay costs of
the acquisition, construction and installation
and equipping of the Bee Branch Watershed
Flood Mitigation Project, including those costs
associated with the Lower Bee Branch Creek
Restoration Project (Phases 4 and 7) and the
Bee Branch Flood Control Pumping Station
Gates and Replacement Project; and
Whereas, Section 8.3 of the Master Reso-
lution authorizes the issuance of additional
Senior Bonds by the Issuer from time to time, if
all of the conditions set forth therein are satis-
fied; and
Whereas, the notice of intention of the Is-
suer to take action for the issuance of not to
exceed $24,500,000 Sales Tax Increment
Revenue Bonds has heretofore been duly pub-
lished and no objections to such proposed
action have been filed, such Bonds to be is-
sued to pay costs of the acquisition, construc-
tion, installation and equipping of the Bee
Branch Watershed Flood Mitigation Project,
including those costs associated with the Low-
er Bee Branch Creek Restoration (Phase 4),
the Upper Bee Branch Creek Restoration
(Phase 7), the Flood Mitigation Gate Re-
placement (Phase 5), the Flood Control
Maintenance Facility (Phase 9), and the North
End Storm Sewers (Phase 10), the funding of
a debt service reserve for the Bonds, and the
related costs for property acquisition, engi-
neering and design and other professional
services; and
Whereas, the Issuer has determined to is-
sue such Bonds as additional Senior Bonds
under the Master Resolution, and expects to
receive the certifications of a Financial Advisor
and report of an Independent Auditor required
under said Section 8.3, and has determined
that, upon passage of this Series 2015A Reso-
lution and the receipt of the foregoing items, all
of the requirements of Article VIII of the Master
Resolution with respect to the issuance of ad-
ditional Senior Bonds will have been satisfied.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, AS FOLLOWS:
ARTICLE I - DEFINITIONS
Section 1.1. Definitions. Except as other-
wise provided below in this Article I, all words
and terms defined in Article I of the Master
Resolution shall have the same meanings in
this Series 2015A Resolution as such defined
words and terms are given in Article I of the
Master Resolution. In addition, the following
terms shall have the following meanings in this
Series 2015A Resolution unless the text ex-
pressly or by necessary implication requires
otherwise:
"Bond Purchase Agreement" means the
Bond Purchase Agreement dated May 18,
2015 between the Issuer and the Original Pur-
chaser, relating to the purchase and delivery of
the Series 2015A Bonds.
"Master Resolution" means Resolution No.
159-14, passed and approved on May 19,
2014, entitled "Master Resolution relating to
the issuance of Sales Tax Increment Revenue
Bonds by the City of Dubuque under the provi-
sions of Chapter 418 of the Code of Iowa, au-
thorizing and providing for the issuance and
securing the payment of Sales Tax Increment
Revenue Bonds (Unlimited Property Tax Sup-
ported), Second Lien Series 2014, and provid-
ing for a method of payment thereof, and re-
lated matters," as the same may be amended
from time to time.
"Original Purchaser" means Robert W.
Baird & Co., as the purchaser of the Series
2015A Bonds from the Issuer at the time of
their original issuance.
"Series 2015A Bonds" means the
$20,800,000 Sales Tax Increment Revenue
Bonds (Annual Appropriation Property Tax
Supported), Senior Bond Series 2015A, dated
the date of delivery, authorized to be issued
pursuant to this Series 2015A Resolution.
"Series 2015A Costs of Issuance Account"
means the account by that name within the
Project Fund established in Section 5.1 of the
Master Resolution.
"Series 2015A Projects" shall mean the
Projects being financed with the proceeds of
the Series 2015A Bonds, consisting of the
acquisition, construction, installation and
equipping of the Bee Branch Watershed Flood
Mitigation Project, including those costs asso-
ciated with the Lower Bee Branch Creek Res-
toration (Phase 4), the Upper Bee Branch
Book 145 Regular Session, May 18, 2015 173
Creek Restoration (Phase 7), the Flood Mitiga-
tion Gate Replacement (Phase 5), the Flood
Control Maintenance Facility (Phase 9), and
the North End Storm Sewers (Phase 10), the
funding of a debt service reserve for the Series
2015A Bonds, and the related costs for proper-
ty acquisition, engineering and design and
other professional services, as described gen-
erally in the plans and specifications on file
from time to time with the Issuer.
"Series 2015A Projects Account" means
the account by that name within the Project
Fund established in Section 5.1 of the Master
Resolution.
"Series 2015A Rebate Account" means the
account by that name within the Rebate Fund
established in Section 6.10 of the Master Res-
olution.
"Series 2015A Resolution" means this Se-
ries Resolution of the City Council of the Issu-
er.
"Shortfall" shall have the meaning de-
scribed in Section 2.1 of this Series 2015A
Resolution.
"Tax Exemption Certificate" means the Tax
Exemption Certificate executed by the Treas-
urer and delivered at the time of issuance and
delivery of the Series 2015A Bonds.
ARTICLE II- THE SERIES 2015A BONDS
Section 2.1. Details of Series 2015A
Bonds.
(a) Authorization, Purpose and Maturities.
Pursuant to the provisions of the Master Reso-
lution and in particular Section 8.3 thereof,
there are hereby authorized to be issued, ne-
gotiable, serial, fully registered Sales Tax In-
crement Revenue Bonds (Annual Appropria-
tion Property Tax Supported), Senior Bond
Series 2015A, in the aggregate principal
amount of $20,800,000, dated the date of de-
livery, for the purpose of constructing the Se-
ries 2015A Projects and paying Project Costs
relating thereto, and to pay related Costs of
Issuance. The Series 2015A Bonds shall be
designated "CITY OF DUBUQUE, IOWA
SALES TAX INCREMENT REVENUE BONDS
(ANNUAL APPROPRIATION PROPERTY
TAX SUPPORTED), SENIOR BOND SERIES
2015A", and bear interest from the date there-
of, until payment thereof, at the office of the
Paying Agent, said interest payable on De-
cember 1, 2015 and semiannually thereafter
on the 1st day of June and December in each
year until maturity at the rates hereinafter pro-
vided.
The Series 2015A Bonds shall be issued
as Senior Bonds under the Master Resolution,
and all of the applicable terms, conditions and
provisions of the Master Resolution relating to
Senior Bonds shall be deemed and construed
to apply to the Series 2015A Bonds to the
same extent as if fully set forth herein.
The Series 2015A Bonds and the Regis-
trar's Certificate of Authentication shall be in
substantially the form set forth in Exhibit A
attached hereto, with such variations, omis-
sions, substitutions and insertions as are re-
quired or permitted by this Series 2015A Reso-
lution.
The Series 2015A Bonds shall be executed
by the manual or facsimile signature of the
Mayor and attested by the manual or facsimile
signature of the City Clerk of the Issuer, and
shall be fully registered as to both principal
and interest as provided in this Series 2015A
Resolution; principal, interest and premium, if
any shall be payable at the office of the Paying
Agent by mailing of a check, wire transfer or
automated clearing house system transfer to
the registered owner of the Bond. The Series
2015A Bonds shall be issued as Depository
Bonds and shall mature and bear interest as
follows:
SERIAL BONDS
Interest Rate Principal Amount
Maturity
(June 1st)
3.00% $1,930,000 2023
5.00% $75,000 2023
3.13% $1,145,000 2024
5.00% $925,000 2024
3.25% $1,975,000 2025
5.00% $175,000 2025
3.25% $2,225,000 2026
3.50% $2,295,000 2027
3.63% $2,375,000 2028
3.75% $1,960,000 2029
5.00% $500,000 2029
4.00% $2,560,000 2030
4.00% $2,660,000 2031
(b) Stand-by Levy of Debt Service Taxes.
The Series 2015A Bonds shall be payable
from the Pledged Revenues, as described in
Article VI of the Master Resolution. For the
purpose of providing funds to pay the Principal
of and interest on the Series 2015A Bonds (but
not other Bonds) in the event that the Sales
Tax Increment Revenues and amounts on
deposit in the Flood Project Fund are other-
wise insufficient to do so, there is hereby ap-
propriated to the Sinking Fund, subject to non-
appropriation as described in subsections (c)
and (d) hereof, and levied for each future year
the following direct annual tax on all of the
taxable property in Dubuque, Iowa to-wit:
174 Regular Session, May 18, 2015 Book 145
AMOUNT
FISCAL YEAR (JULY 1
TO JUNE 30) YEAR OF
COLLECTION
$732,991 2015/2016
$762,650 2016/2017
$762,650 2017/2018
$762,650 2018/2019
$762,650 2019/2020
$762,650 2020/2021
$762,650 2021/2022
$2,767,650 2022/2023
$2,771,000 2023/2024
$2,768,969 2024/2025
$2,771,031 2025/2026
$2,768,719 2026/2027
$2,768,394 2027/2028
$2,767,300 2028/2029
$2,768,800 2029/2030
$2,766,400 2030/2031
Notwithstanding the foregoing, the above
levies of Debt Service Taxes shall not be
made unless and until such time as the Issuer
determines there has been (or will be) a Short-
fall and includes all or a portion of such levy
amounts in its annual budget under subsection
(c) of this Section 2.1.
(c) Determination and Funding of
Shortfall. In the event that the amounts
on deposit in the Sinking Fund, Debt
Service Reserve Account and Addi-
tional Projects Account on March 15 of
any year are not sufficient to make the
payments of the Principal of and inter-
est due on the Series 2015A Bonds on
the following June 1 and during the fol-
lowing Fiscal Year (the difference be-
tween such available amounts and the
amounts due on the Series 2015A
Bonds on such dates being referred to
herein as a "Shortfall"), the Issuer
presently intends to include within its
budget for that Fiscal Year a levy of
Debt Service Taxes in such amount as
may be necessary to make up the
Shortfall and timely pay the full amount
of the Principal of and interest due on
the Series 2015A Bonds on the follow-
ing June 1 and during such Fiscal Year,
and for that purpose has authorized the
stand-by levy set forth in subsection (b)
above; provided, however, that this
stand-by levy and expression of current
intent does not create and shall not be
construed as creating a general, legal
or enforceable obligation of the Issuer
to levy such taxes and appropriate
such funds for any Fiscal Year, and the
decision to levy such taxes and appro-
priate such funds for a Fiscal Year to
make up a Shortfall shall be made in
the sole discretion of the then current
Governing Body of the Issuer.
On or before March 15 of each year
the Governing Body by resolution shall
determine whether or not to include
within its budget a levy of Debt Service
Taxes for the next succeeding Fiscal
Year for the purpose of making up a
Shortfall. If the Governing Body deter-
mines to budget for such a levy and
appropriate Debt Service Taxes for the
foregoing purposes for such Fiscal
Year, the Issuer shall collect such
amounts into the debt service fund of
the Issuer and thereafter transfer the
same to the Sinking Fund for applica-
tion to the payment of Principal of and
interest on the Series 2015A Bonds
during such Fiscal Year and/or to the
Debt Service Reserve Account to re-
plenish the same.
(d) Non-Appropriation. Notwithstanding
anything in this Series 2015A Resolu-
tion to the contrary, the levy, collection
and transfer of Debt Service Taxes for
the payments of any portion of the
Principal and interest due on the Series
2015A Bonds permitted under this sec-
tion shall not constitute a mandatory
charge or a requirement in any ensuing
Fiscal Year beyond the then current
Fiscal Year for which the Issuer has de-
termined to make such a levy and ap-
propriated the funds thereby received
as described herein, and the Issuer
shall have no continuing obligation to
budget for, levy, collect or transfer Debt
Service Taxes to the Flood Project
Fund for the payment of any portion of
the Principal of or interest due on the
Series 2015A Bonds, and no provision
of this Series 2015A Resolution or the
Series 2015A Bonds shall be construed
or interpreted as creating a general ob-
ligation of the Issuer or other financial
obligation of the Issuer for any future
Fiscal Year or a debt within the mean-
ing of any constitutional or statutory
debt limitation. The right reserved to
the Issuer to levy Debt Service Taxes
for the payments of Principal of and in-
terest on the Series 2015A Bonds shall
be subject at all times to Non-
Appropriation by the Governing Body. If
a Shortfall will occur in any Fiscal Year,
and in the event the Governing Body
Book 145 Regular Session, May 18, 2015 175
does not budget for, levy and appropri-
ate Debt Service Taxes for such Fiscal
Year in amounts sufficient to meet the
payments of Principal of and interest
due on the Series 2015A Bonds during
such Fiscal Year, the Issuer's obliga-
tions under the Series 2015A Bonds
shall be limited to the funds held on
deposit from time to time in the Flood
Project Fund. The Issuer shall give no-
tice to the Original Purchaser of any
Non-Appropriation. Upon the occur-
rence of any such Non-Appropriation,
the Issuer shall not be obligated to
make payment from any source of any
amounts in respect of Principal and in-
terest due on the Series 2015A Bonds
beyond those amounts otherwise held
on deposit from time to time in the
Flood Project Fund, and no Event of
Default shall be deemed to have oc-
curred under Section 10.1 of the Mas-
ter Resolution, and the Issuer shall not
be liable to the holders of the Series
2015A Bonds for any remaining
amounts due on the Series 2015A
Bonds or for any costs, damages (in-
cluding but not limited to consequential
damages) or expenses incurred by the
holders of the Series 2015A Bonds as
a result of the exercise by the Issuer of
the foregoing right of Non-
Appropriation, so long as the Issuer
otherwise applies the amounts held on
deposit from time to time in the Flood
Project Fund for that purpose.
(e) Certification to County. Prior to
the issuance and delivery of the Series
2015A Bonds a certified copy of this
Series 2015A Resolution shall be filed
in the office of the County Auditor of
Dubuque County to evidence the Issu-
er's pledge (subject to non-
appropriation) of the Debt Service Tax-
es described herein.
Section 2.2. Appointment of Registrar.
Wells Fargo Bank, N.A. is hereby appointed as
Registrar and Paying Agent for the Series
2015A Bonds under the terms of this Series
2015A Resolution.
Section 2.3. Execution, Authentication and
Delivery of the Series 2015A Bonds. Upon the
adoption of this Series 2015A Resolution, the
Mayor and City Clerk shall execute and deliver
the Series 2015A Bonds to the Registrar, who
shall authenticate the same and deliver the
same to or upon order of the Original Pur-
chaser. No such Series 2015A Bond shall be
valid or obligatory for any purpose or shall be
entitled to any right or benefit hereunder un-
less the Registrar shall duly endorse and exe-
cute on such Series 2015A Bond a Certificate
of Authentication substantially in the form of
the Certificate herein set forth. Such Certificate
upon any such Series 2015A Bond executed
on behalf of the Issuer shall be conclusive
evidence that the Series 2015A Bond so au-
thenticated has been duly issued under this
Series 2015A Resolution and that the holder
thereof is entitled to the benefits of this Series
2015A Resolution.
ARTICLE III - REDEMPTION OF BONDS
Section 3.1. Optional Redemption. The Se-
ries 2015A Bonds maturing on or after June 1,
2026 may be called for redemption by the Is-
suer and paid before maturity on June 1, 2025
or any date thereafter, from any funds regard-
less of source, in whole or in part, in any order
of maturity and within an annual maturity by
lot. The terms of any redemption shall be par,
plus accrued interest to date of call.
ARTICLE IV - DELIVERY AND APPLICA-
TION OF PROCEEDS
Section 4.1. Application of Series 2015A
Bond Proceeds. The Series 2015A Bonds
shall be delivered as provided in Sections 6.1
and 6.2 and the proceeds thereof shall be ap-
plied as follows:
(i) An amount sufficient to pay the
Costs of Issuance of the Series
2015A Bonds shall be deposited into
the Series 2015A Costs of Issuance
Account.
(ii) An amount equal to the Debt Ser-
vice Reserve Requirement for the Se-
ries 2015A Bonds shall be deposited
into the Debt Service Reserve Ac-
count.
(iii) The amount of $1,495,641.39
shall be deposited into the Capital-
ized Interest Subaccount of the Bond
Principal and Interest Account and
used to pay interest on the Series
2015A Bonds through June 1, 2017.
(iv) The balance of proceeds shall be
deposited into the Series 2015A Pro-
jects Account of the Project Fund and
applied thereafter to pay Project
Costs of the Series 2015A Projects.
Section 4.2. Debt Service Reserve Re-
quirement. The Series 2015A Bonds shall be
secured by and payable from amounts held on
deposit in the Debt Service Reserve Account
established under the Master Resolution. The
Debt Service Reserve Requirement for the
Series 2015A Bonds shall be equal to
$2,080,000.
ARTICLE V - TAX PROVISIONS
Section 5.1. Disposition of Bond Proceeds;
Arbitrage Not Permitted. The Issuer reasona-
bly expects and covenants that no use will be
made of the proceeds from the issuance and
sale of the Series 2015A Bonds issued here-
under which will cause any of the Series
2015A Bonds to be classified as arbitrage
bonds within the meaning of Section 148(a)
176 Regular Session, May 18, 2015 Book 145
and (b) of the Code, and that throughout the
term of said Series 2015A Bonds it will comply
with the requirements of said statute and regu-
lations issued thereunder.
To the best knowledge and belief of the Is-
suer, there are no facts or circumstances that
would materially change the foregoing state-
ments or the conclusion that it is not expected
that the proceeds of the Series 2015A Bonds
will be used in a manner that would cause
such Bonds to be arbitrage bonds. Without
limiting the generality of the foregoing, the
Issuer hereby agrees to comply with the provi-
sions of the Tax Exemption Certificate and the
provisions of the Tax Exemption Certificate are
hereby incorporated by reference as part of
this Series 2015A Resolution. The Treasurer is
hereby directed to make and insert all calcula-
tions and determinations necessary to com-
plete the Tax Exemption Certificate in all re-
spects and to execute and deliver the Tax Ex-
emption Certificate at issuance of the Series
2015A Bonds to certify as to the reasonable
expectations and covenants of the Issuer at
that date.
The Issuer covenants that it will treat as
yield restricted any proceeds of the Series
2015A Bonds remaining unexpended after
three years from the issuance and any other
funds required by the Tax Exemption Certifi-
cate to be so treated. If any investments are
held with respect to the Series 2015A Bonds,
the Issuer shall treat the same for the purpose
of restricted yield as held in proportion to the
original principal amounts of each issue.
The Issuer covenants that it will exceed
any investment yield restriction provided in this
Series 2015A Resolution only in the event that
it shall first obtain an opinion of bond counsel
that the proposed investment action will not
cause the Series 2015A Bonds to be classified
as arbitrage bonds under Section 148(a) and
(b) of the Code.
The Issuer covenants that it will proceed
with due diligence to spend the proceeds of
the Series 2015A Bonds for the purpose set
forth in this Series 2015A Resolution. The Is-
suer further covenants that it will make no
change in the use of the proceeds available for
the construction of facilities or change in the
use of any portion of the facilities constructed
therefrom by persons other than the Issuer or
the general public unless it has obtained an
opinion of bond counsel or a revenue ruling
that the proposed project or use will not be of
such character as to cause interest on any of
the Series 2015A Bonds not to be exempt from
federal income taxes in the hands of holders
under the provisions of the Code.
Section 5.2. Additional Covenants, Repre-
sentations and Warranties of the Issuer. The
Issuer certifies and covenants with the pur-
chasers and holders of the Series 2015A
Bonds from time to time outstanding that the
Issuer through its officers, (a) will make such
further specific covenants, representations and
assurances as may be necessary or advisable;
(b) comply with all representations, covenants
and assurances contained in the Tax Exemp-
tion Certificate, which Tax Exemption Certifi-
cate shall constitute a part of the contract be-
tween the Issuer and the owners of the Series
2015A Bonds; (c) consult with bond counsel
(as defined in the Tax Exemption Certificate);
(d) pay to the United States, as necessary,
such sums of money representing required
rebates of excess arbitrage profits relating to
the Series 2015A Bonds; (e) file such forms,
statements and supporting documents as may
be required and in a timely manner; and (f) if
deemed necessary or advisable by its officers,
to employ and pay fiscal agents, financial ad-
visors, attorneys and other persons to assist
the Issuer in such compliance.
ARTICLE VI - MISCELLANEOUS PROVI-
SIONS
Section 6.1. Delivery of Series 2015A
Bonds. The Issuer shall deliver the executed
Series 2015A Bonds to or upon order of the
Original Purchaser in accordance with, and at
the price set forth in, the Bond Purchase
Agreement.
Section 6.2. Continuing Disclosure. The Is-
suer hereby covenants and agrees that it will
comply with and carry out all of the provisions
of the Continuing Disclosure Certificate, and
the provisions of the Continuing Disclosure
Certificate are hereby approved and incorpo-
rated by reference as part of this Resolution
and made a part hereof and the Mayor and
City Clerk are hereby authorized to execute
and deliver the same at issuance of the Series
2015A Bonds. Notwithstanding any other pro-
vision of this Resolution, failure of the Issuer to
comply with the Continuing Disclosure Certifi-
cate shall not be considered an event of de-
fault under this Resolution; however, any hold-
er of the Series 2015A Bonds or Beneficial
Owner may take such actions as may be nec-
essary and appropriate, including seeking
specific performance by court order, to cause
the Issuer to comply with its obligations under
the Continuing Disclosure Certificate. For pur-
poses of this Section, "Beneficial Owner"
means any person which (a) has the power,
directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, any
Series 2015A Bonds (including persons hold-
ing Series 2015A Bonds through nominees,
depositories or other intermediaries), or (b) is
treated as the owner of any such Bonds for
federal income tax purposes.
Section 6.3. Official Statement. The use
and distribution of the Preliminary Official
Statement is hereby authorized and approved,
and the execution and delivery of the Official
Book 145 Regular Session, May 18, 2015 177
Statement in final form shall be and is hereby
authorized, ratified, confirmed, and approved.
The Budget Director is hereby authorized and
directed to ratify, confirm, approve, execute,
and deliver the Official Statement on behalf of
the Issuer, and the execution of the Official
Statement by the Budget Director shall consti-
tute conclusive evidence of each such officer's
ratification, confirmation, approval, and deliv-
ery thereof on behalf of the Issuer.
Section 6.4. Registrar and Paying Agent
Agreement. The Registrar and Paying Agree-
ment between the Issuer and Wells Fargo
Bank, N.A. with respect to the Series 2015A
Bonds is hereby approved, and the Mayor and
City Clerk are hereby authorized and directed
to execute and deliver the same on behalf of
the Issuer.
Section 6.5. General Authorization. From
and after the date of adoption of this Series
2015A Resolution, the officers, employees and
agents of the Issuer are hereby authorized to
do all such acts and things and to execute and
deliver any and all other documents, agree-
ments, certificates and instruments relating to
the Series 2015A Bonds, the investment of the
proceeds thereof and the other transactions
contemplated on the part of the Issuer by this
Series 2015A Resolution, including, but not
limited to, the Tax Exemption Certificate re-
ferred to in Section 5.1 hereof.
Section 6.6. Construction. Except to the
extent set forth herein, all of the applicable
terms, conditions and provisions of the Master
Resolution relating to Senior Bonds shall be
deemed and construed to apply to the Series
2015A Bonds to the same extent as if fully set
forth herein. Except as may otherwise be pro-
vided herein, the Master Resolution shall re-
main in full force and effect and applicable to
the Series 2015A Bonds.
Section 6.7. Severability. If any section,
paragraph, or provision of this Series 2015A
Resolution shall be held to be invalid or unen-
forceable for any reason, the invalidity or un-
enforceability of such section, paragraph or
provision shall not affect any of the remaining
provisions.
Section 6.8. Repeal of Conflicting Ordi-
nances or Resolutions and Effective Date. All
other ordinances, resolutions and orders, or
parts thereof, in conflict with the provisions of
this Series 2015A Resolution are, to the extent
of such conflict, hereby repealed; and this Se-
ries 2015A Resolution shall be in effect from
and after its adoption.
Passed, approved and adopted this 18th
day of May, 2015.
Lynn Sutton, Mayor-Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
7. Housing Choice Voucher Administrative
Plan: City Manager recommending approval of
the draft Administrative Plan for the Housing
Choice Voucher Program which has been ap-
proved by the Resident Advisory Board, the
Housing Commission and the U.S. Housing
and Urban Development (HUD) Office of Fair
Housing and Equal Opportunity. Motion by
Braig to receive and file the documents and
approve the recommendation. Seconded by
Lynch. Community Development Director Alvin
Nash responded to questions regarding the
effect of convictions and minor offenses on
rental applicants. Motion carried 7-0.
8. Grandview Avenue Flower Gardens:
City manager recommending approval of
Gwen Kossel and others request to plant and
maintain perennials in the flower beds in the
Grandview Avenue and Plymouth Court boule-
vards. Motion by Connors to receive and file
the documents and approve the recommenda-
tion. Seconded by Braig. Motion carried 7-0.
9. Code of Ordinances Amendment - Title
10 Public Ways and Property repealing Sec-
tion 10-5B-23 related to sledding: Motion by
Jones to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Lynch. Motion carried 7-
0.
Motion by Jones for final consideration and
passage of Ordinance No. 36-15 Amending
City of Dubuque Code of Ordinances Title 10
Public Ways and Property, Chapter 5 Parks
and Recreation, Article B Use Regulations, by
Repealing Section 10-5B-23 Sledding and
Other Snow Activities Prohibited. Seconded by
Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 36-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 5 PARKS AND
RECREATION, ARTICLE B USE REGULA-
TIONS, BY REPEALING SECTION 10-5B-23
SLEDDING AND OTHER SNOW ACTIVITIES
PROHIBITED
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordi-
nances Section 10-5B-23 is hereby repealed
as follows:
10-5B-23: RESERVED:
Section 2. This ordinance takes effect upon
publication.
Passed, approved and adopted the 18th
day of May, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
178 Regular Session, May 18, 2015 Book 145
Published officially in the Telegraph Herald
newspaper on the 22nd day of May, 2015.
Attest: /s/Kevin S. Firnstahl, City Clerk
10. Code of Ordinances Amendment - Title
2 Boards and Commissions, Chapter 3 In-
vestment Oversight Advisory Commission: City
manager recommending approval of an
amendment to the City of Dubuque ordinance
for the Investment Oversight Advisory Com-
mission. Motion by Connors to receive and file
the documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Lynch. Motion car-
ried 7-0.
Motion by Connors for final consideration
and passage of Ordinance No. 29-15 Amend-
ing City of Dubuque Code of Ordinances Title
2 Boards and Commissions, Chapter 3 In-
vestment Oversight Advisory Commission,
Section 2-3-12 Removal, by Eliminating the
Public Hearing Requirement for Removal of a
Commissioner. Seconded by Lynch. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 29-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS, CHAPTER 3 INVESTMENT
OVERSIGHT ADVISORY COMMISSION,
SECTION 2-3-12 REMOVAL, BY ELIMINAT-
ING THE PUBLIC HEARING REQUIREMENT
FOR REMOVAL OF A COMMISSIONER
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 2-3-12 of the City of
Dubuque Code of Ordinances is hereby
amended as follows:
2-3-12: REMOVAL:
Except as provided in 2-3-10(D)(1), the city
council may remove any commissioner for
good cause.
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 18th
day of May, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 22nd day of May, 2015.
Attest: /s/Kevin S. Firnstahl, City Clerk
11. Code of Ordinances Amendment - Title
2 Boards and Commissions, Chapter 6 Envi-
ronmental Stewardship Advisory Commission:
City Manager recommending approval of an
amendment to the City of Dubuque ordinance
for the Environmental Stewardship Advisory
Commission. Motion by Connors to receive
and file the documents and that the require-
ment that a proposed ordinance be considered
and voted on for passage at two Council meet-
ings prior to the meeting at which it is to be
passed be suspended. Seconded by Lynch.
Motion carried 7-0.
Motion by Connors for final consideration
and passage of Ordinance No. 30-15 Amend-
ing City of Dubuque Code of Ordinances Title
2 Boards and Commissions, Chapter 6 Envi-
ronmental Stewardship Advisory Commission,
Section 2-6-12 Removal, by eliminating the
public hearing requirement for removal of a
commissioner. Seconded by Lynch. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 30-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS, CHAPTER 6 ENVIRON-
MENTAL STEWARDSHIP ADVISORY COM-
MISSION, SECTION 2-6-12 REMOVAL, BY
ELIMINATING THE PUBLIC HEARING RE-
QUIREMENT FOR REMOVAL OF A COM-
MISSIONER
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 2-6-12 of the City of
Dubuque Code of Ordinances is hereby
amended as follows:
2-6-12: REMOVAL:
Except as provided in 2-6-10(D)(1), the city
council may remove any commissioner for
good cause.
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 18th
day of May, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 22nd day of May, 2015.
Attest: /s/Kevin S. Firnstahl, City Clerk
12. Code of Ordinances Amendment - Title
2 Boards and Commissions, Chapter 8 Arts
and Cultural Affairs Advisory Commission: City
Manager recommending approval of an
amendment to the City of Dubuque ordinance
for the Arts and Cultural Affairs Advisory
Commission. Motion by Jones to receive and
file the documents and that the requirement
that a proposed ordinance be considered and
voted on for passage at two Council meetings
prior to the meeting at which it is to be passed
be suspended. Seconded by Resnick. Motion
carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 31-15 Amending
City of Dubuque Code of Ordinances Title 2
Boards and Commissions, Chapter 8 Arts and
Book 145 Regular Session, May 18, 2015 179
Cultural Affairs Advisory Commission, Section
2-8-12 Removal, by eliminating the public
hearing requirement for removal of a commis-
sioner. Seconded by Resnick. Motion carried
7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 31-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS, CHAPTER 8 ARTS AND
CULTURAL AFFAIRS ADVISORY COMMIS-
SION, SECTION 2-8-12 REMOVAL, BY
ELIMINATING THE PUBLIC HEARING RE-
QUIREMENT FOR REMOVAL OF A COM-
MISSIONER
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 2-8-12 of the City of
Dubuque Code of Ordinances is hereby
amended as follows:
2-8-12: REMOVAL:
Except as provided in 2-8-10(D)(1), the
City Council may remove any commissioner
for good cause.
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 18th
day of May, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 22nd day of May, 2015.
Attest: /s/Kevin S. Firnstahl, City Clerk
13. Code of Ordinances Amendment - Title
5 Transit System, Chapter 1 Transit Advisory
Board: City Manager recommending approval
of an amendment to the City of Dubuque ordi-
nance for the Transit Advisory Board. Motion
by Connors to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Lynch. Motion carried 7-0.
Motion by Connors for final consideration
and passage of Ordinance No. 32-15 Amend-
ing City of Dubuque Code of Ordinances Title
5 Transit System, Chapter 1 Transit Advisory
Board, Section 5-1-12 Removal, by eliminating
the public hearing requirement for removal of a
member. Seconded by Lynch. Motion carried
7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 32-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 5 TRANSIT SYSTEM,
CHAPTER 1 TRANSIT ADVISORY BOARD,
SECTION 5-1-12 REMOVAL, BY ELIMINAT-
ING THE PUBLIC HEARING REQUIREMENT
FOR REMOVAL OF A MEMBER
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 5-1-12 of the City of
Dubuque Code of Ordinances is hereby
amended as follows:
Except as provided in 5-1-10(D)(1), the city
council may remove any member for good
cause.
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 18th
day of May, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 22nd day of May, 2015.
Attest: /s/Kevin S. Firnstahl, City Clerk
14. Code of Ordinances Amendment- Title
14 Building and Development, Chapter 1
Building Codes, Article D Electrical Code: City
Manager recommending approval of an
amendment to the City of Dubuque ordinance
for the Electrical Code Board. Motion by Jones
to receive and file the documents and that the
requirement that a proposed ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by
Resnick. Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 33-15 Amending
City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building
Codes, Article D Electrical Code, Section 14-
1D-3 Electrical Code Board, by eliminating the
public hearing requirement for removal of a
member. Seconded by Resnick. Motion carried
7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 33-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING
CODES, ARTICLE D ELECTRICAL CODE,
SECTION 14-1D-3 ELECTRICAL CODE
BOARD, BY ELIMINATING THE PUBLIC
HEARING REQUIREMENT FOR REMOVAL
OF A MEMBER
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1D-3 of the City of
Dubuque Code of Ordinances is hereby
amended as follows:
14-1D-3: ELECTRICAL CODE BOARD:
. . . .
L. Removal: Except as provided in J(4)(a),
the city council may remove any member for
good cause.
. . . .
180 Regular Session, May 18, 2015 Book 145
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 18th
day of May, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 22nd day of May, 2015.
Attest: /s/Kevin S. Firnstahl, City Clerk
15. Code of Ordinances Amendment - Title
6 Health, Housing, Sanitation and Environ-
ment, Chapter 6 Housing Regulations: City
Manager recommending approval of an
amendment to the City of Dubuque ordinance
for the Housing Code Appeals Board. Motion
by Connors to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Braig. Motion carried 7-0.
Motion by Connors for final consideration
and passage of Ordinance No. 34-15 Amend-
ing City of Dubuque Code of Ordinances Title
6 Health, Housing, Sanitation and Environ-
ment, Chapter 6 Housing Regulations, Section
6-6-8 Housing Code Appeals Board, by elimi-
nating the public hearing requirement for re-
moval of a commissioner. Seconded by Braig.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 34-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 6 HEALTH, HOUSING,
SANITATION AND ENVIRONMENT, CHAP-
TER 6 HOUSING REGULATIONS, SECTION
6-6-8 HOUSING CODE APPEALS BOARD,
BY ELIMINATING THE PUBLIC HEARING
REQUIREMENT FOR REMOVAL OF A
COMMISSIONER
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-6-8 of the City of
Dubuque Code of Ordinances is hereby
amended as follows:
6-6-8: Housing Code Appeals Board:
. . . .
L. Removal: Except as provided in J(4)(a),
the city council may remove any member for
good cause.
. . . .
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 18th
day of May, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 22nd day of May, 2015.
Attest: /s/Kevin S. Firnstahl, City Clerk
16. Request for Work Session - Voluntary
Compliance Agreement (VCA) Action Plan:
City Manager recommending a work session
be scheduled for Monday, June 15, 2015 at
5:15 PM to review the Analysis of Impediments
and Voluntary Compliance Agreement (VCA)
Action Plan. Motion by Lynch to receive and
file the documents and set the work session as
recommended. Seconded by Connors. Motion
carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Braig acknowledged
Joyce Connors for receiving the Ann Michalski
service Award on May 16.
Council Member Jones acknowledge
Mayor Roy Buol for receiving the Tourism
Supporter Award.
PUBLIC INPUT
North End Neighborhood Association Pres-
ident Chuck Harris, 2473 Jackson St., thanked
the City Council for their efforts related to the
Bee Branch Creek Restoration Project.
There being no further business, upon mo-
tion the City Council adjourned at 9:09 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
Book 145 Regular Session, June 1, 2015 181
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on June 1, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members
Connors, Jones, Lynch, Resnick, Sutton; City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Braig
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.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
LGBT+ Pride Month (June 2015) was ac-
cepted by Jessi Perry on behalf of Rainbow
Pride, Peer Support Specialist for Hillcrest
Family Services, 225 W. 6th St.;
Juneteenth Celebration Day (June 20,
2015) was accepted by Mayor Buol;
Apples for Students Months (June/July
2015) was accepted by Beth McGory, Out-
reach Coordinator for St. Mark Youth Enrich-
ment Center, 1201 Locust St.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Connors.
Motion carried 6-0.
1. Minutes and Reports Submitted: City
Council Proceedings of 5/18; Civil Service
Commission of 5/20; Housing Code Appeals
Board of 3/17; Housing Trust Fund Advisory
Committee of 5/14; Park and Recreation
Commission of 5/12; Proof of Publication for
City Council Proceedings of 5/4; Proof of Pub-
lication for List of Claims and Summary of
Revenues for Month Ending 3/31; Proof of
Publication for the 2015 Water Quality Report;
Proof of Publication for Delinquent Utilities
Collection Accounts 5/15, 5/22. Upon motion
the documents were received and filed.
2. Notice of Claims and Suits: City of
Dubuque vs. Edward F. Davis et al; City of
Dubuque vs. Chad R. Hansen et al. Upon
motion the documents were received, filed
and referred to the City Attorney.
3. Government Finance Officers Associa-
tion (GFOA) - Certificate of Achievement: City
Manager transmitting the 27th consecutive
Certificate of Achievement for Excellence in
Financial Reporting from the Government
Finance Officers Association (GFOA) for Fis-
cal Year ended June 30, 2014. Upon motion
the documents were received and filed.
4. Final Plat North Fork Trails No. 5
(Phase II): City Manager recommending ap-
proval of the Final Plat of North Fork Trails
No. 5 as the submitted Final Plat is in compli-
ance with the City of Dubuque Unified Devel-
opment Code. Upon motion the documents
were received and filed and Resolution No.
182-15 Authorizing approval of the Final Plat
of North Fork Trails No. 5 in the City of Dubu-
que, Iowa was adopted.
RESOLUTION NO. 182-15
AUTHORIZING APPROVAL OF THE FINAL
PLAT OF NORTH FORK TRAILS NO. 5 IN
THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the
City Clerk a Final Plat of North Fork Trails No.
5 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears a
street to be known as Keymont Court (Lot A),
together with certain public utility, sanitary
sewer, storm sewer, storm water, and water
main easements, which the owner by said
final plat has dedicated to the public forever;
and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commis-
sion and its approval has been endorsed
thereon; and
Whereas, said final plat has been re-
viewed by the City Planner and her approval
has been endorsed thereon, subject to the
owner’s agreeing to the conditions specified
herein; and
Whereas, said final plat has been exam-
ined by the City Council and the City Council
find the final plat conforms to the applicable
statutes and ordinances, except that streets
and public utilities have not yet been com-
pletely constructed or installed.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Keymont
Court (Lot A) and the easements for public
utilities, sanitary sewer, storm sewer, storm
water, and water mains, as they appear on
said final plat, be and the same are hereby
accepted; and
Section 2. That the Final Plat of North Fork
Trails No. 5 is hereby approved and the
Mayor and City Clerk are hereby authorized
and directed to endorse the approval of the
City of Dubuque, Iowa upon said final plat,
182 Regular Session, June 1, 2015 Book 145
provided the owners of said property herein
named, execute their written acceptance of
the attached conditions and further agree:
(a) To reduce Keymont Court (Lot A)
to grade and to construct , concrete
curb and gutter with asphaltic con-
crete pavement or Portland Cement
concrete pavement with integral
curb, all in accordance with the City
of Dubuque standard specifications
in a manner acceptable to the City
Engineer, and in accordance with
construction improvement plans ap-
proved by the City Engineer, and in-
spected and approved by the City
Engineer.
(b) To install sanitary sewer mains
and sewer service laterals into each
individual lot, detention basins, water
mains and water service laterals into
each individual lot, storm sewers and
catch basins, boulevard street light-
ing, fiber optic conduit and vaults,
and erosion control devices all in ac-
cordance with the City of Dubuque
standard specifications in a manner
acceptable to the City Engineer, and
in accordance with construction im-
provement plans approved by the
City Engineer, and inspected and
approved by the City Engineer.
(c) To construct accessible sidewalk
ramps at the intersection of Keymont
Court with Keymont Drive all in ac-
cordance with current City of Dubu-
que standard specifications and
PROWAG guidelines in a manner
acceptable to the City Engineer, and
inspected and approved by the City
Engineer.
(d) To construct the improvements
outlined in (a), (b) and (c) above
within two years from the date of ac-
ceptance of this resolution, at the
sole expense of the owners, or future
owner.
(e) To maintain the improvements
outlined in (a), (b) and (c) above for a
period of two (2) years from the date
of the acceptance of those improve-
ments by the City Council of the City
of Dubuque, Iowa at the sole final
expense of the owners, or future
owner;
(f) To maintain the streets, except for
snow removal and deicing, until 80%
of the lots are improved. Mainte-
nance will consist of routine inspec-
tions, sweeping and/or vacuuming
any sediment from the void area or
subgrade, and adding material to the
void area as necessary. Mainte-
nance shall also include the removal
and replacement of pavers, as nec-
essary, to maintain the design gradi-
ent and design cross section of the
street.
(g) To provide security for the per-
formance of the foregoing conditions
specified in Section 16-11-24 of the
Unified Development Code in such
form and with such sureties as may
be acceptable to the City of Dubu-
que, Iowa;
Section 3. That sidewalk installation, ex-
cluding the accessible ramps noted in Section
2(c) above, shall be the responsibility of each
lot owner for each lot abutting the public
rights-of-way, including lots with multiple
frontages, as required by City Code Chapter
10-1-2 and 16-11-16 (Sidewalk Installation
and Repair). Sidewalk cross slopes shall be
less than 2% in accordance with the City of
Dubuque standard specifications.
Section 4. That the owner must continue
to own and maintain stormwater detention
basin (stone storage area under cul-de-sac)
until (1) the facility has been fully completed,
(2) 80% of the platted lots shown on the plat
of North Fork Trails No. 5 have been fully de-
veloped, and 3) adequate erosion control
measures, as approved by the City Engineer,
have been installed on the remaining 20% of
the said lots. Acceptance of the detention
facility must be approved by the City Council
as required by the Unified Development Code.
Upon the City’s acceptance of the detention
facility, the inspection, administrative and
maintenance expenses incurred by the City of
Dubuque for the storm water detention facility
(stone storage area under cul-de-sac) shall be
assessed against the property owners, except
the City of Dubuque, of all phases of North
Fork Trails Subdivision as indicated above
and on the preliminary plat, in equal amounts,
and the City Manager shall certify such costs
to the City Clerk, who in turn shall promptly
certify such costs to the Dubuque County
Treasurer, and such costs shall then be col-
lected with and in the same manner as gen-
eral property taxes in accordance with provi-
sions of law.
Section 5. That the planting of street trees
shall be coordinated with the City Forester. If
either the Developer or individual property
owner desires to plant street trees. Any trees
planted within the street right-of-way must be
chosen and planted by the City of Dubuque
Leisure Services Department at the develop-
er’s or property owner’s expense
Section 6. That the final acceptance of the
public improvements shall only occur upon
certification of the City Engineer to the City
Council that the public improvements have
been completed in accordance with the ap-
proved improvement plans and City standards
Book 145 Regular Session, June 1, 2015 183
and specifications and accepted by City
Council Resolution.
Section 7. That in the event 4-ALL, LLC
fails to execute the acceptance and furnish
the guarantees provided hereof within 180
days after the date of this Resolution, the pro-
visions hereof shall be null and void and the
acceptance of the dedication and approval the
plat shall not be effective.
Passed, approved and adopted this 1st
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 182-15
I, the undersigned, Tom Thompson, repre-
senting 4-ALL, LLC, having read the terms
and conditions of the Resolution No. 182-15
and being familiar with the conditions thereof,
hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this 1st day of June,
2015.
/s/Tom Thompson
4-ALL, LLC
5. Property Acquisition - Bee Branch Sub-
division No. 12 / Dubuque Community School
District: City Manager recommending approv-
al of the acquisition of Lot 2 of Bee Branch
Subdivision No. 12 – a portion of Audubon
School property, from the Dubuque Communi-
ty School District required to construct the
multi-use trail and for installation of the sani-
tary interceptor sewer as part of the Bee
Branch Creek Restoration Project. Upon mo-
tion the documents were received and filed
and Resolution No. 183-15 Approving the
acquisition of real estate owned by Dubuque
Community School District, in the City of
Dubuque and acceptance of the Deed to such
property was adopted.
RESOLUTION NO. 183-15
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY DUBUQUE COMMU-
NITY SCHOOL DISTRICT, IN THE CITY OF
DUBUQUE AND ACCEPTANCE OF THE
DEED TO SUCH PROPERTY
Whereas, the City of Dubuque intends to
acquire certain real estate (the Real Estate)
located immediately adjacent to the area of
the Bee Branch Creek Restoration Project for
stormwater mitigation activities as recom-
mended in the 2001 “Drainage Basin Master
Plan” as amended in 2013; and
Whereas, the Real Estate is not currently
part of or located within the Bee Branch Creek
Restoration Project; and
Whereas, the owner of the Real Estate
approached by the City of Dubuque and vol-
untarily agreed to sell to the City of Dubuque
property for addition to, but not currently part
of, the Bee Branch Creek Restoration Project;
and
Whereas, the 2008 Dubuque Comprehen-
sive Plan’s Transportation Goals calls for the
establishment of improved hike and bike
routes in the City of Dubuque to encourage
alternative modes of transportation; and
Whereas, the acquisition of the Real Es-
tate would provide space for the construction
of a hike/bike path connection between the
26-mile Heritage Trail and the City’s 14-mile
Mississippi Riverfront trail system; and
Whereas, the acquisition of the Real Es-
tate is a voluntarily negotiated purchase by
the City of Dubuque under Section 6B.1A of
the Code of Iowa, and is not an acquisition by
the City of Dubuque through its exercise of
the power of eminent domain under Chapter
6B of the Code of Iowa; and
Whereas, a purchase agreement has been
finalized with the owner of the Real Estate
scheduled for acquisition and an Acknowl-
edgment of Voluntary Negotiation has been
executed by the owner.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
hereby approves the acquisition of the follow-
ing legally described real estate pursuant to
the Agreement attached hereto:
LOT 2 of Bee Branch Subdivision
No. 12 (Exhibit A/Preliminary Plat
No. 4-1A-15), located in the City of
Dubuque, Iowa at the cost of Thir-
teen Thousand Three Hundred Four-
teen and 47/100 Dollars
($13,314.47).
Section 2. That the City of Dubuque be
and is hereby authorized to accept the War-
ranty Deed attached hereto from the owner,
conveying the owner’s interest to the City of
Dubuque, Iowa for the herein described real
estate.
Section 3. That the City Clerk be and is
hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of
the Dubuque County Recorder, together with
a certified copy of this Resolution.
Section 4. That the City Clerk be and is
hereby directed to forward a copy of this Res-
olution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 1st
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Specific and Aggregate Stop Loss In-
surance Renewal: City Manager recommend-
ing approval to accept the proposal presented
by AIG for Health and Prescription Drug Plans
184 Regular Session, June 1, 2015 Book 145
- Specific and Aggregate Stop Loss Insurance
for the plan year beginning July 1, 2015, and
ending June 30, 2016, and maintaining the
specific stop loss amount. Upon motion the
documents were received, filed and approved.
7. Dubuque Intermodal Transportation
Center (DITC) - Camera Surveillance System
Contract Award: City Manager recommending
award of the Dubuque Intermodal Transporta-
tion Center Camera Surveillance System Con-
tract to RACOM. Upon motion the documents
were received and filed and Resolution No.
184-15 Awarding public improvement contract
for camera equipment and installation for the
Dubuque Intermodal Transportation Center
was adopted.
RESOLUTION NO. 184-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR CAMERA EQUIPMENT AND
INSTALLATION FOR THE DUBUQUE IN-
TERMODAL TRANSPORTATION CENTER
Whereas, proposals have been submitted
by contractors for the Dubuque Intermodal
Transportation Center Camera Equipment
and Installation (the Project); and
Whereas, said proposals were opened
and read on the 12th day of May, 2015 and it
has been determined that RACOM of Dubu-
que, IA, with a bid in the amount of
$154,524.47, is the lowest responsive, re-
sponsible 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 RACOM and
the City Manager is hereby directed to exe-
cute a Public Improvement Contract on behalf
of the City of Dubuque for the Project.
Passed, approved and adopted this 1st
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Dubuque Intermodal Transportation
Center (DITC) - Gate Control Equipment Con-
tract Award: City Manager recommending
award of the Dubuque Intermodal Transporta-
tion Center Gate Control Equipment System
Contract to ParkingSoft Inc. Upon motion the
documents were received and filed and Reso-
lution No. 185-15 Awarding public improve-
ment contract for parking control equipment
and installation for the Dubuque Intermodal
Transportation Center was adopted.
RESOLUTION NO. 185-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR PARKING GATE CONTROL
EQUIPMENT AND INSTALLATION FOR
THE DUBUQUE INTERMODAL TRANS-
PORTATION CENTER
Whereas, proposals have been submitted
by contractors for the Dubuque Intermodal
Transportation Gate Control Equipment and
Installation (the Project); and
Whereas, said proposals were opened
and read on the 27th day of February, 2015
and it has been determined that ParkingSoft
Inc. of Norcross Georgia, with a bid in the
amount of $287,975.00, is the lowest respon-
sive, 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 ParkingSoft,
Inc. and the City Manager is hereby directed
to execute a Public Improvement Contract on
behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 1st
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. 2015 Access Ramp Installation Project
Two Award: City Manager recommending that
the 2015 Access Ramp Installation Project –
Project Two award to Midwest Concrete, Inc.,
be officially recorded in the City Council
minutes. Upon motion the documents were
received, filed and made a Matter of Record.
10. Environmental & Sustainable Man-
agement Systems (ESMS) Advisory Audit -
Municipal Services Center: City Manager
transmitting the final Environmental & Sus-
tainability Management Systems (ESMS) au-
dit conducted by a Virginia Tech trainer at the
Municipal Services Center. Upon motion the
documents were received and filed.
11. Eide Bailly Audit Engagement Agree-
ment: City Manager recommending approval
of the audit engagement agreement for year
ending June 30, 2015 audit from Eide Bailly.
Upon motion the documents were received,
filed and approved.
12. Owner-Occupancy Restrictive Cove-
nant - 595 Angella Street: City Manager rec-
ommending approval to attach a 21-year,
owner-occupancy restrictive covenant to
property located at 595 Angella Street prior to
the City's disposition of the property. Upon
motion the documents were received and filed
and Resolution No. 186-15 Attaching Owner
Occupancy Restrictive Covenant to 595 An-
gella Street was adopted.
RESOLUTION NO. 186-15
ATTACHING OWNER OCCUPANCY RE-
STRICTIVE COVENANT TO 595 ANGELLA
STREET
Book 145 Regular Session, June 1, 2015 185
Whereas, The City desires to attach re-
strictive covenants to 595 Angella Street prior
to disposal of said property; and
Whereas, said property will be disposed of
by the City and the City desires said property
to be owner-occupied for a period of twenty
one years after the sale.
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 approves the restrictive covenants
for 595 Angella, legally described as:
Lot 21 of Quigley’s Subdivision of
Out Lot 709, in the City of Dubuque,
Iowa.
Section 2. The Mayor is hereby authorized
and directed to sign this Resolution and the
Restrictive Covenant for the above described
real estate.
Section 3. The City is Clerk is hereby au-
thorized and directed to provide a certified
copy of this Resolution to the Building Ser-
vices Department for recording in the Office of
the Dubuque County Recorder.
Passed, approved and adopted this 1st
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Sales Tax Increment Revenue Bonds
(Annual Appropriation Property Tax Support-
ed), Senior Bond Series 2015A - Complete
Action: City Manager recommending approval
of the suggested proceedings to complete the
action required on the recent Series 2015A
Sales Tax Increment Revenue Bonds, which
will fund a portion of the Bee Branch Water-
shed Project. Upon motion the documents
were received, filed and approved.
14. Civil Service Commission: Civil Ser-
vice Commission submitting the Certified Lists
for the positions of Confidential Account Clerk
and Police Officer. Upon motion the docu-
ments were received and filed.
May 20, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Confidential Account Clerk was adminis-
tered on May 6, 2015. We hereby certify that
the individuals listed below have passed this
written examination and the vacancy for this
position should be made from this list and that
this list is good for two (2) years from above
date.
Confidential Account Clerk
1. Kathryn Hoffmann 17. Emily Stecher
2. Sabrina Stricker 18. Dawn Weber
3. Emmanuel Morales 19. Carla Pfab
4. Paula Hardin 20. Joshua Saul
5. Elaine Huinker 21. Bradley Huekels
6. Lori Brock 22. Thomas Jarrard
7. Wendy Smith 23. Kelly Begle
8. Jane Glennon 24. Sara Luchtenburg
9. Sherry Driscoll 25. Carrie Schreyer
10. Julie Husemann 26. Matthew Miller
11. Julie Roling 27. Yvette Bahena
12. Sarah Pfab 28. Brian Gomoll
13. JoAnn Blakeman 29. Joyce Hancock
14. Ann Kurt 30. Elizabeth Oberhoffer
15. Christine Selchertl 31. Tara Welty
16. Ellen Ernst 32. Lowell Davis 33. Kristen Laughlin
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
May 20, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Police Officer was administered on March
21, 2015. We hereby certify that the individu-
als listed below have passed this written ex-
amination and the vacancy for this position
should be made from this list and that this list
is good until April 30, 2016.
Police Officer
1. Chad Crabill 18. Logan Boltz
2. Sade Pointer 19. Stephanie Tranmer
3. Thomas Warner 20. Erick Merfeld
4. Bradley Reed 21.Christopher DeWitte
5. Jeffrey Schmidt 22. Joseph Valenti
6. Samuel White 23. Jwan Brookins
7. Gabriel Kalkbrenner 24. Ryan Sheley
8. Ian Compton 25. Joseph Fleckenstein
9. Schaun Juchter 26. Courtney Dalton
10. Matthew Small 27. Patrick Helbing
11. Taylor Amlin 28. Jason Goerdt
12. Jennifer Schindler 29. Nicholas Rollinsl
13. Colton Fields 30. Kurt Runde
14. Evan Smith 31. Riley Reeves
15. Paul Curl 32. Dustin Mooty
16. Dixiana Cruz 33. Kyle Huseman
17. Kenneth Voorhees 34. Todd Sines
Respectfully Submitted,
/s/Daniel White, Chairperson
Civil Service Commission
15. Signed Contracts: Dubuque Metropoli-
tan Area Solid Waste Agency (DMASWA)
Waste Delivery Contract 2015-2018; Dubuque
Water Sports Club Lease Agreement 2015-
2016; Area Residential Care, Inc., Vocational
Services Agreement 2015; Choo Choo Char-
lie's Pool Concession Agreement 2015. Upon
motion the documents were received and
filed.
16. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Top Grade
186 Regular Session, June 1, 2015 Book 145
Excavating for the Catfish Creek (Middle Fork)
Sanitary Sewer Emergency Repair Project;
Drew Cook & Son's Excavating for Storm
Sewer Extension 810-1015 Cedar Cross
Road; Portzen Construction for the Upper Bee
Branch Creek Channel, Streets & Utilities
Project. Upon motion the documents were
received, filed and approved.
17. Alcohol Compliance Civil Penalty for
Alcohol License Holder – The Lift: City Man-
ager recommending approval of the Acknowl-
edgment/Settlement Agreement for an alcohol
compliance violation for The Lift, 180 Main
Street. Upon motion the documents were re-
ceived, filed and approved.
18. Alcohol and Tobacco License Renewal
Applications: City Manager recommending
approval of annual liquor, beer, wine and to-
bacco license applications as submitted. Upon
motion the documents were received and filed
and Resolution No. 187-15 Approving applica-
tions for beer, liquor, and/or wine permits, as
required by City of Dubuque Code of Ordi-
nances Title 4 Business and License Regula-
tions, Chapter 2 Liquor Control, Article B Liq-
uor, Beer and Wine Licenses and Permits;
and Resolution No. 188-15 Approving applica-
tions for retail cigarette/tobacco sales permits,
as required by Iowa Code 453A.47A were
adopted.
RESOLUTION NO. 187-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 2
LIQUOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted
and filed with the City Council for approval
and the same have been examined and 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 re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Dubuque Bowling Lanes, 1029 1/2 Main St.,
Class C Liquor (Sunday)
Kwik Star #236, 2035 JFK Rd., Class C Beer,
Class B Native Wine (Sunday)
Pioneers Rest Stop, 4900 Old Highway Rd.,
Class C Beer (Sunday)
Walgreens #11942, 345 E 20th St, Class E
Liquor, Class B Wine, Class C Beer (Sun-
day)
Passed, approved and adopted this 1st
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 188-15
APPROVING APPLICATIONS FOR RETAIL
CIGARETTE / TOBACCO SALES PERMITS,
AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Ciga-
rette/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 author-
ized and directed to cause to be issued the
following named applicants and locations for
cigarette/tobacco sales permit.
Beecher Co. Inc., 1691 Asbury Rd.
Bunker Hill Golf Course, 2200 Bunker Hill
Rd.
Casey's General #2420, 2699 Rockdale
Casey's General #2421, 4003 Peru Rd.
Dave's Downtown Conoco, 500 Locust St.
Diamond Jo Casino, 301 Bell St.
Dollar General #10074, 2400 Gateway Dr.
Dollar General #6896, 605 West Locust
St.
Dollar General #7289, 3250 Kennedy Cir
Dubuque Mining Co., 555 JFK Rd.
Eagle Country Market, 1800 Elm St
Family Dollar Store of Iowa #1599, 2013
Central Ave #4
Family Mart Inc., 3201 Central
Fareway Stores #114, 2050 JFK Blvd
Hammerheads Bar and Billiards, 2095
Kerper Blvd. Suite #2
Hometown Cash Advance, 3416 Pennsyl-
vania Ave #4
Hy-Vee C Store #1, 3270 Dodge St
Hy-Vee Food Store #3, 400 S. Locust St.
Hy-Vee Food Store #1, 3500 Dodge St.
Hy-Vee Food Store #2, 2395 NW Arterial
Hy-Vee Gas #2, 2435 NW Arterial
Hy-Vee Gas #3, 300 S. Locust St
Hy-Vee Wine & Spirits #1, 3500 Dodge St.
Iowa Street Market, 1256 Iowa St
Book 145 Regular Session, June 1, 2015 187
Kmart #4018, 2600 Dodge St.
Kwik Star #236, 2035 John F. Kennedy
Rd.
Kwik Star #495, 2685 Dodge St.
Kwik Stop, 1210 E. 16th St.
Kwik Stop, 1215 East 16th Street
Kwik Stop, 2150 Twin Valley Dr.
Kwik Stop, 2335 University Ave
Kwik Stop, 4039 Pennsylvania
Kwik Stop, 2320 HWY 61
Kwik Stop, 2390 Central Ave
Kwik Stop, 2255 Kerper Blvd.
Kwik Stop, 1200 Cedar Cross Rd.
Lucky 13, 385 East 13th St.
McCann's Service Inc., 690 West Locust
St
Midwest Vapors, 2600 Dodge St. Suite C3
Monks Kaffee Pub, 373 Bluff St.
MoonDog Music, 806 Wacker Dr. #120
Mystique Casino, 1855 Greyhound Park
Dr.
Oky Doky #8, 535 Hill St.
Phillips 66/Arby's, 10 South Main St
Pioneer's Rest Stop, 4900 Old Hwy Rd.
Plaza 20 BP/Amoco, 2600 Dodge St.
Port of Dubuque Marina, 450 East Third
St.
Road Ranger #5159, 2175 Central Ave
Ron's 5 Point Mart, 405 Rhomberg Ave
Ron’s Discount Smokes and Beverage
Center, 3300 Asbury Rd.
Ron’s Discount Smokes and Beverage
Center, 1450 Loras Blvd.
Spencer Gifts, 555 John F. Kennedy Rd.
Super Stop III, 1101 Rhomberg Ave
The Great Vape, 3250 Central
The Konnexion, 1099 University Ave
Tobacco Outlet Plus #504, 806 Wacker
Dr.
Vapor City Outlet, 3330 Asbury Rd.
Walgreens #11942, 345 East 20th St.
Walgreens #6154, 2260 JFK Rd.
Walgreens #9708, 55 JFK Rd.
Walnut Tap, 709 University Ave
Passed, approved and adopted this 1st
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the
public hearings as indicated, and direct the
City Clerk to publish notice as prescribed by
law. Seconded by Connors. Motion carried 6-
0.
1. SRF Green Alley Project Bid Set 2 -
Year 3: City Manager recommending prelimi-
nary approval of the Resolution of Necessity
and Preliminary Schedule of Assessments,
set July 6, 2015 as the date for public hearing
and authorize the City Clerk to advertise for
bid proposals on the SRF Green Alley Bid Set
2 – Year 3 Project. Upon motion the docu-
ments were received and filed and Resolution
No. 189-15 Preliminary approval of plans,
specifications, form of contract, and estimated
cost; setting date of public hearing on plans,
specifications, form of contract, and estimated
cost; and ordering the advertisement for bids;
Resolution No. 190-15 Approving the Plats,
Schedule of Assessments and estimate of
total cost for the SRF Green Alley Bid Set 2 -
Year 3 Project; Resolution No. 191-15 Reso-
lution of Necessity for the SRF Green Alley
Bid Set 2 - Year 3 Project; and Resolution No.
192-15 Fixing date of public hearing on Reso-
lution of Necessity was adopted setting a pub-
lic hearing for a meeting to commence at 6:30
p.m. on July 6, 2015 in the Historic Federal
Building.
RESOLUTION NO. 189-15
SRF GREEN ALLEY BID SET 2 YEAR 3
PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form
of contract and estimated cost for the SRF
Green Alley Bid Set 2 – Year 3 Project in the
estimated amount $1,851,300.00, are hereby
preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
A public hearing will be held on the 6th day
of July, 2015, at 6:30 p.m. in the Historic Fed-
eral Building Council Chambers at which time
interested persons may appear and be heard
for or against the proposed plans and specifi-
cations, 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 cir-
culation 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 in-
terested person may appear and file objec-
tions to the proposed plans, specifications,
form of contract, or estimated cost of the Pro-
ject.
The SRF Green Alley Bid Set 2 –Year 3
Project is hereby ordered to be advertised for
bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
188 Regular Session, June 1, 2015 Book 145
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements herein provided, by publishing the
attached Notice to Bidders to be published in
a newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published not less than four but not more than
forty-five days before the date for filing bids
before 2:00 p.m. on the 9th day of July, 2015.
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
20th day of July, 2015, in the Historic Federal
Building Council Chambers (second floor),
350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 1st
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 190-15
APPROVING THE PLATS, SCHEDULE OF
ASSESSMENTS AND ESTIMATE OF TO-
TAL COST FOR THE SRF GREEN ALLEY
BID SET 2 - YEAR 3 PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plats, schedule of as-
sessments, and estimate of total cost for the
SRF Green Alley Bid Set 2 – Year 3 Project
are hereby approved.
Passed, approved and adopted this 1st
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 191-15
RESOLUTION OF NECESSITY FOR THE
SRF GREEN ALLEY BID SET 2 - YEAR 3
PROJECT
Whereas, the plat, preliminary schedule of
assessments, and estimate of total cost for
the SRF Green Alley Bid Set 2 – Year 3 Pro-
ject have been duly prepared and approved
by the City Council of the City of Dubuque and
ordered placed on file in the office of City
Clerk.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The SRF Green Alley Bid Set 2 - Year 3
Project will provide:
Reconstruction of Nine (9) alleys using in-
terlocking concrete pavers
Removal of the existing alley pavement
Excavation of the subgrade to allow the
placement of clean washed stone for a stor-
age medium
Installation of a concrete border for the
brick pavers
Installation of concrete headers at the al-
ley intersection with the intersecting streets.
Reconstruction of the pavement surface
with interlocking concrete pavers
Lining of the sanitary sewer main in seven
alleys
Inspection of sanitary sewer laterals in
seven alleys
Replacement of water main valves and
hydrants
Replacement of lead water services with
copper water services in seven alleys
There is on file in the office of the City
Clerk an estimated total cost of the work, and
a preliminary plat and schedule showing the
amount proposed to be assessed to each lot
for the improvement.
The City Council will hear from property
owners subject to the assessment and inter-
ested parties for or against the improvement,
its cost, the assessment, or the boundaries of
the district at a regular session to be held on
July 6, 2015 at 6:30 p.m. in the Historic Fed-
eral Building Council Chambers (second
floor), 350 W. 6th Street, Dubuque, Iowa:
That the City Council deems it advisable
and necessary for the public welfare to make
the herein mentioned improvements.
Unless a property owner files objections
with the City Clerk at the time of hearing on
the resolution of necessity, the property owner
is deemed to have waived all objections per-
taining to the regularity of the proceeding and
the legality of using the special assessment
procedure.
Said improvements shall be constructed in
accordance with the plans and specifications
which have been approved by the City Coun-
cil and are now on file in the Office of the City
Clerk. The cost of making such improvement
will be assessed against property lying with
the assessment limits.
The above resolution was introduced, ap-
proved and ordered placed on file with the
City Clerk this 1st day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 192-15
FIXING DATE OF PUBLIC HEARING ON
RESOLUTION OF NECESSITY
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary ap-
proval to the plat, preliminary schedule of as-
sessments, and estimated total cost for the
SRF Green Alley Bid Set 2 – Year 3 Project
and ordered the plat, schedule of assess-
ments, and estimate of total cost placed on
file in the Office of the City Clerk; and
Whereas, the proposed Resolution of Ne-
cessity for Project has been introduced and is
now on file in the Office of the City Clerk.
Book 145 Regular Session, June 1, 2015 189
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Council will meet on the 6th day of
July, 2015, at 6:30 p.m. in the Historic Federal
Building Council Chambers (second floor),
350 West 6th Street, Dubuque, Iowa. at which
time the owners of property subject to as-
sessment for the proposed improvement or
any other person having an interest in the
matter may appear and be heard for or
against the making of the improvement, the
boundaries of the district, the cost, the as-
sessment against any lot, or the final adoption
of a resolution of necessity.
A property owner will be deemed to have
waived all objections unless at the time of
hearing the property owner has filed objec-
tions with the City Clerk.
The City Clerk be and is hereby authorized
and directed to cause a notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published once each week for two consecu-
tive weeks, the first publication of which shall
be not less than ten days prior to the day fixed
for its consideration.
Passed, adopted and approved this 1st
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Lowell Street Water Main, Sanitary and
Storm Sewer Improvements: City Manager
recommending preliminary approval to the
Resolution of Necessity, set June 15, 2015 as
the date for public hearing and authorize the
City Clerk to advertise for bid proposals on the
Lowell Street (Abbott to Woodworth) Water
Main, Sanitary and Storm Sewer Improve-
ments Project 2015. Upon motion the docu-
ments were received and filed and Resolution
No. 193-15 Preliminary approval of plans,
specifications, form of contract, and estimated
cost; setting date of public hearing on plans,
specifications, form of contract, and estimated
cost; and ordering the advertisement for bids
(Lowell Street (Abbott to Woodworth) Water
Main, Sanitary & Storm Sewer Improvements
Project 2015) was adopted setting a public
hearing for a meeting to commence at 6:30
p.m. on June 15, 2015 in the Historic Federal
Building.
RESOLUTION NO. 193-15
LOWELL STREET (ABBOTT TO WOOD-
WORTH) WATER MAIN, SANITARY &
STORM SEWER IMPROVEMENTS PRO-
JECT 2015
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form
of contract and estimated cost for the Lowell
Street (Abbott to Woodworth) Water Main,
Sanitary & Storm Sewer Improvements Pro-
ject 2015, in the estimated amount
$223,920.00, are hereby preliminarily ap-
proved and ordered filed in the office of the
City Clerk for public inspection.
A public hearing will be held on the 15th
day of June, 2015, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa 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 hav-
ing 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 hear-
ing, any interested person may appear and
file objections to the proposed plans, specifi-
cations, form of contract, or estimated cost of
the Project.
The Lowell Street (Abbott to Wood-
worth) Water Main, Sanitary & Storm
Sewer Improvements Project 2015 is
hereby ordered to be advertised for
bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements herein provided, by publishing the
attached Notice to Bidders to be published in
a newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published not less than four but not more than
forty-five days before the date for filing bids
before 2:00 p.m. on the 18th day of June,
2015. 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 6th day of July, 2015, in the Historic Fed-
eral Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 1st
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
190 Regular Session, June 1, 2015 Book 145
BOARDS/COMMISSIONS
1. Arts and Cultural Affairs Advisory
Commission: Three, 3-year terms through
June 30, 2018 (Expired terms of Henkels -
Business Professional in the Cultural and En-
tertainment District; Siegert - Business Pro-
fessional Outside the Cultural and Entertain-
ment District and Steffen – At Large). Appli-
cants: Bibi Burke, 1155 Arrowhead Dr. (Quali-
fies for At-Large); Ellen T. Henkels, 890 W.
3rd St (Qualifies for Business Professional In
the Cultural and Entertainment District or At-
Large); Lisa Towers pulled her application
from consideration. Ms. Henkels and Ms.
Burke spoke in support of their respective
appointments.
2. Cable TV Commission: Three 3-year
terms through July 1, 2018 (Expired terms of
McMullen, Tigges, and Vincent). Applicants:
Kathleen McMullen, 1308 Curtis St.; Jennifer
Tigges, 4927 Wild Flower Dr.; Alan Vincent,
1010 Dunham Dr.
3. Civic Center Advisory Commission: Two
3-year terms through June 29, 2018 (Expired
terms of Daugherty and Parks). Applicants:
Tyler Daugherty, 418 Emmett St.; Bryce
Parks, 2005 N. Main St.
4. Community Development Advisory
Commission: Commission requesting Robert
Block II be appointed to the vacant term of
Kelley which has a low- to moderate-income
residency requirement thus allowing his cur-
rent At-Large term to be filled. One 3-year
term through February 15, 2017 (Vacant term
of Michalski) LMI Required. Applicant: Robert
Block II, 2447 University (Qualifies for LMI);
One 3-year term through February 15, 2017
(Vacant term of Block), At-Large Applicants:
Reverend Lindsay James, 2494 Pearl St.
(Qualifies for At-Large); Adrienne Scott, 1365
Solon St. (Qualifies for At- Large);
5. Historic Preservation Commission: Two
3-year terms through July 1, 2018 (Expired
terms of Schlarman - Cathedral District and
Bichell - At-Large). Applicants: Lisa Lawson,
205 Bluff St. (Qualifies for Cathedral District
and At-Large); John McAndrews, 350 West
1st St. (Qualifies for Cathedral District and At-
Large). Mr. McAndrews spoke in support of
his appointment.
6. Human Rights Commission: One 3-year
term through January 1, 2017 (Vacant term of
Nutter). Applicants: Tanya Engling, 2899
Windsor Ave.; Reverend Lindsay James,
2494 Pearl St.; R.R.S. Stewart, 460 Summit
St.
7. Investment Oversight Advisory Com-
mission: Two 3-year terms through July 1,
2018 (Expired terms of Chalmers and Ferraro)
Applicants: Brad Chalmers, 1095 W. 3rd St.;
Rachael Ferraro, 2538 Jackson St. Ms. Ferra-
ro spoke in support of her appointment.
8. Library Board of Trustees (Mayor ap-
pointment): Two 4-year terms through July 1,
2019 (Expired term of Boice and Weiss). Ap-
plicants: Jenny Weiss, 2206 Simpson St. Ms.
Weiss spoke in support of her appointment.
Daniel Boice removed his application from
consideration.
9. Long Range Planning Advisory Com-
mission: Two 3-year terms through July 1,
2018 (Expired terms of Darter and Pregler).
Applicants: Chad Darter, 2245 Matthew John
Dr.; John Pregler, 1525 Pego Ct.; Mark Ward,
2758 Tiffany Ct.
10. Parks and Recreation Advisory Com-
mission: One 3-year term through June 30,
2018 (Expired term of Blocker). Applicants:
Robert Blocker, 880 Kane St.; Jennifer
Tigges, 4927 Wild Flower Dr.
11. Zoning Advisory Commission: Two 3-
year terms through July 1, 2018 (Expired
terms of Hardie and Roussell). Applicants:
Stephen Hardie, 62 Fremont Ave.; Justin
McCarthy, 315 River Ridge St.; Laura Rous-
sell, 3224 Bittersweet Ln.; R.R.S. Stewart,
460 Summit St.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the following items.
1. Sale of Property at 1513 Washington
Street: Proof of publication on notice of public
hearing to approve the disposal of City-owned
property located at 1513 Washington Street to
Community Housing Initiatives, Inc. (CHI),
Restrictive Covenant and Special Warranty
Deed, and the City Manager recommending
approval. Motion by Lynch to receive and file
the documents and adopt Resolution No. 194-
15 Approving the sale of real estate located at
1513 Washington Street by Deed to Commu-
nity Housing Initiatives, in the City of Dubu-
que, Iowa. Seconded by Jones. Housing and
Community Development Director Alvin Nash
addressed questions from the City Council
regarding the amount credited to the City by
CHI, the restrictive covenant and income as-
sistance. Motion carried 6-0.
RESOLUTION NO. 194-15
APPROVING THE SALE OF REAL ESTATE
LOCATED AT 1513 WASHINGTON STREET
BY DEED TO COMMUNITY HOUSING INI-
TIATIVES, IN THE CITY OF DUBUQUE, IO-
WA
Whereas, the City of Dubuque, Iowa (City)
is the owner of real property at 1513 Washing-
ton Street legally described as
The North half (1/2) of Lot 77 in East
Dubuque, an Addition to the City of
Dubuque, Iowa according to the rec-
Book 145 Regular Session, June 1, 2015 191
orded plat thereof, as granted by
Deed Record K, page 619, records
of Dubuque County, Iowa; and
Whereas, City acquired the property for
the purpose of its restoration and re-sale for
owner-occupied housing in the Washington
Neighborhood; and
Whereas, the City and Community Hous-
ing Initiatives (CHI) have entered into an
Agreement pursuant to which City will convey
the Property to CHI and CHI will rehabilitate
the Property consistent with the Washington
Neighborhood Revitalization Strategy as ap-
proved by the City Council; and
Whereas, on June 1, 2015, the City Coun-
cil pursuant to notice published as required by
law held a public hearing on its intent to dis-
pose of the foregoing interest in the Property
and overruled all objections thereto; and
Whereas, the City Council finds that it is in
the best interest of the City to approve the
disposition of such interest in the 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 approves the disposition of the
City’s interest in the following legally de-
scribed property:
The North half (1/2) of Lot 77 in East
Dubuque, an Addition to the City of
Dubuque, Iowa according to the rec-
orded plat thereof, as granted by
Deed Record K, page 619, records
of Dubuque County, Iowa
Section 2. The Mayor is hereby authorized
and directed to sign this Resolution and the
Special Warranty Deed conveying the City’s
interests to Community Housing Initiatives for
the herein-described real estate.
Section 3. The City is Clerk is hereby au-
thorized and directed to provide a certified
copy of this Resolution to the Housing &
Community Development Department for re-
cording in the Office of the Dubuque County
Recorder.
Passed, approved and adopted this 1st
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Sale of Property at 1598 Washington
Street: Proof of publication on notice of public
hearing to approve disposal of City-owned
property located at 1598 Washington Street to
Community Initiatives, Inc., (CHI), Restrictive
Covenant and Special Warranty Deed, and
the City Manager recommending approval.
Motion by Connors to receive and file the
documents and adopt Resolution No. 195-15
Ratifying the conveyance of property by Deed
to Community Housing Initiatives for 1598
Washington Street. Seconded by Lynch.
Housing and Community Development Direc-
tor Alvin Nash addressed questions from the
City Council regarding the use of TIF and in-
formation on the use of restrictive covenants
in other cities and the inappropriate use of
such properties. Motion carried 6-0.
RESOLUTION NO. 195-15
RATIFYING THE CONVEYANCE OF PROP-
ERTY BY DEED TO COMMUNITY HOUSING
INITIATIVES FOR 1598 WASHINGTON
STREET
Whereas, the City of Dubuque, Iowa (City)
was the owner of real property at 1598 Wash-
ington Street legally described as
Lot 2 of Lot 1 of Lot 112 in East
Dubuque, an Addition in the City of
Dubuque, Iowa according to record-
ed plat thereof subject to right to use
gas mains in Lot 1 of Lot 112, as
granted in Warranty Deed, Book
112TL, page 283, records of Dubu-
que County, Iowa; and
Whereas, City acquired the property for
the purpose of its restoration and re-sale for
owner-occupied housing in the Washington
Neighborhood; and
Whereas, City and Community Housing In-
itiatives (CHI) entered into an Agreement pur-
suant to which City will convey the Property to
CHI and CHI will rehabilitate the property con-
sistent with the Washington Neighborhood
Revitalization Strategy as approved by the
City Council; and
Whereas, City conveyed the property by
deed to CHI inadvertently without the neces-
sary public hearing; and
Whereas, on June 1, 2015, the City Coun-
cil pursuant to notice published as required by
law held a public hearing on its intent to dis-
pose of the foregoing interest in the Property
and overruled all objections thereto; and
Whereas, the City Council finds that it is in
the best interest of the City to dispose of its
interest in the Property by deed to CHI and to
ratify the conveyance of the Property by deed
previously delivered to CHI.
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 hereby disposes of the City’s inter-
est in the Property and ratifies the convey-
ance of the Property by deed given to CHI for
the City’s interest in the following legally de-
scribed property:
Lot 2 of Lot 1 of Lot 112 in East Dubuque,
an Addition in the City of Dubuque, Iowa
according to recorded plat thereof subject
to right to use gas mains in Lot 1 of Lot
112, as granted in Warranty Deed, Book
112TL, page 283, records of Dubuque
County, Iowa
192 Regular Session, June 1, 2015 Book 145
Section 2. The Mayor is hereby authorized
and directed to sign this Resolution ratifying
the conveyance of the City’s interest by deed
to Community Housing Initiatives for the here-
in-described real estate.
Section 3. The City is Clerk is hereby au-
thorized and directed to provide a certified
copy of this Resolution to the Housing &
Community Development Department for re-
cording in the Office of the Dubuque County
Recorder.
Passed, approved and adopted this 1st
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Sale of Property at 1421 Elm Street:
Proof of publication on notice of public hearing
to approve the disposal of City-owned proper-
ty located at 1421 Elm Street to Jacob G.
Robertson, Purchase Agreement, Restrictive
Covenant and Special Warranty Deed, and
the City Manager recommending approval.
Motion by Lynch to receive and file the docu-
ments and adopt Resolution No. 196-15 Dis-
posing of City interest in real property located
at 1421 Elm Street, in the City of Dubuque,
Iowa. Seconded by Connors. Motion carried
6-0.
RESOLUTION NO. 196-15
DISPOSING OF CITY INTEREST IN REAL
PROPERTY LOCATED AT 1421 ELM
STREET, IN THE CITY OF DUBUQUE, IO-
WA
Whereas, the City Council, by Resolution
No. 168-15, dated May 18, 2015, declared its
intent to dispose of City interest in real proper-
ty located at 1421 Elm Street, legally de-
scribed as:
LOT 1 OF ANGIE’S PLACE, IN THE CITY
OF DUBUQUE, IOWA ACCORDING TO
THE RECORDED PLAT THEREOF –
1421 ELM STREET
(the Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on June 1, 2015, at 6:30 p.m. in the
Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa; and
Whereas, it is the determination of the City
Council that approval of the purchase agree-
ment for the sale to Jacob G. Robertson ac-
cording to the terms and conditions set out in
the purchase agreement is in the public inter-
est of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. The purchase agreement by
and between the City of Dubuque and Jacob
G. Robertson for the sale of the Property, a
copy attached hereto, is hereby approved.
Section 2. The Mayor and City Clerk are
hereby authorized and directed to execute
and deliver a Special Warranty Deed, convey-
ing the City’s interest in the Property to Jacob
G. Robertson.
Section 3. That the City Clerk is hereby
authorized and directed to cause said Special
Warranty Deed to be recorded in the Office of
the Dubuque County Recorder, together with
a certified copy of the Resolution.
Passed, approved, and adopted this 1st
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Dubuque Industrial Center Urban Re-
newal Plan Amendment: Proof of publication
on notice of public hearing to consider ap-
proval of an Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Cen-
ter Economic Development District and the
City Manager recommending approval. Motion
by Connors to receive and file the documents
and adopt Resolution No. 197-15 Approving
the Amended and Restated Urban Renewal
Plan for the Dubuque Industrial Center Eco-
nomic Development District. Seconded by
Lynch. Motion carried 6-0.
RESOLUTION NO. 197-15
APPROVING THE AMENDED AND RE-
STATED URBAN RENEWAL PLAN FOR
THE DUBUQUE INDUSTRIAL CENTER
ECONOMIC DEVELOPMENT DISTRICT
Whereas, by Resolution 131-15 on April
20, 2015 the City Council of the City of Dubu-
que, Iowa authorized the preparation of an
Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic
Development District (the "District"); and
Whereas, the Amended and Restated Ur-
ban Renewal Plan for the District dated June
1, 2015 is on file in the City Clerk's Office; and
Whereas, the City of Dubuque's primary
objective for the Amended and Restated Ur-
ban Renewal Plan for the District is to provide
opportunities which will further economic de-
velopment purposes and objectives as de-
scribed in the Urban Renewal Plan; and
Whereas, the City Council finds that cer-
tain areas adjacent to the District as shown on
the Amended and Restated Urban Renewal
Plan for the District meet the definition of an
economic development area in Chapter 403 of
the Iowa Code and should be included in the
District; and
Whereas, the City Council, in accordance
with Chapter 403 of the Code of Iowa, has
held a public hearing on the Amended and
Restated Urban Renewal Plan after public
notice thereof.
Book 145 Regular Session, June 1, 2015 193
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restat-
ed Urban Renewal Plan for the Dubuque In-
dustrial Center Economic Development Dis-
trict is hereby approved.
Section 2. That the City Clerk of the City of
Dubuque, Iowa is hereby authorized and di-
rected to file a certified copy of this Resolution
in the office of the Dubuque County Recorder.
Passed, approved and adopted this 1st
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Greater Dubuque Development Corpo-
ration - Quarterly Update: President and CEO
Rick Dickinson provided a verbal update on
the activities of the Greater Dubuque Devel-
opment Corporation. Topics included in-
creased job growth; decreased unemploy-
ment; potential opportunities from the recent
delegation visit to Dubuque’s Sister City of
Handan, China; significant anniversaries of
staff employment. Responding to questions
from the City Council, Mr. Dickinson recent
information regarding IBM. Motion by Lynch to
receive and file the information. Seconded by
Connors. Motion carried 6-0.
2. SRF Green Alley Project Bid Set 1 Year
3 – Award: City Manager recommending
award of the construction contract to the low
bidder, Portzen Construction, for the SRF
Green Alley Project Bid Set 1 Year 3. Motion
by Jones to receive and file the documents
and adopt Resolution No. 198-15 Awarding
public improvement contract for the SRF
Green Alley Bid Set 1 - Year 3 Project. Se-
conded by Connors. The City Manager ad-
dress questions from the City Council regard-
ing the effect of fewer bids and bid increases
on the total project budget by stating that the
City will continue to reconstruct as many al-
leys as the grant will support. Motion carried
6-0.
RESOLUTION NO. 198-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE SRF GREEN ALLEY BID
SET 1 – YEAR 3 PROJECT
Whereas, sealed proposals have been
submitted by contractors for the SRF Green
Alley Bid Set 1 – Year 3 Project (the Project)
pursuant to Resolution No. 127-15 and Notice
to Bidders published in a newspaper pub-
lished in the City of Dubuque, Iowa on the
24th day of April, 2015.
Whereas, said sealed proposals were
opened and read on the 21st day of May,
2015, and it has been determined that
Portzen Construction of Dubuque, Iowa with a
bid in the amount of $1,241,829.00, 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 Portzen
Construction and the City Manager is hereby
directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for
the Project.
Passed, approved and adopted this 1st
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Code of Ordinances Amendment - Title
16 Public Drinking Water Well and Non-Public
(Geothermal) Well: City Manager recommend-
ing approval of amendments to the current
City Public Water Well Ordinance and the
establishment of a new section of the ordi-
nance as it relates to Non-Public Water Sup-
ply Wells. Motion by Connors to receive and
file the documents and that the requirement
that a proposed ordinance be considered and
voted on for passage at two Council meetings
prior to the meeting at which it is to be passed
be suspended. Seconded by Lynch. Motion
carried 6-0.
Motion by Connors for final consideration
and passage of Ordinance No. 37-15 Amend-
ing the City of Dubuque Code of Ordinances
by Deleting Section 16-11-20: Water Supply
and Adopting the Following New Section 16-
11-20: Water; Section 16-11-20-1:Definitions;
Section 16-11-20-2: Water Supply; Section
16-11-20-3: Geothermal Well Standards; and
Section 16-11-20-4: Water Well Supply Sys-
tem. Seconded by Jones. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 37-15
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES BY DELETING SECTION
16-11-20: WATER SUPPLY AND ADOPTING
THE FOLLOWING NEW SECTION 16-11-20:
WATER; SECTION 16-11-20-1: DEFINI-
TIONS; SECTION 16-11-20-2: WATER SUP-
PLY; SECTION 16-11-20-3: GEOTHERMAL
WELL STANDARDS; AND SECTION 16-11-
20-4: WATER WELL SUPPLY SYSTEM
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
194 Regular Session, June 1, 2015 Book 145
Section 1. City of Dubuque Code of Ordi-
nances Section 16-11-20 is hereby amended
to read as follows:
16-11-20: WATER:
16-11-20-1: DEFINITIONS:
Annular Space: The space between the
casing or well screen and the wall of the
borehole or between drilling pipe and casing
or between two separate strings of casing.
AQUIFER: A subsurface water-bearing
layer of soil, sand, gravel or rock that will yield
usable quantities of water to a well.
BOREHOLE: A hole drilled or bored into
the earth, usually for exploratory or economic
purposes; a hole into which casing, screen
and other materials may be installed to con-
struct a well.
CASING: An impervious, durable pipe
placed in a borehole to prevent the walls of
the borehole from caving, and to seal off sur-
face drainage or undesirable water, gas or
other fluids and prevent entrance into a well.
DRINKING WATER: Water which is in-
tended for human consumption and other
domestic uses, and is considered to be free of
harmful chemicals and disease-causing mi-
croorganisms.
GEOTHERMAL BOREHOLE: A hole
drilled or bored into the earth into which piping
is inserted for use in a geothermal system.
GEOTHERMAL SYSTEM: A mechanism
for heat transfer by fluid to air processes and
heat transfer by fluid to fluid processes which
consists of the following basic elements: Un-
derground loops of piping; heat transfer fluid;
a heat pump
OPEN LOOP GEOTHERMAL SYSTEM:
Ground water is pumped from a water well
into a heat exchanger located in a surface
building and is then pumped back into the
aquifer through a different well, the same well,
or to the surface of the ground or to a surface
body of water, also known as pump and
dump.
CLOSED VERTICAL LOOP OR HORI-
ZONTAL GEOTHERMAL SYSTEM: A bore-
hole extends beneath the surface. Pipes are
installed with U-bends at the bottom or at the
end of the boreholes. The pipes are connect-
ed to the heat exchanger and heat transfer
fluid is circulated through the pipes.
GROUND WATER: Water beneath the
earth’s surface, that occurs between saturated
soil and rock that supplies wells and springs.
GROUT: A low permeability material that
is emplaced in the space between the wall of
the borehole and the casing of a well and, or,
emplaced on the wall of the borehole. Grout
shall consist of materials designed to ade-
quately seal the annular space like neat ce-
ment, high solids bentonite slurry, or hydrated
bentonite chips.
HEAT EXCHANGER: A device usually
made of coils of pipe that transfers heat from
one medium to another; for example, from
water to air or water to water.
HEAT TRANSFER FLUID: Any liquid used
specifically for the purpose of transferring
thermal energy from the heat source to an-
other location.
LOW PERMEABILITY MATERIAL: A geo-
logical unit of unconsolidated material (usually
clay or till) or bedrock (usually shale) that is all
or partially saturated, and having permeability
low enough (10-7 cm/sec) to give water in the
aquifer artesian head and/or provide protec-
tions to aquifers from activities taking place at
the ground surface or within the geologic unit
directly above the low permeability material.
MAJOR GEOTHERMAL SYSTEM: A hori-
zontal or vertical closed loop system that is
located more than 20 feet below the ground
surface.
MINOR GEOTHERMAL SYSTEM: A hori-
zontal closed loop system that is placed at or
less than 20 feet below the ground surface.
PERMEABILITY: The propensity of a ma-
terial to allow fluid to move through its pores
or interstices.
SEPARATION/ISOLATION DISTANCES:
The distance of a source of contamination
from a surface drinking water source, a
ground water source supply well, or any type
of borehole that is identified and/or regulated
by the Iowa Department of Natural Re-
sources.
SURFACE WATER: Water located on the
surface of the Earth in water bodies such as
lakes, rivers, streams, ponds and reservoirs.
TREMIE: A tubing string (typically about 1
to 3 inches in diameter) that is temporarily
installed into the borehole during well con-
struction. The tremie pipe is used for installing
annular material such as filter pack sand and
grout.
WATER SUPPLY WELL: A well-used by
public water systems, or non-public use, for
extracting ground water for human consump-
tion.
WELL: Any excavation that is drilled,
cored, driven, dug, bored, augured, jetted,
washed or is otherwise constructed for the
purpose of exploring for ground water, moni-
toring ground water, utilizing the geothermal
properties of the ground, or extracting water
from or injecting water into the aquifer. “Well”
does not include an open ditch, drain tiles, an
excavation made for obtaining or prospecting
for oil, drain tiles, natural gas, minerals, or
products mined or quarried, lateral geothermal
heat exchange systems nor temporary de-
watering wells such as those used during the
construction of subsurface facilities only for
the duration of the construction.
16-11-20-2: WATER SUPPLY:
Book 145 Regular Session, June 1, 2015 195
A. All water supply installations for major
and minor subdivisions in the city limits shall
be properly connected with an approved and
functioning public water supply system.
B. If a public water supply system is to be
provided to the area within a three (3) year
period as indicated in the comprehensive
plan, the city council may require installation
of a capped system within the street or road
right of way; or the city council may require a
payment in lieu of the improvement.
C. All proposals for new public water sup-
ply systems or extensions to existing public
water systems, or the use of wells and other
water sources, shall be approved by the City
Manager.
D. The water supply system shall be ade-
quate to handle the necessary flow based on
complete development of the subdivision and
extensions of the system to areas beyond the
subdivision. Water supply system design and
placement shall comply with the city stand-
ards.
E. Fire hydrant size, type, location and in-
stallation shall comply with the minimum city
standards.
16-11-20-3: GEOTHERMAL WELL
STANDARDS:
A. PURPOSE: It is the purpose of this sec-
tion is to protect the health, safety and general
welfare of the people of the City of Dubuque
by ensuring that ground water will not be pol-
luted or contaminated. Because of the serious
potential of adverse environmental impacts,
this section is intended to prohibit all open
loop geothermal systems. This section allows
for closed loop systems subject to the re-
quirements contained in this section for the
construction, reconstruction, repair and de-
struction of geothermal wells. The construc-
tion of geothermal wells must use construction
standards designed to adequately protect the
aquifers in each specific geologic setting en-
countered and in all other criteria, comply with
567 Iowa Administrative Code Chapter 49. All
well services must be performed with an Iowa
Department of Natural Resources certified
well contractor as required by 567 Iowa Ad-
ministrative Code Chapter 82. The certified
well contractor must be on-site and in direct
control of all well services being performed.
B. PERMIT REQUIRED:
1. Prior to the construction of any
well, the well contractor must obtain
a private water well construction
permit from the Dubuque County
Health Department and a permit from
the Building Services Department,
and where applicable, an Iowa De-
partment of Natural Resources per-
mit as required by 567 Iowa Adminis-
trative Code Chapter 50-52 and Iowa
Code Chapter 455B, Division III, Part
4.
2. No person may dig, bore, drill, re-
place, modify, repair or destroy a ge-
othermal well or any other excava-
tion that may intersect ground water
without first applying for and receiv-
ing a permit from the Building Ser-
vices Department.
C. APPLICATION PROCEDURE: Applica-
tions for permits required by this section must
be made on forms provided by the Building
Services Department and must contain all
such information as required on the form. The
application must be submitted by the property
owner, the owner’s representative, or the well
contractor and accompanied by the required
filing fee. Minor closed loop systems may be
authorized by the Building Official in consulta-
tion with the Water Department Manager and
City Engineer. An application for a major geo-
thermal system must include an environmen-
tal impact analysis prepared by an engineer
licensed in the State of Iowa. Geothermal
permits will be reviewed by the City Engineer
and Building Official who will then make a
recommendation to the City Manager.
D. SITE PLAN REQUIREMENT: A site
plan showing the generally proposed location,
number of wells, location of loops, including
description and MSDS sheets of the heat
transfer fluid, must be submitted with the ap-
plication. The plan must include the calculated
anticipated volume of grout that will be re-
quired. The plan must identify the heat trans-
fer fluid including MSDS sheets. Heat transfer
fluids that are toxic as identified by the Inter-
national Plumbing Code under essentially
toxic transfer fluids will not be accepted, and
fluids must comply with the 567 Iowa Adminis-
trative Code Section 49.29(5). Geothermal
pipe loops must be of approved material for
geothermal installation, must have a 50 year
warranty against defect and workmanship,
and must be installed with a tracer wire. A
base map showing any known operating
and/or non-operating mines is also required
with the application. Base maps are available
online by the City Engineering Department
and/or by the Iowa Department of Natural
Resources geologists. Construction of a geo-
thermal heat pump system (GHEX) within
close proximity of mine shafts and mine work-
ings has the potential of creating additional
hazards to both the structural integrity of the
GHEX system as well as increasing vulnera-
bility to the shallow aquifer.
E. LOCATION OF GEOTHERMAL SYS-
TEMS: The site plan must show the property
boundaries and easements of record and
must detail where the system is located on the
property. Location of all loops must be within
the property boundaries of the building lot and
196 Regular Session, June 1, 2015 Book 145
not encroach on any recorded easements.
Major systems may not be located within one
thousand feet (1,000 feet) of a current city
well or water source. Minor systems may not
be located within two hundred (200) feet of a
city deep (Jordan/Cambrian-Ordovician) well
or within four hundred (400) feet of a city shal-
low (alluvial aquifer) well. No geothermal sys-
tem is allowed to be constructed within a 500-
foot radius of an identified leaking under-
ground storage tank (LUST) site.
F. PERMIT FEE: A permit fee, established
by the City Manager, must be submitted with
any application required by this section.
G. PERMIT SUSPENSION AND REVO-
CATION. The City Manager may suspend or
revoke any permit issued pursuant to this sec-
tion whenever the City Manager finds that the
permittee has violated any of the provisions of
this section or has misrepresented any mate-
rial fact in the application or any supporting
documents, or where the well or its use may
pose a risk to groundwater quality, human
health or the environment or should the sys-
tem fail any of its mandated testing require-
ments.
H. OPEN LOOP SYSTEMS PROHIBITED:
Open loop systems are prohibited.
I. TESTING OF SYSTEM: Geothermal pip-
ing systems must be tested as required by the
Building Services Manager prior to operation
of the system and every three (3) years there-
after. All geothermal systems must be pres-
sure checked by a certified contractor not less
than every three (3) years from the certifica-
tion system date. Results of the tests must be
submitted to the Building Services Depart-
ment.
J. ABANDONMENT OF GEOTHERMAL
SYSTEMS: Abandonment of geothermal sys-
tems must be as required in 567 Iowa Admin-
istrative Code Section 49.28. The heat trans-
fer fluid must be removed by a displacement
with grout and the loop pipes properly capped
or sealed by an approved method. The top of
the borehole must also be uncovered and
properly capped or sealed by an approved
method.
K. REGULATION CONFLICT: In the event
any of the provisions of this section conflict
with any state or federal regulation, the state
or federal regulation will control.
L. COMPLIANCE: All procedures and
methods for construction of geothermal wells
must comply with the 567 Iowa Administrative
Code Chapters 82 and 49 for non-public water
supply wells and all applicable regulations of
the United States Environmental Protection
Agency.
M. EXISTING SYSTEMS: Except for pro-
visions in 16-11-20-3-B-2 regarding replace-
ment, modification, repair or destruction, this
section does not apply to systems in exist-
ence on the date of the adoption of this ordi-
nance.
16-11-20-4: WATER WELL SUPPLY
SYSTEM:
A. WELLS PROHIBITED: Except as pro-
vided in section 16-11-20-2-C and section 16-
11-20-3-B, no person may construct a well
within the corporate limits.
B. EXCEPTIONS:
1. The Building Services Department
may issue a permit upon such condi-
tions and limitations as appropriate
for the construction of a well installed
for the purpose of groundwater moni-
toring and/or gauging and/or envi-
ronmental investigation (Investigative
Well).
2. The City Manager may issue a
Special Exception Permit for the
construction of other types of wells if
the City Manager determines in the
City Manager’s sole discretion that
connection to the public water supply
is not economically feasible. The City
Manager is under no obligation to is-
sue a special exception permit and
the authority to grant a special ex-
ception permit includes the authority
to place conditions on the installa-
tion, use, operation, and the aban-
donment of wells, as well as the au-
thority to establish fees for the ad-
ministration, oversight, and monitor-
ing as the City Manager deems ap-
propriate.
3. If an Investigative Well or Special
Exception Permit is issued, all well
services must be performed with an
Iowa Department of Natural Re-
sources certified well contractor as
required by 567 Iowa Administrative
Code Chapter 82. The certified well
contractor must be on-site and in di-
rect control of all well services being
performed.
C. WELL PERMIT:
1. A Permit Application must be
completed and where applicable, an
Iowa Department of Natural Re-
sources permit as required by 567
Iowa Administrative Code Chapter
50-52 and Iowa Code Chapter
45513, Division III Part 4, be submit-
ted to the Building Services Depart-
ment or City Manager, as appropri-
ate. The Application must contain a
copy of an approved County Private
Well Construction Permit. No well
may be located within the influence
of an existing or proposed city-
owned well site as determined by the
City Manager, nor be constructed
within a 500-foot radius of an identi-
Book 145 Regular Session, June 1, 2015 197
fied leaking underground storage
tank (LUST) site.
2. A permit fee, established by the
City Manager, must be submitted
with any application required by this
section.
D. EXISTING WELLS: The section does
not apply to a private well in existence on the
date of the adoption of this ordinance. The
repair and modification of an existing well is
also allowed, however, the capacity of an ex-
isting well may not be expanded and may be
repaired and/or modified only upon receiving
a permit from the Building Services Depart-
ment.
E. COMPLIANCE: All procedures and
methods for the construction of a private well
must comply with 567 Iowa Administrative
Code Chapters 82 and 49 for water supplies,
design, and operation and with all applicable
regulations of the United States Environmen-
tal Protection Agency.
F. CONNECTION TO PUBLIC WATER
SUPPLY PROHIBITED: Wells may not be
connected directly or indirectly to the public
water supply.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted this 1st
day of June, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 5th day of June, 2015.
/s/Kevin S. Firnstahl, City Clerk
4. Code of Ordinances Amendment - Title
10 Park Rangers: City Manager recommend-
ing repeal of City Ordinance 10-5A-1 which
requires a Park Ranger to be a certified Law
Enforcement Officer. Restated motion by
Connors to receive and file the documents
and consider the first reading of a proposed
ordinance amending City of Dubuque Code of
Ordinances Title 10 Public Ways and Proper-
ty, Chapter 5 Parks and Recreation, Article A
Administration by repealing Section 10-5A-1
Park Rangers as park rangers are no longer
Certified Law Enforcement Officers. Second-
ed by Lynch. Leisure Services Manager Marie
Ware and Police Chief Mark Dalsing respond-
ed to questions from the City Council related
to the perception of park rangers as law en-
forcement officers, vehicle markings, and park
coverage by both the Park Division and Police
Department. Council weighed the option of a
policy decision pending more information on
the practices of other Iowa cities. Motion car-
ried 5-1 with Sutton voting nay.
5. Code of Ordinances Amendment -
Dubuque Industrial Center Economic Devel-
opment District: City Manager recommending
approval to amend the tax increment ordi-
nance for the Dubuque Industrial Center Eco-
nomic Development District allowing tax in-
crement financing to be used in the new Sub-
area F of the District, the newly acquired Graf
Farm. 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 car-
ried 6-0.
Motion by Connors for final consideration
and passage of Ordinance No. 39-15 Amend-
ing Ordinance No. 10-14, Previously Amend-
ed, Providing That General Property Taxes
Levied and Collected Each Year On All Prop-
erty Located Within the Amended and Restat-
ed Dubuque Industrial Center Economic De-
velopment District Urban Renewal Area of the
City of Dubuque, County of Dubuque, State of
Iowa, by and for the Benefit of the State of
Iowa, City of Dubuque, County of Dubuque,
Dubuque Community School District, and
Other Taxing Districts, be Paid to a Special
Fund for Payment of Principal and Interest on
Loans, Monies Advanced to and Indebted-
ness, Including Bonds Issued or to be Issued,
Incurred by Said City in Connection With the
Amended and Restated Dubuque Industrial
Center Economic Development District Urban
Renewal Redevelopment Project. Seconded
by Jones. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 39-15
AMENDING ORDINANCE NO. 10-14, PRE-
VIOUSLY AMENDED, PROVIDING THAT
GENERAL PROPERTY TAXES LEVIED
AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE
AMENDED AND RESTATED DUBUQUE
INDUSTRIAL CENTER ECONOMIC DE-
VELOPMENT DISTRICT URBAN RENEWAL
AREA OF THE CITY OF DUBUQUE, COUN-
TY OF DUBUQUE, STATE OF IOWA, BY
AND FOR THE BENEFIT OF THE STATE OF
IOWA, CITY OF DUBUQUE, COUNTY OF
DUBUQUE, DUBUQUE COMMUNITY
SCHOOL DISTRICT, AND OTHER TAXING
DISTRICTS, BE PAID TO A SPECIAL FUND
FOR PAYMENT OF PRINCIPAL AND IN-
TEREST ON LOANS, MONIES ADVANCED
TO AND INDEBTEDNESS, INCLUDING
BONDS ISSUED OR TO BE ISSUED, IN-
CURRED BY SAID CITY IN CONNECTION
WITH THE AMENDED AND RESTATED
DUBUQUE INDUSTRIAL CENTER ECO-
NOMIC DEVELOPMENT DISTRICT URBAN
RENEWAL REDEVELOPMENT PROJECT
Whereas, the Amended and Restated Ur-
ban Renewal Plan for the Dubuque Industrial
Center Economic Development District Urban
Renewal Project Area described in Resolution
No. 130-88 was adopted on May 2, 1988 and
198 Regular Session, June 1, 2015 Book 145
was thereafter amended and restated by
Resolution No. 484-90 on December 17,
1990, Resolution No. 142-97 on April 7, 1997,
Resolution No. 478-97 on November 17,
1997, Resolution No. 15-08 on January 7,
2008, Resolution No. 101-08 on March 17,
2008, Resolution No. 109-08 on April 7, 2008,
Resolution No. 87-11 on March 7, 2011, Res-
olution 171-13 on June 3, 2013 and Resolu-
tion No. 197-15 on June 1, 2015; and
Whereas, the City Council of the City of
Dubuque, Iowa originally provided for the divi-
sion of taxes pursuant to Section 403.19 of
the Code of Iowa within the Dubuque Industri-
al Center Economic Development District Ur-
ban Renewal Project Area in Ordinance No.
26-88 passed and approved on May 2, 1988
and thereafter amended and restated by Or-
dinance No. 63-88 on December 5, 1988, by
Ordinance No. 66-97 on November 17, 1997,
by Ordinance No. 70-08 on October 20, 2008,
and by Ordinance No. 10-14 on February 3,
2014; and
Whereas, indebtedness has been incurred
by the City, and additional indebtedness is
anticipated to be incurred in the future, to fi-
nance urban renewal project activities within
the Amended and Restated Dubuque Indus-
trial Center Economic Development District,
and the continuing needs of redevelopment
within the Amended and Restated Dubuque
Industrial Center Economic Development Dis-
trict are such as to require the continued ap-
plication of the incremental tax resources of
the Amended and Restated Dubuque Indus-
trial Center Economic Development District;
and
Whereas, the following enactment is nec-
essary to accomplish the objectives described
in the premises.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Ordinance Number 10-14 is hereby
amended to read as follows:
Section 1: For purposes of this Ordinance,
the following terms shall have the following
meanings:
(a) Original Project Area shall mean that
portion of the City of Dubuque, Iowa de-
scribed in the Urban Renewal Plan for the
Dubuque Industrial Center Economic Devel-
opment District Urban Renewal Area ap-
proved by Resolution No. 130-88 on May 2,
1988, and subsequently amended by Resolu-
tion No. 484-90 on December 17, 1990, which
Original Project Area includes the lots and
parcels located within the area now legally
described as follows:
All of the Dubuque Industrial Center First,
Second, Third, Fourth, Fifth, Sixth, Seventh,
Eighth, Ninth, Tenth and Eleventh Additions
and the adjoining public right-of-way, all in the
City of Dubuque, Dubuque County, Iowa.
The Original Project Area is referred to as
"Subarea A" in the Urban Renewal Plan here-
inafter described.
(b) Subarea B shall mean that portion of
the City of Dubuque, Iowa described as Sub-
area B in the Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Cen-
ter Economic Development District Urban
Renewal Area approved by Resolution No.
478-97 on November 17, 1997, and subse-
quently amended by Resolution No. 15-08 on
January 7, 2008, which Subarea B includes
the lots and parcels located within the area
legally described as follows:
Lots 1, 3, 4, 1 of 5, 6 and H of Dubuque
Industrial Center West; and
Lots 1, 2, 3, 4, 5, 6, 7, 8, and C of Dubu-
que Industrial Center West 2nd Addition;
and
Lots 1, 2, 3, 4, B, and C of Dubuque In-
dustrial Center West 4th Addition; and
Lots 1 of 1, 1 of 2, 2 of 2, 1 of 3, 2 of 3, 1
of 5, A, C, and D of Dubuque Industrial
Center West 5th Addition; and
Lots 1, 2, and A of Dubuque Industrial
Center West 6th Addition; and
Lots 1, 1 of 2, and 2 of 2 of Dubuque In-
dustrial Center West 7th Addition; and
Lot 2 of 1 of the Southwest Quarter of
the Southwest Quarter and Lot 2 of 1 of
the Southeast Quarter of the Southwest
Quarter all in Section 30, Township 89
North, Range 2 East, 5th Principal Me-
ridian;
and all that part of a 100-foot-wide strip
of the Chicago Central Pacific Railroad
right-of-way lying in the SE 1/4 of Sec-
tion 30, the SE 1/4 of the SW 1/4 of Sec-
tion 30, the NW 1/4 of Section 31, and
the NE 1/4 of Section 31 all in T89N,
R2E, of the 5th P.M. Dubuque County,
Iowa, the centerline of which is more
particularly described as follows: begin-
ning at a point of intersection with the
easterly line of the SE 1/4 of Section 30,
T89N, R2E, of the 5th P.M., thence
southwesterly along the centerline of
said railroad 2,700 feet, more or less a
point of intersection with the westerly
line of the SE 1/4 of said Section 30;
thence southwesterly continuing along
said centerline 845 feet, more or less, to
a point where the railroad right-of-way
widens to 200 feet, said point being the
terminus of this description; and
all that part of a 100-foot-wide strip of
the Chicago Central Pacific Railroad
right-of-way lying in the Balance of Lot 1
of 1 of the Southwest Quarter of the
Southwest Quarter in Section 29, Town-
Book 145 Regular Session, June 1, 2015 199
ship 89 North, Range 2 East, 5th Princi-
pal Meridian; and
any adjoining public street right-of-way
all in the City of Dubuque, Dubuque
County, Iowa.
(c) Subarea C shall mean that portion of
the City of Dubuque, Iowa described as Sub-
area C in the Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Cen-
ter Economic Development District Urban
Renewal Area approved by Resolution No.
101-08 on March 17, 2008, which Subarea C
includes the lots and parcels located within
the area legally described as follows:
Lot 1-1 NW 1/4-NE 1/4; Lot 2 of E 10
acres NE 1/4-NW 1/4; Lot 2-1 NW 1/4-
NE 1/4; Lot 2 NW 1/4-NE 1/4; Lot 1 E
1/4 NE 1/4-NW 1/4; W 3/4 NE 1/4-NW
1/4; Lot 2-1 SE 1/4-NW 1/4; Lot 1-1 SE
1/4-NW 1/4; and the SW 1/4-NE 1/4 all
in Section 30, Township 89 North,
Range 2 East, 5th Principal Meridian;
and any adjoining public street right-of-
way in the City of Dubuque, Dubuque
County.
(d) Subarea D shall mean that portion of
the City of Dubuque, Iowa described as Sub-
area D in the Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Cen-
ter Economic Development District Urban
Renewal Area approved by Resolution No.
109-08 on April 7, 2008, which Subarea D
includes the lots and parcels located within
the area legally described as follows:
Lot 4 of Dubuque Industrial Center West
5th Addition, and Lot B of Dubuque In-
dustrial Center West 5th Addition in the
City of Dubuque, Iowa.
(e) Subarea E shall mean that portion of
the City of Dubuque, Iowa
described as Subarea E in the Amended
and Restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Devel-
opment District Urban Renewal Area ap-
proved by Resolution No. 87-11 on March 7,
2011, which Subarea E includes the lots and
parcels located within the area legally de-
scribed as follows:
All of Lot 1 of 1 and Lot 1 of 2 of the
South Fork Subdivision No. 1, including
any adjoining public street right-of-way
to said lots, all in the City of Dubuque,
Dubuque County, Iowa, and;
All of Seippel Road right of way from the
north boundary line of Lot 1 of 1 of South Fork
Subdivision No. 1 in the City of Dubuque, to
the south boundary lines of Lot H of Dubuque
Industrial Center West and Lot 1 of Dubuque
Industrial Center West 2nd Addition in the City
of Dubuque, Dubuque County, Iowa, including
crossings at the intersections of Old Highway
Road and Chicago Central & Pacific Railroad
rights-of-way.
(f) Subarea F shall mean that portion of
the City of Dubuque, Iowa and Dubuque
County described as Subarea F in the
Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic
Development District Urban Renewal Area
approved by Resolution No. 197-15 on June
1, 2015, which Subarea F includes the lots
and parcels located within the area legally
described as follows:
Lot one (1) of Graf Farm Subdivision #2,
Dubuque County, Iowa, according to the
recorded plat thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West
One-half of Northeast One-quarter, Sec-
tion 25, Township 89 North , Range 1
East of the 5th Principal Meridian, in
Center Township , Dubuque County ,
Iowa;
Lot 2 in “W.A. Norman Place" in Section
25, Center Township, Dubuque County,
Iowa, according to the plat thereof; and
The NW 1/4 of the SE 1/4 of Section 25,
Township 89 North, Range 1 East of the
5th P.M., in Center Township, Dubuque
County, Iowa
(g) Amended Project Area shall mean that
portion of the City of Dubuque, Iowa and
Dubuque County included within the Original
Project Area, Subarea B, Subarea C, Subarea
D, Subarea E, and Subarea F, each as de-
scribed in this Section.
(h) Urban Renewal Plan shall mean the
Amended and Restated Urban Renewal Plan
adopted for the Amended Project Area by
Resolution No. 197-15 on June 1, 2015, and
any subsequent amendments that may occur.
Section 2: The taxes levied on the taxable
property in the Amended Project Area, and
each subarea thereof, legally described in
Section 1 hereof, by and for the benefit of the
State of Iowa, City of Dubuque, County of
Dubuque, Dubuque Community School Dis-
trict, and all other taxing districts from and
after the effective date of this Ordinance shall
be divided as hereinafter in this Ordinance
provided.
Section 3: As to the Original Project Area,
that portion of the taxes which would be pro-
duced by the rate at which the tax is levied
each year by or for each of the taxing districts
taxing property in the Original Project Area
upon the total sum of the assessed value of
the taxable property in the Original Project
Area as shown on the assessment roll as of
January 1, 1987, being the first day of the
calendar year preceding the effective date of
Ordinance No. 26-88, shall be allocated to
and when collected be paid into the fund for
the respective taxing district as taxes by or for
said taxing district into which all other property
taxes are paid. The taxes so determined shall
200 Regular Session, June 1, 2015 Book 145
be referred herein as the "base period taxes"
for such Subarea.
As to Subarea B, base period taxes shall
be computed in the same manner using the
total assessed value shown on the assess-
ment roll as of January 1, 1996, being the
assessment roll applicable to property in such
Subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No.
66-97.
As to Subarea C, base period taxes shall
be computed in the same manner using the
total assessed value shown on the assess-
ment roll as of January 1, 2007, being the
assessment roll applicable to property in such
subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No.
70-08.
As to Subarea D, base period taxes shall
be computed in the same manner using the
total assessed value shown on the assess-
ment roll as of January 1, 2007, being the
assessment roll applicable to property in such
subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No.
70-08.
As to Subarea E, base period taxes shall
be computed in the same manner using the
total assessed value shown on the assess-
ment roll as of January 1, 2013, being the
assessment roll applicable to property in such
subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No.
10-14.
As to Subarea F, base period taxes shall
be computed in the same manner using the
total assessed value shown on the assess-
ment roll as of January 1, 2014, being the
assessment roll applicable to property in such
subarea as of January 1 of the calendar year
preceding the effective date of this Ordinance.
Section 4: That portion of the taxes each
year in excess of the base period taxes for the
Amended Project Area, determined for each
sub-area thereof as provided in Section 3 of
this Ordinance, shall be allocated to and when
collected be paid into the special tax incre-
ment fund previously established by the City
of Dubuque to pay the principal of and interest
on loans, monies advanced to, or indebted-
ness, whether funded, refunded, assumed or
otherwise, including bonds issued under au-
thority of Section 403.9 or Section 403.12 of
the Code of Iowa, incurred by the City of
Dubuque, Iowa to finance or refinance, in
whole or in part, urban renewal projects un-
dertaken within the Amended Project Area
pursuant to the Urban Renewal Plan, except
that taxes for the regular and voter-approved
physical plant and equipment levy of a school
district imposed pursuant to Section 298.2 of
the Code of Iowa and taxes for the instruc-
tional support program of a school district
imposed pursuant to Section 257.19 (but in
each case only to the extent required under
Section 403.19(2)), taxes for the payment of
bonds and interest of each taxing district, and
taxes imposed under Section 346.77 (22)
related to joint county-city buildings, shall be
collected against all taxable property within
the Amended Project Area without any limita-
tion as hereinabove provided.
Section 5: Unless or until the total as-
sessed valuation of the taxable property in the
subareas of the Amended Project Area ex-
ceeds the total assessed value of the taxable
property in said subareas shown by the as-
sessment rolls referred to in Section 3 of this
Ordinance, all of the taxes levied and collect-
ed upon the taxable property in the Amended
Project Area shall be paid into the funds for
the respective taxing districts as taxes by or
for the taxing districts in the same manner as
all other property taxes.
Section 6: At such time as the loans, mon-
ies advanced, bonds and interest thereon and
indebtedness of the City of Dubuque referred
to in Section 4 hereof have been paid, all
monies thereafter received from taxes upon
the taxable property in the Amended Project
Area shall be paid into the funds for the re-
spective taxing districts in the same manner
as taxes on all other property.
Section 7: All ordinances or parts of ordi-
nances in conflict with the provisions of this
Ordinance are hereby repealed. The provi-
sions of this Ordinance are intended and shall
be construed so as to continue the division of
taxes from taxable property in the Amended
Project Area under the provisions of Section
403.19 of the Code of Iowa, as authorized in
Ordinance No. 10-14, and to fully implement
the division of taxes in Subarea F of the
Amended Project Area. In the event that any
provision of this Ordinance shall be deter-
mined to be contrary to law it shall not affect
other provisions or application of this Ordi-
nance which shall at all times be construed to
fully invoke the provisions of Section 403.19
of the Code of Iowa with reference to the
Amended Project Area and the subareas con-
tained therein.
Section 8: This Ordinance shall be in ef-
fect after its final passage, approval and pub-
lication as provided by law.
Passed and approved this 1st day of June,
2015.
Roy Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Code of Ordinances Amendment - Title
16 Historic Preservation Commission: City
Manager recommending approval of an ordi-
nance to amend Title 16, Chapter 10 which
establishes the Historic Preservation Com-
mission and provides for the powers, opera-
Book 145 Regular Session, June 1, 2015 201
tion, membership, meetings, applications and
procedures. Motion by Lynch 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 Lynch for final consideration
and passage of Ordinance No. 40-15 Amend-
ing City of Dubuque Code of Ordinances Title
16 Unified Development Code, Chapter 10
Historic Preservation Commission Applica-
tions and Procedures by establishing the His-
toric Preservation Commission and Providing
for the Powers, Operation, Membership,
Meetings, and Applications and Procedures.
Seconded by Jones. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 40-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 16 UNIFIED DEVEL-
OPMENT CODE, CHAPTER 10 HISTORIC
PRESERVATION COMMISSION APPLICA-
TIONS AND PROCEDURES BY ESTAB-
LISHING THE HISTORIC PRESERVATION
COMMISSION AND PROVIDING FOR THE
POWERS, OPERATION, MEMBERSHIP,
MEETINGS, AND APPLICATIONS AND
PROCEDURES
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 16, Chapter 10 of the City
of Dubuque Code of Ordinances is hereby
amended as follows:
Chapter 10
HISTORIC PRESERVATION COMMIS-
SION APPLICATIONS AND PROCEDURES
16-10-1: HISTORIC PRESERVATION
COMMISSION:
A. Commission Created: There is hereby
created the Historic Preservation Commis-
sion.
B. Purpose: The purpose of the commis-
sion is to:
1. Promote the educational, cultural,
economic, and general welfare of the
public through the protection, en-
hancement, and perpetuation of dis-
tricts, individually designated historic
properties, landmarks, and landmark
sites of prehistoric, historic, architec-
tural, archeological, and cultural sig-
nificance;
2. Safeguard the city’s prehistoric,
historic, aesthetic, architectural, ar-
cheological and cultural heritage by
preserving historic properties, dis-
tricts, landmarks, and landmark sites
of historical, architectural, and cul-
tural significance;
3. Stabilize and improve property
values;
4. Foster civil pride in the legacy of
beauty and achievements of the
past;
5. Protect and enhance the city’s at-
tractions to tourists and visitors and
the support and stimulus to business
thereby provided;
6. Strengthen the economy of the
city; and
7. Promote the use of properties, dis-
tricts, landmarks, and landmark sites
of prehistoric, historic, architectural,
archeological, and cultural signifi-
cance as sites for the education,
pleasure, and welfare of the people
of the city.
C. Internal Organization And Rules: The
commission may adopt rules and regulations
to govern its organizational procedures as
may be necessary and which are not in con-
flict with this Code of Ordinances or the Iowa
Code.
D. Procedures For Operation: All adminis-
trative, personnel, accounting, budgetary, and
procurement policies of the city govern the
commission in all its operations.
E. Membership:
1. The Commission comprises nine (9)
residents of the city, appointed by the
city council.
2. Age Requirement. Residents must
be eighteen (18) years of age or older.
3. Special Qualifications.
a. One (1) resident from
each designated historic
preservation district, includ-
ing historic districts herein-
after established.
b. Four (4) at-large mem-
bers.
c. Each member must pos-
sess qualifications evidenc-
ing expertise or interest in
architecture, history, arche-
ology, law, construction,
building rehabilitation, city
planning, or conservation in
general.
d. One (1) member must be
a licensed architect.
4. Membership on the commission
must comply with the provisions of
Iowa Code §69.16A, relating to gen-
der balance, and Iowa Code
§303.34, subsection 3, relating to es-
tablishment of a commission to deal
with matters involving areas of histor-
ical significance.
F. Oath: Each person, upon appointment
or reappointment to the commission, must
execute an oath of office at the first meeting of
202 Regular Session, June 1, 2015 Book 145
the commission following the appointment or
reappointment or at the city clerk’s office any
time prior to the first meeting of the commis-
sion.
G. Terms: The term of office for a com-
missioner is three (3) years or until such
commissioner’s successor is appointed and
qualified.
H. Vacancies: Vacancies must be filled in
the same manner as original appointments. In
the event that a vacancy occurs in a seat
which requires that the appointee be a resi-
dent of a historic preservation district and for
which there is no application from a qualified
resident, the city council must appoint a tenth
commissioner, which appointment is tempo-
rary, and upon appointment of a qualified res-
ident to the vacancy, the temporary appoint-
ment terminates.
I. Officers/Organization: The commission-
ers must elect from its membership a chair-
person and vice chairperson, whose terms of
office are fixed by bylaws adopted by the
commission. The chairperson presides over
the meetings of the commission and has the
right to vote. The vice chairperson, in cases of
absence or disability of the chairperson, may
perform the duties of the chairperson. The city
manager must designate a city employee to
serve as secretary to the commission. The
secretary must keep a record of all resolu-
tions, proceedings, and actions of the com-
mission.
J. Meetings:
1. Regular Meetings. The commis-
sion must meet at least three (3)
times in a calendar year to maintain
Certified Local Government status.
2. Special Meetings. Special meet-
ings may be called by the chairper-
son or at the written request of a ma-
jority of the commissioners.
3. Open Meetings. All meetings must
be called and held in conformance
with the Iowa Open Meetings Law.
4. Attendance.
a. In the event a commis-
sioner has been absent for
three (3) or more consecu-
tive meetings of the com-
mission, without being ex-
cused by the chairperson,
such absence will be
grounds for the commission
to recommend to the city
council that the position be
declared vacant and a re-
placement appointed.
b. Attendance must be en-
tered upon the minutes of
all meetings.
5. Minutes. A copy of the minutes of
all regular and special meetings of
the commission must be filed with
the city council within ten (10) work-
ing days after each meeting, or by
the next regularly scheduled city
council meeting, whichever is later.
6. Quorum. Five (5) commissioners
constitute a quorum for the transac-
tion of business. The affirmative vote
of a majority of the commissioners
present and voting is necessary for
the adoption of any motion or resolu-
tion.
K. Compensation: Commissioners serve
without compensation, provided that they may
receive reimbursement for necessary travel
and other expenses while on official commis-
sion business within the limits established in
the city administrative policies and budget.
L. Removal: The city council may remove
any commissioner for cause upon written
charges and after a public hearing.
M. Powers: The commission has the fol-
lowing powers, duties, and responsibilities:
1. To promote and conduct educa-
tional and interpretive programs on
historic properties within its jurisdic-
tion.
2. To develop and adopt specific
standards for review and design
guidelines, in addition to those set
forth in section 16-10-7 of this chap-
ter, for the alteration of landmarks,
landmark sites, individually designat-
ed historic properties and property
and structures within historic districts.
3. To adopt its own bylaws.
4. To identify, evaluate, register,
manage and protect significant pre-
historic and historic archeological
sites.
5. To conduct an ongoing survey to
identify historically, archaeologically
and architecturally significant proper-
ties, structures and areas that exem-
plify the cultural, social, economic,
political, archeological or architectur-
al history of the nation, state or city.
6. To research and recommend to
the city council the adoption of ordi-
nances designating areas as having
historic, architectural, archeological
or cultural value or significance as
historic districts.
7. To research and recommend to
the city council the adoption of ordi-
nances designating properties or
structures having historic, architec-
tural, archeological or cultural value
or significance as landmarks or
landmark sites.
8. To research and recommend to
the city council the adoption of ordi-
nances designating properties as
Book 145 Regular Session, June 1, 2015 203
having historic, architectural, archeo-
logical or cultural value or signifi-
cance as individually designated his-
toric properties.
9. To research and recommend to
the city council the adoption of ordi-
nances designating areas as having
historic, architectural, archeological
or cultural value as "conservation
districts".
10. To research and recommend to
the city council the adoption of ordi-
nances designating areas as having
historic, architectural, archeological
or cultural value as "conservation
planning areas".
11. To maintain a register of all
properties and structures which have
been designated as landmarks,
landmark sites or historic districts, in-
cluding all information required for
each designation.
12. To assist and encourage the
nomination of landmarks, landmark
sites and historic districts to the na-
tional register of historic places, and
review and comment at a public
hearing on any national register
nomination submitted to the commis-
sion upon the request of the mayor,
city council or the state historic
preservation office.
13. To confer recognition upon the
owners of landmarks, individually
designated historic properties or of
property or structures within historic
districts.
14. To review in progress or com-
pleted work to determine compliance
with specific certificates of appropri-
ateness or certificates of economic
nonviability.
15. To serve as an advisory design
review body to the city council for re-
view of public works projects which
have historic preservation implica-
tions in historic districts, individually
designated historic properties, or for
alteration of landmarks, landmark
sites or structures, that would result
in a material change in appearance
or be visible from the public way.
16. To serve as an advisory review
body to the city council for the review
of public planning, design, construc-
tion, and maintenance needs in con-
servation planning areas upon re-
quest from the city council.
16-10-2: DEFINITIONS:
For the purpose of this chapter, the follow-
ing words and phrases have the meanings
ascribed to them below:
. . . .
CERTIFICATE OF ECONOMIC NONVIA-
BILITY: A document issued by the historic
preservation commission which acknowledges
an exception as herein defined and which
authorizes an alteration or activity:
A. Which creates a material change
in appearance, or the removal or
demolition, of a landmark, landmark
site or of a structure within a historic
district;
B. Which requires a regulated permit;
and
C. For which a certificate of appro-
priateness has been or would be de-
nied; however, a certificate of eco-
nomic nonviability may be issued on-
ly upon a showing that the property
owner will be deprived of any rea-
sonable economic return on the
property if not allowed to proceed
with the requested alteration or activ-
ity.
. . . .
DETERMINATION OF NO MATERIAL
EFFECT: A document issued by the city plan-
ner indicating approval for any normal "repair"
or act of maintenance as defined by this chap-
ter, which:
A. Is not an alteration, construction,
removal, demolition or excavation as
defined by this chapter;
B. Does not create a material change
in the exterior architectural appear-
ance or exterior features of a struc-
ture or site; and
C. Nonetheless does require a regu-
lated permit.
. . . .
16-10-3: IDENTIFICATION AND DESIG-
NATION OF LANDMARKS, SITES AND HIS-
TORIC DISTRICTS:
. . . .
16-10-4: DESIGNATED LANDMARKS,
SITES AND HISTORIC DISTRICTS:
. . . .
16-10-5: DEMOLITION OF LANDMARKS,
LANDMARK SITES AND STRUCTURES IN
HISTORIC DISTRICTS AND CONSERVA-
TION DISTRICTS:
. . . .
16-10-6: ALTERATION OF LANDMARKS,
HISTORIC PROPERTIES AND SITES:
. . . .
16-10-7: STANDARDS FOR DESIGN
REVIEW:
. . . .
16-10-8: CONSERVATION DISTRICTS:
. . . .
16-10-9: CONSERVATION PLANNING
AREAS:
. . . .
16-10-10: APPEALS FROM COMMIS-
SION ACTION:
204 Regular Session, June 1, 2015 Book 145
. . . .
16-10-11: INSPECTION:
. . . .
16-10-12: VIOLATIONS; PENALTIES:
. . . .
Section 2. Nothing herein effects the term
of any person serving as a commissioner as
of the effective date of this Ordinance.
Section 3. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 1st
day of June, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 5th day of June, 2015.
/s/Kevin S. Firnstahl, City Clerk
7. Greater Dubuque Development Corporation
Board Membership: Correspondence from
Rick Dickinson, President and CEO of Greater
Dubuque Development Corporation (GDDC),
requesting confirmation of the Mayor and two
City Council members for membership on the
GDDC Board of Directors from July 1, 2015
through June 30, 2016. (Currently Buol, Con-
nors, and Lynch). Motion by Jones to receive
and file the documents and reappoint Council
Members Connors and Lynch with Mayor
Buol’s appointment as a requirement of
GDDC’s bylaws. Seconded by Resnick. Res-
nick requested a rotation of Council member-
ship on various boards be discussed at the
next City Council goal setting session. Motion
carried 6-0.
COUNCIL MEMBER REPORTS
Council Members Connors reported on the
Marshallese Constitution Day held May 23 in
Comiskey Park and how she believed it to be
an enjoyable, inclusive and diverse event.
Council Member Resnick reported on the
Silent Bike Ride held May 30 that promoted
bike safety throughout the city as Dubuque
becomes a more bike-friendly City.
Mayor Buol reported on his experiences
during the recent delegation visit to Dubu-
que’s Sister City of Handan, China, and the
growing potential for educational exchanges
and economic development opportunities.
CLOSED SESSION
Motion by Jones to convene in closed
session at 8:26 p.m. to discuss pending litiga-
tion and property acquisition pursuant to
Chapter 21.5(1)(c), -(j) Code of Iowa. Se-
conded by Resnick. Motion carried 6-0.
Upon motion, the City Council reconvened
in open session at 8:42 p.m. stating that staff
had been given property direction.
There being no further business, upon mo-
tion the City Council adjourned at 8:43 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
Book 145 Special Session, June 15, 2015 205
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:15 p.m. on June 15, 2015 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 special session of the City Council called for
the purpose of conducting a work session on
Voluntary Compliance Agreement and Analy-
sis of Impediments Action Plan.
WORK SESSION
Voluntary Compliance Agreement and
Analysis of Impediments Action Plan
Assistant City Attorney Crenna Brumwell,
Human Rights Director Kelly Larson, Housing
and Community Development Director Alvin
Nash, and Community Development Special-
ist Erica Haugen presented a slide presenta-
tion on the Voluntary Compliance Agreement
and Analysis of Impediments Action Plan.
Topics included:
• History/Background
o HUD review and findings
o Voluntary Compliance
Agreement (VCA)
• Analysis of Impediments
o Amendments to Section 8
Administrative Plan
o 2015 Consolidated Plan
o Consolidated Annual Per-
formance Evaluation Report
(CAPER)
o Annual Action Plan
o 2015 PHA 5-Year Plan
o Employee Education &
Training
o Outreach Plan
o Recordkeeping Require-
ments
o Bi-Annual Status Reports
o General Reporting
o Implementation, Monitoring,
and Enforcement
o Effect of Noncompliance
• Analysis of Impediments to Fair
Housing Choice
o Definition
o Goals / Assessment
o VCA Requirements
o Accomplishments
• Consistency with Consolidated Plan
o Definition of Consolidated
Planning
o Community Development
Process
o HUD Data: Affordability;
Household(s) Composition;
Housing Units; Cost Burden
/ by Race/Ethnicity; Availa-
bility for all Income Levels;
o Next 5 Years
• Action Plan/Looking Ahead
o Action Plan Highlights:
Comprehensive Housing
Activities for Neighborhood
Growth & Enrichment
(C.H.A.N.G.E)
o Rebranding Section 8
Housing Choice Voucher
Program
o Development of Affordable
Housing Units
o Officer at Home (OATH)
• Training Staff and Volunteers Going
Forward
• Partnerships Going Forward
• Resources
The City Council had discussion with staff
following the presentation.
There being no further business, upon mo-
tion the City Council adjourned at 6:08 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
206 Regular Session, June 15, 2015 Book 145
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on June 15, 2015 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 for
the purpose of conducting such business that
may properly come before the City Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
John Morrissey of 1000 Friends of Iowa,
2913 Oxford, Des Moines, presented the City
with the Best Development Award for the
Green Alley Program / Bee Branch Creek
Restoration Project.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Connors.
Motion carried 7-0.
1. Minutes and Reports Submitted: Arts
and Cultural Advisory Commission of 3/24,
4/28, 6/2; Cable TV Commission of 3/4; City
Council Proceedings of 6/1; Historic Preserva-
tion Commission of 5/12; Human Rights
Commission of 5/11; Library Board of Trus-
tees of 4/23; Sister City Relationships Adviso-
ry Commission of 5/20; Zoning Board of Ad-
justment of 5/28; Proof of Publication for City
Council Proceedings of 5/18; Proof of Publica-
tion for List of Claims and Summary of Reve-
nues Month Ending April 30, 2015. Upon mo-
tion the documents were received and filed.
2. Notice of Claims and Suits: Robert Mon-
they for vehicle damage, Cindy Oliver for ve-
hicle damage, and Madonna Parker for prop-
erty damage. Upon motion the documents
were received, filed and referred to the City
Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been
referred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assur-
ance Pool: Robert Monthey for vehicle dam-
age. Upon motion the documents were re-
ceived, filed and concurred.
4. Eagle Point Park Intensive Survey and
Evaluation Consultant Selection: City Manag-
er recommending approval to contract with
Wapsi Valley Archeology to conduct the Eagle
Point Park Intensive Survey and Evaluation
and authorize the City Manager to negotiate a
contract. Upon motion the documents were
received, filed and approved.
5. Request for Release of Funds Fiscal
Year 2016 CDBG Annual Action Plan: City
Manager recommending approval of the Re-
quest for Release of Funds for the proposed
projects approved in the Fiscal Year 2016
(Program Year 2015) Annual Action Plan for
Community Development Block Grant activi-
ties. Upon motion the documents were re-
ceived and filed and Resolution No. 199-15
Authorizing request for release of Community
Development Block Grant Funds for Fiscal
Year 2016 (Program Year 2015) was adopted.
RESOLUTION NO. 199-15
AUTHORIZING REQUEST FOR RELEASE
OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS FOR FISCAL YEAR 2016
(PROGRAM YEAR 2015)
Whereas, the City of Dubuque will enter
into a Community Development Block Grant
Agreement for the Fiscal Year commencing
July 1, 2015, 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 regu-
lations as promulgated by the U.S. Depart-
ment of Housing and Urban Development, an
environmental review has been processed 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 June 1, 2015 to commence the
required seven (7) day public comment peri-
od; and
Whereas, any and all comments received
as a result of such notice will be duly consid-
ered 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. De-
partment of Housing and Urban Development
at the conclusion of the comment period.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Book 145 Regular Session, June 15, 2015 207
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 Com-
munity Development Block Grant projects on
or about June 15, 2015 and submit to the U.S.
Department of Housing and Urban Develop-
ment.
Community Development Block Grant An-
nual Plan Projects
Fiscal Year 2016 (Program Year 2015)
Housing Programs: First Time Home Buy-
er Program; Homeowner Rehabilitation
(Home Repair; Residential Rehabilitation
Loan Program); Housing Administration Ser-
vices and Staff; Housing Code Enforcement;
Housing Rehabilitation Services and Staff;
Lead Hazard Control Program; Rental Unit
Rehabilitation (Emergency Code Enforcement
Loan Program; Rental Rehab Loan Program;
Accessibility Rehab) Economic Development
Programs: Commercial Industrial Building
Rehab Loan program; Economic Develop-
ment Financial Assistance Program; Microen-
terprise Assistance Program.
Neighborhood and Community Develop-
ment Programs: Accessible Curb Ramps;
Information and Referral Services; Neighbor-
hood Development Services and Staff; Neigh-
borhood Infrastructure Improvements (Neigh-
borhood Street Overlays; Neighborhood
Sidewalk Program; Neighborhood Step/Wall
Repair); Neighborhood Recreation Program;
Neighborhood Support Grants; Purchase of
Services; Four Mounds HEART Program;
Senior Center; Washington Tool Library; Zon-
ing Inspection/ Enforcement Planning and
Administration: CDBG Administration Services
and Staff.
No funds will be committed prior to com-
pletion of a review for other related laws of 24
CFR 58.5, including Section 106, if required,
for site-specific projects that are currently uni-
dentified.
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 Pro-
tection Act, insofar as the provisions of the
said Act apply to the U.S. Department of
Housing and Urban Development responsibili-
ties for review, decision making, and action
assumed and carried out by the City of Dubu-
que as to environmental issues.
Section 3. That the Mayor of the City of
Dubuque is hereby authorized to consent per-
sonally, 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 relation to environ-
mental review, decision-making and action.
Passed, approved and adopted this 15th
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Project Concern - Special Needs Assis-
tance Program: City Manager recommending
approval of the Purchase of Services Grant
Agreement with Project Concern to assist with
services provided to applicants and residents
of Phoenix Housing, a Special Needs Assis-
tance Program (SNAP). Upon motion the
documents were received, filed and approved.
7. Purchase of Property - Graf Farm: City
Attorney recommending acceptance of the
Deed to property owned by Doris A. Graf for
the purchase of agricultural property related to
the expansion of the Industrial Center Eco-
nomic Development District. Upon motion the
documents were received and filed and Reso-
lution No. 200-15 Accepting the Deed to cer-
tain real estate in Dubuque County, Iowa,
from Doris A. Graf was adopted.
RESOLUTION NO. 200-15
ACCEPTING THE DEED TO CERTAIN RE-
AL ESTATE IN DUBUQUE COUNTY, IOWA
FROM DORIS A. GRAF
Whereas, the City of Dubuque, Iowa en-
tered into a Purchase Agreement on April 7,
2015, with Doris A. Graf for the purchase of
certain real property in Dubuque County, Iowa
legally described as follows:
Lot one (1) of Graf Farm Subdivi-
sion #2, Dubuque County, Iowa, ac-
cording to the recorded plat thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of
West One-half of Northeast One-
quarter, Section 25, Township 89
North , Range 1 East of the 5th Princi-
pal Meridian, in Center Township ,
Dubuque County , Iowa;
Lot 2 in “W.A. Norman Place" in
Section 25, Center Township, Dubu-
que County, Iowa, according to the plat
thereof; and
The NW 1/4 of the SE 1/4 of Sec-
tion 25, Township 89 North, Range 1
East of the 5th P.M., in Center Town-
ship, Dubuque County, Iowa and;
Whereas, the terms of the Agreement
have been fulfilled.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby ac-
cepts the Deed from Doris A. Graf, attached
hereto.
Section 2. The City Clerk is hereby author-
ized and directed to record this Resolution
and the Deed with the Dubuque County Re-
corder.
208 Regular Session, June 15, 2015 Book 145
Passed, approved and adopted this 15th
day of June, 2015
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Revised Plat of Easement - Lot 38 of
Timber-Hyrst Estates No. 4 Sanitary Sewer
and Storm Drainage: City Manager recom-
mending approval of the Plat of Easement for
Sanitary Sewer and Storm Drainage over Lot
38 of Timber-Hyrst Estates No. 4 that ac-
commodates the revised alignment for the
public sanitary sewer. Upon motion the docu-
ments were received and filed and Resolution
No. 201-15 Approving the Plat of Easement
for Sanitary Sewer and Storm Drainage on Lot
38 of Timber-Hyrst Estate No. 4 in the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 201-15
APPROVING THE PLAT OF EASEMENT
FOR SANITARY SEWER AND STORM
DRAINAGE ON LOT 38 OF TIMBER-HYRST
ESTATES NO. 4 IN THE CITY OF DUBU-
QUE, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa a
Plat of Easement dated May 22, 2015 pre-
pared by Buesing and Associates Inc. revising
the location of certain sanitary sewer and
storm drainage easement across Lot 38 of
Timber-Hyrst Estates No. 4 in the City of
Dubuque, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto; and
Whereas, upon said plat appears ease-
ments for sanitary sewer and storm drainage,
which North Cascade Road Developers, LLC,
by said plat have dedicated to the public for-
ever; and
Whereas, the dedication of said ease-
ments is necessary for the accommodation of
the relocated sanitary sewer alignment across
said Lot 38.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat of easement dated
May 22, 2015 prepared by Buesing and Asso-
ciates Inc., relative to the real estate here-
inabove 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 and on behalf of the City
of Dubuque, Iowa.
Section 2. That the dedication of said sani-
tary sewer and storm drainage easements on
Lot 38 of Timber-Hyrst Estates No. 4 in the
City of Dubuque as they appear on said plat
of easement, be and the same are hereby
accepted.
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 of-
fice of the Recorder, in and for Dubuque
County, Iowa.
Passed, approved and adopted this 15th
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Septage Hauler Fee Change: City Man-
ager recommending adoption of a resolution
to update the rate structure for hauled sep-
tage from private sources. Upon motion the
documents were received and filed and Reso-
lution No. 202-15 Establishing a schedule for
rates for the disposal of private waste (septic,
carwash) as provided for in Title 13 of the City
of Dubuque Code of Ordinance, Public Utili-
ties was adopted.
RESOLUTION NO. 202-15
ESTABLISHING A SCHEDULE OF RATES
FOR THE DISPOSAL OF PRIVATE WASTE
(SEPTIC, CAR WASH) AS PROVIDED FOR
IN TITLE 13 OF THE CITY OF DUBUQUE
CODE OF ORDINANCES, PUBLIC UTILI-
TIES
Whereas, the City Council of the City of
Dubuque, Iowa establishes certain rates for
the disposal of private wastes (septic, car
wash) pursuant to the schedule of rates be-
low:
Water & Resource Recovery Center - Pri-
vate Waste Disposal Rate Schedule
Within City of Dubuque Limits, $ 0.060 per
gallon
Out of City of Dubuque Limits, $ 0.090 per
gallon
Car Wash Out of City of Dubuque Limits, $
0.090 per gallon
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the given rate schedule
shall take effect on July 1, 2015.
Passed, approved and adopted this 15th
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Environmental Review for Opening
Doors - Supportive Services: City Manager
recommending authorization for the Mayor to
sign the Environmental Review Determination
for Opening Doors-Support Services certifying
the activity is Categorically Excluded from the
National Environmental Policy Act of 1969.
Upon motion the documents were received,
filed and approved.
11. Environmental Review for Operation
Empower/Manasseh House - Supportive Ser-
vices: City Manager recommending authoriza-
tion for the Mayor to sign the Environmental
Book 145 Regular Session, June 15, 2015 209
Review Determination for Operation Empow-
er/Manasseh House-Support Services certify-
ing the activity is Categorically Excluded from
the National Environmental Policy Act of
1969. Upon motion the documents were re-
ceived, filed and approved.
12. College Partnership Contracts: City
Manager recommending approval of the con-
tracts for College/University Transit Partner-
ship with Clarke University, Loras College and
University of Dubuque for the 2015-2016
school year. Upon motion the documents
were received, filed and approved.
13. 2016-2018 Tow Contract Recommen-
dation: City Manager recommending award of
the Fiscal Years 2016-2018 City of Dubuque
Tow Contract to Wenzel Towing. Upon motion
the documents were received, filed and ap-
proved.
14. 2014 Asphalt Overlay Project Curb
Access Ramp Phase Three Project Ac-
ceptance: City Manager recommending ac-
ceptance of the construction contract for the
Asphalt Overlay Project – Curb Ramps Phase
Three, as completed by Midwest Concrete,
Inc. Upon motion the documents were re-
ceived and filed and Resolution No. 203-15
Accepting the 2015 Asphalt Overlay Project
Curb Access Ramp Phase Three and author-
izing the payment of the contract amount to
the contractor was adopted.
RESOLUTION NO. 203-15
ACCEPTING THE 2014 ASPHALT OVER-
LAY PROJECT CURB ACCESS RAMPS
PHASE THREE AND AUTHORIZING THE
PAYMENT OF THE CONTRACT AMOUNT
TO THE CONTRACTOR
Whereas, the Public Improvement Con-
tract for the 2014 Asphalt Overlay Project
Curb Access Ramps Phase Three (the Pro-
ject) has been completed and the City Engi-
neer has examined the work and filed a certif-
icate stating that the Project has been com-
pleted according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed; and.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
2014 Asphalt Overlay Project Curb Access
Ramps appropriations for the contract amount
of $50,782.32, 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 15th
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. 2015 Justice Assistance Grant (JAG)
Application: City Manager recommending
approval to submit the 2015 Justice Assis-
tance Grant (JAG) Application. Upon motion
the documents were received, filed and ap-
proved.
16. 2013 City Council Official Proceedings:
City Clerk submitting the Official City Council
Proceedings for 2013. Upon motion the doc-
ument was received and filed.
17. Cottingham & Butler Insurance Ser-
vices, Inc. - High Quality Jobs Contract: City
Manager recommending approval of Contract
15-DF-034 by and among Cottingham & But-
ler, Inc, the City of Dubuque, and Iowa Eco-
nomic Development Authority for expansion of
its operations in Dubuque. Upon motion the
documents were received and filed and Reso-
lution No. 204-15 Authorizing the execution of
a contract for State Business Financial Assis-
tance by and among Cottingham & Butler
Insurance Services, Inc., the City of Dubuque,
Iowa and the Iowa Economic Development
Authority was adopted.
RESOLUTION NO. 204-15
AUTHORIZING THE EXECUTION OF A
CONTRACT FOR STATE BUSINESS FI-
NANCIAL ASSISTANCE BY AND AMONG
COTTINGHAM & BUTLER INSURANCE
SERVICES, INC., THE CITY OF DUBUQUE,
IOWA AND THE IOWA ECONOMIC DE-
VELOPMENT AUTHORITY
Whereas, Cottingham & Butler Insurance
Services, Inc. has proposed making a One
Million Two Hundred Thousand Dollar
($1,200,000.00) investment in tenant im-
provements to a ten thousand square foot
(10,000 sq. ft.) office facility at 1000 & 1030
Main Street in the City of Dubuque, Iowa
which will allow the creation of ninety (90) full-
time jobs in the City; and
Whereas, the City Council of the City of
Dubuque, Iowa has considered the proposal
and has determined that the proposed project
will contribute to the local economy; and
Whereas, financial assistance from the
Iowa Economic Development Authority is de-
signed to assist in the economic development
efforts of local jurisdictions; and
Whereas, the Iowa Economic Develop-
ment Authority has requested execution of an
Economic Development Assistance Contract
210 Regular Session, June 15, 2015 Book 145
in order to finalize incentives and document
associated terms for the tenant improvements
of Cottingham & Butler Insurance Services,
Inc’s proposed project at 1000 & 1030 Main
Street in the City.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the execution of the Eco-
nomic Development Assistance Contract for
participation in the Iowa Economic Develop-
ment Authority’s Financial Assistance Pro-
gram on behalf of Cottingham & Butler Insur-
ance Services, Inc, a copy of which is at-
tached hereto, is hereby approved.
Section 2. That the Mayor is hereby au-
thorized to execute and the City Manager is
hereby directed to submit the Economic De-
velopment Assistance Contract to the Iowa
Economic Development Authority together
with such other documents as may be re-
quired.
Passed, approved, and adopted this 15th
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Hirschbach Motor Lines, Inc. Contract:
City Manager recommending approval of Con-
tract 15-DF/TC-017 by and among Hirschbach
Motor Lines, Inc., the City of Dubuque, and
Iowa Economic Development Authority for the
proposed new headquarters office facility in
Dubuque. Upon motion the documents were
received and filed and Resolution No. 205-15
Authorizing the execution of a contract for
State Business Financial Assistance by and
among Hirschbach Motor Lines, Inc., the City
of Dubuque, Iowa and the Iowa Economic
Development Authority was adopted.
RESOLUTION NO. 205-15
AUTHORIZING THE EXECUTION OF A
CONTRACT FOR STATE BUSINESS FI-
NANCIAL ASSISTANCE BY AND AMONG
HIRSCHBACH MOTOR LINES, INC., THE
CITY OF DUBUQUE, IOWA, AND THE IOWA
ECONOMIC DEVELOPMENT AUTHORITY
Whereas, Hirschbach Motor Lines, Inc.
has proposed making a Seven Million Seven
Hundred Thousand Dollar ($7,700,000.00)
investment for the redevelopment of a forty-
five thousand square foot (45,000 sq. ft.) of-
fice facility in the City of Dubuque, Iowa which
will allow Hirschbach Motor Lines, Inc. to bring
99 jobs to the city; and
Whereas, the City Council of the City of
Dubuque, Iowa has considered the proposal
and has determined that the proposed project
will contribute to the local economy; and
Whereas, financial assistance from the
Iowa Economic Development Authority is de-
signed to assist in the economic development
efforts of local jurisdictions; and
Whereas, the Iowa Economic Develop-
ment Authority has requested execution of an
Economic Development Assistance Contract
in order to finalize incentives and document
associated terms for the redevelopment of 22
East 9th Street for the offices of Hirschbach
Motor Lines, Inc.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the execution of the Eco-
nomic Development Assistance Contract for
participation in the Iowa Economic Develop-
ment Authority’s Financial Assistance Pro-
gram on behalf of Hirschbach Motor Lines,
Inc., a copy of which is attached hereto, is
hereby approved.
Section 2. That a ten (10) year tax incre-
ment financing (TIF) local match identified in
the Application may be provided to Hirsch-
bach Motor Lines, Inc., subject to further ac-
tion by the City Council.
Section 3. That the Mayor is hereby au-
thorized to execute and the City Manager is
hereby directed to submit the Economic De-
velopment Assistance Contract to the Iowa
Economic Development Authority together
with such other documents as may be re-
quired.
Passed, approved, and adopted this 15th
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Collective Bargaining Agreement -
Dubuque Police Protective Association: City
Manager transmitting information on the arbi-
tration award for the Dubuque Police Protec-
tive Association Collective Bargaining Agree-
ment. Upon motion the documents were re-
ceived and filed.
20. Dubuque West Hospitality, LLC Storm
Water Facilities Fee Agreement Assignment:
City Manager recommending approval of the
Assignment of Storm Water Facilities Fee
Agreement assigning Dubuque West Hospital-
ity, LLC’s interest in Lot 2 of Holliday 4th Addi-
tion to the purchaser of that property, AHIP IA
Dubuque Properties LLC. Upon motion the
documents were received, filed and approved.
21. Crescent Community Health Center
Contracted Services Agreement: City Manag-
er recommending execution of a Contracted
Services Agreement with Crescent Communi-
ty Health Center for Fiscal Year 2016. Upon
motion the documents were received, filed
and approved.
22. Dubuque Area Convention and Visitors
Bureau Contracted Services Agreement: City
Book 145 Regular Session, June 15, 2015 211
Manager recommending execution a Con-
tracted Services Agreement with the Dubuque
Area Convention and Visitors Bureau for Fis-
cal Year 2016. Upon motion the documents
were received, filed and approved.
23. Dubuque Area Labor Management
Council Contracted Services Agreement: City
Manager recommending execution of a Con-
tracted Services Agreement with the Dubuque
Area Labor-Management Council for Fiscal
Year 2016. Upon motion the documents were
received, filed and approved.
24. Dubuque Main Street Contracted Ser-
vices Agreement: City Manager recommend-
ing execution of a Contracted Services
Agreement with Dubuque Main Street for Fis-
cal Year 2016. Upon motion the documents
were received, filed and approved.
25. DuRide Contracted Services Agree-
ment: City Manager is recommending execu-
tion a Contracted Services Agreement with
DuRide for Fiscal Year 2016. Upon motion the
documents were received, filed and approved.
26. Every Child | Every Promise Contract-
ed Services Agreement: City Manager is rec-
ommending execution of a Contracted Ser-
vices Agreement with Every Child | Every
Promise for Fiscal Year 2016. Upon motion
the documents were received, filed and ap-
proved.
27. Greater Dubuque Development Corpo-
ration Contracted Services Agreement: City
Manager recommending execution of a Con-
tracted Services Agreement with the Greater
Dubuque Development Corporation for sup-
port of their economic development services
for Fiscal Year 2016. Upon motion the docu-
ments were received, filed and approved.
28. Hills and Dales Senior Center Contract
Services Agreement: City Manager recom-
mending execution of a Contracted Services
Agreement with Hills and Dales Senior Center
for Fiscal Year 2016. Upon motion the docu-
ments were received, filed and approved.
29. Inclusive Dubuque Contracted Ser-
vices Agreement: City Manager recommend-
ing execution of a Contracted Services
Agreement with Inclusive Dubuque for Fiscal
Year 2016. Upon motion the documents were
received, filed and approved.
30. Operation New View Contracted Ser-
vices Agreement: City Manager execution of a
Contracted Services Agreement with Opera-
tion: New View for Fiscal Year 2016. Upon
motion the documents were received, filed
and approved.
31. Project HOPE Contracted Services
Agreement: City Manager recommending
execution of a Contracted Services Agree-
ment with Project HOPE for Fiscal Year 2016.
Upon motion the documents were received,
filed and approved.
32. Washington Tool Library Contracted
Services Agreement: City Manager recom-
mending execution of a Contracted Services
Agreement with the Washington Neighbor-
hood Tool Library for Fiscal Year 2016. Upon
motion the documents were received, filed
and approved.
33. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Midwest
Concrete, Inc., for the 2015 Asphalt Overlay
Access Ramp Project Two; Miller Trucking
and Excavating, Inc., for the Airport Utility
Extension Project. Upon motion the docu-
ments were received, filed and approved.
34. Business License Refunds: Request
for liquor license refunds from The Yardarm,
Inc., License No. LC0024986 located at 1201
Shiras Ave. Ext.; and Eronel, LLC License No.
LC0039730 located at 285 Main St. Upon
motion the documents were received, filed
and approved.
35. Alcohol and Tobacco License Applica-
tions: City Manager recommending approval
of annual liquor, beer, wine and tobacco li-
cense applications as submitted. Upon motion
the documents were received and filed and
Resolution No. 206-15 Approving applications
for beer, liquor, and/or wine permits, as re-
quired by City of Dubuque Code of Ordinanc-
es Title 4 Business and License Regulations,
Chapter 2 Liquor Control, Article B Liquor,
Beer and Wine Licenses and Permits; and
Resolution No. 207-15 Approving applications
for retail cigarette/tobacco sales permits, as
required by Iowa Code 453A.47A were adopt-
ed.
RESOLUTION NO. 206-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 2
LIQUOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted
and filed with the City Council for approval
and the same have been examined and ap-
proved; and
212 Regular Session, June 15, 2015 Book 145
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 re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Adobo's Mexican Grill, 756 Main St, Class C
Liquor (Outdoor)
American Legion Post #6, 1306 Delhi St,
Class C Liquor (Catering) (Outdoor) (Sun-
day)
Colts Community Center, 1101 Central Ave,
Class C Liquor
Creslanes Bowling, 255 South Main St, Class
C Liquor (Sunday)
Diamond Jo Casino, 301 Bell Street, Class C
Liquor, Class B Wine (Outdoor) (Sunday)
Fischer Lanes, 880 Locust St, Class C Liquor
(Sunday)
Five Flags Center, 405 Main St., Class C Liq-
uor (Catering (Sunday)
Hartig Drug Company #2, 157 Locust St.,
Class E Liquor, Class B Wine, Class C
Beer (Sunday)
Jubeck New World Brewing, 115 W 11th St.,
Class B Beer (Outdoor)
Kwik Star #495, 2685 Dodge St., Class C
Beer, Class B Native Wine (Sunday)
Los Aztecas III Mexican Rest., 2345 NW Arte-
rial, Class C Liquor (Outdoor) (Sunday)
Mason Dixon Saloon, 163 Main St, Class C
Liquor (Sunday)
Paul's Tavern, 176 Locust, Class C Liquor
(Sunday)
Rotary Club of Dubuque, 135 W. 8th St.,
Class C Liquor (Sunday)
The Bait Shack, 2095 Kerper Blvd, Class B
Beer (Sunday)
New
Voices, 275 East 10th St., Class C Liquor
(Outdoor) (Sunday)
Special Events
Rotary Club of Dubuque 6-18, Port of Dubu-
que, Class C Liquor (Sunday)
The Lift 6-27, 180 Main St, Adding Outdoor
Shenanigans 6-26, 3203 Jackson, Class B
Beer (Outdoor)
Passed, approved and adopted this 15th
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 207-15
APPROVING APPLICATIONS FOR RETAIL
CIGARETTE / TOBACCO SALES PERMITS,
AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Ciga-
rette/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 author-
ized and directed to cause to be issued the
following named applicants and locations for
cigarette/tobacco sales permit.
Aragon Tap, 1103 Iowa St.
Big 10 Mart #10, 1875 JFK Rd.
Big 10 Mart #13, 2100 JFK Rd.
Hartig Drug #2, 157 Locust St.
Hartig Drug #3, 2255 JFK Rd.
Hartig Drug #4, 2225 Central Ave.
Hartig Drug #8, 1600 University Ave.
Oky Doky #1, 250 West 1st St.
Sam's Club #4973, 4400 Asbury Rd.
Sid's Beverage Store Inc., 2727 Dodge St.
Wal-Mart Supercenter # 2004, 4200
Dodge St.
Passed, approved and adopted this 15th
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the
public hearings as indicated, and direct the
City Clerk to publish notice as prescribed by
law. Seconded by Braig. Motion carried 7-0.
1. Vacating Petition for the Alley Between
Main Street and Salina Street: City Manager
recommending approval of the requests by
CW Wolff, LLC (SELCO) and Crescent Realty
Corporation (Crescent Electric) to vacate a
20-foot wide alley between Main Street and
Salina Street which abuts the SELCO proper-
ty at 15 S. Main Street and the Crescent Elec-
tric property at the intersection of S. Main St.
and Charter St. and further recommends that
a public hearing be set for July 6, 2015, on the
disposal of this property. Upon motion the
documents were received and filed and Reso-
lution No. 208-15 Approving Plat of proposed
vacated alley between Main Street and Salina
Street of Block 13 in Dubuque Harbor Com-
Book 145 Regular Session, June 15, 2015 213
pany's Addition, in the City of Dubuque, Iowa;
Resolution No. 209-15 Resolution of Intent to
vacate and dispose of City interest in the alley
between Main Street and Salina Street of
Block 13 in Dubuque Harbor Company's Addi-
tion, to be known as Lot 7A of Block 13 in
Dubuque Harbor Company's Addition, in the
City of Dubuque, Iowa and Resolution No.
210-15 Resolution of Intent to vacate and
dispose of City interest in the alley between
Main Street and Salina Street of Block 13 in
Dubuque Harbor Company's Addition, to be
known as Lot 6A of Block 13 in Dubuque Har-
bor Company's Addition, in the City of Dubu-
que, Iowa were adopted setting a public hear-
ing for a meeting to commence at 6:30 p.m.
on July 6, 2015 in the Historic Federal Build-
ing.
RESOLUTION NO. 208-15
APPROVING PLAT OF PROPOSED VA-
CATED ALLEY BETWEEN MAIN STREET
AND SALINA STREET OF BLOCK 13 IN
DUBUQUE HARBOR COMPANY’S ADDI-
TION, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa a
plat dated June 5, 2015 prepared by WHKS &
Co, describing the proposed vacated 20 foot
wide alley between Main Street and Salina
Street in Block 13 of Dubuque Harbor Com-
pany’s Addition, in the City of Dubuque, Iowa
to be known as Lot 6A and Lot 7A of Block 13
in Dubuque Harbor Company’s Addition, in
the City of Dubuque, 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 June 5,
2015 prepared by WHKS & Co., 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 of-
fice of the Recorder in and for Dubuque Coun-
ty, Iowa.
Passed, approved and adopted this 15th
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 209-15
RESOLUTION OF INTENT TO VACATE
AND DISPOSE OF CITY INTEREST IN THE
ALLEY BETWEEN MAIN STREET AND SA-
LINA STREET OF BLOCK 13 IN DUBUQUE
HARBOR COMPANY’S ADDITION, TO BE
KNOWN AS LOT 7A OF BLOCK 13 IN
DUBUQUE HARBOR COMPANY’S ADDI-
TION, IN THE CITY OF DUBUQUE, IOWA
Whereas, CW Wolff, LLC has requested
the vacating and disposal of the alley between
Main Street and Salina Street in Block 13 of
Dubuque Harbor Company’s Addition; and
Whereas, WHKS & Co. has prepared and
submitted to the City Council a plat showing
the proposed vacated 20 foot wide alley be-
tween Main and Salina Street in Block 13 of
Dubuque Harbor Company’s Addition, in the
City of Dubuque, Iowa and assigned lot num-
bers thereto, which hereinafter shall be known
and described as Lot 6A and Lot 7A of Block
13 in Dubuque Harbor Company’s Addition, in
the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque in-
tends to vacate and dispose of its interest in
Lot 7A of Block 13 in Dubuque Harbor Com-
pany’s Addition, in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 7A
of Block 13 in Dubuque Harbor Company’s
Addition, in the City of Dubuque, Iowa to CW
Wolff LLC be contingent upon the payment in
the amount of $22,000, subject to the condi-
tions of an Offer To Buy Real Estate and Ac-
ceptance Agreement between the City and
CW Wolff LLC, plus $100 for platting, publica-
tion, 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 15th
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 210-15
RESOLUTION OF INTENT TO VACATE
AND DISPOSE OF CITY INTEREST IN THE
ALLEY BETWEEN MAIN STREET AND SA-
LINA STREET OF BLOCK 13 IN DUBUQUE
HARBOR COMPANY’S ADDITION, TO BE
KNOWN AS LOT 6A OF BLOCK 13 IN
DUBUQUE HARBOR COMPANY’S ADDI-
TION, IN THE CITY OF DUBUQUE, IOWA
Whereas, Crescent Realty Corporation
has requested the vacating and disposal of
the alley between Main Street and Salina
Street in Block 13 of Dubuque Harbor Com-
pany’s Addition; and
Whereas, WHKS & Co. has prepared and
submitted to the City Council a plat showing
the proposed vacated 20 foot wide alley be-
tween Main and Salina Street in Block 13 of
Dubuque Harbor Company’s Addition, in the
City of Dubuque, Iowa and assigned lot num-
214 Regular Session, June 15, 2015 Book 145
bers thereto, which hereinafter shall be known
and described as Lot 6A and Lot7A of Block
13 in Dubuque Harbor Company’s Addition, in
the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque in-
tends to vacate and dispose of its interest in
Lot 6A of Block 13 in Dubuque Harbor Com-
pany’s Addition, in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 6A
of Block 13 in Dubuque Harbor Company’s
Addition, in the City of Dubuque, Iowa to
Crescent Realty Corporation be contingent
upon the payment of $5,200, plus $100 for
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 15th
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. 2015 Bridge Repairs and Maintenance
Project: City Manager recommending initiation
of the public bidding process for the 2015
Bridge Repairs and Maintenance Project, and
further recommends that a public hearing be
set for July 6, 2015. Upon motion the docu-
ments were received and filed and Resolution
No. 211-15 Preliminary approval of plans,
specifications, form of contract, and estimated
cost; setting date of public hearing on plans
specifications, form of contract, and estimated
cost; and ordering the advertisement of bids
was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on July 6,
2015 in the Historic Federal Building.
RESOLUTION NO. 211-15
2015 BRIDGE REPAIRS AND MAINTE-
NANCE PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form
of contract and estimated cost for the 2015
Bridge Repairs and Maintenance Project in
the estimated amount $403,535.00, are here-
by preliminarily approved and ordered filed in
the office of the City Clerk for public inspec-
tion.
A public hearing will be held on the 6th day
of July, 2015 at 6:30 p.m. in the Historic Fed-
eral Building Council Chambers at which time
interested persons may appear and be heard
for or against the proposed plans and specifi-
cations, 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 cir-
culation 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 in-
terested person may appear and file objec-
tions to the proposed plans, specifications,
form of contract, or estimated cost of the Pro-
ject.
The 2015 Bridge Repairs and Mainte-
nance 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 Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements herein provided, by publishing the
attached Notice to Bidders to be published in
a newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published not less than four but not more than
forty-five days before the date for filing bids
before 2:00 p.m. on the 9th day of July, 2015.
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
20th day of July, 2015, in the Historic Federal
Building Council Chambers (second floor),
350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 15th
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
1. Arts and Cultural Affairs Advisory
Commission: Three, 3-year terms through
June 30, 2018 (Expired terms of Henkels -
Business Professional In the Cultural and
Entertainment District; Siegert - Business Pro-
fessional Out of the Cultural and Entertain-
ment District and Steffen – At Large). Appli-
cants: Bibi Burke, 1155 Arrowhead Dr. (Quali-
fies for At-Large); Jean-Michel Choquet, 1584
White St. (Qualifies for Business Professional
out of the Cultural and Entertainment District
or At-Large); Ellen Henkels, 890 W. 3rd St
(Qualifies for Business Professional in the
Cultural and Entertainment District or At-
Large); Gina Siegert, 405 Southern Ave.
(Qualifies for Business Professional out of the
Book 145 Regular Session, June 15, 2015 215
Cultural and Entertainment District or At-
Large).
Upon roll-call vote Henkels - 4 (Lynch,
Connors, Sutton, Resnick); Burke -3; (Jones,
Buol, Braig); Choquet and Siegert - 0. Ellen
Henkels was appointed to the 3-year At-Large
term through June 30, 2018.
Upon roll-call vote Siegert - 5 (Lynch,
Jones, Buol, Connors, Sutton); Choquet - 2
(Braig, Resnick); Burke - 0, Gina Siegert was
appointed to the 3-year Business Professional
Outside the Cultural and Entertainment Dis-
trict term through June 30, 2018. No appoint-
ment was made to the Business Professional
Within the Cultural and Entertainment District.
2. Cable TV Commission: Three, 3-year
terms through July 1, 2018 (Expired terms of
McMullen, Tigges, and Vincent). Applicants:
Kathleen McMullen, 1308 Curtis St.; Jennifer
Tigges, 4927 Wild Flower Dr.; Alan Vincent,
1010 Dunham Dr. Motion by Braig to appoint
all three applicants to 3-year terms through
July 1, 2018. Seconded by Resnick. Motion
carried 7-0.
3. Civic Center Advisory Commission:
Two, 3-year terms through June 29, 2018
(Expired terms of Daugherty and Parks). Ap-
plicants: Tyler Daugherty, 418 Emmett St.;
Bryce Parks, 2005 N. Main St. Motion by
Braig to appoint both applicants to 3-year
terms through June 29, 2018. Seconded by
Resnick. Motion carried 7-0.
4. Community Development Advisory
Commission: Commission requesting Robert
Block II be appointed to the vacant term of
Michalski which has a Low- to Moderate-
Income Area requirement thus allowing his
current At Large term to be filled. One, 3 Year
term through February 15, 2017 (Vacant term
of Michalski) LMI Required. Applicant: Robert
Block II, 2447 University (Qualifies for LMI).
Motion by Connors to appoint Robert Block II
to a 3-year term through February 15, 2017.
Seconded by Jones. Motion carried 7-0.
One, 3-year term through February 15,
2017 (Vacant term of Block) At Large. Appli-
cants: Reverend Lindsay James, 2494 Pearl
St. (Qualifies for At-Large); Adrienne Scott,
1365 Solon St. (Qualifies for At- Large). Upon
roll-call vote James - 4 (Jones, Buol, Braig,
Resnick); Scott – 3 (Lynch, Connors, Sutton),
Lindsay James was appointed to a 3-year
term through February 15, 2017.
5. Historic Preservation Commission: Two,
3-year terms through July 1, 2018 (Expired
terms of Schlarman - Cathedral District and
Bichell - At-Large). Applicants: Lisa Lawson,
205 Bluff St. (Qualifies for Cathedral District
and At-Large); John McAndrews, 350 West
1st St. (Qualifies for Cathedral District and At-
Large). Motion by Braig to appoint Lisa Law-
son to the Cathedral District term and John
McAndrews to the At-Large term for 3-year
through July 1, 2018. Seconded by Resnick.
Motion carried 7-0.
6. Human Rights Commission: One, 3
Year term through January 1, 2017 (Vacant
term of Nutter). Applicants: Tanya Engling,
2899 Windsor; Reverend Lindsay James,
2494 Pearl St.; R.R.S. Stewart, 460 Summit
St. Upon roll-call vote Engling - 6 (Jones,
Buol, Braig, Connors, Sutton, Resnick);
James -1 (Lynch); Stewart – 0; Tanya Engling
was appointed to a 3-year term through Janu-
ary 1, 2017.
7. Investment Oversight Advisory Com-
mission: Two, 3 Year terms through July 1,
2018 (Expired terms of Chalmers and Ferra-
ro). Applicants: Brad Chalmers, 1095 W. 3rd
St.; Rachael Ferraro, 2538 Jackson St. Motion
by Braig to appoint both applicants to 3-year
terms through July 1, 2018. Seconded by
Resnick. Motion carried 7-0.
8. Library Board of Trustees (Mayor Ap-
pointment): One, 4-year term through July 1,
2019 (Expired term of Weiss). Applicant: Jen-
ny Weiss, 2206 Simpson St. Upon City Coun-
cil concurrence, Mayor Buol appointed Jenny
Weis to a 4-year term through July 1, 2019.
9. Long Range Planning Advisory Com-
mission: Two, 3-year terms through July 1,
2018 (Expired terms of Darter and Pregler).
Applicants: Chad Darter, 2245 Matthew John
Dr.; John Pregler, 1525 Pego Ct.; Mark Ward,
2758 Tiffany Ct. Upon roll-call vote Chad
Darter – 5 (Lynch, Jones, Braig, Connors,
Sutton, ); Pregler – 7 (Lynch, Jones, Buol,
Braig, Connors, Sutton, Resnick); and Ward -
2 (Buol, Resnick); Chad Darter and John
Pregler were appointed to 3-year terms
through July 1, 2018.
10. Parks and Recreation Advisory Com-
mission: One, 3-year term through June 30,
2018 (Expired term of Blocker). Applicants:
Robert Blocker, 880 Kane St.; Jennifer
Tigges, 4927 Wild Flower Dr. Upon roll-call
vote Blocker – 3 (Lynch, Connors, Resnick);
Tigges – 4 (Jones, Buol, Braig, Sutton); Jen-
nifer Tigges was appointed to a 3-year term
through June 30, 2018.
11. Zoning Advisory Commission: Two, 3
Year terms through July 1, 2018 (Expired
terms of Hardie and Roussell) Applicants:
Kristin Dietzel, 1432 S. Grandview Ave. (Addi-
tional Application); Stephen Hardie, 62
Fremont Ave.; Justin McCarthy, 315 River
216 Regular Session, June 15, 2015 Book 145
Ridge St.; Laura Roussell, 3224 Bittersweet
Ln.; R.R.S. Stewart, 460 Summit St. Upon
roll-call vote Dietzel – 5 (Jones, Buol, Braig,
Connors, Sutton); Hardie -3 (Lynch, Sutton,
Resnick); McCarthey – 0; Roussell -6 (Lynch,
Jones, Buol, Braig, Connors, Resnick); Stew-
art – 0), Kristin Dietzel and Laura Roussell
were appointed to 3-year terms through July
1, 2018.
PUBLIC HEARINGS
1. Request to Rezone - Lots 4 & 5 C.J.
Bies Subdivision No. 2 (Tabled from May 18,
2015): Correspondence from applicant Nicole
Imbus withdrawing the request to rezone Lots
4 and 5 of C.J. Bies Subdivision #2 (Bies
Drive and Century Drive) from C-3 General
Commercial District with conditions to PUD
Planned Unit Development to allow for Con-
struction of an assisted living residential de-
velopment and Zoning Advisory Commission
recommending approval. Motion by Connors
to remove from the table. Seconded by Lynch.
Motion carried 7-0.
Motion by Connors to accept the request
to withdraw. Seconded by Jones. Motion car-
ried 7-0.
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the following items.
2. Transit Fixed-Route Service Changes:
Proof of publication on notice of public hearing
to consider route changes in coordination with
the opening of the Intermodal Center in Au-
gust 2015 and the transition from the 6th and
Iowa Street Transfer to the Intermodal as the
downtown hub and the City Manager recom-
mending approval. Motion by Connors to re-
ceive and file the documents and adopt Reso-
lution No. 212-15 Accepting fixed-route ser-
vice changes associated with the opening of
the Dubuque Intermodal Transportation Cen-
ter. Seconded by Braig. Responding to ques-
tions from the City Council, Transit Manager
Candace Eudaley and Lead Dispatcher Jodi
Johnson explained the effect of the changes
on current service and what promotion and
staff assistance is being planned for the tran-
sition. City Manager Van Milligen provided
information on the decision not to renew the
transit contract with ECIA and bring the posi-
tion of transit manager in-house. Motion car-
ried 7-0.
RESOLUTION NO. 212-15
ACCEPTING FIXED-ROUTE SERVICE
CHANGES ASSOCIATED WITH THE OPEN-
ING OF THE DUBUQUE INTERMODAL
TRANSPORTATION CENTER
Whereas, the City of Dubuque provides
fixed-route and paratransit services for the
citizens of Dubuque; and
Whereas, the location of the downtown
fixed-route transfer location will be moved
from 6th & Iowa St to the Dubuque Intermodal
Transportation Center at 9th & Elm St; and
Whereas, the bus stop locations will be
moved to align with the new transfer location;
and
Whereas, the transfer location change is
an optimal time to make other route adjust-
ments based on ridership patterns; and
Whereas, the proposed route changes will
impact all daytime fixed-route transit riders;
and
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The following Fixed-Route service chang-
es will take effect on or after August 1, 2015
pending the opening and full operation of the
Intermodal Transportation Center.
1. The downtown transfer location will be
moved from 6th & Iowa Streets to 9th & Elm
Streets.
2. Downtown bus stops will be moved to
align with the new transfer location at 9th &
Elm Streets.
3. Service to Key West will be reduced to
every other hour.
4. Service to Fremont will be reduced to
every other hour.
5. Service to the Port of Dubuque will op-
erate only during business shuttle hours and
the Summer Trolley season.
6. Service along Loras Blvd will be re-
duced to once per hour.
7. Fixed-route buses will no longer enter
residential parking lots (St. Mary’s Apart-
ments, Windsor Apartments) or business
parking lots with narrow travel lanes (Hy-Vee
South Locust, Medical Associates East). Due
to the limited widths of these areas, it is not
safe for buses, pedestrians, and parked vehi-
cles to use at the same time.
Passed, approved and adopted this 15th
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Lowell Street Water Main, Sanitary and
Storm Sewer Improvements: Proof of publica-
tion on notice of public hearing to consider
approval of the construction plans, specifica-
tions, form of contract and the estimated cost
for the Lowell Street (Abbott to Woodworth)
Water Main, Sanitary and Storm Sewer Im-
provements Project 2015 and the City Man-
ager recommending approval. Motion by
Jones to receive and file the documents and
adopt Resolution No. 213-15 Approval of
plans, specifications, form of contract, and
Book 145 Regular Session, June 15, 2015 217
estimated cost for the Lowell Street (Abbott to
Woodworth) Water Main, Sanitary & Storm
Sewer Improvements Project 2015. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 213-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE LOWELL STREET (AB-
BOTT TO WOODWORTH) WATER MAIN,
SANITARY & STORM SEWER IMPROVE-
MENTS PROJECT 2015
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Lowell Street (Abbott to Woodworth) Water
Main, Sanitary & Storm Sewer Improvements
Project 2015, in the estimated amount
$280,798.65, are hereby approved.
Passed, adopted and approved this 15th
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Purchase of Services Funding Recom-
mendation: City Manager recommending ap-
proval for funding of the Fiscal Year 2016
Purchase of Services Grant applications as
recommended by the Community Develop-
ment Advisory Commission. Motion by Con-
nors to receive and file the documents and
approve the recommendation. Seconded by
Braig. Motion carried 7-0.
2. Arts and Culture Grant Program - Fiscal
Year 2016 Operating Support Recommenda-
tions: Arts and Cultural Affairs Advisory
Commission recommending approval of 15
Fiscal Year 2016 Arts and Culture Operating
Support Grant funding requests and authori-
zation for the City Manager to sign the funding
agreements. Motion by Braig to receive and
file the documents and approve the recom-
mendation. Seconded by Connors. Motion
carried 7-0.
3. Arts and Culture Grant Program - Fiscal
Year 2016 Special Projects Recommendation:
Arts and Cultural Affairs Advisory Commission
recommending approval of six Fiscal Year
2016 Arts and Culture Special Project Grant
funding requests and authorization for the City
Manager to sign the grant agreements. Motion
by Braig to receive and file the documents
and approve the recommendation. Seconded
by Connors. Motion carried 7-0.
4. Code of Ordinances Amendment - Title
10 Park Rangers (Second Reading): City
Manager recommending repeal of City Ordi-
nance 10-5A-1 which requires a Park Ranger
to be a certified Law Enforcement Officer with
additional information provided by the Leisure
Services Manager. Motion by Connors to re-
ceive and file the documents and that the re-
quirement 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
Resnick. Motion failed 4-3 with Lynch, Jones,
and Sutton voting nay. Leisure Services Man-
ager Marie Ware and Police Chief Mark
Dalsing responded to questions from the City
Council that included staffing levels, back-
ground information, comparison to other Iowa
cities, past issues, skills and training, and
police coverage of parks. City Manager Van
Milligen referenced the park ranger job de-
scription.
Connors moved the second reading of a
proposed ordinance amending City of Dubu-
que Code of Ordinances Title 10 Public Ways
and Property, Chapter 5 Parks and Recrea-
tion, Article A Administration by repealing
Section 10-5A-1 Park Rangers as park rang-
ers are no longer Certified Law Enforcement
Officers. Seconded by Resnick. Motion car-
ried 4-3 with Lynch, Jones, and Sutton voting
nay.
5. Request for Proposals - Skate Park
Evaluation and Conceptual Design: City Man-
ager recommending approval to initiate the
Request for Proposal process for professional
services for the Skate Park Evaluation and
Conceptual Design. Motion by Jones to re-
ceive and file the documents and approve the
recommendation. Seconded by Connors. City
Manager Van Milligen and Leisure Services
Manager Marie Ware provided related back-
ground and budget information. Motion carried
6-1 with Resnick voting nay.
6. 2015 Department of Justice Body-Worn
Camera Grant Application: City Manager rec-
ommending approval for the 2015 Department
of Justice Body-Worn Camera Grant applica-
tion that will allow for the purchase of 120
Body-Worn Cameras over a two-year period.
Motion by Lynch to receive and file the docu-
ments and approve the recommendation. Se-
conded by Connors. Responding to questions
from the City Council, Police Chief Mark
Dalsing stated that generally access to video
information is controlled and considered in-
vestigative information. Motion carried 7-0.
7. Code of Ordinances Amendment - Title
14 Building Code and Advisory Appeals
Board: City Manager recommending approval
218 Regular Session, June 15, 2015 Book 145
of an ordinance which adds a new Section 14-
1A-6 which establishes the Building Code and
Advisory Appeals Board and provides for the
powers, operation, membership, and meet-
ings. Motion by Connors to receive and file
the documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Lynch. Motion car-
ried 7-0.
Motion by Connors for final consideration
and passage of Ordinance No. 41-15 Amend-
ing City of Dubuque Code of Ordinances Title
14 Building and Development, Chapter 1
Building Codes, Article A Building Code and
Regulations by adopting a new Section 14-
1A-6 Establishing the Building Code and Ad-
visory Appeals Board and Providing for the
Powers, Operation, Membership, and Meet-
ings. Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 41-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING
CODES, ARTICLE A BUILDING CODE AND
REGULATIONS BY ADOPTING A NEW
SECTION 14-1A-6 ESTABLISHING THE
BUILDING CODE AND ADVISORY AP-
PEALS BOARD AND PROVIDING FOR THE
POWERS, OPERATION, MEMBERSHIP,
AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 14, Chapter 1, Article A of
the City of Dubuque Code of Ordinances is
amended as follows:
ARTICLE A. BUILDING CODE AND
REGULATIONS
. . . .
14-1A-6: BUILDING CODE AND ADVI-
SORY APPEALS BOARD:
A. Board Created: There is hereby created
the Building Code and Advisory Appeals
Board.
B. Purpose: The purpose of the board is to
determine the suitability of alternative building
materials and methods of building construc-
tion, to provide for reasonable interpretation of
the provisions of the International Building
Code, to advise the city council on all building
construction regulations and procedures, and
to serve as an appeal body for the decisions
of the building official.
C. Internal Organization and Rules: The
board may adopt rules and regulations to
govern its organizational procedures as may
be necessary and which are not in conflict
with this Code of Ordinances or the Iowa
Code.
D. Procedures for Operation: All adminis-
trative, personnel, accounting, budgetary, and
procurement policies of the city govern the
board in all its operations.
E. Membership:
1. The board comprises seven (7) res-
idents of the city, appointed by the city coun-
cil.
2. Residents must be eighteen (18)
years of age or older.
3. Special Qualifications.
a. One (1) member must be an archi-
tect or engineer registered in the
state of Iowa.
b. One (1) member must be a com-
mercial contractor.
c. One (1) member must be a jour-
neyman carpenter.
d. One (1) member must be a residen-
tial contractor.
e. One (1) member must be a repre-
sentative of the public at-large.
f. Two (2) representatives must have
knowledge of Americans with Disa-
bilities Act regulations to represent
the interests of persons with disabili-
ties.
F. Oath: Each person, upon appointment
or reappointment to the board, must execute
an oath of office at the first meeting of the
board following the appointment or reap-
pointment or at the city clerk’s office any time
prior to the first meeting of the board.
G. Terms: The term of office for members
of the board is three (3) years or until such
member’s successor is appointed and quali-
fied.
H: Vacancies: Vacancies must be filled in
the same manner as original appointments.
I. Officers/Organization: The board must
choose annually a chairperson and vice-
chairperson, each to serve a term of one (1)
year. The chairperson must appoint a secre-
tary, who need not be a member of the board.
The board must fill a vacancy among its offic-
ers for the remainder of the officer’s unexpired
term.
J. Meetings:
1. Regular Meetings. The board must
meet upon call of the chairperson, secre-
tary, or city manager.
2. Special Meetings. Special meetings
may be called by the chairperson or at
the written request of a majority of the
members.
3. Open Meetings. All meetings must be
called and held in conformance with the
Iowa Open Meetings Law.
4. Attendance.
a. In the event a member of the
board has been absent for three (3) or
more consecutive meetings of the
board, without being excused by the
Book 145 Regular Session, June 15, 2015 219
chairperson, such absence will be
grounds for the board to recommend to
the city council that the position be de-
clared vacant and a replacement ap-
pointed.
b. Attendance must be entered up-
on the minutes of all meetings.
5. Minutes. A copy of the minutes of all
regular and special meetings of the
board must be filed with the city council
within ten (10) working days after each
meeting, or by the next regularly sched-
uled city council meeting, whichever is
later.
6. Quorum. For meetings where the agen-
da does not include the review of any
Americans with Disabilities Act issues,
three (3) members of the board consti-
tute a quorum for the transaction of
business. For meetings where the agen-
da does include the review of any Amer-
icans with Disabilities Act issues, four (4)
members of the board and at least one
(1) of the Americans with Disabilities Act
representatives must be in attendance to
constitute a quorum for the transaction
of business. An affirmative vote of a ma-
jority of the members present and voting
is necessary for the adoption of any mo-
tion or resolution.
K. Compensation: Members serve without
compensation, provided that they may receive
reimbursement for necessary travel and other
expenses while on official board business
within the limits established in the city admin-
istrative policies and budget.
L. Removal: The city council may remove
any member for cause upon written charges
and after a public hearing.
M. Powers. The board has the following
powers, duties, and responsibilities:
1. Any person who is aggrieved by a
decision of the building official on any re-
quirements resulting from the enforcement
of the building code may appeal from such
decision to the building code board and
said board shall serve as an appeal board.
In case the aggrieved party is a member of
said board, said member shall be disquali-
fied as a member of the board acting as
an appeal board, until the person ag-
grieved has been heard and a decision
rendered.
The appeal shall be made by the per-
son aggrieved, giving written notice of
such appeal to the building official within
seven (7) days of receipt of decision from
which the appeal is taken. The building
code board sitting as an appeal board
shall meet within ten (10) working days af-
ter receiving such notice and render a de-
cision within five (5) working days thereaf-
ter. Any interested party, including the
building official, shall have the right to pre-
sent their case to the appeal board, whose
decision shall be final unless appealed to
the district court as provided by law.
The board of appeals may reverse or mod-
ify a decision of the building official only on
finding that:
a. The building official had incorrectly
interpreted the provision of this code; or,
b. The decision of the building official
creates an unnecessary hardship upon the
appellant.
The board of appeals shall require that
sufficient evidence or proof be submitted to
substantiate any claims made regarding the
use of alternates.
All appeal hearings shall be conducted in
accordance with the procedures specified in
this code.
On issues before the board involving the
Americans with Disabilities Act the board may
elect to seek input from Americans with Disa-
bilities Act advocates in the community. If the
board elects to seek input from Americans
with Disabilities Act advocates in the commu-
nity the board shall consult with a minimum of
two (2) individuals.
N. Limitations Of Authority. The board of
appeals shall have no authority relative to
interpretation of the administrative provisions
of this code nor shall the board be empow-
ered to waive requirements of this code.
In so modifying or reversing such decision
of the building official, the board of appeals
may authorize any alternate to the decision of
the building official and the provisions, provid-
ed it finds the proposed material or method of
construction is satisfactory for the use intend-
ed and complies with the provisions of this
code, and that the material, method, or work
offered is, for the purpose intended, at least
equivalent to that prescribed by this code in
suitability, strength, effectiveness, durability,
fire resistance, and safety.
Section 2. Nothing herein effects the term
of any person serving as a member of the
board as of the effective date of this Ordi-
nance.
Section 3. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 15th
day of June, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 19th day of June, 2015.
/s/Kevin S. Firnstahl, City Clerk
8. Stormwater Utility Revenue Capital
Loan Notes (State Revolving Fund Program)
Series 2015B: City Manager recommending
approval of the suggested proceedings to
complete action required for the Stormwater
220 Regular Session, June 15, 2015 Book 145
Utility Revenue Capital Loan Notes from the
State of Iowa Revolving Fund Loan Iowa Wa-
ter Pollution Control Works Financing Pro-
gram. Motion by Jones to receive and file the
documents and adopt Resolution No. 214-15
Approving and authorizing a form of Loan and
Disbursement Agreement by and between the
City of Dubuque and the Iowa Finance Au-
thority, and authorizing and providing for the
issuance and securing the payment of
$29,541,000 Stormwater Utility Revenue Cap-
ital Loan Notes, Series 2015B, of the City of
Dubuque, Iowa under the provisions of the
Code of Iowa, and providing for a method of
payment of said Notes. Seconded by Con-
nors. Motion carried 7-0.
RESOLUTION NO. 214-15
APPROVING AND AUTHORIZING THE
FORM OF LOAN AND DISBURSEMENT
AGREEMENT BY AND BETWEEN THE
CITY OF DUBUQUE AND THE IOWA FI-
NANCE AUTHORITY, AND AUTHORIZING
AND PROVIDING FOR THE ISSUANCE
AND SECURING THE PAYMENT OF
$29,541,000 STORMWATER UTILITY REV-
ENUE CAPITAL LOAN NOTES, SERIES
2015B, OF THE CITY OF DUBUQUE, IOWA
UNDER THE PROVISIONS OF THE CODE
OF IOWA, AND PROVIDING FOR A METH-
OD OF PAYMENT OF SAID NOTES
Whereas, the City Council of the City of
Dubuque, Iowa sometimes hereinafter re-
ferred to as the "Issuer", has heretofore estab-
lished charges, rates and rentals for services
which are and will continue to be collected as
system revenues of the Stormwater Utility
System, sometimes hereinafter referred to as
the "System", and said revenues have not
been pledged and are available for the pay-
ment of revenue Notes, subject to the follow-
ing premises; and
Whereas, Issuer proposes to issue its
Stormwater Utility Revenue Capital Loan
Notes, Series 2015B, to the extent of
$29,541,000, for the purpose of defraying the
costs of the Project as set forth in Section 1 of
this Resolution; and, it is deemed necessary
and advisable and in the best interests of the
City that the form of Loan and Disbursement
Agreement by and between the City and the
Iowa Finance Authority, be approved and au-
thorized; and
Whereas, the Issuer has previously issued
$998,000 Stormwater Utility Revenue Capital
Loan Notes, Series 2010B, dated January 13,
2010; $7,850,000 Stormwater Utility Revenue
Capital Loan Notes, Series 2010G, dated Oc-
tober 27, 2010; and $1,029,000 Stormwater
Utility Revenue Capital Loan Notes, Taxable
Series 2014A, dated February 28, 2014 (to-
gether, the "Outstanding Obligations"), each
payable from the net revenues of the System;
and
Whereas, the notice of intention of Issuer
to take action for the issuance of not to ex-
ceed $34,000,000 Stormwater Utility Revenue
Capital Loan Notes, Series 2015B has hereto-
fore been duly published and no objections to
such proposed action have been filed; and
Whereas, in the resolutions authorizing the
issuance of the Outstanding Obligations it is
provided that additional revenue notes may be
issued on a parity with the outstanding notes
or bonds, for the costs of future improvements
and extensions to the System, provided that
there has been procured and placed on file
with the City Clerk, a statement complying
with the conditions and limitations therein im-
posed upon the issuance of said parity notes
or bonds; and
Whereas, the Iowa Finance Authority, as
the sole holder of the Outstanding Obliga-
tions, has agreed to waive the requirement
that a statement of an independent certified
public accountant be placed on file in the of-
fice of the City Clerk prior to Closing, showing
the conditions and limitations of the resolution
authorizing the Outstanding Obligations, with
regard to the sufficiency of the revenues of
the System to permit the issuance of addition-
al revenue notes or bonds ranking on a parity
with the Outstanding Obligations to have been
met and satisfied as required.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IN THE COUNTY OF DUBUQUE,
STATE OF IOWA:
Section 1. Definitions. The following terms
shall have the following meanings in this Res-
olution unless the text expressly or by neces-
sary implication requires otherwise:
●"Additional Notes" shall mean any
stormwater utility revenue notes or
notes issued on a parity with the Notes
in accordance with the provisions of
this Resolution.
●"Agreement" shall mean the Loan
and Disbursement Agreement, dated
as of the Closing between the City and
the Original Purchaser, relating to the
Loan made to the City under the Pro-
gram.
●"Authorized Denominations" shall
mean $1,000 or any integral multiple
thereof.
●"Clerk" shall mean the City Clerk or
such other officer of the successor
Governing Body as shall be charged
with substantially the same duties and
responsibilities.
●"Closing" shall mean the date of de-
livery of the Note to the Original Pur-
chaser and the funding of the Loan by
the Trustee.
Book 145 Regular Session, June 15, 2015 221
●"Corporate Seal" shall mean the offi-
cial seal of Issuer adopted by the Gov-
erning Body.
●"Fiscal Year" shall mean the twelve-
month period beginning on July l of
each year and ending on the last day
of June of the following year, or any
other consecutive twelve-month period
adopted by the Governing Body or by
law as the official accounting period of
the System. Requirements of a Fiscal
Year as expressed in this Resolution
shall exclude any payment of principal
or interest falling due on the first day of
the Fiscal Year and include any pay-
ment of principal or interest falling due
on the first day of the succeeding Fis-
cal Year.
●"Governing Body" shall mean the City
Council of the City, or its successor in
function with respect to the operation
and control of the System.
●"Independent Auditor" shall mean an
independent firm of Certified Public
Accountants or the Auditor of State.
●"Issuer" and "City" shall mean the
City of Dubuque, Iowa.
●"Loan" shall mean the principal
amount allocated by the Original Pur-
chaser to the City under the Program,
equal in amount to the principal
amount of the Notes;
●"Net Revenues" shall mean gross
earnings of the System after deduction
of Current Expenses; "Current Ex-
penses" shall mean and include the
reasonable and necessary cost of op-
erating, maintaining, repairing and in-
suring the System, including purchas-
es at wholesale, if any, salaries, wag-
es, and costs of materials and sup-
plies, but excluding depreciation and
principal of and interest on the Notes
and any Parity Obligations or pay-
ments to the various funds established
herein; capital costs, depreciation and
interest or principal payments are not
System expenses.
●"Notes" or "Note" shall mean
$29,541,000 Stormwater Utility Reve-
nue Capital Loan Notes, Series 2015B,
authorized to be issued by this Resolu-
tion
●"Original Purchaser" shall mean the
Iowa Finance Authority, as the pur-
chaser of the Notes from Issuer at the
time of their original issuance.
●"Outstanding Obligations" shall mean
the $998,000 Stormwater Utility Reve-
nue Capital Loan Notes, Series 2010B,
dated January 13, 2010, the
$7,850,000 Stormwater Utility Reve-
nue Capital Loan Notes, Series
2010G, dated October 27, 2010, and
the $1,029,000 Stormwater Utility
Revenue Capital Loan Notes, Taxable
Series 2014A, dated February 28,
2014.
●"Parity Obligations" shall mean storm
water notes or bonds payable solely
from the Net Revenues of the System
on an equal basis with the Notes here-
in authorized to be issued, and shall
include the Outstanding Obligations.
●"Paying Agent" shall mean the City
Treasurer, or such successor as may
be approved by Issuer as provided
herein and who shall carry out the du-
ties prescribed herein as Issuer's
agent to provide for the payment of
principal of and interest on the Notes
as the same shall become due.
●"Permitted Investments" shall mean:
■ direct obligations of (including obli-
gations issued or held in book entry
form on the books of) the Depart-
ment of the Treasury of the United
States of America;
■ obligations of any of the following
federal agencies which obligations
represent full faith and credit of the
United States of America, including:
– Export - Import Bank
– Farm Credit System Financial
Assistance Corporation
– USDA - Rural Development
– General Services Administra-
tion
– U.S. Maritime Administration
– Small Business Administration
– Government National Mort-
gage Association (GNMA)
– U.S. Department of Housing &
Urban Development (PHA's)
– Federal Housing Administra-
tion
■ repurchase agreements whose un-
derlying collateral consists of the in-
vestments set out above if the Issuer
takes delivery of the collateral either
directly or through an authorized cus-
todian. Repurchase agreements do
not include reverse repurchase
agreements;
■ senior debt obligations rated "AAA"
by Standard & Poor's Corporation
(S&P) or "Aaa" by Moody's Investors
Service Inc. (Moody's) issued by the
Federal National Mortgage Associa-
tion or the Federal Home Loan Mort-
gage Corporation;
■ U.S. dollar denominated deposit
accounts, federal funds and banker's
acceptances with domestic commer-
cial banks which have a rating on
their short-term certificates of deposit
222 Regular Session, June 15, 2015 Book 145
on the date of purchase of "A-1" or
"A-1+" by S&P or "P-1" by Moody's
and maturing no more than 360 days
after the date of purchase (ratings on
holding companies are not consid-
ered as the rating of the bank);
■ commercial paper which is rated at
the time of purchase in the single
highest classification, "A-1+" by S&P
or "P-1" by Moody's and which ma-
tures not more than 270 days after
the date of purchase;
■ investments in a money market
fund rated "AAAm" or "AAAm-G" or
better by S&P;
■ pre-refunded municipal obligations,
defined as any notes or other obliga-
tions of any state of the United
States of America or of any agency,
instrumentality or local governmental
unit of any such state which are not
callable at the option of the obligor
prior to maturity or as to which irrev-
ocable instructions have been given
by the obligor to call on the date
specified in the notice; and (a) which
are rated, based on an irrevocable
escrow account or fund (the "es-
crow"), in the highest rating category
of S&P or Moody's or any succes-
sors thereto; or (b)(i) which are fully
secured as to principal and interest
and redemption premium, if any, by
an escrow consisting only of cash or
direct obligations of the Department
of the Treasury of the United States
of America, which escrow may be
applied only to the payment of such
principal of and interest and redemp-
tion premium, if any, on such notes
or other obligations on the maturity
date or dates thereof or the specified
redemption date or dates pursuant to
such irrevocable instructions, as ap-
propriate; and (ii) which escrow is
sufficient, as verified by a nationally
recognized independent certified
public accountant, to pay principal of
and interest and redemption premi-
um, if any, on the notes or other obli-
gations described in this paragraph
on the maturity date or dates speci-
fied in the irrevocable instructions re-
ferred to above, as appropriate;
■ tax exempt notes as defined and
permitted by section 148 of the Inter-
nal Revenue Code and applicable
regulations and only if rated within
the two highest classifications as es-
tablished by at least one of the
standard rating services approved by
the superintendent of banking by rule
adopted pursuant to chapter 17A
Code of Iowa;
■ an investment contract rated within
the two highest classifications as es-
tablished by at least one of the
standard rating services approved by
the superintendent of banking by rule
adopted pursuant to chapter 17A
Code of Iowa; and
■ Iowa Public Agency Investment
Trust.
● "Prior Note Resolutions" shall mean
Resolution No. 467-09, approved on
December 21, 2009, Resolution No.
404-10, approved on October 18,
2010, and Resolution No. 47-14, ap-
proved on February 17, 2014 authoriz-
ing the issuance of the Outstanding
Obligations.
● "Program" shall mean the Iowa Wa-
ter Pollution Control Works Financing
Program undertaken by the Original
Purchaser.
● "Project" shall mean costs of land
acquisition, engineering and construc-
tion of Phase 7 of the Bee Branch Wa-
tershed Flood Mitigation Project, also
known as the Upper Bee Branch Creek
Restoration, the refunding and refi-
nancing of the outstanding General
Obligation Capital Loan Notes Antici-
pation Project Note, Series 2006, dat-
ed December 28, 2006, issued in re-
spect of such costs, and the Catfish
Creek Watershed Improvements.
● "Project Fund" shall mean the Loan
Account maintained by the Trustee
under the Program for the benefit of
the Issuer, into which the proceeds of
the Loan and the Note shall be allocat-
ed and held until disbursed to pay Pro-
ject costs.
● "Registrar" shall mean the City
Treasurer or such successor as may
be approved by Issuer as provided
herein and who shall carry out the du-
ties prescribed herein with respect to
maintaining a register of the owners of
the Notes. Unless otherwise specified,
the Registrar shall also act as Transfer
Agent for the Notes.
● "Resolution" shall mean this resolu-
tion authorizing the issuance of the
Notes.
● "System" shall mean the Stormwater
Utility of the Issuer and all properties of
every nature hereinafter owned by the
Issuer comprising part of or used as a
part of the System, including all im-
provements and extensions made by
Issuer while any of the Notes or Parity
Notes remain outstanding; all real and
personal property; and all appurte-
Book 145 Regular Session, June 15, 2015 223
nances, contracts, leases, franchises
and other intangibles.
"Tax Exemption Certificate" shall mean
the Tax Exemption Certificate execut-
ed by the Treasurer and delivered at
the time of issuance and delivery of the
Notes.
● "Treasurer" shall mean the City
Treasurer or such other officer as shall
succeed to the same duties and re-
sponsibilities with respect to the re-
cording and payment of the Notes is-
sued hereunder.
"Trustee" shall mean Wells Fargo
Bank, National Association, with its
principal office located in the City of
Chicago, Illinois, and its successors
and any corporation resulting from or
surviving any consolidation or merger
to which it or its successors may be a
party and any successor trustee under
the Program.
"Yield Restricted" shall mean required
to be invested at a yield that is not ma-
terially higher than the yield on the
Notes under Section 148(a) of the In-
ternal Revenue Code or regulations is-
sued thereunder.
Section 2. Authority. The Agreement and
the Notes authorized by this Resolution shall
be issued pursuant to Division V, Chapter 384
of the City Code of Iowa, and in compliance
with all applicable provisions of the Constitu-
tion and laws of the State of Iowa. The
Agreement shall be substantially in the form
attached to this Resolution and are authorized
to be executed and issued on behalf of the
Issuer by the Mayor and attested by the City
Clerk.
Section 3. Authorization and Purpose.
There are hereby authorized to be issued,
negotiable, serial, fully registered Stormwater
Utility Revenue Capital Loan Notes of Dubu-
que, in the County of Dubuque, State of Iowa,
Series 2015B, in the aggregate amount of
$29,541,000 for the purpose of paying costs
of land acquisition, engineering and construc-
tion of Phase 7 of the Bee Branch Watershed
Flood Mitigation Project, also known as the
Upper Bee Branch Creek Restoration, the
refunding and refinancing of the outstanding
General Obligation Capital Loan Notes Antici-
pation Project Note, Series 2006, dated De-
cember 28, 2006, issued in respect of such
costs, and the Catfish Creek Watershed Im-
provements. The City Council, pursuant to
Sections 384.24A and 384.84A of the Code of
Iowa, hereby finds and determines that it is
necessary and advisable to issue said Notes
authorized by the Agreement and this Resolu-
tion.
Section 4. Source of Payment. The Notes
herein authorized and Parity Notes and the
interest thereon shall be payable solely and
only out of the net earnings of the System and
shall be a lien on the future Net Revenues of
the System; provided, however, that in the
discretion of the City Council, amounts on
deposit in the Additional Projects Account of
the Flood Project Fund established under the
authority of Resolution No. 159-14 approved
on May 19, 2014 may also be applied to the
payment of the Notes. The Notes shall not be
general obligations of the Issuer nor shall they
be payable in any manner by taxation and the
Issuer shall be in no manner liable by reason
of the failure of the said Net Revenues to be
sufficient for the payment of the Notes.
Section 5. Note Details. Stormwater Utility
Revenue Capital Loan Notes, Series 2015B,
of the City in the amount of $29,541,000, shall
be issued to evidence the obligations of the
Issuer under the Agreement pursuant to the
provisions of Sections 384.24A and 384.84A
of the Code of Iowa for the aforesaid purpose.
The Notes shall be designated "STORM-
WATER UTILITY REVENUE CAPITAL LOAN
NOTE, SERIES 2015B", be dated the date of
delivery, and bear interest at the rate of 1.75%
per annum from the date of each advance-
ment made under the Agreement, until pay-
ment thereof, at the office of the Paying
Agent, said interest payable on December 1,
2015, and semi-annually thereafter on the 1st
day of June and December in each year until
maturity as set forth on the Debt Service
Schedules attached to the Agreement as Ex-
hibit A and incorporated herein by this refer-
ence. As set forth on said Debt Service
Schedule, principal shall be payable on June
1, 2018 and annually thereafter on the 1st day
of June in the amounts set forth therein until
principal and interest are fully paid, except
that the final installment of the entire balance
of principal and interest, if not sooner paid,
shall become due and payable on June 1,
2037. Notwithstanding the foregoing or any
other provision hereof, principal and interest
shall be payable as shown on said Debt Ser-
vice Schedule until completion of the Project,
at which time the final Debt Service Schedule
shall be determined by the Trustee based
upon actual advancements, final costs and
completion of the Project, all as provided in
the administrative rules governing the Pro-
gram. Payment of principal and interest on the
Notes shall at all times conform to said Debt
Service Schedule and the rules of the Pro-
gram.
Notwithstanding any provision of the Note
to the contrary and according to the terms and
conditions of the Loan and Disbursement
Agreement, an amount equal to 20% of the
aggregate amount of disbursements made
under the Loan and Disbursement Agreement
(the "Principal Forgiveness") shall be forgiven
224 Regular Session, June 15, 2015 Book 145
by Iowa Finance Authority, and no payments
of principal or interest shall be due with re-
spect to the Principal Forgiveness after the
date of such Principal Forgiveness (provided,
however, that any accrued interest due on
such portion up to, but not including, the date
of such forgiveness shall be paid as otherwise
required under the Loan and Disbursement
Agreement).
The Notes shall be executed by the man-
ual or facsimile signature of the Mayor and
attested by the manual or facsimile signature
of the Clerk, and impressed or imprinted with
the seal of the City and shall be fully regis-
tered as to both principal and interest as pro-
vided in this Resolution; principal, interest and
premium, if any, shall be payable at the office
of the Paying Agent by mailing of a check,
wire transfer or automated clearing house
system transfer to the registered owner of the
Note. The Notes shall be in the denomination
of $1,000 or multiples thereof and may at the
request of the Original Purchaser be initially
issued as a single Note in the denomination of
$29,541,000 numbered R-1.
Section 6. Initiation Fee and Servicing
Fee. In addition to the payment of principal of
and interest on the Notes, the Issuer also
agrees to pay the Initiation Fee and the Ser-
vicing Fee as defined and in accordance with
the terms of the Agreement.
Section 7. Redemption. The Notes are
subject to optional redemption at a price of
par plus accrued interest (i) on any date upon
receipt of written consent of the Original Pur-
chaser or (ii) in the event that all or substan-
tially all of the Project is damaged or de-
stroyed. Any optional redemption of the Notes
may be made from any funds regardless of
source, in whole or from time to time in part, in
inverse order of maturity, by giving not less
than thirty (30) days' notice of redemption by
certified or registered mail to the Original Pur-
chaser (or any other registered owner of the
Note). The terms of redemption shall be par,
plus accrued interest to date of call. The
Notes are also subject to mandatory redemp-
tion as set forth in Section 5 of the Agree-
ment.
Section 8. Registration of Notes; Appoint-
ment of Registrar; Transfer; Ownership; De-
livery; and Cancellation.
(a) Registration. The ownership of Notes
may be transferred only by the making of an
entry upon the books kept for the registration
and transfer of ownership of the Notes, and in
no other way. The Treasurer is hereby ap-
pointed as Note Registrar under the terms of
this Resolution. Registrar shall maintain the
books of the Issuer for the registration of
ownership of the Notes for the payment of
principal of and interest on the Notes as pro-
vided in this Resolution. All Notes shall be
negotiable as provided in Article 8 of the Uni-
form Commercial Code subject to the provi-
sions for registration and transfer contained in
the Notes and in this Resolution.
(b) Transfer. The ownership of any Note
may be transferred only upon the Registration
Books kept for the registration and transfer of
Notes and only upon surrender thereof at the
office of the Registrar together with an as-
signment duly executed by the holder or his
duly authorized attorney in fact in such form
as shall be satisfactory to the Registrar, along
with the address and social security number
or federal employer identification number of
such transferee (or, if registration is to be
made in the name of multiple individuals, of all
such transferees). In the event that the ad-
dress of the registered owner of a Note (other
than a registered owner which is the nominee
of the broker or dealer in question) is that of a
broker or dealer, there must be disclosed on
the Registration Books the information per-
taining to the registered owner required
above. Upon the transfer of any such Note, a
new fully registered Note, of any denomina-
tion or denominations permitted by this Reso-
lution in aggregate principal amount equal to
the unmatured and unredeemed principal
amount of such transferred fully registered
Note, and bearing interest at the same rate
and maturing on the same date or dates shall
be delivered by the Registrar.
(c) Registration of Transferred Notes. In all
cases of the transfer of the Notes, the Regis-
trar shall register, at the earliest practicable
time, on the Registration Books, the Notes, in
accordance with the provisions of this Resolu-
tion.
(d) Ownership. As to any Note, the person
in whose name the ownership of the same
shall be registered on the Registration Books
of the Registrar shall be deemed and regard-
ed as the absolute owner thereof for all pur-
poses, and payment of or on account of the
principal of any such Notes and the premium,
if any, and interest thereon shall be made only
to or upon the order of the registered owner
thereof or his legal representative. All such
payments shall be valid and effectual to satis-
fy and discharge the liability upon such Note,
including the interest thereon, to the extent of
the sum or sums so paid.
(e) Cancellation. All Notes which have
been redeemed shall not be reissued but shall
be cancelled by the Registrar. All Notes which
are cancelled by the Registrar shall be de-
stroyed and a Certificate of the destruction
thereof shall be furnished promptly to the Is-
suer; provided that if the Issuer shall so direct,
the Registrar shall forward the cancelled
Notes to the Issuer.
(f) Non-Presentment of Notes. In the event
any payment check representing payment of
Book 145 Regular Session, June 15, 2015 225
principal of or interest on the Notes is returned
to the Paying Agent or if any note is not pre-
sented for payment of principal at the maturity
or redemption date, if funds sufficient to pay
such principal of or interest on Notes shall
have been made available to the Paying
Agent for the benefit of the owner thereof, all
liability of the Issuer to the owner thereof for
such interest or payment of such Notes shall
forthwith cease, terminate and be completely
discharged, and thereupon it shall be the duty
of the Paying Agent to hold such funds, with-
out liability for interest thereon, for the benefit
of the owner of such Notes who shall thereaf-
ter be restricted exclusively to such funds for
any claim of whatever nature on his part un-
der this Resolution or on, or with respect to,
such interest or Notes. The Paying Agent's
obligation to hold such funds shall continue for
a period equal to two years and six months
following the date on which such interest or
principal became due, whether at maturity, or
at the date fixed for redemption thereof, or
otherwise, at which time the Paying Agent,
shall surrender any remaining funds so held to
the Issuer, whereupon any claim under this
Resolution by the Owners of such interest or
Notes of whatever nature shall be made upon
the Issuer.
Section 9. Reissuance of Mutilated, De-
stroyed, Stolen or Lost Notes. In case any
outstanding Note shall become mutilated or
be destroyed, stolen or lost, the Issuer shall at
the request of Registrar authenticate and de-
liver a new Note of like tenor and amount as
the Note so mutilated, destroyed, stolen or
lost, in exchange and substitution for such
mutilated Note to Registrar, upon surrender of
such mutilated Note, or in lieu of and substitu-
tion for the Note destroyed, stolen or lost,
upon filing with the Registrar evidence satis-
factory to the Registrar and Issuer that such
Note has been destroyed, stolen or lost and
proof of ownership thereof, and upon furnish-
ing the Registrar and Issuer with satisfactory
indemnity and complying with such other rea-
sonable regulations as the Issuer or its agent
may prescribe and paying such expenses as
the Issuer may incur in connection therewith.
Section 10. Record Date. Payments of
principal and interest, otherwise than upon full
redemption, made in respect of any Note,
shall be made to the registered holder thereof
or to their designated Agent as the same ap-
pear on the books of the Registrar on the 15th
day of the month preceding the payment date.
All such payments shall fully discharge the
obligations of the Issuer in respect of such
Notes to the extent of the payments so made.
Section 11. Execution, Authentication and
Delivery of the Notes. Upon the adoption of
this Resolution, the Mayor and City Clerk shall
execute and deliver the Notes to the Regis-
trar, who shall authenticate the Notes and
deliver the same to or upon order of the Origi-
nal Purchaser. No Note shall be valid or ob-
ligatory for any purpose or shall be entitled to
any right or benefit hereunder unless the Reg-
istrar shall duly endorse and execute on such
Note a Certificate of Authentication substan-
tially in the form of the Certificate herein set
forth. Such Certificate upon any Note execut-
ed on behalf of the Issuer shall be conclusive
evidence that the Note so authenticated has
been duly issued under this Resolution and
that the holder thereof is entitled to the bene-
fits of this Resolution.
Section 12. Right to Name Substitute Pay-
ing Agent or Registrar. Issuer reserves the
right to name a substitute, successor Regis-
trar or Paying Agent upon giving prompt writ-
ten notice to each registered noteholder.
Section 13. Form of Note. Notes shall be
printed in substantial compliance with stand-
ards proposed by the American Standards
Institute substantially in the form as [provid-
ed].
Section 14. Equality of Lien. The timely
payment of principal of and interest on the
Notes and Parity Notes shall be secured
equally and ratably by the Net Revenues of
the System without priority by reason of num-
ber or time of sale or delivery; and the Net
Revenues of the System are hereby irrevoca-
bly pledged to the timely payment of both
principal and interest as the same become
due.
Section 15. Application of Note Proceeds -
Project Fund. Proceeds of the Notes shall be
applied as follows:
An amount equal to the Initiation Fee and
other costs of issuance of the Notes shall be
applied to pay such costs as may be ap-
proved by the Treasurer.
The balance of the proceeds shall be de-
posited to the Project Fund and expended
therefrom for the purposes of issuance.
Any amounts on hand in the Project Fund
shall be available for the payment of the prin-
cipal of or interest on the Notes at any time
that other funds of the System shall be insuffi-
cient to the purpose, in which event such
funds shall be repaid to the Project Fund at
the earliest opportunity. Any balance on hand
in the Project Fund and not immediately re-
quired for its purposes may be invested not
inconsistent with limitations provided by law,
the Internal Revenue Code and this Resolu-
tion. Any excess proceeds remaining on hand
after completion of the purpose of issuance
shall be paid into the Improvement Fund to
the maximum required amounts and any re-
maining amounts shall be used to call or oth-
erwise retire Notes.
Section 16. User Rates. There has hereto-
fore been established and published as re-
226 Regular Session, June 15, 2015 Book 145
quired by law, just and equitable rates or
charges for the use of the service rendered by
the System. Said rates or charges to be paid
by the owner of each and every lot, parcel of
real estate, or building that is connected with
and uses the System, by or through any part
of the System or that in any way uses or is
served by the System.
Any revenues paid and collected for the
use of the System and its services by the Is-
suer or any department, agency or instrumen-
tality of the Issuer shall be used and account-
ed for in the same manner as any other reve-
nues derived from the operations of the Sys-
tem.
Section 17. Application of Revenues. From
and after the delivery of any Notes, and as
long as any of the Notes or Parity Notes shall
be outstanding and unpaid either as to princi-
pal or as to interest, or until all of the Notes
and Parity Notes then outstanding shall have
been discharged and satisfied in the manner
provided in this Resolution, the entire income
and revenues of the System shall be deposit-
ed as collected in a fund to be known as the
Storm Water Utility Revenue Fund (the "Rev-
enue Fund"), and shall be disbursed only as
follows:
(a) Operation and Maintenance Fund.
Money in the Revenue Fund shall first be dis-
bursed to make deposits into a separate and
special fund to pay current expenses. The
fund shall be known as the Stormwater Utility
Revenue Operation and Maintenance Fund
(the "Operation and Maintenance Fund").
There shall be deposited in the Operation and
Maintenance Fund each month an amount
sufficient to meet the current expenses of the
month plus an amount equal to 1/12th of ex-
penses payable on an annual basis such as
insurance. After the first day of the month,
further deposits may be made to this account
from the Revenue Fund to the extent neces-
sary to pay current expenses accrued and
payable to the extent that funds are not avail-
able in the Surplus Fund.
(b) Sinking Fund. Money in the Revenue
Fund shall next be disbursed to make depos-
its into a separate and special fund to pay the
principal and interest requirements of the Fis-
cal Year on the Notes and Parity Notes. The
fund shall be known as the Stormwater Utility
Revenue Capital Loan Note and Interest Sink-
ing Fund (the "Sinking Fund"). The required
amount to be deposited in the Sinking Fund in
any month shall be the equal monthly amount
necessary to pay in full the installment of in-
terest coming due on the next interest pay-
ment date on the then outstanding Notes and
Parity Notes plus the equal monthly amount
necessary to pay in full the installment of prin-
cipal coming due on such Notes on the next
succeeding principal payment date until the
full amount of such installment is on hand. If
for any reason the amount on hand in the
Sinking Fund exceeds the required amount,
the excess shall forthwith be withdrawn and
paid into the Revenue Fund. Money in the
Sinking Fund shall be used solely for the pur-
pose of paying principal of and interest on the
Notes and Parity Notes as the same shall
become due and payable.
(c) Subordinate Obligations. Money in the
Revenue Fund may next be used to pay prin-
cipal of and interest on (including reasonable
reserves therefor) any other obligations which
by their terms shall be payable from the reve-
nues of the System, but subordinate to the
Notes and Parity Notes, and which have been
issued for the purposes of extensions and
improvements to the System or to retire the
Notes or Parity Notes in advance of maturity,
or to pay for extraordinary repairs or replace-
ments to the System.
(d) Surplus Revenue. All money thereafter
remaining in the Revenue Fund at the close of
each month may be deposited in any of the
funds created by this Resolution, may be used
to pay for extraordinary repairs or replace-
ments to the System, or may be used to pay
or redeem the Notes or Parity Notes any of
them, or for any lawful purpose.
Money in the Revenue Fund shall be allot-
ted and paid into the various funds and ac-
counts hereinbefore referred to in the order in
which said funds are listed, on a cumulative
basis on the 10th day of each month, or on
the next succeeding business day when the
10th shall not be a business day; and if in any
month the money in the Revenue Fund shall
be insufficient to deposit or transfer the re-
quired amount in any of said funds or ac-
counts, the deficiency shall be made up in the
following month or months after payments into
all funds and accounts enjoying a prior claim
to the revenues shall have been met in full.
Section 18. Outstanding Obligations. The
provisions in the Prior Note Resolutions,
whereby there was created and is to be main-
tained a Storm Water Utility Revenue Note
Principal and Interest Sinking Fund ("Sinking
Fund"), and for the monthly payment into said
fund from the future Net Revenues of the Sys-
tem such portion thereof as will be sufficient to
meet the principal and interest of the Out-
standing Obligations, and maintaining a re-
serve therefor, are hereby ratified and con-
firmed, and all such provisions inure to and
constitute the security for the payment of the
principal and interest on Notes hereby author-
ized to be issued; provided, however, that the
amounts to be set aside and paid into the
Sinking Fund in equal monthly installments
from the earnings shall be sufficient to pay the
principal and interest due each year, not only
on the Outstanding Obligations, but also the
Book 145 Regular Session, June 15, 2015 227
principal and interest of the Notes herein au-
thorized to be issued. Except as may be oth-
erwise provided in the above Prior Note Reso-
lutions, proceeds of the Notes or other funds
may be invested in Permitted Investments.
Nothing in this Resolution shall be con-
strued to impair the rights vested in the Out-
standing Obligations. The amounts herein
required to be paid into the various funds
named in this Section shall be inclusive of
payments required in respect to the Outstand-
ing Obligations. The provisions of the legisla-
tion authorizing the Outstanding Obligations
and the provisions of this Resolution are to be
construed wherever possible so that the same
will not be in conflict. In the event such con-
struction is not possible, the provisions of the
resolution first adopted shall prevail until such
time as the notes or bonds authorized by said
resolution have been paid in full or otherwise
satisfied as therein provided at which time the
provisions of this Resolution shall again pre-
vail.
Section 19. Investments. Moneys on hand
in the Project Fund and all of the funds pro-
vided by this Resolution may be invested only
in Permitted Investments or deposited in fi-
nancial institutions which are members of the
Federal Deposit Insurance Corporation, or its
equivalent successor, and the deposits of
which are insured thereby and all such depos-
its exceeding the maximum amount insured
from time to time by FDIC or its equivalent
successor in any one financial institution shall
be continuously secured in compliance with
the State Sinking Fund provided under Iowa
Code chapter 12C, or otherwise by a valid
pledge of direct obligations of the United
States Government having an equivalent
market value. All investments shall mature
before the date on which the moneys are re-
quired for the purposes for which the fund was
created or otherwise as herein provided. The
provisions of this Section shall not be con-
strued to require the Issuer to maintain sepa-
rate accounts for the funds created by this
Section.
All income derived from such investments
shall be deposited in the Revenue Fund and
shall be regarded as revenues of the System
except earnings on investments of the Project
Fund shall be deposited in and expended
from the Project Fund. Investments shall at
any time necessary be liquidated and the pro-
ceeds thereof applied to the purpose for which
the respective fund was created.
Section 20. Covenants Regarding the Op-
eration of the System. The Issuer hereby cov-
enants and agrees with each and every holder
of the Notes and Parity Notes:
(a) Maintenance and Efficiency. The Issu-
er will maintain the System in good condition
and operate it in an efficient manner and at
reasonable cost.
(b) Sufficiency of Rates. On or before the
beginning of each Fiscal Year the Governing
Body will adopt or continue in effect rates for
all services rendered by the System deter-
mined to be sufficient to produce Net Reve-
nues for the next succeeding Fiscal Year ad-
equate to pay principal and interest require-
ments and create reserves as provided in this
Resolution but not less than 110% percent of
the principal and interest requirements of the
Fiscal Year. No free use of the System by the
Issuer or any department, agency or instru-
mentality of the Issuer shall be permitted ex-
cept upon the determination of the Governing
Body that the rates and changes otherwise in
effect are sufficient to provide Net Revenues
at least equal to the requirements of this sub-
section.
(c) Insurance. The Issuer shall maintain
insurance for the benefit of the noteholders on
the insurable portions of the System of a kind
and in an amount which normally would be
carried by private companies engaged in a
similar kind of business. The proceeds of any
insurance, except public liability insurance,
shall be used to repair or replace the part or
parts of the System damaged or destroyed.
(d) Accounting and Audits. The Issuer will
cause to be kept proper books and accounts
adapted to the System and in accordance with
generally accepted accounting practices, and
will diligently act to cause the books and ac-
counts to be audited annually and reported
upon not later than 180 days after the end of
each Fiscal Year by an Independent Auditor
and will provide copies of the audit report to
the holders of any of the Notes and Parity
Notes upon request. The holders of any of the
Notes and Parity Notes shall have at all rea-
sonable times the right to inspect the System
and the records, accounts and data of the
Issuer relating thereto.
(e) State Laws. The Issuer will faithfully
and punctually perform all duties with refer-
ence to the System required by the Constitu-
tion and laws of the State of Iowa, including
the making and collecting of reasonable and
sufficient rates for services rendered by the
System as above provided, and will segregate
the revenues of the System and apply said
revenues to the funds specified in this Resolu-
tion.
(f) Property. The Issuer will not sell, lease,
mortgage or in any manner dispose of the
System, or any capital part thereof, including
any and all extensions and additions that may
be made thereto, until satisfaction and dis-
charge of all of the Notes and Parity Notes
shall have been provided for in the manner
provided in this Resolution; provided, howev-
er, that this covenant shall not be construed to
228 Regular Session, June 15, 2015 Book 145
prevent the disposal by the Issuer of property
which in the judgment of its Governing Body
has become inexpedient or unprofitable to use
in connection with the System, or if it is to the
advantage of the System that other property
of equal or higher value be substituted there-
for, and provided further that the proceeds of
the disposition of such property shall be
placed in a revolving fund and used in prefer-
ence to other sources for capital improve-
ments to the System. Any such proceeds of
the disposition of property acquired with the
proceeds of the Notes or Parity Notes shall
not be used to pay principal or interest on the
Notes and Parity Notes or for payments into
the Sinking Funds.
(g) Fidelity Note. The Issuer shall maintain
fidelity note coverage in amounts which nor-
mally would be carried by private companies
engaged in a similar kind of business on each
officer or employee having custody of funds of
the System.
(h) Budget. The Governing Body of the Is-
suer shall approve and conduct operations
pursuant to a system budget of revenues and
current expenses for each Fiscal Year. Such
budget shall take into account revenues and
current expenses during the current and last
preceding Fiscal Years. Copies of such budg-
et and any amendments thereto shall be pro-
vided to the holders of any of the Notes upon
request.
Section 21. Remedies of Noteholders. Ex-
cept as herein expressly limited the holder or
holders of the Notes and Parity Notes shall
have and possess all the rights of action and
remedies afforded by the common law, the
Constitution and statutes of the State of Iowa,
and of the United States of America, for the
enforcement of payment of their Notes and
interest thereon, and of the pledge of the rev-
enues made hereunder, and of all covenants
of the Issuer hereunder.
Section 22. Prior Lien and Parity Notes.
The Issuer will issue no other Notes or obliga-
tions of any kind or nature payable from or
enjoying a lien or claim on the property or
revenues of the System having priority over
the Notes or Parity Notes.
Additional Notes may be issued on a parity
and equality of rank with the Notes with re-
spect to the lien and claim of such Additional
Notes to the revenues of the System and the
money on deposit in the funds adopted by this
Resolution, for the following purposes and
under the following conditions, but not other-
wise:
(a) For the purpose of refunding any of the
Notes or Parity Notes which shall have ma-
tured or which shall mature not later than
three months after the date of delivery of such
refunding Notes and for the payment of which
there shall be insufficient money in the Sink-
ing Fund;
(b) For the purpose of refunding any
Notes, Parity Notes or general obligation
notes outstanding, or making extensions, ad-
ditions, improvements or replacements to the
System, if all of the following conditions shall
have been met:
(i) before any such Additional Notes rank-
ing on a parity are issued, there will have
been procured and filed with the Clerk, a
statement of an Independent Auditor not a
regular employee of the Issuer, reciting the
opinion based upon necessary investigations
that the Net Revenues of the System for the
preceding Fiscal Year (with adjustments as
hereinafter provided) were equal to at least
1.10 times the maximum amount that will be
required in any Fiscal Year prior to the longest
maturity of any of the Notes or Parity Notes
for both principal of and interest on all Notes
or Parity Notes then outstanding which are
payable from the net earnings of the System
and the Additional Notes then proposed to be
issued.
For the purpose of determining the Net
Revenues of the System for the preceding
Fiscal Year as aforesaid, the amount of the
gross revenues for such year may be adjusted
by an Independent Auditor, not a regular em-
ployee of the Issuer, so as to reflect any
changes in the amount of such revenues
which would have resulted had any revision of
the schedule of rates or charges imposed at
or prior to the time of the issuance of any such
Additional Notes been in effect during all of
such preceding Fiscal Year.
(ii) the Additional Notes must be payable
as to principal and as to interest on the same
month and day as the Notes herein author-
ized.
(iii) for the purposes of this Section, princi-
pal and interest falling due on the first day of a
Fiscal Year shall be deemed a requirement of
the immediately preceding Fiscal Year.
(iv) for the purposes of this Section, gen-
eral obligation capital loan notes shall be re-
funded only upon a finding of necessity by the
Governing Body and only to the extent the
general obligation capital loan notes were
issued or the proceeds of them were expend-
ed for the System.
(v) for purposes of this Section, "preceding
Fiscal Year" shall be the most recently com-
pleted Fiscal Year for which audited financial
statements prepared by a certified public ac-
countant are issued and available, but in no
event a Fiscal Year which ended more than
eighteen months prior to the date of issuance
of the Additional Notes.
Section 22. Disposition of Proceeds; Arbi-
trage Not Permitted. The Issuer reasonably
expects and covenants that no use will be
Book 145 Regular Session, June 15, 2015 229
made of the proceeds from the issuance and
sale of the Notes issued hereunder which will
cause any of the Notes to be classified as
arbitrage bonds within the meaning of Section
148(a) and (b) of the Internal Revenue Code
of the United States, and that throughout the
term of said Notes it will comply with the re-
quirements of said statute and regulations
issued thereunder.
To the best knowledge and belief of the
Issuer, there are no facts or circumstances
that would materially change the foregoing
statements or the conclusion that it is not ex-
pected that the proceeds of the Notes will be
used in a manner that would cause the Notes
to be arbitrage bonds. Without limiting the
generality of the foregoing, the Issuer hereby
agrees to comply with the provisions of the
Tax Exemption Certificate and the provisions
of the Tax Exemption Certificate are hereby
incorporated by reference as part of this
Resolution. The Treasurer is hereby directed
to make and insert all calculations and deter-
minations necessary to complete the Tax Ex-
emption Certificate in all respects and to exe-
cute and deliver the Tax Exemption Certificate
at issuance of the Notes to certify as to the
reasonable expectations and covenants of the
Issuer at that date.
The Issuer covenants that it will treat as
Yield Restricted any proceeds of the Notes
remaining unexpended after three years from
the issuance and any other funds required by
the Tax Exemption Certificate to be so treat-
ed. If any investments are held with respect to
the Notes and Parity Obligations, the Issuer
shall treat the same for the purpose of re-
stricted yield as held in proportion to the origi-
nal principal amounts of each issue.
The Issuer covenants that it will exceed
any investment yield restriction provided in
this Resolution only in the event that it shall
first obtain an opinion of recognized bond
counsel that the proposed investment action
will not cause the Notes to be classified as
arbitrage bonds under Section 148(a) and (b)
the Internal Revenue Code or regulations
issued thereunder.
The Issuer covenants that it will proceed
with due diligence to spend the proceeds of
the Notes for the purpose set forth in this
Resolution. The Issuer further covenants that
it will make no change in the use of the pro-
ceeds available for the construction of facili-
ties or change in the use of any portion of the
facilities constructed therefrom by persons
other than the Issuer or the general public
unless it has obtained an opinion of bond
counsel or a revenue ruling that the proposed
project or use will not be of such character as
to cause interest on any of the Notes not to be
exempt from federal income taxes in the
hands of holders other than substantial users
of the project, under the provisions of Section
142(a) of the Internal Revenue Code of the
United States, related statutes and regula-
tions.
Section 23. Additional Covenants, Repre-
sentations and Warranties of the Issuer. The
Issuer certifies and covenants with the pur-
chasers and holders of the Notes from time to
time outstanding that the Issuer through its
officers, (a) will make such further specific
covenants, representations and assurances
as may be necessary or advisable; (b) comply
with all representations, covenants and as-
surances contained in the Tax Exemption
Certificate, which Tax Exemption Certificate
shall constitute a part of the contract between
the Issuer and the owners of the Notes; (c)
consult with bond counsel (as defined in the
Tax Exemption Certificate); (d) pay to the
United States, as necessary, such sums of
money representing required rebates of ex-
cess arbitrage profits relating to the Notes; (e)
file such forms, statements and supporting
documents as may be required and in a timely
manner; and (f) if deemed necessary or ad-
visable by its officers, to employ and pay fiscal
agents, financial advisors, attorneys and other
persons to assist the Issuer in such compli-
ance.
Section 24. Amendment of Resolution to
Maintain Tax Exemption. This Resolution may
be amended without the consent of any owner
of the Notes if, in the opinion of bond counsel,
such amendment is necessary to maintain tax
exemption with respect to the Notes under
applicable Federal law or regulations.
Section 25. Discharge and Satisfaction of
Notes. The covenants, liens and pledges en-
tered into, created or imposed pursuant to this
Resolution may be fully discharged and satis-
fied with respect to the Notes and Parity
Notes, or any of them, in any one or more of
the following ways:
(a) By paying the Notes or Parity Notes
when the same shall become due and paya-
ble; and
(b) By depositing in trust with the Treasur-
er, or with a corporate trustee designated by
the Governing Body for the payment of said
obligations and irrevocably appropriated ex-
clusively to that purpose an amount in cash or
direct obligations of the United States the ma-
turities and income of which shall be sufficient
to retire at maturity, or by redemption prior to
maturity on a designated date upon which
said obligations may be redeemed, all of such
obligations outstanding at the time, together
with the interest thereon to maturity or to the
designated redemption date, premiums there-
on, if any that may be payable on the redemp-
tion of the same; provided that proper notice
of redemption of all such obligations to be
redeemed shall have been previously pub-
230 Regular Session, June 15, 2015 Book 145
lished or provisions shall have been made for
such publication.
Upon such payment or deposit of money
or securities, or both, in the amount and man-
ner provided by this Section, all liability of the
Issuer with respect to the Notes or Parity
Notes shall cease, determine and be com-
pletely discharged, and the holders thereof
shall be entitled only to payment out of the
money or securities so deposited.
Section 26. Resolution a Contract. The
provisions of this Resolution shall constitute a
contract between the Issuer and the holder or
holders of the Notes and Parity Notes, and
after the issuance of any of the Notes no
change, variation or alteration of any kind in
the provisions of this Resolution shall be
made in any manner, except as provided in
the next succeeding Section, until such time
as all of the Notes and Parity Notes, and in-
terest due thereon, shall have been satisfied
and discharged as provided in this Resolution.
Section 27. Amendment of Resolution
Without Consent. The Issuer may, without the
consent of or notice to any of the holders of
the Notes and Parity Notes, amend or sup-
plement this Resolution for any one or more of
the following purposes:
(a) to cure any ambiguity, defect, omission
or inconsistent provision in this Resolution or
in the Notes or Parity Notes; or to comply with
any application provision of law or regulation
of federal or state agencies; provided, howev-
er, that such action shall not materially ad-
versely affect the interests of the holders of
the Notes or Parity Notes;
(b) to change the terms or provisions of
this Resolution to the extent necessary to
prevent the interest on the Notes or Parity
Notes from being includable within the gross
income of the holders thereof for federal in-
come tax purposes;
(c) to grant to or confer upon the holders
of the Notes or Parity Notes any additional
rights, remedies, powers or authority that may
lawfully be granted to or conferred upon the
holders of the Notes;
(d) to add to the covenants and agree-
ments of the Issuer contained in this Resolu-
tion other covenants and agreements of, or
conditions or restrictions upon, the Issuer or to
surrender or eliminate any right or power re-
served to or conferred upon the Issuer in this
Resolution; or
(e) to subject to the lien and pledge of this
Resolution additional pledged revenues as
may be permitted by law.
Section 28. Amendment of Resolution Re-
quiring Consent. This Resolution may be
amended from time to time if such amend-
ment shall have been consented to by holders
of not less than two-thirds in principal amount
of the Notes and Parity Notes at any time out-
standing (not including in any case any Notes
which may then be held or owned by or for the
account of the Issuer, but including such Re-
funding Notes as may have been issued for
the purpose of refunding any of such Notes if
such Refunding Notes shall not then be
owned by the Issuer); but this Resolution may
not be so amended in such manner as to:
(a) Make any change in the maturity or in-
terest rate of the Notes, or modify the terms of
payment of principal of or interest on the
Notes or any of them or impose any condi-
tions with respect to such payment;
(b) Materially affect the rights of the hold-
ers of less than all of the Notes and Parity
Notes then outstanding; and
(c) Reduce the percentage of the principal
amount of Notes, the consent of the holders of
which is required to effect a further amend-
ment.
Whenever the Issuer shall propose to
amend this Resolution under the provisions of
this Section, it shall cause notice of the pro-
posed amendment to be filed with the Original
Purchaser and to be mailed by certified mail
to each registered owner of any Notes as
shown by the records of the Registrar. Such
notice shall set forth the nature of the pro-
posed amendment and shall state that a copy
of the proposed amendatory Resolution is on
file in the office of the City Clerk.
Whenever at any time within one year
from the date of the mailing of said notice
there shall be filed with the City Clerk an in-
strument or instruments executed by the
holders of at least two-thirds in aggregate
principal amount of the Notes then outstand-
ing as in this Section defined, which instru-
ment or instruments shall refer to the pro-
posed amendatory Resolution described in
said notice and shall specifically consent to
and approve the adoption thereof, thereupon,
but not otherwise, the Governing Body of the
Issuer may adopt such amendatory Resolu-
tion and such Resolution shall become effec-
tive and binding upon the holders of all of the
Notes and Parity Notes.
Any consent given by the holder of a Note
pursuant to the provisions of this Section shall
be irrevocable for a period of six months from
the date of the instrument evidencing such
consent and shall be conclusive and binding
upon all future holders of the same Note dur-
ing such period. Such consent may be re-
voked at any time after six months from the
date of such instrument by the holder who
gave such consent or by a successor in title
by filing notice of such revocation with the City
Clerk.
The fact and date of the execution of any
instrument under the provisions of this Section
may be proved by the certificate of any officer
in any jurisdiction who by the laws thereof is
Book 145 Regular Session, June 15, 2015 231
authorized to take acknowledgments of deeds
within such jurisdiction that the person signing
such instrument acknowledged before him the
execution thereof, or may be proved by an
affidavit of a witness to such execution sworn
to before such officer.
The amount and numbers of the Notes
held by any person executing such instrument
and the date of his holding the same may be
proved by an affidavit by such person or by a
certificate executed by an officer of a bank or
trust company showing that on the date there-
in mentioned such person had on deposit with
such bank or trust company the Notes de-
scribed in such certificate.
Notwithstanding anything in this Section to
the contrary, the holder or holders of 100% of
the Notes and Parity Obligations may consent
to any amendment of this Resolution, or waive
any notices required hereunder, on such
terms and under such conditions as said
holders shall determine to be appropriate.
Section 29. Severability. If any section,
paragraph, or provision of this Resolution
shall be held to be invalid or unenforceable for
any reason, the invalidity or unenforceability
of such section, paragraph or provision shall
not affect any of the remaining provisions.
Section 30. Repeal of Conflicting Ordi-
nances or Resolutions and Effective Date. All
other ordinances, resolutions and orders, or
parts thereof, in conflict with the provisions of
this Resolution are, to the extent of such con-
flict, hereby repealed; and this Resolution
shall be in effect from and after its adoption.
Section 31. Rule of Construction. This
Resolution and the terms and conditions of
the Notes authorized hereby shall be con-
strued whenever possible so as not to conflict
with the terms and conditions of the Loan and
Disbursement Agreement. In the event such
construction is not possible, or in the event of
any conflict or inconsistency between the
terms hereof and those of the Loan and Dis-
bursement Agreement, the terms of the Loan
and Disbursement Agreement shall prevail
and be given effect to the extent necessary to
resolve any such conflict or inconsistency.
Passed and approved this 15th day of
June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. ITC Overhead Electric Transmission
Facilities: City Manager recommending adop-
tion of a resolution which states that the filing
of a petition by lTC for a proposed overhead
electric transmission line facility in the City of
Dubuque and a formal public hearing process
would not be in the public interest and further
recommends that the minimum 250-foot dis-
tance from transmission lines not be waived if
a petition is considered. Motion by Jones to
receive and file the documents and adopt
Resolution No. 215-15 Providing that a pro-
posed project by ITC Midwest LLC for a li-
cense to erect, maintain and operate a pro-
posed Electric Transmission Line Facility in
the City of Dubuque would not be permittable
under the City of Dubuque Code of Ordinanc-
es and would not be permitted by the City
Council and therefore an application for a
license and the required process for such a
license would not be in the public interest.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 215-15
PROVIDING THAT A PROPOSED PROJECT
BY ITC MIDWEST LLC FOR A LICENSE TO
ERECT, MAINTAIN AND OPERATE A PRO-
POSED ELECTRIC TRANSMISSION LINE
FACILITY IN THE CITY OF DUBUQUE
WOULD NOT BE PERMITTABLE UNDER
THE CITY OF DUBUQUE CODE OF ORDI-
NANCES AND WOULD NOT BE PERMIT-
TED BY THE CITY COUNCIL AND THERE-
FORE AN APPLICATION FOR A LICENSE
AND THE REQUIRED PROCESS FOR
SUCH A LICENSE WOULD NOT BE IN THE
PUBLIC INTEREST
Whereas, City of Dubuque Code of Ordi-
nances Chapter 11-6 establishes a process
for licensing electric transmission line compa-
nies which requires an electric transmission
line company to apply for a license to erect,
maintain and operate a facility within the city;
and
Whereas, the applicant must hold a public
informational meeting prior to filing the peti-
tion; and
Whereas, Chapter 11-6 requires the City
Council to hold a public hearing when consid-
ering whether to grant, amend, extend, or
renew such a license; and
Whereas, ITC Midwest LLC (ITC) propos-
es to apply for a license for three (3) proposed
route alternatives for a 345 kilovolt (KV) over-
head electric transmission line as shown on
the attached map; and
Whereas, the City Manager has met with
representatives of ITC to gather information
about the proposed project; and
Whereas, the City Manager and City staff
have investigated the project, including mate-
rial provided by ITC; and
Whereas, the City Manager has provided
the City Council with the attached recommen-
dation that the filing of a petition by ITC and a
formal public hearing process would not be in
the public interest; and
Whereas, the City Council, having re-
viewed the City Manager’s recommendation,
and material provided by ITC, finds that the
City Council has adequate information to de-
termine that the proposed project is not per-
mittable and would not be permitted under
232 Regular Session, June 15, 2015 Book 145
Chapter 11-6, and that the recommendation of
the City Manager should be approved.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby ap-
proves the recommendation of the City Man-
ager that the filing of a petition by ITC for a
license to erect, maintain and operate a facili-
ty within the city as proposed by ITC is not
permittable and would not be permitted by the
City Council, and that the filing of an applica-
tion by ITC and proceeding with the process
required by the City of Dubuque Code of Or-
dinances for such a license would not be in
the public interest.
Passed, approved and adopted this 15th
day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. National Register Nomination - Upper
Iowa Street Historic District: City Manager
recommending approval of the Upper Iowa
Street Historic District Nomination and ap-
proval for the Mayor to execute the Certified
Local Government National Register Nomina-
tion Evaluation Report Form. Motion by Braig
to receive and file the documents and approve
the recommendation. Seconded by Connors.
Planning Services Manager Laura Carstens
provided information on how the designation
avails property owners to funding for im-
provements and explained the different regu-
lations when local, state and federal funds are
used. Motion carried 7-0.
11. National Register Nomination - Old
Main Street Historic District Boundary In-
crease and Amendment: City Manager rec-
ommending approval of the Old Main Street
District Boundary Increase and Amendment
Nomination and approval for the Mayor to
execute the Certified Local Government Na-
tional Register Nomination Evaluation Report
Form. Motion by Lynch to receive and file the
documents and approve the recommendation.
Seconded by Connors. Motion carried 7-0.
12. National Register Nomination - Semi-
nary Hill Residential Historic District: City
Manager recommending approval of the Sem-
inary Hill Residential Historic District Nomina-
tion and approval for the Mayor to execute the
Certified Local Government National Register
Nomination Evaluation Report Form. Motion
by Connors to receive and file the documents
and approve the recommendation. Seconded
by Resnick. Motion carried 7-0.
13. National Register Nomination - Wash-
ington Residential Historic District: City Man-
ager recommending approval of the Washing-
ton Residential Historic District Nomination
and approval for the Mayor to execute the
Certified Local Government National Register
Nomination Evaluation Report Form. Motion
by Lynch to receive and file the documents
and approve the recommendation. Seconded
by Connors. Motion carried 7-0.
14. National Register Nomination - Fe-
nelon Place Residential Historic District: City
Manager recommending approval of the Fe-
nelon Place Residential Historic District Nom-
ination and approval for the Mayor to execute
the Certified Local Government National Reg-
ister Nomination Evaluation Report Form.
Motion by Jones to receive and file the docu-
ments and approve the recommendation. Se-
conded by Connors. Planning Services Man-
ager Laura Carstens stated that the nomina-
tion would not effect in-fill/new construction in
the district, but that requirements may be dif-
ferent if federal funds are used. Motion carried
7-0.
CLOSED SESSION
Motion by Jones to convene in closed
session at 8:26 p.m. to discuss pending litiga-
tion and property acquisition pursuant to
Chapter 21.5(1)(c), -(j) Code of Iowa. Se-
conded by Resnick. Motion carried 7-0.
Upon motion the City Council reconvened
in open session at 9:35 p.m. stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 9:36 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
Book 145 Special and Regular Sessions, July 6, 2015 233
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:30 p.m. on July 6, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members,
Braig Connors, Jones, Lynch, Resnick, Sutton;
City Manager Van Milligen, City Attorney Lin-
dahl
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of conducting a closed session
pursuant to Chapter 21.5(1)(i) Code of Iowa.
CLOSED SESSION
Professional Evaluation(s) – Chapter 21.5(1)(i)
Code of Iowa
Motion by Jones to convene in closed ses-
sion at 5:32 p. m. to conduct professional
evaluations pursuant to Chapter 21.5(1)(i)
Code of Iowa. Seconded by Braig. Motion car-
ried 7-0.
Upon motion the City Council reconvened
in open session at 6:28 p.m. stating that the
evaluations were completed.
There being no further business, upon mo-
tion the City Council adjourned at 6:29 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on July 6, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members
Braig Connors, Jones, Lynch, Resnick, Sutton;
City Manager Van Milligen, City Attorney Lin-
dahl
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.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. The City
Clerk corrected the address for item #22 Ac-
ceptance of Grant of Easement at 1411 N.
Grandview Ave. Motion carried 7-0.
1. Minutes and Reports Submitted: Arts
and Cultural Affairs Advisory Commission of
6/23; City Council Proceedings of 6/15; Civil
Service Commission of 6/22; Community De-
velopment Advisory Commission of 6/17;
Housing Code Appeals Board of 5/19; Library
Board of Trustee Update of 5/28; Proof of pub-
lication for City Council Proceedings of 6/1.
Upon motion the documents were received
and filed.
2. Notice of Claims and Suits: Eric Evers
for vehicle damage; Shane Flesher for proper-
ty damage; Ashley Kohnen for vehicle dam-
age; David Lynn for vehicle damage; Tim
Mueller for monetary loss; Fondell Excavating,
Inc. vs. City of Dubuque. Upon motion the
documents were received, filed and referred to
the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Shane Flesher for property damage;
Ashley Kohnen for vehicle damage; David
Lynn for vehicle damage; Madonna Parker for
property damage. Upon motion the documents
were received, filed and concurred
.
234 Regular Sessions, July 6, 2015 Book 145
4. Contracted Services Agreement - Al-
most Home at St. John's: City Manager rec-
ommending approval of the Contracted Ser-
vices Agreement with Almost Home at St.
John’s for Fiscal Year 2016. Upon motion the
documents were received, filed and approved.
5. Purchase of Services Grant Agreement -
Bell Tower Productions: City Manager recom-
mending approval of the Purchase of Services
Grant Agreement with Bell Tower Productions
for Fiscal Year 2016. Upon motion the docu-
ments were received, filed and approved.
6. Purchase of Services Grant Agreement -
Dubuque Community YMCA/YWCA: City
Manager recommending approval of the Pur-
chase of Services Grant Agreement with
Dubuque Community YMCA/YWCA Victim
Services Shelter for Fiscal Year 2016. Upon
motion the documents were received, filed and
approved.
7. Purchase of Services Grant Agreement -
Dubuque County Extension: City Manager
recommending approval of a Purchase of Ser-
vices Grant Agreement with Dubuque County
ISU Extension for Fiscal Year 2016. Upon mo-
tion the documents were received, filed and
approved.
8. Contracted Services Agreement - Hills
and Dales Lifetime Center: City Manager rec-
ommending approval of the Contracted Ser-
vices Agreement with Hills and Dales Senior
Center Lifetime Program for Fiscal Year 2016.
Upon motion the documents were received,
filed and approved.
9. Purchase of Services Grant Agreement -
Four Mounds Foundation: City Manager rec-
ommending approval of a Purchase of Ser-
vices Grant Agreement with Four Mounds
Foundation. Upon motion the documents were
received, filed and approved.
10. Purchase of Services Grant Agreement
- Helping Services for Northeast Iowa: City
Manager recommending approval of the Pur-
chase of Services Grant Agreement with Help-
ing Services of Northeast Iowa for Fiscal Year
2016. Upon motion the documents were re-
ceived, filed and approved.
11. Purchase of Services Grant Agreement
- Lutheran Services in Iowa: City Manager
recommending approval of the Purchase of
Services Grant Agreement with Lutheran Ser-
vices in Iowa for Fiscal Year 2016. Upon mo-
tion the documents were received, filed and
approved.
12. Purchase of Services Grant Agreement
- Northeast Iowa School of Music: City Man-
ager recommending approval of a Purchase of
Services Grant Agreement with Northeast Io-
wa School of Music for Fiscal Year 2016. Upon
motion the documents were received, filed and
approved.
13. Purchase of Services Grant Agreement
- Opening Doors: City Manager recommending
approval of the Purchase of Services Grant
Agreement with Opening Doors for Fiscal Year
2016. Upon motion the documents were re-
ceived, filed and approved.
14. Purchase of Services Grant Agreement
- Project Concern 2-1-1: City Manager recom-
mending approval of the Purchase of Services
Grant Agreement with Project Concern to as-
sist Project Concern’s 211 Center for Fiscal
Year 2016. Upon motion the documents were
received, filed and approved.
15. Purchase of Services Grant Agreement
- Project Concern Foster Grandparent Pro-
gram: City Manager recommending approval
of the Purchase of Services Grant Agreement
with Project Concern to partially fund the Fos-
ter Grandparent Program for Fiscal Year 2016.
Upon motion the documents were received,
filed and approved.
16. Purchase of Services Grant Agreement
- Retired and Senior Volunteer Program: City
Manager recommending approval of the Pur-
chase of Services Grant Agreement with the
Retired and Senior Volunteer Program (RSVP)
for Fiscal Year 2016. Upon motion the docu-
ments were received, filed and approved.
17. Purchase of Services Grant Agreement
- Riverview Center: City Manager recommend-
ing approval of the Purchase of Services Grant
Agreement with Riverview Center for Fiscal
Year 2016. Upon motion the documents were
received, filed and approved.
18. Purchase of Services Grant Agreement
- St. Mark Youth Enrichment: City Manager
recommending approval of the Purchase of
Services Grant Agreement with St. Mark’s
Youth Enrichment for Fiscal Year 2016. Upon
motion the documents were received, filed and
approved.
19. Contracted Services Grant Agreement
- Washington Tool Library: City Manager rec-
ommending approval of the Contracted Ser-
vices Grant Agreement with the Washington
Tool Library for Fiscal Year 2016. Upon motion
the documents were received, filed and ap-
proved.
Book 145 Regular Session, July 6, 2015 235
20. Dubuque Regional Humane Society
Contract Renewal: City Manager recommend-
ing approval of a new five-year agreement with
the Dubuque Regional Humane Society be-
ginning July 1, 2015. Upon motion the docu-
ments were received, filed and approved.
21. Lowell Street Water Main, Sanitary and
Storm Sewer Improvements Project Award:
City Manager recommending award of the
construction contract for the Lowell Street Wa-
ter Main, Sanitary and Storm Sewer Improve-
ments Project (Abbott to Woodworth) to the
low bidder, Drew Cook & Sons Excavating,
Inc. Upon motion the documents were re-
ceived and filed and Resolution No. 216-15
Awarding Public Improvement Contract for the
Lowell Street (Abbott to Woodworth) Water
Main, Sanitary & Storm Sewer Improvements
Project 2015 was adopted.
RESOLUTION NO. 216-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE LOWELL STREET (AB-
BOTT TO WOODWORTH) WATER MAIN,
SANITARY & STORM SEWER IMPROVE-
MENTS PROJECT 2015
Whereas, sealed proposals have been
submitted by contractors for the Lowell Street
(Abbott to Woodworth) Water Main, Sanitary &
Storm Sewer Improvements Project 2015 (the
Project) pursuant to Resolution No. 193-15
and Notice to Bidders published in a newspa-
per published in the City of Dubuque, Iowa on
the 24th day of April, 2015.; and
Whereas, said sealed proposals were
opened and read on the 5th day of June, 2015,
and it has been determined that Drew Cook &
Sons Excavating Co. Inc. of Dubuque, Iowa
with a bid in the amount of $207,725.00, 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 &
Sons Excavating Co., Inc. and the City Man-
ager is hereby directed to execute a Public
Improvement Contract on behalf of the City of
Dubuque for the Project.
Passed, approved and adopted this 7th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
22. Acceptance of Grant of Easement -
1411 N. Grandview Avenue: City Manager
recommending acceptance of the dedication of
Grant of Easement for Underground Electric,
Fiber Optic Cable, Traffic Signals & Other Ap-
purtenances and Sidewalk from Kristin A.
Smith across a portion of 1411 N. Grandview
Avenue. Upon motion the documents were
received and filed and Resolution No. 217-15
Accepting a Grant of Easement for Under-
ground Electric, Fiber Optic Cable, Traffic Sig-
nals & Other Appurtenances and Sidewalk
Through, Over and Across Part of Lot 99 in
Woodlawn Park Subdivision, City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 217-15
ACCEPTING A GRANT OF EASEMENT FOR
UNDERGROUND ELECTRIC, FIBER OPTIC
CABLE, TRAFFIC SIGNALS & OTHER AP-
PURTENANCES AND SIDEWALK
THROUGH, OVER AND ACROSS PART OF
LOT 99 IN WOODLAWN PARK SUBDIVI-
SION, CITY OF DUBUQUE, IOWA
Whereas, Kristin A. Smith has executed a
Grant of Easement for Underground Electric,
Fiber Optic Cable, Traffic Signals & Other Ap-
purtenances and Sidewalk through, over and
across Part of Lot 99 in Woodlawn Park Sub-
division, City Of Dubuque, Dubuque County,
Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Easement for
Underground Electric, Fiber Optic Cable, Traf-
fic Signals & Other Appurtenances and Side-
walk through, over and across Part of Lot 99 in
Woodlawn Park Subdivision, City Of Dubuque,
Dubuque County, Iowa from Kristin A. Smith, a
copy of which is attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. 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 Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
23. Davis Place - Permanent Shoring Sys-
tem Anchoring Easement: City Manager rec-
ommending acceptance of a Permanent Shor-
ing System Anchoring Easement across a
portion of 511 Garfield Avenue that will facili-
tate the construction and on-going mainte-
nance of the utility. Upon motion the docu-
ments were received and filed and Resolution
No. 218-15 Accepting a grant of permanent
shoring system anchoring easement through,
over and across part of Lot 3 in Davis Place II,
in the City of Dubuque, Iowa was adopted.
236 Regular Sessions, July 6, 2015 Book 145
RESOLUTION NO. 218-15
ACCEPTING A GRANT OF PERMANENT
SHORING SYSTEM ANCHORING EASE-
MENT THROUGH, OVER AND ACROSS
PART OF LOT 3 IN DAVIS PLACE II, IN THE
CITY OF DUBUQUE, IOWA
Whereas, The Davis Place LLC has exe-
cuted a Permanent Shoring System Anchoring
Easement through, over and across Part of Lot
3 in Davis Place II, in the City of Dubuque,
Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Permanent Shor-
ing System Anchoring Easement through, over
and across Part of Lot 3 in Davis Place II, in
the City of Dubuque, in the City of Dubuque,
Dubuque County, Iowa from Davis Place LLC,
a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Passed, approved and adopted this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
24. 429 Rhomberg Avenue Project Ac-
ceptance: City Manager recommending ac-
ceptance of the construction contract for the
429 Rhomberg Building Stabilization Project
as completed by R&W Restoration. Upon mo-
tion the documents were received and filed
and Resolution No. 219-15 Accepting the 429
Rhomberg Demolition and Building Stabiliza-
tion Project and authorizing the payment to the
contractor was adopted.
RESOLUTION NO. 219-15
ACCEPTING THE 429 RHOMBERG DEMO-
LITION AND BUILDING STABILIZATION
PROJECT AND AUTHORIZING THE PAY-
MENT TO THE CONTRACTOR
Whereas, the public improvement contract
for the 429 Rhomberg Demolition and Building
Stabilization Project (the Project) has been
completed has been completed by the Con-
tractor, R&W Restoration (Contractor), the City
Engineer has examined the work and recom-
mends that the Project be accepted; and
Whereas, the final contract amount for the
Project is $177,208.00; and
Whereas, the Contractor has previously
been paid $168,347.60, leaving a balance of
$8,860.40; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $8,860.40 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved and adopted this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
25. Code of Ordinances - Adoption of Sup-
plement No. 18: City Clerk recommending
adoption of Supplement No. 18 to the City of
Dubuque Code of Ordinances, which codifies
Ordinance Nos. 1-15 through 8-15, 11-15, 12-
15, 26-15, 27-15, and 28-15 as adopted by the
City Council through April 2015. Upon motion
the documents were received and filed and
Resolution No. 220-15 Adopting Supplement
No. 18 to the Code of Ordinances of the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 220-15
ADOPTING SUPPLEMENT NO. 18 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of August 17, 2009,
the City Council, pursuant to Ordinance No.
43-09, readopted the Code of Ordinances of
the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009 the City
Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the
Code of Ordinances and said amendments
have been printed as supplements to the Code
of Ordinances; and
Whereas, Section 380.8 of the Code of Io-
wa provides that supplements, by resolution,
become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 18 of the
Code of Ordinances of the City of Dubuque,
Iowa covering Ordinance Nos. 1-15 through 8-
15, 11-15, 12-15, 26-15, 27-15, and 28-15 as
adopted by the City Council through April
2015, 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.
Book 145 Regular Session, July 6, 2015 237
Passed, approved and adopted this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
26. U.S. Army Corp of Engineers (USACE)
- Mississippi River Master Plan & River Project
Input: City Manager recommending approval
to submit the City of Dubuque's input during
revision and updating of the Mississippi River
Master Plan by the U.S. Army Corps of Engi-
neers (USACE), Rock Island District. Upon
motion the documents were received, filed and
approved.
27. Civil Service Commission: Civil Service
Commission submitting the Certified Lists for
the positions of Environmental Coordinator,
Planning Technician and Transit Operations
Supervisor. Upon motion the documents were
received, filed and made a Matter of Record.
June 22, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of
Iowa, an examination for the position of Envi-
ronmental Coordinator was administered via
take-home exam. We hereby certify that the
individuals listed below have passed this take-
home examination and the vacancy for this
position should be made from this list and that
this list is good for two (2) years from above
date.
Environmental Coordinator
1. Courtney Ehrlich
2. Joshua Contreraz
3. Catherine Baerwald
4. Robin Kennicker
Respectfully submitted,
Daniel White, Chairperson
Civil Service Commission
June 22, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of
Iowa, an examination for the position of Plan-
ning Technician was administered via take-
home exam. We hereby certify that the indi-
viduals listed below have passed this “take
home” examination and the vacancy for this
position should be filled from this list and that
this list is good for two (2) years from above
date.
Planning Technician
1. Robin Kennicker
2. John Del Degan
3. Jacob Ironside
4. Stephen Broadwell
5. Matthew Bauman
6. Aimee Winter
7. Cindy Schroeder
8. Ose Akinlotan
9. Miles Brainard
10. Laura Marham
11. Emmily Tiampati
12. Tracy Nowack
13. Brian Gomoll
14. Meredith Peterson
15. Mohammad Hossain
Respectfully submitted,
Dan White, Chairman
Civil Service Commission
June 22, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of
Iowa, an examination for the position of Transit
Operations Supervisor was administered via
take-home exam. We hereby certify that the
individuals listed below have passed this take-
home examination and the vacancy for this
position should be filled from this list and that
this list is good for two (2) years from above
date.
Transit Operations Supervisor
1. Jodi Johnson
2. Erniw Bolibaugh
3. Tyrone Hickie
Respectfully submitted,
Dan White, Chairman
Civil Service Commission
28. Audubon School Right-of-Way Plat:
City Manager recommending approval of the
Acquisition Plat for right-of-way east of Lincoln
Avenue abutting the Audubon School property
and acceptance of the dedication of said lots
to the City of Dubuque for right-of-way purpos-
es in association with the Bee Branch Creek
Restoration Project. Upon motion the docu-
ments were received and filed and Resolution
No. 221-15 Approving the Acquisition Plat of
Lot B of Lot 2 of Mineral Lot 314 and Lot B of
Lot 3 of Mineral Lot 314 in the City of Dubu-
que, Iowa was adopted.
RESOLUTION NO. 221-15
APPROVING THE ACQUISITION PLAT OF
LOT B OF LOT 2 OF MINERAL LOT 314
AND LOT B OF LOT 3 OF MINERAL LOT
314 IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa an
Acquisition Plat dated June 22, 2015 prepared
by IIW P.C. describing Lot B of Lot 2 of Mineral
Lot 314 and Lot B of Lot 3 of Mineral Lot 314
in the City of Dubuque; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto; and
Whereas, upon said plat appears Lot B of
Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of
Mineral Lot 314, together with certain ease-
ments for public utilities, which the Dubuque
Community School District, a School Corpora-
238 Regular Sessions, July 6, 2015 Book 145
tion, by said plat have dedicated to the public
forever; and
Whereas, the dedication of said lots as
Right of Way is necessary for the accommoda-
tion of certain multi-use trail and sanitary inter-
ceptor sewer improvements related to the con-
struction of the Bee Branch Creek Restoration
Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated June 22,
2015 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 and on behalf
of the City of Dubuque, Iowa.
Section 2. That the dedication of Lot B of
Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of
Mineral Lot 314, for Right of Way purposes,
together with the easements for public utilities
as they appear on said Acquisition Plat, be
and the same are hereby accepted.
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 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
29. Bee Branch Creek Restoration Project,
Utility Occupancy License for the Installation of
Sanitary Sewer and Fiber Conduit: City Man-
ager recommending approval of the execution
of a Utility Occupancy License Agreement with
Dakota, Minnesota & Eastern Railroad Corpo-
ration as part of the Bee Branch Creek Resto-
ration Project. Upon motion the documents
were received and filed and Resolution No.
222-15 Authorizing the Utility Occupancy Li-
cense Agreement made and entered into by
and between the City of Dubuque, Iowa and
Dakota, Minnesota & Eastern Railroad Corpo-
ration, doing business as Canadian Pacific
was adopted.
RESOLUTION NO. 222-15
AUTHORIZING THE UTILITY OCCUPANCY
LICENSE AGREEMENT MADE AND EN-
TERED INTO BY AND BETWEEN THE CITY
OF DUBUQUE, IOWA AND DAKOTA, MIN-
NESOTA & EASTERN RAILROAD CORPO-
RATION, DOING BUSINESS AS CANADIAN
PACIFIC
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; and
Whereas, City is relocating the sanitary
sewer and installing fiber optic conduit (“the
Improvements”) as part of the Bee Branch
Project; and
Whereas, the Improvements are to be in-
stalled through the freight railroad operating
property of Canadian Pacific (CP); and
Whereas, the City intends to install the Im-
provements using a trenchless, tunneling
method to minimize the impact to CP’s railroad
operation; and
Whereas, City needs authorization from
CP to access and install the Improvements
through CP property; and
Whereas, CP is willing to authorize the City
to install the Improvements under the terms
outlined in Utility Occupancy License No.
4290301 (“the License”); and
Whereas, it is in the City’s best interest to
execute the License in order to proceed with
the construction of the Improvements associ-
ated with the Bee Branch Project;
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager is hereby
authorized to sign the attached Utility Occu-
pancy License No. 4290301 and any neces-
sary amendments thereto with Dakota, Minne-
sota, & Eastern Railroad Corporation, a corpo-
ration doing business as Canadian Pacific for
the purpose of proceeding with the construc-
tion of the sanitary sewer and fiber optics con-
duit through Canadian Pacific property as part
of the Bee Branch Creek Restoration Project.
Passed, adopted and approved this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
30. Bee Branch Creek Restoration Project
- Federal Aid Agreement for Transportation
Alternatives Program Funding: City Manager
recommending authorization to enter into an
agreement with the Iowa Department of
Transportation in order to utilize Transportation
Alternatives Program funding for the Lower
Bee Branch Overlook at the 16th Street Deten-
tion Basin and Trailhead Parking (at 22nd
Street) for the Mississippi River Trail as part of
the larger Bee Branch Creek Restoration Pro-
ject. Upon motion the documents were re-
ceived and filed and Resolution No. 223-15
Approving the Transportation Alternatives Pro-
gram Funding Agreement between the Iowa
Department of Transportation and the City of
Dubuque, Iowa for the Lower Bee Branch
Overlook at 16th Street Detention Basin and
trailhead parking for the Mississippi River Trail
Project was adopted.
Book 145 Regular Session, July 6, 2015 239
RESOLUTION NO. 223-15
APPROVING THE TRANSPORTATION AL-
TERNATIVES PROGRAM FUNDING
AGREEMENT BETWEEN THE IOWA DE-
PARTMENT OF TRANSPORTATION AND
THE CITY OF DUBUQUE, IOWA FOR THE
LOWER BEE BRANCH OVERLOOK AT 16TH
STREET DETENTION BASIN AND TRAIL-
HEAD PARKING FOR THE MISSISSIPPI
RIVER TRAIL PROJECT
Whereas, The City of Dubuque has re-
ceived Federal funding through the Transpor-
tation Alternatives Program (TAP), which was
established by the Moving Ahead for Progress
in the 21st Century (MAP-21), Public Law 112-
141, and codified at Sections 213 and
101(a)(29) of Title 23, United States Code
(U.S.C.); which are hereinafter referred to as
TAP funds., and Federal regulations provide
that federal funds for TAP are to be adminis-
tered by the Iowa Department of Transporta-
tion (IDOT); and
Whereas, the City of Dubuque submitted
an application to the Dubuque Metropolitan
Area Transportation Study (DMATS) request-
ing $940,000 from TAP to help finance the
Lower Bee Branch Overlook at 16th Street De-
tention Basin and Trailhead Parking for the
Mississippi River Trail Project as part of the
Bee Branch Creek Restoration Project; and
Whereas, the IDOT has provided a Feder-
al-Aid Agreement for a Transportation Alterna-
tives Program Project (Funding Agreement);
and
Whereas, the City Council has determined
that execution of the TAP Funding Agreement
is in the best interests of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The attached Federal-Aid
Agreement for a Transportation Alternatives
Program Transportation Alternatives Program
Project is hereby approved.
Section 2. The City Manager is hereby au-
thorized to execute the Funding Agreement
and such other documents as are necessary to
bind the City and to deliver the Funding
Agreement and such other documents as the
Iowa Department of Transportation may rea-
sonably request.
Passed, approved and adopted this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
31. Emergency Communications Center
Part-Time Hour Increase: City Manager rec-
ommending approval to increase the number
of part-time hours from 43 to 45 hours per
week effective January 1, 2016. Upon motion
the documents were received, filed and ap-
proved.
32. Advance of Funds to Greater Down-
town TIF District for Fiscal Year 2015: City
Manager recommending approval of the sug-
gested proceedings approving an advance of
funds for repayment from the Greater Down-
town Urban Renewal Tax Increment Revenue
Fund and directing the filing of certification.
Upon motion the documents were received
and filed and Resolution No. 224-15 Approving
the advance of funds for repayment from the
Greater Downtown District Urban Renewal Tax
Increment Revenue Fund and directing the
filing of certification under Iowa Code Section
403.19 was adopted.
RESOLUTION NO. 224-15
APPROVING THE ADVANCE OF FUNDS
FOR REPAYMENT FROM THE GREATER
DOWNTOWN DISTRICT URBAN RENEWAL
TAX INCREMENT REVENUE FUND AND
DIRECTING THE FILING OF CERTIFICA-
TION UNDER IOWA CODE SECTION 403.19
Whereas, the City of Dubuque, Iowa has
established the Greater Downtown District
Urban Renewal Area (the "Urban Renewal
Area") and is undertaking certain urban re-
newal projects within the Urban Renewal Area,
and has incurred various related costs in con-
nection with such projects consisting generally
of stormwater fees and legal services de-
scribed on the attached schedule prepared by
the Budget Director (the "Project Costs"); and
Whereas, in order to advance funds for the
Project Costs, it is necessary to make certain
findings under Chapter 403; and
Whereas, it is the intention of the City to
certify the amount of funds so advanced, to-
gether with interest, for reimbursement under
Iowa Code Section 403.19; and
Whereas, the amount of funds to be ad-
vanced for the Project Costs shall not exceed
the aggregate amount of $4,689.80.
NOW, THEREFORE, IT IS RESOLVED by
the City Council of the City of Dubuque, Iowa
as follows:
Section 1. Pursuant to Ordinance No. 33-
11 there has been heretofore established the
Greater Downtown Urban Renewal Area Tax
Increment Revenue Fund (the "Tax Increment
Fund"), into which all incremental property tax
revenues received from the Greater Downtown
Urban Renewal Area are deposited. The
Council finds the Project Costs to be eligible
urban renewal project expenses as defined in
Iowa Code Chapter 403, and further approves
an advance of City funds for said Project
Costs.
Section 2. It is hereby determined that
$4,689.80 has been or will be advanced during
Fiscal Year 2015 to the Greater Downtown
Urban Renewal Area Tax Increment Fund from
the General Fund in order to pay the Project
Costs. The advances collectively shall be
240 Regular Sessions, July 6, 2015 Book 145
treated as an internal loan (the "Loan") to the
Greater Downtown Urban Renewal Fund and
shall be repaid to the General Fund, from the
first available tax increment revenues.
Section 3. The Budget Director, and other
City officials having responsibility for the books
and records of the City, shall take such actions
as are necessary to comply with this Resolu-
tion, including but not limited to inclusion of
these amounts in the budget, advance and
transfer of funds for the Project Costs, certifi-
cation for reimbursement under Iowa Code
Section 403.19 and compliance under Iowa
Code Section 403.22.
Passed and approved by the City Council
of the City of Dubuque, Iowa this 6th day of
July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
33. Advance of Funds to Dubuque Indus-
trial Center West TIF District for Fiscal Year
2015: City Manager recommending approval
of the suggested proceedings approving an
advance of funds for repayment from the
Dubuque Industrial Center Urban Renewal Tax
Increment Revenue Fund and directing the
filing of certification. Upon motion the docu-
ments were received and filed and Resolution
No. 225-15 Approving the advance of funds for
repayment from the Dubuque Industrial Center
Urban Renewal Tax Increment Revenue Fund
and directing the filing of certification Under
Iowa Code Section 403.19 was adopted.
RESOLUTION NO. 225-15
APPROVING THE ADVANCE OF FUNDS
FOR REPAYMENT FROM THE DUBUQUE
INDUSTRIAL CENTER URBAN RENEWAL
TAX INCREMENT REVENUE FUND AND
DIRECTING THE FILING OF CERTIFICA-
TION UNDER IOWA CODE SECTION 403.19
Whereas, the City of Dubuque, Iowa has
established the Dubuque Industrial Center
Urban Renewal Area (the "Urban Renewal
Area") and is undertaking certain projects with-
in the Urban Renewal Area, consisting gener-
ally of recording fees and legal services (the
"Project"); and
Whereas, in order to advance funds for the
Project Costs, it is necessary to make certain
findings under Chapter 403; and
Whereas, it is the intention of the City to
certify the amount of funds so advanced, to-
gether with interest, for reimbursement under
Iowa Code Section 403.19; and
Whereas, the amount of funds to be ad-
vanced for the Project Costs shall not exceed
the aggregate amount of $2,778.00.
NOW, THEREFORE, IT IS RESOLVED by
the City Council of the City of Dubuque, Iowa
as follows:
Section 1. Pursuant to Ordinance No. 70-
08 there has been heretofore established the
Dubuque Industrial Center Urban Renewal
Area Tax Increment Revenue Fund (the "Tax
Increment Fund"), into which all incremental
property tax revenues received from the
Dubuque Industrial Center Urban Renewal
Area are deposited. The Council finds the Pro-
ject to be an Urban Renewal Project as de-
fined in Iowa Code Chapter 403, and further
approves an advance of City funds for said
Project.
Section 2. It is hereby determined that
$2,778.00 has been or will be advanced during
Fiscal Year 2015 to the Dubuque Industrial
Center Urban Renewal Area Tax Increment
Fund from the General Fund in order to pay
the Project Costs. The advances collectively
shall be treated as an internal loan (the
"Loan") to the Dubuque Industrial Center Ur-
ban Renewal Fund and shall be repaid to the
General Fund, from the first available tax in-
crement revenues.
Section 3. The Budget Director, and other
City officials having responsibility for the books
and records of the City, shall take such actions
as are necessary to comply with this Resolu-
tion, including but not limited to inclusion of
these amounts in the budget, advance and
transfer of funds for the Project Costs, certifi-
cation for reimbursement under Iowa Code
Section 403.19 and compliance under Iowa
Code Section 403.22.
Passed and approved by the City Council
of the City of Dubuque, Iowa this 6th day of
July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
34. Advance of Funds to Technology Park
TIF District for Fiscal Year 2015: City Manager
recommending approval of the suggested pro-
ceedings approving an advance of funds for
repayment from the Technology Park Urban
Renewal Tax Increment Revenue Fund and
directing the filing of certification. Upon motion
the documents were received and filed and
Resolution No. 226-15 Approving the advance
of funds for repayment from the Technology
Park Urban Renewal Tax Increment Revenue
Fund and directing the filing of certification
under Iowa Code Section 403.19 was adopted.
RESOLUTION NO. 226-15
APPROVING THE ADVANCE OF FUNDS
FOR REPAYMENT FROM THE DUBUQUE
INDUSTRIAL CENTER URBAN RENEWAL
TAX INCREMENT REVENUE FUND AND
DIRECTING THE FILING OF CERTIFICA-
TION UNDER IOWA CODE SECTION 403.19
Whereas, the City of Dubuque, Iowa has
established the Dubuque Industrial Center
Urban Renewal Area (the "Urban Renewal
Book 145 Regular Session, July 6, 2015 241
Area") and is undertaking certain projects with-
in the Urban Renewal Area, consisting gener-
ally of recording fees and legal services (the
"Project"); and
Whereas, in order to advance funds for the
Project Costs, it is necessary to make certain
findings under Chapter 403; and
Whereas, it is the intention of the City to
certify the amount of funds so advanced, to-
gether with interest, for reimbursement under
Iowa Code Section 403.19; and
Whereas, the amount of funds to be ad-
vanced for the Project Costs shall not exceed
the aggregate amount of $2,778.00.
NOW, THEREFORE, IT IS RESOLVED by
the City Council of the City of Dubuque, Iowa
as follows:
Section 1. Pursuant to Ordinance No. 70-
08 there has been heretofore established the
Dubuque Industrial Center Urban Renewal
Area Tax Increment Revenue Fund (the "Tax
Increment Fund"), into which all incremental
property tax revenues received from the
Dubuque Industrial Center Urban Renewal
Area are deposited. The Council finds the Pro-
ject to be an Urban Renewal Project as de-
fined in Iowa Code Chapter 403, and further
approves an advance of City funds for said
Project.
Section 2. It is hereby determined that
$2,778.00 has been or will be advanced during
Fiscal Year 2015 to the Dubuque Industrial
Center Urban Renewal Area Tax Increment
Fund from the General Fund in order to pay
the Project Costs. The advances collectively
shall be treated as an internal loan (the
"Loan") to the Dubuque Industrial Center Ur-
ban Renewal Fund and shall be repaid to the
General Fund, from the first available tax in-
crement revenues.
Section 3. The Budget Director, and other
City officials having responsibility for the books
and records of the City, shall take such actions
as are necessary to comply with this Resolu-
tion, including but not limited to inclusion of
these amounts in the budget, advance and
transfer of funds for the Project Costs, certifi-
cation for reimbursement under Iowa Code
Section 403.19 and compliance under Iowa
Code Section 403.22.
Passed and approved by the City Council
of the City of Dubuque, Iowa this 6th day of
July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
35. Advance of Funds to North Cascade
Road Housing TIF District for Fiscal Year
2015: City Manager recommending approval
of the suggested proceedings approving an
advance of funds for repayment from the North
Cascade Road Housing Urban Renewal Tax
Increment Revenue Fund and directing the
filing of certification. Upon motion the docu-
ments were received and filed and Resolution
No. 227-15 Approving the advance of funds for
repayment from the North Cascade Road
Housing Urban Renewal Tax Increment Reve-
nue Fund and directing the filing of certification
under Iowa Code Section 403.17 was adopted.
RESOLUTION NO. 227-15
APPROVING THE ADVANCE OF FUNDS
FOR REPAYMENT FROM THE NORTH
CASCADE ROAD HOUSING URBAN RE-
NEWAL TAX INCREMENT REVENUE FUND
AND DIRECTING THE FILING OF CERTIFI-
CATION UNDER IOWA CODE SECTION
403.17
Whereas, the City of Dubuque, Iowa has
established the North Cascade Road Housing
Urban Renewal Area (the "Urban Renewal
Area") and is undertaking certain urban re-
newal projects within the Urban Renewal Area,
and has incurred various related costs in con-
nection with such projects consisting generally
of legal services described on the attached
schedule prepared by the Budget Director (the
"Project Costs"); and
Whereas, in order to advance funds for the
Project Costs, it is necessary to make certain
findings under Chapter 403; and
Whereas, it is the intention of the City to
certify the amount of funds so advanced, to-
gether with interest, for reimbursement under
Iowa Code Section 403.17; and
Whereas, the amount of funds to be ad-
vanced for the Project Costs shall not exceed
the aggregate amount of $5,549.75.
NOW, THEREFORE, IT IS RESOLVED by
the City Council of the City of Dubuque, Iowa
as follows:
Section 1. Pursuant to Ordinance No. 110-
15 there has been heretofore established the
North Cascade Road Housing Urban Renewal
Area Tax Increment Revenue Fund (the "Tax
Increment Fund"), into which all incremental
property tax revenues received from the North
Cascade Road Housing Urban Renewal Area
are deposited. The Council finds the Project
Costs to be eligible urban renewal project ex-
penses as defined in Iowa Code Chapter 403,
and further approves an advance of City funds
for said Project Costs.
Section 2. It is hereby determined that
$5,549.75 has been or will be advanced during
Fiscal Year 2015 to the North Cascade Road
Housing Urban Renewal Area Tax Increment
Fund from the General Fund in order to pay
the Project Costs. The advances collectively
shall be treated as an internal loan (the
"Loan") to the North Cascade Road Housing
Urban Renewal Fund and shall be repaid to
the General Fund, from the first available tax
increment revenues.
242 Regular Sessions, July 6, 2015 Book 145
Section 3. The Budget Director, and other
City officials having responsibility for the books
and records of the City, shall take such actions
as are necessary to comply with this Resolu-
tion, including but not limited to inclusion of
these amounts in the budget, advance and
transfer of funds for the Project Costs, certifi-
cation for reimbursement under Iowa Code
Section 403.17 and compliance under Iowa
Code Section 403.22.
Passed and Approved by the City Council
of the City of Dubuque, Iowa this 6th day of
July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
36. Mystique Casino Use of Depreciation
and Improvement Funds: City Manager rec-
ommending approval of a request by the Mys-
tique Casino to use Depreciation and Im-
provement funds for two projects at the Casi-
no. Upon motion the documents were re-
ceived, filed and approved.
37. IDNR Clean Diesel Grant Contract
Amendment: City Manager recommending
Council approval of the Clean Diesel Grant
Contract Amendment with the Iowa Depart-
ment of Natural Resources (IDNR). Upon mo-
tion the documents were received, filed and
approved.
38. Housing Affordability: City Manager
providing information on the housing afforda-
bility in Dubuque as compared to other cities in
Iowa, including Cedar Falls, Cedar Rapids,
Davenport and Iowa City. Upon motion the
documents were received and filed.
39. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Midwest
Concrete, Inc. for the 2015 Asphalt Overlay
Access Ramp Project Three; Portzen Con-
struction, Inc. for the SRF Green Alley Project
Bid Set 1 - Year 3; Tricon General Construc-
tion, Inc. for the Upper Bee Branch Creek
Channel, Streets & Utilities Project. Upon mo-
tion the documents were received, filed and
approved.
40. Alcohol Compliance Civil Penalty for
Alcohol License Holder – Casey's General
Store: City Manager recommending approval
of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Casey's
General Store #2420, 2699 Rockdale Road.
Upon motion the documents were received,
filed and approved.
41. Alcohol and Tobacco License Applica-
tions: City Manager recommending approval of
annual liquor, beer, wine and tobacco license
applications as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 228-15 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.
229-15 Approving applications for retail ciga-
rette/tobacco sales/nicotine/vapor permits, as
required by Iowa Code 453A.47A were adopted.
RESOLUTION NO. 228-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
1st & Main, 101 Main St, Class C Liquor (Sun-
day)
Applebee's, 1395 Associates Dr., Class C Liq-
uor (Sunday)
Hy-Vee Club Room, 2395 NW Arterial, Special
Class C Liquor (Sunday)
Keywest Conoco, 2150 Twin Valley Dr., Class
E Liquor, Class B Wine, Class C Beer
(Sunday)
Kwik Stop C-Stores, 2335 University Ave,
Class E Liquor, Class B Wine, Class C
Beer (Sunday)
Special Events
Dubuque Area Labor-Management Council
8/14, Town Clock Plaza, Class B Beer
(Outdoor)
Summer's Last Blast 8/28, Town Clock Plaza,
Class B Beer (Outdoor)
New
Mi Ranchito, 1091 University Ave
Passed, approved and adopted this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Book 145 Regular Session, July 6, 2015 243
RESOLUTION NO. 229-15
APPROVING APPLICATIONS FOR RETAIL
CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY
IOWA CODE 453A.47A
Whereas, applications for Ciga-
rette/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 oth-
erwise 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 author-
ized and directed to cause to be issued the
following named applicants and locations for
cigarette/tobacco sales permit.
Awn Stop Mart Inc., 1998 Jackson St
Awn Stop Mart #3, 408 W. Locust St.
Dubuque Quick Stop Mart, 1401 Central
Ave.
Paro Food Mart, 3200 Central Ave.
Passed, approved and adopted this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
1. Southwest Arterial / English Mill Road
Reconstruction Project: City Manager recom-
mending initiation of the public bidding process
through the Iowa DOT for the English Mill
Road Reconstruction - Grading, Bridge and
Paving Project, and further recommends that a
public hearing be set for July 20, 2015. Upon
motion the documents were received and filed
and Resolution No. 230-15 Preliminary ap-
proval of plans, specifications, form of con-
tract, and estimated cost; setting date of public
hearing on plans, specifications, form of con-
tract, and estimated cost was adopted setting
a public hearing for a meeting to commence at
6:30 p.m. on July 20, 2015 in the Historic Fed-
eral Building.
RESOLUTION NO. 230-15
SOUTHWEST ARTERIAL - ENGLISH MILL
ROAD RECONSTRUCTION GRADING,
BRIDGE, AND PAVING PROJECT IOWA
DOT PROJECT NO. HDP-2100 (657)--71-31
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST
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 Southwest
Arterial - English Mill Road Reconstruction
Project, Iowa DOT Project No. HDP-2100
(657)--71-31, in the estimated amount
$4,113,500, 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 20th
day of July, 2015, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa 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 cir-
culation 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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
Passed, adopted and approved this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. SRF Green Alley Project Bid Set 3 -
Year 3: City Manager recommending initiation
of the public bidding process for the SRF
Green Alley Bid Set 3 - Year 3 Project, and
further recommends that a public hearing be
set for August 3, 2015. Upon motion the doc-
uments were received and filed and Resolution
No. 231-15 Preliminary approval of plats,
schedule of assessments and estimate of total
cost for the SRF Green Alley Bid Set 3 - Year
3 Project; Resolution No. 232-15 Resolution of
Necessity for the SRF Green Alley Bid Set 3 -
Year 3 Project; Resolution No. 233-15 Fixing
the date of public hearing on Resolution of
Necessity; and Resolution No. 234-15 Prelimi-
nary approval of plans, specifications, form on
contract, and estimated cost; setting date of
public hearing on plans, specifications, form of
contract, and estimated cost; and ordering the
advertisement for bids was adopted setting a
public hearing for a meeting to commence at
6:30 p.m. on August 3, 2015 in the Historic
Federal Building.
244 Regular Sessions, July 6, 2015 Book 145
RESOLUTION NO. 231-15
APPROVING THE PRELIMINARY PLATS,
SCHEDULE OF ASSESSMENTS AND ESTI-
MATE OF TOTAL COST FOR THE SRF
GREEN ALLEY BID SET 3 - YEAR 3 PRO-
JECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached preliminary plats, sched-
ule of assessments, and estimate of total cost
for the SRF Green Alley Bid Set 3 – Year 3
Project are hereby approved.
Passed, approved and adopted this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 232-15
RESOLUTION OF NECESSITY FOR THE
SRF GREEN ALLEY BID SET 3 - YEAR 3
PROJECT
Whereas, the plat, preliminary schedule of
assessments, and estimate of total cost for the
SRF Green Alley Bid Set 3 – Year 3 Project
have been duly prepared and approved by the
City Council of the City of Dubuque and or-
dered placed on file in the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The SRF Green Alley Bid Set 3 - Year 3
Project will provide:
• Reconstruction of Six (6) alleys using
interlocking concrete pavers
• Removal of the existing alley pave-
ment
• Excavation of the subgrade to allow
the placement of clean washed stone
for a storage medium
• Installation of a concrete border for
the brick pavers
• Installation of concrete headers at the
alley intersection with the intersecting
streets.
• Reconstruction of the pavement sur-
face with interlocking concrete pavers
• Lining of the sanitary sewer main in
six alleys
• Inspection of sanitary sewer laterals
in six alleys
• Replacement of water main valves
and hydrants
• Replacement of lead water services
with copper water services in six al-
leys
There is on file in the office of the City
Clerk an estimated total cost of the work, and
a preliminary plat and schedule showing the
amount proposed to be assessed to each lot
for the improvement.
A public hearing will be held on August 3,
2015 at 6:30 p.m. in the Historic Federal Build-
ing Council Chambers (second floor), 350 W.
6th Street, Dubuque, Iowa. At which time the
City Council will hear from property owners
subject to the assessment and interested par-
ties for or against the improvement, its cost,
the assessment, or the boundaries of the dis-
trict.
That the City Council deems it advisable
and necessary for the public welfare to make
the herein mentioned improvements.
Unless a property owner files objections
with the City Clerk at the time of hearing on the
resolution of necessity, the property owner is
deemed to have waived all objections pertain-
ing to the regularity of the proceeding and the
legality of using the special assessment pro-
cedure.
Said improvements shall be constructed in
accordance with the plans and specifications
which have been approved by the City Council
and are now on file in the Office of the City
Clerk. The cost of making such improvement
will be assessed against property lying with the
assessment limits.
The above resolution was introduced, ap-
proved and ordered placed on file with the City
Clerk this 6th day of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 233-15
FIXING DATE OF PUBLIC HEARING ON
RESOLUTION OF NECESSITY
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary ap-
proval to the plat, preliminary schedule of as-
sessments, and estimated total cost for the
SRF Green Alley Bid Set 3 – Year 3 Project
and ordered the plat, schedule of assess-
ments, and estimate of total cost placed on file
in the Office of the City Clerk; and
Whereas, the proposed Resolution of Ne-
cessity for Project has been introduced and is
now on file in the Office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Council will meet on the 3rd day of
August, 2015, at 6:30 p.m. in the Historic Fed-
eral Building Council Chambers (second floor),
350 West 6th Street, Dubuque, Iowa. At which
time the owners of property subject to as-
sessment for the proposed improvement or
any other person having an interest in the mat-
ter may appear and be heard for or against the
making of the improvement, the boundaries of
the district, the cost, the assessment against
any lot, or the final adoption of a resolution of
necessity.
A property owner will be deemed to have
waived all objections unless at the time of
Book 145 Regular Session, July 6, 2015 245
hearing the property owner has filed objections
with the City Clerk.
The City Clerk be and is hereby authorized
and directed to cause a notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published once each week for two consecutive
weeks, the first publication of which shall be
not less than fifteen days prior to the day fixed
for its consideration.
Passed, adopted and approved this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 234-15
SRF GREEN ALLEY BID SET 3 YEAR 3
PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the SRF Green
Alley Bid Set 3 – Year 3 Project in the estimat-
ed amount $1,294,250.49, are hereby prelimi-
narily approved and ordered filed in the office
of the City Clerk for public inspection.
A public hearing will be held on the 3rd day
of August, 2015, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second
floor) 350 W. 6th Street, Dubuque, Iowa 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 cir-
culation 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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The SRF Green Alley Bid Set 3 – Year 3
Project is hereby ordered to be advertised for
bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements herein provided, by publishing the
attached Notice to Bidders to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published not less than four but not more than
forty-five days before the date for filing bids
before 2:00 p.m. on the 6th day of August,
2015. 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 17th day of August, 2015, in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards/Commissions:
1. Building Code Board of Appeals: One 3-
year term through August 1, 2018 (expired
term of Luchsinger). Applicant: Richard
Luchsinger, 2875 Brueck Rd. Mr. Luchsinger
spoke in support of his appointment.
2. Housing Commission: One 3-year term
through August 1, 2018 (expired term of
McDonell) Applicant: Robert McDonell, 4050
Peru Rd.
3. Housing Trust Fund Advisory Commit-
tee: One 3-year term through August 1, 2018
(expired term of Hingtgen) Applicant: Doris
Hingtgen, 309 Hill St.
4. Library Board of Trustees (Mayor ap-
pointment): One 4-Year term through July 1,
2019 (Vacant term of Boice) Applicant: Patrick
Maddux, 1685 Fox Dr.
5. Transit Advisory Board: One 3-year term
through July 3, 2018 (expired term of Esser)
Applicant: Matt Esser, 90 Main St. Apt. 308.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
1. SRF Green Alley Project Bid Set 2 -
Year 3: Proof of publication on notice of public
hearing to consider the approval of the plans,
specifications, form of contract, and estimated
cost for the SRF Green Alley Project Bid Set 2
- Year 3 and the City Manager recommending
approval. Motion by Braig to receive and file
the documents and adopt Resolution No. 235-
15 Approval of plans, specifications, form of
contract, and estimated cost for the SRF
Green Alley Bid Set 2 - Year 3 Project; Resolu-
tion No. 236-15 Resolution with Respect to the
Adoption of the Resolution of Necessity pro-
posed for the SRF Green Alley Bid Set 2 -
246 Regular Sessions, July 6, 2015 Book 145
Year 3 Project; and Resolution No. 237-15
Approving the Schedule of Assessments and
estimate of total cost for the SRF Green Alley
Bid Set 2 - Year 3 Project. Seconded by
Jones. Motion carried 7-0.
RESOLUTION NO. 235-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE SRF GREEN ALLEY BID
SET 2 – YEAR 3 PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
SRF Green Alley Bid Set 2 – Year 3 Project, in
the estimated amount $1,851,300.00, are
hereby approved.
Passed, adopted and approved this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 236-15
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OF NE-
CESSITY PROPOSED FOR THE SRF
GREEN ALLEY BID SET 2 – YEAR 3 PRO-
JECT
Whereas, the City Council has proposed a
Resolution of Necessity for the SRF Green
Alley Bid Set 2 – Year 3 Project and has given
notice of the public hearing thereon as re-
quired by law; and
Whereas, the public hearing has been
held, all persons offering objections have been
heard and consideration given to all objections
and is pending before this Council; and
Whereas, this is the time and place set as
provided for the taking of action on the pro-
posed Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity
described above is hereby:
Adopted, without amendment, and all ob-
jections filed or made having been duly con-
sidered are overruled.
Passed, adopted and approved this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 237-15
APPROVING SCHEDULE OF ASSESS-
MENTS AND ESTIMATE OF TOTAL COST
FOR THE SRF GREEN ALLEY BID SET 2 –
YEAR 3 PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plat, schedule of as-
sessments, and estimate of total cost for the
SRF Green Alley Bid Set 2 – Year 3 Project
are hereby approved.
Passed, approved and adopted this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. 2015 Bridge Repairs and Maintenance
Project: Proof of publication on notice of public
hearing to consider approval of plans, specifi-
cations, form of contract, and estimated cost
for the 2015 Bridge Repairs and Maintenance
Project and the City Manager recommending
approval. Motion by Lynch to receive and file
the documents and adopt Resolution No. 238-
15 Approval of plans, specifications, form of
contract, and estimated cost for the 2015
Bridge Repairs and Maintenance Project. Se-
conded by Connors. Motion carried 7-0.
RESOLUTION NO. 238-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE 2015 BRIDGE REPAIRS
AND MAINTENANCE PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
2015 Bridge Repairs and Maintenance Project,
in the estimated amount $403,535.00, are
hereby approved.
Passed, adopted and approved this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Vacating Petition for the Alley Between
Main Street and Salina Street (SELCO): Proof
of publication on notice of public hearing to
consider approval of a request by CW Wolff,
LLC (SELCO) to vacate a portion of a 20-foot
wide alley between Main Street and Salina
Street which abuts the SELCO property at 15
S. Main Street and the City Manager recom-
mending approval. Motion by Braig to receive
and file the documents and adopt Resolution
No. 239-15 Vacating a portion of an alley be-
tween Main St. and Salina St. in Block 13 of
Dubuque Harbor Company's Addition to be
known as Lot 7A in Block 13 of Dubuque Har-
bor Company's Addition, in the City of Dubu-
que; and Resolution No. 240-15 Disposing of
City Interest in Lot 7A in Block 13 Dubuque
Harbor Company's Addition, in the City of
Dubuque, Iowa. Seconded by Resnick. Motion
carried 7-0.
Book 145 Regular Session, July 6, 2015 247
RESOLUTION NO. 239-15
VACATING A PORTION OF AN ALLEY BE-
TWEEN MAIN ST. AND SALINA ST. IN
BLOCK 13 OF DUBUQUE HARBOR COM-
PANY’S ADDITION TO BE KNOWN AS LOT
7A IN BLOCK 13 IN DUBUQUE HARBOR
COMPANY’S ADDITION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, CW Wolff, LLC has requested
the vacating of a portion of an alley between
Main St. and Salina St. in Block 13 of Dubuque
Harbor Company’s Addition 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 June 5, 2015 prepared by
WHKS & Co., describing the proposed vacated
20 foot wide alley between Main Street and
Salina Street in Block 13 of Dubuque Harbor
Company’s Addition, in the City of Dubuque,
Iowa; and
Whereas, pursuant to resolution and pub-
lished notice of time and place of hearing, pub-
lished in the Telegraph Herald, a newspaper of
general circulation published in the City of
Dubuque, Iowa on this 19th day of June, 2015,
the City Council of the City of Dubuque, Iowa
met on the 6th day of July, 2015, at 6:30 p.m.
in the Historic Federal Building Council Cham-
bers (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 the 20 foot wide alley
between Main Street and Salina Street in
Block 13 of Dubuque Harbor Company’s Addi-
tion to be known as Lot 7A of Block 13 in
Dubuque Harbor Company’s Addition, 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 7A of Block 13 in Dubuque Harbor
Company’s Addition, in the City of Dubuque,
Iowa Dubuque County, Iowa, be and the same
is hereby vacated.
Passed, approved and adopted this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 240-15
DISPOSING OF CITY INTEREST IN LOT 7A
IN BLOCK 13 IN DUBUQUE HARBOR COM-
PANY’S ADDITION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, pursuant to resolution and pub-
lished notice of time and place of hearing, pub-
lished in the Telegraph Herald, a newspaper of
general circulation published in the City of
Dubuque, Iowa on this 19th day of June, 2015,
the City Council of the City of Dubuque, Iowa
met on the 6th day of July, 2015, at 6:30 p.m.
in the Historic Federal Building Council Cham-
bers (second floor), 350 West 6th Street,
Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate de-
scribed as:
Lot 7A of Block 13 in Dubuque Harbor
Company’s Addition, in the City of Dubuque,
Iowa 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.
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 7A of Block 13
in Dubuque Harbor Company’s Addition, in the
City of Dubuque, Iowa Dubuque County, Iowa,
to CW Wolff, LLC be and the same is hereby
approved for the sum of $22,000, subject to
the conditions of an Offer To Buy Real Estate
and Acceptance Agreement between the City
and CW Wolff LLC, plus $100 for platting, pub-
lication, and filing fees. The City Manager is
hereby authorized to execute and sign said
Offer to Buy Real Estate and Acceptance
Agreement. Conveyance shall be by Quit
Claim Deed.
Section 2. 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 convey-
ance to CW Wolff, LLC upon receipt of the
purchase price in full.
Section 3. 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 Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Vacating Petition for the Alley Between
Main Street and Salina Street (Crescent Elec-
tric): Proof of publication on notice of public
hearing to consider approval of a request by
Crescent Realty Corporation (Crescent Elec-
tric) to vacate a portion of a 20-foot wide alley
between Main Street and Salina Street which
abuts the Crescent Electric property at the
intersection of S. Main Street and Charter
Street and the City Manager recommending
approval. Motion by Lynch to receive and file
248 Regular Sessions, July 6, 2015 Book 145
the documents and adopt Resolution No. 241-
15 Vacating a portion of an alley between Main
St. and Salina St. in Block 13 of Dubuque Har-
bor Company's Addition to be known as Lot 6A
in Block 13 in Dubuque Harbor Company's
Addition, in the City of Dubuque, Iowa; and
Resolution No. 242-15 Disposing of City inter-
est in Lot 6A in Block 13 in Dubuque Harbor
Company's Addition, in the City of Dubuque,
Iowa. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 241-15
VACATING A PORTION OF AN ALLEY BE-
TWEEN MAIN ST. AND SALINA ST. IN
BLOCK 13 OF DUBUQUE HARBOR COM-
PANY’S ADDITION TO BE KNOWN AS LOT
6A IN BLOCK 13 IN DUBUQUE HARBOR
COMPANY’S ADDITION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Crescent Realty Corporation has
requested the vacating of a portion of an alley
between Main St. and Salina St. in Block 13 of
Dubuque Harbor Company’s Addition 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 June 5, 2015 prepared by
WHKS & Co., describing the proposed vacated
20 foot wide alley between Main Street and
Salina Street in Block 13 of Dubuque Harbor
Company’s Addition, in the City of Dubuque,
Iowa; and
Whereas, pursuant to resolution and pub-
lished notice of time and place of hearing, pub-
lished in the Telegraph Herald, a newspaper of
general circulation published in the City of
Dubuque, Iowa on this 19th day of June, 2015,
the City Council of the City of Dubuque, Iowa
met on the 6th day of July, 2015, at 6:30 p.m.
in the Historic Federal Building Council Cham-
bers (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 the 20 foot wide alley
between Main Street and Salina Street in
Block 13 of Dubuque Harbor Company’s Addi-
tion to be known as Lot 6A of Block 13 in
Dubuque Harbor Company’s Addition, 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 6A of Block 13 in Dubuque Harbor
Company’s Addition, in the City of Dubuque,
Iowa Dubuque County, Iowa, be and the same
is hereby vacated.
Passed, approved and adopted this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 242-15
DISPOSING OF CITY INTEREST IN LOT 6A
IN BLOCK 13 IN DUBUQUE HARBOR COM-
PANY’S ADDITION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, pursuant to resolution and pub-
lished notice of time and place of hearing, pub-
lished in the Telegraph Herald, a newspaper of
general circulation published in the City of
Dubuque, Iowa on this 19th day of June, 2015,
the City Council of the City of Dubuque, Iowa
met on the 6th day of July, 2015, at 6:30 p.m.
in the Historic Federal Building Council Cham-
bers (second floor), 350 West 6th Street,
Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate de-
scribed as:
Lot 6A of Block 13 in Dubuque Har-
bor Company’s Addition, in the City of
Dubuque, Iowa Dubuque County, Io-
wa; 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.
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 6A of Block 13
in Dubuque Harbor Company’s Addition, in the
City of Dubuque, Iowa Dubuque County, Iowa,
to Crescent Realty Corporation be and the
same is hereby approved for the sum of
$5,200.00 plus $100.00 for platting, publica-
tion, and filing fees. Conveyance shall be by
Quit Claim Deed.
Section 2. 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 convey-
ance to Crescent Realty Corporation upon
receipt of the purchase price in full.
Section 3. 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 Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 6th day
of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
Book 145 Regular Session, July 6, 2015 249
ACTION ITEMS
1. Code of Ordinances Amendment - Title
10 Park Rangers (Third Reading): City Man-
ager recommending repeal of City Ordinance
10-5A-1 which requires a Park Ranger to be a
certified Law Enforcement Officer. Connors
moved the final reading of Ordinance No. 38-
15 Amending City of Dubuque Code of Ordi-
nances Title 10 Public Ways and Property,
Chapter 5 Parks and Recreation, Article A
Administration by repealing Section 10-5A-1
Park Rangers as park rangers are no longer
Certified Law Enforcement Officers. Seconded
by Resnick. Motion carried 5-2 with Jones and
Lynch voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 38-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 5 PARKS AND
RECREATION, ARTICLE A ADMINISTRA-
TION BY REPEALING SECTION 10-5A-1
PARK RANGERS AS PARK RANGERS ARE
NO LONGER CERTIFIED LAW ENFORCE-
MENT OFFICERS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10-5A-1 of the City of
Dubuque Code of Ordinances is repealed as
follows:
10-5A-1: RESERVED:
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 6th day
of July, 2015
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 10th day of July, 2015.
/s/Kevin S. Firnstahl, City Clerk
2. HUD Lead Paint Grant Application: City
Manager recommending approval of an appli-
cation to the US Department of Housing and
Urban Development (HUD) for continuation of
the Lead-Based Paint Hazard Control Program
throughout the City of Dubuque that includes
supplemental funding for Healthy Homes inter-
ventions. Motion by Jones to receive and file
the documents and adopt Resolution No. 243-
14 Authorizing the Mayor to execute an appli-
cation for HUD Lead Paint Hazard Control and
Healthy Homes Program Grant. Seconded by
Connors. Health Services Manager Mary Rose
Corrigan and Housing and Community Devel-
opment Director Alvin Nash provided a slide
presentation on the Lead and Health Homes
Program HUD grant application 2016-2018.
Motion carried 7-0.
RESOLUTION NO. 243-15
AUTHORIZING THE MAYOR TO EXECUTE
AN APPLICATION FOR A HUD LEAD PAINT
HAZARD CONTROL AND HEALTHY
HOMES PROGRAM GRANT
Whereas, the City of Dubuque has operat-
ed a local childhood lead poisoning prevention
program since 1994; and
Whereas, the City initially received a HUD
Round 4 Lead Hazard Control Program Grant
in 1997, and had administered a program from
1997-2014; and
Whereas, the U.S. Department of Housing
and Urban Development has made available
additional funds for the Lead-Based Paint
Hazard Control Program, including for lead-
based paint hazard control, lead hazard
awareness, training, community outreach, en-
vironmental assessments and treatment; and
Whereas, the City of Dubuque proposes a
Lead Paint Hazard Control Program through-
out the entire City of Dubuque with a focus in
Census Tracts 1, 2, 5, 6, 7.01 and 7.02.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1: That the Mayor is hereby au-
thorized and directed to execute an application
to the U.S. Department of Housing and Urban
Development for a Lead Based-Paint Hazard
Control Grant in the amount of $3,325,000.
Section 2: Funds from the Community De-
velopment Block Grant Program in the amount
of $180,000 will be committed in fiscal years
2016-2019 as required match.
Section 3: That the City Manager is hereby
authorized and directed to forward said appli-
cation and resulting standard executed con-
tract to the respective agencies in a timely
fashion and as required by the U. S. Depart-
ment of Housing and Urban Development.
Passed, approved and adopted this 6th day
of July, 2015.
Roy D Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
3. Property Acquisition - McFadden Family
Partnership: City Manager recommending ap-
proval of the Offer to Buy Real Estate and Ac-
ceptance to purchase a 124.72 acre portion of
the McFadden Family Partnership farm. Mo-
tion by Braig to receive and file the documents
and adopt Resolution No. 244-15 Approving
an Offer to Buy and Acceptance for the acqui-
sition of real estate owned by McFadden Fami-
ly Partnership in Dubuque County, Iowa. Se-
conded by Jones. City Attorney Lindahl re-
sponded to questions from Council regarding
when information from closed sessions can
become public. Motion carried 6-1 with Res-
nick voting nay.
250 Regular Sessions, July 6, 2015 Book 145
RESOLUTION NO. 244-15
APPROVING AN OFFER TO BUY AND AC-
CEPTANCE FOR THE ACQUISITION OF
REAL ESTATE OWNED BY MCFADDEN
FAMILY PARTNERSHIP IN DUBUQUE
COUNTY, IOWA
Whereas, McFadden Family Partnership. is
the owner of the following real property (the
Property):
SW ¼ NW ¼ § 29 T89N R2E 5th PM
(40 acres + or -)
Lot 1 of Lot 1 of NW ¼ NW ¼ § 29
T89N R2E 5th PM (38.4 acres + or -)
West 200 feet of NE ¼ NW ¼ § 29
T89N R2E 5th PM (6 acres + or -)
SE ¼ NW ¼ § 29 T89N R2E 5th PM
(40 acres + or -)
Lot 1 Dubuque Industrial Center 7th
Addition (0.32 acres); and
Whereas, the City Manager has tentatively
agreed to purchase the Property from McFad-
den Family Partnership, subject to the approv-
al of an Offer to Buy Real Estate and Ac-
ceptance between the City of Dubuque and
McFadden Family Partnership, by the City
Council; and
Whereas, the City Council has determined
that it would be in the best interests of the City
to approve the purchase of the Property from
McFadden Family Partnership, L.L.P.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby ap-
proves the Offer to Buy and Acceptance at-
tached hereto.
Section 2. The City Manager and City At-
torney are authorized to take such further ac-
tion as is required to complete the purchase of
the Property.
Passed, approved and adopted this 6th
day of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Officer AT Home (OATH) Incentives
Program: City Manager recommending ap-
proval of the Officer AT Home (OATH) Incen-
tives Program for Police Officers and Firefight-
ers who own or purchase a single-family own-
er-occupied property located within the Down-
town Urban Renewal District. Motion by Braig
to receive and file the documents and approve
the recommendation. Seconded by Resnick.
Motion carried 7-0.
5. Code of Ordinances Amendment - Title
10 Sidewalk Cafe Permits: City Manager rec-
ommending approval of an amendment to Title
10 Chapter 3 Article E Sidewalk Café to permit
sidewalk cafés in those areas where the café
is listed as a permitted or accessory use in the
zoning district where they are located. Motion
by Jones to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Connors. Motion carried
7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 42-15 Amending
City of Dubuque Code of Ordinances Title 10
Public Ways and Property, Chapter 3 En-
croachments on Public Places, Article E 1 Def-
initions and 2 Authorization B, by changing the
definition and districts in which sidewalk cafes
are prohibited. Seconded by Connors. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 42-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCE TITLE 10 PUBLIC WAYS AND
PROPERTY, CHAPTER 3 ENCROACH-
MENTS ON PUBLIC PLACES, ARTICLE E 1
DEFINITIONS AND 2 AUTHORIZATION, B,
BY CHANGING THE DEFINITION AND DIS-
TRICTS IN WHICH SIDEWALK CAFES ARE
PERMITTED
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10-3E-1 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
10-3E-1: DEFINITION: “Sidewalk café”
shall mean a group of tables, chairs, barriers
or partitions, trash containers maintained upon
part of the public right of way next to a store-
front used by an establishment with a valid
food and drink permit for the sale to the public
of food, refreshments and beverages of all
kinds.
Section 2. Section 10-3E-2-B of the City of
Dubuque Code of Ordinances is amended to
read as follows:
10-3E-2: AUTHORIZATION:
B. A sidewalk café in the public right of way
shall be permitted where sidewalk cafes are
allowed, provided that restaurants are listed as
a permitted or accessory use in the zoning
district where they are located.
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved and adopted the 6th day
of July, 2015.
/s/Roy D. Buol, Mayer
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 10th day of July, 2015.
/s/Kevin S. Firnstahl, City
6. Code of Ordinances Amendment - Title
16 Zoning Advisory Commission: City Manag-
er recommending approval of an ordinance
Book 145 Regular Session, July 6, 2015 251
that adds a new Section 16-9-1 which estab-
lishes the Zoning Advisory Commission and
provides for the powers, operation, member-
ship and meetings. Motion by Connors to re-
ceive and file the documents and that the re-
quirement 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
Braig. Motion carried 7-0.
Motion by Connors for final consideration
and passage of Ordinance No. 43-15 Amend-
ing City of Dubuque Code of Ordinances Title
16 Unified Development Code, Chapter 9 Zon-
ing Advisory Commission Applications and
Procedures by repealing Section 16-9-1 Zon-
ing Advisory Commission and adopting a new
Section 16-9-1 Zoning Advisory Commission in
lieu thereof Establishing the Zoning Advisory
Commission, Providing for the Powers, Opera-
tion, Membership, and Meetings. Seconded by
Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 43-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 16 UNIFIED DEVEL-
OPMENT CODE, CHAPTER 9 ZONING AD-
VISORY COMMISSION APPLICATIONS AND
PROCEDURES BY REPEALING SECTION
16-9-1 ZONING ADVISORY COMMISSION
AND ADOPTING A NEW SECTION 16-9-1
ZONING ADVISORY COMMISSION IN LIEU
THEREOF ESTABLISHING THE ZONING
ADVISORY COMMISSION, PROVIDING FOR
THE POWERS, OPERATION, MEMBER-
SHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 16-9-1 of the City of
Dubuque Code of Ordinances is hereby re-
leased and the following adopted in lieu there-
of:
16-9-1: ZONING ADVISORY COMMIS-
SION:
A. Commission Created: There is
hereby created the Zoning Advisory
Commission.
B. Purpose: The purpose of the
commission is to make recommenda-
tions to the city council on applications
for rezoning, subdivision plat approval,
and text amendments to the Zoning
Ordinance; to receive input from appli-
cants, neighboring property owners, cit-
izens, and city staff; to review applica-
tions in terms of their impact on the
neighborhood, community, environ-
ment, and the city’s utilities and trans-
portation systems; and to forward to the
city council the commission’s recom-
mendations with the assistance of
Planning Services staff.
C. Internal Organization and Rules:
The commission may adopt rules and
regulations to govern its organizational
procedures as may be necessary and
which are not in conflict with this Code
of Ordinances or the Iowa Code.
D. Procedures for Operation: All
administrative, personnel, accounting,
budgetary, and procurement policies of
the city govern the commission in all its
operations.
E. Membership:
1. The commission comprises
seven (7) residents of the city, ap-
pointed by the city council.
2. Residents must be eighteen
(18) years of age or older.
3. Qualifications.
a. Members must be quali-
fied by knowledge, experience,
and ability to act in matters per-
taining to short-range planning
and zoning, none of whom hold
an elective position in the city.
b. Two (2) members of the
Zoning Advisory Commission
must be appointed to serve on
the Airport Zoning Advisory
Commission, with city council
approval.
4. Membership on the commis-
sion must comply with the provi-
sions of Iowa Code §69.16A, relat-
ing to gender balance. No person
can be appointed or reappointed to
the commission if that appointment
or reappointment would cause the
number of members of one gender
to be greater than one-half (½) of
the membership of the commission
plus one (1). If the city has made a
good faith effort to appoint a quali-
fied person to fill a vacancy on the
commission for a period of three (3)
months but has been unable to
make a compliant appointment, the
city must utilize a fair and unbiased
method of selecting the best quali-
fied applicants.
F. Oath: Each person, upon ap-
pointment or reappointment to the
commission, must execute an oath of
office at the first meeting of the com-
mission following the appointment or
reappointment or at the city clerk’s of-
fice any time prior to the first meeting of
the commission.
G. Terms: The term of office for
commissioners is three (3) years or un-
til such commissioner’s successor is
appointed and qualified. The terms of
252 Regular Sessions, July 6, 2015 Book 145
the cross-representative appointees to
the Airport Zoning Advisory Commis-
sion must coincide with their terms on
the Airport Zoning Advisory Commis-
sion.
H. Vacancies: Vacancies must be
filled in the same manner as original
appointments.
I. Officers/Organization: The com-
missioners must choose annually a
chairperson and vice-chairperson, each
to serve a term of one (1) year. The
chairperson must appoint a secretary,
who need not be a member of the
commission. The commissioners must
fill a vacancy among its officers for the
remainder of the officer’s unexpired
term.
J. Meetings:
1. Regular Meetings. The com-
mission must meet monthly.
2. Special Meetings. Special
meetings may be called by the
chairperson or at the written re-
quest of a majority of the commis-
sioners.
3. Open Meetings. All meetings
must be called and held in con-
formance with the Iowa Open Meet-
ings Law.
4. Attendance.
a. In the event a commis-
sioner has been absent for three
(3) or more consecutive meet-
ings of the commission, without
being excused by the chairper-
son, such absence will be
grounds for the commission to
recommend to the city council
that the position be declared va-
cant and a replacement ap-
pointed.
b. Attendance must be en-
tered upon the minutes of all
meetings.
5. Minutes. A copy of the minutes
of all regular and special meetings of
the commission must be filed with the
city council within ten (10) working
days after each meeting, or by the
next regularly scheduled city council
meeting, whichever is later.
6. Quorum. Four (4) commission-
ers constitute a quorum for the trans-
action of business. The affirmative
vote of a majority of the commission-
ers present and voting is necessary
except at least four affirmative votes
shall be required in the case of (a)
text amendment to the zoning ordi-
nance; (b) a substantial zoning re-
classification; (c) approval, denial, or
amendment of a planned district ap-
plication; (d) adoption of any plan or
report; or (e) amendment of a com-
prehensive plan.
K. Compensation: Commissioners
serve without compensation, provided
that they may receive reimbursement
for necessary travel and other expens-
es while on official commission busi-
ness within the limits established in the
city administrative policies budget.
L. Removal: Except as provided in
J(4)(a), the city council may remove
any commissioner for good cause.
M. Powers: The commission has
the following powers, duties, and re-
sponsibilities:
1. To prepare and recommend a
zoning ordinance to exercise the
powers conferred by state law.
Such zoning ordinance must in-
clude the boundaries of the various
zoning districts; the height, number
of stories, and size of buildings and
other structures in each district; the
percentage of ground that may be
occupied; setback requirements;
the size of yards, courts, and other
open space; the density of popula-
tion; the location and use of build-
ings, structures, and land for trade,
industry, commercial, residential, or
other purposes; and such regula-
tions and restrictions necessary to
enforce such zoning provisions. To
this end the commission must pre-
pare a preliminary zoning ordinance
and hold public hearings thereon
and after such hearings have been
held, and submit a final zoning or-
dinance and its recommendations
to the city council;
2. To recommend to the city
council, from time to time, as condi-
tions require, amendments, sup-
plements, changes, or modifications
to the zoning ordinance but only af-
ter a public hearing;
3. To make such surveys, stud-
ies, maps, plans, or plats of the
whole or any portion of the city and
of any land outside thereof, which in
the opinion of the commission are
consistent with the Comprehensive
Plan and are necessary to carry out
the purposes of the commission;
4. To make recommendations to
the city council upon plans, plats, or
replats of subdivisions or resubdivi-
sions within the city which show
streets, alleys, or other portions of
the same intended to be dedicated
for public use;
Book 145 Regular Session, July 6, 2015 253
5. To make recommendations to
the Long Range Planning Advisory
Commission on the preparation and
maintenance of the Comprehensive
Plan;
6. To fulfill those duties and re-
sponsibilities assigned to a city
planning commission in state law;
and
7. To undertake from time to
time other specific short-range
planning projects which may be re-
ferred to it by the city council.
N. Waiver From Site Design Stand-
ards: The commission has the power to
grant such waivers from the site design
standards of this code, as may be rea-
sonable and within the general purpose
and intent of the site plan review and
approval provisions of this code if the
literal enforcement of one or more pro-
visions of this code is impracticable or
will exact an undue hardship because
of peculiar conditions pertaining to the
land in question. The affirmative vote of
at least four (4) commissioners shall be
necessary to grant a waiver. The waiv-
er may be granted subject to such con-
ditions as the commission may estab-
lish to ensure the general purpose and
intent of the provisions of this code are
followed. At the commission meeting,
the applicant and all other interested
parties must be presented a reasona-
ble opportunity to present their views.
Decisions of the commission may be
appealed to the Zoning Board of Ad-
justment in the same manner as ap-
peals from a decision of an administra-
tive officer.
Section 2. Nothing herein effects the term
of any person serving as a member of the
commission as of the effective date of this
Ordinance.
Section 3. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 6th day
of July, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 10th day of July, 2015.
/s/Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Council Member Jones acknowledged the
deaths of retired Dubuque Police Officer Bob
Flannery; and leading citizens Jim Waller, Lar-
ry Cremer, and Steve Daykin.
Mayor Buol reported on his attendance at
the recent U.S. Conference of Mayors in San
Francisco highlighting the escalating costs of
infrastructure repairs nationwide; how Charles-
ton, SC, is coping with the recent shootings;
solarizing Blacksburg, VA; and President
Obama’s mention of Dubuque for its sustaina-
bility efforts.
PUBLIC INPUT
Adam Schwendinger, 1845 Bennett Street,
addressed the City Council regarding his con-
cerns with residential parking issues between
the Bennett Street neighborhood and the Uni-
versity of Dubuque.
CLOSED SESSION
Motion by Jones to convene in closed ses-
sion at 7:40 p.m. to discuss pending litigation
and property acquisition pursuant to Chapter
21.5(1)(c), -(j) Code of Iowa. Seconded by
Connors. Motion carried 7-0.
Upon motion the City Council reconvened
in open session at 8:36 p.m. stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 8:37 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
254 Regular Session, July 20, 2015 Book 145
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on July 20, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members
Braig Connors, Jones, Lynch, Resnick, Sutton;
City Manager Van Milligen, City Attorney Lin-
dahl
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.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
Dubuque County Fair Week (July 28-
August 2, 2015) was accepted by the Fair’s
General Manager Jamie Blum.
Americans with Disabilities Act (ADA 25th
Anniversary (July 26, 2015) was accepted by
Dubuque Center for Independent Living Board
Chair R.R.S. Stewart and Iowa Democratic
Party Disability Constituency Caucus Chair
Judy Schmidt.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Council
Member Connors requested Items 18-22 be
held for separate discussion. Motion carried 7-
0
Motion by Connors to receive and file and
approve Items 18-22. Seconded by Resnick.
Housing and Community Development Direc-
tor Alvin Nash provided an explanation of the
revisions made to the documents. Motion car-
ried 7-0.
1. Minutes and Reports Submitted: City
Council Proceedings of 7/6; Civil Service
Commission of 6/14; Human Rights Commis-
sion of 6/2, 6/8; Library Board of Trustees of
5/28; Library Board of Trustee Update of 7/1;
Parks and Recreation Advisory Commission of
6/9; Zoning Advisory Commission of 7/1; Zon-
ing Board of Adjustment of 6/25; Proof of Pub-
lication for City Council Proceedings of 6/15;
Proof of Publication for List of Claims and
Summary of Revenues for Month Ended 5/31.
Upon motion the documents were received,
filed and approved.
2. Notice of Claims and Suits: Linda
Schoenberger for property damage; City of
Dubuque vs. Jerry Genie et al.; City of Dubu-
que vs. Jesse Rans et al.; City of Dubuque vs.
Blake and Linda Schellenberg et al. Upon mo-
tion the documents were received, filed and
referred to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Elaine Evers for vehicle damage; Tim
Mueller for monetary loss; Linda Schoenberger
for property damage. Upon motion the docu-
ments were received, filed and concurred.
4. Sustainable Dubuque Community Grant
Recommendations: City Manager recommend-
ing approval of five grant requests from the
Sustainable Dubuque Community Grant pro-
gram. Upon motion the documents were re-
ceived, filed and approved.
5. Request for Proposal - Bee Branch
Flood Control Pumping Station Gates and
Primary Electric Service Replacement Project:
City Manager recommending approval to pro-
ceed with the issuing of a Request for Pro-
posals for design and engineering services for
the Bee Branch Flood Control Pumping Station
Gates and Primary Electric Service Replace-
ment Project. Upon motion the documents
were received, filed and approved.
6. ITC Midwest Easement Agreement: City
Manager recommending approval of two
Easement Agreements for Public Sidewalk
with ITC Midwest. Upon motion the documents
were received, filed and approved.
7. Operating Engineers Collective Bargain-
ing Agreement Amendment: City Manager
recommending approval of an Amendment to
the Collective Bargaining Agreement with the
International Union of Operating Engineers,
Local #234 to provide for a work week that
consists of ten hours per day and four days
per week for full-time Public Safety Dispatch-
ers. Upon motion the documents were re-
ceived, filed and approved.
8. ISO Public Protection Classification:
Correspondence from the Insurance Service
Office (ISO) providing results of their recent
Public Protection Classification survey that
provides an analysis and classification of the
Book 145 Regular Session, July 20, 2015 255
structural fire suppression delivery system for
Dubuque. Upon motion the documents were
received and filed.
9. Limited Term Engineering Technician
Staffing Position: City Manager recommending
approval to create one limited term (duration
two years) Engineering Technician position in
the Engineering Department. Upon motion the
documents were received, filed and approved.
10. Ainley Kennels & Fabrication, Inc. et al.
v. City of Dubuque: City Attorney transmitting
the Court's ruling regarding the lawsuit brought
by 18 manufacturing plaintiffs seeking rebates
of natural gas franchise fees. Upon motion the
documents were received and filed.
11. Pre-Annexation Agreement - Gro-
nen/Mulgrew: City Manager recommending
approval of a Pre-Annexation Agreement with
Mary (Mulgrew) Gronen and the Robert J.
Mulgrew Marital Trust for approximately 30.5
acres located along White Top Road near the
entrance to Swiss Valley Park in Dubuque
County. Upon motion the documents were
received and filed and Resolution No. 245-15
Approving a Pre-Annexation Agreement be-
tween the City of Dubuque, Iowa and Mary
(Mulgrew) Gronen and American Trust And
Savings Bank, Trustees of the Robert J.
Mulgrew Marital Trust under Article VI of the
Last Will and Testament of Robert J. Mulgrew
and the Mary Lou Mulgrew Revocable Trust
dated January 22, 2008 was adopted.
RESOLUTION NO. 245-15
APPROVING A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND MARY (MULGREW)
GRONEN AND AMERICAN TRUST AND
SAVINGS BANK, TRUSTEES OF THE ROB-
ERT J. MULGREW MARITAL TRUST UN-
DER ARTICLE VI OF THE LAST WILL AND
TESTAMENT OF ROBERT J. MULGREW
AND THE MARY LOU MULGREW REVO-
CABLE TRUST DATED JANUARY 22, 2008
Whereas, Mary (Mulgrew) Gronen and
American Trust and Savings Bank, Trustees of
the Robert J. Mulgrew Marital Trust under Arti-
cle VI of the last Will and Testament of Robert
J. Mulgrew and the Mary Lou Mulgrew Revo-
cable Trust dated January 22, 2008, the own-
ers of the following described property in
Dubuque County, Iowa (the Property) have
submitted to the City Council of the City of
Dubuque an application for voluntary annexa-
tion of the Property to the City of Dubuque:
Lot 2 of the SW ¼ NW ¼ Section 16,
T88N, R2E of the 5th P.M., Dubuque
County, Iowa; and
Whereas, Mary (Mulgrew) Gronen and
American Trust and Savings Bank, Trustees of
the Robert J. Mulgrew Marital Trust under Arti-
cle VI of the last Will and Testament of Robert
J. Mulgrew and the Mary Lou Mulgrew Revo-
cable Trust dated January 22, 2008 have en-
tered into a Pre-annexation Agreement with
the City of Dubuque a copy of which is at-
tached hereto governing the future annexation
of the Property; and
Whereas, the Property is not subject to an
existing annexation moratorium; and
Whereas, the Property does not include
any state or railroad property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
Dubuque County, Iowa and the extension of
city limits by voluntary annexation; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Dubuque, and will promote efficient and cost
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement
by and between Mary (Mulgrew) Gronen and
American Trust and Savings Bank, Trustees of
the Robert J. Mulgrew Marital Trust under Arti-
cle VI of the last Will and Testament of Robert
J. Mulgrew and the Mary Lou Mulgrew Revo-
cable Trust dated January 22, 2008 and the
City of Dubuque is hereby approved.
Passed, approved and adopted this 20th
day of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. 2015 Pavement Marking Project
Award: City Manager recommending that the
award for the 2015 Pavement Marking Project
to Selco, Inc., be officially recorded in the
minutes of the City Council. Upon motion the
documents were received, filed and made a
Matter of Record.
13. 610 Wilbur Street Deconstruction Pro-
ject Recording Award Memo: City Manager
recommending that the award for the decon-
struction of 610 Wilbur Street Project to D.F.
Excavating, LLC be officially recorded in the
minutes of the City Council. Upon motion the
documents were received, filed and made a
matter of record.
14. Family Self-Sufficiency Grant Applica-
tion: City Manager recommending approval to
submit a grant application to fund the three
existing Family Self-Sufficiency Coordinator
positions. Upon motion the documents were
256 Regular Session, July 20, 2015 Book 145
received and filed and Resolution No. 246-15
Authorizing the Mayor to execute an applica-
tion for the HUD Family Self-Sufficiency Pro-
gram Grant and authorizing the Director of
Housing and Community Development and the
City Manager to approve the application was
adopted.
RESOLUTION NO. 246-15
AUTHORIZING THE MAYOR TO EXECUTE
AN APPLICATION FOR THE HUD FAMILY
SELF-SUFFICIENCY PROGRAM GRANT
AND AUTHORIZING THE DIRECTOR OF
HOUSING AND COMMUNITY DEVELOP-
MENT AND THE CITY MANAGER TO AP-
PROVE THE APPLICATION
Whereas, the U.S. Department of Housing
and Urban Development has published a No-
tice of Funding Availability (NOFA) for the
Family Self-Sufficiency Program to be utilized
for the salaries of program coordinators com-
bining the funding for the FSS coordinators
that serve Housing Choice Voucher (HCV)
participants and/or Public Housing (PH) partic-
ipants for Calendar Year 2016; and
Whereas, the City of Dubuque has admin-
istered Project Self-Sufficiency since Septem-
ber 1987 that became the Family Self-
Sufficiency (FSS) Program in July 1994; and
Whereas, the City of Dubuque has re-
ceived funding for an FSS coordinator contin-
uously since 1994; and
Whereas, the City of Dubuque proposes to
continue administering the FSS program.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1: That the Mayor is hereby au-
thorized and directed to submit an application
for the HUD FSS program grant.
Section 2: That the Director of Housing and
Community Development and the City Manag-
er are hereby authorized to approve the appli-
cation that is submitted to HUD.
Section 3: That the City Manager is hereby
authorized and directed to forward said appli-
cation and resulting standard executed con-
tract to the respective agencies in a timely
fashion and as required by the U. S. Depart-
ment of Housing and Urban Development.
Passed, approved and adopted this 20th
day of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Schedule of Assessments - Gar-
bage/Junk/Weeds, Start 2015: City Manager
recommending the levy of special assess-
ments for the Weed/Junk/Garbage Enforce-
ment Programs for properties inspected from
November 1, 2014 to June 30, 2015. Upon
motion the documents were received and filed
and Resolution No. 247-15 Adopting the
Schedule of Assessments for 2015 and direct-
ing the City Clerk to certify the Schedule of
Assessments to the County Treasurer and to
publish notice thereof was adopted.
RESOLUTION NO. 247-15
ADOPTING THE SCHEDULE OF ASSESS-
MENTS FOR 2015 AND DIRECTING THE
CITY CLERK TO CERTIFY THE SCHEDULE
OF ASSESSMENTS TO THE COUNTY
TREASURER AND TO PUBLISH NOTICE
THEREOF
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Sched-
ule of Assessments attached hereto for
weed/grass cutting and junk/garbage removal
tax assessments which Schedule of Assess-
ments was filed in the office of the City Clerk
on the 20th day of July, 2015, the said Sched-
ule of Assessments be and the same is hereby
approved and adopted.
That there be, and is hereby assessed and
levied as a lien upon the real property, the
respective sums indicated.
That the City Clerk be and is hereby di-
rected to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to
publish notice of said certification once each
week for two consecutive weeks in the manner
provided in Iowa Code §362.3, the first publi-
cation of which shall be not more than fifteen
days from the date of filing of the final sched-
ule. On or before the date of the second publi-
cation of the notice, the City Clerk shall also
mail a copy of said notice to property owners
whose property is subject to assessment, as
provided and directed in Iowa Code § 384.60.
The assessments may be paid in full or in
part without interest at the Utility Billing Office,
City Hall, 50 W. 13th Street, Dubuque, Iowa at
any time within 30 days after the date of the
first publication of the notice of the filing of the
Schedule of Assessments with the County
Treasurer. After 30 days, unpaid assessments
are payable at the County Treasurer’s Office,
Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa and charges shall be
collected in the same manner as general
property taxes against the respective parcels
of the property set opposite the name of the
property owner.
Passed, approved and adopted this 20th
day of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Book 145 Regular Session, July 20, 2015 257
SCHEDULE OF ASSESSMENTS
2015 Weed/Junk/Garbage Assessments
November 1, 2014 - June 30, 2015
Property Address; Owner; Parcel; Legal De-
scription; Date Cut/Cleaned Up By Contractor;
Expense; Administrative Fee; Total
Rosewood, 2593; Bruce & Kathy Haylock,
2593 Rosewood Dr., Dubuque, IA 52001;
1015353012; Lot 6 Blk 22 Clover Hills Sub;
11/29/2014; $159.46; $25.00; $184.46
Rhomberg Ave., 700; Hiba Petroleum, Inc.,
1785 Ruzich Dr., Bartlett, IL 60103;
1.013E+09; NE 36'& SW 16.43' OF LOT 20
COOKS ADD & LOT 21 COOKS ADD;
10/30/2014; $45.00; $25.00; $70.00
Jackson St., 1228; Maurice Kirchberg,
1228 Jackson St., Dubuque, IA 52001;
1024435011; S 26.2' Lot 60 East Dubuque
Add; 10/16/2014; $76.00; $25.00; $101.00
Elm St., 2721; Travis Kaiser & Kendra
Chapman, 2721 Elm St., Dubuque, IA 52001;
1013182023; S 1/2 of Lot 191 Glendale Add;
12/15/2014; $124.00; $25.00; $149.00
Jackson St., 2063; Joyce Terris, 2063
Jackson St., Dubuque IA 52001; 1024213011;
N 25'-Lot 1-2-E 1/2 Lots 42 & 43 L H Langwor-
thy's Add; 12/19/2014; $83.00; $25.00;
$108.00
W 5th St., 1289; Leon & Sandra Hefel,
1289 W 5th St., Dubuque, IA 52001;
1026236008; Lot 2-A-11 & Lot 2-B-12 Both
S.M. Langs Sub; 2/14/2015; $205.00; $25.00;
$230.00
Queen St., 2516; Richard & Anna Crooks,
2516 Queen St., Dubuque, IA 52001;
1013414001; Lot 50 Staffords Add; 2/13/2015;
$165.00; $25.00; $190.00
Elm St., 2540; Greg Sharkey, 2540 Elm
St., Dubuque, IA 52001; 1013413004; Lot 77 E
Langworthy's Add; Feb/March 2015; $900.00;
$25.00; $925.00
Washington St., 2319; Gina Ungs, 2319
Washington St., Dubuque, IA 52001;
1013459022; N 33'-S 48'-Lot 74 L H Langwor-
thy's Add; 12/18/2014; $83.00; $25.00;
$108.00
Lincoln Ave., 1218; William Heming, 1218
Lincoln Ave., Dubuque, IA 52001;
1118310004; Lot 6 Kiene's Sub; 4/14/2015;
$185.70; $25.00; $210.70
Rhomberg Ave., 2224; Cheryl Marcov,
2224 Rhomberg Ave., Dubuque, IA 52001;
1107457009; Lot 310 Hams Add; 6/23/2015;
$40.00; $25.00; $65.00
Jackson St., 2705; Brett Hahlen, 232 E
26th St., Dubuque, IA 52001; 1.013E+09; E
170'-E 90'-S 34'4" of Lot 366 Davis Farm Add;
6/23/2015; $30.00; $25.00; $55.00
Central Ave., 2626; Justin McCarthy, 2626
Central Ave., Dubuque, IA 52001; 1.013E+09;
S 1/2-W 1/2-271 Davis Farm Add; 6/15/2015;
$40.00; $25.00; $65.00
Jackson St., Lot next to 1845; Chad Han-
sen, 1849 Jackson St., Dubuque, IA 52001;
1.024E+09; N 1/2 M 1/5 City Lot 490;
6/30/2015; $40.00; $25.00; $65.00
16. CDBG Grant Agreement - Four
Mounds HEART Program: City Manager rec-
ommending approval of the Community De-
velopment Block Grant (CDBG) Grant Agree-
ment with Four Mounds HEART Program. Up-
on motion the documents were received, filed
and approved.
17. Contracted Services Grant Agreement
- Hills and Dales Senior Center Lifetime Pro-
gram: City Manager recommending approval
of a revised Contracted Service Agreement
with Hills and Dales Senior Center Lifetime
Program. Upon motion the documents were
received, filed and approved.
18. Purchase of Services Grant Agreement
- Opening Doors: City Manager recommending
approval of a revised Purchase of Services
Grant Agreement with Opening Doors. Upon
motion the documents were received, filed and
approved.
19. Purchase of Services Grant Agree-
ment- Project Concern Information and Refer-
ral: City Manager recommending approval of a
revised Purchase of Services Agreement with
Project Concern to assist Project Concern’s
211 Center. Upon motion the documents were
received, filed and approved.
20. Purchase of Services Agreement - Al-
most Home at St. John's: City Manager rec-
ommending approval of a revised Purchase of
Services Grant Agreement with Almost Home
at St. John’s. Upon motion the documents
were received, filed and approved.
21. Purchase of Services Grant - St. Mark
Youth Enrichment: City Manager recommend-
ing approval of a revised Purchase of Services
Grant Agreement with St. Mark’s Youth En-
richment. Upon motion the documents were
received, filed and approved.
22. Purchase of Services Agreement -
Dubuque YMCA/YWCA: City Manager rec-
ommending approval of a revised Purchase of
Services Grant Agreement with the Dubuque
Community YMCA/YWCA Victim Services
Shelter. Upon motion the documents were
received, filed and approved.
23. Dubuque Furniture & Flooring Selective
Demolition & Restoration Project Acceptance:
City Manager recommending acceptance of
the construction contract for the Dubuque Fur-
niture & Flooring Selective Demolition & Res-
258 Regular Session, July 20, 2015 Book 145
toration Project as completed by Epic Con-
struction. Upon motion the documents were
received and filed and Resolution No. 248-15
Accepting the Dubuque Furniture & Flooring
Selective Demolition & Restoration Project and
authorizing the payment to the contractor was
adopted.
RESOLUTION NO. 248-15
ACCEPTING THE DUBUQUE FURNITURE &
FLOORING SELECTIVE DEMOLITION &
RESTORATION PROJECT AND AUTHORIZ-
ING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract
for the Dubuque Furniture & Flooring Selective
Demolition & Restoration Project (the Project)
has been completed has been completed by
the Contractor, EPIC Construction (Contrac-
tor), the City Engineer has examined the work
and recommends that the Project be accepted;
and
Whereas, the final contract amount for the
Project is $150,655.00; and
Whereas, the Contractor has previously
been paid $143,122.25, leaving a balance of
$7,532.75; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2.The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $7,532.75 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved and adopted this 20th
day of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
24. Acceptance of EPA Environmental Ed-
ucation Grant: City Manager recommending
approval to partner with the University of Iowa
to accept the Environmental Protection Agency
Environmental Education grant and to enter
into an agreement to act as a subgrantee of
the University of Iowa. Upon motion the docu-
ments were received, filed and approved.
25. Brownfields Assessment Cooperative
Agreement Amendment – ECIA: City Manager
recommending approval of an amended con-
tract for services from East Central Intergov-
ernmental Association regarding the 2013 EPA
Brownfields Assessment Grant. Upon motion
the documents were received and filed and
Resolution No. 249-15 Authorizing approval of
an Amended and Restated Contract between
the City of Dubuque, Iowa and East Central
Intergovernmental Association for grant admin-
istration for the 2013 Environmental Protection
Agency Brownfields Assessment Cooperative
Agreement was adopted.
RESOLUTION NO. 249-15
AUTHORIZING APPROVAL OF AN AMEND-
ED AND RESTATED CONTRACT BETWEEN
THE CITY OF DUBUQUE, IOWA AND EAST
CENTRAL INTERGOVERNMENTAL ASSO-
CATION FOR GRANT ADMINISTRATION
FOR THE 2013 ENVIRONMENTAL PRO-
TECTION AGENCY BROWNFIELDS AS-
SESSMENT COOPERATIVE AGREEMENT
Whereas, the City of Dubuque, Iowa (City)
has been awarded $200,000 for a Petroleum
Assessment Grant and $200,000 for a Haz-
ardous Substances Assessment Grant (the
Grants) from the Environmental Protection
Agency as part of a Brownfields Assessment
Cooperative Agreement; and
Whereas, City published a request for
qualifications for project management and
planning services for the Grants; and
Whereas, City staff recommended East
Central Intergovernmental Association (ECIA)
perform the work and a contract was entered
into between City and ECIA (the Contract);
and
Whereas, City determined the scope of
work required to administer the Grants would
require services in addition to those in the
Contract with ECIA; and
Whereas, City published a second request
for proposals; and
Whereas, City staff recommends HR
Green perform the additional services; and
Whereas, the scope of service and number
of hours required in the Contract with ECIA will
be reduced; and
Whereas, City and ECIA now desire to
amend and restate the terms of the Contract.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated
Contract with East Central Intergovernmental
Association for the administration of the Petro-
leum Assessment Grant and a Hazardous
Substances Assessment Grant is hereby ap-
proved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Amended
and Restated Contract on behalf of the City of
Dubuque, Iowa.
Passed, approved, and adopted this 20th
day of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Book 145 Regular Session, July 20, 2015 259
26. Brownfields Area-Wide Planning Grant
Contract – ECIA: City Manager recommending
approval of a contract with East Central Inter-
governmental Association (ECIA) to provide
administrative services in relation to the EPA
Brownfields Area-Wide Planning Grant. Upon
motion the documents were received and filed
and Resolution No. 250-15 Approving an
agreement between the City of Dubuque, Iowa
and East Central Intergovernmental Associa-
tion for grant administration for the 2015 Envi-
ronmental Protection Agency Area Wide Plan-
ning Grant was adopted.
RESOLUTION NO. 250-15
APPROVING AN AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND EAST
CENTRAL INTERGOVERNMENTAL ASSO-
CIAITON FOR GRANT ADMINISTRATION
FOR THE 2015 ENVIRONMENTAL PRO-
TECTION AGENCY AREA WIDE PLANNING
GRANT
Whereas, the Environmental Protection
Agency has awarded the City of Dubuque,
Iowa (City) an Area Wide Planning Grant (the
Grant); and
Whereas, the City of Dubuque, Iowa wish-
es to engage East Central Intergovernmental
Association (ECIA) to provide certain technical
and professional services for grant administra-
tion of the Grant.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Agreement
between the East Central Intergovernmental
Association and the City of Dubuque Iowa is
hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Agree-
ment on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 20th
day of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
27. Alcohol Compliance Civil Penalty for
Alcohol License Holder – Eagle Country Mar-
ket: City Manager recommending approval of
the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Eagle
Country Market, 1800 Elm Street. Upon motion
the documents were received, filed and ap-
proved.
28. Alcohol Compliance Civil Penalty for
Alcohol License Holder – Fife's: City Manager
recommending approval of the Acknowledg-
ment/Settlement Agreement for an alcohol
compliance violation for Fife's, 1113 Main
Street. Upon motion the documents were re-
ceived, filed and approved.
29. 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. 251-15 Approving
applications for beer, liquor, and/or wine per-
mits, as required by City of Dubuque Code of
Ordinances Title 4 Business and License Reg-
ulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits
was adopted.
RESOLUTION NO. 251-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Casey's General Store #2420, 2699 Rockdale
Rd., Class E Liquor, Class C Beer (Sun-
day)
Casey's General Store #2421, 4003 Peru Rd.,
Class E Liquor, Class C Beer (Sunday)
House of China, 170 JFK Rd., Class C Liquor
(Sunday)
Knickers Saloon, 2186 Central Ave, Class C
liquor (Living Qtrs.) (Outdoor) (Sunday)
Vinny Vanucchis Little Italy, 164 Main Street ,
Class C Liquor, Class B Wine (Sunday)
Walnut Tap, 709 University Ave, Class C Liq-
uor (Sunday)
New
Club Synergy, 1700 Central Ave, Class C Liq-
uor (Sunday)
Passed, approved and adopted this 20th
day of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
260 Regular Session, July 20, 2015 Book 145
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
1. NW Arterial Hike/Bike Trail Phases 4 &
5: City Manager recommending initiation of the
public bidding procedure for the Iowa 32 Hike-
Bike Trail-Phase 4 & 5 Project, and further
recommends that a public hearing be set for
August 3, 2015. Upon motion the documents
were received and filed and Resolution No.
252-15 Preliminary approval of plans, specifi-
cations, form of contract, and estimated cost;
setting date of public hearing on plans, specifi-
cations, form of contract, and estimated cost;
and ordering the advertisement for bids was
adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on August 3, 2015
in the Historic Federal Building.
RESOLUTION NO. 252-15
IOWA 32 HIKE-BIKE TRAIL PHASE 4 AND 5
PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the Iowa 32
Hike-Bike Trail Phase 4 and 5 Project in the
estimated amount $450,000.00, are hereby
preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
A public hearing will be held on the 3rd day
of August, 2015, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second
floor) 350 W. 6th Street, Dubuque, Iowa 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 cir-
culation 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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The Iowa 32 Hike-Bike Trail Phase 4 and 5
Project is hereby ordered to be advertised for
bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements herein provided, by publishing the
attached Notice to Bidders to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published not less than four but not more than
forty-five days before the date for filing bids
before 2:00 p.m. on the 6th day of August,
2015. 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 17th day of August, 2015, in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 20th
day of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Federal Building Lease with Iowa State
University: City Manager recommending that a
public hearing be set for August 3, 2015, on
Lease Agreement between the City of Dubu-
que and the Iowa State University in the His-
toric Federal Building. Upon motion the docu-
ments were received and filed and Resolution
No. 253-15 Resolution of Intent to dispose of
an interest in real property owned by the City
of Dubuque, Iowa by lease between the City
and Iowa State University of Science and
Technology was adopted setting a public hear-
ing for a meeting to commence at 6:30 p.m. on
August 3, 2015 in the Historic Federal Building.
RESOLUTION NO. 253-15
INTENT TO DISPOSE OF AN INTEREST IN
REAL PROPERTY OWNED BY THE CITY OF
DUBUQUE, IOWA BY LEASE BETWEEN
THE CITY AND IOWA STATE UNIVERSITY
OF SCIENCE AND TECHNOLOGY
Whereas, the City of Dubuque, Iowa (City)
owns the real property described as the Histor-
ic Federal Building, located at 350 West 6th
Street in the City of Dubuque, Iowa; and
Whereas, City and Iowa State University of
Science and Technology have negotiated a
proposed Lease Agreement for space in the
Historic Federal Building, a copy of which
Lease Agreement is on file at the office of the
City Clerk, City Hall, 13th and Central Avenue,
Dubuque, Iowa; and
Whereas, the City Council believes it is in
the best interests of the City of Dubuque to
approve the proposed Lease Agreement.
Book 145 Regular Session, July 20, 2015 261
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to
dispose of its interest in the foregoing-
described real property by Lease Agreement
between City and Iowa State University of Sci-
ence and Technology.
Section 2. The City Clerk is hereby author-
ized and directed to cause this Resolution and
a notice to be published as prescribed by Iowa
Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing-
described real property, to be held on the 3rd
day of August, 2015, at 6:30 o'clock p.m. at
the Historic Federal Building, Council Cham-
bers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 20th
day of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Dubuque Industrial Center Economic
Development District - Urban Renewal plan
Amendment: City Manager recommending
approval of a Resolution of Necessity that be-
gins the process of amending the Urban Re-
newal Plan for the Dubuque Industrial Center
Economic Development District and set a pub-
lic hearing on the proposed amendment for
September 8, 2015. Upon motion the docu-
ments were received and filed and Resolution
No. 254-15 Resolution of Necessity finding
that certain areas adjacent to the established
Dubuque Industrial Center Economic Devel-
opment District meet the definition of an Eco-
nomic Development Area under the Urban
Renewal Law, that development of said area is
necessary in the interest of the residents of the
City of Dubuque, Iowa and setting dates of
hearing and consultation on a proposed
amendment to the Amended and Restated
Urban Renewal Plan for said District was
adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on September 8,
2015 in the Historic Federal Building.
RESOLUTION NO. 254-15
RESOLUTION OF NECESSITY FINDING
THAT CERTAIN AREAS ADJACENT TO
THE ESTABLISHED DUBUQUE INDUSTRI-
AL CENTER ECONOMIC DEVELOPMENT
DISTRICT MEET THE DEFINITION OF AN
ECONOMIC DEVELOPMENT AREA UNDER
THE URBAN RENEWAL LAW, THAT DE-
VELOPMENT OF SAID AREA IS NECES-
SARY IN THE INTEREST OF THE RESI-
DENTS OF THE CITY OF DUBUQUE, IOWA
AND SETTING DATES OF HEARING AND
CONSULTATION ON A PROPOSED
AMENDMENT TO THE AMENDED AND RE-
STATED URBAN RENEWAL PLAN FOR
SAID DISTRICT
Whereas, the City Council of the City of
Dubuque has heretofore, by Resolution 197-
15, adopted June 1st, 2015, approved the
Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic
Development District (the “District”) in order to
provide redevelopment opportunities which will
further economic development purposes and
objectives as described in the Urban Renewal
Plan; and
Whereas, the City Council has found that
the area adjacent to the District shown as
Subarea G in Exhibit A attached hereto meets
the definition of an economic development
area as found in Chapter 403 of the Iowa Code
and should be included therein; and
Whereas, Subarea G is located within the
corporate limits of the City of Dubuque; and
Whereas, Iowa Code Chapter 403 requires
that before urban renewal authority may be
exercised, a City Council must adopt a resolu-
tion of necessity finding that the area in ques-
tion is a slum, blighted or economic develop-
ment area, and that so designating such area
is necessary in the interest of the public health,
safety or welfare of the residents of the munic-
ipality.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Subarea G described in
Exhibit A attached hereto is an economic de-
velopment area as defined by Iowa Code
Chapter 403 and is appropriate for an urban
renewal project.
Section 2. That the City Manager is author-
ized and directed to prepare an amendment to
the Urban Renewal Plan for the Dubuque In-
dustrial Center Economic Development Dis-
trict, such amendment to include Subarea G
within the District and such other modifications
to the property contained within the District as
may be appropriate, and setting forth the ur-
ban renewal projects that are currently ex-
pected to be undertaken in the District.
Section 3. That the City Manager is further
authorized to determine an appropriate date
for and conduct the consultation process re-
quired by law with affected taxing entities con-
cerning the proposed amendment.
Section 4. That the City Council hold a
public hearing on the adoption of the proposed
Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic
Development District on September 8th, 2015
at 6:30p.m. in the Historic Federal Building,
350 West 6th Street, Dubuque, Iowa 52001.
The notice of said hearing shall generally iden-
tify the area to be covered by the Amended
and Restated Urban Renewal Plan and the
scope of the urban renewal project activities
planned for such area, and said notice shall be
published and available to the public not less
262 Regular Session, July 20, 2015 Book 145
than four days nor more than twenty days be-
fore the date of said meeting. A copy of the
notice of public hearing shall be sent by ordi-
nary mail to the affected taxing entities.
Section 5. That the City Clerk is further di-
rected to send by ordinary mail a copy of said
Amended and Restated Urban Renewal Plan,
the notice of public hearing, and, to the extent
the amendment includes the use of tax incre-
ment revenues for a public building, an analy-
sis of alternative development and funding
options for such public buildings, to the Dubu-
que Community School District and the County
Board of Supervisors, as the affected taxing
entities.
Passed, approved and adopted this 20th
day of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointments were made to the following
Boards/Commissions.
1. Building Code Board of Appeals: One, 3-
year term through August 1, 2018 (expired
term of Luchsinger). Applicant: Richard
Luchsinger, 2875 Brueck Rd. Motion by Braig
to appoint Richard Luchsinger to a 3-year term
through August 1, 2018. Seconded by Res-
nick. Motion carried 7-0.
2. Housing Commission: One, 3-year term
through August 1, 2018 (expired term of
McDonell). Applicant: Robert McDonell, 4050
Peru Rd. Motion by Connors to appoint Robert
McDonell to a 3-year term through August 1,
2018. Seconded by Lynch. Motion carried 7-0.
3. Housing Trust Fund Advisory Commit-
tee: One, 3-year term through August 1, 2018
(expired term of Hingtgen). Applicant: Doris
Hingtgen, 309 Hill St. Motion by Braig to ap-
point Doris Hingtgen to a 3-year term through
August 1, 2018. Seconded by Resnick. Motion
carried 7-0.
4. Library Board of Trustees: One, 4-Year
term through July 1, 2019 (Vacant term of
Boice). Applicant: Pat Maddux, 1685 Fox Dr.
Upon Council concurrence, Mayor Buol ap-
pointed Pat Maddux to a 4-year term through
July 1, 2019.
5. Transit Advisory Board: One, 3-year
term through July 3, 2018 (expired term of
Esser). Applicant: Matt Esser, 90 Main St. Apt
308. Motion by Lynch to appoint Matt Esser to
a 3-year term through July 3, 2018. Seconded
by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the following items.
1. Rezoning Request - 1500 Block of White
Street (101 E. 15th Street): Proof of publication
on notice of public hearing to consider a re-
quest by Gronen Restoration to rezone the
1500 Block of White Street from R-2A Alter-
nate Two-Family Residential to District to OC
Office Commercial District and the Zoning Ad-
visory Commission recommending approval.
Motion by Jones to receive and file the docu-
ments and that the requirement that a pro-
posed ordinance be considered and voted on
for passage at two Council meetings prior to
the meeting at which it is to be passed be sus-
pended. Seconded by Lynch. Planning Ser-
vices Manager Laura Carstens provided a staff
report. Developer John Gronen, 1766 Plym-
outh Ct., provided a description of the project
and addressed parking solutions and ADA
compliance. Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 44-15 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by reclas-
sifying hereinafter described property located
at 101 E. 15th Street from R-2A Alternate Two-
Family Residential District to OC Office Com-
mercial District. Seconded by Lynch. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 44-15
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 101 E. 15TH
STREET FROM R-2A ALTERNATE TWO-
FAMILY RESIDENTIAL DISTRICT TO OC
OFFICE COMMERCIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter–described property from
R-2A Alternate Two-Family Residential District
to OC Office Commercial District, to wit:
City Lot 484 and 1584, and to the cen-
terline of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment
has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publication as provided by
law.
Passed, approved and adopted this 20th
day of July,20012015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Book 145 Regular Session, July 20, 2015 263
Published officially in the Telegraph Herald
newspaper on the 24th day of July, 2015.
/s/Kevin S. Firnstahl, City Clerk
2. Request to Rezone - 460/464 West Lo-
cust Street: Proof of publication on notice of
public hearing to consider a request by Louis
Mihalakis/ACE Construction, to rezone proper-
ty located at 460-464 West Locust Street from
C-1 Neighborhood Commercial District to C-3
General Commercial District and the Zoning
Advisory Commission recommending denial.
Motion by Braig to receive and file the docu-
ments and concur with the denial. Seconded
by Jones. Developer Louis Mihalakis, 1212
Miller Rd., spoke in favor of the request and
described plans for use of the buildings. Plan-
ning Services Manager Laura Carstens pro-
vided a staff report. Motion carried 7-0.
3. Text Amendment - Residential Free-
standing Solar Arrays (1st Reading): Proof of
publication on notice of public hearing to con-
sider a request by the City of Dubuque to
amend the Unified Development Code to es-
tablish procedures for the review of new free-
standing solar arrays and the Zoning Advisory
Commission recommending approval. Motion
by Connors to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Jones. Motion failed 5-2
with Lynch and Sutton voting nay. Planning
Services Manager Laura Carstens and Assis-
tant Planner Kyle Kritz provided a staff report
and responded to questions from the City
Council regarding square footage, dimensions,
exceptions and conditional use permit pro-
cesses. Tim Mueller, 2901 Hillcrest Rd., spoke
in opposition to the request and provided sev-
eral slides of solar arrays citing restrictions in
square footage, proportion, dimensions and
energy needs. Bob Renne, 1950 Avalon Rd.,
spoke in opposition to solar arrays and cited
information on health issues, environmental
impacts and restricted development. Rita Co-
trell, 918 Rhomberg, spoke in opposition to
solar arrays citing related health issues and
proximity to public parks.
Connors moved first reading of the pro-
posed ordinance amending Title 16 of the City
of Dubuque Code of Ordinances, Unified De-
velopment Code, by Amending Articles 16-5-2-
2 (R-1), 16-5-3-2 (R-2) 16-5-4.3 (R-2A), 16-5-
5.3 (R-3) and 16-5-6.3 (R-4), 16-5-7.3 (OR)
and 16-5-9.3 (OC) to establish maximum area
and height requirements for residential free-
standing solar arrays. Seconded by Braig.
Motion carried 5-2 with Lynch and Sutton vot-
ing nay.
4. Southwest Arterial / English Mill Road
Reconstruction Project: Proof of publication on
notice of public hearing to consider approval of
plans, specifications, form of contract, and
estimated cost for the SW Arterial / English Mill
Road Reconstruction Project and the City
Manager recommending approval. Motion by
Connors to receive and file the documents and
adopt Resolution No. 255-15 Approval of
plans, specifications, form of contract, and
estimated cost for the Southwest Arterial -
English Mill Road Reconstruction Project. Se-
conded by Braig. Motion carried 7-0.
RESOLUTION NO. 255-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE SOUTHWEST ARTERIAL -
ENGLISH MILL ROAD RECONSTRUCTION
PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Southwest Arterial - English Mill Road Recon-
struction Project, in the estimated amount
$4,824,850.00, are hereby approved.
Passed, adopted and approved this 20th
day of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. SRF Green Alley Project Bid Set 2 -
Year 3 Award: City Manager recommending
award of the construction contract for the SRF
Green Alley Project Bid Set 2 - Year 3 to the
low bidder Drew Cook and Sons Excavating.
Motion by Connors to receive and file the doc-
uments and adopt Resolution No. 256-15
Awarding public improvement contract for the
SRF Green alley Bid Set 2 - Year 3 Project.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 256-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE SRF GREEN ALLEY BID
SET 2 – YEAR 3 PROJECT
Whereas, sealed proposals have been
submitted by contractors for the SRF Green
Alley Bid Set 2 – Year 3 Project (the Project)
pursuant to Resolution No. 189-15 and Notice
to Bidders published in a newspaper published
in the City of Dubuque, Iowa on the 5th day of
June, 2015.
Whereas, said sealed proposals were
opened and read on the 9th day of July, 2015,
and it has been determined that Drew Cook
264 Regular Session, July 20, 2015 Book 145
and Sons Excavating of Dubuque, Iowa with a
bid in the amount of $1,599,875.00, is the low-
est responsive, responsible bidder for the Pro-
ject.
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 Improve-
ment Contract on behalf of the City of Dubu-
que for the Project.
Passed, approved and adopted this 20th
day of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. 2015 Bridge Repairs and Maintenance
Project Bid Rejection: City Manager recom-
mending rejection of the single bid proposal
received for the 2015 Bridge Repairs and
Maintenance Project due to a lack of competi-
tive bids and insufficient funding to proceed
with the construction improvements as pro-
posed. Motion by Lynch to receive and file the
documents and adopt Resolution No. 257-15
Rejecting competitive bid proposal received for
the 2015 Bridge Repairs and Maintenance
Project. Seconded by Braig. Responding to
questions from the City Council, City Engineer
Gus Psihoyos stated that re-bidding the project
in January 2016 might produce more favorable
bids from multiple contractors currently una-
vailable with other projects and who would
otherwise bid on a project of this scale. Motion
carried 7-0.
RESOLUTION NO. 257-15
REJECTING COMPETITIVE BID PROPOSAL
RECEIVED FOR THE 2015 BRIDGE RE-
PAIRS AND MAINTENANCE PROJECT
Whereas, one (1) competitive sealed bid
proposal was submitted by one (1) contractor
for the 2015 Bridge Repairs and Maintenance
Project (the Project) pursuant to Resolution
No. 211-15 and Notice to Bidders published in
a newspaper published in the City of Dubuque,
Iowa on the 19th day of June, 2015; and
Whereas, the one (1) competitive sealed
bid proposal was opened and read on the 9th
day of July, 2015; and
Whereas, the City Council has deemed it
advisable to reject the one (1) competitive
sealed bid proposal for the Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The one (1) competitive sealed
bid proposal for the 2015 Bridge Repairs and
Maintenance Project is hereby rejected.
Section 2. The City Clerk is authorized and
instructed to return the bid deposit of the un-
successful bidders for the 2015 Bridge Repairs
and Maintenance Project.
Passed, approved and adopted this 20th
day of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Property Acquisition - McFadden Prop-
erties, LLP: City Manager recommending ap-
proval of the Offer to Buy Real Estate and Ac-
ceptance on behalf of McFadden Properties
LLP. Motion by Jones to receive and file the
documents and adopt Resolution No. 258-15
Approving an Offer to Buy and Acceptance for
the acquisition of real estate owned by
McFadden Properties, LLP in Dubuque Coun-
ty, Iowa. Seconded by Lynch. Motion carried
6-1 with Resnick voting nay.
RESOLUTION NO. 258-15
APPROVING AN OFFER TO BUY AND AC-
CEPTANCE FOR THE ACQUISITION OF
REAL ESTATE OWNED BY MCFADDEN
PROPERTIES LLP IN DUBUQUE COUNTY,
IOWA
Whereas, McFadden Properties LLP is the
owner of the following real property (the Prop-
erty):
ALL THAT PART OF THE NW 1/4 OF
THE SW 1/4 OF SECTION 29, T89N,
R2E OF THE 5TH P.M. LYING NORTH
OF THE NORTHERLY RIGHT OF
WAY LINE OF CHAVENELLE RD. AS
SHOWN ON ACQUISITION PLAT
RECORDED AS INSTRUMENT NO.
1965-02 IN THE DUBUQUE COUNTY
RECORDER'S OFFICE; and
Whereas, the City Manager has tentatively
agreed to purchase the Property from McFad-
den Properties LLP, subject to the approval of
an Offer to Buy Real Estate and Acceptance
between the City of Dubuque and McFadden
Properties LLP, by the City Council; and
Whereas, the City Council has determined
that it would be in the best interests of the City
to approve the purchase of the Property from
McFadden Properties LLP.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby ap-
proves the Offer to Buy and Acceptance at-
tached hereto.
Section 2. The City Manager and City At-
torney are authorized to take such further ac-
tion as is required to complete the purchase of
the Property.
Passed, approved and adopted this 20th
day of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Book 145 Regular Session, July 20, 2015 265
4. 2016-2020 Consolidated Plan for Hous-
ing and Community Development: City Man-
ager recommending adoption of the FY 2016-
2020 Consolidated Plan, the FY 2016 Annual
Action Plan and the Analysis of Impediment to
Fair Housing. Motion by Braig to receive and
file the documents and adopt Resolution No.
259-15 Adopting the FY 2016-2020 Consoli-
dated Plan for Housing and Community De-
velopment; authorizing the Mayor to execute
said Plan and all necessary certifications; des-
ignating the City Manager as the authorized
Chief Executive Officer for the Consolidated
Plan; and directing that said Plan be submitted
to the U.S. Department of Housing and Urban
Development. Seconded by Connors. Motion
carried 7-0.
RESOLUTION NO. 259-15
ADOPTING THE FY 2016-2020 CONSOLI-
DATED PLAN FOR HOUSING AND COM-
MUNITY DEVELOMENT; AUTHORIZING
THE MAYOR TO EXECUTE SAID PLAN AND
ALL NECESSARY CERTIFICATIONS; DES-
IGNATING THE CITY MANAGER AS THE
AUTHORIZED CHIEF EXECUTIVE OFFICER
FOR THE CONSOLIDATED PLAN; AND DI-
RECTING THAT SAID PLAN BE SUB-
MTITED TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
Whereas, the U.S. Department of Housing
and Urban Development requires each enti-
tlement city to submit a Consolidated Plan for
Housing and Community Development, includ-
ing the proposed use of its Community Devel-
opment Block Grant funds at least 45 days
prior to its program year; and
Whereas, the City of Dubuque has,
through a series of public meetings and hear-
ings, finalized a Consolidated Plan addressing
both housing and non-housing needs in the
community; and
Whereas, copies of the draft FY 2016-2020
Consolidated Plan (Program Year 2015-2019)
for Housing and Community Development
have been available for public comment 30
days prior to City Council action; and
Whereas, the Housing Commission and
Long Range Planning Commission have re-
viewed and recommended adoption of the
Plan; and
Whereas, City Council has held a public
hearing on the FY 2016 Annual Action Plan,
the first year of the FY 2016-2020 Consolidat-
ed Plan (Program Year 2015-2019) for Hous-
ing and Community Development on February
10, 2015; and
Whereas, the Community Development
Advisory Commission has held a public hear-
ing on the proposed plan on April 15, 2015 and
approved the FY 2016-2020 Consolidated
Plan (Program Year 2015-2019) for Housing
and Community Development; and
Whereas, the U. S. Department of Housing
& Urban Development Office of Community
Planning and Development has reviewed and
accepted the FY 2016-2020 Consolidated Plan
and FY 2016 Annual Action Plan; and
Whereas, in accordance with the Voluntary
Compliance Agreement between the City of
Dubuque and the U.S. Department of Housing
& Urban Development, the City of Dubuque
has provided the U.S. Department of Fair
Housing and Equal Opportunity forty five days
to review the Annual Action Plan and 2016-
2020 Consolidated Plan.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque FY
2016-2020 Consolidated Plan (Program Year
2015-2019) for Housing and Community De-
velopment be and the same is hereby ap-
proved and adopted.
Section 2. That the City Council authorizes
the Mayor to sign the document on behalf of
the City of Dubuque, Iowa; directs the Mayor
to provide all the necessary certifications re-
quired by the U.S. Department of Housing and
Urban Development; designates the City Man-
ager as the authorized Chief Executive Officer
for said Consolidated Plan; and further directs
the City Manager to submit said Consolidated
Plan to the U.S. Department of Housing and
Urban Development.
Passed, approved and adopted this 20th
day of July, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment - Title
8 Human Rights Commission: City Manager
recommending approval of an ordinance which
creates a new Title 8, Chapter 2 which estab-
lishes the Human Rights Commission and
provides for the powers, operation, member-
ship and meetings. Motion by Jones to receive
and file the documents and that the require-
ment that a proposed ordinance be considered
and voted on for passage at two Council meet-
ings prior to the meeting at which it is to be
passed be suspended. Seconded by Lynch.
Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 45-15 Amending
City of Dubuque Code of Ordinances Title 8
Human Rights by repealing Chapter 2 Human
Rights Commission and adopting a new Chap-
ter 2 Human Rights Commission in lieu thereof
Establishing the Human Rights Commission
and Providing for the Powers, Operation,
Membership, and Meetings. Seconded by
Lynch. Motion carried 7-0.
266 Regular Session, July 20, 2015 Book 145
OFFICIAL PUBLICATION
ORDINANCE NO. 45-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 8 HUMAN RIGHTS BY
REPEALING CHAPTER 2 HUMAN RIGHTS
COMMISSION AND ADOPTING A NEW
CHAPTER 2 HUMAN RIGHTS COMMISSION
IN LIEU THEREOF ESTABLISHING THE
HUMAN RIGHTS COMMISSION AND
PROVIDING FOR THE POWERS, OPERA-
TION, MEMBERSHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 8, Chapter 2 of the City of
Dubuque Code of Ordinances is hereby re-
pealed and the following adopted in lieu there-
of:
Chapter 2
HUMAN RIGHTS COMMISSION
8-2-1: Commission Created: There is
hereby created the Human Rights Commis-
sion.
8-2-2: Purpose: The purpose of the com-
mission is to hold hearings, compel the pro-
duction of evidence, and determine the merits
of complaints alleging unfair or discriminatory
practices in housing, employment, education,
credit, or places of public accommodation; to
investigate and study the existence, character,
causes, and extent of discrimination and to
attempt to eliminate discrimination by educat-
ing the public and promoting human rights in
the community; and to take action in the com-
munity to promote civil and respectful behavior
and to eliminate discrimination based on age,
race, creed, color, sex, national origin, religion,
ancestry, disability, marital status, familial sta-
tus, sexual orientation, or gender identity.
8-2-3: Internal Organization and Rules:
The commission may adopt rules and regula-
tions to govern its organizational procedures
as may be necessary and which are not in
conflict with this Code of Ordinances or the
Iowa Code.
8-2-4: Procedures for Operation: All admin-
istrative, personnel, accounting, budgetary,
and procurement policies of the city govern the
commission in all its operations.
8-2-5: Membership:
A. The commission comprises nine (9)
residents of the city, appointed by the
city council from various racial, reli-
gious, cultural, and social groups within
the city.
B. Residents must be eighteen (18)
years of age or older.
C. Membership on the commission
must comply with the provisions of Io-
wa Code §69.16A, relating to gender
balance. No person can be appointed
or reappointed to the commission if that
appointment or reappointment would
cause the number of members of one
gender to be greater than one-half (½)
of the membership of the commission
plus one (1). If the city has made a
good faith effort to appoint a qualified
person to fill a vacancy on the commis-
sion for a period of three (3) months but
has been unable to make a compliant
appointment, the city must utilize a fair
and unbiased method of selecting the
best qualified applicants.
8-2-6: Oath: Each person, upon appoint-
ment or reappointment to the commission,
must execute an oath of office at the first
meeting of the commission following the ap-
pointment or reappointment or at the city
clerk’s office any time prior to the first meeting
of the commission.
8-2-7: Terms: The term of office for com-
missioners is three (3) years or until such
commissioner’s successor is appointed and
qualified.
8-2-8: Vacancies: Vacancies must be filled
in the same manner as original appointments.
8-2-9: Officers/Organization: The commis-
sioners must choose annually a chairperson
and vice-chairperson, each to serve a term of
one (1) year. The chairperson must appoint a
secretary, who need not be a member of the
commission. The commissioners must fill a
vacancy among its officers for the remainder of
the officer’s unexpired term.
8-2-10: MEETINGS:
A. Regular Meetings. The commission
must meet monthly.
B. Special Meetings. Special meetings
may be called by the chairperson or at
the written request of a majority of the
commissioners.
C. Open Meetings. All meetings must
be called and held in conformance with
the Iowa Open Meetings Law.
D. Attendance.
1. In the event a commissioner has
been absent for three (3) or more
consecutive meetings of the com-
mission, without being excused by
the chairperson, such absence will
be grounds for the commission to
recommend to the city council that
the position be declared vacant and
a replacement appointed.
2. Attendance must be entered up-
on the minutes of all meetings.
E. Minutes. A copy of the minutes of all
regular and special meetings of the
commission must be filed with the city
council within ten (10) working days af-
ter each meeting, or by the next regu-
larly scheduled city council meeting,
whichever is later.
Book 145 Regular Session, July 20, 2015 267
F. Quorum. Five (5) commissioners
constitute a quorum for the transaction
of business. The affirmative vote of a
majority of the commissioners present
and voting is necessary for the adop-
tion of any motion or resolution.
8-2-11: Compensation: Commissioners
serve without compensation, provided that
they may receive reimbursement for necessary
travel and other expenses while on official
commission business within the limits estab-
lished in the city administrative policies and
budget.
8-2-12: Removal: The city council may re-
move any commissioner for cause upon writ-
ten charges and after public hearing.
8-2-13: Powers: The commission has the
following powers, duties, and responsibilities:
A. To receive, investigate, and finally
determine the merits of complaints al-
leging unfair or discriminatory practic-
es.
B. To investigate and study the exist-
ence, character, causes, and extent of
discrimination in public accommoda-
tions, employment, apprenticeship pro-
grams, on-the-job training programs,
vocational schools, other educational
institutions, and housing in the city and
to attempt the elimination of such dis-
crimination by education and concilia-
tion.
C. To hold hearings upon any com-
plaint made against a person, an em-
ployer, an employment agency, a labor
organization, or the employees or
members thereof, to subpoena wit-
nesses and compel their attendance at
such hearings, to administer oaths and
take the testimony of any person under
oath and to compel such person, em-
ployer, employment agency, labor or-
ganization, or employees or members
thereof, to produce for examination any
books and papers relating to any mat-
ter involved in such complaint. The
commission will issue subpoenas for
witnesses in the same manner and for
the same purpose on behalf of the re-
spondent upon the respondent’s re-
quest. Such hearings may be held by
the commission, by any commissioner,
or by any hearing examiner appointed
by the commission. If a witness either
fails or refuses to obey a subpoena is-
sued by the commission, the commis-
sion may petition the district court hav-
ing jurisdiction for issuance of a sub-
poena and the court must, in a proper
case, issue the subpoena. Refusal to
obey such subpoena is subject to pun-
ishment for contempt.
D. To issue such publication and re-
ports of investigations and research as
in the judgment of the commission to
promote civil and respectful behavior
which tends to eliminate discrimination.
E. To prepare and transmit to the
mayor and city council from time to
time, but not less often than once each
year, reports describing its proceed-
ings, investigations, hearings conduct-
ed, and the outcome thereof, decisions
rendered, and the other work per-
formed by the commission.
F. To make recommendations to the
city council concerning discrimination.
G. To cooperate, within the limits of any
appropriations made for its operation,
with other agencies or organizations,
both public and private, whose purpos-
es are consistent with those of this
Chapter, in the planning and conduct-
ing of programs designed to eliminate
discrimination or cultural and intergroup
tensions.
H. To adopt, publish, amend, and re-
scind regulations consistent with and
necessary for the enforcement of this
Chapter.
I. To delegate any of its functions, du-
ties, and powers to its staff including
functions, duties, and powers with re-
spect to investigating, conciliating, de-
termining, certifying, reporting, or oth-
erwise acting as to any work, business,
or matter under this Title.
J. To receive, administer, dispense,
and account for any restricted funds
that may be voluntarily contributed to
the commission and any grants that
may be awarded the commission for
furthering the purposes of this Title. No
disbursements will be made of any re-
stricted funds without authority from the
city council.
8-2-14: RECORDS TO BE PUBLIC; EX-
CEPTIONS: All records of the commission are
public except charges, complaints, reports of
investigations, statements, and other docu-
ments or records obtained in investigation of
any charges.
8-2-15: CONFIDENTIALITY OF COM-
PLAINTS: No member of the commission or its
staff will disclose the filing of a charge, the
information gathered during the investigation,
or the endeavors to eliminate such discrimina-
tory or unfair practice by conference, concilia-
tion, or persuasion unless such disclosure is
made in connection with the conduct of such
investigation or after the commission has held
a public hearing upon a complaint filed in con-
nection with such charge. This Section does
268 Special Session July 28, 2015 Book 145
not prevent any complainant, witness, or other
person from publicizing the filing of a charge or
complaint or the matter therein complained of.
8-2-16: SUBPOENAS: The commission
may issue subpoenas and order discovery in
aid of investigations under this Title. Such
subpoenas and discovery may be ordered to
the same extent and subject to the same limi-
tations as would apply for county attorney
subpoenas.
Section 2. Nothing herein effects the term
of any person serving as a commissioner as of
the effective date of this Ordinance.
Section 3. This Ordinance takes effect up-
on publication.
Passed, approved and adopted this 20th
day of July, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 24th day of July, 2015.
/s/Kevin S. Firnstahl, City Clerk
There being no further business, upon mo-
tion the City Council adjourned at 8:27 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 4:30 p.m. on July 28, 2015 in the
Grand River Center, 500 Bell Street.
Present: Mayor Buol; Council Members,
Braig Connors, Jones, Lynch, Resnick, Sutton;
City Manager Van Milligen, City Attorney Lin-
dahl
Also present: Assistant City Managers
Cindy Steinhauser and Teri Goodmann, Assis-
tant City Attorney’s Crenna Brumwell and
Maureen Quann
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of conducting the annual goal
setting session.
ANNUAL GOAL SETTING
(1 of 3)
FISCAL YEAR 2017
Lyle Sumek, of Sumek and Associates, fa-
cilitated the FY 2017 City Council’s goal set-
ting session. Council reviewed achievements
for 2014-2016 for the following goals:
• Community Goal 1: Economic Pros-
perity
• Community Goal 2: Environmen-
tal/Ecological Integrity
• Community Goal 3: Social/Cultural
Vibrancy
• City Goal 1: Planned and Managed
Growth
• City Goal 2: Partnering for a Better
Dubuque
• City Goal 3: Improved Connectivity:
Transportation and Telecommunica-
tions
• What needs to be accomplished with-
in the next year, 18 months and five
years.
• Differences from 2014.
• Strengths / Weaknesses / Threats /
Opportunities
There being no further business, upon motion
the City Council adjourned at 8:58 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
Book 145 Special Session July 29 & Regular Session August 3, 2015 269
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 4:30 p.m. on July 29, 2015 in the
Grand River Center, 500 Bell Street.
Present: Mayor Buol; Council Members,
Braig Connors, Jones, Lynch, Resnick, Sutton;
City Manager Van Milligen, City Attorney Lin-
dahl
Also present: Assistant City Managers
Cindy Steinhauser and Teri Goodmann, Assis-
tant City Attorney’s Crenna Brumwell and
Maureen Quann
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of conducting the annual goal
setting session.
ANNUAL GOAL SETTING
(2 of 3)
FISCAL YEAR 2017
The City Council discussed Actions for
2015-2017 and Management In-Progress
items for 2015-2017 in the following goal are-
as:
• Community Goal 1: Economic Pros-
perity
• Community Goal 2: Environmen-
tal/Ecological Integrity
• Community Goal 3: Social/Cultural
Vibrancy
• City Goal 1: Planned and Managed
Growth
• City Goal 2: Partnering for a Better
Dubuque
• City Goal 3: Improved Connectivity;
Transportation and Telecommunica-
tions
• Organizational Goal: Financially Re-
sponsible City Government And High
Performance Organization
A list of City Council goals will be finalized
at the last goal setting session scheduled for
August 10, 2015.
There being no further business, upon mo-
tion the City Council adjourned at 8:54 p.m.
/s/Cindy M. Steinhauser,
Assistant City Manager
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on August 3, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members
Braig Connors, Jones, Lynch, Resnick, Sutton;
City Manager Van Milligen, City Attorney Lin-
dahl
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.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
Health Center Week (August 9-15, 2015)
was accepted by Dr. Daniel Branson, DDS, of
the Crescent Community Health Center, 1789
Elm St.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Resnick. Council
Member Connors requested #4 (Teri Good-
mann Named Wonder Women - Heroines of
Dubuque by Girl Scouts of Eastern Iowa and
Western Illinois) be held for separate discus-
sion. Motion carried 7-0.
1. Minutes and Reports Submitted: City
Council Proceedings of 7/20; Civil Service
Commission of 7/14 (2); Community Develop-
ment Advisory Commission of 7/15; Invest-
ment Oversight Advisory Commission of 7/22;
Library Board of Trustees of 7/1, 7/16; Parks
and Recreation Advisory Commission of 7/14;
Sister City Relationships Advisory Commission
of 7/15; Proof of publication for City Council
Proceedings of 7/6; Proof of publication for List
of Claims and Summary of Revenues for
Month Ending 6/30. Upon motion the docu-
ments were received and filed.
2. Notice of Claims and Suits: Cindy Bar-
tolotta for vehicle damage, Joseph Maloney for
vehicle damage, William Pline for vehicle
damage. Upon motion the documents were
received, filed and referred to the City Attor-
ney.
270 Regular Session, August 3, 2015 Book 145
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Cindy Bartolotta for vehicle damage;
William Pline for vehicle damage. Upon motion
the documents were received, filed and con-
curred.
4. Teri Goodmann Named Wonder Women
- Heroines of Dubuque by Girl Scouts of East-
ern Iowa and Western Illinois: Correspondence
from the Girl Scouts of Eastern Iowa and
Western Illinois honoring Assistant City Man-
ager Teri Goodmann with the Wonder Women
- Heroines of Dubuque Award. Motion by Con-
nors to receive and file. Seconded by Jones.
Connors congratulated Ms. Goodmann. Motion
carried 7-0.
5. White House Climate Action Champion
Technical Assistance Request: City Manager
recommending approval of a technical assis-
tance application with the Department of Ener-
gy as a White House Climate Action Champi-
on. Upon motion the documents were re-
ceived, filed and approved.
6. Community Development Block Grant
(CDBG) FY16 Annual Action Plan Amendment
1: City Manager recommending approval of
the Fiscal Year 2016 (Program Year 2015)
Annual Action Plan-Amendment 1 for the
Community Development Block Grant (CDBG)
Program. Upon motion the documents were
received and filed and Resolution No. 260-15
Approving Fiscal Year 2016 (Program Year
2015) Annual Action Plan Amendment 1 for
Community Development Block Grant (CDBG)
funds was adopted.
RESOLUTION NO. 260-15
APPROVING FISCAL YEAR 2016 (PRO-
GRAM YEAR 2015) ANNUAL ACTION PLAN
AMENDMENT 1 FOR COMMUNITY DEVEL-
OPMENT BLOCK GRANT (CDBG) FUNDS.
Whereas, the City of Dubuque prepared
and filed an Annual Action Plan for Fiscal
Years 2016; and
Whereas, the City of Dubuque now desires
to amend said Annual Plan by reallocating
funds between existing activities; and
Whereas, said amendment is a non-
substantial amendment as provided in the
City's Citizen Participation Plan and therefore
must be approved by resolution of the City
Council after approval by the Community De-
velopment Advisory Commission; and
Whereas, the Community Development
Advisory Commission held a public meeting on
July 15, 2015; and
Whereas, the Community Development
Advisory Commission reviewed said amend-
ment on July 15, 2015 and voted to approve
said amendment and recommend approval by
the City Council.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Annual Action Plan for
Fiscal Year 2016 is hereby amended to re-
allocate funds to Purchase of Services Grant
Activities as described in the Fiscal Year 2016
(Program Year 2015) Annual Action Plan –
Amendment 1, attached hereto as Exhibit A.
Section 2. That said Fiscal Year 2016
(Program Year 2015) Annual Action Plan
Amendment 1 attached hereto as Exhibit A is
hereby approved.
Section 4. That the City Manager is hereby
authorized and directed to submit a copy of
this resolution and amendment to the U.S.
Department of Housing and Urban Develop-
ment.
Passed, approved and adopted this 3rd day
of July, 2015
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. REAP Annual Plan Update and Grant
Application for Fiscal Year 2016: City Manager
recommending approval of the City of Dubu-
que’s update of the Fiscal Year 2016 Dubuque
County REAP Plan, as well as the resolution
and the Fiscal Year 2016 REAP grant applica-
tion for the Eagle Point Park Environmental
Restoration Project. Upon motion the docu-
ments were received and filed and Resolution
No. 261-15 Authorizing Reap Grant Applica-
tion to Iowa Department of Natural Resources
for Eagle Point Park Environmental Restora-
tion Project was adopted.
RESOLUTION NO. 261-15
AUTHORIZING REAP GRANT APPLICA-
TION TO IOWA DEPARTMENT OF NATU-
RAL RESOURCES FOR EAGLE POINT
PARK ENVIRONMENTAL RESTORATION
PROJECT
Whereas, the Iowa Department of Natural
Resources has allocated grant funds in the
REAP (Resource Enhancement and Protec-
tion) Program for plans for improvements that
enhance the restoration or expansion of Iowa’s
natural resources of parks; and
Whereas, the City of Dubuque has adopted
the 2012 Comprehensive Plan that includes
goals for park improvements and environmen-
tal restoration.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized
to sign and the Planning Services Manager is
hereby authorized to submit an application to
the Iowa Department of Natural Resources for
Book 145 Regular Session, August 3, 2015 271
REAP funds for Eagle Point Park Environmen-
tal Restoration Project.
Section 2. That in the event said applica-
tion is approved, the City Council hereby pro-
vides its written assurance that the completed
project will be adequately maintained for its
intended use in accordance with state re-
quirements.
Passed, approved and adopted this 3rd day
of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. University of Dubuque No Parking Dis-
trict: City Manager transmitting information
related to the University of Dubuque No Park-
ing District as it relates to residents on Bennett
Street who contributed to the public input ses-
sion at the July 6, 2015 City Council meeting.
Upon motion the documents were received
and filed.
9. Iowa Economic Development Authority
Solar Ready Award: City Manager recom-
mending approval of an extension of the Iowa
Economic Development Authority Solar Ready
award contract. Upon motion the documents
were received, filed and approved.
10. Cedar Ridge Farm Place No. 7 Storm
and Sanitary Sewer Improvements Ac-
ceptance: City Manager recommending ac-
ceptance of the public improvements that the
developers, Nemmers Cedar Ridge Farm Lim-
ited Partnership, have recently completed in
Cedar Ridge Farm Place No. 7. (Cedar Cross
Rd./Cedar Crest Ct.) Upon motion the docu-
ments were received and filed and Resolution
No. 262-15 Accepting public improvements in
Cedar Ridge Farm Place No. 7 in the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 262-15
ACCEPTING PUBLIC IMPROVEMENTS IN
CEDAR RIDGE FARM PLACE NO. 7 IN THE
CITY OF DUBUQUE, IOWA
Whereas, pursuant to Sanitary and Storm
Sewer Construction Agreement dated January
26, 2015, certain public improvements includ-
ing storm sewer and sanitary sewer, were in-
stalled by the developer of Cedar Ridge Farm
Place No. 7 in the City of Dubuque, Iowa; and
Whereas, the improvements have been
completed and the City Manager has exam-
ined the work and has filed a certificate stating
that the same has been completed in accord-
ance with the plans approved by the City
Council and in conformance with City specifi-
cations, and has recommended that the im-
provements be accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said public
improvements in Cedar Ridge Farm Place No.
7 be and the same is hereby accepted.
Section 2. That maintenance of said public
improvements shall be the responsibility of the
owners, Nemmers Cedar Ridge Farm Limited
Partnership, for a period of two (2) years from
the date of this resolution.
Passed, approved and adopted this 3rd day
of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. City and ESI Employer Participation
Agreement: City Manager recommending ap-
proval of an Employer Participation Agreement
between the City of Dubuque and Express
Scripts, Inc., for the period January 1, 2015 to
December 31, 2015. Upon motion the docu-
ments were received, filed and approved.
12. Civil Service Commission: Civil Service
Commission submitting the certified list for the
position of Water Engineering Assistant. Upon
motion the document was received, filed and
made a Matter of Record.
July 14, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Water Engineering Assistant was adminis-
tered on June 23, 2015. We hereby certify
that the individuals listed below have passed
this written examination and the vacancy for
this position should be filled from this list and
that this list is good for two (2) years from
above date.
Water Engineering Assistant
1. Carl Plumley
2. Kerry Leppert
3. Alec Leytem
4. Tara Verdia
5. Chad Uhlenhake
6. Tina Timmerman
7. Bryan Fitting
8. Tyler Hyde
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
13. City Assessors Office - Notification of
Tax Appeals: Correspondence from City As-
sessor Rick Engelken advising the City of 10
property tax appeals from the Dubuque City
Board of Review for 2015. Upon motion the
documents were received and filed.
14. Quarterly Investment Report: City
Manager transmitting the June 30, 2015 Quar-
terly Investment Report. Upon motion the doc-
uments were received and filed.
272 Regular Session, August 3, 2015 Book 145
15. Mystique Casino Repairs, Sealcoat &
Restripe Parking Lot Project: Dubuque Racing
Association President and CEO Jesús Avilés
requesting approval to complete the Mystique
Casino Repairs, Sealcoat & Restripe Parking
Lot Project using Depreciation and Improve-
ment Funds. Upon motion the documents were
received, filed and approved.
16. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Drew Cook
& Son's Excavating, Inc., for the Lowell St.
Reconstruction Project; SELCO, Inc., for the
2015 Pavement Marking Project. Upon motion
the documents were received, filed and ap-
proved.
17. Alcohol Compliance Civil Penalty for
Alcohol License Holder – Diamond Jo Casino:
City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an
alcohol compliance violation for the Diamond
Jo Casino, 301 Bell Street. Upon motion the
documents were received, filed and approved.
18. Alcohol License Renewals: City Man-
ager recommending approval of annual beer,
liquor and wine licenses as submitted. Upon
motion the documents were received and filed
and Resolution No. 263-15 Approving applica-
tions for beer, liquor and/or wine permits, as
required by City of Dubuque Code of Ordi-
nances Title 4 Business and License Regula-
tions, Chapter 2 Liquor Control, Article B Liq-
uor, Beer and Wine Licenses and Permits was
adopted.
RESOLUTION NO. 263-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewal
Bell Tower Productions, 2728 Asbury Rd.,
Class C Liquor (Sunday)
Corner Grill, 1689 Elm St., Class C Liquor
(Outdoor)
Holy Spirit Church, 2981 Central Ave, Class C
Beer, Class B Native Wine (Sunday)
Hy-Vee #1 Market Café, 3500 Dodge St.,
Class C Liquor (Sunday)
Kwik Stop Food Mart, 2255 Kerper Blvd.,
Class C Beer, Class B Native Wine, (Sun-
day)
Shannon's Bar & Grill, 521 E 22nd St, Class C
Liquor (Sunday)
The Lift, 180 Main St, Class C Liquor (Sunday)
National Mississippi River Museum & Aquari-
um, 350 East 3rd St. West Dubuque Tap,
1701 Asbury, Class C Liquor (Sunday)
Special Event
Camp Albrecht Acres of the Midwest, AY
McDonald Park, Special Class C Liquor
(Outdoor)
Passed, approved and adopted this 3rd day
of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
1. Burlington Trailways Lease Agreement:
City Manager recommending that a public
hearing be set for August 17, 2015 to approve
a lease agreement with Burlington Trailways at
the Intermodal Transit Facility. Upon motion
the documents were received and filed and
Resolution No. 264-15 Setting a public hearing
on the disposition of an interest in property
owned by the City of Dubuque, Iowa by Lease
Agreement to Burlington Stage Lines, LTD,
was adopted setting a public hearing to com-
mence at 6:30 p.m. on August 17, 2015 in the
Historic Federal Building.
RESOLUTION NO. 264-15
SETTING A PUBLIC HEARING ON THE
DISPOSITION OF AN INTEREST IN PROP-
ERTY OWNED BY THE CITY OF DUBUQUE,
IOWA BY LEASE AGREEMENT TO BUR-
LINGTON STAGE LINES, LTD
Whereas, the City of Dubuque, Iowa (City)
owns the real property described as the Inter-
modal Transportation Center, located at 950
Elm Street in the City of Dubuque, Iowa; and
Whereas, City and Burlington Stage Lines,
LTD have negotiated a proposed Lease
Agreement for space in the Intermodal Trans-
portation Center, a copy of which Lease
Agreement is on file at the office of the City
Clerk, City Hall, 13th and Central Avenue,
Dubuque, Iowa; and
Whereas, the City Council believes it is in
the best interests of the City of Dubuque to
approve the proposed Lease Agreement.
Book 145 Regular Session, August 3, 2015 273
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque sets a
public hearing on the Lease Agreement with
Burlington State Lines LTD for the 17th day of
August, 2015 at 6:30 p.m. in the City Council
Chamber, Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa.
Passed, approved and adopted this 3rd day
of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Sale of Property - Weaver Castle, LLC /
396 W. Locust Street: City Manager recom-
mending that a public hearing be set for Au-
gust 17, 2015, on the sale of 396 W. Locust
Street to Weaver Castle LLC. Upon motion the
documents were received and filed and Reso-
lution No. 265-15 Resolution of Intent to dis-
pose of an interest in City of Dubuque real
estate, setting a time and place for hearing
and providing for the publication of notice
thereof was adopted setting a public hearing to
commence at 6:30 p.m. on August 17, 2015 in
the Historic Federal Building.
RESOLUTION NO. 265-15
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE, SET-
TING A TIME AND PLACE FOR HEARING
AND PROVIDING FOR THE PUBLICATION
OF NOTICE THEREOF
Whereas, the City of Dubuque has ob-
tained certain real property in connection with
the C.H.A.N.G.E. Program; and
Whereas, such rehabilitation will be com-
pleted in accordance with State Historic Tax
Credit Program guidelines and specifications;
and
Whereas, the City of Dubuque has re-
ceived an offer to purchase this certain real
property from Weaver Castle LLC; and
Whereas, by accepting this offer to pur-
chase, the City of Dubuque’s objectives of
increased tax base of single family properties
and rehabilitation of vacant homes are further
realized; and
Whereas, Weaver Castle LLC has agreed
to sign the Restrictive Covenant Agreement
that states the property must remain a single
family home, either owner-occupied or rental
for 21 years.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.That the City of Dubuque, Iowa
intends to dispose of its interest in the follow-
ing legally described property:
Lot 1 of the Subdivision of Lot 15 in
D.N. Cooley’s Subdivision of part of
Out Lots 667, 668, and 669 to Dubu-
que, in the City of Dubuque, Iowa ac-
cording to the recorded plat thereof, to-
gether with and subject to all ease-
ments and agreements of record.
Property deeded herein is taken in “as
is” condition with no guarantees or war-
ranties expressed or implied as to hab-
itability or merchantability.
Section 2. That the City of Dubuque, Iowa
proposes to dispose of its interest in the Prop-
erty to Weaver Castle LLC for the sum of
$37,180.00, plus providing them with a
$20,000 10 year forgivable loan.
Section 3. That the City Clerk is hereby au-
thorized and directed to cause this Resolution
and a notice to be published as prescribed by
Iowa Code Section 364.7 of a public hearing
on the City’s intent to dispose of the Property
to be held on the 17th day of August, 2015, at
6:30 o’clock p.m. at the Historical Federal
building, 350 West 6th Street, Dubuque, Iowa.
Passed, approved, and adopted this 3rd
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Review of applications to the following
Boards/Commissions. Applicants were invited
to address the City Council regarding their
desire to serve on the following
Boards/Commissions.
1. Cable Television Commission: One, 3-
year term through July 1, 2017 (Vacant term of
Stevens). Applicant: Mark Dolson, 54 Alpine
St.
2. Long Range Planning Advisory Com-
mission: One, 3-year term through July 1,
2017 (Vacant term of Beytien). Applicant: Mark
Dolson, 54 Alpine St.
Mr. Dolson spoke in support of his ap-
pointment to either commission citing a prefer-
ence for the Long Range Planning Commis-
sion.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the following items.
1. SRF Green Alley Project Bid Set 3 -
Year 3: Proof of publication on notice of public
hearing to consider approval of plans, specifi-
cations, form of contract and estimated cost for
the SRF Green alley Bid Set 3 - Year 3 Project
and the City Manager recommending approv-
al. Motion by Jones to receive and file Resolu-
tion No. 266-15 Approval of plans, specifica-
tions, form of contract, and estimated cost for
the SRF Green alley Bid Set 3 - Year 3 Pro-
ject; Resolution No. 267-15 Resolution with
274 Regular Session, August 3, 2015 Book 145
Respect to the Adoption of the Resolution of
Necessity proposed for the SRF Green Alley
Bid Set 3 - Year 3 Project; and Resolution No.
268-15 Approving the Schedule of Assess-
ments and estimate of total cost for the SRF
Green alley Bid Set 3 - Year 3 Project. Se-
conded by Lynch. Motion carried 7-0.
RESOLUTION NO. 266-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE SRF GREEN ALLEY BID
SET 3 – YEAR 3 PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
SRF Green Alley Bid Set 3 – Year 3 Project, in
the estimated amount $1,069,628.50, are
hereby approved.
Passed, adopted and approved this 3rd day
of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 267-15
RESPECT TO THE ADOPTION OF THE
RESOLUTION OF NECESSITY PROPOSED
FOR THE SRF GREEN ALLEY BID SET 3 –
YEAR 3 PROJECT
Whereas, the City Council has proposed a
Resolution of Necessity for the SRF Green
Alley Bid Set 3 – Year 3 Project and has given
notice of the public hearing thereon as re-
quired by law; and
Whereas, the public hearing has been
held, all persons offering objections have been
heard and consideration given to all objections
and is pending before this Council; and
Whereas, this is the time and place set as
provided for the taking of action on the pro-
posed Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity
described above is hereby:
Adopted, without amendment, and all ob-
jections filed or made having been duly con-
sidered are overruled.
Passed, adopted and approved this 3rd day
of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 268-15
APPROVING SCHEDULE OF ASSESS-
MENTS AND ESTIMATE OF TOTAL COST
FOR THE SRF GREEN ALLEY BID SET 3 –
YEAR 3 PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plat, schedule of as-
sessments, and estimate of total cost for the
SRF Green Alley Bid Set 3 – Year 3 Project
are hereby approved.
Passed, approved and adopted this 3rd day
of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. NW Arterial Hike/Bike Trail Phase 4 & 5:
Proof of publication on notice of public hearing
to consider approval of plans, specifications,
form of contract, and estimated cost for the
NW Arterial Hike/Bike Trail Phases 4 & 5 Pro-
ject and the City Manager recommending ap-
proval. Motion by Connors to receive and file
the documents and adopt Resolution No. 269-
15 Approval of plans, specifications, form of
contract, and estimated costs for the Iowa 32
Hike/Bike Train - Phases 4 & 5 Project. Se-
conded by Lynch. City Manager Van Milligen
reported after the fact that funding was ap-
proved through the Capital Improvement Pro-
ject budget process from the sales tax portion
of the general fund. Motion carried 7-0.
RESOLUTION NO. 269-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE IOWA 32 HIKE-BIKE TRAIL
- PHASE 4 & 5 PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Iowa 32 Hike-Bike Trail - Phase 4 & 5 Project,
in the estimated amount $389,450.00, are
hereby approved.
Passed, adopted and approved this 3rd day
of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Federal Building Lease with Iowa State
University: Proof of Publication on notice of
public hearing to consider a Lease Agreement
between the City of Dubuque and the Iowa
State University in the Historic Federal Build-
ing and the City Manager recommending ap-
proval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 270-15
Approving the disposal of an interest in real
property owned by the City of Dubuque by
lease between the City of Dubuque, Iowa and
Iowa State University of Science and Technol-
ogy. Seconded by Connors. Motion carried 7-0.
Book 145 Regular Session, August 3, 2015 275
RESOLUTION NO. 270-15
APPROVING THE DISPOSAL OF AN IN-
TEREST IN REAL PROPERTY OWNED BY
THE CITY OF DUBUQUE BY LEASE BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND IOWA STATE UNIVERSITY OF SCI-
ENCE AND TECHNOLOGY
Whereas, the City of Dubuque, Iowa (City)
owns the real property described as the Histor-
ic Federal Building, located at 350 West 6th
Street in the City of Dubuque, Iowa; and
Whereas, City and Iowa State University of
Science and Technology have negotiated a
Lease Agreement for space in the Historic
Federal Building, a copy of which Lease
Agreement is on file at the office of the City
Clerk, City Hall, 13th and Central Avenue,
Dubuque, Iowa; and
Whereas, on August 3, 2015, the City
Council pursuant to notice published as re-
quired by law held a public hearing on its intent
to dispose of the foregoing interest in real
property and overruled all objections thereto;
and
Whereas, the City Council believes it is in
the best interests of the City of Dubuque to
approve the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Lease Agreement between
City and Iowa State University of Science and
Technology is hereby approved and the City
Manager is authorized to execute said Lease
Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 3rd day
of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Southwest Arterial/English Mill Road
Reconstruction Project Award: City Manager
recommending award of the construction con-
tract to the low bidder Taylor Construction,
Inc., subject to Iowa Department of Transpor-
tation approval. Motion by Lynch to receive
and file the documents and adopt Resolution
No. 271-15 Awarding public improvement con-
tract for the Southwest Arterial Project English
Mill Road Reconstruction - Grading, Bridge &
Paving Project Iowa DOT Project No. HDP-
2100 (657)--71-31. Seconded by Connors.
Responding to questions from the City Coun-
cil, Assistant City Engineer Bob Schiesl stated
that the project is done according to state
standards because of the use of federal fund-
ing; and that should the City ever annex the
property, upgrading to City standards could be
done with minimal throw-away costs. Motion
carried 7-0.
RESOLUTION NO. 271-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE SOUTHWEST ARTERIAL
PROJECT ENGLISH MILL ROAD RECON-
STRUCTION - GRADING, BRIDGE & PAV-
ING PROJECT IOWA DOT PROJECT NO.
HDP-2100 (657)--71-31
Whereas, said sealed proposals were
opened and read by the Iowa Department of
Transportation on the 21st day of July, 215 and
it has been determined that Taylor Construc-
tion, Inc. of New Vienna, Iowa, with a bid in the
amount of $3,536,064.29 is the lowest respon-
sive, 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 Taylor Construc-
tion, Inc., subject to the concurrence by Iowa
Department of Transportation, and the City
Manager is hereby directed to execute a Pub-
lic Improvement Contract on behalf of the City
of Dubuque for the Project.
Passed, approved and adopted this 3rd day
of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Text Amendment - Residential Free-
standing Solar Arrays (2nd Reading): Request
by the City of Dubuque to amend the Unified
Development Code to establish procedures for
the review of new freestanding solar arrays
and the Zoning Advisory Commission recom-
mending approval. Planning Services Manager
transmitting additional information. Motion by
Jones to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Resnick. Planning Ser-
vices Laura Carstens and Assistant Planner
Kyle Kritz addressed questions from the City
Council regarding consideration of the option
of using a ratio between the lot and array sizes
and the Zoning Board of Adjustment’s appeal
process that uses the criteria outlined in the
Code of Ordinances. Motion failed 5-2 with
Connors and Lynch voting nay.
Jones moved seconded reading of a pro-
posed ordinance amending Title 16 of the City
of Dubuque Code of Ordinances, Unified De-
velopment Code, by Amending Articles 16-5-2-
2 (R-1), 16-5-3-2 (R-2) 16-5-4.3 (R-2A), 16-5-
5.3 (R-3) and 16-5-6.3 (R-4), 16-5-7.3 (OR)
and 16-5-9.3 (OC) to establish maximum area
276 Regular Session, August 3, 2015 Book 145
and height requirements for residential free-
standing solar arrays. Seconded by Resnick.
Motion carried 6-1 with Lynch voting nay.
3. Code of Ordinances Amendment - Titles
14 & 16 Southwest Arterial Moratorium Exten-
sions: City Manager recommending approval
of four ordinances which extend the moratori-
ums for the construction, rezoning, subdivision
review, and site plan approval in the South-
west Arterial Corridor and the East/West Cor-
ridor Study Areas for an additional 12 months.
Motion by Jones to receive and file the docu-
ments and that the requirement that a pro-
posed ordinance be considered and voted on
for passage at two Council meetings prior to
the meeting at which it is to be passed be sus-
pended. Seconded by Braig. Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 46-15 Amending
City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 2 Building
Construction, Demolition and Moving, Section
14-2-4 Moratorium for Construction or Other
Work on Certain Streets, Areas, or Facilities by
Extending the Moratorium; Ordinance No. 47-
15 Amending the City of Dubuque Code of
Ordinances Title 16 Unified Development
Code Chapter 13 Site Design Standards, Sec-
tion 16-13-2 Applicability by Extending the
Moratorium; Ordinance No. 48-15 Amending
City of Dubuque Code of Ordinances Title 16
Unified Development Code Chapter 9 Zoning
Advisory Commission Applications and Proce-
dures, Section 16-9-5-3 City Council Action by
Extending the Moratorium; and Ordinance No.
49-15 Amending Dubuque Code of Ordinanc-
es, Title 16 Unified Development Code, Chap-
ter 11 Land Subdivision, Section 16-11-2 Ap-
plicability by Amending the Moratorium. Se-
conded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 46-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 2 BUILDING
CONSTRUCTION, DEMOLITION AND MOV-
ING, SECTION 14-2-4 MORATORIUM FOR
CONSTRUCTION OR OTHER WORK ON
CERTAIN STREETS, AREAS, OR FACILI-
TIES BY EXTENDING THE MORATORIUM
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordi-
nances Section 14-2-4 is amended to read as
follows:
Section 14-2-4: Moratorium for Construc-
tion or Other Work on Certain Streets, Areas
or Facilities:
A. Southwest Arterial Corridor: The city
manager may not issue any permit for
any new construction or substantial
enlargement, alteration, repair or re-
modeling of any structure, building or
sign in the southwest arterial corridor,
but not to include demolition, as de-
lineated on drawings on file in the city
clerk’s office, from the effective date
hereof to July 1, 2016, except where
a vested right to the issuance of such
permit accrued prior to the effective
date hereof.
B. East-West Corridor Study Area: The
city manager may not issue any per-
mit for any new construction or sub-
stantial enlargement, alteration, repair
or remodeling of any structure, build-
ing, or sign in the east-west corridor
study area as shown on the map on
file in the office of the city clerk, but
not to include demolition or emergen-
cy repairs without the approval of the
city council, from the effective date
hereof to August 20, 2016, except
where a vested right to the issuance
of such permit accrued prior to the ef-
fective date hereof.
C. Highway 20 Corridor Study Area: The
city manager may not issue any per-
mit for any new construction or sub-
stantial enlargement, alteration, repair
or remodeling of any structure, build-
ing, or sign in the Highway 20 corridor
study area as shown on the map on
file in the office of the City Clerk, but
not to include demolition or emergen-
cy repairs, without the approval of the
city council, from the effective date of
August 20, 2016, except where a
vested right to the issuance of such
permit accrued prior to the effective
date hereof.
Section 2. This ordinance shall take effect
upon publication
Passed, approved and adopted this 3rd
day of August, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 7th day of August, 2015.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 47-15
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES TITLE 16 UNIFIED DE-
VELOPMENT CODE, CHAPTER 13 SITE
DESIGN STANDARDS, SECTION 16-13-2
APPLICABILITY BY EXTENDING THE
MORATORIUM
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Book 145 Regular Session, August 3, 2015 277
Section 1. City of Dubuque Code of Ordi-
nances Section 16-13-2 is amended to read as
follows:
Section 16-13-2: Applicability:
….
E. Moratorium for Site Plans in the
Southwest Arterial Corridor: The city
planner may not issue conditional or
final approval for any site plan filed
for property in the southwest arterial
corridor that lies within the corporate
limits of the city of Dubuque, as de-
lineated on drawings on file in the city
clerk’s office, from the effective date
hereof to July 1, 2016, except where
a vested right to the issuance of such
approval accrued prior to the effective
date hereof.
Section 2. This ordinance takes effect upon
publication.
Passed, approved and adopted this 3rd day
of August, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 7th day of August, 2015.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 48-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 16 UNIFIED DEVEL-
OPMENT CODE CHAPTER 9 ZONING AD-
VISORY COMMISSION APPLICATIONS AND
PROCEDURES, SECTION 16-9-5-3 CITY
COUNCIL ACTION BY EXTENDING THE
MORATORIUM
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances Section 16-9-5-
3 is amended to read as follows:
Section 16-9-5-3: City Council Action:
….
D. Moratorium for Rezonings in the
Southwest Arterial Corridor: The city
council may not give final approval to
any zoning reclassification (rezoning)
request for property in the southwest
arterial corridor that lies within the
corporate limits of the city of Dubu-
que, as delineated on drawings on file
in the city clerk’s office, from the ef-
fective date of July 1, 2016, except
where a vested right to the issuance
of such approval accrued prior to the
effective date hereof.
Section 2. This ordinance takes effect upon
publication.
Passed, approved and adopted this 3rd
day of August, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 7th day of August, 2015.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 49-15
AMENDING DUBUQUE CODE OF ORDI-
NANCES, TITLE 16 UNIFIED DEVELOP-
MENT CODE, CHAPTER 11 LAND SUBDI-
VISION, SECTION 16-11-2 APPLICABILITY
BY AMENDING THE MORATORIUM
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordi-
nances Section 16-11-2 is amended to read as
follows:
Section 16-11-2: Applicability:
…..
C. Southwest Arterial Corridor Subdivi-
sion Review: A proposed plat that di-
vides any parcel within the Southwest
Arterial Corridor into two (2) or more
lots, and any preliminary plat within
the Southwest Arterial Corridor must
be submitted to the City Council for
review. No plat for any subdivision or
resubdivision of property in the
Southwest Arterial Corridor, as delin-
eated on drawings on file in the City
Clerk’s Office, may be approved by
the City Council, from the effective
date hereof to July 1, 2016, except for
the property within the Final Plat of
Siegert’s Place Fifth Addition or
where a vested right to the issuance
of such approval accrued prior to the
effective date hereof.
…..
Section 2. This ordinance shall take effect
upon publication.
Passed, approved and adopted this 3rd
day of August, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 7th day of August, 2015.
/s/Kevin S. Firnstahl, City Clerk
4. Code of Ordinances Amendment - Title
12 Cable Television Commission: City Manag-
er recommending approval of an ordinance
creating a new Title 2, Chapter 11, which es-
tablishes the Cable Television Commission
and provides for the powers, operation, mem-
bership, and meetings. Motion by Jones to
receive and file the documents and that the
requirement that a proposed ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by
Lynch. Motion carried 7-0.
278 Regular Session, August 3, 2015 Book 145
Motion by Jones for final consideration and
passage of Ordinance No. 50-15 Amending
City of Dubuque Code of Ordinances Title 2
Boards and Commissions by Repealing Chap-
ter 11 Cable Television Commission and
Adopting a New Chapter 11 Cable Television
Commission in Lieu Thereof Establishing the
Cable Television Commission and Providing
for the Powers, Operation, Membership, and
Meetings. Seconded by Connors. Motion car-
ried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 50-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS BY REPEALING CHAPTER
11 CABLE TELEVISION COMMISSION AND
ADOPTING A NEW CHAPTER 11 CABLE
TELEVISION COMMISSION IN LIEU
THEREOF ESTABLISHING THE CABLE
TELEVISION COMMISSION AND PROVID-
ING FOR THE POWERS, OPERATION,
MEMBERSHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 2, Chapter 11 of the City of
Dubuque Code of Ordinances is hereby re-
pealed and the following adopted in lieu there-
of:
Chapter 11 CABLE TELEVISION COM-
MISSION
2-11-1: Commission Created: There is
hereby created the Cable Television Commis-
sion.
2-11-2: Purpose: The purpose of the com-
mission is:
A. To develop, in respect to community
programming and cable regulation, pol-
icies that will govern:
1. The use and protection of
equipment and facilities;
2. All training programs;
3. The priorities and scheduling for
use of channel time;
4. The daily regulation and admin-
istration of the cable franchise;
5. The resolution of subscriber
complaints which could not be re-
solved satisfactorily by the cable
manager; and,
6. Other matters pertaining to
community programming or cable
services in Dubuque which may
arise.
B. To develop policies and procedures
regarding the public community pro-
gramming channels that will promote its
nondiscriminatory, first come, first
served and equitable use in conformity
with all applicable regulations and re-
quirements and limit such use to resi-
dents of Dubuque and their own pro-
ductions.
C. To encourage interest in and devel-
opment of decidedly local community
programming.
D. To encourage cooperation and cor-
dial relations between community pro-
grammers, cable subscribers, and the
local cable manager and the local cable
manager’s staff.
E. To identify and support organiza-
tions interested in the channels re-
served for public, education, and gov-
ernment programming.
F. To advise the following:
1. The city manager or the city
manager’s designee (collectively
“the city manager”) on matters relat-
ing to community programming and
the regulation of the cable system;
2. The city council on expenditure
of any funds designated by a fran-
chise for PEG equipment and facili-
ties; and
3. The city council on any matter re-
lating to the cable franchise or sys-
tem.
G. To promulgate and administer
through the city manager all policies,
rules, and procedures relating to com-
munity programming.
H. To keep abreast of developments in
cable technologies, services, and pro-
gramming and to become competent in
cable regulation, finances, and stand-
ards of operation.
I. To act through the city manager as
the local regulatory agent of the cable
franchise and to monitor the operation
of the cable system.
J. To consult with the local cable man-
ager on the best updating of the cable
system, services, and programming
and to advise the city council on ex-
pending the updating funds.
K. To evaluate its own proceedings and
actions and all community program-
ming and cable related activities.
L. To provide any cable user in the city
of Dubuque the opportunity to voice a
complaint regarding the user’s cable
service.
2-11-3: Internal Organization and Rules:
The commission may adopt rules and regula-
tions to govern its organizational procedures
as may be necessary and which are not in
conflict with this Code of Ordinances or the
Iowa Code.
2-11-4: Procedures for Operation: All ad-
ministrative, personnel, accounting, budgetary,
and procurement policies of the city govern the
commission in all its operations.
2-11-5: Membership:
Book 145 Regular Session, August 3, 2015 279
A. The commission comprises seven
(7) residents of the city, appointed by
the city council.
B. Residents must be eighteen (18)
years of age or older.
C. Special Qualifications. In its ap-
pointments, the city council will en-
deavor to achieve a broad representa-
tion of the community and public inter-
ests which can take advantage of dedi-
cated channels to benefit the residents
of the City of Dubuque and to develop
a commission versed and competent in
telecommunication administration, fi-
nances, and regulation. The city council
will attempt to give preference to appli-
cants who are actively interested in
promoting community cable program-
ming who possess, or are willing to ac-
quire, video production background,
and who will relate to the spectrum of
informational and cultural needs of ca-
ble viewers of the City of Dubuque and
applicants who possess professional or
experiential backgrounds in law, fi-
nances, administration, public relations,
or telecommunication technologies.
2-11-6: Oath: Each person, upon appoint-
ment or reappointment to the commission,
must execute an oath of office at the first
meeting of the commission following the ap-
pointment or reappointment or at the city
clerk’s office any time prior to the first meeting
of the commission.
2-11-7: Terms: The term of office for com-
missioners is three (3) years or until such
commissioner’s successor is appointed and
qualified.
2-11-8: Vacancies: Vacancies must be
filled in the same manner as original appoint-
ments.
2-11-9: Officers/Organization: The com-
missioners must choose annually a chairper-
son and vice-chairperson, each to serve a
term of one (1) year. The chairperson must
appoint a secretary, who need not be a mem-
ber of the commission. The commissioners
must fill a vacancy among its officers for the
remainder of the officer’s unexpired term.
2-11-10: MEETINGS:
A. Regular Meetings. The commission
must meet not less than once each
quarter.
B. Special Meetings. Special meetings
may be called by the chairperson or at
the written request of a majority of the
commissioners.
C. Open Meetings. All meetings must
be called and held in conformance with
the Iowa Open Meetings Law.
D. Attendance.
1. In the event a commissioner has
been absent for three (3) or more
consecutive meetings of the com-
mission, without being excused by
the chairperson, such absence will
be grounds for the commission to
recommend to the city council that
the position be declared vacant and
a replacement appointed.
2. Attendance must be entered up-
on the minutes of all meetings.
E. Minutes. A copy of the minutes of all
regular and special meetings of the
commission must be filed with the city
council within ten (10) working days af-
ter each meeting, or by the next regu-
larly scheduled city council meeting,
whichever is later.
F. Quorum. Four (4) commissioners
constitute a quorum for the transaction
of business. The affirmative vote of a
majority of the commissioners present
and voting is necessary for the adop-
tion of any motion or resolution.
2-11-11: Compensation: Commissioners
serve without compensation, provided that
they may receive reimbursement for necessary
travel and other expenses while on official
commission business within the limits estab-
lished in the city administrative policies and
budget.
2-11-12: Removal: Except as provided in
2-11-10(D)(1), the city council may remove
any commissioner for good cause.
2-11-13: Powers: The commission has the
following powers, duties, and responsibilities:
A. To assure that cable channels,
equipment, and resources dedicated
and reserved for community program-
ming are used effectively, efficiently,
and economically to afford the commu-
nity and individuals of the City of Dubu-
que the opportunity to express opinions
and provide information to cable users,
and that such programming is charac-
terized by appropriateness, quality, and
continuity; and
B. To assure full compliance with any
franchises authorizing cable or video
service in the City of Dubuque, that the
franchises be interpreted and applied to
the benefit of the City and its residents,
that quality and updated services be
delivered throughout the City, and that
the public interest be protected in all
matters related to the cable services
delivery systems.
Section 2. Nothing herein effects the term
of any person serving as a commissioner as of
the effective date of this Ordinance.
Section 3. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 3rd day
of August, 2015.
/s/Roy D. Buol, Mayor
280 Regular Session, August 3, 2015 Book 145
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 7th day of August, 2015.
/s/Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment - Title
2 Housing Trust Fund Advisory Committee:
City Manager recommending approval of an
amendment to the City of Dubuque Code of
Ordinances regarding the Housing Trust Fund
Advisory Committee. Motion by Lynch to re-
ceive and file the documents and that the re-
quirement 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
Connors. Motion carried 7-0.
Motion by Lynch for final consideration and
passage of Ordinance No. 51-15 Amending
City of Dubuque Code of Ordinances Title 2
Boards and Commissions, Chapter 5 Housing
Agency and Community Development Com-
missions, Article D Trust Fund Advisory Com-
mittee by Repealing Section 2- 5D-6 Commit-
tee Established; Membership; Functions and
Adopting a New Section 2-5D-6 Housing Trust
Fund Advisory Committee in Lieu Thereof Es-
tablishing the Trust Fund Advisory Committee
and Providing for the Powers, Operation,
Membership, and Meetings. Seconded by
Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 51-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS, CHAPTER 5 HOUSING
AGENCY AND COMMUNITY DEVELOP-
MENT COMMISSIONS, ARTICLE D TRUST
FUND ADVISORY COMMITTEE BY RE-
PEALING SECTION 2-5D-6 COMMITTEE
ESTABLISHED; MEMBERSHIP; FUNC-
TIONS AND ADOPTING A NEW SECTION 2-
5D-6 HOUSING TRUST FUND ADVISORY
COMMITTEE IN LIEU THEREOF ESTAB-
LISHING THE TRUST FUND ADVISORY
COMMITTEE AND PROVIDING FOR THE
POWERS, OPERATION, MEMBERSHIP,
AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 2, Chapter 5, Article D,
Section 2-5D-6 of the City of Dubuque Code of
Ordinances is hereby released and the follow-
ing adopted in lieu thereof:
2-5D-6: HOUSING TRUST FUND ADVI-
SORY COMMITTEE:
A. Committee Created: There is hereby
created the Housing Trust Fund Advi-
sory Committee.
B. Purpose: The purpose of the com-
mittee is to recommend policy direction
and oversight to the administration and
operation of the Housing Trust Fund by
soliciting funding, developing by-laws to
govern the committee’s operations, and
developing policies and guidelines for
acquisition and distribution of funds.
Such solicitations, by-laws, policies,
and guidelines must be approved by
the Housing Commission and submit-
ted to the city council for its approval.
C. Internal Organization and Rules:
The committee may adopt rules and
regulations to govern its organizational
procedures as may be necessary and
which are not in conflict with this Code
of Ordinances or the Iowa Code.
D. Procedures for Operation: All admin-
istrative, personnel, accounting, budg-
etary, and procurement policies of the
city govern the committee in all its op-
erations.
E. Membership:
1. The committee comprises five (5)
residents of the city, appointed by
the city council.
2. Residents must be eighteen (18)
years of age or older.
3. Special Qualifications:
a. Two (2) of the members must
be appointed by and from the
membership of the Housing
Commission.
b. Three (3) members of the
public must be elected specifi-
cally on the basis of experience
in real estate development,
banking, finance, accounting,
funds management, or other re-
lated areas of expertise.
F. Oath: Each person, upon appoint-
ment or reappointment to the commit-
tee, must execute an oath of office at
the first meeting of the committee fol-
lowing the appointment or reappoint-
ment or at the city clerk’s office any
time prior to the first meeting of the
committee.
G. Terms: The term of office for mem-
bers of the committee is three (3) years
or until such member’s successor is
appointed and qualified. The terms of
the cross-representative appointees
from the Housing Commission must co-
incide with their terms on the Housing
Commission.
H. Vacancies: Vacancies must be filled
in the same manner as original ap-
pointments.
I. Officers; Organization: The Housing
Commission must choose annually a
chairperson and vice-chairperson, each
to serve a term of one (1) year. The
chairperson must appoint a secretary,
Book 145 Regular Session, August 3, 2015 281
who need not be a member of the
committee. The committee must fill a
vacancy among its officers for the re-
mainder of the officer’s unexpired term.
J. Meetings:
1. Regular Meetings: The commit-
tee must meet at least two (2) times
per year; one meeting must be a
public hearing regarding submis-
sion of the Iowa Finance Authority
application.
2. Special Meetings: Special meet-
ings may be called by the chairper-
son or at the written request of a
majority of the members.
3. Open Meetings: All meetings
must be called and held in con-
formance with the Iowa Open Meet-
ings Law.
4. Attendance:
a. In the event a member of the
committee has been absent for
three (3) or more consecutive
meetings of the committee,
without being excused by the
chairperson, such absence will
be grounds for the committee to
recommend to the city council
that the position be declared va-
cant and a replacement ap-
pointed.
b. Attendance must be entered
upon the minutes of all meet-
ings.
5. Minutes: A copy of the minutes of
all regular and special meetings of
the committee must be filed with the
city council within ten (10) working
days after each meeting, or by the
next regularly scheduled city coun-
cil meeting, whichever is later.
6. Quorum: Three (3) members of
the committee constitute a quorum
for the transaction of business. The
affirmative vote of a majority of the
members present and voting is
necessary for the adoption of any
resolution.
K. Compensation: Members serve
without compensation, provided that
they may receive reimbursement for
necessary travel and other expenses
while on official committee business
within the limits established in the city
administrative policies and budget.
L. Removal: Except as provided in 2-
5D-10(D)(1), the city council may re-
move any member for good cause.
M. Powers: The committee has the fol-
lowing powers, duties, and responsibili-
ties:
1. To coordinate an effective mech-
anism for public participation in the
operation of the trust fund;
2. To recommend projects to the
Housing Commission for funding
approval; and
3. To engage in activities providing
for the efficient use of the trust fund.
Section 2. Nothing herein effects the term
of any person serving as a member of the
committee as of the effective date of this Ordi-
nance.
Section 3. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 3rd day
of August, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 7th day of August, 2015.
/s/Kevin S. Firnstahl, City Clerk
6. Request for Work Session - Sustainable
Dubuque: City Manager recommending that
the City Council schedule the Sustainable
Dubuque Quarterly Work Session for Septem-
ber 8, 2015 at 5:00 p.m. Motion by Connors to
set the work session as recommended. Se-
conded by Lynch. Motion carried 7-0.
There being no further business, upon mo-
tion the City Council adjourned at 7:12 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
282 Special Session, August 10, 2015 Book 145
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 4:30 p.m. on August 10, 2015 at the
Grand River Center, 500 Bell Street.
Present: Mayor Buol; Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney
Lindahl
Staff present: Assistant City Manager
Steinhauser, Assistant City Attorneys Brum-
well and Quann, Assistant City Clerk Gleason
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of conducting the City Council
Goal Setting Session.
GOAL SETTING SESSION
(Follow up to July 28 & 29, 2015 Sessions)
Lyle Sumek, of Sumek and Associates, fa-
cilitated the FY 2016 City Council’s third and
final goal setting session. Following discus-
sion, the City Council reached consensus on
the 2030 Dubuque Vision Statement, City Mis-
sion Statement and established the following
goals and priorities for 2015-2017.
The 2030 Dubuque Vision Statement
The city of Dubuque is a progressive, sus-
tainable city with a strong diversified economy
and expanding global connections. The Dubu-
que community is an inclusive community cel-
ebrating culture and heritage and has actively
preserved our Masterpiece on the Mississippi.
Dubuque citizens experience healthy living
and retirement through quality, livable neigh-
borhoods with an abundance of fun things to
do; and are engaged in the community,
achieving goals through partnerships. Dubu-
que city government is financially sound and is
providing services with citizens getting value
for their tax dollar.
Mission Statement
The City’s Mission is to deliver excellent
municipal services that support urban living
and a sustainable city plan for the community’s
future and facilitate access to critical human
services which result in financially sound gov-
ernment and citizens getting services and val-
ue for their tax dollar.
Five-Year Community Goals for a Sustain-
able Dubuque
• Economic Prosperity
• Environmental/Ecological Integrity
• Social/Cultural Vibrancy
Five-Year City Goals
• Planned and Managed Growth
• Partnering for a Better Dubuque
• Improved Connectivity: Transporta-
tion and Telecommunications
Five-Year Organization Goal
• Financially Responsible City Gov-
ernment and High-Performance Or-
ganization
POLICY AGENDA 2015 – 2017
Top Priorities (in alphabetical order):
• East-West Corridor Study Implemen-
tation
• Environmental Stewardship Commis-
sion (Community Resiliency Commis-
sion)
• Historic Millwork District Parking (470
spaces)
• Inclusive Dubuque Action Plan
• Street Maintenance Program
High Priorities (in alphabetical order):
• Central Iowa Water Association
• City Economic Development
• Citywide Flower-Planting Program
• Comprehensive Plan
• Debt Reduction Policy
• Methane Gas Plan
• Surveillance Camera Funding
There being no further business, upon mo-
tion the City Council adjourned at 7:36 p.m.
/s/Trish L. Gleason, CMC, Assistant City Clerk
Book 145 Regular Session, August 17, 2015 283
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on August 17, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members
Braig Connors, Jones, Lynch, Resnick, Sutton;
City Manager Van Milligen, City Attorney Lin-
dahl
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.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
Welcome Back Students Weeks (August
17-28, 2015) was accepted by Jan Powers of
Greater Dubuque Development Corp., 900
Jackson St.
Drive the Great River Road Month (Sep-
tember 2015) was accepted by John Good-
mann, Chairperson of the Mississippi River
Parkway Commission, 1306 Tomahawk Dr.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7-0.
1. Minutes and Reports Submitted: Cable
TV Commission of 6/3; City Council Proceed-
ings of 8/3; Civic Center Commission of 7/27;
Library Board of Trustees of 7/23; Historic
Preservation Commission of 7-16; Zoning Ad-
visory Commission of 8/5; Zoning Board of
Adjustments of 7/23; Proof of Publication for
City Council Proceedings of 7/20; Upon motion
the documents were received and filed.
2. Notice of Claims and Suits: Claim by
Applewood III (Horizon) for property damage;
Claim by Brandy Breitsprecker for property
damage; Claim by Trisha Federspiel for vehi-
cle damage; Claim by Sheryl Helling for vehi-
cle damage; Claim by Sisters of the Visitation
for vehicle damage. Upon motion the docu-
ments were received, filed and referred to the
City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Applewood III for property damage;
Brandy Breitsprecker for property damage;
Trisha Federspiel for vehicle damage; Sheryl
Helling for vehicle damage. Upon motion the
documents were received, filed and concurred.
4. Iowa Finance Authority (IFA) Grant -
Matching Funds Request: City Manager rec-
ommending approval to commit funds from the
North Cascade TIF FY 2016 receipts as a
match to the Iowa Finance Authority (IFA)
grant from the State Housing Trust Funds.
Upon motion the documents were received
and filed and Resolution No. 272-15 Approving
Commitment of Matching Funds for an Appli-
cation to the Iowa Finance Authority (IFA) for
State Housing Trust Funds was adopted.
RESOLUTION NO. 272-15
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 statewide 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 Commit-
tee has authorized an application to IFA for a
Housing Trust Fund award, in the amount of
$147,046; and
Whereas, North Cascade TIF FY 2016 re-
ceipts committed to the Washington Neighbor-
hood revitalization initiative are available in the
current year Housing Department’s 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 $36,762 in current
year North Cascade TIF FY 2016 receipts 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 au-
thority to direct how such funds shall be used
in support of revitalization activities in the
Washington Neighborhoods.
Passed, approved and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
284 Regular Session, August 17, 2015 Book 145
5. Bard Materials - Grant of Temporary
Construction Access Easement: City Manager
recommending acceptance of a temporary
construction access easement from Bard Ma-
terials to construct a sanitary sewer interceptor
as part of the Bee Branch Creek Project Con-
tract #7 Railroad Sewer Crossing Project in Lot
1-2 and Lot 2A Kerper Industrial Park. Upon
motion the documents were received and filed
and Resolution No. 273-15 Accepting a Tem-
porary Construction Access Easement for
Sanitary Sewer Interceptor Through, Over and
Across Part of Lot 1-2 and Lot 2A Kerper In-
dustrial Park, in the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 273-15
ACCEPTING A TEMPORARY CONSTRUC-
TION ACCESS EASEMENT FOR SANITARY
SEWER INTERCEPTOR THROUGH, OVER
AND ACROSS PART OF LOT 1-2 AND LOT
2A KERPER INDUSTRIAL PARK, IN THE
CITY OF DUBUQUE, IOWA
Whereas, Bard Materials have executed a
Temporary Construction Access Easement for
Sanitary Sewer Interceptor through, over and
across Lot 1-2 and Lot 2A Kerper Industrial
Park in the City of Dubuque, Dubuque County,
Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Temporary Construction
Access Easement for Sanitary Sewer Intercep-
tor through, over and across Lot 1-2 and Lot
2A Kerper Industrial Park, in the City of Dubu-
que, Dubuque County, Iowa from Bard Materi-
als, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. The City Clerk is hereby author-
ized to and directed to record this resolution
and easement with the Dubuque County Re-
corder.
Passed, approved and adopted this 17th
day of August, 2015
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. City Assessor's Office Notification of Tax
Appeals: Correspondence from City Assessor
Rick Engelken that provides additional infor-
mation to the notification of property tax ap-
peals that appeared on the August 3, 2015
Agenda. Upon motion the documents were
received and filed.
7. ITC Midwest Easement Agreement -
2849 White Street: City Manager recommend-
ing approval of an easement agreement with
ITC Midwest for electric transmission line
maintenance work at 2849 White Street. Upon
motion the documents were received, filed and
approved.
8. Trailhead Energy Contract: City Manag-
er recommending approval of the execution of
a contract with Trailhead Energy to complete
work related to Dubuque’s competition as one
of 52 semi-finalists for the Georgetown Univer-
sity Energy Prize. Upon motion the documents
were received, filed and approved.
9. U.S. Department of Housing and Urban
Development Contract - Continuum of Care
Special Needs Assistance Program: City Man-
ager recommending approval of the execution
of the contract with the U.S. Department of
Housing and Urban Development for admin-
istration of the Continuum of Care Special
Needs Assistance Program (formerly Shelter
Plus Care). Upon motion the documents were
received, filed and approved.
10. Reimbursement Resolution - Creek
Wood Park: City Manager recommending ap-
proval of a reimbursement resolution to serve
as “official intent” to reimburse the project ex-
penditures for the Creek Wood Park Develop-
ment Project, as required under the Federal
Tax-Exempt Bond Regulation. Upon motion
the documents were received and filed and
Resolution No. 274-15 Declaring an Official
Intent under Treasury Regulation 1.150-2 to
issue debt to reimburse the City for certain
original expenditures paid in connection with
the Creek Wood Park Project was adopted.
RESOLUTION NO. 274-15
DECLARING AN OFFICIAL INTENT UNDER
TREASURY REGULATION 1.150-2 TO IS-
SUE DEBT TO REIMBURSE THE CITY FOR
CERTAIN ORIGINAL EXPENDITURES PAID
IN CONNECTION WITH THE CREEK WOOD
PARK PROJECT
Whereas, the City anticipates making cash
expenditures for a capital improvement project
generally described as the Creek Wood Park
Development Project (hereinafter referred to
as the "Project"); and
Whereas, the City reasonably expects to
issue debt to reimburse the costs of the Pro-
ject; and
Whereas, the Council believes it is con-
sistent with the City's budgetary and financial
circumstances to issue this declaration of offi-
cial intent.
NOW, THEREFORE, BE IT RESOLVED
BY THE City Council OF THE City of Dubu-
que, IOWA:
Book 145 Regular Session, August 17, 2015 285
Section 1. That this Resolution be and
does hereby serve as a declaration of official
intent under Treasury Regulation 1.150-2.
Section 2. That it is reasonably expected
that capital expenditures will be made in re-
spect of the Project, from time to time and in
such amounts as this Council determines to be
necessary or desirable under the circumstanc-
es then and there existing, and this Council
reasonably expects to reimburse all or a por-
tion of such expenditures with the proceeds of
bonds, notes or other indebtedness to be is-
sued or incurred by the City in the future.
Section 3. That the total estimated costs of
the Project, the maximum principal amount of
the bonds, notes or other indebtedness to be
issued for the foregoing Project and the esti-
mated date of completion of the Project is rea-
sonably expected to be as follows:
Project: Creek Wood
Funds from which Original expenditures
are to be Advanced: Park Development
General Fund
Total Estimated Cost: $150,000
Amount of Borrowing Anticipated:
$150,000
Estimated Date of Completion: August
2016
Section 4. That the City reasonably ex-
pects to reimburse the above-mentioned Pro-
ject costs not later than the later of eighteen
months after the capital expenditures are paid
or eighteen months after the property is placed
in service.
Section 5. That this Resolution be main-
tained by the City Clerk and available at all
times for public inspection, subject to such
revisions as may be necessary.
Passed and approved this 17th day of Au-
gust, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Final Plat - Schlosser Place: Zoning
Advisory Commission recommending approval
of the request subject to waiving the lot front-
age requirement for Lot 3 and Lot Area for
Lots 1 and 3. Upon motion the documents
were received and filed and Resolution No.
275-15 Approving the Final Plat of Schlosser
Place in the City of Dubuque, Iowa was adopt-
ed.
RESOLUTION NO. 275-15
APPROVING THE FINAL PLAT OF
SCHLOSSER PLACE IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a Final Plat of Schlosser Place in the city
of Dubuque, Iowa ; and
Whereas, said Final Plat provides 0 feet of
frontage for Lot 3 on a public or approved pri-
vate street, where 50 feet of street frontage is
required, and provides 3,985 square feet and
3,023 square feet of lot area for Lots 1 & 2
respectively, where 5,000 square feet is re-
quired by Section 11-14 of Title 16 of the City
of Dubuque Code of Ordinances, Unified De-
velopment Code; and
Whereas, said Final Plat has been exam-
ined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Final Plat has been exam-
ined by the City Council and they find that it
conforms to the statutes and ordinances relat-
ing 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, Uni-
fied Development Code, is waived to allow 0
feet of frontage on a public street or an ap-
proved private street for Lot 3 and 3,985
square feet and 3,023 square feet of lot area
for Lots 1 & 2 respectively.
Section 2. That the Final Plat 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 August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Pre-Annexation Agreement - Thomas &
Judith Priebe: City Manager recommending
approval of a Pre-Annexation Agreement with
Thomas J. and Judith J. Priebe, for property
located at 14928 Old Highway Road. Upon
motion the documents were received and filed
and Resolution No. 276-15 Approving a Pre-
Annexation Agreement between the City of
Dubuque, Iowa and Thomas J. And Judith J.
Priebe was adopted.
RESOLUTION NO. 276-15
APPROVING A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND THOMAS J. AND
JUDITH J. PRIEBE
Whereas, Thomas J. and Judith J. Priebe,
the owner of the following described property
in Dubuque County, Iowa (the Property) have
submitted to the City Council of the City of
Dubuque an application for voluntary annexa-
tion of the Property to the City of Dubuque:
Lot 4 Diamond Heights in Dubuque
County, Iowa; and
Whereas, Thomas J. and Judith J. Priebe
have entered into a Pre-annexation Agreement
with the City of Dubuque a copy of which is
attached hereto governing the future annexa-
tion of the Property; and
286 Regular Session, August 17, 2015 Book 145
Whereas, the Property is not subject to an
existing annexation moratorium; and
Whereas, the Property does not include
any state or railroad property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
Dubuque County, Iowa and the extension of
city limits by voluntary annexation; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Dubuque, and will promote efficient and cost
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement
by and between Thomas J. and Judith J.
Priebe and the City of Dubuque is hereby ap-
proved.
Passed, approved and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Pre-Annexation Agreement - Joseph &
Enid Wysocki: City Manager recommending
approval of a Pre-Annexation Agreement with
Joseph A. and Enid E. Wysocki, for property
located at 14946 Old Highway Road. Upon
motion the documents were received and filed
and Resolution No. 277-15 Approving a Pre-
Annexation Agreement between the City of
Dubuque, Iowa and Joseph A. and Enid E.
Wysocki was adopted.
RESOLUTION NO. 277-15
APPROVING A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND JOSEPH A. AND
ENID E. WYSOCKI
Whereas, Joseph A. and Enid E. Wysocki,
the owner of the following described property
in Dubuque County, Iowa (the Property) have
submitted to the City Council of the City of
Dubuque an application for voluntary annexa-
tion of the Property to the City of Dubuque:
Lot 3 Diamond Heights in Dubuque
County, Iowa; and
Whereas, Joseph A. and Enid E. Wysocki
have entered into a Pre-annexation Agreement
with the City of Dubuque a copy of which is
attached hereto governing the future annexa-
tion of the Property; and
Whereas, the Property is not subject to an
existing annexation moratorium; and
Whereas, the Property does not include
any state or railroad property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
Dubuque County, Iowa and the extension of
city limits by voluntary annexation; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Dubuque, and will promote efficient and cost
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement
by and between Joseph A. and Enid E.
Wysocki and the City of Dubuque is hereby
approved.
Passed, approved and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Acceptance of Grant of Easement - M-
M&M, LLC: City Manager recommending ac-
ceptance of a Grant of Sanitary Sewer Force
Main Easement through, over and across
property owned by Phil Mihilakis of M-M&M
LLC at 468 East 12th Street. Upon motion the
documents were received and filed and Reso-
lution No. 278-15 Accepting a Grant of Ease-
ment for Sanitary Sewer Force Main Through,
Over And Across Part of Lot 501 and the East
404’ of Outlot 501, in the City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 278-15
ACCEPTING A GRANT OF EASEMENT FOR
SANITARY SEWER FORCE MAIN
THROUGH, OVER AND ACROSS PART OF
LOT 501 AND THE EAST 404’ OF OUTLOT
501, IN THE CITY OF DUBUQUE, IOWA
Whereas, M-M&M LLC have executed a
Permanent Easement for Sanitary Sewer
Force Main through, over and across Part of
Lot 501 and the East 404’ of Outlot 501 in the
City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Permanent
Easement for Sanitary Sewer Force Main
through, over and across Part of Lot 501 and
the East 404’ of Outlot 501, in the City of
Dubuque, Dubuque County, Iowa from M-
M&M LLC, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
Book 145 Regular Session, August 17, 2015 287
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. The City Clerk is hereby author-
ized to and directed to record this resolution
and easement with the Dubuque County Re-
corder.
Passed, approved and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Upper Bee Branch Creek Restoration
Project - 429 Rhomberg Stabilization Project:
City Manager recommending approval of a
resolution to correct the retainage amount for
the acceptance of the construction contract for
the 429 Rhomberg Building Stabilization Pro-
ject. Upon motion the documents were re-
ceived and filed and Resolution No. 279-15
Rescinding Resolution 219-15 and Accepting
the 429 Rhomberg Demolition and Building
Stabilization Project and Authorizing the Pay-
ment to the Contractor was adopted.
RESOLUTION NO. 279-15
RESCINDING RESOLUTION 219-15 AND
ACCEPTING THE 429 RHOMBERG DEMO-
LITION AND BUILDING STABILIZATION
PROJECT AND AUTHORIZING THE PAY-
MENT TO THE CONTRACTOR
Whereas, the public improvement contract
for the 429 Rhomberg Demolition and Building
Stabilization Project (the Project) has been
completed has been completed by the Con-
tractor, R&W Restoration (Contractor), the City
Engineer has examined the work and recom-
mends that the Project be accepted; and
Whereas, the City Council passed Resolu-
tion 219-15, dated July 6, 2015, approving the
acceptance of the public improvement contract
for the 429 Rhomberg Demolition and Building
Stabilization Project (the Project); and
Whereas, it has been determined that the
retainage amount in Resolution 219-15 was
incorrect and Resolution 219-15 should be
rescinded; and
Whereas, the final contract amount for the
Project is $177,208.00; and
Whereas, the Contractor has previously
been paid $176,388.00, leaving a balance of
$820.00; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. Resolution 219-15 is hereby re-
scinded.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $820.00 as provided in Io-
wa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Iowa Department of Transportation
(IDOT) Traffic Safety Improvement Grant -
Northwest Arterial and Pennsylvania Avenue
Right Turn Lane Improvement: City Manager
recommending approval of a resolution author-
izing the filing of an application with the Iowa
Department of Transportation for Traffic Safety
Improvement Program funding for the North-
west Arterial and Pennsylvania Avenue right
turn lane improvement. Upon motion the doc-
uments were received and filed and Resolution
No. 280-15 Authorizing the Filing of a Grant
Application With the Iowa Department of
Transportation for Traffic Safety Improvements
Funding for the City of Dubuque NW Arterial
and Pennsylvania Avenue Right Turn Lane
Improvement was adopted.
RESOLUTION NO. 280-15
AUTHORIZING THE FILING OF A GRANT
APPLICATION WITH THE IOWA DEPART-
MENT OF TRANSPORTATION FOR TRAF-
FIC SAFETY IMPROVEMENTS FUNDING
FOR THE CITY OF DUBUQUE NW ARTERI-
AL AND PENNSYLVANIA AVENUE RIGHT
TURN LANE IMPROVEMENT
Whereas, the increasing growth of traffic
volumes, along with operational and safety
concerns, at the intersection of NW Arterial
and Pennsylvania Avenue in the City of Dubu-
que could be improved by adding a westbound
right turn lane; and
Whereas, the City of Dubuque has deter-
mined that improvements to this intersection,
as recommended by the Iowa Department of
Transportation office of Traffic Safety, will im-
prove traffic flow; and
Whereas, the City of Dubuque is seeking
the necessary funding for project implementa-
tion, and upon completion, in cooperation with
the Iowa Department of Transportation, be
responsible for adequately maintaining and
operating the project for public use during the
project’s useful life.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City files this grant applica-
tion for funds through the Traffic Safety Im-
provement Program to fund NW Arterial and
288 Regular Session, August 17, 2015 Book 145
Pennsylvania Avenue right turn lane improve-
ment.
Passed, approved and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Childhood Lead Poisoning Prevention
Programs Contracts: City Manager recom-
mending approval of a contract with the Dubu-
que County Board of Health and the Iowa De-
partment of Public Health for continued fund-
ing of the Childhood Lead Poisoning Preven-
tion Program, a renewed agreement with the
Visiting Nurse Association for services related
to the Childhood Lead Poisoning Prevention
Program and Health Homes Program, and an
agreement with the Iowa Department of Public
Health for data sharing. Upon motion the doc-
uments were received, filed and approved.
18. Halle Properties LLC – Grant of Sani-
tary Sewer, Sidewalk and Storm Sewer Ease-
ment: City Manager recommending ac-
ceptance of the Grant of Sanitary Sewer and
Sidewalk Easement and Grant of Storm Sewer
Easement from Halle Properties LLC for exist-
ing utilities across their property on John F.
Kennedy Road (formerly the Long John Sil-
ver’s restaurant site). Upon motion the docu-
ments were received and filed and Resolution
No. 281-15A Accepting a Grant of Easement
for Storm Sewer Over and Across Lot 2 of Lot
2 of Lot 2 of the W ½ of the NW ¼ of Section
27; and Lot 2 of Lot 1 of Lot 2 of the NE ¼ of
the NE ¼ of Section 28, All in Township 89
North, Range 2 East of the 5th P.M., in the
City of Dubuque, Iowa; and Resolution No.
281-15B Accepting a Grant of Easement for
sanitary sewer and sidewalk over and across
Lot 2 of Lot 2 of Lot 2 of the W ½ of the NW ¼
of Section 27; and Lot 2 of Lot 1 of Lot 2 of the
NE ¼ of the NE ¼ of Section 28, all in Town-
ship 89 North, Range 2 East of the 5th P.M., in
the City of Dubuque, Iowa were adopted.
RESOLUTION NO. 281-15A
ACCEPTING A GRANT OF EASEMENT FOR
STORM SEWER OVER AND ACROSS LOT 2
OF LOT 2 OF LOT 2 OF THE W ½ OF THE
NW ¼ OF SECTION 27; AND LOT 2 OF LOT
1 OF LOT 2 OF THE NE ¼ OF THE NE ¼ OF
SECTION 28, ALL IN TOWNSHIP 89 NORTH,
RANGE 2 EAST OF THE 5TH P.M., IN THE
CITY OF DUBUQUE, IOWA
Whereas, Halle Properties LLC and the
City of Dubuque wish to set forth terms for the
construction, maintenance, and replacement of
site improvements over an existing public utili-
ties located in Lot 2 of Lot 2 of Lot 2 of the W
½ of the NW ¼ of Section 27; and Lot 2 of Lot
1 of Lot 2 of the NE ¼ of the NE ¼ of Section
28, all in Township 89 North, Range 2 East of
the 5th P.M., in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, Halle Properties LLC have exe-
cuted an Easement for Storm Sewer through,
over and across Lot 2 of Lot 2 of Lot 2 of the
W ½ of the NW ¼ of Section 27; and Lot 2 of
Lot 1 of Lot 2 of the NE ¼ of the NE ¼ of Sec-
tion 28, all in Township 89 North, Range 2
East of the 5th P.M., in the City of Dubuque,
Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Easement for
Storm Sewer through, over and across Lot 2 of
Lot 2 of Lot 2 of the W ½ of the NW ¼ of Sec-
tion 27; and Lot 2 of Lot 1 of Lot 2 of the NE ¼
of the NE ¼ of Section 28, all in Township 89
North, Range 2 East of the 5th P.M., in the
City of Dubuque, Dubuque County, Iowa from
Halle Properties LLC, a copy of which is at-
tached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Passed, approved and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 281-15B
ACCEPTING A GRANT OF EASEMENT FOR
SANITARY SEWER AND SIDEWALK OVER
AND ACROSS LOT 2 OF LOT 2 OF LOT 2
OF THE W ½ OF THE NW ¼ OF SECTION
27; AND LOT 2 OF LOT 1 OF LOT 2 OF THE
NE ¼ OF THE NE ¼ OF SECTION 28, ALL IN
TOWNSHIP 89 NORTH, RANGE 2 EAST OF
THE 5TH P.M., IN THE CITY OF DUBUQUE,
IOWA
Whereas, Halle Properties LLC and the
City of Dubuque wish to set forth terms for the
construction, maintenance, and replacement of
site improvements over an existing public utili-
ties located in Lot 2 of Lot 2 of Lot 2 of the W
½ of the NW ¼ of Section 27; and Lot 2 of Lot
1 of Lot 2 of the NE ¼ of the NE ¼ of Section
28, all in Township 89 North, Range 2 East of
the 5th P.M., in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, Halle Properties LLC have exe-
cuted an Easement for Sanitary Sewer and
Sidewalk through, over and across Lot 2 of Lot
2 of Lot 2 of the W ½ of the NW ¼ of Section
27; and Lot 2 of Lot 1 of Lot 2 of the NE ¼ of
the NE ¼ of Section 28, all in Township 89
North, Range 2 East of the 5th P.M., in the
City of Dubuque, Dubuque County, Iowa.
Book 145 Regular Session, August 17, 2015 289
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Easement for
Sanitary Sewer and Sidewalk through, over
and across Lot 2 of Lot 2 of Lot 2 of the W ½
of the NW ¼ of Section 27; and Lot 2 of Lot 1
of Lot 2 of the NE ¼ of the NE ¼ of Section
28, all in Township 89 North, Range 2 East of
the 5th P.M., in the City of Dubuque, Dubuque
County, Iowa from Halle Properties LLC, a
copy of which is attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Passed, approved and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Public, Educational, and Government
(PEG) Capital Expenditure Request - Dubuque
Community Schools District: City Manager
recommending approval of the Cable TV
Commission recommendation for funding from
the Public, Educational, and Government
(PEG) Capital Grant for Access Equipment
and Facilities for Dubuque Community Schools
for a variety of production equipment, including
a camcorder, tripod, portable lighting system,
microphones and a teleprompter system to be
used to produce programming for its educa-
tional access channel. Upon motion the docu-
ments were received, filed and approved.
20. Grand River Center Digital Display Re-
placement: City Manager recommending re-
placement of 35 digital displays at the Grand
River Center, subject to a future budget
amendment. Upon motion the documents were
received, filed and approved.
21. Tobacco Compliance – Civil Penalty for
Tobacco License Holder – Family Mart: City
Manager recommending approval of the
Acknowledgement/Settlement Agreement for a
tobacco compliance violation for Family Mart,
3201 Central Avenue. Upon motion the docu-
ments were received, filed and approved.
22. Tobacco Compliance – Civil Penalty for
Tobacco License Holder – Ron's Discount
Smokes & Beverage Center #1: City Manager
recommending approval of the Acknowledge-
ment/Settlement Agreement for a tobacco
compliance violation for Ron's Discount
Smokes & Beverage Center #1, 3300 Asbury
Road. Upon motion the documents were re-
ceived, filed and approved.
23. Alcohol Compliance Civil Penalty for
Alcohol License Holder – Family Mart: City
Manager recommending approval of the Ac-
knowledgment/Settlement Agreement of an
alcohol compliance violation for Family Mart,
3201 Central Avenue. Upon motion the docu-
ments were received, filed and approved.
24. Alcohol Compliance Civil Penalty for
Alcohol License Holder – Ron's Discount
Smokes & Beverage Center #1: City Manager
recommending approval of the Acknowledg-
ment/Settlement Agreement for an alcohol
compliance violation for Ron's Discount
Smokes & Beverage Center #1, 3300 Asbury
Road. Upon motion the documents were re-
ceived, filed and approved.
25. Alcohol License Renewals: City Man-
ager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon
motion the documents were received and filed
and Resolution No. 282-15 Approving applica-
tions for beer, liquor, and/or wine permits, as
required by City of Dubuque Code of Ordi-
nances Title 4 Business and License Regula-
tions, Chapter 2 Liquor Control, Article B Liq-
uor, Beer and Wine Licenses and Permits was
adopted.
RESOLUTION NO. 282-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Chances R, 1046 Central Ave., Class C Liquor
(Outdoor) (Sunday)
Courtside Sports Bar & Grill, 2095 Holliday Dr.,
Class C Liquor (Outdoor) (Sunday)
Dubuque Quick Stop Mart , 1401 Central Ave.,
Class B Beer (Sunday)
290 Regular Session, August 17, 2015 Book 145
Murph's Tap, 55 Locust St., Class C Liquor
(Sunday)
Mystique Community Ice Center, 1800 Admiral
Sheehey Dr., Class C Liquor, Class B Na-
tive Wine, (Outdoor) (Sunday)
Ron's Discount Smokes & Beverage Center,
3300 Asbury Rd., Class C Beer, Class B
Native Wine (Sunday)
Sid's Beverage Store, 2727 Dodge St., Class
E Liquor, Class B Wine, Class C Beer
(Sunday)
Super Stop III, 1101 Rhomberg Ave., Class E
Liquor, Class B Wine, Class C Beer (Sun-
day)
Texas Roadhouse, 845 Wacker Dr., Class C
Liquor (Catering) (Outdoor) (Sunday)
Premise Updates
Stone Cliff Winery 9-12, 600 Star Brewery Dr.,
Temporarily removing amphitheater area
Special Events
Gin Rickeys 8-29, 2700 Northview Dr., Class B
Beer (Outdoor)
Four Mounds 9-10, 4900 Peru Rd., Special
Class C Liquor (Outdoor) (Sunday)
Katherine Dietzel 9-12, 600 Star Brewery Dr.,
Class C Liquor (Outdoor)
Passed, approved and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 7-0.
1. Upper Bee Branch Creek Restoration
Project, Upper Bee Branch Creek Mississippi
River Trail (MRT), Iowa DOT Project No. SB-
IA-2100(675)--7T-31: City Manager recom-
mending approval of the preliminary plans,
specifications, form of contract for the Upper
Bee Branch Creek Mississippi River Trail Pro-
ject and setting September 8, 2015 as the date
of public hearing. Upon motion the documents
were received and filed and Resolution No.
283-15 Upper Bee Branch Creek Mississippi
River Trail (MRT) Iowa DOT Project No. SB-
IA-2100(675)—7T-31 Preliminary approval of
plans, specifications, form of contract, and
estimated cost; setting date of public hearing
on plans, specifications, form of contract, and
estimated cost was adopted setting a public
hearing for a meeting to commence at 6:30
p.m. on September 8, 2015 in the Historic
Federal Building.
RESOLUTION NO. 283-15
UPPER BEE BRANCH CREEK MISSISSIPPI
RIVER TRAIL (MRT) IOWA DOT PROJECT
NO. SB-IA-2100(675)—7T-31 PRELIMINARY
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST; SETTING DATE OF PUBLIC HEAR-
ING ON PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATED COST
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The proposed plans, specifica-
tions, form of contract and estimated cost for
the Upper Bee Branch Creek Mississippi River
Trail (MRT), Iowa DOT Project No. SB-IA-
2100(675)—7T-31, in the estimated amount of
$2,125,776.00, are hereby preliminarily ap-
proved and ordered filed in the office of the
City Clerk for public inspection.
Section 2. A public hearing will be held on
the 8th day of September, 2015, at 6:30 p.m.
in the Historic Federal Building Council Cham-
bers (second floor), 350 West 6th Street,
Dubuque, Iowa at which time interested per-
sons 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 esti-
mated cost of the Project.
Passed, approved and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Review of applications for the following
Boards/Commission. Applicants were invited
to address the City Council regarding their
appointment.
1. Arts and Cultural Affairs Advisory Com-
mission: One, 3-year term through June 30,
2018 (Vacant term of Henkels). Applicant: Mat-
thew Gregory, 1560 Iowa St. Unit 3 (Qualifies
for Business Professional in the cultural and
entertainment district). Mr. Gregory spoke in
support of his appointment.
2. Housing Trust Fund Advisory Commit-
tee: One, 3 year term through August 17, 2018
(Vacant term of Holz) Applicant: Jim Holz,
3010 Indiana Court.
Book 145 Regular Session, August 17, 2015 291
3. Human Right Commission: One, 3-year
term through January 1, 2016 (Vacant term of
Lenhart). Applicants: Sarah Fisher, 3045
Kaufmann; R.R.S. Stewart, 460 Summit St.
Ms. Fisher spoke in support of her appoint-
ment.
Appointments were made to the following
Commissions.
4. Cable Television Commission: One 3-
year term through July 1, 2017 (Vacant term of
Stevens). One 3-year term through July 1,
2018 (Expired term of Hoverman). Applicants:
Mark Dolson, 54 Alpine St.; Sr. Carol Hover-
man, 1555 White St. Apt 1 (additional appli-
cant). Upon roll-call vote (Braig, Lynch, Jones,
Buol), Sr. Hoverman was appointed to the
remainder of a 3-year term through July 1,
2017. Motion by Braig to appoint Mark Dolson
to a 3-year term through July 1, 2018. Se-
conded by Resnick. Motion carried 7-0.
5. Long Range Planning Advisory Com-
mission: One 3-year term through July 1, 2017
(Vacant term of Beytien). Applicant: Mark Dol-
son, 54 Alpine St. Motion by Braig to appoint
Mark Dolson to the remainder of a 3-year term
through July 1, 2017. Seconded by Connors.
Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the following items.
1. Burlington Trailways Lease Agreement:
Proof of publication on notice of public hearing
to approve a lease agreement with Burlington
Trailways at the Intermodal Transit Facility and
the City Manager recommending approval.
Motion by Lynch to receive and file the docu-
ments and adopt Resolution No. 284-15 Dis-
posing of an interest in real property by ease-
ment to Burlington Stage Lines, LTD. Second-
ed by Jones. Motion carried 7-0.
RESOLUTION NO. 284-15
DISPOSING OF AN INTEREST IN REAL
PROPERTY BY EASEMENT TO BURLING-
TON STAGE LINES, LTD
Whereas, the City of Dubuque, Iowa (City)
is the owner of real property shown on Exhibit
A attached hereto (the Property); and
Whereas, City and Burlington Stage Lines
LTD (Burlington) have entered into an Agree-
ment pursuant to which City will lease the
Property to Burlington; and
Whereas, on August 17, 2015, the City
Council pursuant to notice published as re-
quired by law held a public hearing on its intent
to dispose of the foregoing interest in the
Property and overruled all objections thereto;
and
Whereas, the City Council finds that it is in
the best interest of the City to approve the
disposition of such interest in the 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 approves the disposition of the City’s
interest in the foregoing-described Property by
Lease Agreement to Burlington.
Section 2. The Mayor is hereby authorized
and directed to sign this Resolution and the
Lease Agreement.
Passed, approved and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Rezoning Request - 900 Seippel Road:
Proof of publication on notice of public hearing
to consider a request by JLD Investments, LLC
to modify the zoning condition applied to the
property located at 900 Seippel Road regard-
ing fencing and the City Manager recommend-
ing approval. Motion by Jones to receive and
file the documents and that the requirement
that a proposed ordinance be considered and
voted on for passage at two Council meetings
prior to the meeting at which it is to be passed
be suspended. Seconded by Resnick. Plan-
ning Services Manager Laura Carstens pro-
vided a staff report. Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 52-15 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by Re-
classifying Hereinafter Described Property
Located at 900 Seippel Road from CSc Com-
mercial Service and Wholesale District with
Conditions to CSc Commercial Service and
Wholesale District with Conditions as Estab-
lished in the Attached Memorandum of
Agreement. Seconded by Resnick. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 52-15
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 900 SEIPPEL
ROAD FROM CSc COMMERCIAL SERVICE
AND WHOLESALE DISTRICT WITH CONDI-
TIONS TO CSc COMMERCIAL SERVICE
AND WHOLESALE DISTRICT WITH CONDI-
TIONS AS ESTABLISHED IN THE AT-
TACHED MEMORANDUM OF AGREEMENT
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
292 Regular Session, August 17, 2015 Book 145
opment Code, is hereby amended by reclassi-
fying the hereinafter described property from
CSc Commercial Service and Wholesale Dis-
trict with conditions to CSc Commercial Ser-
vice and Wholesale District with conditions, to
wit:
Lot 1 Seippel Road Commercial Park
#4, and to the centerline of the adjoin-
ing public right-of-way, all in the City of
Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 17th
day of August, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 21st day of August, 2015.
/s/Kevin S. Firnstahl, City Clerk
ACCEPTANCE OF ORDINANCE NO. 52-15
I, Joe Delaney, representing JLD Invest-
ments, LLC, property owner, having read the
terms and conditions of the foregoing Ordi-
nance No. 52-15 and being familiar with the
conditions thereof, hereby accept this same
and agree to the conditions required therein.
Dated in Dubuque, Iowa this 13th day of Ju-
ly, 2015.
/s/Joe Delaney
3. Sale of Property - Weaver Castle, LLC /
396 W. Locust Street: Proof of publication on
the sale of 396 W. Locust Street to Weaver
Castle, LLC and the City Manager recom-
mending approval. Motion by Connors to re-
ceive and file the documents and adopt Reso-
lution No. 285-15 Attaching Single Family Res-
idence Restrictive Covenant, Whether Owner
Occupied or Single Family Rental, to 396 W.
Locust Street, Dubuque, IA; and Resolution
No. 286-15 Disposing of City Interest in Real
Property Located at 396 W. Locust Street, in
the City of Dubuque, Iowa. Seconded by
Jones. Motion carried 7-0.
RESOLUTION NO. 285-15
ATTACHING SINGLE FAMILY RESIDENCE
RESTRICTIVE COVENANT, WHETHER
OWNER OCCUPIED OR SINGLE FAMILY
RENTAL, TO 396 W. LOCUST STREET,
DUBUQUE, IA
Whereas, The City desires to attach re-
strictive covenants to 396 W. Locust Street
prior to disposal of said property; and
Whereas, said property will be disposed of
by the City and the City desires said property
to remain a single family residence either
owner-occupied or rental for 21-years.
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 approves the restrictive covenants
for 396 W. Locust Street, legally described as:
Lot 1 of the Subdivision of Lot 15 in
D.N. Cooley’s Subdivision of part of
Out Lots 667, 668 and 669 to Dubuque,
in the City of Dubuque, Iowa according
to the recorded Plat thereof.
Section 2. The Mayor is hereby authorized
and directed to sign this Resolution and the
Restrictive Covenant for the above described
real estate.
Section 3. The City is Clerk is hereby au-
thorized and directed to provide a certified
copy of this Resolution to the City Attorney’s
Office for recording in the Office of the Dubu-
que County Recorder.
Passed, approved and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 286-15
DISPOSING OF CITY INTEREST IN REAL
PROPERTY LOCATED AT 396 W. LOCUST
STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution
No.265-15, dated August 3, 2015, declared its
intent to dispose of City interest in real proper-
ty located at 396 W. Locust Street, legally de-
scribed as:
Lot 1 of the Subdivision of Lot 15 in
D.N. Cooley’s Subdivision of part of
Out Lots 667, 668 and 669 to Dubuque,
in the City of Dubuque, Iowa according
to the recorded Plat thereof.
(the Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on August 17, 2015 at 6:30 p.m. in the
Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa; and
Whereas, it is the determination of the City
Council that approval of the purchase agree-
ment for the sale to Weaver Castle, LLC ac-
cording to the terms and conditions set out in
the purchase agreement is in the public inter-
est of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. The purchase agreement by and
between the City of Dubuque and Weaver
Castle, LLC for the sale of the Property, a copy
attached hereto, is hereby approved.
Section 2. The Mayor and City Clerk are
hereby authorized and directed to execute and
deliver a Special Warranty Deed, conveying
Book 145 Regular Session, August 17, 2015 293
the City’s interest in the Property to Weaver
Castle, LLC.
Section 3. That the City Clerk is hereby au-
thorized and directed to cause said Special
Warranty Deed to be recorded in the Office of
the Dubuque County Recorder, together with a
certified copy of the Resolution.
Passed, approved, and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Arts and Culture Master Plan Update:
Verbal Update from Arts and Culture Master
Plan Consultants Brad King and Priya Sicar of
Lord Cultural Resources. Motion by Connors
to receive and file the information and listen to
the report. Seconded by Jones. Motion carried
7-0. Arts and Cultural Affairs Coordinator
Debra Alleyne introduced Brad King and Priya
Sicar of Lord Cultural Resources who reported
on Phase Two of the three-phase plan regard-
ing public engagement and described the sur-
vey and workshops scheduled for arts part-
ners, stakeholders, targeted groups and citi-
zens and what types of media are being used
to distribute the information and survey.
2. Text Amendment - Residential Free-
standing Solar Arrays (3nd Reading): Request
by the City of Dubuque to amend the Unified
Development Code to establish procedures for
the review of new freestanding solar arrays
and the Zoning Advisory Commission recom-
mending approval. Motion by Jones to consid-
er the final reading and adoption of Ordinance
No. 54-15 Amending Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code, by Amending Articles 16-5-2-2
(R-1), 16-5-3-2 (R-2) 16-5-4.3 (R-2A), 16-5-5.3
(R-3) and 16-5-6.3 (R-4), 16-5-7.3 (OR) and
16-5-9.3 (OC) to establish maximum area and
height requirements for residential freestand-
ing solar arrays. Seconded by Resnick. Motion
carried 5-2 with Lynch and Connors voting
nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 54-15
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY AMEND-
ING ARTICLES 16-5-2-2 (R-1), 16-5-3-2 (R-2)
16-5-4.3(R-2A), 16-5-5.3(R-3) AND 16-5-6.3
(R-4), 16-5-7.3 (OR) AND 16-5-9.3(OC) TO
ESTABLISH MAXIMUM AREA AND HEIGHT
REQUIREMENTS FOR RESIDENTIAL
FREESTANDING SOLAR ARRAYS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code Articles 16-5-2.3 (R-1), 16-5-3.3
(R-2), 16-5-4.3 (R-2A), 16-5-5.3 (R-3), 16-5-
6.3 (R-4), 16-5-7.3 (OR) and 16-5-9.3 (OC) are
hereby amended as follows:
5-2.3, 5-3.3, 5-4.3, 5-5.3, 5-6.3, 5-7.3,
5-9.3 Accessory Uses Solar Collector
(freestanding array[s] are limited to
not more than 100 aggregate square
feet and 10 feet in height).
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 17th
day of August, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 7th day of August, 2015.
/s/Kevin S. Firnstahl, CMC, City Clerk
3. Catfish Creek Watershed Management
Plan: City Manager recommending adoption of
the Catfish Creek Watershed Management
Plan as a policy document to be considered
when establishing and updating City regula-
tions, policies and programs that reduce flood
risk, improve water quality, and educate peo-
ple about watershed stewardship. Motion by
Connors to receive and file the documents and
adopt Resolution No. 287-15 Adopting Catfish
Creek Watershed Management Plan. Second-
ed by Jones. Motion carried 7-0.
RESOLUTION NO. 287-15
ADOPTING CATFISH CREEK WATERSHED
MANAGEMENT PLAN
Whereas, the City of Dubuque was award-
ed a Community Development Block Grant
(CDGB) distributed through the Iowa Econom-
ic Development Authority (IEDA) for the pur-
pose of creating a Catfish Creek Watershed
Management Plan; and
Whereas, the planning process to create
the Plan was guided by the Catfish Creek Wa-
tershed Management Authority, which included
City representation; and
Whereas, the Catfish Creek Watershed
Management Authority met throughout the
process to review the draft Plan and to provide
input on plan language, goals and objectives,
and implementation strategies; and
Whereas, the Catfish Creek Watershed
Management Authority meetings were open to
294 Regular Session, August 17, 2015 Book 145
the public, and public input meetings also were
held to gather input on the Plan.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby
adopts the Catfish Creek Watershed Man-
agement Plan as a policy document to be con-
sidered when updating City regulations, polic-
es, and programs that reduce flood risk, im-
prove water quality, and educate people about
watershed stewardship.
Passed, approved and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. State of Iowa Water Resource Restora-
tion Sponsored Project Program Funding
Agreement - Catfish Creek Watershed Authori-
ty Board: City Manager recommending author-
ization for the Mayor to execute the Agreement
with the Catfish Creek Watershed Authority for
the purpose of expending funds in State of
Iowa Water Resource Restoration Sponsored
Project program funding approved for im-
provements within the Catfish Creek Water-
shed in accordance with the Catfish Creek
Watershed Management. Motion by Connors
to receive and file the documents and adopt
Resolution No. 288-15 Approving the Agree-
ment between the Catfish Creek Watershed
Authority and the City of Dubuque, Iowa for
SRF Water Resource Restoration Project.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 288-15
APPROVING THE AGREEMENT BETWEEN
THE CATFISH CREEK WATERSHED AU-
THORITY AND THE CITY OF DUBUQUE,
IOWA FOR SRF WATER RESOURCE RES-
TORATION PROJECTS
Whereas, Iowa Code section 384.82 au-
thorizes a city to carry out projects, borrow
money, and issue revenue bonds and pledge
orders to pay all or part of the cost of projects,
which may include a qualified water resource
restoration project, such revenue bonds and
pledge orders to be payable solely and only
out of the net revenues of the city utility, com-
bined utility system, city enterprise, or com-
bined city enterprise involved in the project;
and
Whereas, Iowa Code section 384.80(15)
provides that a water resource restoration pro-
ject means the acquisition of real property or
improvements or other activity or undertaking
that will assist in improving the quality of the
water in the watershed where a city water or
wastewater utility is located; and
Whereas, Iowa Code section 384.84 pro-
vides that the governing body of a city water or
wastewater utility may enter into an agreement
with a qualified entity to use proceeds from
revenue bonds for a water resource restoration
project if the rate imposed is no greater than if
there was not a water resource restoration
project agreement; and
Whereas, City of Dubuque (City) and the
Catfish Creek Watershed Authority (CCWA)
are qualified entities to enter into an agree-
ment pursuant to Iowa Code chapter 28E to
undertake water resource restoration project
that have been approved for water quality im-
provements in the watershed where City’s
water or wastewater utility is located; and
Whereas, entering into an agreement with
the (CCWA) in order to carry out water re-
source restoration projects in the Catfish
Creek watershed is in the best interest of the
City.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
The Mayor is authorized to execute the at-
tached SRF Water Resource Restoration Pro-
jects Agreement with the Catfish Creek Water-
shed Authority.
Passed, approved and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Skate Park Evaluation and Conceptual
Design Consultant Selection: City Manager
recommending approval of the selection of
Pillar Design Studios as the consultant for the
Skate Park Evaluation and Conceptual Design
Project. Motion by Connors to receive and file
the documents and approve the recommenda-
tion. Seconded by Jones. Motion carried 7-0.
6. SRF Green Alley Project Bid Set 3 -
Year 3 Award: City Manager recommending
award of the construction contract to the low
bidder Portzen Construction, Inc. Motion by
Braig to receive and file the documents and
adopt Resolution No. 289-15 Awarding Public
Improvement Contract for the SRF Green Alley
Bid Set 3 – Year 3 Project. Seconded by Con-
nors. Motion carried 7-0.
RESOLUTION NO. 289-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE SRF GREEN ALLEY BID
SET 3 – YEAR 3 PROJECT
Whereas, sealed proposals have been
submitted by contractors for the SRF Green
Alley Bid Set 3 – Year 3 Project (the Project)
pursuant to Resolution No. 231-15 and Notice
to Bidders published in a newspaper published
in the City of Dubuque, Iowa on the 10th day of
July, 2015; and
Whereas, said sealed proposals were
opened and read on the 6th day of August,
2015, and it has been determined that Portzen
Book 145 Regular Session, August 17, 2015 295
Construction, Inc. of Dubuque, Iowa with a bid
in the amount of $1,139,598.75, 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 Portzen Con-
struction, Inc. and the City Manager is hereby
directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for
the Project.
Passed, approved and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Iowa 32 Hike-Bike Trail Phase 4 and 5
Project Award: City Manager recommending
the award of the construction contract to the
low bidder, Drew Cook & Sons Excavating
Co., Inc. Motion by Lynch to receive and file
the documents and adopt Resolution No. 290-
15 Awarding Public Improvement Contract for
the Iowa 32 Hike-Bike Trail - Phase 4 & 5 Pro-
ject. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 290-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE IOWA 32 HIKE-BIKE
TRAIL - PHASE 4 & 5 PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Iowa 32 Hike-
Bike Trail - Phase 4 & 5 Project (the Project)
pursuant to Resolution No. 252-15 and Notice
to Bidders published in a newspaper published
in the City of Dubuque, Iowa on the 20th day of
July, 2015; and
Whereas, said sealed proposals were
opened and read on the 6th day of August,
2015, and it has been determined that Drew
Cook & Son’s Excavating, Co., Inc. of Dubu-
que, Iowa with a bid in the amount of
$273,465.10, is the lowest responsive, re-
sponsible 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 Improve-
ment Contract on behalf of the City of Dubu-
que for the Project.
Passed, approved and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Bee Branch Creek Restoration Project
Property Acquisition - 2450 Washington St.
and 2442 - 2446 Washington St.: City Manag-
er recommending acquisition of 2450 Wash-
ington Street and 2442 - 2446 Washington
Street for the Bee Branch Creek Restoration
Project and for expansion of Comiskey Park.
Motion by Connors to receive and file the doc-
uments and adopt Resolution No. 291-15 Ap-
proving the Acquisition of Real Estate Owned
by Patricia S. Chamberlain, in the City of
Dubuque. Seconded by Jones. Motion carried
7-0.
RESOLUTION NO. 291-15
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY PATRICIA M. CHAM-
BERLAIN, IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to
acquire certain real estate as necessary for the
Bee Branch Creek Restoration Project (the
Project) for stormwater mitigation activities as
recommended in the 2001 “Drainage Basin
Master Plan”; and
Whereas, this certain real estate is not cur-
rently part of or located within the Bee Branch
Creek Restoration Project; and
Whereas, Ms. Patricia M. Chamberlain (the
Owner) of this certain real estate has voluntari-
ly agreed to sell to the City of Dubuque the
certain real estate legally described as follows
(the Property):
North ½ of Lot 19 O.S. Langworthy’s
Addition, in the City of Dubuque, Iowa
South ½ of Lot 19 O.S. Langworthy’s
Addition, in the City of Dubuque, Iowa
South ½ of Lot 18 O.S. Langworthy’s
Addition, in the City of Dubuque, Iowa
Whereas, the Bee Branch Creek project
corridor allows for very limited space for the
multiple construction contractors to store mate-
rials and equipment, maneuver equipment,
and actual construct the improvements as out-
lined in the plans; and
Whereas, the construction contractors are
currently competing with local residents for off-
street parking spaces and the demand for real
estate will increase as the work moves to-
wards E. 24th Street; and
Whereas, acquiring the Property will result
in more space available to the contractors and
allow the public and area residents more use
of area streets; and
Whereas, following the construction of the
Bee Branch Creek project, the Properties can
be utilized to expand the limits and the function
of Comiskey Park; and
Whereas, the acquisition of this real estate
is a voluntarily negotiated purchase by the City
of Dubuque under Section 6B.1A of the Code
of Iowa, and is not an acquisition by the City of
Dubuque through its exercise of the power of
eminent domain under Chapter 6B of the Code
of Iowa; and
Whereas, the Owner has agreed to sell her
two properties, a duplex at 2442-2446 Wash-
ington and a single family home at 2450
296 Regular Session, August 17, 2015 Book 145
Washington Street for a total cost of
$210,000.00 and has agreed to rent replace-
ment properties to her current tenants at their
current rent for 42 months; and
Whereas, the $210,000.00 cost for the City
to acquire the Owner’s property corresponds
to the costs the City would incur if the proper-
ties were acquired through the eminent do-
main process; and
Whereas, purchase agreements have been
finalized with the owner of the real estate
scheduled for acquisition and Acknowledg-
ments of Voluntary Negotiation have been
executed by the Owner; and
Whereas, it is in the best interest of the
City to acquire the Properties, subject to re-
view of the updated abstracts and title opinions
by the City Attorney’s Office.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City
of Dubuque, Iowa hereby approves the Offer
to Buy Real Estate and Acceptance attached
hereto subject to review of the updated ab-
stracts and title opinions by the City Attorney’s
Office.
Section 2. That the City of Dubuque be and
is hereby authorized to accept a Warranty
Deed from the owner, conveying the owner’s
interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 3. That the City Clerk be and is
hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of
the Dubuque County Recorder, together with a
certified copy of this Resolution.
Passed, approved and adopted this 17th
day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Code of Ordinances Amendment - Title
16 Zoning Board of Adjustment: City Manager
recommending approval of an ordinance which
adds a new Section 16-8-1 which establishes
the Zoning Board of Adjustment and provides
for the powers, operation, membership and
meetings. Motion by Jones to receive and file
the documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Connors. Motion
carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 53-15 Amending
City of Dubuque Code of Ordinances Title 16
Unified Development Code, Chapter 8 Zoning
Board of Adjustment Applications by Repeal-
ing Section 16-8-1 Zoning Board of Adjustment
and Adopting a New Section 16-8-1 Zoning
Board of Adjustment in Lieu Thereof Establish-
ing the Zoning Board of Adjustment, Providing
for the Powers, Operation, Membership, and
Meetings. Seconded by Connors. Motion car-
ried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 53-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 16 UNIFIED DEVEL-
OPMENT CODE, CHAPTER 8 ZONING
BOARD OF ADJUSTMENT APPLICATIONS
BY REPEALING SECTION 16-8-1 ZONING
BOARD OF ADJUSTMENT AND ADOPTING
A NEW SECTION 16-8-1 ZONING BOARD
OF ADJUSTMENT IN LIEU THEREOF ES-
TABLISHING THE ZONING BOARD OF AD-
JUSTMENT, PROVIDING FOR THE POW-
ERS, OPERATION, MEMBERSHIP, AND
MEETINGS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 16-8-1 of the City of
Dubuque Code of Ordinances is hereby re-
leased and the following adopted in lieu there-
of:
16-8-1: ZONING BOARD OF ADJUST-
MENT:
A. Board Created. There is hereby cre-
ated the Zoning Board of Adjustment.
B. Purpose: The purpose of the board
is to review applications regarding crite-
ria for granting of special exceptions,
conditional use permits, or variances;
to decide citizens’ appeals of orders,
requirements, decisions, or determina-
tions made by Planning Services staff;
and to hear cases given by applicants
and decide whether the request should
be granted based on the criteria set
forth in the Zoning Ordinance.
C. Internal Organization and Rules:
The board may adopt rules and regula-
tions to govern its organizational pro-
cedures as may be necessary and
which are not in conflict with this Code
of Ordinances or the Iowa Code.
D. Procedures for Operation: All admin-
istrative, personnel, accounting, budg-
etary, and procurement policies of the
city govern the board in all its opera-
tions.
E. Membership:
1. The board comprises five (5) res-
idents of the city, appointed by the
city council.
2. Residents must be eighteen (18)
years of age or older.
3. Two (2) members from the board
must be appointed as cross-
representatives to the Airport Zon-
ing Board of Adjustment, with city
council approval.
Book 145 Regular Session, August 17, 2015 297
4. A majority of the members of the
board must be persons represent-
ing the public at-large and must not
be involved in the business of pur-
chasing or selling real estate.
5. Membership on the board must
comply with the provisions of Iowa
Code §69.16A, relating to gender
balance. No person can be ap-
pointed or reappointed to the board
if that appointment or reappoint-
ment would cause the number of
members of one gender to be
greater than one-half (½) of the
membership of the board plus one
(1). If the city has made a good faith
effort to appoint a qualified person
to fill a vacancy on the board for a
period of three (3) months but has
been unable to make a compliant
appointment, the city must utilize a
fair and unbiased method of select-
ing the best qualified applicants.
F. Oath: Each person, upon appoint-
ment or reappointment to the board,
must execute an oath of office at the
first meeting of the board following the
appointment or reappointment or at the
city clerk’s office any time prior to the
first meeting of the board.
G. Terms. The term of office for mem-
bers of the board is five (5) years or un-
til such member’s successor is ap-
pointed and qualified. The terms of the
cross-representative appointees to the
Airport Zoning Board of Adjustment
must serve a term on the Airport Zon-
ing Board of Adjustment which coin-
cides with their terms on the Zoning
Board of Adjustment.
H. Vacancies: Vacancies must be filled
in the same manner as original ap-
pointments.
I. Officers/Organization: The board
must choose annually a chairperson
and vice-chairperson, each to serve a
term of one (1) year. The chairperson
must appoint a secretary, who need not
be a member of the board. The board
must fill a vacancy among its officers
for the remainder of the officer’s unex-
pired term.
J. Meetings.
1. Regular Meetings. The board
must meet monthly.
2. Special Meetings. Special meet-
ings may be called by the chairper-
son or at the written request of a
majority of the members.
3. Open Meetings. All meetings
must be called and held in con-
formance with the Iowa Open Meet-
ings Law.
4. Attendance.
a. In the event a member of the
board has been absent for three
(3) or more consecutive meet-
ings of the board, without being
excused by the chairperson,
such absence will be grounds
for the board to recommend to
the city council that the position
be declared vacant and a re-
placement appointed.
b. Attendance must be entered
upon the minutes of all meet-
ings.
5. Minutes. A copy of the minutes of
all regular and special meetings of
the board must be filed with the city
council within ten (10) working days
after each meeting, or by the next
regularly scheduled city council
meeting, whichever is later.
6. Quorum. The concurring vote of
three (3) members of the board is
necessary to reverse any order, re-
quirement, decision, or determina-
tion of any such administrative offi-
cial, or to decide in favor of the ap-
plicant on any matter upon which it
is required to pass under any such
ordinance or to effect any variation
in such ordinance.
K. Compensation: Members serve
without compensation, provided that
they may receive reimbursement for
necessary travel and other expenses
while on official board business within
the limits established in the city admin-
istrative policies and budget.
L. Removal: The city council may re-
move any member for cause upon writ-
ten charges and after a public hearing.
M. Powers: The board has the following
powers, duties, and responsibilities:
1. To hear and decide appeals
where it is alleged there is error in
any order, requirement, decision, or
determination made by an adminis-
trative official in the enforcement of
Iowa Code Chapter 414, as such
may be amended from time to time,
or any ordinance adopted pursuant
thereto.
2. To hear and decide special ex-
ceptions to the terms of this Code
upon which such board is required
to pass under such ordinance, in
accordance with the general regula-
tions of the zone in which the prop-
erty is located and specific stand-
ards contained herein.
3. To hear and decide conditional
use permits under the terms of this
Code upon which such board is re-
298 Regular Session, August 17, 2015 Book 145
quired to pass under such ordi-
nance, in accordance with the gen-
eral regulations of the zone in which
the property is located and specific
standards contained herein.
4. To authorize upon appeal in spe-
cific cases such variance from the
terms of the ordinance as will not
be contrary to the public interest,
where owing to special conditions a
literal enforcement of the provisions
of the ordinance will result in un-
necessary hardship, and so that the
spirit of the ordinance must be ob-
served and substantial justice done.
In exercising the above-mentioned powers
such board may, in conformity with the provi-
sions of this section, reverse or affirm, wholly
or partly, or may modify the order, require-
ment, decision, or determination appealed
from and may make such order requirement,
decision, or determination as ought to be
made, and to that end shall have all the pow-
ers of the officer from whom the appeal is tak-
en.
Section 2. Nothing herein effects the term
of any person serving as a member of the
board as of the effective date of this Ordi-
nance.
Section 3. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 17th
day of August, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 21st day of August, 2015.
/s/Kevin S. Firnstahl, City Clerk
10. Public, Educational, and Government
(PEG) Capital Expenditure Request - City of
Dubuque: City Manager recommending ap-
proval of the Cable TV Commission recom-
mendation for funding from the Public, Educa-
tional, and Government (PEG) Capital Grant
for Access Equipment and Facilities for the
City of Dubuque to purchase a drone to cap-
ture aerial video and still images of City pro-
jects and initiatives. Motion by Connors to re-
ceive and file the documents and approve the
recommendation. Seconded by Braig. Motion
carried 7-0.
11. Request for Work Session - Inclusive
Dubuque: City Manager requesting that the
City Council schedule the Quarterly Inclusive
Dubuque Work Session for November 2, 2015
at 5:00 p.m. Motion by Jones to schedule the
work session as recommended. Seconded by
Connors. Motion carried 7-0.
12. Request to Schedule Tour of Intermod-
al Transit Facility and Reschedule Quarterly
Sustainable Dubuque Work Session: City
Manager requesting that the City Council re-
schedule the Quarterly Sustainable Dubuque
work session to Monday, October 5, at 5:00
p.m. City Manager further requests Council
approval to schedule a 30-minute walking tour
of the Intermodal Facility on Tuesday, Sep-
tember 8, at 5:30 p.m. (the original date
scheduled for the Quarterly Sustainable Dubu-
que Work Session). Motion by Connors to re-
ceive and file the documents and schedule the
works sessions as recommended. Seconded
by Lynch. Motion carried 7-0.
There being no further business, upon mo-
tion the City Council adjourned at 7:51 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
Book 145 Special and Regular Session, September 8, 2015 299
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:30 p.m. on September 8, 2015 at
the Dubuque Intermodal Transportation Cen-
ter, 950 Elm Street.
Present: Mayor Buol; Council Members,
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney
Lindahl
Also present: Jill Connors, Kelley Deut-
meyer, Candace Eudaley, Teri Goodmann,
Tim Horsfield, Maurice Jones, Tim McNamara,
Chandra Ravada, Gus Psihoyos, Cindy Stein-
hauser
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of conducting a walking tour of the
Dubuque Intermodal Transportation Center.
WORK SESSION
Walking Tour of the Dubuque Intermod-
al Transportation Center
The City Council took a guided tour of the
offices, amenities and surrounds of the new
Jule Transportation Center and parking facility
located at 950 Elm Street.
There being no further business, upon mo-
tion the City Council adjourned at 5:55 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on September 8, 2015 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 for
the purpose of conducting such business that
may properly come before the City Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
American Public Works Association Project
of the Year Award: Civil Engineer II Jon Dienst
presented the Project of the Year award from
the American Public Works Association for the
SRF Green Alley Project Bid Set 3-Year 1
(Environmental Less Than $5 Million)
PROCLAMATION(S)
Hunger Action Awareness Day (September
19, 2015) was accepted by Kathy Hutton, Ex-
ecutive Director of St. Stephen’s Food Bank,
3145 Cedar Crest Ridge.
Days of Peace and Ceasefire (September
11-29, 2015) was accepted by Art Roche of
the Days of Peace Committee, 5451 Meadow
Ct., Asbury.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7-0.
1. Minutes and Reports Submitted: Art and
Cultural Affairs Advisory Commission of 7/28;
City Council Proceedings of 8/3, 8/10, 8/17;
Civil Service Commission of 8/19; Historic
Preservation Commission of 8/20; Human
Rights Commission of 7/13; Long Range Plan-
ning Advisory Commission of 8/19; Sister City
Relationships Advisory Commission Goal Set-
ting of 8/24; Proof of Publication of City Coun-
cil Proceedings of 7/28, 7/29, 8/3, 8/10, 8/17;
Proof of publication for Notice of Claims and
300 Regular Session, September 8, 2015 Book 145
Summary of Receipts for Month Ending 7/31.
Upon motion the documents were received
and filed.
2. Notice of Claims and Suits: Paul Avenar-
ius for vehicle damage, Penni Schmitt for vehi-
cle damage. Upon motion the documents were
received, filed and referred to the City Attor-
ney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Paul Avenarius for vehicle damage,
Penni Schmitt for vehicle damage, Sisters of
the Visitation for vehicle damage. Upon motion
the documents were received, filed and con-
curred.
4. Dubuque Water & Resource Recovery
Center Showing Return on Investment: City
Manager transmitting the City's informational
brochure about the return on investment at the
Water & Resource Recovery Center. Upon
motion the document was received and filed.
;
5. Dubuque Jaycees 2016 Fireworks Re-
quest: Correspondence from Thomas Parsley,
General Manager for Radio Dubuque, in part-
nership with the Dubuque Jaycees requesting
approval to conduct a fireworks display on
Sunday, July 3, 2016 from 9:00 p.m. to 10:30
p.m. on Volunteer Road between Hawthorne
and Lime Streets with a rain date of July 4,
2016. Upon motion the document was re-
ceived, filed and approved.
6. Acceptance of Storm Sewer Improve-
ments in Lot 1 of Westview Shopping Center
Place No. 4: City Manager recommending
acceptance of the public improvements that
the developer, Molo Oil Company, has recently
completed in Lot 1 of Westview Shopping Cen-
ter Place No. 4 (common address 1895 John
F. Kennedy Road). Upon motion the docu-
ments were received and filed and Resolution
No. 292-15 Accepting public improvements in
Lot 1 of Westview Shopping Center Place No.
4 in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 292-15
ACCEPTING PUBLIC IMPROVEMENTS IN
LOT 1 OF WESTVIEW SHOPPING CENTER
PLACE NO. 4 IN THE CITY OF DUBUQUE,
IOWA
Whereas, pursuant to Purchase Offer and
Agreement dated December 2, 2013, certain
public improvements including storm sewer,
were installed by the developer of Lot 1 of
Westview Shopping Center Place No. 4 in the
City of Dubuque, Iowa; and
Whereas, the improvements have been
completed and the City Manager has exam-
ined the work and has filed a certificate stating
that the same has been completed in accord-
ance with the plans approved by the City
Council and in conformance with City specifi-
cations, and has recommended that the im-
provements be accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said public
improvements in Lot 1 of Westview Shopping
Center Place No. 4 be and the same is hereby
accepted.
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Semi Annual Consent Decree Report:
City Manager recommending approval for the
City Manager to certify the September 30th
Semi Annual Consent Decree Report to be
submitted to the U.S. Department of Justice,
U.S. EPA and the Iowa Department of Natural
Resources. Upon motion the documents were
received, filed and approved.
8. Miller-Riverview Park - Concrete Pads
Project Award: City Manager recommending
that the award for the Miller Riverview Park –
Concrete Pads Project to Midwest Concrete,
Inc. be officially recorded in the minutes of the
City Council. Upon motion the documents
were received, filed and made a Matter of
Record.
9. Renewal Rates for Worker's Compensa-
tion Claims Administration: City Manager rec-
ommending acceptance of the renewal rates
from Alternative Services Concepts for ser-
vices related to the administration of the City’s
Worker’s Compensation Program. Upon mo-
tion the documents were received, filed and
approved.
10. Acceptance of Grant of Sanitary Sewer
Utility Easement - 3045 Indiana Court: City
Manager recommending acceptance of a per-
manent easement for sanitary sewer across
part of Lot 1 of Indiana Subdivision No. 2 from
Eric Bakken. Upon motion the documents
were received and filed and Resolution No.
293-15 Accepting a Grant of Easement for
sanitary sewer through, over and across par of
Lot 1 of Indiana Subdivision No. 2 in the City of
Dubuque was adopted.
Book 145 Regular Session, September 8, 2015 301
RESOLUTION NO. 293-15
ACCEPTING A GRANT OF EASEMENT FOR
SANITARY SEWER THROUGH, OVER AND
ACROSS PART OF LOT 1 OF INDIANA
SUBDIVISION NO. 2, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Eric M. Bakken has executed a
Permanent Easement for Sanitary Sewer
through, over and across Part of Lot 1 of Indi-
ana Subdivision No. 2 in the City of Dubuque,
Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Permanent
Easement for Sanitary Sewer through, over
and across Part of Lot 1 of Indiana Subdivision
No. 2, in the City of Dubuque, Dubuque Coun-
ty, Iowa from Eric M. Bakken, a copy of which
is attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. The City Clerk is hereby author-
ized to and directed to record this resolution
and easement with the Dubuque County Re-
corder.
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Acceptance of Grant of Easement for
Intersection Improvements at Loras Blvd,
Grandview Ave. and University Ave.: City
Manager recommending acceptance of a
Grant of Easement for underground electric,
fiber optic cable, traffic signals & other Appur-
tenances and sidewalk across part of Tschirgi
and Schwind’s Subdivision owned by William
and Kathleen Jester. Upon motion the docu-
ments were received and filed and Resolution
No. 294-15 Accepting a Grant of Easement for
underground electric, fiber optic cable, traffic
signals & other appurtenances and sidewalk
through, over and across part of Lot 61, and
Lot 1 of the East ½ of Lot 59, in Tschirgi and
Schwind’s Subdivision, City of Dubuque, Iowa
was adopted.
RESOLUTION NO. 294-15
ACCEPTING A GRANT OF EASEMENT FOR
UNDERGROUND ELECTRIC, FIBER OPTIC
CABLE, TRAFFIC SIGNALS & OTHER AP-
PURTENANCES AND SIDEWALK
THROUGH, OVER AND ACROSS PART OF
LOT 61, AND LOT 1 OF THE EAST ½ OF
LOT 59, IN TSCHIRGI AND SCHWIND’S
SUBDIVISION, CITY OF DUBUQUE, IOWA
Whereas, William K. and Kathleen Jester
have executed a Grant of Easement for Un-
derground Electric, Fiber Optic Cable, Traffic
Signals & Other Appurtenances and Sidewalk
through, over and across Part of Lot 61, and
Lot 1 of the East ½ of Lot 59, in Tschirgi and
Schwind’s Subdivision, City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Easement for
Underground Electric, Fiber Optic Cable, Traf-
fic Signals & Other Appurtenances and Side-
walk through, over and across Part of Lot 61,
and Lot 1 of the East ½ of Lot 59, in Tschirgi
and Schwind’s Subdivision, City of Dubuque,
Iowa from William K. and Kathleen Jester and,
a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. 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 Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Acceptance of Grant of Warranty Deed
- 1610 Loras Blvd: City Manager recommend-
ing acceptance of a Warranty Deed for Access
Rights across part of Lots 59 and 61 in Dis-
charge and Schwind’s Subdivision, owned by
William and Kathleen Jester. Upon motion the
documents were received and filed and Reso-
lution No. 295-15 Approving the acquisition of
real estate owned by William and Kathleen
Jester in the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 295-15
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY WILLIAM AND KATH-
LEEN JESTER IN THE CITY OF DUBUQUE,
IOWA
Whereas, the City of Dubuque intends to
acquire certain real estate access rights over a
portion of Lots 59 and 61 in Tschirgi and
Schwinds Subdivision located in in the City of
Dubuque, Iowa for a traffic signal improve-
ments project at Grandview Avenue and Loras
Boulevard; and
Whereas, the owner of this certain real es-
tate and the City of Dubuque have voluntarily
negotiated that the City of Dubuque acquire
the property for acquisition; and
302 Regular Session, September 8, 2015 Book 145
Whereas, the acquisition of this real estate
is a voluntarily negotiated purchase by the City
of Dubuque under Section 6B.1A of the Iowa
Code, and is not an acquisition by the City of
Dubuque through its exercise of the power of
eminent domain under Chapter 6B of the Iowa
Code; and
Whereas, an agreement has been finalized
with the owner of the real estate access rights
scheduled for acquisition and executed by the
owner.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
hereby approve the acquisition of access
rights over the following legally described real
estate:
A portion of the Easterly line of Lots 59
and 61 in Tschirgi and Schwinds Sub-
division, City of Dubuque, Iowa more
particularly described as follows:
Beginning at the Northeasterly corner
of Lot 61 in Tschirgi and Schwinds
Subdivision in the City of Dubuque Io-
wa; thence South 21 Degrees 39
Minutes 40 Seconds East along the
Westerly Right of Way line of North
Grandview Avenue a distance of
112.00 feet to the Point of Termination.
Section 2. That the City of Dubuque be and
is hereby authorized to accept a Warranty
Deed for Access Rights from the owner, con-
veying the owner’s interest to the City of
Dubuque, Iowa for the herein described real
estate.
Section 3. That the City Attorney be and is
hereby authorized and directed to cause said
Warranty Deed for Access Rights to be rec-
orded in the office of the Dubuque County Re-
corder, together with a certified copy of this
Resolution.
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. State Flood Mitigation Board - Amend-
ment to Agreement City Manager recommend-
ing approval to seek an amendment to the
State Flood Mitigation Board Funding Agree-
ment for the Bee Branch Watershed Flood
Mitigation Project. Upon motion the documents
were received and filed and Resolution No.
295-15B Authorizing an amendment to the
Agreement with the State of Iowa Flood Mitiga-
tion Board which authorizes the City's use of
Sales Tax Increment funding for the Bee
Branch Watershed Flood Mitigation Project
was adopted.
RESOLUTION NO. 295-15B
AUTHORIZING AN AMENDMENT TO THE
AGREEMENT WITH THE STATE OF IOWA
FLOOD MITIGATION BOARD WHICH AU-
THORIZES THE CITY'S USE OF SALES TAX
INCREMENT FUNDING FOR THE BEE
BRANCH WATERSHED FLOOD MITIGA-
TION PROJECT
Whereas, Six Presidential Disaster Decla-
rations have been issued for flooding, severe
storms and tornados between 1999 and 2011
due to flash flooding; and
Whereas, the Bee Branch Watershed,
which includes the City of Dubuque’s most
developed areas where over 50% of city resi-
dents either live or work, has experienced
flooding impacting thousands of properties and
over seventy businesses; and
Whereas, the City Council of the City of
Dubuque has adopted a drainage basin mas-
ter plan authored by HDR Engineering that
outlines improvements to mitigate flooding
collectively referred to as the Bee Branch Wa-
tershed Flood Mitigation Project (the Project);
and
Whereas, the Flood Mitigation Program
was established by the Iowa Legislature and
the Governor of Iowa to support community
projects for the construction and reconstruction
of levees, embankments, impounding reser-
voirs, or conduits that are necessary for the
protection of property from the effects of
floodwaters and may include the deepening,
widening, alteration, change, diversion, or oth-
er improvement of watercourses if necessary
for the protection of such property from the
effects of floodwaters; and
Whereas, the City of Dubuque submitted
an application to the Iowa Flood Mitigation
Board (the Board) requesting the use of
$98,494,178.00 in sales tax increment funds
for the Project; and
Whereas, the Board, on December 4,
2013, voted to approve the City’s application
for construction of the Project, subject to the
requirements set forth in Iowa Code chapter
418 and the administrative rules promulgated
under it and subject to the terms and condi-
tions set forth in an agreement; and
Whereas, the City Council, on February 3,
2014, adopted Resolution 31- 14 authorizing
the execution of an agreement (Funding
Agreement) with the Iowa Flood Mitigation
Board binding the City to the terms of the
agreement as required for the City's receipt of
up to $98,494,178.00 in state sales tax incre-
ment funds for the Bee Branch Watershed
Flood; and
Whereas, the actual sales tax growth in
Fiscal Year 2014 and Fiscal Year 2015 ex-
ceeded the projected totals so that the City
would be eligible to receive up to an additional
$1,962,080.00 in sales tax increment if the
Book 145 Regular Session, September 8, 2015 303
Funding Agreement is amended accordingly;
and
Whereas, it is in the best interest of the
City to seek the use of the additional sales tax
increment through an amendment to the Fund-
ing Agreement.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1: The City’s request to amend the
Funding Agreement with the Iowa Flood Miti-
gation Board in order for the City to receive an
additional $1,962,080.00 in sales tax incre-
ment funding for the City’s flood project fund
for the above purposes is hereby authorized.
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Collective Bargaining Agreement
Amendment - Teamsters Local #120 (Bus Op-
erators): City Manager recommending approv-
al of an amendment to the Collective Bargain-
ing Agreement with Teamsters Local Union
No. 120 (Bus Operators). Upon motion the
documents were received, filed and approved.
15. German Bank Building: City Manager
recommending approval of the Release of the
City’s mortgage on the German Bank Building
at 342 Main Street. Upon motion the docu-
ments were received and filed and Resolution
No. 296-15 Approving the Release of a Mort-
gage by the City of Dubuque, Iowa on the
German Bank Building at 342 Main Street was
adopted.
RESOLUTION NO. 296-15
APPROVING THE RELEASE OF A MORT-
GAGE BY THE CITY OF DUBUQUE, IOWA
ON THE GERMAN BANK BUILDING AT 342
MAIN STREET
Whereas, in 2007, the City of Dubuque
(City) entered into a Development Agreement
with German Bank Building, LLLP for the de-
velopment of the German Bank Building at 342
Main Street; and
Whereas, City agreed to provide German
Bank Building, LLLP with a $300,000.00 low
interest loan through the Downtown Rehabilita-
tion Loan/Grant Program, secured by a mort-
gage on the German Bank Building and sub-
ject to a previous mortgage secured by Prem-
ier Bank to German Bank Building, LLLP in the
amount of $375,000.00; and
Whereas, in 2012, the German Bank Build-
ing was sold by German Bank Building, LLLP
to James Madison, LLC; James Madison, LLC
assumed all of the obligations of German Bank
Building, LLLP under the Development
Agreement and the Downtown Rehabilitation
Loan Agreement; and
Whereas, James Madison, LLC defaulted
on the Premier Bank mortgage and the City’s
mortgage; and
Whereas, Premier Bank and City entered
into an Intercreditor Agreement, pursuant to
which the parties agreed that if Premier Bank
obtained title to the German Bank Building and
received an offer to purchase the German
Bank Building at $603,000.00 or more, Prem-
ier Bank was authorized to accept the offer
and City agreed to release its mortgage and
any other liens against the property; and
Whereas, Premier Bank took back title to
the German Bank Building from James Madi-
son, LLC; and
Whereas, Premier Bank has accepted a
bid from Tim and Amy Brehm to purchase the
German Bank Building for $612,000; and
Whereas, pursuant to the Intercreditor
Agreement, City is required to release its
mortgage.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The mortgage release attached
hereto is hereby approved.
Section 2. The Mayor is authorized and di-
rected to execute the mortgage release on
behalf of the City of Dubuque.
Section 3. The City Manager and City At-
torney are authorized to take such further ac-
tion as may be necessary to fulfill the obliga-
tions of the City under the Intercreditor Agree-
ment.
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Property Acquisition - Dubuque Com-
munity School District (Audubon School): City
Attorney recommending adoption of a resolu-
tion accepting the deed to property owned by
Dubuque Community School District adjacent
to Audubon School for the Bee Branch Creek
Restoration Project. Upon motion the docu-
ments were received and filed and Resolution
No. 297-15 Accepting the Deed to certain real
estate in Dubuque County, Iowa from the
Dubuque Community School District was
adopted.
RESOLUTION NO. 297-15
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE IN DUBUQUE COUNTY, IOWA
FROM THE DUBUQUE COMMUNITY
SCHOOL DISTRICT
Whereas, the City of Dubuque, Iowa en-
tered into a Purchase Agreement on June 5,
2015, with the Dubuque Community School
District for the purchase of certain real proper-
ty in Dubuque County, Iowa legally described
as follows:
304 Regular Session, September 8, 2015 Book 145
LOT B OF LOT 2 OF MINERAL LOT
314 AND LOT B OF LOT 3 OF MIN-
ERAL LOT 314 IN THE CITY OF
DUBUQUE, IOWA ACCORDING TO
THE ACQUISITION PLAT RECORDED
ON JULY 8, 2015, IN THE RECORDS
OF THE DUBUQUE COUNTY RE-
CORDER AS INSTRUMENT #2015-
00008842; and
Whereas, the terms of the Agreement have
been fulfilled.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts
the Deed from the Dubuque Community
School District, attached hereto.
Section 2. The City Clerk is hereby author-
ized and directed to record this Resolution and
the Deed with the Dubuque County Recorder.
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Civil Service Commission: Civil Service
Commission submitting the Certified Lists for
the positions of Public Safety Dispatcher and
Sanitation Driver. Upon motion the documents
were received, filed and made a Matter of
Record.
August 19, 2015
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Public Safety Dispatcher was administered
on July 23, 2015. We hereby certify that the
individuals listed below have passed this writ-
ten examination and the vacancy for this posi-
tion should be filled from this list and that this
list is good for two (2) years from above date.
Public Safety Dispatcher
1. Carroll Clark
2. Ragan Schumacher
3. Andrew Francois
4. Lisa LuGrain
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
September 17, 2015
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Sanitation Driver was administered on July
28, 2015. We hereby certify that the individuals
listed below have passed this written examina-
tion and the vacancy for this position should be
made from this list and that this list is good for
two (2) years from above date.
Sanitation Driver
1. Doug Kuehn 23. Shannon Clark
2. Dave Weis, II 24. Jacob Hedley
3. Todd Kaiser 25. Dennis Heiderscheit
4. Robert Lenaerts 26. Jacob Freund
5. Justin Licht 27. Nathan Mohr
6. Michael Terry 28. Justin Pergande
7. Drew Noel 29. Brent Volkert
8. Kevin Ruggles 30. Nicholas Ede
9. Richard Zeller 31. Anthony McAndrew
10. William Hefel 32. Daniel Petersen
11. James Healey 33. Chris Watters
12. Nicholas McLaughlin 34. Jeff Boge
13. Jordan Thul 35. Dennis Brayton
14. Dustin Rector 36. Derek Duehr
15. Ryan Voss 37. John Kirk
16. Kristine Blakeman 38. Thomas Pinzger
17. John Doyle 39. Caleb Schulz
18. Aaron Lincoln 40. James Bernal
19. Chris Maiden 41. Adrian Hughes-Colon
20. Jason McCann 42. Jon Lucas
21. Tim Neuhaus 43. Jeffrey Nauman
22. Dale Richardson 44. Jacob Trierweiler 45. Aaron Young
Eligible Employee: Matt Cooper
Respectfully submitted,
Dan White, Chairman
Civil Service Commission
18. Alice Wolf vs. City of Dubuque: City At-
torney submitting the Release following the
settlement of Alice Wolf vs. the City of Dubu-
que. Upon motion the documents were re-
ceived and filed.
19. Quarterly Sustainable Dubuque Report:
City Manager transmitting the July 2015 Sus-
tainable Dubuque Report. Upon motion the
documents were received and filed.
20. U.S. Federal Energy Regulatory Com-
mission: Notice from the U.S. Federal Energy
Regulatory Commission of a preliminary permit
application proposing to study the feasibility of
a hydroelectric project at Lock and Dam No.
11. Upon motion the document was received,
filed and referred to the City Manager.
21. Parking System Technician: City Man-
ager recommending that the position of Labor-
er in the Parking Division be replaced with a
Parking System Technician position. Upon
motion the documents were received, filed and
approved.
22. Restrictive Covenant for Residential
Real Estate - 1501-1503 Bluff Street: City
Manager recommending approval of a Resolu-
tion attaching a Restrictive Covenant to 1501-
1503 Bluff Street prior to City disposal. Upon
motion the documents were received and filed
Book 145 Regular Session, September 8, 2015 305
and Resolution No. 298-15 Attaching Duplex-
Owner Occupied Residence Restrictive Cove-
nant to 1501-1503 Bluff Street, Dubuque, Iowa
was adopted.
RESOLUTION NO. 298-15
ATTACHING DUPLEX-OWNER OCCUPIED
RESIDENCE RESTRICTIVE COVENANT TO
1501-03 BLUFF STREET, DUBUQUE, IA
Whereas, The City desires to attach re-
strictive covenants to 1501-03 Bluff Street prior
to disposal of said property; and
Whereas, said property will be disposed of
by the City and the City desires said property
to be owner-occupied for a period of twenty
one years after the sale.
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 approves the restrictive covenants
for 1501-03 Bluff Street, legally described as:
The Easterly 90 feet of the Northerly 40
feet of Lot 3, and the Easterly 100 feet
of the Southerly 2 feet of Lot 4 in D.N.
Cooley’s subdivision of out lots 667,
668 and 669 in the City of Dubuque,
Iowa according to the recorded plat
thereof – 1501-03 Bluff Street
Section 2. The Mayor is hereby authorized
and directed to sign this Resolution and the
Restrictive Covenant for the above described
real estate.
Section 3. The City is Clerk is hereby au-
thorized and directed to provide a certified
copy of this Resolution to the City Attorney’s
Office for recording in the Office of the Dubu-
que County Recorder.
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
23. Restrictive Covenant for Residential
Real Estate - 2525 Windsor Avenue: City
Manager recommending approval of a resolu-
tion attaching a Restrictive Covenant to 2525
Windsor Avenue prior to City disposal. Upon
motion the documents were received and filed
and Resolution No. 299-15 Attaching Single
Family Residence Restrictive Covenant to
2525 Windsor Avenue, Dubuque, Iowa was
adopted.
RESOLUTION NO. 299-15
ATTACHING SINGLE FAMILY RESIDENCE
RESTRICTIVE COVENANT, TO 2525 WIND-
SOR AVENUE, DUBUQUE, IOWA
Whereas, The City desires to attach re-
strictive covenants to 2525 Windsor Avenue
prior to disposal of said property; and
Whereas, said property will be disposed of
by the City and the City desires said property
to be owner-occupied for a period of twenty
one (21) years after the sale.
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 approves the restrictive covenants
for 2525 Windsor Avenue, legally described
as:
Lot 24 in Stafford’s Addition to the City
of Dubuque, Iowa
Section 2. The Mayor is hereby authorized
and directed to sign this Resolution and the
Restrictive Covenant for the above described
real estate.
Section 3. The City is Clerk is hereby au-
thorized and directed to provide a certified
copy of this Resolution to the City Attorney’s
Office for recording in the Office of the Dubu-
que County Recorder.
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
24. City Street Financing Report for Fiscal
Year 2015: City Manager recommending ap-
proval of the City of Dubuque’s Fiscal Year
2015 City Street Financing Report and author-
ize filing with the Iowa Department of Trans-
portation. Upon motion the documents were
received and filed and Resolution No. 300-15
Approving the City of Dubuque Fiscal Year
2015 City Street Financing Report was adopt-
ed.
RESOLUTION NO. 300-15
APPROVING THE CITY OF DUBUQUE FIS-
CAL YEAR 2015 CITY STREET FINANCING
REPORT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBQUE, IOWA:
Section 1. That the City Street Finance
Report for the period of July 1, 2014, to June
30, 2015, is hereby approved and that the City
Clerk is hereby authorized and directed to file
said report with the Iowa Department of
Transportation.
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
25. Request for Qualifications - Transit Bus
Storage Facility: City Manager recommending
approval to release a Request for Qualifica-
tions to solicit consultant interest in Design
Development Construction Documents, and
Construction Administration Services for the
Transit Bus Storage Facility. Upon motion the
documents were received, filed and approved.
306 Regular Session, September 8, 2015 Book 145
26. Request for Proposals - Southwest Ar-
terial Project Construction Engineering Ser-
vices: City Manager recommending authoriza-
tion to proceed with initiating the Request for
Proposals process for soliciting proposals from
qualified consulting firms to provide all phases
of Construction Engineering Services for both
the English Mill Road Reconstruction Project
and the Military Road Reconstruction Project.
Upon motion the documents were received,
filed and approved.
27. Authorized Depository Institutions: City
Manager recommending approval to add
Hometown Bank as an authorized depository
for City ambulance funds. Upon motion the
documents were received and filed and Reso-
lution No. 301-15 Naming Depositories was
adopted.
RESOLUTION NO. 301-15
Whereas, Chapter 12C.2 of the 2201 Code
of Iowa states that the approval of a financial
institution as a depository shall be by written
resolution or order which shall be entered of
record in the minutes of the approving board,
and which shall distinctly name each deposito-
ry approved, and specify the maximum amount
which may be kept on deposit in each deposi-
tory; and
Whereas, This procedure is required if a fi-
nancial institution changes its name or home
office location, if the maximum amount is
changed, or if a financial institution is added or
deleted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the following financial insti-
tutions are approved to be depositories of the
City of Dubuque, Iowa funds in conformance
with all applicable provisions of the 2001 Iowa
Code Chapter 12C.2. The City Treasurer is
hereby authorized to deposit City of Dubuque,
Iowa funds in amounts not to exceed the max-
imum approved for each respective financial
institution as set out below.
Depository Name, Location of Home Office,
Maximum Balance
American Trust & Savings Bank, Dubuque,
Iowa $60,000,000
Dubuque Bank & Trust Company, Dubuque,
Iowa $60,000,000
U.S. Bank, Minneapolis, Minnesota,
$40,000,000
Dupaco Community Credit Union, Dubuque,
Iowa $20,000,000
Premier Bank, Dubuque, Iowa $20,000,000
East Dubuque Savings Bank, Dubuque, Iowa
$20,000,000
Fidelity Bank & Trust, Dyersville, Iowa,
$20,000,000
BBVA Compass, Birmingham, Alabama, $
100,000
Hometown Bank, Fond du Lac, Wisconsin, $
250,000
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
28. AmeriCorps Partners in Learning Grant
Agreement for 2015-2016: City Manager rec-
ommending approval of the City Manager's
execution of the grant agreement for the peri-
od September 1, 2015, to August 31, 2016
with the Iowa Commission on Volunteer Ser-
vice. Upon motion the documents were re-
ceived, filed and approved.
29. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Drew Cook
& Sons Excavating, Inc., for SRF Green Alley
Project Bid Set 2-Year 3; and IA 32 Hike-Bike
Trail Phase 4 & 5 Project; Portzen Construc-
tion, Inc., for SRF Green Alley Project Bid Set
3-Year 3. Upon motion the documents were
received, filed and approved.
30. Alcohol License Applications: City
Manager recommending approval of annual
beer, liquor and wine licenses as submitted.
Upon motion the documents were received
and filed and Resolution No. 302-15 Approving
applications for beer, liquor, and/or wine per-
mits, as required by City of Dubuque Code of
Ordinances Title 4 Business and License Reg-
ulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits
was adopted.
RESOLUTION NO. 302-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Book 145 Regular Session, September 8, 2015 307
Section 1. The City Clerk is hereby author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Lucky 13 Tap, 385 East 13th St., Class C Liq-
uor (Sunday)
Los Aztecas Mexican Restaurant, 2700 Dodge
St., Class C Liquor (Sunday)
Family Mart Inc., 3201 Central Ave, Class C
Beer, Class B Wine (Sunday)
Red Robin Americans Gourmet Burgers, 1775
NW Arterial, Class C Liquor (Outdoor)
(Sunday)
Premise Updates
Rotary Club of Dubuque, From 135 W. 8th St
to Riverwalk
New
Chocolaterie Stam Dubuque, 269 Main St,
Class C Liquor, Class B Wine (Outdoor)
(Sunday)
Adding a Privilege
Rotary Club of Dubuque, 135 W. 8th St, Adding
Outdoor Service
Passed, approved and adopted this 9th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
1. Lake Eleanor Lift Station and Water
Main Extension Project: City Manager recom-
mending initiation of the public bidding process
for the Lake Eleanor Lift Station Project, and
further recommends that a public hearing be
set for September 21, 2015. Upon motion the
documents were received and filed and Reso-
lution No. 303-15 Preliminary approval of
plans, specifications, form of contract, and
estimated cost; setting date of public hearing
on plans, specifications, form of contract, and
estimated cost; and ordering the advertise-
ment for bids was adopted setting a public
hearing for a meeting to commence at 6:30
p.m. on September 21, 2015 in the Historic
Federal Building.
RESOLUTION NO. 303-15
LAKE ELEANOR LIFT STATION PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the Lake Elea-
nor Lift Station Project in the estimated amount
$496,755.00, are hereby preliminarily ap-
proved and ordered filed in the office of the
City Clerk for public inspection.
A public hearing will be held on the 21st
day of September, 2015, at 6:30 p.m. in the
Historic Federal Building Council Chambers
(second floor) 350 W. 6th Street, Dubuque,
Iowa at which time interested persons may
appear and be heard for or against the pro-
posed plans and specifications, form of con-
tract 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 esti-
mated cost of the Project.
The Lake Eleanor Lift Station Project is
hereby ordered to be advertised for bids for
construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements herein provided, by publishing the
attached Notice to Bidders to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published not less than four but not more than
forty-five days before the date for filing bids
before 2:00 p.m. on the 24th day of September,
2015. 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 5th day of October, 2015, in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Federal Building Lease - Iowa State
University: City Manager recommending that a
public hearing be set for September 21, 2015
on the proposal to lease space in the Federal
Building to Iowa State University. Upon motion
the documents were received and filed and
308 Regular Session, September 8, 2015 Book 145
Resolution No. 304-15 Intent to dispose of an
interest in real property owned by the City of
Dubuque, Iowa by lease between the City and
Iowa State University of Science and Technol-
ogy was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on Sep-
tember 21, 2015 in the Historic Federal Building.
RESOLUTION NO. 304-15
INTENT TO DISPOSE OF AN INTEREST IN
REAL PROPERTY OWNED BY THE CITY OF
DUBUQUE, IOWA BY LEASE BETWEEN
THE CITY AND IOWA STATE UNIVERSITY
OF SCIENCE AND TECHNOLOGY
Whereas, the City of Dubuque, Iowa (City)
owns the real property described as the Histor-
ic Federal Building, located at 350 West 6th
Street in the City of Dubuque, Iowa; and
Whereas, City and Iowa State University of
Science and Technology have negotiated a
proposed Lease Agreement for space in the
Historic Federal Building, a copy of which
Lease Agreement is on file at the office of the
City Clerk, City Hall, 13th and Central Avenue,
Dubuque, Iowa; and
Whereas, the City Council believes it is in
the best interests of the City of Dubuque to
approve the proposed Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to
dispose of its interest in the foregoing-
described real property by Lease Agreement
between City and Iowa State University of Sci-
ence and Technology.
Section 2. The City Clerk is hereby author-
ized and directed to cause this Resolution and
a notice to be published as prescribed by Iowa
Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing-
described real property, to be held on the 21st
day of September, 2015, at 6:30 o'clock p.m.
at the Historic Federal Building, Council
Chambers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Fiscal Year 2016 First Budget Amend-
ment: City Manager recommending the first
Fiscal Year 2016 Budget Amendment be set
for public hearing on September 21, 2015.
Upon motion the documents were received
and filed and Resolution No. 305-15 Setting
the date for the public hearing on Amendment
No. 1 to the Fiscal Year 2016 Budget for the
City of Dubuque was adopted setting a public
hearing for a meeting to commence at 6:30
p.m. on September 21, 2015 in the Historic
Federal Building.
RESOLUTION NO. 305-15
SETTING THE DATE FOR THE PUBLIC
HEARING ON AMENDMENT NO. 1 TO THE
FISCAL YEAR 2016 BUDGET FOR THE
CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 pro-
vides that the City Council shall set a time and
place for a public hearing on amendments to
the budget and publish notice before the hear-
ing as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall con-
duct a public hearing on proposed Amendment
No. 1 to the Fiscal Year 2016 budget for the
City of Dubuque at the City Council Chambers
at the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa on Monday, September
21, 2015, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish no-
tice of the public hearing, according to law,
together with the required budget information.
Passed, approved and adopted this 8th day
of September 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Bunker Hill Golf Course Irrigation Phase
2 Project: City Manager recommending initia-
tion of the public bidding process for the Bun-
ker Hill Irrigation Replacement Phase 2 Pro-
ject, and further recommends that a public
hearing be set for September 21, 2015. Upon
motion the documents were received and filed
and Resolution No. 306-15 Preliminary ap-
proval of plans, specifications, form of con-
tract, and estimated cost; setting date of public
hearing on plans, specifications, form of con-
tract, and estimated cost; and ordering the
advertisement for bids was adopted setting a
public hearing for a meeting to commence at
6:30 p.m. on September 21, 2015 in the His-
toric Federal Building.
RESOLUTION NO. 306-15
BUNKER HILL IRRIGATION PROJECT
PHASE 2 PRELIMINARY APPROVAL OF
PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATED COST; SETTING
DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; AND ORDERING
THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the Bunker Hill
Irrigation Project Phase 2, in the estimated
amount $ 175,042, are hereby preliminarily
Book 145 Regular Session, September 8, 2015 309
approved and ordered filed in the office of the
City Clerk for public inspection.
A public hearing will be held on the 21st
day of September, 2015, at 6:30 p.m. in the
Historic Federal Building Council Chambers
(second floor) 350 W. 6th Street, Dubuque, 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 cir-
culation 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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The Bunker Hill Irrigation Project Phase 2
is hereby ordered to be advertised for bids for
construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements herein provided, by publishing the
attached Notice to Bidders to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published not less than four but not more than
forty-five days before the date for filing bids
before 2:00 p.m. on the 28th day of September,
2015. 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 the public
hearing at 6:30 p.m. on the 5th day of October,
2015, in the Historic Federal Building Council
Chambers (second floor) 350 W. 6th Street,
Dubuque, Iowa.
Passed, adopted and approved this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Sale of Property - 2525 Windsor Ave-
nue: City Manager recommending that a public
hearing be set September 21, 2015, on the
disposal of 2525 Windsor Avenue to Ted
Stackis Construction in accordance with all
terms and conditions set forth in the bid docu-
ments and Contract Agreement. Upon motion
the documents were received and filed and
Resolution No. 307-15 Resolution of Intent to
dispose of an interest in City of Dubuque real
estate, setting a time and place for hearing
and providing for the hearing of notice thereof
was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on Sep-
tember 21, 2015 in the Historic Federal Building.
RESOLUTION NO. 307-15
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE, SET-
TING A TIME AND PLACE FOR HEARING
AND PROVIDING FOR THE PUBLICATION
OF NOTICE THEREOF
Whereas, the City of Dubuque has ob-
tained title to certain real property due to
abandonment; and
Whereas, such property should be rede-
veloped and the certain real property is ready
for re-sale; and
Whereas, the City of Dubuque has re-
ceived a real estate contract for this certain
real property from Ted Stackis Construction;
and
Whereas, by accepting the real estate con-
tract, the City of Dubuque's objectives of in-
creased home ownership and rehabilitation of
vacant homes are further realized.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
intends to dispose of its interest in the follow-
ing legally described property:
Lot 24 in Stafford's Addition to the City of
Dubuque, Iowa. (the Property).
Section 2. That the City of Dubuque, Iowa
proposes to dispose of its interest in the Prop-
erty to Ted Stackis Construction for the sum of
$101.00.
Section 3. That the City Clerk is hereby
authorized and directed to cause this Resolu-
tion and a notice to be published as pre-
scribed by Iowa Code Section 364.7 of a pub-
lic hearing on the City's intent to dispose of
the Property to be held on the 21st day of
September, 2015, at 6:30 o'clock p.m. at the
Historical Federal Building, 250 West 6th
Street, Dubuque, Iowa.
Passed, adopted and approved this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Voluntary Annexation - Bahl Property:
City Manager recommending that a public
hearing be set for October 5, 2015, on the
voluntary annexation request from Martin J.
and Linda C. Bahl, and Terrance G. Bahl, for
1.3 acres of their property from Asbury Road
north to Forest Hills Subdivision in the City of
Asbury. Upon motion the documents were
received and filed and Resolution No. 308-15
Setting a public hearing on an application for
voluntary annexation of territory to the City of
Dubuque, Iowa was adopted setting a public
hearing for a meeting to commence at 6:30
p.m. on October 5, 2015 in the Historic Federal
Building.
310 Regular Session, September 8, 2015 Book 145
RESOLUTION NO. 308-15
SETTING A PUBLIC HEARING ON AN AP-
PLICATION FOR VOLUNTARY ANNEXA-
TION OF TERRITORY TO THE CITY OF
DUBUQUE, IOWA
Whereas, the City of Dubuque has re-
ceived a written application from Martin J. and
Linda C. Bahl, and Terrance G. Bahl for the
voluntary annexation of territory generally lo-
cated from Asbury Road north to Forest Hills
Subdivision in the City of Asbury; and
Whereas, the annexation territory is not
subject to an existing annexation moratorium
agreement and does not include any State or
railroad property; and
Whereas, the annexation territory does not
abut Dubuque County right-of-way; and
Whereas, Iowa Code section 368.7 author-
izes the extension of City limits in situations of
this character by adoption of a resolution after
notification and public hearing; and
Whereas, this annexation is consistent with
the City’s Comprehensive Plan; and
Whereas, the City of Dubuque has the ca-
pacity to provide substantial municipal services
to the annexation territory; and
Whereas, the annexation is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
A public hearing will be held on the 5th day
of October, 2015, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa at
which time interested persons may appear and
be heard for or against the proposed annexa-
tion, and the City Clerk be and is hereby di-
rected 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 fourteen business days
prior to the date of such hearing.
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards/Commissions.
Historic Preservation Commission: Two, 3-
year terms through July 1, 2018 (Vacant At-
Large term of Krueger and Old Main District-
Interim term of Rapp). Applicants: Susan
Price, 653 ½ White St. (Qualifies for At-Large);
and D. Joseph Rapp, 27 Locust St. (Old Main
District – Interim). Ms. Price spoke in support
of her appointment.
Environmental Stewardship Advisory
Commission: One, 3-year term through Octo-
ber 1, 2018 (Expired term of Koch). Applicant:
David Koch, 1950 Admiral St.
Appointments were made to the following
Boards/Commissions.
Arts and Cultural Affairs Advisory Commis-
sion: One, 3-year term through June 30, 2018
(Vacant term of Henkels - Business Profes-
sional in the cultural and entertainment dis-
trict). Applicant: Matthew Gregory, 1560 Iowa
St. Unit 3 (Qualifies for Business Professional
in the cultural and entertainment district). Mo-
tion by Connors to appoint Matthew Gregory to
a 3-year term through June 30, 2018. Second-
ed by Resnick. Motion carried 7-0.
Housing Trust Fund Advisory Committee:
One, 3-year term through August 17, 2018
(Vacant term of Holz). Applicant: Jim Holz,
3010 Indiana Court. Motion by Braig to appoint
Jim Holz to a 3-year term through August 17,
2018. Seconded by Resnick. Motion carried 7-0.
Human Right Commission: One, 3-year
term through January 1, 2016 (Vacant term of
Lenhart). Applicants: Sarah Fisher, 3045
Kaufmann; Angela Jones, 2413 Pearl St. (Ad-
ditional Applicant); Adrienne Scott, 1365 Solon
St. (Additional Applicant); and R.R.S. Stewart,
460 Summit St. Upon roll-call vote (Fisher –
Braig, Sutton, Connors, Jones, Buol, Lynch),
(Scott – Resnick), Sarah Fisher was appointed
to a vacant 3-year term through January 1,
2016
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the following items.
1. Dubuque Industrial Center Economic
Development District - Urban Renewal Plan
Amendment: Proof of publication on notice of
public hearing to consider approval of an
amended and restated Urban Renewal Plan
for the Dubuque Industrial Center Economic
Development District and the City Manager
recommending approval. Motion by Lynch to
receive and file the documents and adopt
Resolution No. 309-15 Approving the Amend-
ed and Restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Devel-
opment District. Seconded by Jones. Motion
carried 7-0.
RESOLUTION NO. 309-15
APPROVING THE AMENDED AND RE-
STATED URBAN RENEWAL PLAN FOR
THE DUBUQUE INDUSTRIAL CENTER
ECONOMIC DEVELOPMENT DISTRICT
Whereas, by Resolution 254-15 on July 20,
2015 the City Council of the City of Dubuque,
Iowa authorized the preparation of an Amend-
Book 145 Regular Session, September 8, 2015 311
ed and Restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Devel-
opment District (the "District"); and
Whereas, the Amended and Restated Ur-
ban Renewal Plan for the District dated Sep-
tember 8, 2015 is on file in the City Clerk's
Office; and
Whereas, the City of Dubuque's primary
objective for the Amended and Restated Ur-
ban Renewal Plan for the District is to provide
opportunities which will further economic de-
velopment purposes and objectives as de-
scribed in the Urban Renewal Plan; and
Whereas, the City Council finds that certain
areas adjacent to the District as shown on the
Amended and Restated Urban Renewal Plan
for the District meet the definition of an eco-
nomic development area in Chapter 403 of the
Iowa Code and should be included in the Dis-
trict; and
Whereas, the City Council, in accordance
with Chapter 403 of the Code of Iowa, has
held a public hearing on the Amended and
Restated Urban Renewal Plan after public
notice thereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated
Urban Renewal Plan for the Dubuque Industri-
al Center Economic Development District is
hereby approved.
Section 2. That the City Clerk of the City of
Dubuque, Iowa is hereby authorized and di-
rected to file a certified copy of this Resolution
in the office of the Dubuque County Recorder.
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Upper Bee Branch Creek Mississippi
River Trail Project: Proof of publication on no-
tice of public hearing to consider approval of
plans, specifications, form of contract and es-
timated cost for the Upper Bee Branch Creek
Mississippi River Trail Project and the City
Manager recommending approval. Motion by
Braig to receive and file the documents and
adopt Resolution No. 310-15 Approval of
plans, specifications, form of contract, and
estimated cost for the Upper Bee Branch
Creek Mississippi River Trail (MRT) Iowa DOT
Project No. SB-IA-2100(675)—7T-31. Se-
conded by Resnick. Motion carried 7-0.
RESOLUTION NO. 310-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE UPPER BEE BRANCH
CREEK MISSISSIPPI RIVER TRAIL (MRT)
IOWA DOT PROJECT NO. SB-IA-
2100(675)—7T-31
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Upper Bee Branch Creek Mississippi River
Trail (MRT), in the estimated amount
$2,125,776.00, are hereby approved.
Passed, adopted and approved this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Appeal of Historic Preservation Com-
mission Action - 100 Main Street: Joe Zwack
filing an appeal of a Historic Preservation
Commission action denying the addition of
balconies at his business, Lot 1, 100 Main
Street. Restated motion by Connors to receive
and file the documents and concur with the
denial as decided by the Historic Preservation
Commission. Seconded by Resnick. Motion
carried 7-0.
2. Greater Dubuque Development Corpo-
ration - Quarterly Update: President and CEO
Rick Dickinson provided a verbal report on the
activities of the Greater Dubuque Development
Corporation. Mr. Dickinson highlighted busi-
ness retention and expansion, human capi-
tal/workforce solutions, recruitment/jobs, sus-
tainable innovations, new job creation through
Start-Up Dubuque, and the NEXT Campaign.
Mr. Dickinson addressed questions regarding
business properties along Kerper Blvd. Motion
by Lynch to receive and file the information.
Seconded by Jones. Motion carried 7-0.
3. Annexation and Roadway Improvement
Agreement with the City of Asbury: City Man-
ager recommending approval of an Annexation
and Roadway Improvement Agreement be-
tween the City of Asbury and the City of Dubu-
que related to properties owned by Stephen
Kelley and Martin, Linda and Terrence Bahl.
Motion by Braig to receive and file the docu-
ments and adopt Resolution No. 311-15 Ap-
proving the Annexation and Roadway Im-
provement Agreement between the City of
Asbury and the City of Dubuque, Iowa. Se-
conded by Resnick. Motion carried 7-0.
RESOLUTION NO. 311-15
APPROVING THE ANNEXATION AND
ROADWAY IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF ASBURY AND THE
CITY OF DUBUQUE, IOWA
312 Regular Session, September 8, 2015 Book 145
Whereas, the City Clerk of the City of
Dubuque has received an Annexation and
Roadway Improvement Agreement from the
City of Asbury to provide for the City of Asbury
to annex the Kelley property and the City of
Dubuque to annex the Bahl property, and for
the cost sharing of roadway improvements.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby ap-
proves the Annexation and Roadway Agree-
ment between the City of Asbury and the City
of Dubuque to provide for the City of Asbury
annexing the Kelley property, and the City of
Dubuque annexing the Bahl property, and the
cost sharing of roadway improvement costs.
Section 2. The Mayor and City Clerk are
hereby authorized to sign the Agreement on
behalf of the City of Dubuque, Iowa.
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Severance Request - Kelley Property:
City Manager recommending approval of a
Severance Petition from Stephen Kelley, 6900
Asbury Road, to facilitate annexation of the
property to the City of Asbury. Motion by Con-
nors to receive and file the documents and
adopt Resolution No. 312-15 Approving sever-
ance of certain territory from the City of Dubu-
que. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 312-15
APPROVING SEVERANCE OF CERTAIN
TERRITORY FROM THE CITY OF DUBU-
QUE
Whereas, Stephen D. Kelley, the property
owner, has submitted a petition for voluntary
severance of approximately 0.67 acre of land
within the corporate limits of the City of Dubu-
que; and
Whereas, the territory is not subject to an
annexation moratorium agreement; and
Whereas, the territory does not include any
State or railroad property; and
Whereas, Chapter 368 of the Iowa Code
authorizes the adjustment of corporate limits
through voluntary severance by resolution of
the City Council; and
Whereas, Chapter 368 of the Iowa Code
requires concurrent annexation by the City of
Asbury to avoid creation of an island; and
Whereas, this severance is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the petition of Stephen D.
Kelley, the property owner, for voluntary sev-
erance of approximately 0.67 acre of land of
territory from the City of Dubuque is hereby
approved, and the territorial limits of Dubuque,
Iowa be, and they hereby are adjusted to sev-
er the property legally described as:
Lot 1 Potts Place lying outside Asbury
city limits, in Section 19, T89N, R2E
and including to the centerline of the
adjoining public right-of-way.
Section 2. That, subject to the approval of
the Secretary of State, the corporate limits of
the City of Dubuque, Iowa be and they hereby
are adjusted to sever the approximately 0.67
acre of severance territory as shown on Exhibit
A.
Section 3. The territory hereby severed
shall be annexed concurrently by the City of
Asbury, Iowa.
Section 4. That the City Clerk shall file this
resolution, all exhibits and the petition for vol-
untary severance in accordance with the Code
of Iowa.
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Water & Resource Recovery Center -
Nutrient Reduction Plan: City Manager rec-
ommending approval of the draft Nutrient Re-
duction Strategy for the Water & Resource
Recovery Center prepared by Strand Engi-
neers and Associates and to recommend au-
thorization for Strand to submit the plan to
Iowa Department of Natural Resources
(IDNR). Motion by Jones to receive and file the
documents and adopt Resolution No. 313-15
Authorizing Strand Associates of Madison,
Wisconsin, to submit to the Iowa Department
of Natural Resources the Water & Resource
Recovery Center Nutrient Reduction Plan.
Seconded by Connors. (W&RRC) Manager
Jonathan Brown and Randy Wirtz of Strand
Associates, Inc., provided a slide presentation
on the history of the W&RRC renovation pro-
ject and the background and regulations relat-
ed to the Nutrient Reduction Plan. Motion car-
ried 7-0.
RESOLUTION NO. 313-15
AUTHORIZING STRAND ASSOCIATES OF
MADISON, WISCONSIN TO SUBMIT TO THE
IOWA DEPARTMENT OF NATURAL RE-
SOURCES THE WATER & RESOURCE RE-
COVERY CENTER NUTRIENT REDUCTION
PLAN
Whereas, the NPDES permit issued to the
Water & Resource Recovery Center in Octo-
ber 2013 required the development of a Nutri-
ent Reduction Plan to be submitted to the Iowa
Department of Natural Resources by October
1, 2015 and that this plan has been developed
by Strand Associates of Madison, WI.
Book 145 Regular Session, September 8, 2015 313
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That Strand Associates of Madison, WI is
authorized to submit a Nutrient Reduction plan
for the City of Dubuque Water & Resource
Recovery Center on behalf of the City of
Dubuque Water & Resource Recovery Center.
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Roadway Improvement Project at John
F. Kennedy Road and West 32nd Street: City
Manager recommending approval of an
Agreement with developer Kivlahan Farms
L.C. for construction of public roadway im-
provements at the intersection of JFK Road
and West 32nd Street. Motion by Lynch to re-
ceive and file the documents and adopt Reso-
lution No. 314-15 Approving an Agreement for
Construction of Roadway Improvements at
JFK Road and West 32nd Street between the
City of Dubuque, Iowa and Kivlahan Farms,
L.C. Seconded by Connors. Connors suggest-
ed that staff review the traffic congestion at the
intersection during the construction period.
Motion carried 7-0.
RESOLUTION NO. 314-15
APPROVING AN AGREEMENT FOR CON-
STRUCTION OF ROADWAY IMPROVE-
MENTS AT JFK ROAD AND WEST 32ND
STREET BETWEEN THE CITY OF DUBU-
QUE, IOWA AND KIVLAHAN FARMS L.C.
Whereas, the City of Dubuque is party to
an Agreement with Kivlahan Farms L.C. for
construction of public roadway improvements
at JFK Rd. and West 32nd St. dated April 17,
2015; and
Whereas, the City of Dubuque has deter-
mined that the project will require certain im-
provements to the public right of way and Ki-
vlahan Farms L.C. agrees that such improve-
ments are reasonable and necessary; and
Whereas, the City of Dubuque has re-
viewed and approved the design and construc-
tion plans for said public roadway improve-
ments as required by the Agreement; and
Whereas, Kivlahan Farms L.C. has exe-
cuted the Agreement.
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 di-
rected to execute the Agreement on behalf of
the City of Dubuque
Passed, approved, and adopted this 8th
day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Environmental Covenant - Old City Gar-
age (PNG) Site: City Manager recommending
approval of a resolution approving an Envi-
ronmental Covenant and Termination and Re-
lease of Property Restriction for the old City
Garage site, formerly People Natural Gas.
Motion by Connors to receive and file the doc-
uments and adopt Resolution No. 315-15 Ap-
proving an Environmental Covenant and Ter-
mination and Release of Property Restriction
for the old City Garage site, formerly Peoples
Natural Gas at 925 Kerper Boulevard, Dubu-
que, Iowa. Seconded by Braig. Motion carried
7-0.
RESOLUTION NO. 315-15
APPROVING AN ENVIRONMENTAL COVE-
NANT AND TERMINATION AND RELEASE
OF PROPERTY RESTRICTION FOR THE
OLD CITY GARAGE SITE, FORMERLY
PEOPLES NATURAL GAS AT 925 KERPER
BOULEVARD, DUBUQUE, IOWA
Whereas, the City of Dubuque is the cur-
rent owner of environmentally contaminated
property with a local address of 925 Kerper
Boulevard, Dubuque, Iowa which property was
previously owned by Peoples Natural Gas,
who among others, contributed to the contam-
ination of the site, commonly known as the
Peoples Natural Gas Site (the Site); and
Whereas, the U.S. Environmental Protec-
tion Agency (EPA) previously required the City
of Dubuque to place intuitional controls on the
Site in the form of a deed restriction, which
was recorded in 1991; and
Whereas, EPA has requested that the
deed restriction be removed from the property,
as it is EPA’s intent for an environmental cov-
enant to replace the deed restriction as the
sole institutional control on the Site; and
Whereas, City has negotiated the attached
Environmental Covenant with EPA; and
Whereas, the City Council finds that it is in
the best interests of the City of Dubuque to
approve the Environmental Covenant.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Environmental Covenant
and Termination and Release of Property Re-
striction attached hereto are hereby approved.
Section 2. The Mayor is hereby authorized
and directed to execute the Environmental
Covenant and Termination and Release of
Property Restriction on behalf of the City of
Dubuque.
Section 3. The City Manager is authorized
to take such action is may be necessary and
314 Regular Session, September 8, 2015 Book 145
convenient to implement the Environmental
Covenant and Termination and Release of
Property Restriction.
Passed, approved and adopted this 8th day
of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Mission of Mercy Dental Clinic: City
Manager recommending City support for the
Iowa Mission of Mercy Dental Clinic event
sponsored by the Iowa Dental Foundation and
scheduled for September 2016 at Five Flags
Center (Dates to be confirmed). Motion by
Jones to receive and file the documents and
approve the recommendation. Seconded by
Connors. Dr. Heyo Tjarks, DDS; and Dr. Marty
Averill, DDS, thanked the City Council and
provided background information about the
clinic and showed a video of a recent clinic
event. Motion carried 7-0.
9. Code of Ordinances Amendment - In-
dustrial Center West Urban Renewal: City
Manager recommending approval of an
amendment to the tax increment ordinance for
the Dubuque Industrial Center Economic De-
velopment District that would allow tax incre-
ment financing to be used in the new Subarea
G. Motion by Jones to receive and file the
documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Connors. Motion
carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 55-15 Amending
Ordinance No. 39-15, Previously Amended,
providing that general property taxes levied
and collected each year on all property located
within the Amended And Restated Dubuque
Industrial Center Economic Development Dis-
trict Urban Renewal Area of the City of Dubu-
que, County of Dubuque, State of Iowa, by and
for the benefit of the State of Iowa, City of
Dubuque, County of Dubuque, Dubuque
Community School District, and other taxing
districts, be paid to a special fund for payment
of principal and interest on loans, monies ad-
vanced to and indebtedness, including bonds
issued or to be issued, incurred by said City in
connection with the Amended and Restated
Dubuque Industrial Center Economic Devel-
opment District Urban Renewal Redevelop-
ment Project. Seconded by Connors. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 55-15
AMENDING ORDINANCE NO. 39-15, PRE-
VIOUSLY AMENDED, PROVIDING THAT
GENERAL PROPERTY TAXES LEVIED AND
COLLECTED EACH YEAR ON ALL PROP-
ERTY LOCATED WITHIN THE AMENDED
AND RESTATED DUBUQUE INDUSTRIAL
CENTER ECONOMIC DEVELOPMENT DIS-
TRICT URBAN RENEWAL AREA OF THE
CITY OF DUBUQUE, COUNTY OF DUBU-
QUE, STATE OF IOWA, BY AND FOR THE
BENEFIT OF THE STATE OF IOWA, CITY
OF DUBUQUE, COUNTY OF DUBUQUE,
DUBUQUE COMMUNITY SCHOOL DIS-
TRICT, AND OTHER TAXING DISTRICTS,
BE PAID TO A SPECIAL FUND FOR PAY-
MENT OF PRINCIPAL AND INTEREST ON
LOANS, MONIES ADVANCED TO AND IN-
DEBTEDNESS, INCLUDING BONDS IS-
SUED OR TO BE ISSUED, INCURRED BY
SAID CITY IN CONNECTION WITH THE
AMENDED AND RESTATED DUBUQUE IN-
DUSTRIAL CENTER ECONOMIC DEVEL-
OPMENT DISTRICT URBAN RENEWAL RE-
DEVELOPMENT PROJECT
Whereas, the Amended and Restated Ur-
ban Renewal Plan for the Dubuque Industrial
Center Economic Development District Urban
Renewal Project Area described in Resolution
No. 130-88 was adopted on May 2, 1988 and
was thereafter amended and restated by
Resolution No. 484-90 on December 17, 1990,
Resolution No. 142-97 on April 7, 1997, Reso-
lution No. 478-97 on November 17, 1997,
Resolution No. 15-08 on January 7, 2008,
Resolution No. 101-08 on March 17, 2008,
Resolution No. 109-08 on April 7, 2008, Reso-
lution No. 87-11 on March 7, 2011, Resolution
No. 171-13 on June 3, 2013, Resolution No.
197-15 on June 1, 2015 and Resolution No.
309-15 on September 8, 2015; and
Whereas, the City Council of the City of
Dubuque, Iowa originally provided for the divi-
sion of taxes pursuant to Section 403.19 of the
Code of Iowa within the Dubuque Industrial
Center Economic Development District Urban
Renewal Project Area in Ordinance No. 26-88
passed and approved on May 2, 1988 and
thereafter amended and restated by Ordinance
No. 63-88 on December 5, 1988, by Ordinance
No. 66-97 on November 17, 1997, by Ordi-
nance No. 70-08 on October 20, 2008, by Or-
dinance No. 10-14 on February 3. 2014, by
Ordinance No. 39-15 on June 1, 2015; and
Whereas, indebtedness has been incurred
by the City, and additional indebtedness is
anticipated to be incurred in the future, to fi-
nance urban renewal project activities within
the Amended and Restated Dubuque Industri-
al Center Economic Development District, and
the continuing needs of redevelopment within
the Amended and Restated Dubuque Industri-
al Center Economic Development District are
such as to require the continued application of
the incremental tax resources of the Amended
and Restated Dubuque Industrial Center Eco-
nomic Development District; and
Book 145 Regular Session, September 8, 2015 315
Whereas, the following enactment is nec-
essary to accomplish the objectives described
in the premises.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Ordinance Number 39-15 is hereby
amended to read as follows:
Section 1: For purposes of this Ordinance,
the following terms shall have the following
meanings:
(a) Original Project Area shall mean
that portion of the City of Dubuque, Io-
wa described in the Urban Renewal
Plan for the Dubuque Industrial Center
Economic Development District Urban
Renewal Area approved by Resolution
No. 130-88 on May 2, 1988, and sub-
sequently amended by Resolution No.
484-90 on December 17, 1990, which
Original Project Area includes the lots
and parcels located within the area now
legally described as follows:
All of the Dubuque Industrial Center
First, Second, Third, Fourth, Fifth,
Sixth, Seventh, Eighth, Ninth, Tenth
and Eleventh Additions and the ad-
joining public right-of-way, all in the
City of Dubuque, Dubuque County,
Iowa.
The Original Project Area is referred to as
"Subarea A" in the Urban Renewal Plan here-
inafter described.
(b) Subarea B shall mean that por-
tion of the City of Dubuque, Iowa de-
scribed as Subarea B in the Amended
and Restated Urban Renewal Plan for
the Dubuque Industrial Center Eco-
nomic Development District Urban Re-
newal Area approved by Resolution
No. 478-97 on November 17, 1997,
and subsequently amended by Resolu-
tion No. 15-08 on January 7, 2008,
which Subarea B includes the lots and
parcels located within the area legally
described as follows:
Lots 1, 3, 4, 1 of 5, 6 and H of
Dubuque Industrial Center West;
and
Lots 1, 2, 3, 4, 5, 6, 7, 8, and C of
Dubuque Industrial Center West
2nd Addition; and
Lots 1, 2, 3, 4, B, and C of Dubuque
Industrial Center West 4th Addition;
and
Lots 1 of 1, 1 of 2, 2 of 2, 1 of 3, 2
of 3, 1 of 5, A, C, and D of Dubuque
Industrial Center West 5th Addition;
and
Lots 1, 2, and A of Dubuque Indus-
trial Center West 6th Addition; and
Lots 1, 1 of 2, and 2 of 2 of Dubu-
que Industrial Center West 7th Ad-
dition; and
Lot 2 of 1 of the Southwest Quarter
of the Southwest Quarter and Lot 2
of 1 of the Southeast Quarter of the
Southwest Quarter all in Section 30,
Township 89 North, Range 2 East,
5th Principal Meridian;
and all that part of a 100-foot-wide
strip of the Chicago Central Pacific
Railroad right-of-way lying in the SE
1/4 of Section 30, the SE 1/4 of the
SW 1/4 of Section 30, the NW 1/4
of Section 31, and the NE 1/4 of
Section 31 all in T89N, R2E, of the
5th P.M. Dubuque County, Iowa,
the centerline of which is more par-
ticularly described as follows: be-
ginning at a point of intersection
with the easterly line of the SE 1/4
of Section 30, T89N, R2E, of the
5th P.M., thence southwesterly
along the centerline of said railroad
2,700 feet, more or less a point of
intersection with the westerly line of
the SE 1/4 of said Section 30;
thence southwesterly continuing
along said centerline 845 feet, more
or less, to a point where the railroad
right-of-way widens to 200 feet,
said point being the terminus of this
description; and
all that part of a 100-foot-wide strip
of the Chicago Central Pacific Rail-
road right-of-way lying in the Bal-
ance of Lot 1 of 1 of the Southwest
Quarter of the Southwest Quarter in
Section 29, Township 89 North,
Range 2 East, 5th Principal Meridi-
an; and
any adjoining public street right-of-
way all in the City of Dubuque,
Dubuque County, Iowa.
(c) Subarea C shall mean that por-
tion of the City of Dubuque, Iowa de-
scribed as Subarea C in the Amended
and Restated Urban Renewal Plan for
the Dubuque Industrial Center Eco-
nomic Development District Urban Re-
newal Area approved by Resolution
No. 101-08 on March 17, 2008, which
Subarea C includes the lots and par-
cels located within the area legally de-
scribed as follows:
Lot 1-1 NW 1/4-NE 1/4; Lot 2 of E
10 acres NE 1/4-NW 1/4; Lot 2-1
NW 1/4 -NE 1/4; Lot 2 NW 1/4-NE
1/4; Lot 1 E 1/4 NE 1/4-NW 1/4; W
3/4 NE 1/4-NW 1/4; Lot 2-1 SE 1/4-
NW 1/4; Lot 1-1 SE 1/4-NW 1/4;
and the SW 1/4-NE 1/4 all in Sec-
tion 30, Township 89 North, Range
316 Regular Session, September 8, 2015 Book 145
2 East, 5th Principal Meridian; and
any adjoining public street right-of-
way in the City of Dubuque, Dubu-
que County.
(d) Subarea D shall mean that por-
tion of the City of Dubuque, Iowa de-
scribed as Subarea D in the Amended
and Restated Urban Renewal Plan for
the Dubuque Industrial Center Eco-
nomic Development District Urban Re-
newal Area approved by Resolution
No. 109-08 on April 7, 2008, which
Subarea D includes the lots and par-
cels located within the area legally de-
scribed as follows:
Lot 4 of Dubuque Industrial Center
West 5th Addition, and Lot B of
Dubuque Industrial Center West 5th
Addition in the City of Dubuque, Io-
wa.
(e) Subarea E shall mean that por-
tion of the City of Dubuque, Iowa de-
scribed as Subarea E in the Amended
and Restated Urban Renewal Plan for
the Dubuque Industrial Center Eco-
nomic Development District Urban Re-
newal Area approved by Resolution
No. 87-11 on March 7, 2011, which
Subarea E includes the lots and par-
cels located within the area legally de-
scribed as follows:
All of Lot 1 of 1 and Lot 1 of 2 of the
South Fork Subdivision No. 1, in-
cluding any adjoining public street
right-of-way to said lots, all in the
City of Dubuque, Dubuque County,
Iowa, and;
All of Seippel Road right of way
from the north boundary line of Lot
1 of 1 of South Fork Subdivision
No. 1 in the City of Dubuque, to the
south boundary lines of Lot H of
Dubuque Industrial Center West
and Lot 1 of Dubuque Industrial
Center West 2nd Addition in the
City of Dubuque, Dubuque County,
Iowa, including crossings at the in-
tersections of Old Highway Road
and Chicago Central & Pacific Rail-
road rights-of-way.
(f) Subarea F shall mean that por-
tion of the City of Dubuque, Iowa and
Dubuque County described as Subarea
F in the Amended and Restated Urban
Renewal Plan for the Dubuque Indus-
trial Center Economic Development
District Urban Renewal Area approved
by Resolution No. 197-15 on June 1,
2015, which Subarea F includes the
lots and parcels located within the area
legally described as follows:
Lot one (1) of Graf Farm Subdivi-
sion #2, Dubuque County, Iowa,
according to the recorded plat
thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of
West One-half of Northeast One-
quarter, Section 25, Township 89
North , Range 1 East of the 5th
Principal Meridian, in Center Town-
ship , Dubuque County , Iowa;
Lot 2 in “W.A. Norman Place" in
Section 25, Center Township,
Dubuque County, Iowa, according
to the plat thereof; and
The NW 1/4 of the SE 1/4 of Sec-
tion 25, Township 89 North, Range
1 East of the 5th P.M., in Center
Township, Dubuque County, Iowa
(g) Subarea G shall mean that por-
tion of the City of Dubuque, Iowa and
Dubuque County described as Subarea
G in the Amended and Restated Urban
Renewal Plan for the Dubuque Indus-
trial Center Economic Development
District Urban Renewal Area approved
by Resolution No. 309-15 on Septem-
ber 8, 2015, which Subarea G includes
the lots and parcels located within the
area legally described as follows:
The South one-half of the North-
west Quarter of Section 29, Town-
ship 89 North, Range 2 East of the
5th Principal Meridian, in the City of
Dubuque, Iowa.
Lot 1 of Lot 1 of the Northwest
Quarter of the Northwest Quarter of
Section 29, Township 89 North,
Range 2 East of the 5th Principal
Meridian, in the City of Dubuque,
Iowa.
Lot 2 of McFadden Farm Place #2,
in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place, in
the City of Dubuque, Iowa.
Lot A of Lot 1 of 1 of the Southwest
Quarter of the Southwest Quarter of
Section 29, Township 89 North,
Range 2 East of the 5th Principal
Meridian, in the City of Dubuque,
Iowa.
Lot A of Lot 1 of 1 of the Northwest
Quarter of the Southwest Quarter of
Section 29, Township 89 North,
Range 2 East of the 5th Principal
Meridian, in the City of Dubuque,
Iowa.
All in the City of Dubuque, Dubuque
County, Iowa.
(h) Amended Project Area shall
mean that portion of the City of Dubu-
que, Iowa and Dubuque County includ-
ed within the Original Project Area,
Subarea B, Subarea C, Subarea D,
Subarea E, Subarea F and Subarea G,
each as described in this Section.
Book 145 Regular Session, September 8, 2015 317
(i) Urban Renewal Plan shall mean
the Amended and Restated Urban Re-
newal Plan adopted for the Amended
Project Area by Resolution No. 309-15
on September 8, 2015, and any subse-
quent amendments that may occur.
Section 2: The taxes levied on the taxable
property in the Amended Project Area, and
each subarea thereof, legally described in
Section 1 hereof, by and for the benefit of the
State of Iowa, City of Dubuque, County of
Dubuque, Dubuque Community School Dis-
trict, and all other taxing districts from and after
the effective date of this Ordinance shall be
divided as hereinafter in this Ordinance pro-
vided.
Section 3: As to the Original Project Area,
that portion of the taxes which would be pro-
duced by the rate at which the tax is levied
each year by or for each of the taxing districts
taxing property in the Original Project Area
upon the total sum of the assessed value of
the taxable property in the Original Project
Area as shown on the assessment roll as of
January 1, 1987, being the first day of the cal-
endar year preceding the effective date of Or-
dinance No. 26-88, shall be allocated to and
when collected be paid into the fund for the
respective taxing district as taxes by or for said
taxing district into which all other property tax-
es are paid. The taxes so determined shall be
referred herein as the "base period taxes" for
such Subarea.
As to Subarea B, base period taxes shall
be computed in the same manner using the
total assessed value shown on the assess-
ment roll as of January 1, 1996, being the as-
sessment roll applicable to property in such
Subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No.
66-97.
As to Subarea C, base period taxes shall
be computed in the same manner using the
total assessed value shown on the assess-
ment roll as of January 1, 2007, being the as-
sessment roll applicable to property in such
subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No.
70-08.
As to Subarea D, base period taxes shall
be computed in the same manner using the
total assessed value shown on the assess-
ment roll as of January 1, 2007, being the as-
sessment roll applicable to property in such
subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No.
70-08.
As to Subarea E, base period taxes shall
be computed in the same manner using the
total assessed value shown on the assess-
ment roll as of January 1, 2013, being the as-
sessment roll applicable to property in such
subarea as of January 1 of the calendar year
preceding the effective date of Ordinance
No.10-14.
As to Subarea F, base period taxes shall
be computed in the same manner using the
total assessed value shown on the assess-
ment roll as of January 1, 2014, being the as-
sessment roll applicable to property in such
subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No.
39-15.
As to Subarea G, base period taxes shall
be computed in the same manner using the
total assessed value shown on the assess-
ment roll as of January 1, 2014, being the as-
sessment roll applicable to property in such
subarea as of January 1 of the calendar year
preceding the effective date of this Ordinance.
Section 4: That portion of the taxes each
year in excess of the base period taxes for the
Amended Project Area, determined for each
sub-area thereof as provided in Section 3 of
this Ordinance, shall be allocated to and when
collected be paid into the special tax increment
fund previously established by the City of
Dubuque to pay the principal of and interest on
loans, monies advanced to, or indebtedness,
whether funded, refunded, assumed or other-
wise, including bonds issued under authority of
Section 403.9 or Section 403.12 of the Code of
Iowa, incurred by the City of Dubuque, Iowa to
finance or refinance, in whole or in part, urban
renewal projects undertaken within the
Amended Project Area pursuant to the Urban
Renewal Plan, except that taxes for the regular
and voter-approved physical plant and equip-
ment levy of a school district imposed pursuant
to Section 298.2 of the Code of Iowa and taxes
for the instructional support program of a
school district imposed pursuant to Section
257.19 (but in each case only to the extent
required under Section 403.19(2)), taxes for
the payment of bonds and interest of each
taxing district, and taxes imposed under Sec-
tion 346.77 (22) related to joint county-city
buildings, shall be collected against all taxable
property within the Amended Project Area
without any limitation as hereinabove provided.
Section 5: Unless or until the total as-
sessed valuation of the taxable property in the
subareas of the Amended Project Area ex-
ceeds the total assessed value of the taxable
property in said subareas shown by the as-
sessment rolls referred to in Section 3 of this
Ordinance, all of the taxes levied and collected
upon the taxable property in the Amended
Project Area shall be paid into the funds for the
respective taxing districts as taxes by or for the
taxing districts in the same manner as all other
property taxes.
Section 6: At such time as the loans, mon-
ies advanced, bonds and interest thereon and
indebtedness of the City of Dubuque referred
to in Section 4 hereof have been paid, all mon-
318 Regular Session, September 8, 2015 Book 145
ies thereafter received from taxes upon the
taxable property in the Amended Project Area
shall be paid into the funds for the respective
taxing districts in the same manner as taxes
on all other property.
Section 7: All ordinances or parts of ordi-
nances in conflict with the provisions of this
Ordinance are hereby repealed. The provi-
sions of this Ordinance are intended and shall
be construed so as to continue the division of
taxes from taxable property in the Amended
Project Area under the provisions of Section
403.19 of the Code of Iowa, as authorized in
Ordinance No. 39-15, and to fully implement
the division of taxes in Subarea G of the
Amended Project Area. In the event that any
provision of this Ordinance shall be deter-
mined to be contrary to law it shall not affect
other provisions or application of this Ordi-
nance which shall at all times be construed to
fully invoke the provisions of Section 403.19 of
the Code of Iowa with reference to the
Amended Project Area and the subareas con-
tained therein.
Section 8: This Ordinance shall be in effect
after its final passage, approval and publica-
tion as provided by law.
Passed and approved this 8th day of Sep-
tember, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 11th day of September,
2015.
/s/Kevin S. Firnstahl, City Clerk
10. Code of Ordinances Amendment - Title
2 Civil Service Commission: City Manager
recommending approval of an ordinance
amendment which establishes the Civil Ser-
vice Commission and provides for the powers,
operation, membership and meetings. Motion
by Connors to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Lynch. Motion carried 7-0.
Motion by Connors for final consideration
and passage of Ordinance No. 56-15 Amend-
ing City of Dubuque Code of Ordinances Title
2 Boards and Commissions by Repealing
Chapter 2 Civil Service Commission and
Adopting a New Chapter 2 Civil Service Com-
mission in Lieu Thereof Establishing the Civil
Service Commission and Providing for the
Powers, Operation, Membership, and Meet-
ings. Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 56-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS BY REPEALING CHAPTER
2 CIVIL SERVICE COMMISSION AND
ADOPTING A NEW CHAPTER 2 CIVIL SER-
VICE COMMISSION IN LIEU THEREOF ES-
TABLISHING THE CIVIL SERVICE COM-
MISSION AND PROVIDING FOR THE POW-
ERS, OPERATION, MEMBERSHIP, AND
MEETINGS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 2, Chapter 2 of the City of
Dubuque Code of Ordinances is hereby re-
pealed and the following adopted in lieu thereof:
Chapter 2
CIVIL SERVICE COMMISSION
2-2-1: Commission Created: There is
hereby created the Civil Service Commission.
2-2-2: Purpose: The purpose of the com-
mission is to conduct entrance examinations,
conduct promotional examinations, and act as
an appeals board as provided in Chapter 400
of the Iowa Code.
2-2-3: Internal Organization and Rules:
The commission may adopt rules and regula-
tions to govern its organizational procedures
as may be necessary and which are not in
conflict with this Code of Ordinances or the
Iowa Code.
2-2-4: Procedures for Operation: All admin-
istrative, personnel, accounting, budgetary,
and procurement policies of the city govern the
commission in all its operations.
2-2-5: Membership:
A. The commission comprises three (3)
residents of the city, appointed by the
mayor with the concurrence of the city
council.
B. Residents must be eighteen (18)
years of age or older.
C. Special Qualifications:
1. Commissioners must be citizens
of Iowa, eligible electors as defined
in the Iowa Code, and may not hold
or be a candidate for any office of
public trust.
2. The human rights director shall,
ex officio, be a member, without
vote.
3. Commissioners may not do any
of the following:
a. Sell, or in any manner be-
come parties, directly or indi-
rectly, to any contract to furnish
supplies, material, or labor to
the city unless the sale is made
or the contract is awarded by
competitive bid in writing, public-
ly invited and opened.
b. Have an interest, direct or in-
direct, in any contract or job of
work or material or the profits
thereof or services to be fur-
Book 145 Regular Session, September 8, 2015 319
nished or performed for the city
unless the contract or job is
awarded by competitive bid in
writing, publicly invited and
opened.
D. Membership on the commission
must comply with the provisions of Io-
wa Code §69.16A, relating to gender
balance. No person may be appointed
or reappointed to the commission if that
appointment or reappointment would
cause the number of members of one
gender to be greater than one-half (½)
of the membership of the commission
plus one (1). If the city has made a
good faith effort to appoint a qualified
person to fill a vacancy on the commis-
sion for a period of three (3) months but
has been unable to make a compliant
appointment, the city must utilize a fair
and unbiased method of selecting the
best qualified applicants.
2-2-6: Oath: Each person, upon appoint-
ment or reappointment to the commission,
must execute an oath of office at the first
meeting of the commission following the ap-
pointment or reappointment or at the city
clerk’s office any time prior to the first meeting
of the commission.
2-2-7: Terms: The term of office for com-
missioners is four (4) years or until such com-
missioner’s successor is appointed and quali-
fied.
2-2-8: Vacancies: Vacancies must be filled
in the same manner as original appointments.
2-2-9: Officers/Organization: The commis-
sioners must choose annually a chairperson
and vice-chairperson, each to serve a term of
one (1) year. The city clerk, or the city clerk’s
designee, is the clerk of the commission. The
commissioners must fill a vacancy among its
officers for the remainder of the officer’s unex-
pired term.
2-2-10: MEETINGS:
A. Meetings: Meetings may be called
by the chairperson or at the written re-
quest of a majority of the commission-
ers.
B. Open Meetings: All meetings must
be called and held in conformance with
the Iowa Open Meetings Law.
C. Attendance.
1. In the event a commissioner has
been absent for three (3) or more
consecutive meetings of the com-
mission, without being excused by
the chairperson, such absence will
be grounds for the commission to
recommend to the city council that
the position be declared vacant and
a replacement appointed.
2. Attendance must be entered up-
on the minutes of all meetings.
D. Minutes. A copy of the minutes of all
regular and special meetings of the
commission must be filed with the city
council within ten (10) working days af-
ter each meeting, or by the next regu-
larly scheduled city council meeting,
whichever is later.
E. Quorum. Two (2) commissioners
constitute a quorum for the transaction
of business. The affirmative vote of a
majority of the commissioners present
and voting is necessary for the adop-
tion of any motion or resolution.
2-11-11: Compensation: Commissioners
serve without compensation, provided that
they may receive reimbursement for necessary
travel and other expenses while on official
commission business within the limits estab-
lished in the city administrative policies and
budget.
2-2-12: Removal: The mayor may remove
any commissioner for cause upon written
charges and after public hearing.
2-2-13: Powers: The commission has the
powers, duties, and responsibilities as outlined
in Chapter 400 of the Iowa Code.
2-2-14: CITY COUNCIL TO FURNISH
MEETING ROOM, EQUIPMENT, RECORD-
ER: The city council must provide suitable
rooms in which the commission may hold its
meetings and supply the commission with all
necessary equipment and a qualified short-
hand reporter to enable it properly to perform
its duties.
2-2-15: RECORD OF MEETINGS AND
PERSONNEL: The commission must keep a
record of all its meetings and also a complete
individual service record of each civil service
employee which record must be permanent
and kept up to date.
2-2-16: EXAMINATION OF APPLICANTS:
Examinations for the positions in the city civil
service are to be applicable and required of all
applicants in accordance with the Iowa Code.
2-2-17: CONDUCT OF EXAMINATIONS;
CERTIFICATION OF QUALIFIED PERSONS:
The commission must conduct examinations in
accordance with the provisions of the laws of
the state relative thereto, and for the purpose
of determining the qualifications of applicants
for positions under civil service, and must duly
certify to the city council a list of the qualified
persons as set forth in the Iowa Code.
2-2-18: PROCEDURE FOR CONDUCT OF
HEARING APPEALS:
Notwithstanding Chapter 1 of this Title, the
commission may adopt its own rules governing
the procedure for the conduct of hearing ap-
peals.
Section 2. Nothing herein effects the term
of any person serving as a commissioner as of
the effective date of this Ordinance.
320 Regular Session, September 8, 2015 Book 145
Section 3. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 8th day
of September, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 11th day of September,
2015.
/s/Kevin S. Firnstahl, City Clerk
11. Code of Ordinances Amendment - Title
2 Sister City Relationships Advisory Commis-
sion: City Manager recommending approval of
an ordinance which adds a new Title 2, Chap-
ter 9 which establishes the Sister City Rela-
tionship Advisory Commission and provides for
the powers, operation, membership and meet-
ings. Motion by Lynch 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 Connors. Motion
carried 7-0.
Motion by Lynch for final consideration and
passage of Ordinance No. 57-15 Amending
City of Dubuque Code of Ordinances Title 2
Boards and Commissions by Repealing Chap-
ter 9 Sister City Relationships Advisory Com-
mission and Adopting a New Chapter 9 Sister
City Relationships Advisory Commission in
Lieu Thereof Establishing the Sister City Rela-
tionships Advisory Commission and Providing
for the Powers, Operation, Membership, and
Meetings. Seconded by Connors. Motion car-
ried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 57-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS BY REPEALING CHAPTER
9 SISTER CITY RELATIONSHIPS ADVISO-
RY COMMISSION AND ADOPTING A NEW
CHAPTER 9 SISTER CITY RELATIONSHIPS
ADVISORY COMMISSION IN LIEU THERE-
OF ESTABLISHING THE SISTER CITY RE-
LATIONSHIPS ADVISORY COMMISSION
AND PROVIDING FOR THE POWERS, OP-
ERATION, MEMBERSHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 2, Chapter 9 of the City of
Dubuque Code of Ordinances is hereby re-
pealed and the following adopted in lieu there-
of:
Chapter 9
SISTER CITY RELATIONSHIPS ADVISORY
COMMISSION
2-9-1: Commission Created: There is
hereby created the Sister City Relationships
Advisory Commission.
2-9-2: Purpose: The purpose of the com-
mission is to facilitate and maintain education-
al, economic, and cultural exchanges with the
city's officially recognized international sister
cities; to explore potential relationships with
cities where a sister city relationship may be
mutually beneficial; and to engage partner-
ships with the business community, cultural
entities, and education institutions that will
enhance sister city relationships.
2-9-3: Internal Organization and Rules:
The commission may adopt rules and regula-
tions to govern its organizational procedures
as may be necessary and which are not in
conflict with this Code of Ordinances or the
Iowa Code.
2-9-4: Procedures for Operation: All admin-
istrative, personnel, accounting, budgetary,
and procurement policies of the city govern the
commission in all its operations.
2-9-5: Membership:
A. The commission comprises thirteen
(13) residents of the city, appointed by
the city council.
B. Residents must be eighteen (18)
years of age or older.
C. Special Qualifications.
1. Two (2) members must be city
council members.
2. Eleven (11) members must be at
large residents of the city.
2-9-6: Oath: Each person, upon appoint-
ment or reappointment to the commission,
must execute an oath of office at the first
meeting of the commission following the ap-
pointment or reappointment or at the city
clerk’s office any time prior to the first meeting
of the commission.
2-9-7: Terms: The term of office for com-
missioners is three (3) years or until such
commissioner’s successor is appointed and
qualified.
2-9-8: Vacancies: Vacancies must be filled
in the same manner as original appointments.
2-9-9: Officers/Organization: The commis-
sioners must choose annually two (2) persons
to serve as facilitators, each to serve a term of
one (1) year. The city manager must appoint a
city staff person to serve as secretary. The
commissioners must fill a vacancy among its
officers for the remainder of the officer’s unex-
pired term.
2-9-10: MEETINGS:
A. Regular Meetings. The commission
must meet quarterly.
B. Special Meetings. Special meetings
may be called by the facilitators or at
the written request of three (3) com-
missioners.
Book 145 Regular Session, September 8, 2015 321
C. Open Meetings. All meetings must
be called and held in conformance with
the Iowa Open Meetings Law.
D. Attendance.
1. In the event a commissioner has
been absent for three (3) or more
consecutive meetings of the com-
mission, without being excused by
the facilitators, such absence will be
grounds for the commission to rec-
ommend to the city council that the
position be declared vacant and a
replacement appointed.
2. Attendance must be entered up-
on the minutes of all meetings.
E. Minutes. A copy of the minutes of all
regular and special meetings of the
commission must be filed with the city
council within ten (10) working days af-
ter each meeting, or by the next regu-
larly scheduled city council meeting,
whichever is later.
F. Quorum. Six (6) commissioners con-
stitute a quorum for the transaction of
business. The affirmative vote of a ma-
jority of the commissioners present and
voting is necessary for the adoption of
any motion or resolution.
2-9-11: Compensation: Commissioners
serve without compensation, provided that
they may receive reimbursement for necessary
travel and other expenses while on official
commission business within the limits estab-
lished in the city administrative policies budget.
2-9-12: Removal: Except as provided in 2-
9-10(D)(1), the city council may remove any
commissioner for good cause.
2-9-13: Powers: The commission has the
following powers, duties, and responsibilities:
A. To recommend to the city council the
official acknowledgement of or absolv-
ing of a sister city relationship.
B. To facilitate and maintain the ex-
change of information by and between
the city and its sister cities through, but
not limited to, correspondence, delega-
tion visits, and event planning.
Section 2. Nothing herein effects the term
of any person serving as a commissioner as of
the effective date of this Ordinance.
Section 3. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 8th day
of September, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 11th day of September,
2015.
/s/Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Council Member Connors, with additional
comments from the entire Council, reported on
the peace rally held on September 5 at Jack-
son Park in memory of Nancy Krapfl.
Mayor Buol reported on the citizen petition
he received requesting additional lighting in
the Jackson Park neighborhood. The City
Council concurred that staff should review the
issue and report with recommendations at the
October 5, 2015 City Council meeting.
Council Member Sutton thanked the parks
and recreation staff for all their help with the
numerous recent special events.
CLOSED SESSION
Motion by Jones at 8:24 p.m. to convene in
closed session to discuss pending litigation
and property Acquisition pursuant to Chapter
21.5(1)(c), -(j) Code of Iowa. Seconded by
Braig. Motion carried 7-0.
Upon motion the City Council reconvened
in open session at 8:57 p.m. stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 8:58 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
322 Regular Session, September 21, 2015 Book 145
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDIINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on September 21, 2015 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Pro-Tem Sutton; Council
Members Braig Connors, Jones, Lynch, Res-
nick; Assistant City Manager Steinhauser, City
Attorney Lindahl
Absent: Mayor Roy D. Buol, City Manager
Michael Van Milligen
Mayor Pro-Tem Sutton 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.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
Crop Walk Day (October 4, 2015) was ac-
cepted by Crop Walk Committee Chairperson
Maryann LoGuidice, 1205 Park St.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 6-0.
1. Minutes and Reports Submitted: Arts
and Cultural Affairs Advisory Commission of
8/25; Library Board of Trustees of 8/27; Zoning
Advisory Commission of 9/2. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Rick Heston
for property damage; Ken Lang for vehicle
damage; Steve Rutz for vehicle damage; Aa-
ron Strong for vehicle damage. Upon motion
the documents were received, filed and re-
ferred to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Joan Heston for property damage; Ken
Lang for vehicle damage; Steve Rutz for vehi-
cle damage; Aaron Strong for vehicle damage.
Upon motion the documents were received,
filed and concurred.
4. Assistance to Firefighter’s Grant Award
and Acceptance: City Manager recommending
approval of the acceptance of the Assistance
to Firefighter’s Grant award for replacement of
the exercise equipment in all fire stations. Up-
on motion the documents were received, filed
and approved.
5. Upper Mississippi River - A Vital Re-
source for Regional Economic Prosperity: City
Manager submitting the handout entitled Up-
per Mississippi River, A Vital Resource for
Regional Economic Prosperity. Upon motion
the documents were received, filed and made
a Matter of Record.
6. Delta Dental Voluntary Dental Plan: City
manager recommending approval of the Delta
Dental renewal rates for the plan year January
1, 2016, through December 31, 2016. Upon
motion the documents were received, filed and
approved.
7. Hillcrest Family Services Agreement:
City Manager recommending approval of an
agreement with Hillcrest Family Services to
use Murphy Park for Reflections in the Park
(October 30, 2015-January 10, 2016). Upon
motion the documents were received, filed and
approved.
8. FY 2015 Consolidated Annual Perfor-
mance Evaluation Report (CAPER) : City
Manager recommending approval of a resolu-
tion authoring submission to HUD of the Con-
solidated Annual Performance and Evaluation
Report (CAPER) for the period of July 1, 2014
through June 30, 2015. Upon motion the doc-
uments were received and filed and Resolution
No. 316-15 Authorizing the Submission of a
Consolidated Annual Performance and Eval-
uation Report (CAPER) for the Period Com-
mencing July 1, 2014 and Concluding June 30,
2015 was adopted.
RESOLUTION NO. 316-15
AUTHORIZING THE SUBMISSION OF A
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER) FOR
THE PERIOD COMMENCING JULY 1, 2014
AND CONCLUDING JUNE 30, 2015
Whereas, the City of Dubuque, Iowa is an
entitlement grant recipient under the Commu-
nity Development Block Grant (CDBG) Pro-
gram of the U.S. Department of Housing and
Urban Development (HUD); and
Whereas, the CDBG regulations require
that no later than ninety (90) days after the
completion of a program year, each entitle-
ment recipient must submit a performance and
Book 145 Regular Session, September 21, 2015 323
evaluation report, Consolidated Annual Per-
formance and Evaluation Report (CAPER);
and
Whereas, the City has 1) prepared a CA-
PER for the program year commencing July 1,
2014 and concluding June 30, 2015; 2) pub-
lished notice of availability of the CAPER in the
Telegraph Herald and City of Dubuque website
on August 31, 2015 and September 2, 2015;
3) made copies of the CAPER available for
public review at the Carnegie Stout Public Li-
brary, City Hall, Housing and Community De-
velopment Department and City of Dubuque
website; 4) held a public hearing pursuant to
required 15 days published notice before the
Community Development Advisory Commis-
sion on September 16, 2015; 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 (CAPER)
for the period commencing July 1, 2014 and
concluding June 30, 2015 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 Consoli-
dated Annual Performance and Evaluation
Report (CAPER) to the U.S. Department of
Housing and Urban Development.
Passed, approved and adopted this 21st
day of September, 2015.
Lynn V. Sutton, Mayor Pro-Tem
Attest: Kevin Firnstahl, City Clerk
9. Iowa Department of Inspections and Ap-
peals Contract: City Manager recommending
approval of the Iowa Department of Inspec-
tions and Appeals renewal agreement with the
City of Dubuque for performance of food and
hotel licensing, inspections and enforcement
with respect to retail food establishments. Up-
on motion the documents were received, filed
and approved.
10. Tristate Occupational Health Agree-
ment Amendment: City Manager recommend-
ing approval of an Amendment to the Agree-
ment between Tri-State Occupational Health,
LLC for case management services for work-
ers compensation claims and police and fire
job-related injuries and illnesses. Upon motion
the documents were received, filed and ap-
proved.
11. America's River Corporation Contract-
ed Services Agreement Amendment: City
Manager recommending execution of a con-
tract with America’s River Corporation for Fis-
cal Year 2016. Upon motion the documents
were received, filed and approved.
12. Restrictive Covenant - 767 University
Avenue: City Manager recommending approv-
al of a resolution attaching a Restrictive Cove-
nant to 767 University Avenue that requires
the property be owner-occupied for 21 years.
Upon motion the documents were received
and filed and Resolution No. 317-15 Attaching
Single Family Residence Restrictive Covenant,
to 767 University Avenue, Dubuque, Iowa was
adopted.
RESOLUTION NO. 317-15
ATTACHING SINGLE FAMILY RESIDENCE
RESTRICTIVE COVENANT, TO 767 UNI-
VERSITY AVENUE, DUBUQUE, IOWA
Whereas, The City desires to attach re-
strictive covenants to 767 University prior to
disposal of said property; and
Whereas, said property will be disposed of
by the City and the City desires said property
to be owner-occupied for a period of twenty
one (21) years after the sale.
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 approves the restrictive covenants
for 767 University Avenue, legally described
as:
Tract I: Lot 1 of Lot 2 of Lot 3 of the
Subdivision of Out Lot 738 in the City of
Dubuque, Iowa and a right of way over
Lot 3 of Lot 3, and over the East 20 feet
of Lot 8, of the Subdivision of Out Lot
738, in the City of Dubuque, Iowa ac-
cording to the recorded plat thereof
Tract II: Lot 3 of Lot 3 of the Subdi-
vision of Out Lot 738 in the City of
Dubuque, Iowa according to the rec-
orded plat thereof the City of Dubuque,
Iowa
Section 2. The Mayor is hereby authorized
and directed to sign this Resolution and the
Restrictive Covenant for the above described
real estate.
Section 3. The City is Clerk is hereby au-
thorized and directed to provide a certified
copy of this Resolution to the City Attorney’s
Office for recording in the Office of the Dubu-
que County Recorder.
Passed, approved and adopted this 21st
day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
324 Regular Session, September 21 2015 Book 145
13. Request for Proposal - 30- and 42-Inch
Force Main Inspection Project: City Manager
recommending approval to issue a Request for
Proposals to seek consultants and/or firms to
work alongside the City and coordinate the
inspection, emergency response planning and
needs assessment for current and future de-
sign changes to the City’s 30- and 42-inch
sanitary sewer force mains located between
Cedar Street Lift Station and the Water & Re-
source Recovery Center. Upon motion the
documents were received, filed and approved.
14. Acceptance of Grant of Permanent
Easement for Storm Sewer - 2595 Fulton
Street: City Manager recommending ac-
ceptance of a Grant of Permanent Easement
for Storm Sewer from Andrea and Joel Leach
over a portion of their property at 2595 Fulton
Street with the City of Dubuque owning and
maintain the new storm sewer utility. Upon
motion the documents were received and filed
and Resolution No. 318-15 Accepting a Grant
of Easement for storm sewer over and across
Lot 2 of Lot 2 of Lot 2 of the W ½ of the NW ¼
of Section 27; and Lot 2 of Lot 1 of Lot 2 of the
NE ¼ of the NE ¼ of Section 28, all in Town-
ship 89 North, Range 2 East of the 5th P.M., in
the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 318-15
ACCEPTING A GRANT OF EASEMENT FOR
STORM SEWER OVER AND ACROSS LOT 2
OF LOT 2 OF LOT 2 OF THE W ½ OF THE
NW ¼ OF SECTION 27; AND LOT 2 OF LOT
1 OF LOT 2 OF THE NE ¼ OF THE NE ¼ OF
SECTION 28, ALL IN TOWNSHIP 89 NORTH,
RANGE 2 EAST OF THE 5TH P.M., IN THE
CITY OF DUBUQUE, IOWA
Whereas, Halle Properties LLC and the
City of Dubuque wish to set forth terms for the
construction, maintenance, and replacement of
site improvements over an existing public utili-
ties located in Lot 2 of Lot 2 of Lot 2 of the W
½ of the NW ¼ of Section 27; and Lot 2 of Lot
1 of Lot 2 of the NE ¼ of the NE ¼ of Section
28, all in Township 89 North, Range 2 East of
the 5th P.M., in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, Halle Properties LLC have exe-
cuted an Easement for Storm Sewer through,
over and across Lot 2 of Lot 2 of Lot 2 of the
W ½ of the NW ¼ of Section 27; and Lot 2 of
Lot 1 of Lot 2 of the NE ¼ of the NE ¼ of Sec-
tion 28, all in Township 89 North, Range 2
East of the 5th P.M., in the City of Dubuque,
Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Easement for
Storm Sewer through, over and across Lot 2 of
Lot 2 of Lot 2 of the W ½ of the NW ¼ of Sec-
tion 27; and Lot 2 of Lot 1 of Lot 2 of the NE ¼
of the NE ¼ of Section 28, all in Township 89
North, Range 2 East of the 5th P.M., in the
City of Dubuque, Dubuque County, Iowa from
Halle Properties LLC, a copy of which is at-
tached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Passed, approved and adopted this 21st
day of September, 2015.
Lynn V. Sutton, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
15. Dubuque Intermodal Transportation
Center Sign Request: Historic Preservation
Commission recommending approval of the
monument-style freestanding sign for Jule
Transit, Elm and 9th Streets, to serve the
Dubuque Intermodal Transportation Center.
Upon motion the documents were received,
filed and approved.
16. Cedar Cross Storm Sewer Extension
Project Acceptance: City Manager recom-
mending that the award for the Cedar Cross
Storm Sewer Extension Project be officially
recorded in the minutes of the City Council.
Upon motion the documents were received,
filed and made a Matter of Record.
17. Access Ramp Installation Project - Pro-
ject Four Acceptance: City Manager recom-
mending that the award for the 2015 Access
Ramp Installation Project – Project Four be
officially recorded in the minutes of the City
Council. Upon motion the documents were
received, filed and made a Matter of Record.
18. Property Acquisition - McFadden Prop-
erties, LLP: City Attorney recommending adop-
tion of a resolution accepting the deed to
property owned by McFadden Properties, LLP
in Dubuque County, Iowa. Upon motion the
documents were received and filed and Reso-
lution No. 319-15 Accepting the Deed to Cer-
tain Real Estate owned by McFadden Proper-
ties, LLP in Dubuque County, Iowa was adopt-
ed.
RESOLUTION NO. 319-15
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE OWNED BY MCFADDEN PROP-
ERTIES, L.L.P. IN DUBUQUE COUNTY, IO-
WA
Whereas, the City of Dubuque, Iowa en-
tered into a Purchase Agreement on July 10,
2015, with McFadden Properties, L.L.P. for the
purchase of certain real property in Dubuque
County, legally described as follows:
Book 145 Regular Session, September 21, 2015 325
Lot 2 of McFadden Farm Place, in the City
of Dubuque, Iowa according to the recorded
Plat thereof, subject to easements and re-
strictions of record; and
Whereas, the terms of the Agreement have
been fulfilled.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts
the Deed from McFadden Properties, L.L.P.,
attached hereto.
Section 2. The City Clerk is hereby author-
ized and directed to record this Resolution and
the Deed with the Dubuque County Recorder.
Passed, approved and adopted this 21st
day of September, 2015.
Lynn V. Sutton, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
19. Property Acquisition - McFadden Fami-
ly Partnership, LLP: City Attorney recommend-
ing adoption of a resolution accepting the deed
to property owned by McFadden Family Part-
nership, LLP in Dubuque County, Iowa. Upon
motion the documents were received and filed
and Resolution No. 320-15 Accepting the
Deed to Certain Real Estate owned by
McFadden Family Partnership, LLP in Dubu-
que County, Iowa was adopted.
RESOLUTION NO. 320-15
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE OWNED BY MCFADDEN FAMILY
PARTNERSHIP, L.L.P. IN DUBUQUE
COUNTY, IOWA
Whereas, the City of Dubuque, Iowa en-
tered into a Purchase Agreement on June 26,
2015, with McFadden Family Partnership,
L.L.P. for the purchase of certain real property
in Dubuque County, legally described as fol-
lows:
Lot 1 of Lot 1 of the NW ¼ of the NW ¼ and
The South ½ of the NW ¼ in Section 29,
Township 89 North, Range 2 East of the 5th
P.M., Dubuque County, Iowa
Lot 1 of Dubuque Industrial Center Seventh
Addition in the City of Dubuque, Iowa
Lot 2 McFadden Farm Place #2; and
Whereas, the terms of the Agreement have
been fulfilled.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts
the Deed from McFadden Family Partnership,
L.L.P., attached hereto.
Section 2. The City Clerk is hereby author-
ized and directed to record this Resolution and
the Deed with the Dubuque County Recorder.
Passed, approved and adopted this 21st
day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
20. Tobacco Compliance – Civil Penalty for
Tobacco License Holder – The Konnexion
Dubuque: City Manager recommending ap-
proval of the Acknowledgement/Settlement
Agreement for a tobacco compliance violation
for The Konnexion, 1099 University Ave. Upon
motion the documents were received, filed and
approved.
21. Alcohol License Applications: City
Manager recommending approval of annual
beer, liquor and wine licenses as submitted.
Upon motion the documents were received
and filed and Resolution No. 321-15 Approving
applications for beer, liquor, and/or wine per-
mits, as required by City of Dubuque Code of
Ordinances Title 4 Business and License Reg-
ulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits
was adopted.
RESOLUTION NO. 321-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Eagle Country Market, 1800 Elm St., Class E
Liquor, Class B Wine, Class B Beer (Sun-
day)
Phillips 66/Arby’s, 10 South Main, Class C
Beer (Sunday)
Europa Café of Dubuque, 4031 Pennsylvania
Ave., Special Class C liquor
Wal-Mart #2004, 4200 Dodge St., Class E
Liquor, Class B Wine, Class B Beer (Sun-
day)
326 Regular Session, September 21 2015 Book 145
New
The Bait Shack, 2095 Kerper Blvd., Class B
Beer (Sunday)
Special Event
Dubuque Jaycees 10-3-15, 4th St. and Bluff,
Class B Beer (Outdoor)
Passed, approved and adopted this 21st
day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Jones. Motion carried 6-0.
1. Sale of Property at 1501- 1503 Bluff
Street: City Manager recommending that a
public hearing be set for October 5, 2015, for
the purpose of disposing of City- owned real
property at 1501-1503 Bluff Street to Ethan D.
and Valerie R. Winn. Upon motion the docu-
ments were received and filed and Resolution
No. 322-15 Resolution of Intent to Dispose of
an Interest in City of Dubuque Real Estate,
Setting a Time and Place for Hearing and
Providing for the Publication of Notice Thereof
was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on October
5, 2015 in the Historic Federal Building.
RESOLUTION NO. 322-15
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE, SET-
TING A TIME AND PLACE FOR HEARING
AND PROVIDING FOR THE PUBLICATION
OF NOTICE THEREOF
Whereas, the City of Dubuque has ob-
tained certain real property in connection with
the Purchase/Rehabilitation/Re-sale Project;
and
Whereas, such rehabilitation is complete
and the certain real property is ready for re-
sale; and
Whereas, the City of Dubuque has re-
ceived an offer to purchase this certain real
property from Ethan and Valeria Winn; and
Whereas, by accepting this offer to pur-
chase, the City of Dubuque’s objectives of
increased home ownership by income qualified
individuals and rehabilitation of vacant homes
are further realized.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
intends to dispose of its interest in the follow-
ing legally described property:
The Easterly 90 feet of the Northerly 40
feet of Lot 3, and the Easterly 100 feet
of the Southerly 2 feet of Lot 4 in D.N.
Cooley’s subdivision of out lots 667,
668 and 669 in the City of Dubuque,
Iowa according to the recorded plat
thereof:
1501-03 Bluff Street (the Property).
Section 2. That the City of Dubuque, Iowa
proposes to dispose of its interest in the Prop-
erty to Ethan and Valeria Winn for the sum of
$75,000.00.
Section 3. That the City Clerk is hereby au-
thorized and directed to cause this Resolution
and a notice to be published as prescribed by
Iowa Code Section 364.7 of a public hearing
on the City’s intent to dispose of the Property
to be held on the 5th day of October, 2015, at
6:30 o’clock p.m. at the Historical Federal
building, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved, and adopted this 21st
day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Request to Vacate - Sanitary Sewer
Easement 3045 Indiana Court: City Manager
recommending that a public hearing be set for
October 19, 2015, on the disposal of a sanitary
sewer easement across Lot 1 of Indiana Sub-
division No. 2 in the City of Dubuque. Upon
motion the documents were received and filed
and Resolution No. 323-15 Resolution of Intent
to Vacate and Dispose of City Interest in a
Sanitary Sewer Easement Over and Across
Lot 1 of Indiana Subdivision No. 2 in the City of
Dubuque, Dubuque County, Iowa was adopted
setting a public hearing for a meeting to com-
mence at 6:30 p.m. on October 19, 2015 in the
Historic Federal Building.
RESOLUTION NO. 323-15
INTENT TO VACATE AND DISPOSE OF
CITY INTEREST IN A SANITARY SEWER
EASEMENT OVER AND ACROSS LOT 1 OF
INDIANA SUBDIVISION NO. 2 IN THE CITY
OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Eric M. Bakken is the current
owner of Lot 1 of Indiana Subdivision No. 2 in
the City of Dubuque, Dubuque County, Iowa;
and
Whereas, a sanitary sewer easement was
created over Lot 1 of Indiana Subdivision No. 2
according to the Final Plat of Indiana Subdivi-
sion recorded as file number 2005-00015775
in the office of the Dubuque County Recorder
and per City of Dubuque Resolution Number
341-05; and
Whereas, in 2009 Bakken had constructed
a residential building over the city sanitary
sewer main and easement; and
Whereas, in 2011 the City and the property
owner executed an agreement by which the
property owner would relocate the sanitary
sewer main away from the residence and grant
Book 145 Regular Session, September 21, 2015 327
the City a new easement covering the new
sewer location; and
Whereas, the property owner has relocated
the sanitary sewer main and has granted the
new easement; and
Whereas, per the agreement with Bakken,
the City is responsible for vacating the former
easement area under Bakken’s residence.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, in-
tends to vacate and dispose of its interest in
the sanitary sewer easement across said Lot 1
of Indiana Subdivision No. 2 in the City of
Dubuque, Dubuque County, Iowa, as shown
on the attached Exhibit.
Section 2. That the City Clerk be and is
hereby authorized and directed to cause a
notice of intent to dispose of said interest to be
published in the manner as prescribed by law.
Passed, approved and adopted this 21st
day of September, 2015.
Lynn V. Sutton, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
3. Greater Downtown Urban Renewal Dis-
trict - Urban Renewal Plan Amendment: City
Manager recommending adoption of a Resolu-
tion of Necessity that finds that an amendment
to the Amended and Restated Urban Renewal
Plan for the Greater Downtown Urban Renew-
al District is both necessary and appropriate,
and sets a public hearing on the proposed
amendment for October 19, 2015. Upon mo-
tion the documents were received and filed
and Resolution No. 324-15 Resolution of Ne-
cessity Finding That Certain Areas Included
Within The Greater Downtown Urban Renewal
District Meet the Definition of a Blighted Area
or an Economic Development Area Under the
Urban Renewal Law, and That Development of
Said Areas is Necessary in the Interest of the
Residents of the City of Dubuque, Iowa and
Setting Dates of Hearing and Consultation on
a Proposed Amendment to the Amended and
Restated Urban Renewal was adopted setting
a public hearing for a meeting to commence at
6:30 p.m. on October 19, 2015 in the Historic
Federal Building.
RESOLUTION NO. 324-15
RESOLUTION OF NECESSITY FINDING
THAT CERTAIN AREAS INCLUDED WITHIN
THE GREATER DOWNTOWN URBAN RE-
NEWAL DISTRICT MEET THE DEFINITION
OF A BLIGHTED AREA OR AN ECONOMIC
DEVELOPMENT AREA UNDER THE URBAN
RENEWAL LAW, AND THAT DEVELOP-
MENT OF SAID AREAS IS NECESSARY IN
THE INTEREST OF THE RESIDENTS OF
THE CITY OF DUBUQUE, IOWA AND SET-
TING DATES OF HEARING AND CONSUL-
TATION ON A PROPOSED AMENDMENT
TO THE AMENDED AND RESTATED UR-
BAN RENEWAL PLAN FOR SAID DISTRICT
Whereas, the City Council of the City of
Dubuque has heretofore approved the
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District (the “District”) in order to provide rede-
velopment opportunities which will further the
purposes and objectives of the foregoing Ur-
ban Renewal Plan; and
Whereas, City staff has recommended that
the Urban Renewal Plan be amended to add
additional project details, including an adminis-
trative office facility project to be undertaken
by Dubuque County within the District; and
Whereas, Chapter 403 of the Iowa Code
requires that before urban renewal authority
may be exercised, a City Council must adopt a
resolution of necessity finding that the area in
question is a slum, blighted or economic de-
velopment area, and that so designating such
area is necessary in the interest of the public
health, safety or welfare of the residents of the
municipality.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Sub-areas generally
described in the Urban Renewal Plan for the
Greater Downtown Urban Renewal District,
are blighted and/or economic development
areas as defined by Chapter 403 of the Iowa
Code and are appropriate for an urban renew-
al project.
Section 2. That the development of the
above-described Sub-areas is necessary and
appropriate to facilitate the proper growth and
development of the community in accordance
with sound planning and local community ob-
jectives.
Section 3. That the City Manager is author-
ized and directed to prepare an Amended and
Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District to accom-
plish the foregoing purposes and objectives, to
include in such Plan any appropriate project
activities and details, and to determine an ap-
propriate date for and conduct the consultation
process required by law with affected taxing
entities concerning the proposed amendment.
Section 4. That the City Council hold a
public hearing on the adoption of the proposed
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District on October 19, 2015 at 6:30 p.m. in the
Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa 52001. The notice of said
hearing shall generally identify the areas cov-
ered by the Amended and Restated Plan and
the general scope of the urban renewal activi-
ties planned for such areas, and said notice
shall be published and available to the public
328 Regular Session, September 21 2015 Book 145
not less than four days nor more than twenty
days before the date of said meeting. A copy
of the notice of public hearing shall be sent by
ordinary mail to the affected taxing entities.
Section 5. That the City Clerk is further di-
rected to send by ordinary mail a copy of said
Amended and Restated Urban Renewal Plan,
the notice of public hearing, and, to the extent
the amendment includes the use of tax incre-
ment revenues for a public building, an analy-
sis of alternative development and funding
options for such public buildings, to the Dubu-
que Community School District and the County
Board of Supervisors, as the affected taxing
entities.
Passed, approved and adopted this 21st
day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards/Commissions.
1. Civic Center Advisory Commission: One,
3-year term through June 29, 2016 (Vacant
term of Scott). Applicant: A. Alanda Gregory,
1560 Iowa St. #3.
2. Housing Commission: Two, 3-year terms
through August 17, 2018 (Expiring term of
Fernandes and Vacant term of Holz) Appli-
cants: Anna Fernandes, 2191 Broadlawn Rd.;
Jill Kedley, 237 Southgate Dr.
3. Transit Advisory Board: One, 3-year
term through July 30, 2016 (Vacant term of
Knight). Applicants: Joel Lightcap, 1985 Alta
Vista St.; Carrie Lohrmann, 1879 Denver Dr.
#7B
Appointments were made to the following
commissions.
1. Environmental Stewardship Advisory
Commission: One, 3-year term through Octo-
ber 1, 2018 (Expired term of Koch). Applicant:
David Koch, 1950 Admiral St. Motion by Braig
to appoint David Koch to a 3-year term through
October 1, 2018. Seconded by Resnick. Mo-
tion carried 6-0.
2. Historic Preservation Commission: One,
3-year term through July 1, 2017 (Vacant term
of Lawson - Cathedral Historic District). Appli-
cant: John Mc Andrews, 350 W. 1st St. (Quali-
fies for Cathedral Historic District Resident)
Four, 3-year terms through July 1, 2018
(Vacant terms of Krueger At-Large and Happ-
Olson At-Large) (Mc Andrews At- Large) and
(Rapp Old Main Historic District Interim). Ap-
plicants: Emily Hilgendorf, 1511 N. Algona St.
(Qualifies for At-Large) (Additional Applicant);
Robert McDonell, 4050 Peru Rd. (Qualifies for
At-Large / Current Jackson Park Historic Dis-
trict Interim applying for At-Large); Susan
Price, 653 ½ White St. (Qualifies for At-Large);
D. Joseph Rapp, 27 Locust St. (Old Main His-
toric District – Interim)
The City Council discussed the application
of Susan Price. Motion by Jones to appoint
John McAndrews to a 3-year term for the Ca-
thedral Historic District Resident through July
1, 2017; and Emily Hilgendorf and Robert
McDonell to 3-year, At-Large terms through
July 1, 2018; and D. Joseph Rapp to a 3-year
Old Main Historic District Interim term through
July 1, 2018. Seconded by Connors. Motion
carried 5-1 with Braig voting nay.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the following items.
1. Rezoning Request - 3275 Pennsylvania
Ave: Proof of publication on notice of public
hearing to consider a request by Horizon De-
velopment Group, Inc. (Applewood Senior
Apartments) to rezone property from R-1 Sin-
gle Family Residential District to PR Planned
Residential District to permit construction of a
60-unit senior apartment residence and the
Zoning Advisory Commission recommending
approval with conditions. 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. Planning Services Manager Laura Car-
stens provided a staff report. Scott Kwiecinski,
Development Manager for Horizon Develop-
ment Group, Madison, WI spoke in support of
the request. Motion carried 6-0.
Motion by Connors for final consideration
and passage of Ordinance No. 58-15 Amend-
ing Appendix A (The Zoning Ordinance) of the
City of Dubuque Code of Ordinances by Re-
classifying Hereinafter Described Property
Located at 3275 Pennsylvania Avenue From
R-1 Single-Family Residential District To PUD
Planned Unit Development District With a PR
Planned Residential District Designation, and
Adopting a Conceptual Development Plan for
Applewood Senior Housing Phase IV. Se-
conded by Lynch. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 58-15
AMENDING APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF DUBUQUE
CODE OF ORDINANCES BY RECLASSIFY-
ING HEREINAFTER DESCRIBED PROPER-
TY LOCATED AT 3275 PENNSYLVANIA
AVENUE FROM R-1 SINGLE-FAMILY RESI-
DENTIAL DISTRICT TO PUD PLANNED
UNIT DEVELOPMENT DISTRICT WITH A PR
Book 145 Regular Session, September 21, 2015 329
PLANNED RESIDENTIAL DISTRICT DESIG-
NATION, AND ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN FOR APPLEWOOD
SENIOR HOUSING PHASE IV
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassify-
ing the hereinafter-described property from R-
1 Single-Family Residential District to PUD
Planned Unit Development District with a PR
Planned Residential District designation, and
adopting a conceptual development plan, a
copy of which is attached to and made a part
hereof, is hereby adopted and approved for
the following described property, to wit:
Lot 2 Lange Estate, and to the cen-
terline of the adjoining public right-
of-way, all in the City of Dubuque,
Iowa.
A. Use Regulations.
The following regulations shall apply to all
uses made of land in the above- described PR
Planned Residential District:
1. Principal permitted uses shall be lim-
ited to 60 senior housing dwelling units.
2. No secondary or contingency uses
shall be permitted.
3. Accessory uses shall include any
use customarily incidental and subordi-
nate to the principal use it serves.
B. Lot and Bulk Regulations.
Development of land in the PR Planned
Residential District shall be regulated as fol-
lows:
1. Building #4 shall be located in sub-
stantial conformance with the approved
conceptual development plan.
2. Building #4 shall have a minimum
20-foot front yard setback, a minimum
15-foot side yard setback, and a mini-
mum 30-foot rear yard setback.
3. Maximum building height of 45 feet
measured at the south building wall
from average grade level to roof peak.
C. Performance Standards
The development and maintenance of uses
in this PR Planned Residential District shall be
regulated as follows:
1. Parking Regulations
a. Off-street parking shall be pro-
vided based on the approved con-
ceptual plan with 30 spaces provid-
ed in front of the building and 60
spaces in underground parking.
b. All vehicle-related features shall
be surfaced with either asphalt or
concrete.
c. Curbing and proper surface
drainage of storm water shall be
provided.
d. All parking and loading spaces
shall be delineated on the surfacing
material by painted stripes or other
permanent means.
e. The number, size and design of
parking spaces shall be governed
by applicable provisions of City of
Dubuque Ordinances enforced at
the time of development of the lot.
f. The number, size, design, and lo-
cation of parking spaces designated
for persons with disabilities shall be
according to the local, state, or fed-
eral requirements in effect at the
time of development.
2. Site Lighting
a. Exterior illumination of site fea-
tures shall be limited to the illumina-
tion of the following:
i. Parking areas, driveways and
loading facilities.
ii. Pedestrian walkway surfaces
and entrances to building.
iii. Building exterior.
b. Location and Design
i. No light source shall provide il-
lumination onto adjacent lots,
buildings or streets in excess of
1.0 foot candle.
ii. All exterior lighting luminaries
shall be designed and installed
to shield light from the luminar-
ies at angles above 72-degrees
from vertical.
iii. Fixtures mounted on a build-
ing shall not be positioned high-
er than the roofline of the build-
ing.
iv. All electrical service lines to
posts and fixtures shall be un-
derground and concealed inside
the posts.
3. Landscaping: Landscaping shall be pro-
vided in compliance with Section 13-4 Land-
scaping and Screening Requirements of the
Unified Development Code.
4. Storm Water Management: The devel-
oper of each lot shall be responsible for provid-
ing surface or subsurface conveyance(s) of
storm water from the lot to existing storm sew-
ers or to flow line of open drainage ways out-
side the lot in a means that is satisfactory to
the Engineering Department of the City of
Dubuque. Other applicable regulations en-
forced by the City of Dubuque relative to storm
water management and drainage shall apply to
properties in the PUD District.
5. Exterior Trash Collection Areas
a. The storage of trash and debris shall
be limited to that produced by the prin-
cipal permitted use and accessory uses
of the lot.
330 Regular Session, September 21 2015 Book 145
b. All exterior trash collection areas and
the materials contained therein shall be
visually screened from view. The
screening shall be completely opaque
fence, wall or other feature not exceed-
ing a height of 10 feet measured from
the ground level outside the line of the
screen. Screens built on sloping grades
shall be stepped so that their top line
shall be horizontal. Exposed materials
used to construct the opaque screen
shall be similar in appearance to mate-
rials used for exterior building walls. All
exterior entrances to a screened trash
area shall be provided with a gate or
door of similar design to that of the
screen.
If a 10-foot high screen fails to
shield the exterior trash collection area
from view from points inside or outside
of the property, evergreen plantings
may be required in addition to the
screening. Evergreen plant materials
shall be selected and designed so that
they will screen the area from all off-
site visibility within five (5) years.
6. Final site development plans shall be
submitted in accordance with Section 4-4
of the Zoning Ordinance prior to construc-
tion of any buildings.
D. Open Space and Recreation Areas:
Open space and landscaping in the PR
Planned Residential District shall be regulated
as follows. Those areas not designated on the
conceptual development plan shall be main-
tained as open space, as defined by Section 8
of the Zoning Ordinance of the City of Dubu-
que, Iowa by the property owner and/or asso-
ciation.
E. Sign Regulations
1. Signs in the Planned Residential Dis-
trict shall be regulated in accordance
with the R-4 Multi-Family Residential
Zoning District sign regulations of the
Zoning Ordinance.
2. Variance requests from sign re-
quirements for size, number and height
shall be reviewed by the Zoning Board
of Adjustment in accordance with Sec-
tion 5-3 of the Zoning Ordinance.
F. Other Codes and Regulations
1. Service Lines. All electric, telephone,
cable, or other similar utility lines serv-
ing the building and other site features
shall be located underground.
2. The use of semi-trailers and shipping
containers for storage is prohibited.
3. These regulations do not relieve the
owner from other applicable city, coun-
ty, state or federal codes, regulations,
laws and other controls relative to the
planning, construction, operation and
management of property within the city
of Dubuque.
G. Transfer of Ownership: Transfer of
ownership or lease of property in this PR
Planned Residential District shall include the
transfer or lease agreement a provision that
the purchaser or lessee acknowledges aware-
ness of the conditions authorizing the estab-
lishment of the district.
H. Occupancy Permits: No occupancy
permit shall be issued by the City of Dubuque
for property included in the subject planned
unit development district until full compliance
with this ordinance has been achieved.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. The foregoing amendment shall
take effect upon publication, as provided by
law.
Passed, approved and adopted this 21st
day of September, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin. S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 25th day of September,
2015.
/s/Kevin S. Firnstahl, City Clerk
2. Rezoning Request - 412 Loras Blvd:
Proof of publication on notice of public hearing
to consider a request by Jenk Enterprises, Inc.
to rezone property from OR Office Residential
District to OC Office Commercial District to
permit a bridal shop and the Zoning Advisory
Commission recommending approval. Motion
by Lynch to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Connors. Applicant
Cathleen Enabnit of Jenk Enterprises spoke in
support of the request. Planning Services
Manager Laura Carstens provided a staff re-
port. Motion carried 6-0.
Motion by Lynch for final consideration and
passage of Ordinance No. 59-15 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by reclas-
sifying hereinafter described property located
at 412 Loras Blvd. from OR Office Residential
District to OC Office Commercial District. Se-
conded by Connors. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 59-15
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 412 LORAS
Book 145 Regular Session, September 21, 2015 331
BOULEVARD FROM OR OFFICE RESIDEN-
TIAL DISTRICT TO OC OFFICE COMMER-
CIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter–described property from
OR Office Residential District to OC Office
Commercial District, to wit:
Lot 1 A. L. Browns Subdivision, and to
the centerline of the adjoining public
right- of-way, all in the City of Dubuque,
Iowa.
Section 2. That the foregoing amendment
has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publication as provided by
law.
Passed, approved and adopted this 21st
day of September, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin. S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 25th day of September,
2015.
/s/Kevin S. Firnstahl, City Clerk
3. Rezoning Request - 468 E. 12th Street:
Proof of publication on notice of public hearing
to consider a request by M-M&M, LLC to re-
zone property from Planned Unit Development
with a PC Planned Commercial District desig-
nation to MHI Modified Heavy Industrial District
and the Zoning Advisory Commission recom-
mending denial. Motion by Jones to receive
and file and concur with the denial. Seconded
by Connors. Phil Mihalakis, 2602 Hacienda
Dr., spoke in favor of the rezoning and re-
sponded to questions from the City Council
regarding development plans. Planning Ser-
vices Manager Laura Carstens provided a staff
report. Ms. Carstens and Zoning Advisory
Commission Chairperson Patrick Norton re-
sponded to questions from the City Council
regarding allowed uses and the application
process. Motion carried 4-2 with Lynch and
Sutton voting nay.
4. Lake Eleanor Lift Station and Water
Main Extension Project: Proof of publication on
notice of public hearing to consider the ap-
proval of the construction plans, specifications,
form of contract and estimated cost for the
Lake Eleanor Road Lift Station and Water
Main Extension Project and the City Manager
recommending approval. Motion by Jones to
receive and file the documents and adopt
Resolution No. 325-15 Approval of Plans,
Specifications, Form of Contract, and Estimat-
ed Cost for the Lake Eleanor Lift Station Pro-
ject. Seconded by Connors. Motion carried 6-0.
RESOLUTION NO. 325-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE LAKE ELEANOR LIFT
STATION PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Lake Eleanor Lift Station Project, in the esti-
mated amount $496,755.00, are hereby ap-
proved.
Passed, adopted and approved this 21st
day of September, 2015.
Lynn V. Sutton, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
5. Federal Building Lease - Iowa State
University: Proof of publication on notice of
public hearing to consider a Lease Agreement
between the City of Dubuque and the Iowa
State University in the Historic Federal Build-
ing and the City Manager recommending ap-
proval. Motion by Braig to receive and file the
documents and adopt Resolution No. 326-15
Approving the Disposal of an Interest in Real
Property Owned by the City of Dubuque by
Lease Between the City of Dubuque, Iowa and
Iowa State University of Science and Technol-
ogy. Seconded by Resnick. Motion carried 6-0.
RESOLUTION NO. 326-15
APPROVING THE DISPOSAL OF AN IN-
TEREST IN REAL PROPERTY OWNED BY
THE CITY OF DUBUQUE BY LEASE BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND IOWA STATE UNIVERSITY of Science
and Technology
Whereas, the City of Dubuque, Iowa (City)
owns the real property described as the Histor-
ic Federal Building, located at 350 West 6th
Street in the City of Dubuque, Iowa; and
Whereas, City and Iowa State University of
Science and Technology have negotiated a
Lease Agreement for space in the Historic
Federal Building, a copy of which Lease
Agreement is on file at the office of the City
Clerk, City Hall, 13th and Central Avenue,
Dubuque, Iowa; and
Whereas, on September 21, 2015, the City
Council pursuant to notice published as re-
quired by law held a public hearing on its intent
to dispose of the foregoing interest in real
property and overruled all objections thereto;
Whereas, the City Council believes it is in
the best interests of the City of Dubuque to
approve the Lease Agreement.
332 Regular Session, September 21 2015 Book 145
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Lease Agreement between
City and Iowa State University of Science and
Technology is hereby approved and the City
Manager is authorized to execute said Lease
Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 21st
day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
6. Fiscal Year 2016 First Budget Amend-
ment: Proof of publication on notice of public
hearing to approve the first Fiscal Year 2016
Budget Amendment, which amends the Fiscal
Year 2016 budget for City Council actions
since the beginning of the fiscal year and in-
cludes items for which City Council has ex-
pressed support and the City Manager rec-
ommending approval. Motion by Connors to
receive and file the documents and adopt
Resolution No. 327-15 Amending the Current
Budget for the Fiscal Year Ending June 30,
2016. Seconded by Jones. Budget Director
Jenny Larson responded to questions from the
City Council about the referenced budgeted
items and public/private funding amounts for
the skate park. Motion carried 6-0.
~ Continued
Book 145 Regular Session, September 21, 2015 333
RESOLUTION No. 327-15
A RESOLUTION AMENDING THE CURRENT BUDGET
FOR FISCAL YEAR ENDING JUNE 30, 2016
Be it Resolved by the City Council of Dubuque:
Section 1. Following notice published 9-10-15 and the public hearing held 9-21-201 the current
budget (as previously amended) is amended as set out herein and in the detail by fund and activity that
supports this resolution which was considered as that hearing.
Total Budget
as certified
or last
amended
Current
Amendment
Total Budget
after Current
Amendment
Revenues & Other Financing Sources
Taxes Levied on Property 1 24,082,860 0 24,082,860
Less: Uncollected Property Taxes-Levy Year 2 0 0 0
Net Current Property Taxes 3 24,082,860 0 24,082,860
Delinquent Property Taxes 4 0 0 0
TIF Revenues 5 9,866,823 0 9,866,823
Other City Taxes 6 16,693,150 0 16,693,150
Licenses & Permits 7 1,652,955 0 1,652,955
Use of Money and Property 8 12,258,833 797,411 13,056,244
Intergovernmental 9 37,519,418 31,417,889 68,937,307
Charges for Services 10 40,375,398 1,020 40,376,418
Special Assessments 11 54,000 91,667 145,667
Miscellaneous 12 8,360,701 1,938,669 10,299,370
Other Financing Sources 13 50,382,376 -4,530,563 45,851,813
Transfers In 14 24,017,186 4,168,933 28,186,119
Total Revenues and Other Sources 15 225,263,700 33,885,026 259,148,726
Expenditures & Other Financing Uses
Public Safety
16 27,915,176 376,499 28,291,675
Public Works 17 13,085,057 418,789 13,503,846
Health and Social Services 18 1,061,444 66,365 1,127,809
Culture and Recreation 19 11,327,820 462,243 11,790,063
Community and Economic Development 20 12,712,312 481,596 13,193,908
General Government 21 7,768,723 166,782 7,935,505
Debt Service 22 9,948,088 0 9,948,088
Capital Projects
23 39,757,912 55,473,608 95,231,520
Total Government Activities Expenditures 24 123,576,532 57,445,882 181,022,414
Business Type / Enterprises 25 78,694,186 30,464,228 109,158,414
Total Gov Activities & Business Expendi-
tures 26 202,270,718 87,910,110 290,180,828
Transfers Out 27 24,017,186 4,168,933 28,186,119
Total Expenditures/Transfers Out 28 226,287,904 92,079,043 318,366,947
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out Fiscal Year 29 -1,024,204 -58,194,017 -59,218,221
Beginning Fund Balance July 1 30 22,664,094 79,427,047 102,091,141
Ending Fund Balance June 30 31 21639890 21233030 42872920
Passed, approved and adopted this 21st day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
334 Regular Session, September 21, 2015 Book 145
7. Bunker Hill Golf Course Irrigation Phase
2 Project: Proof of publication on a notice of
public hearing to consider the approval of the
plans, specifications, form of contract and es-
timated cost for the Bunker Hill Irrigation Re-
placement Phase 2 Project and the City Man-
ager recommending approval. Motion by Braig
to receive and file the documents and adopt
Resolution No. 328-15 Approval of Plans,
Specifications, Form of Contract, and Estimat-
ed Cost for the Bunker Hill Irrigation Replace-
ment Phase 2. Seconded by Connors. Parks
Manager Dan Kroger responded to questions
from the City Council regarding Bunker Hill’s
revenues as an Enterprise Fund and funding
for project costs. Motion carried 6-0.
RESOLUTION NO. 328-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE BUNKER HILL IRRIGATION
REPLACEMENT PHASE 2
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Bunker Hill Irrigation Replacement Phase 2, in
the estimated cost of $175,042, are hereby
approved.
Passed, adopted and approved this 21st
day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
8. Sale of Property - 2525 Windsor Ave-
nue: Proof of publication on notice of public
hearing to consider sale of 2525 Windsor Ave-
nue to Ted Stackis Construction and the City
Manager recommending approval. Motion by
Connors to receive and file the documents and
adopt Resolution No. 329-15 Disposing of City
Interest in Real Property Located at 2525
Windsor Avenue, in the City of Dubuque, Iowa.
Seconded by Jones. Responding to questions
from the City Council, Housing and Community
Development Director Alvin Nash provided
background on the property’s ownership. Mo-
tion carried 6-0.
RESOLUTION NO. 329-15
DISPOSING OF CITY INTEREST IN REAL
PROPERTY LOCATED AT 2525 WINDSOR
AVENUE, IN THE CITY OF DUBUQUE, IO-
WA
Whereas, the City Council, by Resolution
No. 307-15, dated September 8, 2015, de-
clared its intent to dispose of City interest in
real property located at 2525 Windsor Avenue,
legally described as:
Lot 24 in Stafford’s Addition to the City
of Dubuque, Iowa (the Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on September 21, 2015 at 6:30 p.m. in
the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa; and
Whereas, it is the determination of the City
Council that approval of the real estate con-
tract with Ted Stackis Construction according
to the terms and conditions set out in the con-
tract is in the public interest of the City of
Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. The land contract by and be-
tween the City of Dubuque and Ted Stackis
Construction for the sale of the Property, a
copy attached hereto, is hereby approved.
Section 2. The Mayor and City Clerk are
hereby authorized and directed to execute the
real estate contract and special warranty deed.
Section 3. Upon satisfaction of all terms
and conditions in the real estate contract, the
City Clerk is hereby authorized and directed to
cause the special warranty deed to be record-
ed in the Office of the Dubuque County Re-
corder, together with a certified copy of the
Resolution.
Passed, approved, and adopted this 21st
day of September, 2015.
Lynn V. Sutton, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Sister City Relationships Advisory
Commission: Chairperson Dick Landis provid-
ed a presentation of the activities of the Com-
mission. Topics included: a history of the
Commission, background on Dubuque’s three
Sister Cities, Commission activities, outcomes
and strategic planning. Motion by Jones to
receive and file the information. Seconded by
Resnick. Motion carried 6-0.
2. Secondhand Dealer Business License
Appeal - Ace Construction, 460 West Locust
Street: Louis Mihalakis, owner of Ace Con-
struction, requests that the City Council review
his appeal and that he be heard on the matter
regarding the denial of a Secondhand Dealers
Business License for Ace Construction. Re-
stated motion by Lynch to receive and file the
documents and concur with the City Manager’s
recommendation to deny the license. Second-
ed by Jones. Attorney Susan Hess, 775 Sinsi-
nawa Ave., East Dubuque, IL, abd represent-
ing Mr. Mihalakis, cited his qualifications, con-
tract work for the City of Dubuque, and
acknowledged past violations. She requested
Book 145 Regular Session, September 21, 2015 335
that the City Manger’s decision be reversed.
Responding to questions by the City Council,
Planning Services Manager Laura Carstens
provided background on a related previous
zoning denial and current code violation. Po-
lice Chief Mark Dalsing provided information
on Mr. Mihalakis’ criminal record as it pertains
to the City’s ordinance. Motion carried 6-0.
3. Name Change Proposal - Multicultural
Family Center, 1157 Central Avenue: The
Dubuque Branch of the NAACP submitting a
proposal to rename the Multicultural Family
Center located at 1157 Central Avenue to The
Ruby Sutton Multicultural Family Center, and
the Multicultural Family Center Board of Direc-
tors submitting correspondence. Mayor Pro
Tem Sutton asked that the item be tabled to
provide time for her family to grief the loss of
her mother. Jones explained that while the City
owns the building, the name of the Center is
controlled by the MFC Board of Directors. Mo-
tion by Braig to table the item. Seconded by
Lynch. Motion carried 6-0.
4. Consent to Sale and Release Liens of
Property - 759 Bluff Street: City Manager rec-
ommending approval of a resolution approving
the Agreement to Release Liens and Consent
to Sale, the Amended and Restated Agree-
ment for Covenants and Restrictions, the Re-
lease of Real Estate Mortgage, and Termina-
tion of Notes relating to the sale of 759 Bluff
Street by 759 Bluff, LP to Hills and Dales Child
Development Center. Motion by Jones to re-
ceive and file the documents and adopt Reso-
lution No. 330-15 Approving the Agreement to
Release Liens and Consent to Sale Between
759 Bluff, LP and the City of Dubuque, Iowa
and the Release of Liens by the City of Dubu-
que. Seconded by Connors. City Attorney Lin-
dahl explained the City’s lien responsibility with
the property. Motion carried 6-0.
RESOLUTION NO. 330-15
APPROVING THE AGREEMENT TO RE-
LEASE LIENS AND CONSENT TO SALE
BETWEEN 759 BLUFF, LP AND THE CITY
OF DUBUQUE, IOWA AND THE RELEASE
OF LIENS BY THE CITY OF DUBUQUE
Whereas, 759 Bluff, LP is the owner of cer-
tain real estate and improvements thereon
locally known as 759 Bluff Street in Dubuque,
Iowa (the Real Estate); and
Whereas, 759 Bluff, LP leases the Real
Estate to clients of Hills and Dales Child De-
velopment Center (Hills and Dales), an Iowa
nonprofit corporation. Step by Step, Inc. (Step
by Step) is listed as agent in such leases; and
Whereas, Hills and Dales facilitates an ac-
cessible residence for 8 persons on the Real
Estate consistent with the mission of Hills and
Dales and in compliance with the various rec-
orded restrictions and required uses of the
Real Estate; and
Whereas, 759 Bluff, LP intends to enter in-
to an Offer to Buy Real Estate and Ac-
ceptance, as Seller, with Hills and Dales Child
Development Center, as Buyer, for the Real
Estate; and
Whereas, the City of Dubuque has various
liens against the Real Estate, which liens se-
cure certain grants in favor of 759 Bluff, LP as
required by certain restrictions and conditions;
and
Whereas, in consideration of Hills and
Dales acquiring the Real Estate, and in further
consideration of Hills and Dales agreeing to be
bound by the covenants and restrictions on the
Real Estate, the City, in order to carry out the
initial intent and purpose of its association with
the Real Estate for the benefit of 759 Bluff, LP
and Step by Step, has been requested to
agree and consent to the sale of the Real Es-
tate by 759 Bluff, LP to Hills and Dales, subject
to the conditions in the Agreement to Release
Liens and Consent to Sale, including the re-
quirement that the City will agree to release all
of the liens (or any other liens in favor of City
with respect to the Real Estate) by appropriate
releases of mortgages or a termination of fi-
nancing statements or otherwise in order that
759 Bluff, LP may produce marketable record
title to Hills and Dales at the closing as set out
in the Offer; and
Whereas, the City Council has determined
that approval of the Agreement to Release
Liens and Consent to Sale, and the accompa-
nying Amended and Restated Agreement for
Covenants and Restrictions, Release of Real
Estate Mortgage, and Termination of Notes is
in the best interests of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Agreement to Release
Liens and Consent to Sale, the Amended and
Restated Agreement for Covenants and Re-
strictions, the Release of Real Estate Mort-
gage, and Termination of Notes are approved.
Section 2. That the City Manager is hereby
authorized and directed to take such further
and necessary action as may be necessary to
comply with the Agreement to Release Liens
and Consent to Sale, the Amended and Re-
stated Agreement for Covenants and Re-
strictions, the Release of Real Estate Mort-
gage, and Termination of Notes.
Passed, approved and adopted this 21st
day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment – Title
14 Plumbing Code Board: City Manager rec-
ommending approval of an ordinance which
336 Regular Session, September 21, 2015 Book 145
adds a new Title 14, Chapter 1, Article H, Sec-
tion 14-1H-7 which establishes the Plumbing
Code Board and provides for the powers, op-
eration, membership and meetings. Motion by
Jones to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Connors. Motion carried
6-0.
Motion by Jones for final consideration and
passage of Ordinance No. 61-15 Amending
City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building
Codes, Article H Plumbing Code by adopting a
new Section 14-1H-7 Establishing the Plumb-
ing Code Board and providing for the powers,
operation, membership, and meetings. Se-
conded by Connors. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 61-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING
CODES, ARTICLE H PLUMBING CODE BY
ADOPTING A NEW SECTION 14-1H-7 ES-
TABLISHING THE PLUMBING CODE
BOARD AND PROVIDING FOR THE POW-
ERS, OPERATION, MEMBERSHIP, AND
MEETINGS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 14, Chapter 1, Article H of
the City of Dubuque Code of Ordinances is
amended as follows:
. . . .
14-1H-2: INTERNATIONAL PLUMBING
CODE AMENDMENTS: The following addi-
tions, deletions, modifications, or amendments
of the international plumbing code, 2012 edi-
tion, adopted in section 14-aH-1 of this article
to read as follows:
. . . .
Sec. 109. Means of Appeal. See 14-1H-3.
. . . .
14-1H-7: PLUMBING CODE BOARD:
A. Board Created: There is hereby created
the Plumbing Code Board.
B. Purpose: The purpose of the board is to
determine the suitability of alternative materi-
als and methods of installation; to provide for
reasonable interpretations of the International
Plumbing Code; to serve as an appeal body
for the decisions of the building official; and to
advise the city council on all plumbing regula-
tions and procedures.
C. Internal Organization And Rules: The
board may adopt rules and regulations to gov-
ern its organizational procedures as may be
necessary and which are not in conflict with
this Code of Ordinances or the Iowa Code.
D. Procedures For Operation: All adminis-
trative, personnel, accounting, budgetary, and
procurement policies of the city govern the
board in all its operations.
E. Membership:
1. The board comprises five (5) resi-
dents of the city, appointed by the city
council.
2. Residents must be eighteen (18)
years of age or older.
3. Special Qualifications.
a. One (1) member must hold a li-
cense as a journeyman plumber of
at least five (5) years’ experience;
b. Two (2) members must be mas-
ter plumbers who have engaged in
the plumbing business as master
plumbers for at least five (5) years
in this city;
c. One (1) member must hold a
bachelor of science degree in the
area of physical science; and
d. One (1) member must represent
the public at-large.
F. Oath: Each person, upon appointment
or reappointment to the board, must execute
an oath of office at the first meeting of the
board following the appointment or reappoint-
ment or at the city clerk’s office any time prior
to the first meeting of the board.
G. Terms: The term of office for members
of the board is three (3) years or until such
member’s successor is appointed and quali-
fied.
H. Vacancies: Vacancies must be filled in
the same manner as original appointments.
I. Officers/Organization: The board must
choose annually a chairperson and vice-
chairperson, each to serve a term of one (1)
year. The building official, or the building offi-
cial’s designee, is the secretary of the board.
The board must fill a vacancy among its offic-
ers for the remainder of the officer’s unexpired
term.
J. Meetings:
1. Regular Meetings. The board must
meet as necessary.
2. Special Meetings. Special meetings
may be called by the chairperson or at
the written request of a majority of the
members.
3. Open Meetings. All meetings must
be called and held in conformance with
the Iowa Open Meetings Law.
4. Attendance.
a. In the event a member of the
board has been absent for three (3)
or more consecutive meetings of
the board, without being excused
by the chairperson, such absence
will be grounds for the board to rec-
Book 145 Regular Session, September 21, 2015 337
ommend to the city council that the
position be declared vacant and a
replacement appointed.
b. Attendance must be entered up-
on the minutes of all meetings.
5. Minutes. A copy of the minutes of all
regular and special meetings of the
board must be filed with the city council
within ten (10) working days after each
meeting, or by the next regularly
scheduled city council meeting, which-
ever is later.
6. Quorum. Three (3) members of the
board constitute a quorum for the
transaction of business. The affirmative
vote of a majority of the members pre-
sent and voting is necessary for the
adoption of any motion or resolution.
K. Compensation: Members serve without
compensation, provided that they may receive
reimbursement for necessary travel and other
expenses while on official board business with-
in the limits established in the city administra-
tive policies and budget.
L. Removal: The city council may remove
any member for cause upon written charges
and after a public hearing.
M. Powers: The board has the following
powers, duties, and responsibilities:
1.To determine the suitability of alter-
nate materials and methods of installa-
tion.
2. To provide for reasonable interpreta-
tions of the plumbing code.
3. To serve as an appeal body for the
decisions of the building official.
4. To advise the city council on all
plumbing regulations and procedures.
N. Duties When Serving As An Appeals
Board: Any person who is aggrieved by a de-
cision of the building official on any require-
ments resulting from the enforcement of the
plumbing code, may appeal from such deci-
sion to the plumbing code board and the board
will serve as an appeal board. In case the ag-
grieved person is a member of the board, the
member is disqualified as a member of the
board acting as an appeal board for such ap-
peal.
The appeal must be made by the person
aggrieved, giving written notice of such appeal
to the building official at the building official's
office within seven (7) days of receipt of deci-
sion from which the appeal is taken. The
plumbing code board sitting as an appeal
board must meet within seven (7) days after
receiving such notice and must render a deci-
sion within five (5) days thereafter. An ag-
grieved person and the building official have
the right to present their case to the appeal
board, whose decision is final unless appealed
to the district court as provided by law.
The board of appeals may reverse or modi-
fy a decision of the building official only on
finding that:
1. The building official incorrectly inter-
preted a provision of this code;
2. The decision of the building official
creates an unnecessary hardship upon
the appellant.
In so modifying or reversing such decision
of the building official, the board of appeals
may authorize any alternate to the decision of
the building official and the provisions of the
plumbing code, provided it finds the proposed
material or method of construction is satisfac-
tory for the use intended and complies with the
provisions of this code, and that the material,
method, or work offered is, for the purpose
intended, at least equivalent to that prescribed
by this code in suitability, strength, effective-
ness, durability, safety, and sanitation.
The board of appeals must require that suf-
ficient evidence or proof be submitted to sub-
stantiate any claims made regarding the use of
alternates.
Section 2. Nothing herein effects the term
of any person serving as a member of the
board as of the effective date of this Ordi-
nance.
Section 3. This Ordinance takes effect up-
on publication.
Passed, approved and adopted this 21st
day of September, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin. S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 25th day of September,
2015.
/s/Kevin S. Firnstahl, City Clerk
6. Code of Ordinances Amendment – Title
15 Long Range Planning Advisory Commis-
sion: City Manager recommending approval of
an ordinance which adds a new Title 15,
Chapter 2 which establishes the Long Range
Planning Advisory Commission and provides
for the powers, operation, membership and
meetings. Motion by Lynch to receive and file
the documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Resnick. Motion
carried 6-0.
Motion by Lynch for final consideration and
passage of Ordinance No. 62-15 Amending
City of Dubuque Code of Ordinances Title 15
Planning and Zoning by Repealing Chapter 2
Long Range Planning Advisory Commission
and adopting a Chapter 2 Long Range Plan-
ning Advisory Commission in lieu thereof es-
tablishing the Long Range Planning Advisory
338 Regular Session, September 21, 2015 Book 145
Commission and providing for the powers,
operation, membership, and meetings. Se-
conded by Jones. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 62-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 15 PLANNING AND
ZONING BY REPEALING CHAPTER 2 LONG
RANGE PLANNING ADVISORY COMMIS-
SION AND ADOPTING A CHAPTER 2 LONG
RANGE PLANNING ADVISORY COMMIS-
SION IN LIEU THEREOF ESTABLISHING
THE LONG RANGE PLANNING ADVISORY
COMMISSION AND PROVIDING FOR THE
POWERS, OPERATION, MEMBERSHIP,
AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 15, Chapter 2 of the City of
Dubuque Code of Ordinances is hereby re-
pealed and the following adopted in lieu there-
of:
CHAPTER 2
LONG RANGE PLANNING ADVISORY
COMMISSION
15-2-1: Commission Created: There is
hereby created the Long Range Planning Ad-
visory Commission.
15-2-2: Purpose: The purpose of the com-
mission is to foster the community planning
process, develop policies, goals, plans, and
management tools based on a consensus of
community values, and help guide the com-
munity’s future development, public policies,
and decision-making.
15-2-3: Internal Organization and Rules:
The commission may adopt rules and regula-
tions to govern its organizational procedures
as may be necessary and which are not in
conflict with this Code of Ordinances or the
Iowa Code.
15-2-4: Procedures for Operation: All ad-
ministrative, personnel, accounting, budgetary,
and procurement policies of the city govern the
commission in all its operations.
15-2-5: Membership:
A. The commission comprises seven
(7) residents of the city, appointed by
the city council.
B. Residents must be eighteen (18)
years of age or older.
C. Qualifications.
1. All members must be qualified by
their knowledge, experience, and
ability to contribute to the city’s long
range planning and development
efforts.
15-2-6: Oath: Each person, upon appoint-
ment or reappointment to the commission,
must execute an oath of office at the first
meeting of the commission following the ap-
pointment or reappointment or at the city
clerk’s office any time prior to the first meeting
of the commission.
15-2-7: Terms: The term of office for com-
missioners is three (3) years or until such
commissioner’s successor is appointed and
qualified.
15-2-8: Vacancies: Vacancies must be
filled in the same manner as original appoint-
ments.
15-2-9: Officers/Organization: The com-
missioners must choose annually a chairper-
son and vice-chairperson, each to serve a
term of one (1) year. The chairperson must
appoint a secretary, who need not be a mem-
ber of the commission. The commissioners
must fill a vacancy among its officers for the
remainder of the officer’s unexpired term.
15-2-10: MEETINGS:
A. Regular Meetings. The commission
must meet monthly.
B. Special Meetings. Special meetings
may be called by the chairperson or at
the written request of a majority of the
commissioners.
C. Open Meetings. All meetings must
be called and held in conformance with
the Iowa Open Meetings Law.
D. Attendance.
1. In the event a commissioner has
been absent for three (3) or more
consecutive meetings of the com-
mission, without being excused by
the chairperson, such absence will
be grounds for the commission to
recommend to the city council that
the position be declared vacant and
a replacement appointed.
2. Attendance must be entered up-
on the minutes of all meetings.
E. Minutes. A copy of the minutes of all
regular and special meetings of the
commission must be filed with the city
council within ten (10) working days af-
ter each meeting, or by the next regu-
larly scheduled city council meeting,
whichever is later.
F. Quorum. Four (4) commissioners
constitute a quorum for the transaction
of business. The affirmative vote of a
majority of the commissioners present
and voting is necessary for the adop-
tion of any motion or resolution.
15-2-11: Compensation: Commissioners
serve without compensation, provided that
they may receive reimbursement for necessary
travel and other expenses while on official
commission business within the limits estab-
lished in the city administrative policies budget.
15-2-12: Removal: Except as provided in
15-2-10(D)(1), the city council may remove
any commissioner for good cause.
Book 145 Regular Session, September 21, 2015 339
15-2-13: Powers: The commission has the
following powers, duties, and responsibilities:
A. To provide a leadership role in the
planning, coordinating, and sponsoring
of a periodic community planning pro-
cess;
B. To coordinate and supervise the
preparation and maintenance of the
comprehensive plan;
C. To provide input to the city manager
in the preparation of the city manager’s
recommended multi-year capital im-
provement program;
D. To make comprehensive studies of
the present condition and the future
growth of the city to provide input into
the community planning process and to
guide and accomplish a coordinated,
consistent, and harmonious develop-
ment in accordance with the present
and future needs thereof to the end that
the health, safety, morals, order, con-
venience, prosperity, and general wel-
fare may be promoted;
E. To make or cause to be made such
surveys, studies, maps, plans, or charts
of the City with due regard to its rela-
tion to neighboring territory as may be
determined as necessary to carry out
the purposes of the commission;
F. To recommend amendments to all or
parts of the comprehensive plan in re-
sponse to the community planning pro-
cess, upon its own initiative or upon
recommendation presented by the Zon-
ing Advisory Commission, but only after
a public hearing;
G. To review proposed urban renewal
plans, urban renewal plan amend-
ments, urban revitalization plans, and
urban revitalization plan amendments
for consistency with the comprehensive
plan;
H. To undertake public information ef-
forts to enhance public understanding
of the community planning process
generally and the comprehensive plan
specifically; and
I. To undertake from time to time other
specific long range planning projects
which may be referred to the commis-
sion by the city council.
Section 2. Nothing herein effects the term
of any person serving as a commissioner as of
the effective date of this Ordinance.
Section 3. This Ordinance takes effect up-
on publication.
Passed, approved and adopted this 21st
day of September, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin. S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 25th day of September,
2015.
/s/Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Council Member Resnick reported on the
30th anniversary of Dubuque Main St. and
congratulated its staff on their dedication.
There being no further business, upon mo-
tion the City Council adjourned at 8:51 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
340 Special and Regular Sessions, October 5, 2015 Book 145
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:00 p.m. on October 5, 2015 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
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of conducting a work session on
Sustainable Dubuque.
WORK SESSION
SUSTAINABLE DUBUQUE
Sustainability Coordinator Cori Burbach,
Sustainable Innovations Consultant for Greater
Dubuque Development Corp. David Lyons,
and Vice President of Operations for the
Community Foundation of Greater Dubuque
Eric Dregne provided a slide presentation on
Sustainable Dubuque, Sustainable Innova-
tions, and Project HOPE as they relate to the
Sustainable Dubuque Vision and Principles.
Topics included:
• The Growing Sustainable Communi-
ties Conference
• Star Communities outcomes/scores
• Sustainable Dubuque Collaborations
• Proposed Resiliency Commission
• Sustainable Innovations
o StartUp Dubuque
o Partnerships
o Dubuque Broadband Initia-
tive, Access and Services
o Energy
o Future Innovations Discus-
sions
• Project HOPE
o Mission
o Re-Engage Dubuque
o Opportunity Dubuque
o Network mapping
There being no further business, upon mo-
tion the City Council adjourned at 6:19 p.m.
/s/Kevin S. Firnstahl, CMC City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on October 5, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members
Braig Connors, Jones, Lynch, Resnick, Sutton;
City Manager Van Milligen, City Attorney Lin-
dahl (via phone)
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.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
Head Start Day (October 14, 2015) was
accepted by Brenda Sullivan of Operation:
New View Community Action Agency, 1473
Central Avenue.
White Cane Safety Day (October 15, 2015)
was accepted by Pam Gagne, Treasurer, Tri-
State Blind Society, 3333 Asbury Rd.
Trick-or-Treat Night (October 31, 2015)
was accepted by Mayor Buol.
Arts and Humanities Month (October 2015)
was accepted by Marina O’Rourke, Arts and
Cultural Affairs Advisory Commission Chair-
person.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7-0.
1. Minutes and Reports Submitted: City
Council Proceedings of 9/21; Civil Service
Commission of 9/17; Community Development
Advisory Commission of 9/16; Housing Com-
mission of 8/25; Housing Trust Fund Advisory
Committee of 9/17, 9/21; Human Rights Com-
mission of 8/10; Parks and Recreation Adviso-
ry Commission of 9/8; Sister City Relationships
Advisory Commission of 9/16; Proof of publica-
tion for City Council Proceedings of 9/8. Upon
motion the documents were received and filed.
Book 145 Regular Session, October 5, 2015 341
2. Notice of Claims and Suits: Lynn Ann
Chillook for personal injury/vehicle damage;
Liberty Mutual on behalf of Daniel Bellows for
personal injury; Patrick Maiden for vehicle
damage; Don Pettit for vehicle damage; Frank
Vlach, III for vehicle damage. Upon motion the
documents were received, filed and referred to
the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Liberty Mutual on behalf of Daniel Bel-
lows for personal injury; Lynn Ann Chillook for
personal injury/vehicle damage; Patrick Maid-
en for vehicle damage; Don Pettit for vehicle
damage; Frank Vlach, III for vehicle damage.
Upon motion the documents were received,
filed and concurred.
4. Government Finance Officers Associa-
tion - Distinguished Budget Presentation
Award: Correspondence from the Government
Finance Officers Association (GFOA) advising
that it has awarded the Distinguished Budget
Presentation Award to the City of Dubuque for
the tenth consecutive year and Certificates of
Recognition for budget preparation to Budget
Director Jennifer Larson for the Fiscal Year
2015/2016. Upon motion the documents were
received and filed.
5. Dubuque National Service Partnership
Award: City Manager transmitting information
the Corporation for National and Community
Service recognizing the Dubuque National
Service Partnership with an award in honor of
retired Senator Tom Harkin. Upon motion the
documents were received and filed.
6. Port of Dubuque Clean Marina Certifica-
tion: City Manager transmitting information on
the recent award to the Port of Dubuque Mari-
na making it the first certified Clean Marina in
Iowa. Upon motion the documents were re-
ceived and filed.
7. NICC Outreach Success Coach Report:
City Manager transmitting a report by Samaria
Neely, Outreach Success Coach at NICC.
Upon motion the documents were received
and filed.
8. Catfish Creek Watershed: City Manager
transmitting educational brochures for the Cat-
fish Creek Watershed. Upon motion the docu-
ments were received and filed.
9. Southwest Arterial Project - Consultant
Selection for Construction Engineering Ser-
vices: City Manager recommending concur-
rence with the selection of IIW, P.C. as the
first-ranked consultant and requests approval
for the City Manager to execute the Standard
Consultant Contract with IIW, P.C. to provide
all phases of Construction Engineering Ser-
vices for both the English Mill Road Recon-
struction Project and the Military Road Recon-
struction Project. Upon motion the documents
were received, filed and concurred.
10. Acceptance of Deed - CW Wolff, LLC
(SELCO): City Manager recommending ap-
proval of a resolution accepting the Quit Claim
Deed related to the purchase of the alley be-
tween Main Street and Salina Street by CW
Wolff, LLC (SELCO). Upon motion the docu-
ments were received and filed and Resolution
No. 331-15 Accepting the Deed to certain real
estate from CW Wolff, LLC in Dubuque Coun-
ty, Iowa, was adopted.
RESOLUTION NO. 331-15
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE FROM CW WOLFF, L.L.C. IN
DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque, Iowa en-
tered into a Purchase Agreement with CW
Wolff, L.L.C. for the purchase of certain real
property in Dubuque County, legally described
as follows:
Lot 7A of Block 13 in Dubuque Harbor
Company’s Addition, in the City of
Dubuque, Iowa (the Property); and
Whereas, in order to comply with the terms
of the Purchase Agreement CW Wolff, L.L.C.
has quit claimed all its right, title and interest in
the Property to the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts
the Quit Claim Deed from CW Wolff, L.L.C.
attached hereto.
Section 2. The City Clerk is hereby author-
ized and directed to record this Resolution and
the Deed with the Dubuque County Recorder.
Passed, approved and adopted this 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Authorized Depository Institutions: City
Manager recommending approval of a resolu-
tion increasing the maximum balance allowed
at Fidelity Bank and Trust. Upon motion the
documents were received and filed and Reso-
lution No. 332-15 Naming Depositories was
adopted.
RESOLUTION NO. 332-15
NAMING DEPOSITORIES
Whereas, Chapter 12C.2 of the 2201 Code
of Iowa states that the approval of a financial
institution as a depository shall be by written
342 Regular Session, October 5, 2015 Book 145
resolution or order which shall be entered of
record in the minutes of the approving board,
and which shall distinctly name each deposito-
ry approved, and specify the maximum amount
which may be kept on deposit in each deposi-
tory; and
Whereas, this procedure is required if a fi-
nancial institution changes its name or home
office location, if the maximum amount is
changed, or if a financial institution is added or
deleted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the following financial insti-
tutions are approved to be depositories of the
City of Dubuque, Iowa funds in conformance
with all applicable provisions of the 2001 Iowa
Code Chapter 12C.2. The City Treasurer is
hereby authorized to deposit City of Dubuque,
Iowa funds in amounts not to exceed the max-
imum approved for each respective financial
institution as set out below.
Depository Name, Location of Home Of-
fice, Maximum Balance
American Trust & Savings Bank, Dubuque,
Iowa $60,000,000
Dubuque Bank & Trust Company, Dubu-
que, Iowa $60,000,000
U.S. Bank, Minneapolis, Minnesota,
$40,000,000
Dupaco Community Credit Union, Dubu-
que, Iowa $20,000,000
Premier Bank, Dubuque, Iowa $20,000,000
East Dubuque Savings Bank, Dubuque,
Iowa $20,000,000
Fidelity Bank & Trust, Dyersville, Iowa,
$40,000,000
BBVA Compass, Birmingham, Alabama, $
100,000
Hometown Bank, Fond du Lac, Wisconsin,
$ 250,000
Passed, approved and adopted this 5th day of
October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Assignment & Assumption Agreements
- Cottingham & Butler, Inc.: City Manager rec-
ommending approval of a resolution consent-
ing to the Assignment and Assumption
Agreement between Town Clock Building
Company and Cottingham & Butler, Inc. and a
second resolution consenting to the Assign-
ment and Assumption Agreement between
Security Investments, LLC and Cottingham &
Butler, Inc. Upon motion the documents were
received and filed and Resolution No. 333-15
Consenting to the Assignment of: 1) City of
Dubuque, Iowa Downtown Rehabilitation Loan
Program Loan Agreement, Number: DRLP#2-
01 dated June 28, 2001; 2) Promissory Note
dated June 28, 2001; 3) Mortgage to City of
Dubuque, Iowa dated June 28, 2001 and rec-
orded as Instrument No. 9858-01, and 4)
Mortgage to City of Dubuque, Iowa dated May
20, 2002 and recorded as Instrument No.
9234-02, between the City of Dubuque, Iowa
and Town Clock Building Company to Cotting-
ham & Butler, Inc.; and Resolution No. 334-15
Consenting to the Assignment of: 1) City Of
Dubuque, Iowa Downtown Rehabilitation Loan
Program Loan Agreement, Number: DRLP#3-
98 Dated November 13, 1998; 2) Promissory
Note dated January 24, 2008; and 3) Mortgage
to City of Dubuque, Iowa Dated January 24,
2008 and recorded as Instrument No. 2008-
00001182, between the City of Dubuque, Iowa
and Security Investments, LLC to Cottingham
& Butler, Inc. were adopted.
RESOLUTION NO. 333-15
CONSENTING TO THE ASSIGNMENT OF: 1)
CITY OF DUBUQUE, IOWA DOWNTOWN
REHABILITATION LOAN PROGRAM LOAN
AGREEMENT, NUMBER: DRLP#2-01 DAT-
ED JUNE 28, 2001; 2) PROMISSORY NOTE
DATED JUNE 28, 2001; 3) MORTGAGE TO
CITY OF DUBUQUE, IOWA DATED JUNE
28, 2001 AND RECORDED AS INSTRU-
MENT NO. 9858-01, AND 4) MORTGAGE TO
CITY OF DUBUQUE, IOWA DATED MAY 20,
2002 AND RECORDED AS INSTRUMENT
NO. 9234-02, BETWEEN THE CITY OF
DUBUQUE, IOWA AND TOWN CLOCK
BUILDING COMPANY TO COTTINGHAM &
BUTLER, INC.
Whereas, the City of Dubuque entered into
a 1) Downtown Rehabilitation Loan dated June
28, 2001; 2) Promissory Note dated June 28,
2001; 3) Mortgage dated June 28, 2001; and
4) Mortgage dated May 20, 2002, (the Agree-
ments) with Town Clock Building Company
regarding certain real property legally de-
scribed as:
Lot 54 in the City of Dubuque, Iowa ac-
cording to the United States Commis-
sioners’ Map of the Town of Dubuque,
Iowa (also sometimes described as
City Lot 54 in the City of Dubuque, Io-
wa according to the recorded Plat
thereof); and
Whereas, Town Clock Building Company
now desires to assign its rights and responsi-
bilities under the Agreements to Cottingham &
Butler, Inc.; and
Whereas, the Agreements require the con-
sent of the City to any such assignment; and
Whereas, the City Council of the City of
Dubuque finds that the City of Dubuque should
consent to the assignments, a copy of which
Assignment and Assumption Agreement is
attached hereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Book 145 Regular Session, October 5, 2015 343
Section 1. The City of Dubuque hereby
consents to the Assignment and Assumption
Agreement, a copy of which is attached here-
to.
Passed, approved and adopted this 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 334-15
CONSENTING TO THE ASSIGNMENT OF: 1)
CITY OF DUBUQUE, IOWA DOWNTOWN
REHABILITATION LOAN PROGRAM LOAN
AGREEMENT, NUMBER: DRLP#3-98 DAT-
ED NOVEMBER 13, 1998; 2) PROMISSORY
NOTE DATED JANUARY 24, 2008; AND 3)
MORTGAGE TO CITY OF DUBUQUE, IOWA
DATED JANUARY 24, 2008 AND RECORD-
ED AS INSTRUMENT NO. 2008-00001182,
BETWEEN THE CITY OF DUBUQUE, IOWA
AND SECURITY INVESTMENTS, LLC TO
COTTINGHAM & BUTLER, INC.
Whereas, the City of Dubuque entered into
a 1) Downtown Rehabilitation Loan dated No-
vember 13, 1998; 2) Promissory Note dated
January 24, 2008; and 3) Mortgage dated
January 24, 2008, (the Agreements) with Se-
curity Investments, LLC regarding certain real
property legally described as:
Lot 29, Lot 30 and the South 1/3 of
Lot 31, in the City of Dubuque, Iowa
according to the United State Com-
missioners’ Map thereof; and
Lot Fifty-Five (55) in the City of
Dubuque, Iowa according to the Unit-
ed States Commissioner’s Map
thereof; and
Whereas, Security Investments, LLC now
desires to assign its rights and responsibilities
under the Agreements to Cottingham & Butler,
Inc.; and
Whereas, the Agreements require the con-
sent of the City to any such assignment; and
Whereas, the City Council of the City of
Dubuque finds that the City of Dubuque should
consent to the assignments, a copy of which
Assignment and Assumption Agreement is
attached hereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque hereby
consents to the Assignment and Assumption
Agreement, a copy of which is attached here-
to.
Passed, approved and adopted this 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Restrictive Covenant for 1849 Jackson
Street: City Manager recommending approval
of a resolution attaching a single-family resi-
dence restrictive covenant to 1849 Jackson
Street prior to the City’s disposal of the proper-
ty. Upon motion the documents were received
and filed and Resolution No. 335-15 Attaching
a Single Family Resident Restrictive Cove-
nant, to 1849 Jackson Street, Dubuque, Iowa
was adopted.
RESOLUTION NO. 335-15
ATTACHING SINGLE FAMILY RESIDENCE
RESTRICTIVE COVENANT TO 1849 JACK-
SON STREET, DUBUQUE, IOWA
Whereas, The City desires to attach re-
strictive covenants to 1849 Jackson Street
prior to disposal of said property; and
Whereas, said property will be disposed of
by the City and the City desires said property
to be owner-occupied for a period of twenty
one (21) years after the sale.
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 approves the restrictive covenants
for 1849 Jackson Street, legally described as:
North ½ of the Middle 1/5 of Out Lot
490 in the City of Dubuque, Iowa ac-
cording to the United States Commis-
sioners Map thereof.
Section 2. The Mayor is hereby authorized
and directed to sign this Resolution and the
Restrictive Covenant for the above described
real estate.
Section 3. The City is Clerk is hereby au-
thorized and directed to cause said Restrictive
Covenant to be recorded in the Office of the
Dubuque County Recorder, together with a
certified copy of this Resolution.
Passed, approved and adopted this 5th day
of October, 2015
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Grandview / Loras and
Grandview/University Intersection Improve-
ments Project - Set Fair Market Value and
Start Eminent Domain Proceedings: City Man-
ager recommending approval of a resolution
which establishes and sets the Just Compen-
sation Valuation (Fair Market Value) for each
identified permanent easement to be acquired
based on the Eminent Domain Value Finding
Appraisals Reports for the Grandview/Loras
and Grandview/University Intersection Im-
provements project. Upon motion the docu-
ments were received and filed and Resolution
No. 336-15 Establishing the fair market value
of real property for the Grandview / Loras and
Grandview / University Intersection Improve-
ments Project, directing good faith negations
for the acquisition of property and authorizing
the commencement of Eminent Domain pro-
344 Regular Session, October 5, 2015 Book 145
ceedings, if necessary, to acquire property
was adopted.
RESOLUTION NO. 336-15
ESTABLISHING THE FAIR MARKET VALUE
OF REAL PROPERTY FOR THE
GRANDVIEW / LORAS AND GRANDVIEW /
UNIVERSITY INTERSECTION IMPROVE-
MENTS PROJECT, DIRECTING GOOD
FAITH NEGOTIATIONS FOR THE ACQUISI-
TION OF PROPERTY AND AUTHORIZING
THE COMMENCEMENT OF EMINENT DO-
MAIN PROCEEDINGS, IF NECESSARY, TO
ACQUIRE PROPERTY
Whereas, the City of Dubuque (City) has
caused to be made appraisals of the proper-
ties described below for the Grandview / Loras
and Grandview / University Intersection Im-
provements Project and the appraised values
for the properties are listed below; and
Whereas, the legal description of each of
the properties to be acquired, the owners and
the appraised value of each of the properties is
listed below; and
Whereas, the City Council has previously
provided approval of the site and location for
the Grandview / Loras and Grandview / Uni-
versity Intersection Improvements Project, and
approved said project and the partial acquisi-
tion of property listed below for said public
improvement project:
Property, Owner(S), Appraised Value
Part of Lot 52 in Woodlawn Park Sub. as de-
scribed on Exhibit A attached, Deborah Roth,
Karla Schoen, & William Meyer, $120.00
Part of Lot 27 in Tschirgi & Schwinds Sub. as
described on Exhibit B attached, Debra J. and
Robert A. O’Connell, $195.00
and;
Whereas, Iowa law requires that the City
make a good faith effort to negotiate with the
owners regarding the purchase before pro-
ceeding with condemnation; and
Whereas, the City may not make an offer
to purchase a property which is less than the
fair market value City has established for the
property; and
Whereas, the City Council now desires to
establish the fair market value for each of the
properties; and
Whereas, the City wishes to acquire the
properties listed for the Grandview / Loras and
Grandview / University Intersection Improve-
ments Project by good faith negotiation or em-
inent domain proceedings, if necessary.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The fair market value of each of
the properties listed above is hereby estab-
lished to be the amount of its appraised value
as listed above.
Section 2. The City Manager is directed to
enter into good faith negotiations for the acqui-
sition for each of the above properties, and, if
necessary, commence eminent domain pro-
ceedings to acquire the properties.
Passed, approved and adopted this 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Acceptance of Storm Sewer Easement
at 2810 Wildwood Court: City Manager rec-
ommending acceptance of a Grant of Perma-
nent Easement for Storm Sewer across 2810
Wildwood Court from Stan and Charalin Si-
mon. Upon motion the documents were re-
ceived and filed and Resolution No. 337-15
Accepting a grant of Permanent Easement for
storm sewer through, over and across part of
Lot 1 of S. Simon Place, in the City of Dubu-
que, Iowa was adopted.
RESOLUTION NO. 337-15
ACCEPTING A GRANT OF PERMANENT
EASEMENT FOR STORM SEWER
THROUGH, OVER AND ACROSS PART OF
LOT 1 OF S. SIMON PLACE, IN THE CITY
OF DUBUQUE, IOWA
Whereas, Stan L. and Charalin C. Simon
have executed a Permanent Easement for
Storm Sewer through, over and across Part of
Lot 1 of S. Simon Place, in the City of Dubu-
que, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Permanent
Easement for Storm Sewer through, over and
across Part of Lot 1 of S. Simon Place, in the
City of Dubuque, Dubuque County, Iowa from
Stan L. and Charalin C. Simon, a copy of
which is attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. 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 Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Brunskill Street Place Storm Water De-
tention Facility Acceptance: City Manager rec-
ommending acceptance of the storm water
detention facility that the developer, McDer-
mott Brothers Construction, has completed
Book 145 Regular Session, October 5, 2015 345
and is dedicating in Brunskill Street Place in
the City of Dubuque. Upon motion the docu-
ments were received and filed and Resolution
No. 338-15 Accepting stormwater detention
facilities in Brunskill Street Place, in the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 338-15
ACCEPTING STORMWATER DETENTION
FACILITIES IN BRUNSKILL STREET
PLACE, IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolution Numbers
342-12, certain public improvements including
stormwater detention facilities on Lot A of
Brunskill Street Place No. 1 were installed by
the developer of Brunskill Street Place in the
City of Dubuque, Iowa; and
Whereas, the said storm water detention
facilities have been completed and the City
Manager has examined the work and has filed
a certificate stating that the same has been
completed in accordance with the plans ap-
proved by the City Council and in conformance
with City specifications, and has recommend-
ed that the improvements be accepted by the
City Council.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said storm
water detention facilities in Brunskill Street
Place in the City of Dubuque, Iowa be and the
same is hereby accepted.
Section 2. That maintenance of said im-
provements shall be the responsibility of the
City and assessable to the property owners as
outlined in Resolution Numbers 342-12.
Passed, adopted and approved this 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Acceptance of a Permanent Easement
for Storm Sewer at 2595 Fulton Street: City
Manager recommending rescission of Resolu-
tion No. 318-15 and approval of a new resolu-
tion correcting the legal description and prop-
erty owner information in connection with the
acceptance of a permanent easement for
storm sewer across a portion of residential
property at 2595 Fulton Street from Andrea
and Joel Leach. Upon motion the documents
were received and filed and Resolution No.
339-15 Rescinding Resolution 318-15 and
accepting a Grant of Permanent Easement for
storm sewer through, over and across part of
Lot 27 in Highland Addition, in the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 339-15
RESCINDING RESOLUTION 318-15 AND
ACCEPTING A GRANT OF PERMANENT
EASEMENT FOR STORM SEWER
THROUGH, OVER AND ACROSS PART OF
LOT 27 IN HIGHLAND ADDITION, IN THE
CITY OF DUBUQUE, IOWA
Whereas, Joel R. Leach and Andrea Leach
have executed a Permanent Easement for
Storm Sewer through, over and across Part of
Lot 27 Highland Addition, in the City of Dubu-
que, Dubuque County, Iowa; and
Whereas, the City Council passed Resolu-
tion 318-15, dated September 21, 2015, ap-
proving the acceptance of a Grant of Ease-
ment for Storm Sewer through, over and
across Lot 2 of Lot 2 of Lot 2 of the W ½ of the
NW ¼ of Section 27; and Lot 2 of Lot 1 of Lot
2 of the NE ¼ of the NE ¼ of Section 28, all in
Township 89 North, Range 2 East of the 5th
P.M., in the City of Dubuque, Dubuque Coun-
ty, Iowa from Halle Properties LLC; and
Whereas, the Legal Description and Prop-
erty Owner information in Resolution 318-15
were incorrect and Resolution 318-15 should
be rescinded.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Permanent
Easement for Storm Sewer through, over and
across Part of Lot 27 Highland Addition, in the
City of Dubuque, Dubuque County, Iowa from
Joel R. Leach and Andrea Leach, a copy of
which is attached hereto.
Section 2. Resolution 318-15 is hereby re-
scinded.
Section 3. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
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 Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Grant of Permanent Easement and
Agreements - Bus Shelters: City Manager rec-
ommending Council approval of Easement
Agreements and acceptance of Grants of
Permanent Easement for bus shelters at
Windsor Park Retirement Apartments, 801
Davis Street, and Goodwill Industries, 2121
Holliday Drive. Upon motion the documents
were received and filed and Resolution No.
340-15 Approval of an agreement and accept-
346 Regular Session, October 5, 2015 Book 145
ing a Grant of Permanent Easement for a bus
shelter located at Goodwill Industries, 2121
Holliday Drive in Dubuque, Iowa; and Resolu-
tion No. 341-15 Approval of an agreement and
accepting a Grant of Permanent Easement for
a bus shelter located at Windsor Park Retire-
ment Apartments, 801 Davis Street in Dubu-
que, Iowa were adopted.
RESOLUTION NO. 340-15
APPROVAL OF AN AGREEMENT AND AC-
CEPTING A GRANT OF PERMANENT
EASEMENT FOR A BUS SHELTER LOCAT-
ED AT GOODWILL INDUSTRIES, 2121
HOLLIDAY DRIVE, IN DUBUQUE, IOWA
Whereas, Goodwill Industries of Northeast
Iowa Inc., the property owner of Lot 2-2 of Hol-
liday Addition No. 2 (Goodwill Industries), has
executed an Easement Agreement and grant-
ed a Permanent Easement dated August 26,
2015, for a bus shelter over said lot.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Easement Agreement and
Grant of Permanent Easement for a bus shel-
ter located on a part of Lot 2-2 of Holliday Ad-
dition No. 2 (Goodwill Industries, 2121 Holliday
Drive), in the City of Dubuque, Dubuque Coun-
ty, Iowa, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. 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 Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 341-15
APPROVAL OF AN AGREEMENT AND AC-
CEPTING A GRANT OF PERMANENT
EASEMENT FOR A BUS SHELTER LOCAT-
ED AT WINDSOR PARK RETIREMENT
APARTMENTS, 801 DAVIS STREET, IN
DUBUQUE, IOWA
Whereas, Callahan Construction Inc., the
property owner of Lot 6 of Stone Hill Commu-
nity Subdivision No. 1 (Windsor Park Retire-
ment Apartments), has executed an Easement
Agreement and granted a Permanent Ease-
ment dated August 8, 2015, for a bus shelter
over said lot.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Easement Agreement and
Grant of Permanent Easement for a bus shel-
ter located on a part of Lot 6 of Stone Hill
Community Subdivision No. 1 (Windsor Park
Retirement Apartments, 801 Davis Street), in
the City of Dubuque, Dubuque County, Iowa, a
copy of which is attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. 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 Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Restated Plan Document & Summary
Plan Description for Point of Service Health
Care Plan: City Manager recommending ap-
proval for the City Manager to execute the
Restated Plan Document and Summary Plan
Description for the City's health care plan that
incorporates all of the amendments. Upon
motion the documents were received, filed and
approved.
20. Alternative Services Concepts, LLC
(ASC) Agreement: City Manager recommend-
ing authorization to execute an agreement with
Alternative Services Concepts, LLC (ASC) for
worker's compensation claims services. Upon
motion the documents were received, filed and
approved.
21. 2015 Department of Justice Body Worn
Camera Grant Acceptance: City Manager rec-
ommending approval of the acceptance of the
2015 Department of Justice Body Worn Cam-
era Grant. Upon motion the documents were
received, filed and approved.
22. School Resource Officer Agreement:
City Manager recommending approval of the
Fiscal Year 2015-2016 School Resource Of-
ficer Agreement between the City of Dubuque
Police Department and the Dubuque Commu-
nity School District. Upon motion the docu-
ments were received, filed and approved.
23. Drug Abuse Resistance Education
(DARE) Program Agreement: City Manager
recommending approval of the Fiscal Year
2015-2016 DARE Agreement between the City
Book 145 Regular Session, October 5, 2015 347
of Dubuque Police Department and the Dubu-
que Community School District. Upon motion
the documents were received, filed and ap-
proved.
24. 2015 Justice Assistance Grant (JAG)
Application: City Manager recommending ac-
ceptance of the 2015 Justice Assistance Grant
(JAG) application. Upon motion the documents
were received, filed and approved.
25. Iowa’s Clean Air Attainment Program
(ICAAP) Application for Funding Traffic Im-
provements - NW Arterial and Pennsylvania
Avenue: City Manager recommending approv-
al of a resolution authorizing the City of Dubu-
que to submit an application to the Iowa De-
partment of Transportation for Iowa’s Clean Air
Attainment Program (ICAAP) to assist with
funding a proposed right turn lane on Pennsyl-
vania Avenue at the Northwest Arterial. Upon
motion the documents were received and filed
and Resolution No. 342-15 Authorizing the
filing of a grant application with the Iowa De-
partment of Transportation for Iowa Clean Air
Attainment funding for the City of Dubuque
Pennsylvania Avenue and NW Arterial Right
Turn Lane Improvement was adopted.
RESOLUTION NO. 342-15
AUTHORIZING THE FILING OF A GRANT
APPLICATION WITH THE IOWA DEPART-
MENT OF TRANSPORTATION FOR IOWA
CLEAN AIR ATTAINMENT FUNDING FOR
THE CITY OF DUBUQUE PENNSYLVANIA
AVENUE AND NW ARTERIAL RIGHT TURN
LANE IMPROVEMENT
Whereas, the increasing growth of traffic
volumes, along with operational and air quality
concerns, at the intersection of Pennsylvania
Avenue and NW Arterial in the City of Dubu-
que could be improved by adding a westbound
right turn lane; and
Whereas, the City of Dubuque has deter-
mined that improvements to this intersection,
as recommended by the HDR Study commis-
sioned by Iowa Department of Transportation,
will improve traffic flow; and
Whereas, the City of Dubuque is seeking
the necessary funding for project implementa-
tion and commits 20% matching funds re-
quired to access Iowa Clean Air Attainment
Funds, and upon completion, in cooperation
with the Iowa Department of Transportation,
be responsible for adequately maintaining and
operating the project for public use during the
project’s useful life.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City files this grant applica-
tion for funds through the Iowa Clean Air At-
tainment Program to fund Pennsylvania Ave-
nue and NW Arterial right turn lane improve-
ment.
Passed, approved and adopted this 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
26. Iowa’s Clean Air Attainment Program
(ICAAP) Application for Funding Traffic Im-
provements - NW Arterial and John F. Kenne-
dy Road: City Manager recommending ap-
proval of a resolution authorizing The City of
Dubuque to submit an application to the Iowa
Department of Transportation for Iowa‘s Clean
Air Attainment Program (ICAAP) to assist with
funding a proposed right turn lane on John F.
Kennedy Road at the Northwest Arterial. Upon
motion the documents were received and filed
and Resolution No. 343-15 Authorizing the
filing of a grant application with the Iowa De-
partment of Transportation for Iowa Clean Air
Attainment funding for the City of Dubuque
John F. Kennedy Road and NW Arterial Right
Turn Lane Improvements was adopted.
RESOLUTION NO. 343-15
AUTHORIZING THE FILING OF A GRANT
APPLICATION WITH THE IOWA DEPART-
MENT OF TRANSPORTATION FOR IOWA
CLEAN AIR ATTAINMENT FUNDING FOR
THE CITY OF DUBUQUE JOHN F. KENNE-
DY ROAD AND NW ARTERIAL RIGHT TURN
LANE IMPROVEMENT
Whereas, the increasing growth of traffic
volumes, along with operational and air quality
concerns, at the intersection of John F Kenne-
dy Road and NW Arterial in the City of Dubu-
que could be improved by adding a south-
bound right turn lane; and
Whereas, the City of Dubuque has deter-
mined that improvements to this intersection,
as recommended by the HDR Study commis-
sioned by Iowa Department of Transportation,
will improve traffic flow; and
Whereas, the City of Dubuque is seeking
the necessary funding for project implementa-
tion and commits 20% matching funds re-
quired to access Iowa Clean Air Attainment
Funds, and upon completion, in cooperation
with the Iowa Department of Transportation,
be responsible for adequately maintaining and
operating the project for public use during the
project’s useful life.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City files this grant applica-
tion for funds through the Iowa Clean Air At-
tainment Program to fund John F Kennedy
Road and NW Arterial right turn lane improve-
ment.
348 Regular Session, October 5, 2015 Book 145
Passed, approved and adopted this 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
27. Code of Ordinances - Adoption of Sup-
plement No. 19: City Clerk recommending
adoption of Supplement No. 19 to the City of
Dubuque Code of Ordinances, which codifies
Ordinance Nos. 29-15 through 38-15, 40-15,
41-15, 42-15, 43-15 and 45-15 through 51-15
as adopted by the City Council through August
3, 2015. Upon motion the documents were
received and filed and Resolution No. 344-15
Adopting Supplement No. 19 to the Code of
Ordinances of the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 344-15
ADOPTING SUPPLEMENT NO. 19 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of August 17, 2009,
the City Council, pursuant to Ordinance No.
43-09, readopted the Code of Ordinances of
the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009 the City
Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the
Code of Ordinances and said amendments
have been printed as supplements to the Code
of Ordinances; and
Whereas, Section 380.8 of the Code of Io-
wa provides that supplements, by resolution,
become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 19 of the
Code of Ordinances of the City of Dubuque,
Iowa covering Ordinance Nos. 29-15 through
38-15, 40-15, 41-15, 42-15, 43-15 and 45-15
through 51-15 as adopted by the City Council
through August 3, 2015, prepared by the Ster-
ling Codifiers, Inc., and filed in the Office of the
City Clerk of the City of Dubuque, Iowa is
hereby adopted and becomes part of the Code
of Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
28. Compact of Mayors: City Manager
transmitting Mayor Buol’s letter of commitment
to join the Compact of Mayors. Upon motion
the documents were received and filed.
29. Federal Energy Regulatory Commis-
sion (FERC) Correspondence: Correspond-
ence providing the City's response to the Fed-
eral Energy Regulatory Commission's (FERC)
Notice of Preliminary Permit Application pro-
posing to study the feasibility of a hydroelectric
project at Lock and Dam No. 11. Upon motion
the documents were received and filed.
30. Improvement Contracts/Performance
and Maintenance Bonds: Midwest Concrete,
Inc., for the 2015 Asphalt Overlay Access
Ramp Project Four. Upon motion the docu-
ments were received, filed and approved.
31. Alcohol and Tobacco License Applica-
tions: City Manager recommending approval of
annual liquor, beer, wine and tobacco license
applications as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 345-15 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.
346-15 Approving applications for retail ciga-
rette/tobacco sales/nicotine/vapor permits, as
required by Iowa Code 453A.47A were adopt-
ed.
RESOLUTION NO. 345-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Aldi Inc. #80, 2160 Holliday Dr., Class C Beer,
Class B Wine (Sunday)
Carlos O'Kelly's, 1355 Associates Dr., Class C
Liquor (Catering) (Outdoor) (Sunday)
Crust Italian Kitchen and Bar, 299 Main St.,
Class C Liquor, Class B Wine (Catering)
(Outdoor) (Sunday)
Denny's Lux Club, 3050 Asbury Rd., Class C
Liquor (Outdoor) (Sunday)
Book 145 Regular Session, October 5, 2015 349
Fat Tuesday's, 1121 University Ave., Class C
Liquor (Sunday)
Fiesta Cancun Authentic Mexican Restaurant,
2515-1 NW Arterial, Class C Liquor (Out-
door) (Sunday)
Grand River Center, 500 Bell St., Class C Liq-
uor (Catering) (Sunday)
Grand Tap, 802 Central Ave., Class C Liquor
(Sunday)
HuHot Mongolian Grill, 555 JF Kennedy Rd.
#685, Special Class C Liquor (Sunday)
Hy-Vee #1 Clubroom, 3500 Dodge St., Special
Class C Liquor (Sunday)
Hy-Vee Gas #2, 2435 NW Arterial, Class C
Beer, Class B Native Wine (Sunday)
L. May, 1072 Main St., Class C Liquor, Class
B Wine (Catering) (Outdoor) (Sunday)
The Copper Kettle, 2987 Jackson St., Class C
Liquor, Class B Native Wine (Living Qtr.)
(Catering) (Outdoor) (Sunday)
New
Kwik Stop #848, 3201 Central Ave., Class E
Liquor, Class B Native Wine, Class C Beer
(Sunday)
Adding a Privilege
Iowa Welcome Center, 280 Main St., Adding
Class C Beer
Passed, approved and adopted this 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 346-15
APPROVING APPLICATIONS FOR RETAIL
CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY
IOWA CODE 453A.47A
Whereas, applications for Ciga-
rette/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 oth-
erwise 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 author-
ized and directed to cause to be issued the
following named applicants and locations for
cigarette/tobacco sales permit.
Kwik Stop #848, 3201 Central Ave.
Passed, approved and adopted this 5th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
1. Sewer Shed 7 and 10 Manhole Re-
placement Project: City Manager recommend-
ing initiation of the public bidding procedure for
the 2015 Sewershed 7 and 10 Manhole Re-
placement Project, and further recommends
that a public hearing be set for October 19,
2015. Upon motion the documents were re-
ceived and filed and Resolution No. 347-15
2015 Sewershed 7 & 10 Manhole Replace-
ment Project; Preliminary approval of plans,
specifications, form of contract, and estimated
cost; setting date of public hearing on plans,
specifications, form of contract, and estimated
cost; and ordering the advertisement for bids
was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on October
19, 2015 in the Historic Federal Building.
RESOLUTION NO. 347-15
2015 SEWERSHED 7 & 10 MANHOLE RE-
PLACEMENT PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the 2015 Sew-
ershed 7 & 10 Manhole Replacement Project
in the estimated amount $142,591.50, 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 19th
day of October, 2015, at 6:30 p.m. in the His-
toric Federal Building Council Chambers (sec-
ond floor) 350 W. 6th Street, Dubuque, Iowa 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 cir-
culation 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 inter-
ested person may appear and file objections to
350 Regular Session, October 5, 2015 Book 145
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The 2015 Sewershed 7 & 10 Manhole Re-
placement Project is hereby ordered to be
advertised for bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements herein provided, by publishing the
attached Notice to Bidders to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published not less than four but not more than
forty-five days before the date for filing bids
before 2:00 p.m. on the 22nd day of October,
2015. 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 2nd day of November, 2015, in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. English Ridge - Housing Urban Renewal
District: City Manager recommending approval
of a Resolution of Necessity that finds that a
Housing Urban Renewal Plan for the English
Ridge area is both necessary and appropriate,
and set a public hearing on the proposed plan
for November 2, 2015. Upon motion the doc-
uments were received and filed and Resolution
No. 348-15 Resolution of Necessity finding
that certain property in English Ridge Subdivi-
sion is an Economic Development Area and
that the development of said Area is necessary
in the interest of the residents of the City of
Dubuque, Iowa and setting a date for hearing
on a proposed Urban Renewal Plan for said
District was adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on
November 2, 2015 in the Historic Federal
Building.
RESOLUTION NO. 348-15
RESOLUTION OF NECESSITY FINDING
THAT CERTAIN PROPERTY IN ENGLISH
RIDGE SUBDIVISION IS AN ECONOMIC
DEVELOPMENT AREA AND THAT THE DE-
VELOPMENT OF SAID AREA IS NECES-
SARY IN THE INTEREST OF THE RESI-
DENTS OF THE CITY OF DUBUQUE, IOWA
AND SETTING A DATE FOR HEARING ON
A PROPOSED URBAN RENEWAL PLAN
FOR SAID DISTRICT
Whereas, the City Council has determined
that the active development of property is a
beneficial use that will enhance the City's on-
going economic development efforts; and
Whereas, the City Council has determined
that the area described in Section 1 below
meets the definitions of an economic devel-
opment area as defined in Chapter 403 “Urban
Renewal” of the Iowa Code; and
Whereas, a significant need for housing
units exists in the community and local re-
sources are needed to advance the develop-
ment; and
Whereas, Iowa Code Chapter 403 requires
that before urban renewal authority may be
exercised, a City Council must adopt a resolu-
tion of necessity finding that the area in ques-
tion is a slum, blighted or economic develop-
ment area, and that so designating such area
is necessary in the interest of the public health,
safety or welfare of the residents of the munic-
ipality.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the area generally de-
scribed in Attachment A to this Resolution is
an economic development area as defined by
Chapter 403 of the Iowa Code and is appropri-
ate for an urban renewal project.
Section 2. That the development of the
English Ridge Housing Urban Renewal Area is
necessary and appropriate to facilitate the
proper growth and development of the com-
munity in accordance with sound planning and
local community objectives.
Section 3. That the development of this ar-
ea will provide new opportunities for quality
housing and job creation in the community.
Section 4. That the City Manager is author-
ized and directed to prepare an Urban Renew-
al Plan for the English Ridge Housing Urban
Renewal Area, to forward said Plan to the
City's Long Range Planning Commission for
review and comment and to begin the consul-
tation process required by law with affected
taxing entities.
Section 5. That the City Clerk is directed to
publish notice of a public hearing on the adop-
tion of an Urban Renewal Plan for the English
Ridge Housing Urban Renewal Area to be held
on the 2nd day of November, 2015, at 6:30
p.m. in the Historic Federal Building in Dubu-
que, Iowa 350 W. 6th Street, Dubuque, Iowa
and that said notice shall generally identify the
area covered by the Plan and the general
scope of the Urban Renewal Plan activities
planned for such area.
Section 6. That the City Clerk is further di-
rected to send by ordinary mail a copy of said
Plan and notice of public hearing to the Dubu-
que Community School District, the County
Board of Supervisors and the Northeast Iowa
Community College, as the affected taxing
entities.
Book 145 Regular Session, October 5, 2015 351
Passed, approved and adopted this 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointments to the following commissions
were made at this meeting.
1. Civic Center Advisory Commission: One,
3-year term through June 29, 2016 (Vacant
term of Scott). Applicant: A. Alanda Gregory,
1560 Iowa St. #3. Motion by Connors to ap-
point Ms. Gregory to a 3-year term through
June 29, 2016. Seconded by Resnick. Motion
carried 7-0.
2. Housing Commission: Three, 3 year
terms through August 17, 2018 (Expiring At-
Large term of Fernandes; vacant At-Large
term of Holz; and vacant Section 8-Recipient
Term of Eubanks). Applicants: Anna Fer-
nandes, 2191 Broadlawn (Qualifies for At-
Large); Nicolas Hobson, 1592 Locust St.,
(Qualifies for At-Large) (Additional Applicant);
Jill Kedley, 237 Southgate Dr. (Qualifies for At-
Large); Coralita Shumaker, 305 W. 16th St.
(Qualifies as Section 8 Recipient) (Additional
Applicant). Motion by Jones to appoint Coralita
Shumaker to the Section 8 Recipient term
through August 17, 2018. Seconded by Jones.
Motion carried 7-0. Upon roll-call vote (Fer-
nandes – 7; Hobson – Connors; and Kedley –
Braig, Lynch, Jones, Resnick, Buol, Sutton)
Anna Fernandes and Jill Kedley were appoint
to 3-year terms through August 17, 2018.
3. Transit Advisory Board: One, 3 year
term through July 30, 2016 (Vacant term of
Knight). Applicants: Joel Lightcap, 1985 Alta
Vista St.; Carrie Lohrmann, 1879 Denver Dr.
#7B. Upon roll-call vote (Lightcap – Lynch,
Connors; Lohrmann – Braig, Jones, Resnick,
Buol, Sutton). Carrie Lohrmann was appointed
to a 3-year term through July 30, 2016.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the following items.
1. Voluntary Annexation - Bahl Property:
Proof of publication on notice of public hearing
to consider approval of a voluntary annexation
request from Martin J. and Linda C. Bahl, and
Terrance G. Bahl, for 1.3 acres of their proper-
ty from Asbury Road north to Forest Hills Sub-
division in the City of Asbury and the City
Manager recommending approval. Motion by
Lynch to receive and file the documents and
approve Resolution No. 349-15 Approving an
application for voluntary annexation of territory
to the City of Dubuque, Iowa. Seconded by
Connors. Motion carried 7-0.
RESOLUTION NO. 349-15
APPROVING AN APPLICATION FOR VOL-
UNTARY ANNEXATION OF TERRITORY TO
THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque has re-
ceived a written application from property
owners Martin J. and Linda C. Bahl and Ter-
rance G. Bahl for the voluntary annexation of
approximately 1.30 acres of territory generally
located from Asbury Road north to Forest Hills
Subdivision in the City of Asbury, Iowa; and
Whereas, the annexation territory is not
subject to an existing annexation moratorium
agreement and does not include any State or
railroad property; and
Whereas, the annexation territory does not
abut Dubuque County right-of-way; and
Whereas, the annexation territory requires
severance from the City of Asbury, and said
severance has been granted by the City of
Asbury; and
Whereas, Chapter 368 of the Iowa Code
authorizes the extension of City limits in situa-
tions of this character by adoption of a resolu-
tion after notification and public hearing; and
Whereas, this annexation is consistent with
the City’s Comprehensive Plan; and
Whereas, the City of Dubuque has the ca-
pacity to provide substantial municipal services
to the annexation territory; and
Whereas, the annexation is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the application of property
owners Martin J. and Linda C. Bahl and Ter-
rance G. Bahl for the voluntary annexation of
approximately 1.30 acres of territory generally
located from Asbury Road north to Forest Hills
Subdivision in the City of Asbury, Iowa, said
territory lying outside of the corporate limits of
the City of Dubuque, Iowa as shown on Exhibit
A and legally described as Lot 2 of the West
Half of the Northwest Quarter of Section 19,
Township 89 North, Range 2 East, is hereby
approved for annexation to the City of Dubu-
que.
Section 2. That the annexation territory re-
quires severance from the City of Asbury, and
said severance has been granted by the City
of Asbury in accordance with Chapter 368 of
the Iowa Code.
Section 3. That, subject to the approval of
the City Development Board, the corporate
limits of the City of Dubuque be and they
hereby are extended to include the approxi-
mately 1.30 acres of annexation territory as
shown on Exhibit A.
Section 4. That the City Council of Dubu-
que does hereby certify that the City of Dubu-
que has complied with the notice and hearing
requirements of the Iowa Code pertaining to
352 Regular Session, October 5, 2015 Book 145
voluntary annexation of territory outside an
urbanized area of another city.
Section 5. That if the City Development
Board approves this annexation, the territory
hereby annexed shall become a part of Ward
One of the City of Dubuque.
Section 6. That the City Clerk shall file this
resolution, all exhibits and the applications for
voluntary annexation with the City Develop-
ment Board of the State of Iowa in accordance
with the provisions of Chapter 368 of the Iowa
Code.
Passed, approved and adopted this 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Sale of Property at 1501-1503 Bluff
Street: Proof of publication on notice of public
hearing to consider disposing of City-owned
real property at 1501 - 1503 Bluff Street to
Ethan D. and Valerie R. Winn and the City
Manager recommending approval. Motion by
Braig to receive and file the documents and
adopt Resolution No. 350-15 Disposing of City
interest in real property located at 1501-03
Bluff Street in the City of Dubuque, Iowa. Se-
conded by Resnick. Motion carried 7-0.
RESOLUTION NO. 350-15
DISPOSING OF CITY INTEREST IN REAL
PROPERTY LOCATED AT 1501-03 BLUFF
STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution
No. 322-15, dated September 21, 2015, de-
clared its intent to dispose of City interest in
real property located at 1501-03 Bluff Street,
legally described as:
The Easterly 90 feet of the Northerly 40
feet of Lot 3, and the Easterly 100 feet
of the Southerly 2 feet of Lot 4 in D.N.
Cooley’s subdivision of out lots 667,
668 and 669 in the City of Dubuque,
Iowa according to the recorded plat
thereof:
1501-03 Bluff Street (the Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on October 5, 2015 at 6:30 p.m. in the
Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa; and
Whereas, it is the determination of the City
Council that approval of the purchase agree-
ment for the sale to Ethan D. and Valerie R.
Winn according to the terms and conditions set
out in the purchase agreement is in the public
interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. The purchase agreement by and
between the City of Dubuque and Ethan D.
and Valerie R. Winn for the sale of the Proper-
ty, is hereby approved.
Section 2. The Mayor and City Clerk are
hereby authorized and directed to execute and
deliver a Special Warranty Deed, conveying
the City’s interest in the Property to Ethan D.
and Valerie R. Winn.
Section 3. That the City Clerk is hereby au-
thorized and directed to cause said Special
Warranty Deed to be recorded in the Office of
the Dubuque County Recorder, together with a
certified copy of the Resolution.
Passed, approved, and adopted this 5th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. StartUp Dubuque Presentation: Greater
Dubuque Development Corp. (GDDC) CEO
Rick Dickinson introduced David Lyons, GDDC
Sustainable Innovations Consultant, NICC
President Dr. Liang Chee Wee and Cartegraph
CEO Jake Schneider who provided a presen-
tation on GDDC’s Start-Up Dubuque program,
a concierge-level service that provides startup
tools and resources for new businesses and
entrepreneurs located in the Schmidt Innova-
tion Center, 900 Jackson St. Motion by Jones
to receive and file the information. Seconded
by Connors. Motion carried 7-0.
2. Donation of Sculptures: Correspondence
from artist James Avery requesting that the
City accept the donation of two transportation-
themed sculptures for display inside a public
building. Motion by Connors to receive and file
the documents and accept the donation. Se-
conded by Braig. City Manager Van Milligen
stated that the City has available storage of
the artwork until staff brings options for final
display locations to the Council at a later date.
Motion carried 7-0.
3. Upper Bee Branch Creek Mississippi
River Trail Project Award: City Manager rec-
ommending award of the construction contract
for the Upper Bee Branch Creek Mississippi
River Trail Project to the sole bidder, Portzen
Construction, Inc., subject to Iowa Department
of Transportation approval. Motion by Braig to
receive and file the documents and adopt
Resolution No. 351-15 Awarding Public Im-
provement Contract for the Upper Bee Branch
Creek Mississippi River Trail (MRT) Iowa DOT
Project No. SB-IA-2100(675)--7T-31. Second-
ed by Connors. Motion carried 7-0.
Book 145 Regular Session, October 5, 2015 353
RESOLUTION NO. 351-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE UPPER BEE BRANCH
CREEK MISSISSIPPI RIVER TRAIL (MRT)
IOWA DOT PROJECT NO. SB-IA-
2100(675)—7T-31
Whereas, said sealed proposals were
opened and read by the Iowa Department of
Transportation on the 15th day of September,
2015 and it has been determined that Portzen
Construction, Inc. of Dubuque, Iowa with a bid
in the amount of $1,823,521.58 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 in the amount of $1,823,521.58 is
hereby awarded to Portzen Construction, Inc.,
subject to the concurrence by Iowa Depart-
ment of Transportation, 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 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Lake Eleanor Road Lift Station and Wa-
ter Main Extension Project Award: City Man-
ager recommending award of the construction
contract for the Lake Eleanor Road Lift Station
and Water Main Extension Project to the low
bidder, Horsfield Construction, Inc. Motion by
Lynch to receive and file the documents and
adopt Resolution No. 352-15 Awarding Public
Improvement Contract for the Lake Eleanor
Road Lift Station and Water Main Extension
Project. Seconded by Connors. Motion carried
7-0.
RESOLUTION NO. 352-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE LAKE ELEANOR LIFT
STATION AND WATER MAIN EXTENSION
PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Lake Eleanor
Lift Station Water Main Extension Project (the
Project) pursuant to Resolution No. 303-15
and Notice to Bidders published in a newspa-
per published in the City of Dubuque, Iowa on
the 11th day of September, 2015.Whereas,
said sealed proposals were opened and read
on the 24th day of September, 2015, and it has
been determined that Horsfield Construction,
Inc. of Epworth, Iowa, with a bid in the amount
of $399,881.75, is the lowest responsive, re-
sponsible 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 Horsfield Construc-
tion, Inc. and the City Manager is hereby di-
rected to execute a Public Improvement Con-
tract on behalf of the City of Dubuque for the
Project.
Passed, approved and adopted this 5th day
of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Enhanced Neighborhood Support Re-
port: City Manager submitting a status report
on current community efforts to invest in peo-
ple and neighborhoods to have a high quality
of life and preserve the ability of citizens to feel
and be safe; and recommending modification
of the City's current street lighting policy, and
the addition of security cameras in the current
and future fiscal years. Motion by Jones to
receive and file the documents and approve
the recommendations. Seconded by Braig.
Consensus among the City Council that public
safety is inherent in all Council goals, Council
and staff have been committed over time to
safety concerns and installing solutions, and
that public safety includes proactive neighbors.
City Engineer Gus Psihoyos and Housing and
Community Development Director Alvin Nash
addressed questions about street lighting af-
fected by tree trimming and rental housing
maintenance inspections. Council Member
Lynch suggested staff meet with area mental
health partners as part of the process. Motion
carried 6-1 with Sutton voting nay.
6. Request to Schedule Work Session on
Enhanced Neighborhood Support: City Man-
ager recommending approval to schedule a
work session for October 19, 2015, at 5:00
p.m. on Enhanced Neighborhood Support.
Motion by Braig to receive and file the docu-
ments and set the work session as recom-
mended. Seconded by Resnick. Motion carried
7-0.
7. Request to Schedule Work Session on
Project H.O.P.E.: City Manager recommending
approval to schedule a work session for No-
vember 16, 2015, at 5:30 p.m. on Project
H.O.P.E. Motion by Braig to receive and file
the documents and set the work session as
recommended. Seconded by Resnick. Motion
carried 7-0.
CLOSED SESSION
Motion by Jones to convene in closed ses-
sion at 8:09 p.m. to discuss pending litigation
and property acquisition pursuant to Chapter
21.5(1)(c), -(j) Code of Iowa. Seconded by
Connors. Motion carried 7-0.
354 Special Session, October 19, 2015 Book 145
Upon motion the City Council reconvened
in open session at 9:24 p.m. stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 9:25 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:00 p.m. on October 19, 2015 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 special session of the City Council called for
the purpose of conducting a work session on
Enhanced Neighborhood Support.
WORK SESSION
Enhanced Neighborhood Support
City Manager Van Milligen presented and
read an introductory memo. Planning Services
Manager Laura Carstens introduced staff and
community partners: Neighborhood Develop-
ment Specialist Jerelyn O’Connor, Police Chief
Mark Dalsing, Civil Engineer Dave Ness, City
Engineer Gus Psihoyos, Housing & Communi-
ty Development Director Alvin Nash, Assistant
City Attorney Crenna Brumwell, Public Infor-
mation Officer Randy Gehl, Human Rights
Director Kelly Larson, Brad Morgan and Ken
Anthony of Alliant Energy, David Harris of
Community Housing Initiatives (CHI), and Eric
Dregne of the Community Foundation of
Greater Dubuque. Topics included:
A. Overview
• Relationship to the City’s Com-
prehensive Plan
• Community-Wide Effort: Focus
Areas = funding opportunities
B. Short-Term Actions
1 Neighbors: Feedback, Activities;
Neighborh2Neighbor Initiative; Neighbor-
hood involvement and communication
2. Protect & Serve: Enhanced police
presence; Community Oriented Policing;
officer expansion plan; special enforce-
ment; working with property owners;
emergency partnerships (ID4PD, Tri-
States’ Most Wanted, Submit a Tip,
Crime Stoppers); security cameras
3. Additional security cameras installation
and locations
4. Enhanced street lighting and place-
ment guidelines; LED replacements;
street lighting inventory; replacement sta-
tus and future plans
Book 145 Regular Session, October 19, 2015 355
5. Acquisition of challenged properties:
guiding documents, management tools
and resources; monitoring problem prop-
erties; housing accountability by land-
lords and residents; petition property sta-
tus
6. Renovation/rehabilitation of residential
properties: housing & community devel-
opment partners; housing rehab pro-
grams; housing revitalization; residential
rehab report; Community Housing Initia-
tive (CHI)
7. Communications: relationship to the
City’s Comprehensive Plan; PSA’s, vide-
os, handouts, MyDBQ app; yard lighting
incentive program;
C. Neighborhood-Based Initiatives
1. Washington Neighborhood redevel-
opment strategy; market analysis; 2015
business outreach;
D. Community Partnerships
1. Inclusive Dubuque, Project HOPE,
Grade Level Reading, student re-
engagement, Circles Initiative
A question/answer period with the City
Council followed the presentation.
There being no further business, upon mo-
tion the City Council adjourned at 6:23 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on October 19, 2015 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 for
the purpose of conducting such business that
may properly come before the City Council.
PLEDGE OF ALLEGIANCE
INTRODUCTIONS
Assistant City Manager Cindy Steinhauser
introduced two of the four representatives for
this year’s International City/County Manage-
ment Association’s Fellowship Exchange Pro-
gram: Mr. Indra Noviansyah of Indonesia and
Mr. Mohamad Shafie Bin Taib of Meleka, Ma-
laysia.
PROCLAMATIONS
Hunger and Homelessness Awareness
Month (November 2015) was accepted by
“Lisa” in testimony of her experience at the
Maria House, 1561 Jackson St.
Mississippi River Cities and Towns Initia-
tive was accepted by Stacey Williams of the
Mississippi River Network and Jessica Zim-
merman of 1Mississippi Campaign.
Gentlemen Day (October 21, 2015) was
accepted by Tara Beck of Waypoint Services
318 5th St. SE, Cedar Rapids and representa-
tives of Waypoint Services Dubuque.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7-0.
1. Minutes and Reports Submitted: Cable
TV Commission of 8/5; City Council Proceed-
ings of 10/5; Civil Service Commission of 9/10;
Human Rights Commission of 9/14, 9/16; Li-
brary Board of Trustees of 8/18, 8/27; Library
Board of Trustees Council Update of 9/24;
Zoning Advisory Commission of 10/7; Zoning
Board of Adjustment of 9/24; Proof of Publica-
356 Regular Session, October 19, 2015 Book 145
tion for City Council Proceedings of 9/21; Proof
of Publication for Delinquent Water, Sewer,
Refuse and Stormwater Collection Accounts of
9/18, 9/25. Upon motion the documents were
received and filed.
2. Notice of Claims and Suits: Joshua
Canon for defamation/harassment, Joyce
Hammill for personal injury/property damage.
Upon motion the documents were received,
filed and referred to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Joshua Canon for defamation; Joyce
Hammill for personal injury/property damage.
Upon motion the documents were received,
filed and concurred.
4. 2014 Water Fluoridation Quality Award:
Correspondence from Bob Russell of the Iowa
Department of Public Health informing the City
that the Centers for Disease Control and Pre-
vention has awarded the City of Dubuque's
water system with the 2014 Water Fluoridation
Quality Award. Upon motion the documents
were received and filed.
5. Sustainable Dubuque Community Grant
Recommendations: City Manager recommend-
ing approval of a grant request from the Sus-
tainable Dubuque Community Grant program.
Upon motion the documents were received,
filed and approved.
6. Lead Hazard Control Grant Agreement:
City Manager recommending approval of a
resolution authorizing the Mayor to sign a Lead
Hazard Control Grant Agreement with the U.S.
Department of Housing and Urban Develop-
ment for the program performance period be-
ginning November 2, 2015 and ending October
31, 2018. Upon motion the documents were
received and filed and Resolution No. 353-15
Authorizing execution of a Lead Hazard Con-
trol Grant Agreement with the U.S. Department
of Housing and Urban Development was
adopted.
RESOLUTION NO. 353-15
AUTHORIZING EXECUTION OF A LEAD
HAZARD CONTROL GRANT AGREEMENT
WITH THE U.S. DEPARTMENT OF HOUS-
ING AND URBAN DEVELOPMENT
Whereas, the U.S. Department of Housing
and Urban Development has approved funds
in the amount of $3,230,815 for the Lead Haz-
ard Control Program for a thirty-six -month
performance period commencing November 2,
2015 and ending October 31, 2018; and
Whereas, a grant agreement covering the
activities proposed to be carried out with the
Lead Hazard Control Grant funds has been
transmitted to the City of Dubuque by the U. S.
Department of Housing and Urban Develop-
ment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Funding Approv-
al/Agreement, authorized by the U.S. Depart-
ment of Housing and Urban Development be-
ginning November 2, 2015 for a Lead Hazard
Control Grant to the City of Dubuque in the
amount of $3,230,815 and identified as Grant
Number IALHB0604-15 is hereby accepted.
Section 2. That the Mayor of the City of
Dubuque be and he is hereby authorized and
directed to execute said Agreements on behalf
of the City of Dubuque, Iowa.
Passed, approved and adopted this 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Mississippi River Watershed Report
Card: City Manager transmitting information
from America's Watershed Initiative regarding
the Mississippi River watershed. Upon motion
the document was received and filed.
8. Yard Lighting Initiative: City Manager
recommending approval of changes to the
Yard Lighting Initiative that provides a match to
property owners who install either front-yard or
rear-yard lighting that improves lighting levels
on sidewalks and alleys. Upon motion the
documents were received, filed and approved.
9. EB Lyons Recreation Area Expansion
Project Acceptance: City Manager recom-
mending acceptance of the construction con-
tract for the EB Lyons interpretive Area Ex-
pansion Project, as completed by Portzen
Construction, Inc. Upon motion the documents
were received and filed and Resolution No.
354-15 Accepting the Expansion Project and
authorizing the payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 354-15
ACCEPTING THE EB LYONS INTERPRE-
TIVE AREA EXPANSION PROJECT AND
AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Public Improvement Contract
for the EB Lyons Interpretive Area Expansion
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
Book 145 Regular Session, October 19, 2015 357
Engineer recommends that the Project be ac-
cepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the EB
Lyons Expansion fund for the contract amount
of $969,020.37 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 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Asbury Road Pavement Rehabilitation
Project Acceptance: City Manager recom-
mending acceptance of the public improve-
ment construction contract for the 2015 Asbury
Road Pavement Rehabilitation Project as
completed by Iowa Erosion Control, Inc. Upon
motion the documents were received and filed
and Resolution No. 355-15 Accepting the 2015
Asbury Road Pavement Rehabilitation Project
and authorizing the payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 355-15
ACCEPTING THE 2015 ASBURY ROAD
PAVEMENT REHABILITATION PROJECT
AND AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Public Improvement Contract
for the 2015 Asbury Road Pavement Rehabili-
tation (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 ac-
cepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the 2015
Asbury Road Pavement Rehabilitation Project
(CIP 3002482), for the contract amount of
$354,821.83 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 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Miller Riverview Parking Pad Project
Acceptance: City Manager recommending
acceptance of the public improvement con-
struction contract for the Miller Riverview Park
– Concrete Pads Project, as completed by
Midwest Concrete, Inc. Upon motion the doc-
uments were received and filed and Resolution
No. 356-15 Accepting the Miller Riverview
Park - Concrete Pads Project and authorizing
the payment to the contractor was adopted.
RESOLUTION NO. 356-15
ACCEPTING THE MILLER RIVERVIEW
PARK – CONCRETE PADS PROJECT AND
AUTHORIZING THE PAYMENT TO THE
CONTRACTOR
Whereas, the public improvement contract
for the Miller Riverview Park – Concrete Pads
Project (the Project) has been completed by
the Contractor, Midwest Concrete Inc. (Con-
tractor), the City Engineer has examined the
work and recommends that the Project be ac-
cepted; and
Whereas, the final contract amount for the
Project is $41,515.53; and
Whereas, the Contractor has previously
been paid $39,439.75, leaving a balance of
$2,075.78; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $2,075.78 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved and adopted this 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. East Central Intergovernmental Asso-
ciation (ECIA) - 5th Amendment to CDBG
Grant Administration: City Manager recom-
mending approval of Amendment #5 to East
Central Intergovernmental Association’s
(ECIA) Contract for Administrative Services for
the Linseed Oil Building portion of the City’s
Community Development Block Grant (CDBG)
contract #08-DRH-212. Upon motion the doc-
358 Regular Session, October 19, 2015 Book 145
uments were received and filed and Resolution
No. 357-15 Approving Amendment #5 to the
contract with East Central Intergovernmental
Association for Grant Administration of CDBG
Contract #08-DRH-212 with the Iowa Econom-
ic Development Authority was adopted.
RESOLUTION NO. 357-15
APPROVING AMENDMENT #5 TO THE
CONTRACT WITH EAST CENTRAL INTER-
GOVERNMENTAL ASSOCIATON FOR
GRANT ADMINISTRATION OF CDBG CON-
TRACT #08-DRH-212 WITH THE IOWA
ECONOMIC DEVELOPMENT AUTHORITY
Whereas, the City of Dubuque (City) and
East Central Intergovernmental Association
(ECIA) entered into a Contract for Services
(the Contract) for the administration of CDBG
Contract #08-DRH-212 (the Grant), as
amended; and
Whereas, the work necessary to complete
the proper administration of the Grant has in-
creased due to unexpected and extended rou-
tine investigation from the US Department of
Labor; and
Whereas, City and ECIA desire to amend
the Contract as set forth in the attached
Amendment #5.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Amendment #5 to the Contract for Services
is hereby approved.
Passed, approved, and adopted this 19th
day of October 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Grant of Permanent Easement and
Agreement - Bus Shelter at St. Mary’s Apart-
ments: City Manager recommending approval
of an Easement Agreement and accept of the
Grant of Easement from St. Mary’s Apartments
of Dubuque, LLC, 2955 Kaufmann Avenue, to
facilitate the construction and on-going
maintenance of bus shelters at that location.
Upon motion the documents were received
and filed and Resolution No. 358-15 Approval
of an Agreement and accepting a Grant of
Permanent Easement for a bus shelter located
at St. Mary's Apartments of Dubuque, 2955
Kaufmann Avenue, in Dubuque, Iowa was
adopted.
RESOLUTION NO. 358-15
APPROVAL OF AN AGREEMENT AND AC-
CEPTING A GRANT OF PERMANENT
EASEMENT FOR A BUS SHELTER LOCAT-
ED AT ST. MARY’S APARTMENTS OF
DUBUQUE, 2955 KAUFMANN AVENUE, IN
DUBUQUE, IOWA
Whereas, St. Mary’s Apartments of Dubu-
que, LLC, the property owner of Lot 1-1-2-1-2-
1-3 of St Mary's Place (St. Mary’s Apart-
ments), has executed an Easement Agree-
ment and granted a Permanent Easement
dated October 6, 2015, for a bus shelter over
said lot.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Easement Agreement and
Grant of Permanent Easement for a bus shel-
ter located on a part of Lot 1-1-2-1-2-1-3 of St
Mary's Place (St. Mary’s Apartments of Dubu-
que, 2955 Kaufmann Avenue), in the City of
Dubuque, Dubuque County, Iowa, a copy of
which is attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. 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 Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Development Agreement Amendment -
1576-1580 Locust Street / Weaver Castle,
LLC: City Manager recommending approval of
the First Amendment to Development Agree-
ment with Weaver Castle, LLC which extends
the completion date for the redevelopment of
the property at 1576-1578-1580 Locust Street
to December 31, 2015. Upon motion the doc-
uments were received and filed and Resolution
No. 359-15 Approving the First Amendment to
the Development Agreement between the City
of Dubuque, Iowa and Weaver Castle, LLC
was adopted.
RESOLUTION NO. 359-15
APPROVING THE FIRST AMENDMENT TO
THE DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND WEAVER CASTLE, LLC
Whereas the City of Dubuque, Iowa (City)
and Weaver Castle, LLC (Developer) entered
into a Development Agreement dated for ref-
erence purposes the 6th day of April, 2014 for
the redevelopment of the property at 1576-
1578-1580 Locust Street; and
Whereas City and Developer now desire to
amend the Development Agreement as set
forth in the First Amendment to Development
Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Book 145 Regular Session, October 19, 2015 359
Section 1. The City Council hereby ap-
proves the First Amendment to Development
Agreement.
Section 2. The Mayor is authorized and di-
rected to sign the First Amendment to Devel-
opment Agreement on behalf of the City of
Dubuque.
Passed, approved and adopted this 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Development Agreement Amendment -
346-348 W. Locust Street / Weaver Castle,
LLC: City Manager recommending approval of
the Second Amendment to Development
Agreement with Weaver Castle, LLC which
extends the completion date for the redevel-
opment of the property at 346-348 West Lo-
cust Street to December 31, 2016. Upon mo-
tion the documents were received and filed
and Resolution No. 360-15 Approving the
Second Amendment to the Development
Agreement between the City of Dubuque, Iowa
and Weaver Castle, LLC was adopted.
RESOLUTION NO. 360-15
APPROVING THE SECOND AMENDMENT
TO THE DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND WEAVER CASTLE, LLC
Whereas the City of Dubuque, Iowa (City)
and Weaver Castle, LLC (Developer) entered
into a Development Agreement dated for ref-
erence purposes the 21st day of August, 2013
for the redevelopment of the property at 346-
348 West Locust Street, which Development
Agreement required Developer to complete
certain Minimum Improvements described
therein; and
Whereas the First Amendment to Devel-
opment Agreement, dated the 16th day of
March, 2015, extended the substantial comple-
tion date of the Minimum Improvements to
December 31, 2015; and
Whereas City and Developer now desire to
amend the Development Agreement as set
forth in the Second Amendment to Develop-
ment Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby ap-
proves the Second Amendment to Develop-
ment Agreement.
Section 2. The Mayor is authorized and di-
rected to sign the Second Amendment to De-
velopment Agreement on behalf of the City of
Dubuque.
Passed, approved and adopted this 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Release of Mortgage - 1500 Radford
Road: City Manager recommending approval
of a resolution authorizing the Mayor to sign
the Release of Real Estate Mortgage. Upon
motion the documents were received and filed
and Resolution No. 361-15 Approving a Re-
lease of Mortgage by the City of Dubuque,
Iowa on the property at 1500 Radford Road
owned by Kevin F. Freiburger and Lee Ann
Freiburger (Precision Tool & Engineering, Inc.)
was adopted.
RESOLUTION NO. 361-15
APPROVING A RELEASE OF MORTGAGE
BY THE CITY OF DUBUQUE, IOWA ON THE
PROPERTY AT 1500 RADFORD ROAD
OWNED BY KEVIN F. FREIBURGER AND
LEE ANN FREIBURGER (PRECISION TOOL
& ENGINEERING, INC.)
Whereas, in 1996, the City of Dubuque
(City) entered into a Loan Agreement with
Precision Tool & Engineering, Inc. (the Com-
pany) for the expansion and relocation of the
Company to the Dubuque Industrial Center;
and
Whereas, City agreed to provide Company
with a $30,000 Community Development Block
Grant (CDBG) low interest loan; and
Whereas ECIA Business Growth, Inc.
agreed to provide Company with a $92,000
loan; and
Whereas, the Loans were secured by a
mortgage on the property legally described as
Lot 1 of Dubuque Industrial Center 10th Addi-
tion, in the City of Dubuque, Iowa locally
known as 1500 Radford Road (the Property);
and
Whereas, the Loans were paid in full in a
timely manner; and
Whereas ECIA Business Growth, Inc re-
leased its interest in the mortgage on October
24, 2007; and
Whereas, Company now wishes to sell the
Property and has requested a release of the
mortgage by City.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Release of Mortgage at-
tached hereto is hereby approved.
Section 2. The Mayor is authorized and di-
rected to execute the Release of Mortgage on
behalf of the City of Dubuque.
Passed, approved and adopted this 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Timber Hyrst Subdivision No. 4 - Storm
Water Detention Facility and Storm Water Im-
poundment Easement Acceptance City Man-
ager recommending acceptance of a Grant of
Storm Water Detention Facility and Storm Wa-
360 Regular Session, October 19, 2015 Book 145
ter Impoundment Easement from North Cas-
cade Road Developers LLC as part of the
Timber-Hyrst Estates No. 4 over-detention
project. Upon motion the documents were re-
ceived and filed and Resolution No. 362-15
Accepting a Grant of Storm Water Detention
Facility and Storm Water Impoundment Ease-
ment through, over and across parts of Lot H,
Lot 91, Lot 98 and Lot 99 of Timber-Hyrst Es-
tates No. 4, in the City of Dubuque, Dubuque
County, Iowa, was adopted.
RESOLUTION NO. 362-15
ACCEPTING A GRANT OF STORM WATER
DETENTION FACILITY AND STORM WA-
TER IMPOUNDMENT EASEMENT
THROUGH, OVER AND ACROSS PARTS OF
LOT H, LOT 91, LOT 98, AND LOT 99 OF
TIMBER-HYRST ESTATES NO. 4, IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, North Cascade Road Develop-
ers LLC has executed an Easement for Storm
Water Detention Facility and Storm Water Im-
poundment, and Other Appurtenances
through, under and across Parts of Lot H, Lot
91, Lot 98, and Lot 99 of Timber-Hyrst Estates
No. 4, in the City Of Dubuque, Dubuque Coun-
ty, Iowa. Said easement has been filed and
recorded in the Dubuque County Recorder’s
Office as File Number 2015-00011964.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Storm Water De-
tention Facility and Storm Water Impoundment
Easement through, over and across Parts of
Lot H, Lot 91, Lot 98, and Lot 99 of Timber-
Hyrst Estates No. 4, in the City of Dubuque,
Dubuque County, Iowa from North Cascade
Road Developers LLC, a copy of which is at-
tached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Passed, approved and adopted this 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Civil Service Commission: Civil Service
Commission submitting the Certified Lists for
the positions of Accountant, Equipment Opera-
tor I, Equipment Operator II, and Sanitation
Driver. Upon motion the documents were re-
ceived, filed and made a Matter of Record.
September 17, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Equipment Operator I was administered on
August 18, 2015. We hereby certify that the
individuals listed below have passed this writ-
ten examination and the vacancy for this posi-
tion should be filled from this list and that this
list is good for two (2) years from above date.
Equipment Operator I
1. Jason DeMaio
2. Alan Sabers
3. Michael Conner
4. Matt Cooper
5. Christopher Kennedy
6. Daniel Sisler
7. Jeffrey Leibold
8. Barbara Liska
9. Brian Heim
10. Jordan Thul
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
September 17, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Equipment Operator II was administered on
August 13, 2015. We hereby certify that the
individuals listed below have passed this writ-
ten examination and the vacancy for this posi-
tion should be filled from this list and that this
list is good for two (2) years from above date.
Equipment Operator II
1. Gary Valentine
2. Nicholas Wilson
3. Jerome Ben
4. Daniel Mayne
5. Matt Cooper
6. Christian Kloft
7. William Gansen
8. Jeffrey Leibold
9. Barbara Liska
10. Matt Herman
Eligible Employees:
Dennis Richey
Alan Sabers
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
September 17, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Sanitation Driver was administered on July
28, 2015. We hereby certify that the individuals
listed below have passed this written examina-
tion and the vacancy for this position should be
Book 145 Regular Session, October 19, 2015 361
made from this list and that this list is good for
two (2) years from above date.
Sanitation Driver
1. Doug Kuehn 23. Shannon Clark
2. Dave Weis, II 24. Jacob Hedley
3. Todd Kaiser 25. Dennis
Heidescheit
4. Robert Lenaerts 26. Jacob Freund
5. Justin Licht 27. Nathan Mohr
6. Michael Terry 28. Justin Pergande
7. Drew Noel 29. Brent Volkert
8. Kevin Ruggles 30. Nicholas Ede
9. Richard Zeller 31. Anthony McAn
drew
10. William Hefel 32. Daniel Petersen
11. James Healey 33. Chris Watters
12. Nicholas Mc
Laughlin 34. Jeff Boge
13. Jordan Thul 35. Dennis Brayton
14. Dustin Rector 36. Derek Duehr
15. Ryan Voss 37. John Kirk
16. Kristine Blakeman 38. Thomas Pinzger
17. John Doyle 39. Caleb Schulz
18. Aaron Lincoln 40. James Bernal
19. Chris Maiden 41. Adrian Hughes-
Colon
20. Jason McCann 42. Jon Lucas
21. Tim Neuhaus 43. Jeffrey Nauman
22. Dale Richardson 44. Jacob Trierweiler 45. Aaron Young
Eligible Employee:
Matt Cooper
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
19. PEG Capital Grant Expenditure Re-
quest: City Manager recommending approval
of the Cable TV Commission recommenda-
tions for funding from the Public, Educational,
and Government (PEG) Capital Grant for Ac-
cess Equipment and Facilities for the City of
Dubuque to purchase a new HD on-air play-
back server and a new on-air graphics bulletin
board service. Upon motion the documents
were received, filed and approved.
20. Declaration of Official Intent to Reim-
burse Expenses Relating to Certain Fiscal
Year 2016 Bond Projects: City Manager rec-
ommending approval of the Declaration of
Official Intent Resolution for Fiscal Year 2016
capital projects that are funded by an upcom-
ing bond issuance in February 2016 allowing
the City to reimburse itself from bond proceeds
for expenditures incurred prior to the actual
sale of the bonds. Upon motion the documents
were received and filed and Resolution No.
363-15 Declaring an Official Intent under
Treasury Regulation 1.150-2 to issue debt to
reimburse the City for certain original expendi-
tures paid in connection with the Fiscal Year
2016 Projects was adopted.
RESOLUTION NO. 363-15
DECLARING AN OFFICIAL INTENT UNDER
TREASURY REGULATION 1.150-2 TO IS-
SUE DEBT TO REIMBURSE THE CITY FOR
CERTAIN ORIGINAL EXPENDITURES PAID
IN CONNECTION WITH THE FISCAL YEAR
2016 PROJECTS
Whereas, the City anticipates making cash
expenditures for capital improvement projects
generally described as Airport New Terminal
Roads and Apron, Airport New Terminal Park-
ing Phases 1 & 2, Cedar and Terminal Street
Force Mains Lift Station Assessment and Im-
provements, Relocation of 30” Force Main
around Old Public Works Garage, Sanitary
Sewer Lining Program, Sanitary Sewer Man-
hole Replacement Program, Street Program
Related Sanitary Improvements, Track Line
Sanitary Sewer Cleaning and Lining, Washing-
ton Street Sanitary Sewer – 7th to 9th Street,
Catfish Creek Interceptor Sewer, Granger
Creek Interceptor Sewer, and Catfish Creek
Force Main and Lift Station Improvements,
Transit Soil Contamination Testing, Water Air-
port Utility Extension – Radio/SCADA System,
Water Main Relocation for Sanitary Sewer
Manhole Replacement/Rehabilitation Project,
Outfall Manhole Reconstruction, and Fats Oil
and Grease Receiving Station Project (herein-
after referred to as the "Projects"); and
Whereas, the City reasonably expects to
issue debt to reimburse the costs of the Pro-
jects; and
Whereas, the Council believes it is con-
sistent with the City's budgetary and financial
circumstances to issue this declaration of offi-
cial intent.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Resolution be and
does hereby serve as a declaration of official
intent under Treasury Regulation 1.150-2.
Section 2. That it is reasonably expected
that capital expenditures will be made in re-
spect of the Projects, from time to time and in
such amounts as this Council determines to be
necessary or desirable under the circumstanc-
es then and there existing, and this Council
reasonably expects to reimburse all or a por-
tion of such expenditures with the proceeds of
bonds, notes or other indebtedness to be is-
sued or incurred by the City in the future.
Section 3. That the total estimated costs of
the Projects, the maximum principal amount of
the bonds, notes or other indebtedness to be
issued for the foregoing Projects and the esti-
mated date of completion of the Projects is
reasonably expected to be as follows:
362 Regular Session, October 19, 2015 Book 145
Project, Funds from which Original expend-
itures are to be Advanced, Total
Estimated Cost, Amount of Borrowing An-
ticipated, Estimated Date of Completion
Airport Roads& Apron, Sales Tax Fund,
$231,086, $231,086, June 2016
Airport Parking Phases 1 & 2, Sales Tax Fund,
$394,243, $394,243, June 2016
Cedar & Terminal St., Sanitary Fund,
$250,000, $250,000, December 2016
Force Mains Lift Station Assessment & Improv.
Relocation of 30” Force Main, Sanitary Fund,
$350,000, $350,000, December 2016
Sanitary Sewer Lining Program, Sanitary
Fund, $525,000, $525,000, March 2016
Sanitary Sewer Manhole Replacement Pro-
gram, Sanitary Fund, $295,000, $295,000,
May 2016
Project, Funds from which Original expend-
itures are to be Advanced, Total Estimated
Cost, Amount of Borrowing Anticipated,
Estimated Date of Completion
Street Program Related Sanitary Improve-
ments, Sanitary Fund, $50,000, $50,000, July
2016
Track Line Sanitary Sewer Cleaning & Lining,
Sanitary Fund, $125,000, $125,000, June
2016
Washington Street Sanitary Sewer 7th to 9th ,
Sanitary Fund, $135,000, $135,000, Decem-
ber 2016
Catfish Creek, Granger Creek Interceptor
Sewer, & Catfish Creek Force Main & Lift Sta-
tion, Sanitary Fund, $250,000, $250,000,
March 2016
Transit Soil Contamination Testing, Greater
Downtown TIF Fund, $15,949, $15,949, De-
cember 2015
Water Airport Utility Ext. Radio/SCADA, Water
Fund, $65,000, $65,000, April 2016
Water Main Relocation For Sanitary Sewer
Manhole
Replacement /Rehabilitation, Water Fund,
$20,000, $20,000, December 2015
Outfall Manhole Reconstruction, Sanitary
Fund, $315,000, $315,000, December 2016
Fats Oil and Grease Receiving Station, Sani-
tary Fund, $75,000, $75,000, December 2016
Section 4. That the City reasonably ex-
pects to reimburse the above-mentioned Pro-
ject costs not later than the later of eighteen
months after the capital expenditures are paid
or eighteen months after the property is placed
in service.
Section 5. That this Resolution be main-
tained by the City Clerk and available at all
times for public inspection, subject to such
revisions as may be necessary.
Passed and approved this 19th day of October,
2015.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Canadian Pacific Railroad Tip Towers
Installation: Communication from Canadian
Pacific Railroad advising the City of its plan to
install five, 40-foot tip towers within the rail-
road's right-of-way inside the City limits. Upon
motion the document was received, filed and
referred to Planning Services.
22. Pre-Annexation Agreement - Spiegel
Family Realty Company Iowa, LLC: City Man-
ager recommending approval of the Spiegel
Family Realty Company Iowa, LLC Pre-
Annexation Agreement in conjunction with the
request for approval of the Final Plat of Silver
Oaks No. 2 in Dubuque County. Upon motion
the documents were received and filed and
Resolution No. 364-15 Approving a Pre-
Annexation Agreement between the City of
Dubuque, Iowa and Spiegel Family Realty
Company Iowa, LLC was adopted.
RESOLUTION NO. 364-15
APPROVING A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND SPIEGEL FAMILY
REALTY COMPANY IOWA, LLC
Whereas, Spiegel Family Realty Company
Iowa, LLC, the owner of the following de-
scribed property in Dubuque County, Iowa (the
Property) have submitted to the City Council of
the City of Dubuque an application for volun-
tary annexation of the Property to the City of
Dubuque:
The North 1,010 feet, except the East
660 feet thereof, of the NW ½ of the NE
¼ of Section 26, T88N, R2E of the 5th
PM of Dubuque County, Iowa, exclud-
ing the part thereof conveyed to the
State of Iowa by Warranty Deed for
highway purposes recorded in Book of
Lands No. 57 Pages 499 & 500, and as
shown on the Plat thereof, in Book of
Plats No. 34, Page 335, and in Instru-
ment No. 979-1995, Dubuque County
Records; and
Whereas, Spiegel Family Realty Company
Iowa LLC, has entered into a Pre-annexation
Agreement with the City of Dubuque a copy of
which is attached hereto governing the future
annexation of the Property; and
Whereas, the Property is not subject to an
existing annexation moratorium; and
Whereas, the Property does not include
any state or railroad property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
Dubuque County, Iowa and the extension of
city limits by voluntary annexation; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Book 145 Regular Session, October 19, 2015 363
Dubuque, and will promote efficient and cost
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement
by and between Spiegel Family Realty Com-
pany Iowa, LLC and the City of Dubuque is
hereby approved.
Passed, approved and adopted this 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
23. Parking Division Position Reclassifica-
tion: City Manager recommending approval to
create one additional Parking System Techni-
cian and eliminating one Parking Meter Ser-
vice-worker I position in the Parking Division.
Upon motion the documents were received,
filed and approved.
24. Alcohol and Tobacco License Applica-
tions: City Manager recommending approval of
annual liquor, beer, wine and tobacco license
applications as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 365-15 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.
366-15 Approving applications for retail ciga-
rette/tobacco sales/nicotine/vapor permits, as
required by Iowa Code 453A.47A were adopted.
RESOLUTION NO. 365-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
W hereas, applications for Beer, Liquor,
and or W ine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
W hereas, 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 re-
quirements of the Code of Ordinances.
NOW , THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOW A:
Section 1. The City Clerk is hereby author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Dog House Lounge, 16469 Asbury Rd.,
Class C Liquor (Outdoor) (Sunday)
Kwik Stop, 1200 Cedar Cross Rd., Class E
Liquor, Class B Native Wine, Class C Beer
(Sunday)
Target, 3500 Dodge St., Class E Liquor,
Class B Wine, Class C Beer (Sunday)
Passed, approved and adopted this 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 366-15
APPROVING APPLICATIONS FOR RETAIL
CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY
IOWA CODE 453A.47A
Whereas, applications for Ciga-
rette/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 oth-
erwise 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 author-
ized and directed to cause to be issued the
following named applicants and locations for
cigarette/tobacco sales permit.
The Altered State, 1533 Central Ave.
Passed, approved and adopted this 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
1. Bee Branch Creek Basin Overlook and
22nd Street Parking Lot Project: City Manager
recommending approval of the plans, specifi-
cations, form of contract and the estimated
cost for the Bee Branch Creek – Basin Over-
look and 22nd Street Parking Lot Project and
setting November 2, 2015 as the date for pub-
lic hearing. Upon motion the documents were
received and filed and Resolution No. 367-15
Bee Branch Creek - Basin Overlook & 22nd
Street Parking Lot Project, Iowa DOT Project
NO. TAP-U-2100(683)--81-31 was adopted
364 Regular Session, October 19, 2015 Book 145
setting a public hearing for a meeting to com-
mence at 6:30 p.m. on November 2, 2015 in
the Historic Federal Building.
RESOLUTION NO. 367-15
BEE BRANCH CREEK – BASIN OVERLOOK
& 22ND STREET PARKING LOT PROJECT,
IOWA DOT PROJECT NO. TAP-U-2100(683)-
-8I-31 PRELIMINARY APPROVAL OF
PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATED COST; SETTING
DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The proposed plans, specifica-
tions, form of contract and estimated cost for
the Bee Branch Creek – Basin Overlook &
22nd Street Parking Lot Project, Iowa DOT
Project No. TAP-U-2100(683)--8I-31, in the
estimated amount of $1,554,402.00, are here-
by preliminarily approved and ordered filed in
the office of the City Clerk for public inspec-
tion.
Section 2. A public hearing will be held on
the 2nd day of November, 2015, at 6:30 p.m. in
the Historic Federal Building Council Cham-
bers (second floor), 350 West 6th Street,
Dubuque, Iowa at which time interested per-
sons 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 esti-
mated cost of the Project.
Passed, approved and adopted this 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Sale of Property - 767 University Ave-
nue: City Manager recommending setting a
public hearing for November 2, 2015 on the
proposed sale of the City lot located at 767
University Avenue to Habitat for Humanity.
Upon motion the documents were received
and filed and Resolution No. 368-15 Intent to
dispose of an interest in City of Dubuque real
estate, setting a time and place for hearing
and providing for the publication thereof was
adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on November 2,
2015 in the Historic Federal Building.
RESOLUTION NO. 368-15
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE, SET-
TING A TIME AND PLACE FOR HEARING
AND PROVIDING FOR THE PUBLICATION
OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City)
is the owner of 767 University Avenue (the
Property) legally described as:
Tract I: Lot 1 of Lot 2 of Lot 3 of the
Subdivision of Out Lot 738 in the City of
Dubuque, Iowa and a right of way over
Lot 3 of Lot 3, and over the East 20 feet
of Lot 8, of the Subdivision of Out Lot
738, in the City of Dubuque, Iowa ac-
cording to the recorded plat thereof
Tract II: Lot 3 of Lot 3 of the Subdivi-
sion of Out Lot 738 in the City of Dubu-
que, Iowa according to the recorded
plat thereof the City of Dubuque, Iowa;
and
Whereas, City was gifted this property/lot
from Wells Fargo Bank in September 2014,
along with $20,000 to be used toward the cost
of deconstruction or renovation of a vacant
duplex on site. Due to the overall poor condi-
tion of the structure and significant damage
cause by termites and water infiltration issue it
was determined to move forward with decon-
struction; and
Whereas, City has met with Habitat for
Humanity who agreed to purchase the lots for
$1 and construct a single family owner occu-
pied dwelling on the site; and
Whereas, conveying the lots to Habitat for
Humanity will meet one our most important
goals and priorities in developing and creating
single family homeownership opportunities for
low-moderate income families; and
Whereas, City desires to hold the required
public hearing and conveyance of the Proper-
ties to Habitat to Humanity.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
intends to dispose of its interest in the follow-
ing legally described property:
Tract I: Lot 1 of Lot 2 of Lot 3 of the
Subdivision of Out Lot 738 in the City of
Dubuque, Iowa and a right of way over
Lot 3 of Lot 3, and over the East 20 feet
of Lot 8, of the Subdivision of Out Lot
738, in the City of Dubuque, Iowa ac-
cording to the recorded plat thereof
Tract II: Lot 3 of Lot 3 of the Subdivi-
sion of Out Lot 738 in the City of Dubu-
que, Iowa according to the recorded
plat thereof the City of Dubuque, Iowa
Section 2. That the City of Dubuque, Iowa
proposes to dispose of its interest in the Prop-
erty to Habitat for Humanity for the sum of $1.
Book 145 Regular Session, October 19, 2015 365
Section 3. That the City Clerk hereby au-
thorized and directed to cause this Resolution
and a notice to be published as prescribed by
Iowa Code Section 364.7 of a public hearing
on the City’s intent to dispose of the Property
to be held on the 2nd day of November, 2015.
At 6:30 o’clock p.m. at the Historic Federal
building, 350 West 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Sale of Property - 1849 Jackson Street:
City Manager recommending setting a public
hearing for November 2, 2015 on the proposed
sale of a lot located at 1849 Jackson Street to
Community Housing Initiatives. Upon motion
the documents were received and filed and
Resolution No. 369-15 Intent to dispose of an
interest in City of Dubuque real estate, setting
a time and place for hearing and providing for
the publication of notice thereof was adopted
setting a public hearing for a meeting to com-
mence at 6:30 p.m. on November 2, 2015 in
the Historic Federal Building.
RESOLUTION NO. 369-15
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE, SET-
TING A TIME AND PLACE FOR HEARING
AND PROVIDING FOR THE PUBLICATION
OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City)
is the owner of 1849 Jackson (the Property)
legally described as:
North ½ of the Middle 1/5 of Out Lot
490 in the City of Dubuque, Iowa ac-
cording to the United States Commis-
sioners Map thereof; and
Whereas, City acquired the Property for
the purpose of its restoration and re-sale for
owner-occupied housing in the Washington
Neighborhood; and
Whereas, City and Community Housing Ini-
tiatives (CHI) entered into an Agreement pur-
suant to which City will convey the Property to
CHI and CHI will rehabilitate the Property con-
sistent with the Washington Neighborhood
Revitalization Strategy as approved by the City
Council; and
Whereas, conveying the Property to CHI is
consistent with both the Washington Neigh-
borhood Revitalization Strategy and the City’s
intent for this specific property; and
Whereas, City desires to hold the required
public hearing and conveyance of the Property
to CHI.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
intends to dispose of its interest in the follow-
ing legally described property:
North ½ of the Middle 1/5 of Out Lot
490 in the City of Dubuque, Iowa ac-
cording to the United States Commis-
sioners Map thereof.
Section 2. That the City of Dubuque, Iowa
proposes to dispose of its interest in the Prop-
erty to CHI for the sum of one dollar ($1.00).
Section 3. That the City Clerk is hereby au-
thorized and directed to cause this Resolution
and a notice to be published as prescribed by
Iowa Code Section 364.7 of a public hearing
on the City’s intent to dispose of the Property
to be held on the 2nd day of November, 2015
at 6:30 o’clock p.m. at the Historic Federal
Building, 350 West 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the following items.
1. University of Dubuque Institutional Dis-
trict ID Amendment: Proof of publication on
notice of public hearing to consider a request
by the University of Dubuque to amend ID
Institutional District to construct an addition to
Mercer Birmingham Hall on the McCormick
Street Extension and the Zoning Advisory
Commission recommending approval. Mayor
Buol stated he is an employee of the Universi-
ty of Dubuque and that after consulting with
the City Attorney, there is no conflict of interest
with this item. Motion by Jones to receive and
file the documents and that the requirement
that a proposed ordinance be considered and
voted on for passage at two Council meetings
prior to the meeting at which it is to be passed
be suspended. Seconded by Connors. Keith
Wipperfurth, Director of Construction Man-
agement for the University of Dubuque, de-
scribed the project and spoke in favor of the
request. Planning Services Manager Laura
Carstens provided a staff report. Motion car-
ried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 63-15 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by provid-
ing for the approval of an Amended Campus
366 Regular Session, October 19, 2015 Book 145
Development Plan for the University of Dubu-
que to allow construction of an addition to
Mercer Birmingham Hall. Seconded by Lynch.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 63-15
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY PROVID-
ING FOR THE APPROVAL OF AN AMEND-
ED CAMPUS DEVELOPMENT PLAN FOR
THE UNIVERSITY OF DUBUQUE TO AL-
LOW CONSTRUCTION OF AN ADDITION
TO MERCER BIRMINGHAM HALL
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code, be amended by providing for
the approval of an amended campus devel-
opment plan for the University of Dubuque ID
Institutional District, a copy of which is on file
with the City of Dubuque Planning Services
Department.
Section 2. Institutional District Regulations.
A. Use Regulations: The following
regulations shall apply to all uses made
of land in the above-described ID Insti-
tutional District:
1. Principal permitted uses shall be
limited to:
a. Offices for administrative per-
sonnel or other institutional em-
ployees and affiliates.
b. Churches, libraries, and mu-
seums.
c. Classrooms, laboratories, lec-
ture halls, and similar places of
institutional assembly.
d. Off-street parking and load-
ing.
e. Recreational or athletic facili-
ties for the primary use and
benefit of institutional residents
or affiliates.
f. Single-family, two-family or
multi-family dwellings for the
housing of institutional residents
or affiliates.
2. Accessory Uses. The following
uses shall be permitted as accesso-
ry uses in the above-described ID
Institutional District.
a. Located entirely within a prin-
cipal building, bookstores, or
bars seating not more than sev-
enty-five (75) persons at one
time and located not closer than
two hundred feet (200’) from the
nearest Residential or Office
Residential District.
b. All uses customarily inci-
dental to the principal permitted
uses in conjunction with which
such accessory uses operated
or maintained, but not to include
commercial use outside the
principal building.
3. No conditional uses shall be al-
lowed.
B. Lot and Bulk Regulations: Develop-
ment of land in the ID Institutional Dis-
trict shall be regulated as follows:
The proposed Mercer Birmingham
building addition shall be constructed in
substantial conformance with the at-
tached amended campus development
plan.
C. Performance Standards: The devel-
opment and maintenance of uses in
this ID Institutional District shall be es-
tablished in conformance with Section
5-22 of the Unified Development Code
and the following standards:
1. The storm water control shall be
designed and built in accordance
with City Regulations subject to re-
view and approval by the City of
Dubuque Engineering Department.
2. That appropriate erosion and
sediment control will be installed
prior to commencement of any land
disturbing activity related to the
subject project, including all re-
quired state and city permits related
to erosion control.
3. New outdoor lighting shall utilize
72-degree cut-off luminaries.
4. Landscaping shall be provided in
compliance with Article 13 of the
Unified Development Code.
5. All utilities, including telephone
and cable television, shall be in-
stalled underground.
6. Final site plans shall be submit-
ted in accordance with Articles 12
and 13 of the Unified Development
Code.
D. Parking Requirements: The off-
street parking requirements for the
principal permitted uses for the herein
described ID Institutional District shall
be regulated as follows. Any significant
expansion or reduction in the number
of off-street parking spaces must be re-
viewed by Planning Services staff for
compliance with the adopted Institu-
tional District regulations.
E. Sign Regulations: The sign regula-
tions shall be the same as that which
are allowed in the ID Institutional Dis-
trict as established in Article 15 of the
Unified Development Code.
Book 145 Regular Session, October 19, 2015 367
F. Additional Standards: That all previ-
ously approved campus development
plans are hereby amended to allow for
the attached campus development
plan.
G. Transfer of Ownership: Transfer of
ownership of property in this ID Institu-
tional District requires rezoning of the
property to an appropriate zoning dis-
trict.
H. Modifications: Any modifications of
this Ordinance must be approved by
the City Council in accordance with
zoning reclassification proceedings of
Article 9 of the Unified Development
Code.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 4. The foregoing amendment shall
take effect upon publication, as provided by
law.
Passed, approved and adopted this 19th
day of October, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 23rd day of October, 2015.
/s/Kevin S. Firnstahl, City Clerk
2. Request to Rezone - 3507 Keystone
Drive: Proof of publication on notice of public
hearing to consider a by Jason and Kim Meyer
to rezone property located at 3507 Keystone
Drive from R-1 Single-Family Residential Dis-
trict to R-3 Moderate Density Multi-Family Res-
idential District and the Zoning Advisory Com-
mission recommending: 1) Denial of the R-3
Moderate Density Multi-Family Residential
District; and 2) Approval of the R-2 Two-Family
Residential District.
Motion by Connors to concur with the de-
nial of a proposed ordinance amending Title
16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by reclassifying
hereinafter described property located at 3507
Keystone Drive from R-1 Single-Family Resi-
dential District to R-3 Moderate Density Multi-
Family District. Seconded by Lynch. Jason
Meyer, 3507 Keystone Drive, explained that
they are no longer requesting the R3 rezoning
and only requesting the R2 rezoning for devel-
opment of a duplex. Planning Services Man-
ager Laura Carstens provided a staff report.
Motion carried 7-0.
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 car-
ried 7-0.
Motion by Connors for final consideration
and passage of Ordinance No. 64-15 Amend-
ing Title 16 of the City of Dubuque Code Of
Ordinances, Unified Development Code, by
reclassifying hereinafter described property
located at 3507 Keystone Drive from R-1 Sin-
gle-Family Residential District to R-2 Two-
Multi-Family Residential District. Seconded by
Jones. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 64-15
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 3507 KEYSTONE
DRIVE FROM R-1 SINGLE-FAMILY RESI-
DENTIAL DISTRICT TO R-2 TWO-MULTI-
FAMILY RESIDENTIAL DISTRIC
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter–described property from
R-1 Single-Family Residential District to R-2
Two-Family Residential District, to wit:
Lot 1 and Lot 2 Block 12 Key Knolls
Subdivision and Lot 2-2-1-1-1-1-1-1-1
of NW ¼ SE ¼ of Section 21 T89N
R2E, and to the centerline of the ad-
joining public right-of-way, all in the City
of Dubuque, Iowa.
Section 2. That the foregoing amendment
has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publication as provided by
law.
Passed, approved and adopted this 19th
day of October, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 23rd day of October, 2015.
/s/Kevin S. Firnstahl, City Clerk
3. Request to Rezone - 1660, 1670 and
1690 University Avenue: Proof of publication
on notice of public hearing to consider a re-
quest by Thomas Tiefenthaler to rezone prop-
erty located at 1660, 1670, and 1690 Universi-
ty Avenue from R-2 Two-Family Residential
District to C-2 Neighborhood Shopping Center
District and the Zoning Advisory Commission
recommending approval. Motion by Connors to
receive and file the documents and that the
requirement that a proposed ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at which
368 Regular Session, October 19, 2015 Book 145
it is to be passed be suspended. Seconded by
Braig. Developer Tom Tiefenthaler, 1107 Sce-
nic Hill Lane, DeWitt, described the project and
responded to questions related to parking,
security, curb cuts, and business traffic that
might impact the area. Planning Services
Manager Laura Carstens provided a staff re-
port and will check on whether or not the prop-
erties being purchased for the project and
eventual demolition are considered “chal-
lenged” properties. Police Chief Mark Dalsing
addressed police calls for service as they re-
late to the nearby bus stop impacted by pedes-
trian traffic to/from Washington Middle School.
Anthony Blum, owner of 1660 University Ave.,
spoke in support of the request citing the ina-
bility to sustain rental properties in the area.
Diane Troester, 1789 University Ave.; Jeff
Klauer, 1705 Delhi St.; and Attorney Keith
Bibelhausen, 225 Hidden Oaks Ct., represent-
ing Dick Hartig, Hartig Drug Co., spoke in op-
position to the request citing the impact of on-
street parking, pedestrian safety issues, and
the uncertainty of future roundabout develop-
ment at this intersection. Ms. Carstens clarified
the requirement for a super majority vote by
Council due to the percentage of written oppo-
sition received. Motion carried 6-1 with Lynch
voting nay.
Motion by Connors for final consideration
and passage of Ordinance No. 65-15 Amend-
ing Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by
reclassifying hereinafter described property
located at 1660, 1670, and 1690 University
Avenue From R-2 Two-Family Residential
District to C-2 Neighborhood Shopping Center
District. Seconded by Braig. Motion carried 6-1
with Lynch voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 65-15
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1660, 1670, AND
1690 UNIVERSITY AVENUE FROM R-2
TWO-FAMILY RESIDENTIAL DISTRICT TO
C-2 NEIGHBORHOOD SHOPPING CENTER
DISTRICT
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter–described property from
R-2 Two-Family Residential District to C-2
Neighborhood Office Commercial District, to
wit:
Lot 17, 18, and 19 of Morheiser’s Sub-
division, and to the centerline of the ad-
joining public right-of-way, all in the City
of Dubuque, Iowa.
Section 2. That the foregoing amendment
has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publication as provided by
law.
Passed, approved and adopted this 19th
day of October, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 23rd day of October, 2015.
/s/Kevin S. Firnstahl, City Clerk
4. Request to Vacate - Sanitary Sewer
Easement 3045 Indiana Court: Proof of publi-
cation on notice of public hearing to consider
disposal of a sanitary sewer easement across
Lot 1 of Indiana Subdivision No. 2 in the City of
Dubuque, 3045 Indiana Court, and the City
Manager recommending approval. Motion by
Lynch to receive and file the documents and
adopt Resolution No. 370-15 Disposing of City
interest in a portion of a Sanitary Sewer
Easement over and across Lot 1 of Indiana
Subdivision No. 2 in the City of Dubuque,
Dubuque County, Iowa. Seconded by Lynch.
Motion carried 7-0.
RESOLUTION NO. 370-15
DISPOSING OF CITY INTEREST IN A POR-
TION OF A SANITARY SEWER EASEMENT
OVER AND ACROSS LOT 1 OF INDIANA
SUBDIVISION NO. 2 IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and pub-
lished notice of time and place of hearing, pub-
lished in the Telegraph Herald, a newspaper of
general circulation published in the City of
Dubuque, Iowa on the 25th day of September,
2015, the City Council of the City of Dubuque,
Iowa met on the 19th day of October, 2015, at
6:30 p.m. in the Historic Federal Building, 350
West 6th Street, Dubuque, Iowa to consider the
disposal of City interest in a portion of a sani-
tary sewer easement over and across real
estate as shown on the attached exhibit la-
belled “Easement Vacate Exhibit” and de-
scribed as:
Lot 1 of Indiana Subdivision No. 2 in
the City of Dubuque, 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 dispose
of City interest in said easement.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the release of City of
Dubuque interest in a portion of the sanitary
Book 145 Regular Session, October 19, 2015 369
sewer easement across said Lot 1 of Indiana
Subdivision No. 2 in the City of Dubuque, Iowa
to Eric M. Bakken.
Section 2. That the Mayor be authorized
and directed to execute a Release of Ease-
ment, and the City Clerk be and is hereby au-
thorized and directed to deliver said Release
to Eric M. Bakken.
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution and Release of
Easement in the offices of the City Assessor,
Dubuque County Recorder and Dubuque
County Auditor.
Passed, approved and adopted this 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Sewershed 7 & 10 Manhole Replace-
ment Project: Proof of publication on notice of
public hearing to consider approval of plan,
specifications, form of contract, and estimated
cost for the Sewershed 7 &10 Manhole Re-
placement project and the City Manager rec-
ommending approval. Motion by Braig to re-
ceive and file the documents and adopt Reso-
lution No. 371-15 Approval of plans, specifica-
tions, form of contract, and estimated cost for
the 2015 Sewershed 7 & 10 Manhole Re-
placement Project. Seconded by Resnick. Mo-
tion carried 7-0.
RESOLUTION NO. 371-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE 2015 SEWERSHED 7 & 10
MANHOLE REPLACEMENT PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
2015 Sewershed 7 & 10 Manhole Replace-
ment Project, in the estimated amount
$142,591.50, are hereby approved.
Passed, adopted and approved this 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Greater Downtown Urban Renewal Dis-
trict - Urban Renewal Plan Amendment: Proof
of publication on notice of public hearing to
consider an amendment to the Amended and
Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District and the City
Manager recommending approval. Motion by
Jones to receive and file the documents and
adopt Resolution No. 372-15 Approving the
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District. Seconded by Connors. Motion carried
7-0.
RESOLUTION NO. 372-15
APPROVING THE AMENDED AND RE-
STATED URBAN RENEWAL PLAN FOR
THE GREATER DOWNTOWN URBAN RE-
NEWAL DISTRICT
Whereas, by Resolution 324-15 on Sep-
tember 21, 2015 the City Council of the City of
Dubuque, Iowa authorized the preparation of
an Amended and Restated Urban Renewal
Plan (the "Amended and Restated Plan") for
the Greater Downtown Urban Renewal District
(the "District"); and
Whereas, the City of Dubuque's primary
objective for the Amended and Restated Plan
is to provide opportunities which will further
economic development purposes and objec-
tives as described in the Plan in the District;
and
Whereas, a consultation process has been
undertaken with affected taxing entities in ac-
cordance with Chapter 403 of the Code of Io-
wa with no written objections or recommended
changes to the Amended and Restated Plan
received; and
Whereas, the City Council, in accordance
with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed Amend-
ed and Restated Plan.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated
Urban Renewal Plan for the Greater Down-
town Urban Renewal District, on file in the City
Clerk's Office and made reference to herein, is
hereby approved.
Section 2. That the City Clerk of the City of
Dubuque, Iowa is hereby authorized and di-
rected to file a certified copy of this Resolution
in the office of the Dubuque County Recorder.
Passed, approved and adopted this 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Bunker Hill Irrigation Project Phase 2
Award: City Manager recommending award of
the contract for the Bunker Hill Irrigation Re-
placement Project Phase 2 to the low bidder
Leibold Irrigation, Inc. Motion by Connors to
receive and file the documents and adopt
Resolution No. 373-15 Awarding the public
370 Regular Session, October 19, 2015 Book 145
improvement contract for the Bunker Hill Golf
Course Irrigation Project Phase 2. Seconded
by Jones. Motion carried 7-0.
RESOLUTION NO. 373-15
AWARDING THE PUBLIC IMPROVEMENT
CONTRACT FOR THE BUNKER HILL GOLF
COURSE IRRIGATION PROJECT PHASE 2
Whereas, sealed proposals have been
submitted by contractors for the Bunker Hill
Golf Course Irrigation Project Phase 2 (the
Project) pursuant to Resolution No. 306-15
and Notice to Bidders published in a newspa-
per published in the City of Dubuque, Iowa on
the 11th day of September, 2015.Whereas,
said sealed proposals were opened and read
on the 28th day of September, 2015 and it has
been determined that Leibold Irrigation, Inc. of
East Dubuque, IL, with a bid in the amount of
$197,600.00, is the lowest responsive, re-
sponsible 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 Leibold Irrigation
Inc. and the City Manager is hereby directed to
execute a Public Improvement Contract on
behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 19th
day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Code of Ordinances Amendment - Title
2 Civic Center Advisory Commission: City
Manager recommending approval of an ordi-
nance which adds a new Title 2, Chapter 4,
which establishes the Civic Center Advisory
Commission and provides for the powers, op-
eration, membership and meetings. Motion by
Jones to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Connors. Motion carried
7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 66-15 Amending
City of Dubuque Code of Ordinances Title 2
Boards and Commissions by repealing Chap-
ter 4 Civic Center Advisory Commission and
adopting a new Chapter 4 Civic Center Adviso-
ry Commission in lieu thereof establishing the
Civic Center Advisory Commission and provid-
ing for the powers, operations, membership
and meetings. Seconded by Connors. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 66-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS BY REPEALING CHAPTER
4 CIVIC CENTER ADVISORY COMMISSION
AND ADOPTING A NEW CHAPTER 4 CIVIC
CENTER ADVISORY COMMISSION IN LIEU
THEREOF ESTABLISHING THE CIVIC CEN-
TER ADVISORY COMMISSION AND
PROVIDING FOR THE POWERS, OPERA-
TION, MEMBERSHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 2, Chapter 4 of the City of
Dubuque Code of Ordinances is hereby re-
pealed and the following adopted in lieu there-
of:
Chapter 4
CIVIC CENTER ADVISORY COMMISSION
2-4-1: Commission Created: There is
hereby created the Civic Center Advisory
Commission.
2-4-2: Purpose: The purpose of the com-
mission is to advise the Leisure Services De-
partment, the city manager, and the city coun-
cil and to make recommendations to the opti-
mum utilization of the Civic Center facility by
the widest possible range of users and uses to
respond to community needs and demands at
the least possible cost to the city.
2-4-3: Internal Organization and Rules:
The commission may adopt rules and regula-
tions to govern its organizational procedures
as may be necessary and which are not in
conflict with this Code of Ordinances or the
Iowa Code.
2-4-4: Procedures for Operation: All admin-
istrative, personnel, accounting, budgetary,
and procurement policies of the city govern the
commission in all its operations.
2-4-5: Membership:
A. The commission comprises five (5)
residents of the city, appointed by the
city council.
B. Residents must be eighteen (18)
years of age or older.
2-4-6: Oath: Each person, upon appoint-
ment or reappointment to the commission,
must execute an oath of office at the first
meeting of the commission following the ap-
pointment or reappointment or at the city
clerk’s office any time prior to the first meeting
of the commission.
2-4-7: Terms: The term of office for com-
missioners is three (3) years or until such
commissioner’s successor is appointed and
qualified.
2-4-8: Vacancies: Vacancies must be filled
in the same manner as original appointments.
2-4-9: Officers/Organization: The commis-
sioners must choose annually a chairperson
and vice-chairperson, each to serve a term of
one (1) year. The chairperson must appoint a
Book 145 Regular Session, October 19, 2015 371
secretary, who need not be a member of the
commission. The commissioners must fill a
vacancy among its officers for the remainder of
the officer’s unexpired term.
2-4-10: Meetings:
A. Regular Meetings. The commission
must meet quarterly.
B. Special Meetings. Special meetings
may be called by the chairperson or at
the written request of a majority of the
commissioners.
C. Open Meetings. All meetings must
be called and held in conformance with
the Iowa Open Meetings Law.
D. Attendance.
1. In the event a commissioner has
been absent for three (3) or more
consecutive meetings of the com-
mission, without being excused by
the chairperson, such absence will
be grounds for the commission to
recommend to the city council that
the position be declared vacant and
a replacement appointed.
2. Attendance must be entered up-
on the minutes of all meetings.
E. Minutes. A copy of the minutes of all
regular and special meetings of the
commission must be filed with the city
council within ten (10) working days af-
ter each meeting, or by the next regu-
larly scheduled city council meeting,
whichever is later.
F. Quorum. Three (3) commissioners
constitute a quorum for the transaction
of business. The affirmative vote of a
majority of the commissioners present
and voting is necessary for the adop-
tion of any motion or resolution.
2-4-11: Compensation: Commissioners
serve without compensation, provided that
they may receive reimbursement for necessary
travel and other expenses while on official
commission business within the limits estab-
lished in the city administrative policies and
budget.
2-4-12: Removal: Except as provided in 2-
4-10(D)(1), the city council may remove any
commissioner for good cause.
2-4-13: Powers: The commission has the
following powers, duties, and responsibilities:
A. Provide the city council with recom-
mendations that further the general and
specific purposes of the commission.
B. Recommend the development of fi-
nancial and other resources to support
the short- and long-term capital needs
of the Civic Center facility and its pro-
grams.
C. Recommend programs to provide a
variety of year round intellectual, cul-
tural, enjoyable, and attractive leisure
time activities which contribute to the
physical and mental well-being of resi-
dents and visitors.
D. Recommend programs which con-
tribute to the economic base of the
community by encouraging business
use of the Civic Center facility.
E. Recommend schedules of fees and
charges for special building services,
equipment, special building features,
and rental rates.
F. Recommend informational and pro-
motional programs to secure the full
support and participation of the com-
munity.
G. Recommend the annual operating
budget and an ongoing capital im-
provements budget that provides a
safe, secure, sanitary, clean, and at-
tractive facility.
H. Recommend development of com-
munity partnerships related to tourism
for optimum utilization of the Civic Cen-
ter facility.
2-4-14: Solicitation and Acceptance of Do-
nations: The commission may solicit donations
and gifts of money, personal and real property,
and personal services, which must be donated
or gifted to the City of Dubuque, for the gen-
eral support of the Civic Center unless such
donations or gifts are designated by the donor
for a specific purpose.
Section 2. Nothing herein effects the term
of any person serving as a commissioner as of
the effective date of this Ordinance.
Section 3. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 19th
day of October, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 23rd day of October, 2015.
/s/Kevin S. Firnstahl, City Clerk
3. Code of Ordinances Amendment - Title
2 Housing Commission: City Manager recom-
mending approval of an ordinance which adds
a new Title 2, Chapter 5, Article B which estab-
lishes the Housing Commission and provides
for the powers, operation, membership and
meetings. Motion by Jones to receive and file
the documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Connors. Motion
carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 67-15 Amending
City of Dubuque Code of Ordinances Title 2
Boards and Commissions, Chapter 5 Housing
Agency and Community Development Com-
missions by repealing Article B Housing Com-
372 Regular Session, October 19, 2015 Book 145
mission and adopting a new Article B Housing
Commission in lieu thereof establishing the
Housing Commission and providing for the
powers, operation, membership, and meet-
ings. Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 67-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS, CHAPTER 5 HOUSING
AGENCY AND COMMUNITY DEVELOP-
MENT COMMISSIONS BY REPEALING AR-
TICLE B HOUSING COMMISSION AND
ADOPTING A NEW ARTICLE B HOUSING
COMMISSION IN LIEU THEREOF ESTAB-
LISHING THE HOUSING COMMISSION AND
PROVIDING FOR THE POWERS, OPERA-
TION, MEMBERSHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 2, Chapter 5, Article B of
the City of Dubuque Code of Ordinances is
hereby repealed and the following adopted in
lieu thereof:
ARTICLE B
HOUSING COMMISSION
2-5B-1: Commission Created: There is
hereby created the Housing Commission.
2-5B-2: Purpose: The purpose of the
commission is to undertake and carry out stud-
ies and analysis of housing needs and the
meeting of such needs; to recommend pro-
posed projects in the area of low- and moder-
ate-income housing for the citizens of the city;
to monitor the city's housing programs; and to
conduct grievances regarding the Rental As-
sistance Program, except in the area of Hous-
ing Code enforcement.
2-5B-3: Internal Organization and Rules:
The commission may adopt rules and regula-
tions to govern its organizational procedures
as may be necessary and which are not in
conflict with this Code of Ordinances or the
Iowa Code.
2-5B-4: Procedures for Operation: All ad-
ministrative, personnel, accounting, budgetary,
and procurement policies of the city govern the
commission in all its operations.
2-5B-5: Membership:
A. The commission comprises ten (10)
residents of the city.
B. Residents must be eighteen (18)
years of age or older.
C. Special Qualifications.
1. At least three (3) members must
be selected specifically on the basis
of experience in real estate devel-
opment, banking, finance, account-
ing, funds management, or other re-
lated areas of expertise.
2. One (1) member must be a per-
son who is a recipient of tenant
based rental assistance under Sec-
tion 8 of the United States Housing
Act of 1937 whose name appears
on a lease of Section 8 property. If
such member ceases to be a recip-
ient of rental assistance under Sec-
tion 8, the term of such member is
deemed terminated and a new
member who meets the require-
ments of this Subsection must be
appointed for the remainder of the
term.
3. One (1) member must be ap-
pointed by the commission, with city
council approval, to serve on the
Community Development Advisory
Commission.
4. Three (3) members must be ap-
pointed by the commission, with city
council approval, to serve on the
Housing Trust Fund Advisory
Commission.
5. The remaining members are at-
large members.
2-5B-6: Oath: Each person, upon appoint-
ment or reappointment to the commission,
must execute an oath of office at the first
meeting of the commission following the ap-
pointment or reappointment or at the city
clerk’s office any time prior to the first meeting
of the commission.
2-5B-7: Terms: The term of office for com-
missioners is three (3) years or until such
commissioner’s successor is appointed and
qualified. The terms of the cross-
representative appointees to the Community
Development Advisory Commission and the
Housing Trust Fund Advisory Commission
must coincide with their terms on the Housing
Commission.
2-5B-8: Vacancies: Vacancies must be
filled in the same manner as original appoint-
ments.
2-5B-9: Officers/Organization: The com-
missioners must choose annually a chairper-
son and vice-chairperson, each to serve a
term of one (1) year. The chairperson must
appoint a secretary, who need not be a mem-
ber of the commission. The commissioners
must fill a vacancy among its officers for the
remainder of the officer’s unexpired term.
2-5B-10: Meetings:
A. Regular Meetings. The commission
must meet monthly.
B. Special Meetings. Special meetings
may be called by the chairperson or at
the written request of a majority of the
commissioners.
C. Open Meetings. All meetings must
be called and held in conformance with
the Iowa Open Meetings Law.
Book 145 Regular Session, October 19, 2015 373
D. Attendance.
1. In the event a commissioner has
been absent for three (3) or more
consecutive meetings of the com-
mission, without being excused by
the chairperson, such absence will
be grounds for the commission to
recommend to the city council that
the position be declared vacant and
a replacement appointed.
2. Attendance must be entered up-
on the minutes of all meetings.
E. Minutes. A copy of the minutes of all
regular and special meetings of the
commission must be filed with the city
council within ten (10) working days af-
ter each meeting, or by the next regu-
larly scheduled city council meeting,
whichever is later.
F. Quorum. Six (6) commissioners con-
stitute a quorum for the transaction of
business. The affirmative vote of a ma-
jority of the commissioners present and
voting is necessary for the adoption of
any motion or resolution.
2-5B-11: Compensation: Commissioners
serve without compensation, provided that
they may receive reimbursement for necessary
travel and other expenses while on official
commission business within the limits estab-
lished in the city administrative policies and
budget.
2-5B-12: Removal: Except as provided in
2-5B-10(D)(1), the city council may remove
any commissioner for good cause.
2-5B-13: Powers: The commission has the
following powers, duties, and responsibilities:
A. To contribute as appropriate in the
planning, coordinating, and review of
housing development;
B. To conduct public hearings to en-
sure meaningful citizen input in the
planning, implementation, and assess-
ment of the city’s housing programs;
C. To provide for and encourage the
participation of low and moderate in-
come persons in the planning, imple-
mentation, and assessment of housing
programs;
D. To provide input into the community
planning process and to assist in ac-
complishing a coordinated and con-
sistent housing development program
of the city in accordance with present
and future housing needs;
E. To request and review ongoing sur-
veys assessing housing needs and
identifying future community housing
needs, particularly the needs of per-
sons of low and moderate income;
F. To support the efforts of the city
council and other city commissions in
the assessment of the general housing
needs of the community;
G. To undertake from time to time other
specific ongoing housing planning
which may be referred to it by the city
council;
H. To research and recommend to the
city council policies and programs facili-
tating the development of affordable
housing;
I. To undertake public information ef-
forts to educate citizens of the availabil-
ity of federal, state, and locally funded
housing assistance programs;
J. To assist in the preparation of the
housing element of the city compre-
hensive plan and the annual consoli-
dated plan;
K. To offer comment, as appropriate,
on the consistency of proposed hous-
ing development with the comprehen-
sive plan, consolidated plan, and exist-
ing city housing strategies; and
L. Undertake such additional duties,
with regard to the Housing Trust Fund,
as are specified in this Code.
2-5B-14: Project Approval: Any proposed
low rent housing project is subject to the ap-
proval of the city council and any project re-
quiring a referendum as provided in the Iowa
Code must be submitted to the voters of the
city in accordance with the Iowa Code.
2-5B-15: Monitor Housing Program; Con-
duct Hearings on Grievances: The commission
monitors the city’s housing program and con-
ducts hearings on grievances arising out of the
operation of such program with the exception
of Housing Code enforcement which is han-
dled by the Housing Code Appeals Board.
Section 2. Nothing herein effects the term
of any person serving as a commissioner as of
the effective date of this Ordinance.
Section 3. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 19th
day of October, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 23rd day of October, 2015.
/s/Kevin S. Firnstahl, City Clerk
4. National League of Cities Voting Dele-
gates: Correspondence from the National
League of Cities requesting that the City des-
ignate a voting delegate and alternate voting
delegate for the upcoming National League of
Cities Annual Business meeting on November
7, 2015. Motion by Connors to receive and file
the documents and appoint Council Member
Lynn Sutton as the voting delegate. Seconded
by Jones. Motion carried 7-0.
374 Special Session, November 2, 2015 Book 145
COUNCIL MEMBER REPORTS
Council Member Ric Jones reported on
NICC’s recent open house for their Additive
Advanced Manufacturing Prototype facility/3D
printing and the implications to city govern-
ment and economic development.
PUBLIC INPUT
Dan Boots, 2080 Roosevelt St., requested
information on the Affirmatively Furthering Fair
Housing program and the impact on property
taxes and city services. City Manager Van
Milligen stated that he is drafting a response to
Mr. Boots.
There being no further business, upon mo-
tion the City Council adjourned at 8:28 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:00 p.m. on November 2, 2015 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol; Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; Assistant City Manager Steinhauser, City
Attorney Lindahl
Absent: City Manager Van Milligen
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of conducting a work session on
Inclusive Dubuque.
WORK SESSION
Inclusive Dubuque Quarterly Update
Human Rights Directory Kelly Larson pro-
vided an overview of the work session pre-
sented by Inclusive Dubuque representatives
Eric Dregne of Community Foundation of
Greater Dubuque, Art Roche of Mercy Hospi-
tal, Danielle Moore of John Deere, Barry Gen-
try and Jessica Rose of the Dubuque Area
Chamber of Commerce, Kristin Dietzel of
NICC, and Phil Kramer of the Dubuque Com-
munity School District. Topics included:
• Inclusive Dubuque network partners
• History of Inclusive Dubuque 2012-
2015
• Purpose: organize people, identify
opportunities, take action to challenge
and change social and economic
structure
• Community Equity Profile
o Race, generation, class, re-
ligion, disability, culture, na-
tionality, gender, ethnicity,
sexual orientation
o Economic wellbeing, hous-
ing, education, health, safe
neighborhoods, transporta-
tion, arts/culture
o Data, community dialogues,
community surveys
o Community engagement
and reach-in strategy
o Demographics of partici-
pants: race/ethnicity, gen-
der, age, education, tenure
in Dubuque, household in-
come, neighborhood, reli-
Book 145 Regular Session, November 2, 2015 375
gion, marital status, veteran,
physical/mental disability,
LGBTQ
o Early Action:
Chamber of Com-
merce – un-
derrepresented
Business Council
Greater Dubuque
Development
Corp./NICC out-
reach coordinator
to minority commu-
nities for educa-
tion/training oppor-
tunities
Schools – imple-
menting cultural
proficiency training
o Next Steps:
Equity Profile
Summary
identify priorities
network partners
take action in work-
ing groups
network partner to
measure outcomes
with results-based
accountability
equity action plan
on-going communi-
ty engagement
• City Government as a Mission Mem-
ber
A question/answer period with the City
Council followed the presentation.
There being no further business, upon mo-
tion the City Council adjourned at 6:01 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on November 2, 2015 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol; Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; Assistant City Manager Steinhauser, City
Attorney Lindahl
Absent: City Manager Van Milligen
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.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
Adoption Month (November 2015) was ac-
cepted by Christa Hefel, Post-Adoption Sup-
port Specialist for Four Oaks/KidsNet, 180 W.
15th St.
Hospice Month (November 2015) was ac-
cepted by Carole Carroll, Hospice of Dubuque,
2255 JFK Rd.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7-0.
1. Minutes and Reports Submitted: City
Council Proceedings of 10/19; Historic Preser-
vation Commission of 10/15; Housing Com-
mission of 10/27; Library Board of Trustees
Update of 10/22; Long Range Planning Advi-
sory Commission of 10/22; Park & Recreation
Commission of 10/13; Zoning Board of Ad-
justment of 10/22; Proof of Publication for City
Council Proceedings of 10/5; Proof of publica-
tion of Notice of Claims and Summary of Rev-
enues for Month Ending 8/31. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Craig Kow-
alski for property damage. Upon motion the
documents were received, filed and referred to
the City Attorney.
376 Regular Session, November 2, 2015 Book 145
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Craig Kowalski for property damage.
Upon motion the documents were received,
filed and concurred.
4. Dubuque Community Receives Three
Iowa Tourism Awards: City Manager transmit-
ting correspondence about the America's River
Festival, the Hotel Julien Dubuque, and Dig In!
Iowa's Agricultural Innovation Tour receiving
awards from the Iowa Tourism Office and the
Travel Federation of Iowa. Upon motion the
documents were received and filed.
5. Federal Energy Regulatory Commission
(FERC): City Manager transmitting updated
correspondence to the Federal Energy Regu-
latory Commission (FERC) regarding the ex-
ploration of hydroelectric power development
at Lock and Dam No. 11. Upon motion the
documents were received and filed.
6. Iowa Department of Natural Resources
(IDNR) - FY15 IOWA STATEMAP Proposal:
City Manager transmitting a letters of support
from the City and the Catfish Creek Watershed
Authority to the Iowa Department of Natural
Resources (IDNR) for the FY15 IOWA
STATEMAP proposal, which includes subpro-
jects for geologic mapping in Dubuque County.
Upon motion the documents were received
and filed.
7. Iowa Department of Revenue Notice of
Intended Action ARC 2178C: City Manager
recommending approval of the City's response
to the Iowa Department of Revenue's pro-
posed amendments to the Iowa tax statutes.
Upon motion the documents were received,
filed and approved.
8. Fuller vs. City of Dubuque Settlement:
City Attorney recommending approval of a
Partial Dismissal with Prejudice and the Re-
lease related to Cheryl Fuller vs. City of Dubu-
que and Tina Pimentel suit. Upon motion the
documents were received, filed and approved.
9. East Dubuque Savings Bank Agreement
for 911 High Bluff Street: City Manager rec-
ommending approval of an agreement be-
tween the City and East Dubuque Savings
Bank for liens against property at 911 High
Bluff Street related to emergency repairs of the
retaining wall. Upon motion the documents
were received, filed and approved.
10. Accepting Sanitary Sewer Access
Easement - Timber-Hyrst Estates: City Man-
ager recommending acceptance of the Grant
of Sanitary Sewer Access Easement from
North Cascade Road Developers, LLC in Tim-
ber-Hyrst Estates No. 4. Subdivision. Upon
motion the documents were received and filed
and Resolution No. 374-15 Accepting a Grant
of Sanitary Sewer Access Easement through,
over and across part of Lot G and Lot 38 of
Timber-Hyrst Estates No. 4 Subdivision, in the
City of Dubuque, Iowa was adopted.
RESOLUTION NO. 374-15
ACCEPTING A GRANT OF SANITARY
SEWER ACCESS EASEMENT THROUGH,
OVER AND ACROSS PART OF LOT G AND
LOT 38 OF TIMBER-HYRST ESTATES NO. 4
SUBDIVISION, IN THE CITY OF DUBUQUE,
IOWA
Whereas, North Cascade Road Develop-
ers LLC has executed a Sanitary Sewer Ac-
cess Easement through, over and across Part
of Lot G and Lot 38 of Timber-Hyrst Estates
No. 4 Subdivision, in the City of Dubuque,
Dubuque County, Iowa. Said easement has
been filed and recorded in the Dubuque Coun-
ty Recorder’s Office as File Number 2015-
00013514.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Sanitary Sewer
Access Easement through, over and across
Part of Lot G and Lot 38 of Timber-Hyrst Es-
tates No. 4 Subdivision, in the City of Dubu-
que, Dubuque County, Iowa from North Cas-
cade Road Developers LLC, a copy of which is
attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. 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 Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 2nd day
of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. 2015 Sidewalk Assessment Program:
City Manager recommending adoption of a
resolution establishing the final assessment
schedule for the 2015 Sidewalk Assessment
Program. Upon motion the documents were
received and filed and Resolution No. 375-15
Adopting the final Assessment Schedule for
the Public Right-of-Way Sidewalk Repair As-
sessment Project was adopted.
Book 145 Regular Session, November 2, 2015 377
RESOLUTION NO. 375-15
ADOPTING THE FINAL ASSESSMENT
SCHEDULE FOR THE 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 bene-
fited properties, the respective sums indicated.
The amounts shown in said Final Schedule of
Assessments as deficiencies are found to be
proper and levied conditionally against the
respective properties benefited by the im-
provements as shown in the Final Schedule of
Assessments, subject to the provisions of Iowa
Code § 384.63. Said assessments against
said lots are hereby declared to be in propor-
tion to the special benefits conferred and not in
excess of twenty-five percent of the value of
same.
The City Clerk be and is hereby directed to
certify the Final Schedule of Assessments to
the County Treasurer of Dubuque County,
Iowa, and to publish notice of said certification
once each week for two consecutive weeks in
the manner provided in Iowa Code § 362.3,
the first publication of which shall be not more
than fifteen days from the date of filing of the
Final Schedule of Assessments. On or before
the date of the second publication of the no-
tice, 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, Dubu-
que, Iowa at any time within 30 days after the
date of the first notice of the Final Schedule of
Assessments. Thereafter, unpaid assessments
of $500.00 or more are payable in 15 annual
installments at the County Treasurer’s Office,
Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa and will draw annual
interest at three percent (3%) computed to
December 1 next following the due dates of
the respective installments as provided in Sec-
tion 384.65 of the Code of Iowa. Each install-
ment will be delinquent from October 1 follow-
ing its due date on July 1 of each year. How-
ever, when the last day of September is a Sat-
urday or Sunday, that amount shall be delin-
quent from the second business day of Octo-
ber. Delinquent installments will draw the
same delinquent interest as ordinary taxes.
Property owners may elect to pay any annual
installments semi-annually in advance.
Passed, approved and adopted this 2nd day
of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Schedule of Assessments
Sidewalk Repair Assessment
Property Owner Name; Lot Description; Parcel
Number; Mailing Address; Valuation; Assess-
ment
Allison, Michael; Lot 1-1-1-1-11,LOT1-1-1-1-
12, S 15' Lot 2-1-1-1-11 & S 15 Lot 2-1-1-1-12
all in Oak Grove Add; Parcel # 1036205009;
465 Esther Street, Dubuque, IA 52003; Valua-
tion: $85,960.00; Assessment: $1,488.68
12. Delinquent Garbage Collection Ac-
counts: City Manager recommending adoption
of a resolution authorizing the City to certify
garbage collection charges to the Dubuque
County Treasurer in order to establish real
property liens for collection of such charges.
Upon motion the documents were received
and filed and Resolution No. 376-15 Authoriz-
ing the City to collect delinquent collection
charges in accordance with Title 6-6-3C2o;
Title 6-6-4B3 & Title 6-6B of the Code of Ordi-
nances of the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 376-15
AUTHORIZING THE CITY TO COLLECT DE-
LINQUENT GARBAGE COLLECTION
CHARGES IN ACCORDANCE WITH TITLE
6-6-3C2o; TITLE 6-6-4B3 & TITLE 6-6B OF
THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, residential properties in the City
of Dubuque are considered substandard if any
conditions exist to an extent that endanger life,
limb, health, property, safety or welfare of the
public or the occupants thereof; and
Whereas, whenever in the judgment of the
Housing Officer, a nuisance that is “palpably
and indisputably such” exists which requires
immediate action to protect the public health,
safety or welfare of the public, the Housing
Officer may order the emergency abatement of
such; and
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 I. That the persons listed on the at-
tached Garbage Assessment Schedule are
delinquent in the payment of garbage collec-
tion charges:
378 Regular Session, November 2, 2015 Book 145
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 Gar-
bage 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 parcels of property set
opposite the names of the owners.
Passed, approved and adopted this 2nd day
of November, 2015.
Roy D Buol, Mayor
Attest: Kevin S Firnstahl, City Clerk
Schedule of Assessments
Weed/Junk/Garbage Enforcement Programs
Property Address; Owner; Parcel; Legal De-
scription; Date cut/cleaned up by contractor;
Expense; Admin. Fee
Washington St, 1890; Felicia Fountain,
1890 Washington St, Dubuque, IA 52001;
1.02E+09; S 1/2 of Lot 97 East Dubuque Add;
07/07/2015; $95.00; $25.00
Avoca St, 1800; Douglas Cox, 1800 Avoca
St, Dubuque, IA 52001; 1.02E+09; W 140' of
Lot 7 Mills West Dub; 07/07/2015; $90.00;
$25.00
Liberty Ave, 913; Deborah Merfeld, 913
Liberty Ave, Dubuque, IA 52001; 1.01E+09;
Lot 7 & 8 Clarks Sub; 07/24/2015; $313.78;
$25.00
Jackson St, 3118; Queck Capital Man-
agement, LLC, PO Box 762, Dubuque, IA
52004; 1.01E+09; N 1/2 of Lot 1 Liebe’s Sub
#1; 07/17/2015; $157.11; $25.00
Central Ave, 3001; Jeffrey Streit, 3001
Central Ave, Dubuque, IA 52001; 1.01E+09;
LOT 12 G R WESTS DUBUQUE; 09/02/2015;
$56.25; $25.00
Windsor Ave, 2513; Robert Hendren, 2513
Windsor Ave, Dubuque, IA 52001; 1.01E+09;
N 25 1/2' Lot 27 Stafford’s Add; 08/31/2015;
$45.00; $25.00
Air Hill St, 850; Louis G. Mihalakis, 1212
Miller Rd, Dubuque, IA 52003; 1.03E+08; N
40'-S 1/2-LOT 12, S 35'-S 1/2-Lot 12, & S 60'-
Lot 13 all in Kelly's Sub; 07/13/2015; $56.25;
$25.00
Clarke Dr., 2155; Robert Stern & Cynthia
Et al, 2155 Clarke Dr., Dubuque, IA 52001;
1.02E+09; LOT 106 Finley Add; 07/14/2015;
$112.50; $25.00
Lowell St, 895; Bruce Bisping, 895 Lowell
St, Dubuque, IA 52001; 1.02E+09; S 50' of
Lots 22 & 23 Busemans Sub #1; 10/05/2015;
$105.21; $25.00
N Algona St, 1695; Laura & Jamey Ran-
nals, 1695 N Algona St, Dubuque, IA 52001;
1.02E+09; Lot 233 Woodlawn Park Add;
09/08/2015; $56.25; $25.00
Clarke Dr., 2155; Robert Stern & Cynthia
Et al, 2155 Clarke Dr., Dubuque, IA 52001;
1.02E+09; LOT 106 FINLEY ADD; 09/10/2015;
$135.00; $25.00
Andrew Ct, 2708; Holly Lynch, 2708 An-
drew Ct, Dubuque, IA 52001; 1.01E+09; Lot 7
Richards Sub; 09/10/2015; $157.50; $25.00
Elm St, 2721; Travis Kaiser & Kendra
Chapman, 2721 Elm St, Dubuque, IA 52001;
1.01E+09; S 1/2 of Lot 191 Glendale Add;
10/02/2015; $112.50; $25.00
Spires Dr., 877; Jimmy Hum & Heather
Jones, 31 Orrington Ct, Schaumburg, IL
60173; 1.02E+09; Lot 7 Blk 1 Clarke Crest
Estates 2nd Add; 10/01/2015; $67.50; $25.00
St. John Dr., 2212; US Bank National As-
sociation, 3815 SW Temple, Salt Lake City
UT, 84115; 1.02E+09; Lot 33 Blk 2 Sunset
Park #2; 07/14/2015; $67.50; $25.00
Clarke Dr., 40; Robyn St. Joan, 40 Clarke
Dr., Dubuque, IA 52001; 1.02E+09; Lot 2 M a
Rebman’s Sub; 02/18/2015; $77.00; $25.00
Jackson St, 1849; Chad Hansen, 511 Gar-
field Ave, #106, Dubuque, IA 52001;
1.02E+09; N 1/2 M 1/5 City Lot 490;
06/30/2015; $120.00; $25.00
13. Delinquent Garbage, Junk, and Weeds
Removal Collection Accounts: City Manager
recommending the levy of special assess-
ments for the Weed/Junk/Garbage Enforce-
ment Programs against seventeen separate
parcels of property inspected from July 1, 2015
to October 5, 2015. Upon motion the docu-
ments were received and filed and Resolution
No. 377-15 Adopting the Schedule of Assess-
ments for 2015 and directing the City Clerk to
certify the Schedule of Assessments to the
County Treasurer and to public notice thereof
was adopted.
RESOLUTION NO. 377-15
ADOPTING THE SCHEDULE OF ASSESS-
MENTS FOR 2015 AND DIRECTING THE
CITY CLERK TO CERTIFY THE SCHEDULE
OF ASSESSMENTS TO THE COUNTY
TREASURER AND TO PUBLISH NOTICE
THEREOF
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Sched-
ule of Assessments attached hereto for
weed/grass cutting and junk/garbage removal
tax assessments which Schedule of Assess-
ments was filed in the office of the City Clerk
on the 29th day of October, 2015, the said
Schedule of Assessments be and the same is
hereby approved and adopted.
That there be, and is hereby assessed and
levied as a lien upon the real property, the
respective sums indicated.
Book 145 Regular Session, November 2, 2015 379
That the City Clerk be and is hereby di-
rected to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to
publish notice of said certification once each
week for two consecutive weeks in the manner
provided in Iowa Code §362.3, the first publi-
cation of which shall be not more than fifteen
days from the date of filing of the final sched-
ule. On or before the date of the second publi-
cation of the notice, the City Clerk shall also
mail a copy of said notice to property owners
whose property is subject to assessment, as
provided and directed in Iowa Code § 384.60.
The assessments may be paid in full or in
part without interest at the Utility Billing Office,
City Hall, 50 W. 13th Street, Dubuque, Iowa at
any time within 30 days after the date of the
first publication of the notice of the filing of the
Schedule of Assessments with the County
Treasurer. After 30 days, unpaid assessments
are payable at the County Treasurer’s Office,
Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa and charges shall be
collected in the same manner as general
property taxes against the respective parcels
of the property set opposite the name of the
property owner.
Passed, approved and adopted this 2nd day
of November, 2015
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Schedule of Assessments
Delinquent Garbage Collection Charges
Location; Owner; Parcel #; Amount; Category
2950 Elm; Lot 51 Glendale Add; Willis,
Lawrence J. 2950 Elm St. Dubuque IA 52001;
1013109003; $96.91; garbage
1997 Jackson; S 52'5" N 2/5 OF CITY Lot
489; Davis, Kevin C & Lenora L. 1997 Jackson
St. Dubuque IA 52001; 1024254008; $101.00;
garbage
1025 Bluff; E 1/2 Lot 5 OF E 1/2 OF CITY
Lot 655; Schellenberg, Blake R & Linda A.
31170 Southwest County View, Wilsonville OR
97070; 1024457016; $350.35; garbage
115 W 13th; W 15.54' OF W 62' OF S 2/5
OF CITY Lot 461; Adams, Clarence J. 3730
Pennsylvania #222, Dubuque IA 52002;
1024411013; $80.00; garbage
2138 Jackson; S 40'-Lot 52 L H Langwor-
thy's Add; Homebuyers LLC, 3500 Dodge St
#149, Dubuque IA 52003; 1024209005;
$85.00; garbage
301 Clarke; Lot 1-93 COX'S Add & Lot 2-1-
56 MARSH'S Add; Skaife Jr, Richard L. 301
Clarke Dr. Dubuque IA 52003; 1024176033;
$89.00; garbage
2137 Jackson; Lot 2-S 36'6"-E 1/2-Lot 37 L
H Langworthy's Add; Valdez, Gloria, 11860 Bill
Allen Dr. Tyler TX 75706; 1024208016;
$80.00; garbage
1069 Vernon; Lot 38 Levens Add; Heagy,
Sherri M & Shirley L. 2891 Indiana Ave. Dubu-
que IA 52001; 1023477014; $725.00; garbage
1576 Washington; Lot 1-1-113 E DUBU-
QUE Add; Soule, Elizabeth Ann, 1576 Wash-
ington St. Dubuque IA 52001; 1024282005;
$183.00; garbage
2283 White; E 1/2-N 1/4-Lot 16P; & E 1/2-
S 1/2-Lot 18 L H Langworthy's Add; Dohanich,
Michael D. 2283 White St. Dubuque IA 52001;
1024130013; $865.00; garbage
2316 Washington; N 1/2-W 100'-S 55'-Lot
1-105 L H Langworthy's Add; Lange, William R
& Merry A & Jessica E. 2316 Washington St.
Dubuque IA 52001; 1013460013; $70.00; gar-
bage
2035 Washington; Lot 22 STEINER'S Add
2033-2035 WASHINGTON; Thielen, Janice J.
2146 N Main St. Dubuque IA 52001;
1024214017; $194.00; garbage
2155 Paul; Lot 2-108 Cox's Add; ATM
Properties LLC, 4962 Northrange CT, Dubu-
que IA 52002; 1024111011; $342.64; garbage
1842 Central; N 25' - M 1/5 - CITY Lot 436;
Dublinz 4 LLC, 5 Sawgrass Coto DE Caza CA
92679; 1024256004; $142.00; garbage
230 E 15th; SUB 2-1-47 E. DUB. Add. 1 &
2 SUB 1-2 OF N 1/2 OF 48 E. DUB. Add. 1
SUB 2 OF N 1/2 OF 48 E. DUB. Add. 2; Bur-
bach, Thomas E & Mona L. 614 E 22nd St.
Dubuque IA 52001; 1024426004; $67.00; gar-
bage
575 Almond; W 26' OF S 100' OF Lot 65 &
N 122'6" OF Lot 65 & E 10' OF Lot 66 COXS
Add; Keehner, Kevin K. 610 E 22nd St. Dubu-
que IA 52001-3402; 1024155035; $129.00;
garbage
14. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Horsfield
Construction for the Lake Eleanor Road Lift
Station and Water Main Project. Upon motion
the documents were received, filed and ap-
proved.
15. Signed Contracts: License Agreement
with Stone Cliff Winery for 2015 Amphitheater
Usage; Memorandum of Understanding for
Technology Support and Acquisition of Tech-
nology between the City of Dubuque Multicul-
tural Family Center and the Carnegie-Stout
Public Library. Upon motion the documents
were received and filed.
16. Alcohol Compliance Civil Penalty for
Alcohol License Holder – Buffalo Wild Wings:
City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Buffalo Wild
Wings, 2805 Northwest Arterial. Upon motion
the documents were received, filed and ap-
proved.
380 Regular Session, November 2, 2015 Book 145
17. Alcohol Compliance Civil Penalty for
Alcohol License Holder – Grand Harbor Resort
& Water Park: City Manager recommending
approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation
for the Grand Harbor Resort & Water Park,
350 Bell Street. Upon motion the documents
were received, filed and approved.
18. Alcohol Compliance Civil Penalty for
Alcohol License Holder – Hartig Drug Compa-
ny: City Manager recommending approval of
the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Hartig
Drug Company #4, 2225 Central Avenue. Up-
on motion the documents were received, filed
and approved.
19. Tobacco Compliance – Civil Penalty for
Tobacco License Holder – Hartig Drug Com-
pany: City Manager recommending approval of
the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Hartig
Drug Company #4, 2225 Central Avenue. Up-
on motion the documents were received, filed
and approved.
20. Alcohol License Renewals: City Man-
ager recommending approval of annual beer,
liquor and wine licenses as submitted. Upon
motion the documents were received and filed
and Resolution No. 378-15 Approving applica-
tions for beer, liquor, and/or wine permits, as
required by City of Dubuque Code of Ordi-
nances Title 4 Business and License Regula-
tions, Chapter 2 Liquor Control, Article B Liq-
uor, Beer and Wine Licenses and Permits was
adopted.
RESOLUTION NO. 378-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Europa Haus Restaurant, 1301 Rhomberg
Ave., Class C Liquor (Catering)
Friendly Locust Mart, 408 West Locust St.,
Class C Beer (Sunday)
Happy Joe's, 855 Century Dr., Class B
Beer (Sunday)
Hotel Julien Dubuque, 200 Main St., Class
B Liquor (Catering) (Outdoor) (Sunday)
Jumpers Sports Bar & Grill, 2600 Dodge
St., Class C Liquor (Outdoor) (Sunday)
Jumpin' Jane's Indoor Party & Play Center,
4292 Dodge St., Class B Beer (Sunday)
Loras College - Athletic and Wellness,
1450 Loras College Parkway, Class C
Liquor (Catering) (Outdoor) (Sunday)
Rainbow Lounge, 36 W. 4th St., Class C
Liquor (Sunday)
Skinny Maginny's, 123 S. Main St., Class C
Liquor (Catering) (Outdoor) (Sunday)
Yen Ching Restaurant, 926 Main St., Class
C Liquor
Passed, approved and adopted this 2nd day
of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
1. SCADA Manhole Installation Project:
City Manager recommending initiation of the
public bidding process for the 2015 SCADA
(flow metering stations) Manhole Installation
Project, and further recommends that a public
hearing be set for November 16, 2015. Upon
motion the documents were received and filed
and Resolution No. 379-15 Preliminary ap-
proval of plans, specifications, form of con-
tract, and estimated cots; setting date of public
hearing on plans, specifications, form of con-
tract, and estimated cots; and ordering the
advertisement for bids was adopted setting a
public hearing for a meeting to commence at
6:30 p.m. on November 16, 2015 in the Histor-
ic Federal Building.
RESOLUTION NO. 379-15
2015 SCADA (FLOW METERING STA-
TIONS) MANHOLE INSTALLATION PRO-
JECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
Book 145 Regular Session, November 2, 2015 381
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the 2015
SCADA (flow metering stations) Manhole In-
stallation Project in the estimated construction
amount $105,000.00, are hereby preliminarily
approved and ordered filed in the office of the
City Clerk for public inspection.
A public hearing will be held on the 16th
day of November 2015, at 6:30 p.m. in the
Historic Federal Building Council Chambers
(second floor) 350 W. 6th Street, Dubuque,
Iowa at which time interested persons may
appear and be heard for or against the pro-
posed plans and specifications, form of con-
tract 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 esti-
mated cost of the Project.
The 2015 SCADA (flow metering stations)
Manhole Installation Project is hereby ordered
to be advertised for bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements herein provided, by publishing the
attached Notice to Bidders to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa which notice shall be
published not less than four but not more than
forty-five days before the date for filing bids
before 2:00 p.m. on the 19th day of November
2015. 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 7th day of December 2015, in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 2nd day
of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards/Commissions.
1. Housing Commission: One, 3 year term
through August 17, 2018 (Vacant At-Large
term of Foster) Applicant: Nicolas Hobson,
1592 Locust St. (Qualifies for At-Large). Mr.
Hobson spoke in support of his appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the following items.
1. English Ridge - Housing Urban Renewal
District: Proof of publication on notice of public
hearing to consider a Housing Urban Renewal
Plan for the English Ridge area and the City
Manager recommending approval. Motion by
Connors to receive and file the documents and
adopt Resolution No. 380-15 Approving the
Urban Renewal Plan for the English Ridge
Housing Urban Renewal Area. Seconded by
Jones. John Haupert, 1183 English Mill Rd.,
addressed the City Council about his ideas on
how the taxes could be distributed. Economic
Development Director Maurice Jones and As-
sistant City Attorney Crenna Brumwell re-
sponded to questions about the State require-
ments related to urban renewal districts. Assis-
tant City Manager will refer the erosion issue
Mr. Haupert referenced to the Engineering
Department. Motion carried 7-0.
RESOLUTION NO. 380-15
APPROVING THE URBAN RENEWAL PLAN
FOR THE ENGLISH RIDGE HOUSING UR-
BAN RENEWAL AREA
Whereas, by Resolution 348-15 approved
on October 5, 2015, the City Council of the
City of Dubuque, Iowa authorized the prepara-
tion of an Urban Renewal Plan for the English
Ridge Housing Urban Renewal Area (the "Dis-
trict"); and
Whereas, the proposed Urban Renewal
Plan for the District has been prepared and
placed on file for public inspection in the City
Clerk's Office; and
Whereas, the City of Dubuque's primary
objective for the District is to stimulate, through
public involvement and commitment, private
investment in new housing and residential
development as defined by Iowa Code
§403.17(12), as described in the Urban Re-
newal Plan; and
Whereas, the City Council finds the District
meets the definition of an economic develop-
ment area in Chapter 403 of the Iowa Code,
and is appropriate for the provision of public
improvements related to housing and residen-
tial development; and
Whereas, the City Council, in accordance
with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed Urban
Renewal Plan after public notice thereof.
382 Regular Session, November 2, 2015 Book 145
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Urban Renewal Plan
for the English Ridge Housing Urban Renewal
Area is hereby approved.
Section 2. That the City Clerk of the City of
Dubuque, Iowa is hereby authorized and di-
rected to file a certified copy of this Resolution
and the Urban Renewal Plan in the office of
the Dubuque County Recorder.
Passed, approved and adopted this 2nd day
of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Bee Branch Creek Basin Overlook and
22nd Street Parking Lot Project: Proof of publi-
cation on notice of public hearing to consider
approval of the plans, specifications, form of
contract and the estimated cost for the Bee
Branch Creek – Basin Overlook and 22nd
Street Parking Lot Project and the City Man-
ager recommending approval. Motion by Con-
nors to receive and file the documents and
adopt Resolution No. 381-15 Approval of
plans, specifications, form of contract, and
estimated cost for the Bee Branch Creek –
Basin Overlook & 22nd Street Parking Lot Pro-
ject, Iowa DOT Project No. TAP-U-2100(683)--
81-31. Seconded by Jones. Civil Engineer
Deron Muehring stated that there will be multi-
ple overlooks associated with the project and
the current detours will change. Motion carried
7-0.
RESOLUTION NO. 381-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE BEE BRANCH CREEK –
BASIN OVERLOOK & 22ND STREET PARK-
ING LOT PROJECT, IOWA DOT PROJECT
NO. TAP-U-2100(683)--8I-31
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the Bee
Branch Creek – Basin Overlook & 22nd Street
Parking Lot, in the estimated amount
$1,554,402.00, are hereby approved.
Passed, adopted and approved this 2nd day
of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Sale of Property - 1849 Jackson Street:
Proof of publication on notice of public hearing
to consider the sale of city-owned property at
1849 Jackson Street to Community Housing
Initiatives (CHI) and the City Manager recom-
mending approval. Motion by Lynch to receive
and file the documents and adopt Resolution
No. 382-15 Disposing of City interest in real
estate (lot) located at 1849 Jackson Street in
the City of Dubuque, Iowa. Seconded by Braig.
Motion carried 7-0.
RESOLUTION NO. 382-15
DISPOSING OF CITY INTEREST IN REAL
ESTATE (LOT) LOCATED AT 1849 JACK-
SON STREET, IN THE CITY OF DUBUQUE,
IOWA
Whereas, the City Council, by Resolution
No. 369-15, dated October 19, 2015, declared
its intent to dispose of City interest in real
property (lot) located at 1849 Jackson Street,
legally described as:
North 1/2 of the Middle 1/5 of Out Lot
490 in the City of Dubuque, Iowa accord-
ing to the United States Commissioners
Map thereof (the Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on November 2, 2015 at 6:30 p.m. in
the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa; and
Whereas, it is the determination of the City
Council that approval of the purchase agree-
ment for the sale to Community Housing Initia-
tives (CHI) according to the terms and condi-
tions set out in the purchase agreement is in
the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. The purchase agreement by and
between the City of Dubuque and CHI for the
sale of the Property, a copy attached hereto, is
hereby approved.
Section 2. The Mayor and City Clerk are
hereby authorized and directed to execute a
Special Warranty Deed, conveying the City’s
interest in the Property to CHI.
Section 3. That the City Clerk is hereby au-
thorized and directed to cause said Special
Warranty Deed to be delivered to the City At-
torney’s Office, together with a certified copy of
the Resolution.
Passed, approved, and adopted this 2nd
day of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Sale of Property - 767 University Ave-
nue: Proof of publication on notice of public
hearing to consider the sale of city-owned
property at 767 University Avenue to Habitat
for Humanity and the City Manager recom-
mending approval. Motion by Jones to receive
and file the documents and adopt Resolution
No. 383-15 Disposing of City Interest in real
property located at 767 University Avenue in
the City of Dubuque, Iowa. Seconded by Con-
nors. Planning Services Manager Laura Car-
stens, Assistant City Attorney Crenna Brum-
Book 145 Regular Session, November 2, 2015 383
well, and Housing and Community Develop-
ment Director Alvin Nash responded to ques-
tions about site and design considerations in
comparison to the neighborhood. Motion car-
ried 7-0.
RESOLUTION NO. 383-15
DISPOSING OF CITY INTEREST IN REAL
PROPERTY LOCATED AT 767 UNIVERSITY
AVENUE, IN THE CITY OF DUBUQUE, IO-
WA
Whereas, the City Council, by Resolution
No. 368-15, dated October 19, 2015, declared
its intent to dispose of City interest in real
property located at 767 University Avenue,
legally described as:
Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdi-
vision of Out Lot 738 in the City of Dubuque,
Iowa and a right of way over Lot 3 of Lot 3,
and over the East 20 feet of Lot 8, of the Sub-
division of Out Lot 738, in the City of Dubuque,
Iowa according to the recorded plat thereof
Tract II: Lot 3 of Lot 3 of the Subdivision of
Out Lot 738 in the City of Dubuque, Iowa ac-
cording to the recorded plat thereof the City of
Dubuque, Iowa (the Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on November 2, 2015 at 6:30 p.m. in
the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa; and
Whereas, it is the determination of the City
Council that approval of the purchase agree-
ment for the sale to Habitat for Humanity ac-
cording to the terms and conditions set out in
the purchase agreement is in the public inter-
est of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. The purchase agreement by and
between the City of Dubuque and Habitat for
Humanity for the sale of the Property, a copy
attached hereto, is hereby approved
Section 2. The Mayor and City Clerk are
hereby authorized and directed to execute a
Special Warranty Deed, conveying the City’s
interest in the Property to Habitat for Humani-
ty.
Section 3. That the City Clerk is hereby au-
thorized and directed to cause said Special
Warranty Deed to be delivered to the City At-
torney’s Office, together with a certified copy of
the Resolution.
Passed, approved, and adopted this 2nd
day of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Purchase of Twin Ridge Water, Inc.: City
Manager recommending the purchase Twin
Ridge Water, Inc., which provides sewer and
water service to 101 properties within and ad-
jacent to the Twin Ridge Subdivision in an
unincorporated area commonly called Key
West. Motion by Lynch to receive and file the
documents and adopt Resolution No. 384-15
Approving an Asset Purchase Agreement for
the sale and transfer of existing assets by and
between the City of Dubuque, Iowa and Twin
Ridge Water, Inc., in Dubuque County, Iowa
and approving an Offer to Buy and Acceptance
for the acquisition of real estate owned by the
Grace M. Mueller Revocable Family Trust and
Raymond M. Mueller Irrevocable Family Trust
in Dubuque County, Iowa. Seconded by
Jones. City Engineer Gus Psihoyos responded
to questions regarding what benefits the pur-
chase would provide the City, how the pur-
chase price was calculated, and the current
condition of the water system. Motion carried
7-0.
RESOLUTION NO. 384-15
APPROVING AN ASSET PURCHASE
AGREEMENT FOR THE SALE AND TRANS-
FER OF EXISTING ASSETS BY AND BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND TWIN RIDGE WATER, INC., IN DUBU-
QUE COUNTY, IOWA AND APPROVING AN
OFFER TO BUY AND ACCEPTANCE FOR
THE ACQUISITION OF REAL ESTATE
OWNED BY THE GRACE M. MUELLER
REVOCABLE FAMILY TRUST AND RAY-
MOND M. MUELLER IRREVOCABLE FAMI-
LY TRUST IN DUBUQUE COUNTY, IOWA
Whereas, Twin Ridge owns and operates a
public water supply and sanitary sewer system
(the "System"), located in the Table Mound
Township in Dubuque County, Iowa; and
Whereas, the Grace M. Mueller Revocable
Family Trust and Raymond M. Mueller Irrevo-
cable Family Trust own real estate upon which
the Twin Ridge Water, Inc. lagoon, which is
essential in the operation of the sewer and
water system, sits; and
Whereas, City provides water service to
approximately twenty-three thousand (23,000)
customers and sanitary sewer service to ap-
proximately twenty-two thousand (22,000)
customers throughout corporate City limits and
beyond; and
Whereas, City is expanding its provision of
utilities to include City facilities and projects
located outside the corporate City limits in the
areas before and beyond Twin Ridge heading
toward the Dubuque Regional Airport; and
Whereas, it is recognized that interconnec-
tions between utility systems are encouraged
384 Regular Session, November 2, 2015 Book 145
and promoted by various regulatory agencies
as being in the public interest; and
Whereas, Twin Ridge desires to sell, and
City desires to purchase, certain assets relat-
ing to the System, including pipes, wells, lift
stations, pump houses, plant and equipment,
supplies and inventories, contracts and con-
tract rights, franchise rights, and easement
rights, and excluding certain liabilities associ-
ated therewith, as more specifically set forth
herein and subject to the terms and conditions
set forth herein; and
Whereas, Grace M. Mueller Revocable
Family Trust and Raymond M. Mueller Irrevo-
cable Family Trust are the owners of the fol-
lowing real property (the “Property”):
Twin Ridge Sub #5 – Lot B; Part Lot 2-1
SW S.W. 13.96 AC; and
Whereas, the City Manager has tentatively
agreed to purchase the Property from the
Grace M. Mueller Revocable Family Trust and
Raymond M. Mueller Irrevocable Family Trust,
subject to the approval of an Offer to Buy Real
Estate and Acceptance between the City of
Dubuque and the Grace M. Mueller Revocable
Family Trust and Raymond M. Mueller Irrevo-
cable Family Trust, by the City Council; and
Whereas, the City Council has determined
that it would be in the best interests of the City
to approve the Asset Purchase Agreement for
the Sale and Transfer of Existing Assets By
and Between the City of Dubuque, Iowa and
Twin Ridge Water, Inc. and the Offer to Buy
Real Estate and Acceptance between the City
of Dubuque, Iowa and the Grace M. Mueller
Revocable Family Trust and Raymond M.
Mueller Irrevocable Family Trust.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The attached Asset Purchase
Agreement for the Sale and Transfer of Exist-
ing Assets By and Between the City of Dubu-
que, Iowa and Twin Ridge Water, Inc is hereby
approved.
Section 2. The City Council hereby ap-
proves the Offer to Buy Real Estate and Ac-
ceptance between the City of Dubuque, Iowa
and the Grace M. Mueller Revocable Family
Trust and Raymond M. Mueller Irrevocable
Family Trust attached hereto.
Section 3. The City Manager and City At-
torney are authorized to take such further ac-
tion as is required to execute and complete the
Asset Purchase Agreement for the Sale and
Transfer of Existing Assets By and Between
the City of Dubuque, Iowa and Twin Ridge
Water, Inc and the Offer to Buy Real Estate
and Acceptance between the City of Dubuque,
Iowa and the Grace M. Mueller Revocable
Family Trust and Raymond M. Mueller Irrevo-
cable Family Trust, including but not limited
execution of deeds, leases, easement agree-
ments, dedication of utilities, and assignments
of easements.
Passed, approved and adopted this 2nd day
of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Sewershed 7 & 10 Manhole Replace-
ment Project Award: City Manager recom-
mending award of the construction contract for
the 2015 Sewershed 7 & 10 Manhole Re-
placement Project to the low bidder Top Grade
Excavating. Motion by Connors to receive and
file the documents and adopt Resolution No.
385-15 Awarding public improvement contract
for the 2015 Sewershed 7 & 10 Manhole Re-
placement Project. Seconded by Braig. Motion
carried 7-0.
RESOLUTION NO. 385-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE 2015 SEWERSHED 7 & 10
MANHOLE REPLACEMENT PROJECT
Whereas, sealed proposals have been
submitted by contractors for the 2015 Sew-
ershed 7 & 10 Manhole Replacement Project
(the Project) pursuant to Resolution No. 347-
15 and Notice to Bidders published in a news-
paper published in the City of Dubuque, Iowa
on the 9th day of October, 2015.Whereas, said
sealed proposals were opened and read on
the 22nd day of October, 2015, and it has been
determined that Top Grade Excavating, Inc. of
Farley, Iowa, with a bid in the amount of
$167,468.00, is the lowest responsive, re-
sponsible 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 Top Grade Excavat-
ing, Inc. and the City Manager is hereby di-
rected to execute a Public Improvement Con-
tract on behalf of the City of Dubuque for the
Project.
Passed, approved and adopted this 2nd day
of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
3. English Ridge - Housing Urban Renewal
District: City Manager recommending adoption
of an ordinance creating a tax increment fi-
nancing district for the English Ridge Housing
Urban Renewal Area. Motion by Braig to re-
ceive and file the documents and that the re-
quirement 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
Resnick. Motion carried 7-0.
Motion by Braig for final consideration and
passage of Ordinance No. 68-15 Providing
Book 145 Regular Session, November 2, 2015 385
that general property taxes levied and collect-
ed each year on all property located within the
English Ridge Housing Urban Renewal Area,
in the City of Dubuque, County of Dubuque,
State of Iowa, by and for the benefit of the
State of Iowa, City of Dubuque, County of
Dubuque, Dubuque Community School District
and other Taxing Districts, be paid to a special
fund for payment of principal and interest on
loans, monies advanced to and indebtedness,
including bonds issued or to be issued, in-
curred by said City in connection with said
Urban Renewal Redevelopment Project. Se-
conded by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 68-15
PROVIDING THAT GENERAL PROPERTY
TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED
WITHIN THE ENGLISH RIDGE HOUSING
URBAN RENEWAL AREA, IN THE CITY OF
DUBUQUE, COUNTY OF DUBUQUE, STATE
OF IOWA, BY AND FOR THE BENEFIT OF
THE STATE OF IOWA, CITY OF DUBUQUE,
COUNTY OF DUBUQUE, DUBUQUE COM-
MUNITY SCHOOL DISTRICT AND OTHER
TAXING DISTRICTS, BE PAID TO A SPE-
CIAL FUND FOR PAYMENT OF PRINCIPAL
AND INTEREST ON LOANS, MONIES AD-
VANCED TO AND INDEBTEDNESS, IN-
CLUDING BONDS ISSUED OR TO BE IS-
SUED, INCURRED BY SAID CITY IN CON-
NECTION WITH SAID URBAN RENEWAL
REDEVELOPMENT PROJECT
Whereas, the City Council of the City of
Dubuque, Iowa after public notice and hearing
as prescribed by law and pursuant to Resolu-
tion No. 380-15 passed and approved on the
2nd day of November, 2015, adopted an Urban
Renewal Plan (the "Urban Renewal Plan") for
an urban renewal area known as the English
Ridge Housing Urban Renewal Area (the "Ur-
ban Renewal Project Area"); and
Whereas, expenditures and indebtedness
are anticipated to be incurred by the City of
Dubuque, Iowa in the future to finance urban
renewal project activities carried out in further-
ance of the objectives of the Urban Renewal
Plan and the future needs for redevelopment
within the Urban Renewal Project Area are
such as to require the application of the incre-
mental tax resources of the Urban Renewal
Project Area; and
Whereas, the City Council of the City of
Dubuque, Iowa desires to provide for the divi-
sion of revenue from taxation in the Urban
Renewal Project Area, as above described, in
accordance with the provisions of Section
403.19 of the Code of Iowa, as amended, and
the Urban Renewal Plan.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. For purposes of this Ordinance,
the following terms have the following mean-
ings:
a). Urban Renewal Project Area shall in-
clude that area described as follows:
ALL THAT PART OF THE RIGHT OF WAY
OF STONE VALLEY DRIVE LYING BE-
TWEEN THE SOUTHEASTERLY RIGHT OF
WAY LINE OF U.S. HIGHWAY 20 AND THE
WEST LINE OF ENGLISH RIDGE SUBDIVI-
SION.
LOTS B AND C ENGLISH RIDGE SUBDI-
VISION (CHESTERFIELD DR.), AND;
LOT A ENGLISH RIDGE SUBDIVISION,
AND;
LOT L ENGLISH RIDGE SUBDIVISION,
AND;
LOT K ENGLISH RIDGE SUBDIVISION,
AND;
LOT J ENGLISH RIDGE SUBDIVISION,
AND;
LOTS 1 – 22, INCLUSIVE, IN BLOCK 1
ENGLISH RIDGE SUBDIVISION, AND;
LOTS 1 – 23, INCLUSIVE, IN BLOCK 2
ENGLISH RIDGE SUBDIVISION, AND;
ALL ADJOINING PUBLIC RIGHT OF
WAY, ALL IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA.
LOTS 1 – 21, INCLUSIVE, IN ENGLISH
RIDGE SUBDIVISION NO. 2, AND;
ALL ADJOINING PUBLIC RIGHT OF
WAY, ALL IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA.
LOTS 22 - 42, INCLUSIVE, IN ENGLISH
RIDGE SUBDIVISION NO. 3, AND;
ALL ADJOINING PUBLIC RIGHT OF
WAY, ALL IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA.
LOT B ENGLISH RIDGE SUBDIVISION
NO. 5, AND:
LOTS 43 - 64, INCLUSIVE, IN ENGLISH
RIDGE SUBDIVISION NO. 6, AND;
ALL ADJOINING PUBLIC RIGHT OF
WAY, ALL IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA.
LOT E ENGLISH RIDGE SUBDIVISION
NO. 6, EXCEPTING THAT PORTION OF
SAID LOT E LYING WITHIN THE PUBLIC
RIGHT OF WAY OF ENGLISH MILL ROAD.
(b) Urban Renewal Plan shall mean the
Urban Renewal Plan for the English Ridge
Housing Urban Renewal Area, approved by
Resolution No. 380-15 on November 2, 2015,
as the same may be amended from time to
time.
Section 2. That the taxes levied on the tax-
able property in the Urban Renewal Project
Area, legally described in Section 1 hereof, by
and for the benefit of the State of Iowa, City of
Dubuque, County of Dubuque, Dubuque
386 Regular Session, November 2, 2015 Book 145
Community School District, and all other taxing
districts from and after the effective date of this
Ordinance shall be divided as hereinafter in
this Ordinance provided.
Section 3. That portion of the taxes which
would be produced by the rate at which the tax
is levied each year by or for each of the taxing
districts upon the total sum of the assessed
value of the taxable property in the Urban Re-
newal Project Area, as shown on the assess-
ment roll as of January 1, 2014, being January
1 of the calendar year preceding the first cal-
endar year in which the City of Dubuque is
expected to certify to the County Auditor the
amount of loans, advances, indebtedness, or
bonds payable from the division of property tax
revenue described herein, shall be allocated to
and when collected be paid into the fund for
the respective taxing district as taxes by or for
the taxing district into which all other property
taxes are paid. The taxes so determined shall
be referred to herein as the "base period tax-
es" for such Urban Renewal Project Area.
Section 4. That portion of the taxes each
year in excess of the base period taxes deter-
mined for the Urban Renewal Project Area as
provided in Section 3 of this Ordinance shall
be allocated to and when collected be paid into
a special tax increment fund of the City of
Dubuque, Iowa hereby established, to pay the
principal of and interest on loans, monies ad-
vanced to, indebtedness, whether funded,
refunded, assumed or otherwise, including
bonds or obligations issued under the authority
of Section 403.9 or 403.12 of the Code of Io-
wa, as amended, incurred by the City of
Dubuque, Iowa to finance or refinance, in
whole or in part, urban renewal projects under-
taken within the Urban Renewal Project Area
pursuant to the Urban Renewal Plan, except
that (i) taxes for the regular and voter-
approved physical plant and equipment levy of
a school district imposed pursuant to Iowa
Code Section 298.2 and taxes for the instruc-
tional support program of a school district im-
posed pursuant to Iowa Code Section 257.19
(but in each case only to the extent required
under Iowa Code Section 403.19(2)); (ii) taxes
for the payment of bonds and interest of each
taxing district; (iii) taxes imposed under Iowa
Code Section 346.27(22) related to joint coun-
ty-city buildings; and (iv) any other exceptions
described in Section 403.19 shall be collected
against all taxable property within the Urban
Renewal Project Area without any limitation as
hereinabove provided.
Section 5. Unless or until the total as-
sessed valuation of the taxable property in the
Urban Renewal Project Area exceeds the total
assessed value of the taxable property in the
Urban Renewal Project Area as shown by the
assessment rolls referred to in Section 3 of this
Ordinance, all of the taxes levied and collected
upon the taxable property in the Urban Re-
newal Project Area shall be paid into the funds
for the respective taxing districts as taxes by or
for said taxing districts in the same manner as
all other property taxes.
Section 6. At such time as the loans, ad-
vances, indebtedness, bonds and interest
thereon of the City of Dubuque, Iowa referred
to in Section 4 hereof have been paid, all mon-
ies thereafter received from taxes upon the
taxable property in the Urban Renewal Project
Area shall be paid into the funds for the re-
spective taxing districts in the same manner as
taxes on all other property.
Section 7. All ordinances or parts of ordi-
nances in conflict with the provisions of this
Ordinance are hereby repealed. The provi-
sions of this Ordinance are intended and shall
be construed so as to fully implement the divi-
sion of taxes from taxable property in the Ur-
ban Renewal Project Area under the provi-
sions of Section 403.19 of the Code of Iowa. In
the event that any provision of this Ordinance
shall be determined to be contrary to law it
shall not affect other provisions or application
of this Ordinance which shall at all times be
construed to fully invoke the provisions of Sec-
tion 403.19 of the Code of Iowa with reference
to the Urban Renewal Project Area and the
territory contained therein.
Section 8. This Ordinance shall be in effect
after its final passage, approval and publica-
tion as provided by law.
Passed and approved this 2nd day of No-
vember, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 6th day of November, 2015.
/s/Kevin S. Firnstahl, City Clerk
4. Code of Ordinances Amendment - Title
16 Zoning Board of Adjustment: City Manager
recommending approval of an ordinance which
amends Title 16, Chapter 8 of the City of
Dubuque Code of Ordinances by removing
duplicate sections and renumber the sections
accordingly. Motion by Jones to receive and
file the documents and that the requirement
that a proposed ordinance be considered and
voted on for passage at two Council meetings
prior to the meeting at which it is to be passed
be suspended. Seconded by Lynch. Motion
carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 69-15 Amending
City of Dubuque Code of Ordinances Title 16
Unified Development Code, Chapter 8 Zoning
Board of Adjustment Applications by removing
duplicate sections and renumbering the sec-
tions accordingly. Seconded by Lynch. Motion
carried 7-0.
Book 145 Regular Session, November 2, 2015 387
OFFICIAL PUBLICATION
ORDINANCE NO. 69-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 16 UNIFIED DEVEL-
OPMENT CODE, CHAPTER 8 ZONING
BOARD OF ADJUSTMENT APPLICATIONS
BY REMOVING DUPLICATE SECTIONS
AND RENUMBERING THE SECTIONS AC-
CORDINGLY
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 16, Chapter 8 of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
Chapter 8
ZONING BOARD OF ADJUSTMENT AP-
PLICATIONS AND PROCEDURES
. . . .
16-8-2: APPEAL FROM ADMINISTRA-
TIVE OFFICIAL:
16-8-2-1: AUTHORIZATION:
. . . .
16-8-2-2: APPEAL PROCEDURE:
. . . .
16-8-2-3: EFFECT OF APPEAL:
. . . .
16-8-3: CONDITIONAL USE PERMIT
PROCEDURE:
16-8-3-1: GENERALLY:
. . . .
16-8-3-2: APPLICATION:
. . . .
C. The board may require the applicant for
a conditional use permit to supply any further
information beyond that contained in the appli-
cation where it reasonably considers such
information necessary to make the determina-
tions required by section 16-8-3-4 of this chap-
ter.
16-8-3-3: NOTICE AND MEETING RE-
QUIREMENTS:
. . . .
16-8-3-4: STANDARDS FOR GRANTING
CONDITIONAL USE PERMIT:
. . . .
16-8-3-5: CONDITIONS AND RE-
STRICTIONS ON CONDITIONAL USE PER-
MIT:
A. Imposition Of Conditions And Re-
strictions: In granting a conditional use permit,
the board may impose any conditions or re-
strictions it reasonably considers necessary to
ensure full compliance with the standards of
section 16-8-3-4 of this chapter to reduce or
eliminate any detrimental effect of the pro-
posed conditional use permit upon the neigh-
borhood or the district, or to carry out the gen-
eral purposes and intent of this title.
. . . .
16-8-3-6: DECISION AND RECORDS:
The board shall render a written decision
on an application for a conditional use permit
after the close of the meeting. The decision of
the board shall contain specific findings of fact
supporting the granting or denial of the condi-
tional use permit and shall clearly set forth any
conditions or restrictions imposed pursuant to
section 16-8-3-5 of this chapter. The board
shall maintain the record of all actions with
respect to applications for conditional use
permits and shall notify the city council of their
decisions on each application.
16-8-3-7: PERIOD OF VALIDITY; EXPI-
RATION:
. . . .
16-8-3-8: PARKING REGULATIONS:
. . . .
16-8-3-9: SIGN REGULATIONS:
. . . .
16-8-3-10: LIST OF CONDITIONAL USES:
. . . .
16-8-4: VARIANCE PROCEDURE:
16-8-4-1: APPLICATION:
. . . .
16-8-4-2: NOTICE AND MEETING RE-
QUIREMENTS:
. . . .
16-8-4-3: REQUIREMENTS FOR GRANT-
ING OF VARIANCE:
. . . .
16-8-4-4: CONDITIONS AND RE-
STRICTIONS ATTACHED TO GRANTING OF
VARIANCE:
. . . .
16-8-4-5: DECISIONS AND RECORDS:
. . . .
16-8-5: SPECIAL EXCEPTIONS:
16-8-5-1: APPLICATION:
. . . .
16-8-5-2: NOTICE AND MEETING RE-
QUIREMENTS:
. . . .
16-8-5-3: REQUIREMENTS FOR GRANT-
ING SPECIAL EXCEPTION:
. . . .
16-8-5-4: CONDITIONS AND RE-
STRICTIONS ATTACHED TO GRANTING
SPECIAL EXCEPTION:
. . . .
16-8-5-5: DECISIONS AND RECORDS:
. . . .
16-8-6: APPEAL FROM BOARD DECI-
SION:
. . . .
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 2nd
day of November, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 6th day of November, 2015.
/s/Kevin S. Firnstahl, City Clerk
388 Special Session, November 16, 2015 Book 145
5. Bee Branch Creek Restoration Project
Bench and Trash Receptacle Design: City
Manager recommending approval to proceed
with the fabrication of benches and trash re-
ceptacle designs for the Bee Branch Creek
Restoration Project. Motion by Connors to
receive and file the documents and approve
the recommendation. Seconded by Lynch.
Civil Engineer Deron Muehring stated that
there are about 12 benches available for
sponsorship. Motion carried 7-0.
6. Request to Schedule Work Session -
Rehabilitation Projects: City Manager recom-
mending approval to schedule a City Council
work session for Tuesday, January 19, 2016 at
4:30 p.m. to tour three rehabilitation projects.
Motion by Braig to receive and file the docu-
ments and set the work session as recom-
mended. Seconded by Resnick. Motion carried
7-0.
There being no further business, upon mo-
tion the City Council adjourned at 7:17 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:30 p.m. on November 16, 2015 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol; Council Members
Connors, Jones, Lynch, Resnick, Sutton; City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Braig
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of conducting a work session on
Project HOPE.
WORK SESSION
Project HOPE Update
Economic Development Director Maurice
Jones provided an introduction to the work
session and introduced presenters Eric Dreg-
ne of the Community Foundation of Greater
Dubuque; Lana Wood of Project Hope; Stan
Rheingans of Dubuque Community Schools;
Kristen Dietzel and Gisella Aitken-Shadle of
NICC; and Marla Lucke of Iowa Works. Topics
included:
• The Community Foundation of Great-
er Dubuque support network with
Project HOPE for economic oppor-
tunity
• Unemployment rate by race/gender
• Poverty rate by race
• Educational attainment and poverty
rate
• Project HOPE mission: to increase
access to opportunity for all commu-
nity members
• Project HOPE network members
• Re-Engage Dubuque Program
• Dubuque Community School District
student dropout rate
• Re-engaged students by race and
gender 2014-2015
• Opportunity Dubuque: Connects
workers to training and employers
with skilled workers
• NICC Success Model demographics
• Career pathway map; Project HOPE
targeted workforce strategy
• Community Workforce Network
o Sector boards
o Shared outcomes
Book 145 Regular Session, November 16, 2015 389
o Success model strategy: re-
cruitment, assessment, ad-
dressing barriers, advising,
education & training, job
placement
• Helping families build financial securi-
ty
• Supporting family economic security:
Bank on Dubuque
• Supporting provider networks for
change
• Network map identifies providers and
supports collaborative approach to
meeting the needs of youth and
adults in the community.
• Coach’s Peer Learning Network
• Community Assessment
A question/answer period with City Council
followed the presentation.
There being no further business, upon mo-
tion the City Council adjourned at 6:04 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on November 16, 2015 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol; Council Members
Connors, Jones, Lynch, Resnick, Sutton; City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Braig
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.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. Iowa Legislator of the Year 2015 -
Award Presentation to Senator Pam Jochum
Iowa League of Cities Government Affairs and
Legislative Counsel Robert Palmer presented
Iowa Senator and Iowa Senate President Pam
Jochum with the Iowa Legislator of the Year
Award 2015 (Home Rule)
2. Tony Goldman Award: Mary Mulgrew
Gronen presented the City with the Tony
Goldman Award given to Gronen Restoration
and the City of Dubuque from the National
Trust for Historic Preservation and National
Trust Community Investment Corporation rec-
ognizing the Caradco Building Project. A short
video of the project was played.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 6-0.
1. Minutes and Reports Submitted: City
Council Proceedings of 11/2; Civil Service
Commission of 11/15; Five Flags Civic Center
Commission of 10/26; Investment Oversight
Advisory Commission of 10/28; Library Board
of Trustees of 9/24; Long Range Planning Ad-
visory Commission of 10/21; Zoning Advisory
Commission of 11/5; Proof of publication for
City Council Proceedings of 10/19; Proof of
390 Regular Session, November 16, 2015 Book 145
publication for Delinquent Water, Sewer, Re-
fuse & Stormwater Collection Accounts for
10/17, 10/24. Upon motion the documents
were received and filed.
2. Notice of Claims and Suits: Nick and Sa-
rah Ryan for property damage; Betty Tigges
for financial loss; Thomas J Miller vs. City of
Dubuque for personal injury. Upon motion the
documents were received, filed and referred to
the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Nick Ryan for property damage. Upon
motion the documents were received, filed and
concurred.
4. 2016 State Legislative Priorities: City
Manager submitting the 2015 State of Iowa
Legislative Priorities for adoption and presen-
tation to legislators at the annual Legislative
Dinner on November 23, 2015. Upon motion
the documents were received, filed and ap-
proved.
5. Vacant Properties: The True Costs to
Communities: City Manager transmitting in-
formation from the National Vacant Properties
Campaign. Upon motion the documents was
received and filed.
6. Iowa Department of Transportation Title
VI Assurances and Title VI Non-discrimination
Agreement: City Manager recommending ap-
proval of an updated Title VI Assurances and
Title VI Nondiscrimination Agreement between
the Iowa Department of Transportation and the
City of Dubuque related to the City's receipt of
federal aid funding. Upon motion the docu-
ments were received, filed and approved.
7. Purchase of Twin Ridge Water, Inc.: City
Manager recommending acceptance of the
Warranty Deed and Quit Claim Deed to two
parcels of property the City of Dubuque gained
title to as part of the Twin Ridge Asset Pur-
chase Agreement and the Offer to Buy Real
Estate and Acceptance by and between the
City and the Grace M. Mueller Revocable
Family Trust and the Raymond M. Mueller
Irrevocable Family Trust. It is further recom-
mended that the City Council approve a lease
that was a term and exhibit in the Asset Pur-
chase Agreement, and the Offer to Buy, and
the City’s consent to a restriction on the well
parcel that the City acquired ownership to as
part of the Asset Purchase Agreement. Upon
motion the documents were received and filed
and Resolution No. 386-15 Accepting the War-
ranty Deed to certain real estate in Dubuque
County, Iowa and the Quit Claim Deed to cer-
tain real estate in Dubuque County, Iowa, and
approving other supporting documents related
to the Asset Purchase Agreement for the sale
and transfer of existing assets by and between
the City of Dubuque, Iowa and Twin Ridge
Water, Inc, in Dubuque County, Iowa and the
Offer to Buy and Acceptance for the acquisi-
tion of real estate owned by the Grace M.
Mueller Revocable Family Trust and Raymond
M. Mueller Irrevocable Family Trust in Dubu-
que County, Iowa was adopted.
RESOLUTION NO. 386-15
ACCEPTING THE WARRANTY DEED TO
CERTAIN REAL ESTATE IN DUBUQUE
COUNTY, IOWA AND THE QUIT CLAIM
DEED TO CERTAIN REAL ESTATE IN
DUBUQUE COUNTY, IOWA, AND APPROV-
ING OTHER SUPPORTING DOCUMENTS
RELATED TO THE ASSET PURCHASE
AGREEMENT FOR THE SALE AND TRANS-
FER OF EXISTING ASSETS BY AND BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND TWIN RIDGE WATER, INC., IN DUBU-
QUE COUNTY, IOWA, AND THE OFFER TO
BUY AND ACCEPTANCE FOR THE ACQUI-
SITION OF REAL ESTATE OWNED BY THE
GRACE M. MUELLER REVOCABLE FAMILY
TRUST AND RAYMOND M. MUELLER IR-
REVOCABLE FAMILY TRUST IN DUBUQUE
COUNTY, IOWA
Whereas, pursuant to Resolution No. 384-
15, an Asset Purchase Agreement by and be-
tween the City of Dubuque, Iowa and Twin
Ridge Water, Inc., and an Offer to Buy Real
Estate and Acceptance were approved on
November 2, 2015; and
Whereas, the Asset Purchase Agreement
and the Offer to Buy Real Estate and Ac-
ceptance require the execution of supporting
documents including a Warranty Deed for a
certain parcel of real estate in Dubuque Coun-
ty, Iowa, a Quit Claim Deed for a certain parcel
of real estate in Dubuque County, Iowa, a
Consent to an Amendment to an Agreement
by and between Twin Ridge Water, Inc., and
Linda S. Schuster, and a Lease between the
City of Dubuque, Iowa and Twin Ridge Water,
Inc.; and
Whereas, these supporting documents
were executed at closing in accordance with
the terms and conditions of the previously ap-
proved Asset Purchase Agreement and the
Offer to Buy Real Estate and Acceptance; and
Whereas, the City Council finds that it is in
the interests of the City of Dubuque to accept
the Warranty Deed and Quit Claim Deed, and
approve the Consent to the Amendment to an
Agreement, and the Lease attached hereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Book 145 Regular Session, November 16, 2015 391
Section 1. The City of Dubuque accepts
the Warranty Deed attached hereto.
Section 2. The City of Dubuque accepts
the Quit Claim Deed attached hereto.
Section 3. The City of Dubuque approves
the Consent to the Amendment to the Agree-
ment by and between Twin Ridge Water, Inc,
and Linda S. Schuster, and the Lease between
the City of Dubuque, Iowa and Twin Ridge
Water, Inc.
Passed, approved and adopted this 16th
day of November, 2015
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Southgate Lift Station: City Manager
recommending approval of a resolution ac-
cepting the grant of easement for sanitary
sewer lift station and the dedication of the
sewage lift station, sanitary force main, and
gravity sanitary sewer known as the Southgate
Lift Station, as required by the Asset Purchase
Agreement by and between the City of Dubu-
que and Twin Ridge Water, Inc Upon motion
the documents were received and filed and
Resolution No. 387-15 Accepting the sewage
lift station, sanitary sewer force main, and
gravity sanitary sewer located in Southgate
Center Addition and accepting the Grant of
Easement through, under, and across the bal-
ance of Lot A Southgate Center Second Addi-
tion the maintenance of the sewage lift station
and piping located in the balance of Lot A
Southgate Center Second Addition was adopt-
ed.
RESOLUTION NO. 387-15
ACCEPTING THE SEWAGE LIFT STATION,
SANITARY SEWER FORCE MAIN, AND
GRAVITY SANITARY SEWER LOCATED IN
SOUTHGATE CENTER ADDITION AND AC-
CEPTING THE GRANT OF EASEMENT
THROUGH, UNDER, AND ACROSS THE
BALANCE OF LOT A SOUTHGATE CENTER
SECOND ADDITION THE MAINTENANCE
OF THE SEWAGE LIFT STATION AND PIP-
ING LOCATED IN THE BALANCE OF LOT A
SOUTHGATE CENTER SECOND ADDITION
Whereas, pursuant to Resolution No. 384-
15, an Asset Purchase Agreement by and be-
tween the City of Dubuque, Iowa and Twin
Ridge Water, Inc and an Offer to Buy Real
Estate and Acceptance were approved on
November 2, 2015; and
Whereas, pursuant to Section 1.1(A)(6) of
the Asset Purchase Agreement by and be-
tween the City of Dubuque, Iowa and Twin
Ridge Water, Inc., the City of Dubuque, Iowa
accepted the ownership and maintenance of a
sewage lift station, sanitary force main, and
gravity sanitary sewer located in the parcels
legally described as the Balance of Lot A
Southgate Center Second Addition, Lot 3 of
Southgate Center Second Addition, Lot 2
Southgate Center, Lot 1 of 3 Key Gate Center,
and Highway 151/61 right-of-way, in Dubuque
County, Iowa; and
Whereas, Dubuque Southgate Invest-
ments, Ltd., owns the parcel legally described
as the Balance of Lot A Southgate Center
Second Addition, in which the sewage lift sta-
tion and a portion of the piping sits; and
Whereas, City wishes to accept ownership
and maintenance of the sewage lift station,
sanitary sewer force main, and gravity sanitary
sewer located on the Balance of Lot A
Southgate Center Second Addition, Lot 3 of
Southgate Center Second Addition, Lot 2
Southgate Center, Lot 1 of 3 Key Gate Center,
and Highway 151/61 right of way as shown on
Attachment B and Dubuque Southgate In-
vestments, Ltd., wishes to grant City an ease-
ment over the Balance of Lot A Southgate
Center Addition for such ownership and
maintenance.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The attached Grant of Ease-
ment from Dubuque Southgate Investments,
Ltd., over a portion of the Balance of Lot A of
Southgate Second Addition to access the sani-
tary lift station and a portion of the piping be
accepted and recorded.
Section 2. The City Council hereby ap-
proves the acceptance of the sewage lift sta-
tion, sanitary force main, and gravity sanitary
sewer piping located as shown on Attachment
B.
Section 3. The ownership, operation and
maintenance of said sewage lift station, sani-
tary force main, and gravity sanitary sewer
shall be the responsibility of the City from the
date of this resolution moving forward.
Passed, approved and adopted this 16th day
of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Acceptance of 610 Wilbur Street Decon-
struction Project: City Manager recommending
acceptance of the construction contract for the
building deconstruction at 610 Wilbur Street
that was completed by D.F. Excavating, LLC in
the amount of $21,480 as part of the Wilbur
Street Retaining Wall and Embankment Stabi-
lization Project. Upon motion the documents
were received and filed and Resolution No.
388-15 Accepting the Building Deconstruction
at 610 Wilbur Street Project and authorizing
the payment of the contract amount to the con-
tractor was adopted.
392 Regular Session, November 16, 2015 Book 145
RESOLUTION NO. 388-15
ACCEPTING THE BUILDING DECON-
STRUCTION AT 610 WILBUR STREET
PROJECT AND AUTHORIZING THE PAY-
MENT OF THE CONTRACT AMOUNT TO
THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Building Deconstruction at 610 Wilbur
Street (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 ac-
cepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
Stone Retaining Walls capital improvement
appropriation for the contract amount of
$21,480.00 less any retained percentage pro-
vided 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 16th
day of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE BUILDING DECON-
STRUCTION AT 610 WILBUR STREET
The undersigned City Engineer of the City
of Dubuque, Iowa hereby certifies that he has
inspected the Building Deconstruction at 610
Wilbur Street (the Project), and that said Pro-
ject has been performed in compliance with
the terms of the Public Improvement Contract,
and that the total cost of the completed work is
$21,480.00.
Dated this 11th day of November, 2015.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 12th
day of November, 2015.
/s/Kevin S. Firnstahl, City Clerk
10. Stoltz Street Retaining Wall Project Ac-
ceptance: City Manager recommending ac-
ceptance of the construction contract for the
Stoltz Street Retaining Wall Repair Project as
completed by W.C. Stewart. Upon motion the
documents were received and filed and Reso-
lution No. 389-15 Accepting the Stoltz Street
Retaining Wall Repair Project and authorizing
the payment of the contract amount to the con-
tractor was adopted.
RESOLUTION NO. 389-15
ACCEPTING THE STOLTZ STREET RE-
TAINING WALL REPAIR PROJECT AND
AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Public Improvement Contract
for the Stoltz Street Retaining Wall Repair Pro-
ject (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 Engi-
neer recommends that the Project be accept-
ed.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
Stone Retaining Wall capital improvement
appropriation for the contract amount of
$29,100.00 less any retained percentage pro-
vided 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 16th
day of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE STOLTZ STREET
RETAINING WALL REPAIR PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa hereby certifies that he has
inspected the Stoltz Street Retaining Wall Re-
pair Project, and that said Project has been
performed in compliance with the terms of the
Public Improvement Contract, and that the
total cost of the completed work is $31,600.00.
Dated this 11th day of November, 2015.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 12th
day of November, 2015.
/s/Kevin S. Firnstahl, City Clerk
11. Acceptance of Permanent Easement
for Storm Sewer Utility from Padre Pio Health
Care Center, Inc.: City Manager recommend-
ing acceptance of a permanent easement for
storm sewer across property owned by Pio
Health Care Center, Inc., located at 1001 As-
sisi Drive. Upon motion the documents were
received and filed and Resolution No. 390-15
Accepting a Grant of Permanent Easement for
Book 145 Regular Session, November 16, 2015 393
Storm Sewer Utility through, over and across
part of Lot 3-1 of Block 7 in Phase 1 of Stone
Hill Community Subdivision No. 1, in the City
of Dubuque, Iowa was adopted.
RESOLUTION NO. 390-15
ACCEPTING A GRANT OF PERMANENT
EASEMENT FOR STORM SEWER UTILITY
THROUGH, OVER AND ACROSS PART OF
LOT 3-1 OF BLOCK 7 IN PHASE 1 OF
STONE HILL COMMUNITY SUBDIVISION
NO. 1, IN THE CITY OF DUBUQUE, IOWA
Whereas, Padre Pio Health Care Center
Inc., has executed a Permanent Easement for
Storm Sewer Utility through, over and across
Part of Lot 3-1 of Block 7 in Phase 1 of Stone
Hill Community Subdivision No. 1, in the City
of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Permanent
Easement for Storm Sewer Utility through,
over and across Lot 3-1 of Block 7 in Phase 1
of Stone Hill Community Subdivision No. 1, in
the City of Dubuque, Iowa from Padre Pio
Health Care Center Inc., a copy of which is
attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. 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 Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 16th
day of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Canadian Pacific Railroad - CP Posi-
tive Train Control Infrastructure: City Manager
transmitting staff's response to the Canadian
Pacific Railroad regarding its CP Positive Train
Control Infrastructure (tip towers) installations.
Upon motion the documents were received
and filed.
13. Creative Risk Solutions as Subrogee of
Scott Estal vs. City of Dubuque: City Attorney
recommending approval of a Settlement in the
case of Creative Risk Solutions as Subrogee
of Scott Estal vs. City of Dubuque subject to
receiving a satisfactory release. Upon motion
the documents were received, filed and ap-
proved.
14. HUD National Disaster Resiliency
Competition Submission: City Manager rec-
ommending approval to submit a Phase II ap-
plication to the US Department of Housing and
Urban Development National Disaster Resili-
ence Competition. Upon motion the docu-
ments were received, filed and approved.
15. Employer Mandate Reporting Services
Agreement: City Manager recommending ap-
proval of an agreement with Cottingham &
Butler Insurance Services to prepare and file
the required Internal Revenue Service forms
1094-C and 1095-C on behalf of the City as-
sociated with the Patient Protection and Af-
fordable Care Act beginning in 2016. Upon
motion the documents were received, filed and
approved.
16. Fiscal Year 2015 Iowa Urban Renewal
Annual Report: City Manager recommending
approval of the Fiscal Year 2015 State Urban
Renewal Annual Report. Upon motion the
documents were received and filed and Reso-
lution No. 391-15 Approving the Fiscal Year
2015 Urban Renewal Report for the City of
Dubuque was adopted.
RESOLUTION NO. 391-15
APPROVING THE FISCAL YEAR 2015 UR-
BAN RENEWAL REPORT FOR THE CITY
OF DUBUQUE.
Whereas, the Iowa Legislature approved
HF 2460 in the 2012 Legislative Session,
amending the current law pertaining to urban
renewal districts; and
Whereas, HF 2460, otherwise known as
the Urban Renewal Reporting Act of 2012,
aims to increase transparency in the utilization
of tax increment financing; and
Whereas, HF 2460 requires an annual ur-
ban renewal report be approved by the majori-
ty of a local governing body that had an active
urban renewal plan anytime during the most
recently ended fiscal year; and
Whereas, City staff have fulfilled the re-
quirements outlined in the Act through a web-
based reporting tool hosted by the Iowa De-
partment of Management.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Fiscal Year 2015 Urban
Renewal Report for the City of Dubuque be
approved.
Section 2. That the Budget Director of the
City of Dubuque, Iowa is hereby authorized
and directed to submit the Report, with a rec-
ord of this approval, to the Iowa Department of
Management.
Passed, approved and adopted this 16th
day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
394 Regular Session, November 16, 2015 Book 145
17. Quarterly Investment Report for Sep-
tember 30, 2015: City Manager transmitting
the Quarterly Investment Report for Septem-
ber 30, 2015. Upon motion the documents
were received and filed.
18. Property Acquisition - 501 E. 15th
Street Amendment to Purchase Agreement:
City Manager recommending approval of an
amendment to the purchase agreement for the
acquisition of 501 E. 15th Street for the Bee
Branch Creek Restoration Project. Upon mo-
tion the documents were received and filed
and Resolution No. 392-15 Amending the Pur-
chase Agreement for the Acquisition of Real
Estate owned by Blum Properties, Inc., in the
City of Dubuque was adopted.
RESOLUTION NO. 392-15
AMENDING THE PURCHASE AGREEMENT
FOR THE ACQUISITION OF REAL ESTATE
OWNED BY BLUM PROPERTIES, INC., IN
THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to
acquire certain properties located in the area
of the Bee Branch Creek Restoration Project
for stormwater mitigation activities as recom-
mended in the "Drainage Basin Master Plan;”
and
Whereas, a purchase agreement was final-
ized with the Blum Properties, Inc., owner of
the property scheduled for acquisition; and
Whereas, the City Council passed Resolu-
tion 30-13 approving the acquisition of 501 E.
15th Street for the Bee Branch Creek Restora-
tion Project; and
Whereas, per the terms of the purchase
agreement, the City is to close and take own-
ership of the property in December of 2015;
and
Whereas, the owner has requested that the
City make payment for the property in January
of 2016; and
Whereas, it is in the best interest of the
City to purchase the property in December of
2015 as outlined in the agreement and to ac-
commodate the owner’s request and delay
payment for the property until January of 2016.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That amending the purchase agreement
for 501 E. 15th Street to reflect that the City will
make payment for the property in January of
2016 is hereby approved. All other terms and
conditions of the agreement shall remain in full
force and effect.
Passed, approved and adopted this 16th
day of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Proposed Housing Choice Vouch-
er/Section 8 Administrative Plan Changes: City
Manager approval of two changes to the Hous-
ing Choice Voucher/Section 8 Administrative
Plan related to increasing the voucher unit size
and adjusting the standards on fair market
rents. Upon motion the documents were re-
ceived, filed and approved.
20. Response to Mr. Daniel Boots: City
Manager transmitting a response to Daniel
Boots regarding his request for information on
affirmatively furthering fair housing. Upon mo-
tion the documents were received and filed.
21. 2013 IRS Audit: City Manager transmit-
ting correspondence from the Internal Reve-
nue Service - Tax Exempt and Government
Entities Division reporting no changes to the
City's reported tax. Upon motion the docu-
ments were received and filed.
22. Citizen Petition – Avenue: Residents of
Isborn Avenue submitting a petition requesting
the City consider constructing a cul-de-sac at
the end of the street. Upon motion the docu-
ment was received, filed and referred to the
City Manager.
23. Civil Service Commission: Civil Service
Commission submitting the Certified List for
the position of Accountant. Upon motion the
document was received, filed and made a Mat-
ter of Record.
October 9, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Accountant was administered on September
17, 2015. We hereby certify that the individuals
listed below have passed this written examina-
tion and the vacancy for this position should be
filled from this list and that this list is good for
two (2) years from above date.
Accountant I
1. Elizabeth Hargrove
2. Carl Heidesch
3. Arielle Swift
4. Travis Clark-Smith
5. Thomas Major
6. Aaron Fishnick
7. Tanya Walske
8. Sara Wernimont
9. Kristina Nielsen
10. Kate Schwager
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
Book 145 Regular Session, November 16, 2015 395
24. Appeal of Claim by Frank Vlach: Cor-
respondence from Frank Vlach appealing de-
nial of his claim against the City for vehicle
damage. Upon motion the documents were
received, filed and referred to the City Attor-
ney.
25. Alcohol and Tobacco License Renew-
als: City Manager recommending approval of
annual liquor, beer, wine and tobacco license
applications as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 393-15 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.
394-15 Approving applications for retail ciga-
rette/tobacco sales/nicotine/vapor permits, as
required by Iowa Code 453A.47A were adopt-
ed.
RESOLUTION NO. 393-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 noted
permit types to the following applicants pend-
ing submission of the locally required docu-
mentation:
Renewals
Aragon Tap, 1103 Iowa St., Class C Liquor
(Sunday)
Big 10 Mart Car Wash, 1875 J.F.K. Rd., Class
C Beer (Sunday)
Bridge Restaurant The, 31 Locust, Class C
Liquor (Sunday)
Double Shot, 2093 Washington, Class C Liq-
uor (Sunday)
Grand Harbor Resort & Water Park, 350 Bell
St., Class B Liquor (Catering) (Outdoor)
(Sunday)
Iowa Street Market Inc., 1256 Iowa St., Class
E Liquor, Class B Wine, Class C Beer
(Sunday)
Kwik Stop Food Mart, 4039 Pennsylvania
Ave., Class C Beer, Class B Native Wine
(Sunday)
Plaza 20 BP/Amoco, 2600 Dodge St., Class C
Beer, Class B Native Wine (Sunday)
New
Kwik Stop #858, 3340 JFK Rd., Class E Liq-
uor, Class B Native Wine, Class C Beer
(Sunday)
The Empire, 1700 Central Ave., Class C Liq-
uor
Passed, approved and adopted this 2nd
day of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO.394-15
APPROVING APPLICATIONS FOR RETAIL
CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY
IOWA CODE 453A.47A
Whereas, applications for Ciga-
rette/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 oth-
erwise 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 author-
ized and directed to cause to be issued the
following named applicants and locations for
cigarette/tobacco sales permit.
Kwik Stop #858, 3340 JFK Rd.
Passed, approved and adopted this 16th
day of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
1. Housing Commission: One, 3 year term
through August 17, 2018 (Vacant At-Large
term of Foster). Applicant: Nicolas Hobson,
1592 Locust St. (Qualifies for At-Large). No
motion entered.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the following items.
396 Regular Session, November 16, 2015 Book 145
1. Request to Rezone - Northwest Corner
of Asbury Road and Evergreen Drive: Proof of
Publication on notice of public hearing to con-
sider a request from Julie Cheung and Alex
Fursou to rezone property at the northwest
corner of Asbury Road and Evergreen Drive
(3150 Asbury Road) from R-1 Single-Family
Residential District to R-2 Two-Family Resi-
dential District and the Zoning Advisory Com-
mission recommending approval. Motion by
Connors to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Jones. Planning Ser-
vices Manager Laura Carstens provided a staff
report. Zoning Advisory Commission Chairper-
son Patrick Norton and Ms. Carstens respond-
ed to questions from the City Council regard-
ing traffic, parking and the original zoning and
change in circumstances surrounding the re-
zonings of this parcel. Property owner Julie
Cheung, 3150 Asbury Rd., spoke in support of
the request citing a previous denial to rezone
to commercial and questioned the reasons for
opposition. Motion carried 6-0.
Motion by Connors for final consideration
and passage of Ordinance No. 70-15 Amend-
ing Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by
reclassifying hereinafter described property
located at the northwest corner of Asbury
Road and Evergreen Drive from R-1 Single-
Family Residential District to R-2 Two-Family
Residential District. Seconded by Lynch. Mo-
tion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 70-15
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT THE NORTH-
WEST CORNER OF ASBURY ROAD AND
EVERGREEN DRIVE FROM R-1 SINGLE-
FAMILY RESIDENTIAL DISTRICT TO R-2
TWO-FAMILY RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter described property from
R-1 Single-Family Residential District to R-2
Two-Family Residential District, to wit:
Lot 1 Block 2 Clover Hills Subdivision, to
the centerline of the adjoining public
right-of-way, all in the City of Dubuque,
Iowa.
Section 2. That the foregoing amendment
has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publication as provided by
law.
Passed, approved and adopted this 16th
day of November, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of November,
2015.
/s/Kevin S. Firnstahl, City Clerk
2. Request to Rezone - Northwest Corner
of University Avenue and Alta Vista Street:
Proof of publication on notice of public hearing
to consider a request from MV Residential
Development, LLC to rezone property at the
Northwest corner of University Avenue and
Alta Vista from R-2 Two-Family Residential
District to OR Office Residential District and
the Zoning Advisory Commission recommend-
ing approval. Motion by Lynch 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 Connors. Pete
Schwiegeraht, Developer for the Miller-
Valentine (MV) Midwest Region, 9349 Water-
Stone Blvd., Cincinnati, OH, provided a history
of the company, described the project and
responded to questions from the City Council.
Jim Gonyier, 935 Oxford St., expressed his
concern over the removal of existing trees, the
effect of area traffic on the mobility of elderly
residents, and traffic enforcement in that area
of University Avenue. Planning Services Man-
ager Laura Carstens provided a staff report.
Motion carried 6-0.
Motion by Lynch for final consideration and
passage of Ordinance No. 71-15 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by reclas-
sifying hereinafter described property located
at the northwest corner of University Avenue
and Alta Vista Street from R-2 Two-Family
Residential District to OR Office Residential
District. Seconded by Connors. Motion carried
6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 71-15
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT THE NORTH-
WEST CORNER OF UNIVERSITY AVENUE
AND ALTA VISTA STREET FROM R-2 TWO-
Book 145 Regular Session, November 16, 2015 397
FAMILY RESIDENTIAL DISTRICT TO OR
OFFICE RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter–described property from
R-2 Two-Family Residential District to OR Of-
fice Residential District, to wit:
Southeast 1.3 acres of the Church of the
Nativity Place, to the centerline of the ad-
joining public right-of-way, all in the City
of Dubuque, Iowa.
Section 2. That the foregoing amendment
has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publication as provided by
law.
Passed, approved and adopted this 16th
day of November, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of November,
2015.
/s/Kevin S. Firnstahl, City Clerk
3. 2015 SCADA (Flow Metering Stations)
Manhole Installation Project: Proof of publica-
tion on notice of public hearing to approve the
plans, specifications, form of contract, and
estimated cost for the 2015 SCADA Manhole
Installation Project and the City Manager rec-
ommending approval. Motion by Lynch to re-
ceive and file the documents and adopt Reso-
lution No. 395-15 Approval of plans, specifica-
tions, form of contract, and estimated cost for
the 2015 SCADA (Flow Metering Stations)
Manhole Installation Project. Seconded by
Connors. Motion carried 6-0.
RESOLUTION NO. 395-15
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE 2015 SCADA (FLOW ME-
TERING STATIONS) MANHOLE INSTALLA-
TION PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
2015 SCADA (flow metering stations) Manhole
Installation Project, in the estimated amount
$105,000.00, are hereby approved.
Passed, adopted and approved this 16th
day of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Five Flags Center Annual Report
Presentation: Five Flags Center Manager
Joyce White of SMG provided a verbal report
on the current fiscal year activities and future
plans for the Five Flags Center and an-
nounced her retirement at the end of Decem-
ber 2015. Topics included three-year financial
comparison; event categories; Civic Center
usage allocation (by space); local, regional
and national programming usage for FY 15;
notable events FY2015; meetings and conven-
tions FY15; featured special event, photo es-
say; multiple use timeline; upcoming events;
review of staff and community ser-
vice/relations. Motion by Lynch to receive and
file the information. Seconded by Connors.
Motion carried 6-0.
2. English Ridge Housing Urban Renewal
Area - Correction of Legal Description within
Urban Renewal Plan: City Manager recom-
mending approval of a modification to the
resolution and ordinance correcting the legal
description for the English Ridge Housing Ur-
ban Renewal Plan. Motion by Jones to receive
and file the documents and adopt Resolution
No. 396-15 Amending Resolution No. 38-15
which approved the English Ridge Housing
Urban Renewal Area by substituting a new
Attachment D to correct the legal description
for the English Ridge Housing Urban Renewal
District. Seconded by Resnick. Motion carried
6-0.
Motion by Jones to receive and file the
documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Connors. Motion
carried 6-0.
Motion by Jones for final consideration and
passage of Ordinance No. 72-15 Amending
Ordinance No. 68-15 Approving the Urban
Renewal Plan for the English Ridge Housing
Urban Renewal Area to correct the legal de-
scription contained in the Ordinance and the
Urban Renewal Plan for the English Ridge
Housing Urban Renewal Area. Seconded by
Connors. Motion carried 6-0.
RESOLUTION NO. 396-15
AMENDING RESOLUTION NO. 380-15
WHICH APPROVED THE ENGLISH RIDGE
HOUSING URBAN RENEWAL AREA BY
SUBSTITUTING A NEW ATTACHMENT D
TO CORRECT THE LEGAL DESCRIPTION
FOR THE ENGLISH RIDGE HOUSING UR-
BAN RENEWAL DISTRICT
398 Regular Session, November 16, 2015 Book 145
Whereas, the City Council of the City of
Dubuque, Iowa after public notice and hearing
as prescribed by law and pursuant to Resolu-
tion No. 380-15 passed and approved on the
2nd day of November, 2015, adopted an Ur-
ban Renewal Plan (the "Urban Renewal Plan")
for an urban renewal area known as the Eng-
lish Ridge Housing Urban Renewal Area (the
"Urban Renewal Project Area"); and
Whereas, Attachment D to the Urban Re-
newal Project Area contains an error in the
legal description.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Resolution 380-15 is amended
by deleting Attachment D to the Urban Re-
newal Plan for the English Ridge Housing Ur-
ban Renewal Area and substituting Attach-
ment D attached hereto.
Section 2. That the City Clerk of the City of
Dubuque, Iowa is hereby authorized and di-
rected to file a certified copy of this Resolution
and Attachment D, as amended, in the office
of the Dubuque County Recorder.
Passed, approved and adopted this 16th
day of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 72-15
AMENDING ORDINANCE NO. 68-15 AP-
PROVING THE URBAN RENEWAL PLAN
FOR THE ENGLISH RIDGE HOUSING UR-
BAN RENEWAL AREA TO CORRECT THE
LEGAL DESCRIPTION CONTAINED IN THE
ORDINANCE AND THE URBAN RENEWAL
PLAN FOR THE ENGLISH RIDGE HOUSING
URBAN RENEWAL AREA
Whereas, the City Council of the City of
Dubuque, Iowa after public notice and hearing
as prescribed by law and pursuant to Ordi-
nance 68-15 passed and approved on the 2nd
day of November, 2015, adopted an Urban
Renewal Plan (the "Urban Renewal Plan") for
an urban renewal area known as the English
Ridge Housing Urban Renewal Area (the "Ur-
ban Renewal Project Area"); and
Whereas, Section 1 of the ordinance
should be amended to correct the legal de-
scription.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 1 of Ordinance No. 68-
15 is amended to read as follows:
Section 1. For purposes of this Ordinance,
the following terms have the following mean-
ings:
(a) Urban Renewal Project Area
shall include that area described as fol-
lows:
ALL THAT PART OF THE RIGHT OF
WAY OF STONE VALLEY DRIVE LY-
ING BETWEEN THE SOUTHEAST-
ERLY RIGHT OF WAY LINE OF U.S.
HIGHWAY 20 AND THE WEST LINE
OF ENGLISH RIDGE SUBDIVISION.
LOTS B AND C ENGLISH RIDGE
SUBDIVISION (CHESTERFIELD
DR.), AND;
LOT A ENGLISH RIDGE SUBDIVI-
SION, AND;
LOT L ENGLISH RIDGE SUBDIVI-
SION, AND;
LOT K ENGLISH RIDGE SUBDIVI-
SION, AND;
LOT J ENGLISH RIDGE SUBDIVI-
SION, AND;
LOTS 3 – 22, INCLUSIVE, IN
BLOCK 1 ENGLISH RIDGE SUB-
DIVISION, AND;
LOTS 1 – 23, INCLUSIVE, IN
BLOCK 2 ENGLISH RIDGE SUB-
DIVISION, AND;
ALL ADJOINING PUBLIC RIGHT OF
WAY, ALL IN THE CITY OF DUBU-
QUE, DUBUQUE COUNTY, IOWA.
LOT 1 IN ENGLISH RIDGE PLACE
NO. 1; AND;
ALL ADJOINING PUBLIC RIGHT OF
WAY, ALL IN THE CITY OF DUBU-
QUE, DUBUQUE COUNTY, IOWA.
LOTS 1 – 21, INCLUSIVE, IN
ENGLISH RIDGE SUBDIVISION
NO. 2; AND;
ALL ADJOINING PUBLIC RIGHT OF
WAY, ALL IN THE CITY OF DUBU-
QUE, DUBUQUE COUNTY, IOWA.
LOTS 22 - 42, INCLUSIVE, IN
ENGLISH RIDGE SUBDIVISION
NO. 3; AND;
ALL ADJOINING PUBLIC RIGHT OF
WAY, ALL IN THE CITY OF DUBU-
QUE, DUBUQUE COUNTY, IOWA.
LOTS 53 IN ENGLISH RIDGE
SUBDIVISION NO. 4, AND;
ALL ADJOINING PUBLIC RIGHT OF
WAY, ALL IN THE CITY OF DUBU-
QUE, DUBUQUE COUNTY, IOWA.
LOT B ENGLISH RIDGE SUBDIVI-
SION NO. 5, AND;
LOTS 43 - 52, INCLUSIVE, AND
LOTS 54 - 64, INCLUSIVE, IN
ENGLISH RIDGE SUBDIVISION
NO. 6, AND;
ALL ADJOINING PUBLIC RIGHT OF
WAY, ALL IN THE CITY OF DUBU-
QUE, DUBUQUE COUNTY, IOWA.
LOT E ENGLISH RIDGE SUBDIVI-
SION NO. 6, EXCEPTING THAT
PORTION OF SAID LOT E LYING
WITHIN THE PUBLIC RIGHT OF WAY
OF ENGLISH MILL ROAD.
Book 145 Regular Session, November 16, 2015 399
(b) Urban Renewal Plan shall mean
the Urban Renewal Plan for the English
Ridge Housing Urban Renewal Area,
approved by Resolution No. 380-15 on
November 2, 2015, as amended by
Resolution 396-15 on November 16,
2015, as the same may be amended
from time to time.
Section 2. This Ordinance shall be in effect
after its final passage, approval and publica-
tion as provided by law.
Passed and approved this 16th day of No-
vember, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of November,
2015.
/s/Kevin S. Firnstahl, City Clerk
3. Derby Grange, LLC - Agreement for De-
velopment of Property: City Manager recom-
mending approval of the Agreement with Der-
by Grange, LLC, for the development of prop-
erty at the northwest corner of John F. Kenne-
dy Road and Derby Grange Road. Motion by
Lynch to receive and file the documents and
adopt Resolution No. 397-15 Approving an
Agreement between the City of Dubuque, Iowa
and Derby Grange, LLC, for the development
of property at the northwest corner of John F.
Kennedy Road and Derby Grange Road. Se-
conded by Connors. Motion carried 6-0.
RESOLUTION NO. 397-15
APPROVING AN AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND DER-
BY GRANGE, LLC, FOR THE DEVELOP-
MENT OF PROPERTY AT THE NORTH-
WEST CORNER OF JOHN F. KENNEDY
ROAD AND DERBY GRANGE ROAD
Whereas, the City Council has identified
Planned and Managed Growth as a Five-year
City Goal; and
Whereas, Planned and Management
Growth includes exploring partnerships with
developers for residential development within
the city of Dubuque; and
Whereas, Derby Grange, LLC, is the owner
of property at the northwest corner of John F.
Kennedy Road and Derby Grange Road; and
Whereas, Derby Grange, LLC, has ex-
pressed a desire to enter into an agreement
with the City of Dubuque for the development
of the Derby Grange, LLC, property as a City
of Dubuque development; and
Whereas, it is the determination of the City
Council that approval of the attached Agree-
ment between Derby Grange, LLC, and the
City of Dubuque (the Agreement) is in the pub-
lic interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Agreement is hereby
approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Agree-
ment on behalf of the City and the City Clerk is
authorized and directed to attest to his signa-
ture.
Section 3. That the City Manager is author-
ized to take such actions as are necessary to
carry out the terms of the Agreement.
Passed, approved, and adopted this 16th
day of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Derby Grange, LLC, - Pre-Annexation
Agreement: City Manager recommending ap-
proval of the Derby Grange, LLC, Pre-
Annexation Agreement and covenants for
property located at the northwest corner of
John F. Kennedy Road and Derby Grange
Road, in accordance with the City of Dubu-
que’s Fringe Area Development Standards.
Motion by Jones to receive and file the docu-
ments and adopt Resolution No. 398-15 Ap-
proving a Pre-Annexation Agreement, Cove-
nant Pertaining to Water Service, and Cove-
nant Assessment of Costs of Improvements
between the City of Dubuque, Iowa and Derby
Grange, LLC. Seconded by Lynch. Motion
carried 6-0.
RESOLUTION NO. 398-15
APPROVING A PRE-ANNEXATION
AGREEMENT, COVENANT PERTAINING TO
WATER SERVICE, AND COVENANT AS-
SESSMENT OF COSTS OF IMPROVE-
MENTS BETWEEN THE CITY OF DUBU-
QUE, IOWA AND DERBY GRANGE, LLC
Whereas, Derby Grange, LLC, the owner
of the following described property in Dubuque
County, Iowa (the Property) has submitted to
the City Council of the City of Dubuque an
application for voluntary annexation of the
Property to the City of Dubuque:
Lot 1 Tscharner Place #4; and
Whereas, Derby Grange, LLC, has entered
into a Pre-Annexation Agreement, Covenant
Pertaining to Water Service, and Covenant
Assessment of Costs of Improvements with
the City of Dubuque, copies of which are at-
tached hereto governing the future annexation
of the Property; and
Whereas, the Property is not subject to an
existing annexation moratorium; and
Whereas, the Property does not include
any state or railroad property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
Dubuque County, Iowa and the extension of
city limits by voluntary annexation; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
400 Regular Session, November 16, 2015 Book 145
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Dubuque, and will promote efficient and cost
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-Annexation Agreement,
Covenant Pertaining to Water Service, and
Covenant Assessment of Costs of Improve-
ments by and between Derby Grange, LLC
and the City of Dubuque are hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Agree-
ment and Covenants on behalf of the City and
the City Clerk is authorized and directed to
attest to his signature.
Passed, approved and adopted this 16th
day of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. REAP Grant Agreement with IDNR -
Eagle Point Park: City Manager recommend-
ing approval of the Fiscal Year 2016 REAP
Grant Agreement with the Iowa Department of
Natural Resources for the Eagle Point Park
Environmental Restoration Project. Motion by
Connors to receive and file the documents and
adopt Resolution No. 399-15 Authorizing
REAP Grant Agreement with Iowa Department
of Natural Resources for Eagle Point Park
Environmental Restoration Project. Seconded
by Jones. Motion carried 6-0.
RESOLUTION NO. 399-15
AUTHORIZING REAP GRANT AGREEMENT
WITH IOWA DEPARTMENT OF NATURAL
RESOURCES FOR EAGLE POINT PARK
ENVIRONMENTAL RESTORATION PRO-
JECT
Whereas, the Iowa Department of Natural
Resources has allocated grant funds from
REAP (Resource Enhancement and Protec-
tion) for projects that help establish natural
areas, encourage outdoor recreation, and en-
hance and protect Iowa’s natural and cultural
resources; and
Whereas, the City of Dubuque has adopted
the 2012 Comprehensive Plan that includes
goals for environmental quality, park improve-
ments, and stormwater management.
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 FY 2016 REAP Grant Agreement
with the Iowa Department of Natural Re-
sources for the Eagle Point Park Environmen-
tal Restoration Project in the amount of
$200,000.
Section 2. That the City Council hereby
provides its written assurance that the com-
pleted project will be adequately maintained
for its intended use in accordance with state
requirements.
Passed, approved and adopted this 16th
day of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Applewood IV Urban Revitalization Area
Designation (Lange Estate): City Manager
recommending approval of a petition for Urban
Revitalization Area Designation from Horizon
for a 60 unit affordable senior housing devel-
opment at 3275 Pennsylvania Avenue titled
Applewood IV. Motion by Jones to receive and
file the documents and adopt Resolution No.
400-15 Finding that the designation of the
Lange Estate Urban Revitalization Plan is
necessary to encourage needed housing and
residential development providing safe, afford-
able housing for the residents of the City of
Dubuque, Iowa. Seconded by Connors. City
Manager Van Milligen addressed questions
from the City Council about available data on
the need for senior housing. Motion carried 6-
0.
RESOLUTION NO. 400-15
FINDING THAT THE DESIGNATION OF THE
LANGE ESTATE URBAN REVITALIZATION
PLAN IS NECESSARY TO ENCOURAGE
NEEDED HOUSING AND RESIDENTIAL
DEVELOPMENT PROVIDING SAFE, AF-
FORDABLE HOUSING FOR THE RESI-
DENTS OF THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of the City of
Dubuque finds that the property at 3275 Penn-
sylvania Avenue (Property) is currently vacant
and underutilized, and Horizon (Horizon) has
proposed to develop the Property by construct-
ing a 60-unit residential housing development
for seniors; and
Whereas, the City supports the develop-
ment and construction of housing and residen-
tial properties which provide quality, affordable
housing; and
Whereas, the Property is located in an ar-
ea eligible for the Urban Revitalization Tax
Exemption program; and
Whereas, in the area proposed for desig-
nation under the Urban Revitalization Act there
is need for public improvements related to
housing and the encouragement of housing
and residential development as defined by
Section 404.1(5) of the Iowa Code; and
Whereas, through the Urban Revitalization
Program, the Property is eligible to receive a
one hundred percent exemption from taxation
on the actual value added by the improve-
Book 145 Regular Session, November 16, 2015 401
ments for a period of ten years so long as it is
assessed as residential property or assessed
as commercial property, if the commercial
property consists of three or more separate
living quarters with at least seventy-five per-
cent of the space used for residential purpos-
es.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The new construction housing
development at the Property legally described
as
Lot Two of Lange Estate in the County of
Dubuque, City of Dubuque, Iowa accord-
ing to the recorded plat thereof is
deemed necessary and in the interest of
the residents of the City.
Section 2. That the City Council supports
the Horizon Petition asking the Property be
designated an Urban Revitalization Area and
supports Horizon’s efforts to receive a tax
credit award from the Iowa Finance Authority
for this Development.
Section 3. The City Council approves sup-
porting the project and authorizes staff to work
with the City Assessor to complete the form 5S
for the Developer’s submission to the Iowa
Finance Authority prior to the December 7,
2015 deadline for consideration.
Section 4. The proposed Development is
consistent with the City of Dubuque’s afforda-
ble housing strategies and goal to implement
the City’s comprehensive plan.
Passed, approved and adopted this 16th
day of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Marquette Hall- Petition for Urban Revi-
talization Designation (Sacred Heart School):
City Manager recommending approval of a
petition for Urban Revitalization Area Designa-
tion from Cohen-Esrey Affordable Partners for
the former Sacred Heart Elementary School,
being called Marquette Hall, at 2222 Queen
Street. Motion by Lynch to receive and file the
documents and adopt Resolution No. 401-15
Finding that the designation of the Marquette
Hall Urban Revitalization Plan is necessary in
the interest of the public health, safety, and
welfare of the residents of the City of Dubu-
que, Iowa. Seconded by Jones. City Manager
Van Milligen responded to questions from the
City Council regarding assessed value as it
applies to tax-exempt status of church property
vs. income-generating properties following
development. Motion carried 6-0.
RESOLUTION NO. 401-15
FINDING THAT THE DESIGNATION OF THE
MARQUETTE HALL URBAN REVITALIZA-
TION PLAN IS NECESSARY IN THE INTER-
EST OF PUBLIC HEALTH, SAFETY, AND
WELFARE OF THE RESIDENTS OF THE
CITY OF DUBUQUE, IOWA
Whereas, the City Council of the City of
Dubuque finds that the property at 2222
Queen Street, (Property) is currently vacant
and underutilized, and Cohen-Esrey Affordable
Partners (Cohen-Esrey) has proposed to de-
velop the Property by rehabilitating the former
Sacred Heart Elementary School into 28 his-
toric and affordable senior apartments; and
Whereas, the City supports the develop-
ment and construction of housing and residen-
tial properties which provide quality, affordable
housing; and
Whereas, the Property is located in an ar-
ea eligible for the Urban Revitalization Tax
Exemption program; and
Whereas, in the area proposed for desig-
nation under the Urban Revitalization Act is an
area in which there is a predominance of build-
ings or improvements which by reason of age,
history, architecture or significance should be
preserved or restored to projective use Section
404.1(3) of the Iowa Code; and
Whereas, through the Urban Revitalization
Program, the Property is eligible to receive a
one hundred percent exemption from taxation
on the actual value added by the improve-
ments for a period of ten years so long as it is
assessed as residential property or assessed
as commercial property, if the commercial
property consists of three or more separate
living quarters with at least seventy-five per-
cent of the space used for residential purpos-
es.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The new construction housing
development at the Property legally described
as
Lot #’s 31,32,33,34 Sanford Sub., ac-
cording to the recorded plat thereof is
deemed necessary and in the interest of
the residents of the City.
Section 2. That the City Council supports
the Cohen-Esrey’s Petition asking the Property
be designated an Urban Revitalization Area
and supports Cohen-Esrey’s efforts to receive
a tax credit award from the Iowa Finance Au-
thority for this Development.
Section 3. The City Council approves sup-
porting the project and authorizes staff to work
with the City Assessor to complete the form 5S
for the Developer’s submission to the Iowa
Finance Authority prior to the December 7,
2015 deadline for consideration.
Section 4. The proposed Development is
consistent with the City of Dubuque’s afforda-
ble housing strategies and goal to implement
the City’s comprehensive plan.
402 Regular Session, November 16, 2015 Book 145
Passed, approved and adopted this 16th
day of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Paragon Square - Urban Revitalization
District Designation Petition (Holy Ghost
School): City Manager recommending approv-
al of a petition for Urban Revitalization Area
Designation from Frantz Community Investors
for the Paragon Square Urban Revitalization
District. Motion by Connors to receive and file
the documents and adopt Resolution No. 402-
15 Finding that the designation of the Paragon
Square Urban Revitalization Plan is necessary
for rehabilitation and conservation of the here-
inafter described property and Urban Revitali-
zation Area is necessary in the interests of the
public health, safety, and welfare of the resi-
dents of the City. Seconded by Jones. Motion
carried 6-0.
RESOLUTION NO. 402-15
FINDING THAT THE DESIGNATION OF THE
PARAGON SQUARE URBAN REVITALIZA-
TION PLAN IS NECESSARY FOR REHABIL-
ITATION AND CONSERVATION OF THE
HERINAFTER DESCRIBED PROPERTY
AND URBAN REVITALIZATION AREA IS
NECESSARY IN THE INTERESTS OF THE
PUBLIC HEALTH, SAFETY, AND WELFARE
OF THE RESIDENTS OF THE CITY
Whereas, the City Council of the City of
Dubuque finds that the properties at 2887 -
2901 Central Avenue (Property) are currently
vacant and underutilized, and Frantz Commu-
nity Investors has proposed to rehabilitate the
Property and create 29 senior affordable
apartments and restore both buildings on the
proposed parcels to their original historic sig-
nificance; and
Whereas, the City supports Economic De-
velopment, Historic Preservation, and pro-
motes Affordable Housing to benefit the citi-
zens of Dubuque; and
Whereas, the Property is located in an ar-
ea eligible for the Urban Revitalization Tax
Exemption program; and
Whereas, in the area proposed for desig-
nation under the Urban Revitalization Act there
is a predominance of buildings or improve-
ments which by reason of age, history, archi-
tecture or significance should be preserved or
restored to productive use as defined by Sec-
tion 404.1(3) of the Iowa Code; and
Whereas, through the Urban Revitalization
Program, the Property is eligible to receive a
one hundred percent exemption from taxation
on the actual value added by the improve-
ments for a period of ten years so long as it is
assessed as residential property or assessed
as commercial property, if the commercial
property consists of three or more separate
living quarters with at least seventy-five per-
cent of the space used for residential purpos-
es.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the rehabilitation of the
hereinafter described Property legally de-
scribed as
2887 Central Avenue – Lot 2 – I
Paragon Square, Dubuque, Iowa
2901 Central Avenue – Lot 1 – I
Paragon Square, Dubuque, Iowa ac-
cording to the recorded plat thereof
is deemed necessary in the interest
the residents of the City.
Section 2. That the City Council supports
Frantz Community Investors’ Petition that 2887
- 2901 Central Avenue be designated a Urban
Revitalization Area and supports the develop-
er’s efforts to receive a tax credit award from
the Iowa Finance Authority for this Develop-
ment.
Section 3. That the City Council approve
the resolution supporting he project and au-
thorize staff to work with the City Assessor to
complete the form 5S for submission by De-
veloper prior to December 7, 2015 deadline for
consideration.
Section 4. That the proposed Development
is consistent with the City of Dubuque’s afford-
able housing strategies and its goal to imple-
ment its comprehensive plan.
Passed, approved and adopted this 16th
day of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. University Lofts - Petition for Urban Re-
vitalization Designation (Nativity School): City
Manager recommending recommends approv-
al of a petition for Urban Revitalization Area
Designation from MV Residential Development
for the University Lofts Urban Revitalization
Area District. Motion by Lynch to receive and
file the documents and adopt Resolution No.
403-15 Finding that the designation of the Uni-
versity Lofts Urban Revitalization Plan is nec-
essary to encourage needed housing and res-
idential development providing safe, affordable
housing for the residents of the City of Dubu-
que. Seconded by Resnick. Housing and
Community Development Director Alvin Nash
assured the City Council that this and the pre-
viously considered projects will have on-site
management. Motion carried 6-0.
RESOLUTION NO. 403-15
FINDING THAT THE DESIGNATION OF THE
UNIVERSITY LOFTS URBAN REVITALIZA-
TION PLAN IS NECESSARY TO ENCOUR-
AGE NEEDED HOUSING AND RESIDEN-
TIAL DEVELOPMENT PROVIDING SAFE,
Book 145 Regular Session, November 16, 2015 403
AFFORDABLE HOSUING FOR THE RESI-
DENTS OF THE CITY OF DUBUQUE
Whereas, the City Council of the City of
Dubuque finds that the properties at Parcel
ID#1025101003, part of a 5.48 acre tract cur-
rently conveyed to Church of the Nativity, be-
ginning at the intersection of the north right-of-
way line of University Avenue with the westerly
right-of-way of Alta Vista Street (Property)
which MV Residential Development has pro-
posed to develop the Property and create 56
units of senior multi-family housing; and
Whereas, the City supports the develop-
ment and construction of housing and residen-
tial properties which provide quality, affordable
housing; and
Whereas, the Property is located in an ar-
ea eligible for the Urban Revitalization Tax
Exemption program; and
Whereas, in the area proposed for desig-
nation under the Urban Revitalization Act there
is a predominance of buildings or improve-
ments which by reason of age, history, archi-
tecture or significance should be preserved or
restored to productive use as defined by Sec-
tion 404.1(5) of the Iowa Code; and
Whereas, through the Urban Revitalization
Program, the Property is eligible to receive a
one hundred percent exemption from taxation
on the actual value added by the improve-
ments for a period of ten years so long as it is
assessed as residential property or assessed
as commercial property, if the commercial
property consists of three or more separate
living quarters with at least seventy-five per-
cent of the space used for residential purpos-
es.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the rehabilitation of the
hereinafter described Property legally de-
scribed as
Being part of a 5.48 acre tract currently
conveyed to Church of the Nativity
(current Parcel ID#1025101003),
Dubuque County, Iowa, and more
particularly described as follows:
Beginning at the intersection of the
north right-of-way line of University
Avenue with the westerly right-of-
way of Alta Vista Street;
Thence from said point of beginning,
with said north right-of-way line,
South 79º00’00” West, for a dis-
tance of 224.71 feet,
Thence leaving said right-of-way line,
on the following three (3) courses
and distances:
1. North 9°00'00 West, for a distance of
99.95 feet;
2. North 34°00'00" West, for a distance
of 190.96 feet;
3. North 58°00'00" East, for a distance
of 177.42 feet to the aforemen-
tioned westerly right-of-way of Alta
Vista Street;
Thence with said right-of-way line,
South 32º00’00” East, for a distance
of 362.45 feet to the point of begin-
ning, containing approximately 1.36
+/- acres and being subject to any
easements, restrictions, covenants,
ordinances, or agreements of rec-
ord. This legal description is not
based on field verified boundary or
boundary retracement survey.
is deemed necessary in the interest the
residents of the City.
Section 2. That the City Council supports
MV Residential Development’s Petition that
the Property be designated a Urban Revitaliza-
tion Area and supports the developer’s efforts
to receive a tax credit award from the Iowa
Finance Authority for this Development.
Section 3. That the City Council approve
the resolution supporting he project and au-
thorize staff to work with the City Assessor to
complete the form 5S for submission by De-
veloper prior to December 7, 2015 deadline for
consideration.
Section 4. That the proposed Development
is consistent with the City of Dubuque’s afford-
able housing strategies and its goal to imple-
ment its comprehensive plan.
Passed, approved and adopted this 16th
day of November, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. City Attorney's Office: City Attorney
submitting a proposal for future staffing in the
City Attorney's Office. Motion by Lynch to re-
ceive and file the documents and accept the
City Attorney’s proposal to transition to part-
time effective September 2016 and consider
applications from the assistant city attorneys
for full-time City Attorney. Seconded by Con-
nors. Motion carried 6-0.
11. Request for Work Session on Source
of Income Update: City Manager requesting a
work session with the City Council on Decem-
ber 21, 2015 at 5:15 p.m. to discuss the
Source of Income process. Motion by Lynch to
receive and file the documents and set the
work session as recommended. Seconded by
Jones. Motion carried 6-0.
12. Request to Schedule Work Session on
Community Engagement: City Manager re-
questing a work session with the City Council
on February 1, 2016 at 5:00 p.m. to provide an
update on Community Engagement. Motion by
404 Regular Session, December 7, 2015 Book 145
Lynch to receive and file the documents and
set the work session as recommended. Se-
conded by Connors. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Council Member Connors requested City
Council concurrence on having the City Attor-
ney’s Office research best practices on how
public input is managed at other Council meet-
ings in Iowa for future discussion by City
Council. Concurred.
Council Member Jones thanked Boy Scout
Troop 94 for being in attendance.
There being no further business, upon mo-
tion the City Council adjourned at 8:49 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on December 7, 2015 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Pro-Tem Sutton; Council
Members Braig, Connors, Jones, Lynch, Res-
nick; City Manager Van Milligen, City Attorney
Lindahl
Absent: Mayor Buol
Mayor Pro-Tem Sutton 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.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion
carried 6-0.
1. Minutes and Reports Submitted: Cable
TV Commission of 10/14; City Council Pro-
ceedings of 11/16; Historic Preservation
Commission of 11/19; Library Board of Trus-
tees Update of 11/19; Sister City Relationships
Advisory Commission of 11/18; Zoning Board
of Adjustment of 11/19; Proofs of Publication
for City Council Proceedings of 11/2; Proofs of
Publication for List of Claims and Summary of
Revenues for Months Ending 9/20, 10/31 Up-
on motion the documents were received and
filed.
2. Notice of Claims and Suits: Matt Daykin
for vehicle damage, Shannon Martin for prop-
erty damage, Donna Moeller for personal inju-
ry. Upon motion the documents were received,
filed and referred to the City Attorney.
3. SCADA Manhole Installation Project
Award: City Manager recommending award of
the construction contract for the 2015 SCADA
(Flow Metering Stations) Manhole Installation
Project to the low bidder, Connolly Construc-
tion, Inc. Upon motion the documents were
received and filed and Resolution No. 404-15
Awarding public improvement contract for the
SCADA (Flow Metering Stations) Manhole
Installation Project was adopted.
Book 145 Regular Session, December 7, 2015 405
RESOLUTION NO. 404-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE SCADA (FLOW METER-
ING STATIONS) MANHOLE INSTALLATION
PROJECT
Whereas, sealed proposals have been
submitted by contractors for the SCADA (flow
metering stations) Manhole Installation Project
(the Project) pursuant to Resolution No. 379-
15 and Notice to Bidders published in a news-
paper published in the City of Dubuque, Iowa
on the 6th day of November, 2015; and
Whereas, said sealed proposals were
opened and read on the 19th day of November,
2015, and it has been determined that Connol-
ly Construction, Inc. of Peosta, Iowa with a bid
in the amount of $127,339.97, 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 Top Grade Excavat-
ing, Inc. and the City Manager is hereby di-
rected to execute a Public Improvement Con-
tract on behalf of the City of Dubuque for the
Project.
Passed, approved and adopted this 7th day
of December, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
4. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Matt Daykin for vehicle damage; Shan-
non Martin for property damage; Betty Tigges
for loses related to eminent domain. Upon
motion the documents were received, filed and
concurred.
5. Abstract of Votes - 2015 General Elec-
tion: Dubuque County Supervisors submitting
the Abstract of Votes from the November 3,
2015 General Election. Upon motion the doc-
uments were received and filed.
STATE OF IOWA
ABSTRACT OF VOTES
Dubuque County, Iowa
We, the undersigned Members of the
Board of Supervisors and ex-officio County
Board of Canvassers for this County, do here-
by certify the following to be a true and correct
abstract of the votes cast in this County at the
MUNICIPAL ELECTION held on the 3rd day of
November, 2015, as shown by the tally lists
returned from the several election precincts.
DUBUQUE CITY COUNCIL AT LARGE,
Dubuque
David Resnick Received two thousand
seven hundred ninety-six (2796) votes
Candidate Total: Two thousand seven
hundred ninety-six (2796) votes
Scattering: One hundred twenty-five (125)
votes
TOTAL: Two thousand nine hundred twen-
ty-one (2921) votes
We therefore declare: David Resnick duly
elected for the office of Dubuque City Council
At-large for the term of 4 years.
DUBUQUE CITY COUNCIL WARD FOUR,
Dubuque
Jake Rios Received five hundred fifty (550)
votes
Lynn V. Sutton received three hundred
eleven (311) votes
Candidate Total: Eight hundred sixty-one
(861) votes
Scattering: Five (5) votes
TOTAL: Eight hundred sixty-six (866) votes
We therefore declare: Jake Rios duly elected
for the office of DUBUQUE CITY COUNCIL
WARD FOUR for the term of 4 years.
DUBUQUE CITY COUNCIL WARD TWO,
Dubuque
Karla A. Braig Received two hundred sev-
enty-seven (277) votes
Luis Del Toro Received seven hundred for-
ty (740) votes
Candidate Total: One thousand seventeen
(1017) votes
Scattering Two (2) votes
TOTAL: One thousand nineteen (1019)
votes
We therefore declare: Luis Del Taro duly
elected for the office of DUBUQUE CITY
COUNCIL WARD TWO for the term of 4 years.
IN TESTIMONY WHEREOF, we have
hereunto set our hands and caused to be af-
fixed the seal of this county by the Clerk of the
Board of Supervisors. Done at Dubuque the
county seat of Dubuque County, this 9th day of
November, 2015.
/s/Daryl Klein, Chair
/s/Wayne Demmer
/s/Tom Hancock
Attest: /s/Denise M. Dolan, County Auditor and
Clerk of the Board of Supervisors
6. Paragon Square and Marquette Place
Senior Housing Projects - Letters of Commit-
ment: City Manager recommending approval
of two letters of financial support for senior
housing projects in downtown Dubuque by
Paragon Square Senior Housing, LLLP at
2887-2901 Central Avenue (former Holy Ghost
School) and Marquette Hall, LLC at 2222
406 Regular Session, December 7, 2015 Book 145
Queen Street (former Sacred Heart School).
Upon motion the documents were received,
filed and approved.
7. Acceptance of Asphalt Overlay Access
Ramp Project One: City Manager recommend-
ing acceptance of the construction contract for
the 2015 Asphalt Overlay Access Ramp Pro-
ject One as completed by Midwest Concrete,
Inc. Upon motion the documents were re-
ceived and filed and Resolution No. 405-15
Accepting the 2015 Asphalt Overlay Project
Curb Access Ramps Project One and authoriz-
ing the payment of the contract amount to the
contractor was adopted.
RESOLUTION NO. 405-15
ACCEPTING THE 2015 ASPHALT OVERLAY
PROJECT CURB ACCESS RAMPS PRO-
JECT ONE AND AUTHORIZING THE PAY-
MENT OF THE CONTRACT AMOUNT TO
THE CONTRACTOR
Whereas, the Public Improvement Contract
for the 2015 Asphalt Overlay Project Curb Ac-
cess Ramps Project One (the Project) has
been completed and the City Engineer has
examined the work and filed a certificate stat-
ing that the Project has been completed ac-
cording to the terms of the Public Improvement
Contract and that the City Engineer recom-
mends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the 2015
Asphalt Overlay Project Curb Access Ramps
appropriations for the contract amount of
$50,153.54, less any retained percentage pro-
vided 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 7th day
of December, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE 2015 ASPHALT
OVERLAY PROJECT CURB ACCESS
RAMPS PROJECT ONE
The undersigned City Engineer of the City
of Dubuque, Iowa hereby certifies that he has
inspected the 2015 Asphalt Overlay Project
Curb Access Ramps Project One, that the
Project has been performed in compliance with
the terms of the Public Improvement Contract,
and that the total cost of the completed work is
$50,153.54.
Dated this 4th day of December, 2015.
/s/ Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 4th
day of December, 2015.
/s/ Kevin Firnstahl, City Clerk
8. Acceptance of Asphalt Overlay Access
Ramp Project Two: City Manager recommend-
ing acceptance of the construction contract for
the 2015 Asphalt Overlay Access Ramp Pro-
ject Two as completed by Midwest Concrete,
Inc. Upon motion the documents were re-
ceived and filed and Resolution No. 406-15
Accepting the 2015 Asphalt Overlay Project
Curb Access Ramps Project Two and authoriz-
ing the payment of the contract amount to the
contractor was adopted.
RESOLUTION NO. 406-15
ACCEPTING THE 2015 ASPHALT OVERLAY
PROJECT CURB ACCESS RAMPS PRO-
JECT TWO AND AUTHORIZING THE PAY-
MENT OF THE CONTRACT AMOUNT TO
THE CONTRACTOR
Whereas, the Public Improvement Contract
for the 2015 Asphalt Overlay Project Curb Ac-
cess Ramps Project Two (the Project) has
been completed and the City Engineer has
examined the work and filed a certificate stat-
ing that the Project has been completed ac-
cording to the terms of the Public Improvement
Contract and that the City Engineer recom-
mends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the 2015
Asphalt Overlay Project Curb Access Ramps
Project Two appropriations for the contract
amount of $75,604.43, less any retained per-
centage provided for therein as provided in
Iowa Code chapter 573, and to pay such re-
tainage only in accordance with the provisions
of Iowa Code chapter 573.
Passed, approved and adopted this 7th day
of December, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE 2015 ASPHALT
OVERLAY PROJECT CURB ACCESS
RAMPS PROJECT TWO
The undersigned City Engineer of the City
of Dubuque, Iowa hereby certifies that he has
inspected the 2015 Asphalt Overlay Project
Curb Access Ramps Project Two, that the
Project has been performed in compliance with
the terms of the Public Improvement Contract,
Book 145 Regular Session, December 7, 2015 407
and that the total cost of the completed work is
$75,604.43.
Dated this 4th day of December, 2015.
/s/ Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 4th
day of December, 2015.
/s/ Kevin Firnstahl, City Clerk
9. Acceptance of Asphalt Overlay Access
Ramp Project Three: City Manager recom-
mending acceptance of the construction con-
tract for the 2015 Asphalt Overlay Access
Ramp Project Three as completed by Midwest
Concrete, Inc. Upon motion the documents
were received and filed and Resolution No.
407-15 Accepting the 2015 Asphalt Overlay
Project Curb Access Ramps Project Three and
authorizing the payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 407-15
ACCEPTING THE 2015 ASPHALT OVERLAY
PROJECT CURB ACCESS RAMPS PRO-
JECT THREE AND AUTHORIZING THE
PAYMENT OF THE CONTRACT AMOUNT
TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the 2015 Asphalt Overlay Project Curb Ac-
cess Ramps Project Three (the Project) has
been completed and the City Engineer has
examined the work and filed a certificate stat-
ing that the Project has been completed ac-
cording to the terms of the Public Improvement
Contract and that the City Engineer recom-
mends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the 2015
Asphalt Overlay Project Curb Access Ramps
Project Three appropriations for the contract
amount of $111,403.87, less any retained per-
centage provided for therein as provided in
Iowa Code chapter 573, and to pay such re-
tainage only in accordance with the provisions
of Iowa Code chapter 573.
Passed, approved and adopted this 7th day
of December, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE 2015 ASPHALT
OVERLAY PROJECT CURB ACCESS
RAMPS PROJECT THREE
The undersigned City Engineer of the City
of Dubuque, Iowa hereby certifies that he has
inspected the 2015 Asphalt Overlay Project
Curb Access Ramps Project Three, that the
Project has been performed in compliance with
the terms of the Public Improvement Contract,
and that the total cost of the completed work is
$111,403.87.
Dated this 4th day of December, 2015.
/s/ Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 4th
day of December, 2015.
/s/ Kevin S. Firnstahl, City Clerk
10. Acceptance of SRF Green Alley Project
Bid Set 1 - Year 2: City Manager recommend-
ing acceptance of the construction contract for
the SRF Green Alley-Bid Set 1 Year 2 Project
as completed by Drew Cook and Sons Exca-
vating and adopting the Final Schedule of As-
sessments. Upon motion the documents were
received and filed and Resolution No. 408-15
Accepting the SRF Green Alley Project - Bid
Set 1 Year 2 and authorizing the payment of
the contract amount to the contractor; and
Resolution No. 409-15 Adopting the Final As-
sessment Schedule for the SRF Green Alley
Project Bid Set 1 Year 2 were adopted.
RESOLUTION NO. 408-15
ACCEPTING THE SRF GREEN ALLEY
PROJECT - BID SET 1 YEAR 2 AND AU-
THORIZING THE PAYMENT OF THE CON-
TRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the SRF Green Alley Project - Bid Set 1
Year 2 (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 ac-
cepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the SRF
Green Alley Project fund for the contract
amount of $862,667.43 less any retained per-
centage provided for therein as provided in
Iowa Code chapter 573, and to pay such re-
tainage only in accordance with the provisions
of Iowa Code chapter 573.
Passed, approved and adopted this 7th day
of December, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE SRF GREEN ALLEY
PROJECT - BID SET 1 YEAR 2
The undersigned City Engineer of the City
of Dubuque, Iowa hereby certifies that he has
408 Regular Session, December 7, 2015 Book 145
inspected the SRF Green Alley Project - Bid
Set 1 Year 2, that the Project has been per-
formed in compliance with the terms of the
Public Improvement Contract, and that the
total cost of the completed work is
$992,067.54.
Dated this 4th day of December, 2015.
/s/ Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 4th
day of December, 2015.
/s/ Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 409-15
ADOPTING THE FINAL ASSESSMENT
SCHEDULE FOR THE SRF GREEN ALLEY
PROJECT - BID SET 1 YEAR 2
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 3 inclusive is hereby
approved for the SRF Green Alley Project - Bid
Set 1 Year 2.
There is hereby assessed and levied as a
special tax against and upon each of the bene-
fited properties, the respective sums indicated.
The amounts shown in said Final Schedule of
Assessments as deficiencies are found to be
proper and levied conditionally against the
respective properties benefited by the im-
provements as shown in the Final Schedule of
Assessments, subject to the provisions of Iowa
Code § 384.63. Said assessments against
said lots are hereby declared to be in propor-
tion to the special benefits conferred and not in
excess of twenty-five percent of the value of
same.
The City Clerk be and is hereby directed to
certify the Final Schedule of Assessments to
the County Treasurer of Dubuque County,
Iowa, and to publish notice of said certification
once each week for two consecutive weeks in
the manner provided in Iowa Code § 362.3,
the first publication of which shall be not more
than fifteen days from the date of filing of the
Final Schedule of Assessments. On or before
the date of the second publication of the no-
tice, 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, Dubu-
que, Iowa at any time within 30 days after the
date of the first notice of the Final Schedule of
Assessments. Thereafter, unpaid assessments
of $500.00 or more are payable in 15 annual
installments at the County Treasurer’s Office,
Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa and will draw annual
interest at three percent (3%) computed to
December 1 next following the due dates of
the respective installments as provided in Sec-
tion 384.65 of the Code of Iowa. Each install-
ment will be delinquent from October 1 follow-
ing its due date on July 1 of each year. How-
ever, when the last day of September is a Sat-
urday or Sunday, that amount shall be delin-
quent from the second business day of Octo-
ber. Delinquent installments will draw the
same delinquent interest as ordinary taxes.
Property owners may elect to pay any annual
installments semi-annually in advance.
Passed, approved and adopted this 7th day
of December, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENTS
SRF GREEN ALLEY PROJECT - BID SET 1
YEAR 2
DATE: DECEMBER 11, 2015
The following schedule is hereby deter-
mined to show each lot proposed to be as-
sessed for the improvement shown in the title
together with the amount proposed to be as-
sessed against each lot and the valuations
shown opposite each lot are hereby fixed as
the true valuations of such lots by the City
Council of the City of Dubuque.
PARCEL NUMBER; PROPERTY OWNER
NAME; LOT DESCRIPTION; STREET AD-
DRESS; VALUATION WITH IMPROVEMENT;
NET PAVING IMPROVEMENT COST; NET
PAVING IMPROVEMENT DEFICIENCY; TO-
TAL PUBLIC IMPROVEMENT COST; VOL-
UNTARY ASSESSMENT; TOTAL NET AS-
SESSMENT
UNIVERSITY TO GRANDVIEW BETWEEN
UNIVERSITY AND DELHI
1026212005; Holy Trinity Lutheran Church
Of Dubuque; Lots 14 & 15 in Morheisers Sub;
1730 UNIVERSITY; $13,218.74; $948.74;
$0.00; $948.74; $948.74
1026212006; HOLY TRINITY LUTHERAN
CHURCH; Lot 16 Morheisers Sub 1710-1710
1/2 UNIVERSITY; 1710 UNIVERSITY AVE;
$88,469.40; $749.40; $0.00; $749.40; $749.40
1026212007; K&T Real Estate LLC; Lot 17
Morheisers Sub; 1690 University Ave;
$85,750.22; $870.22; $0.00; $870.22; $870.22
1026212008; K&T Real Estate LLC; Lot 18
Morheisers Sub; 1670 University Ave;
$87,430.24; $970.24; $0.00; $970.24; $970.24
1026212009; K&T Real Estate LLC; Lot 19
Morheiser Sub; 1660 University Ave;
$120,496.20; $1,056.20; $0.00; $1,056.20;
$1,056.20
1026212010; Holy Trinity Lutheran Church;
Lot 1 Schwind Homestead; 1797 Delhi;
$24,356.32; $2,636.32; $0.00; $2,636.32;
$2,636.32
1026212011; Holy Trinity Lutheran Church;
Lot 2 Sub of Lots 4 & 5 & 1-1-6 & 2-7 & 2-1-7
Book 145 Regular Session, December 7, 2015 409
Sub of Lot 45 of Morheisers Add; Delhi;
$369,993.92; $1,623.92; $0.00; $1,623.92;
$1,623.92
1026212012; Holy Trinity Lutheran Church;
Lot 3 Morheisers Sub; Delhi; $10,390.46;
$2,590.46; $0.00; $2,590.46; $2,590.46
1026212013; Holy Trinity Lutheran Church;
Lot 1-2, Lot 1-2-1, & Lot 2-1-1 all in Morheisers
Sub; 1739 Delhi; $1,029,025.57; $1,325.57;
$0.00; $1,325.57; $17,352.00; $18,677.57
1026212014; Kane, Thomas P & Julie M;
Lot 1-1-1, Lot 2-2-1, Lot 2-2 all In Morheisers
Sub; 1725 Delhi St; $91,136.59; $486.59;
$0.00; $486.59; $486.59
1026212018; JDK Real Estate LLC; Lots 1-
6-12 & 2-6-12 both of Min Lot 172 & Lot 2-1
Rigis Sub & Lot 1-1-1 Rigis Sub; 1705 Delhi
ST; $348,809.50; $1,369.50; $0.00; $1,369.50;
$1,369.50
AVOCA TO ALGONA BETWEEN
GRANDVIEW AND GREEN
1023376001; Ripperger, David J. &
O'Connor, Carrie L.; E 28' of W 50' of W 100'
of Lot 2 of Min Lot 179 & Lot A of E 28' of W
50' of W100' of Lot 2 of Min Lot 179; 1975 N
Grandview Ave; $96,474.34; $704.34; $0.00;
$704.34; $704.34
1023376002; Rubio Jr, Teodoro & Kimber-
ly E; E 50' of W 100' of Lot 2 of Min Lot 179;
1961 N Grandview Ave; $115,166.20;
$1,006.20; $0.00; $1,006.20; $1,006.20
1023376003; Hoffman, William J & Julia A;
W 50' of E 100' of Lot 2 of Mineral Lot 179;
1955 N Grandview Ave; $105,736.20;
$1,006.20; $0.00; $1,006.20; $1,006.20
1023376004; Merritt, Florence G; E 50' of
E 100' of Lot 2 of Min Lot 179; 1945 N
Grandview Ave; $85,606.20; $1,006.20; $0.00;
$1,006.20; $1,006.20
1023376005; Queck Capital Management
LLC; W 50' of Lot 3 of Min Lot 179; 1935 N
Grandview Ave; $118,986.20; $1,006.20;
$0.00; $1,006.20; $1,006.20
1023376006; Dix, Richard H & Patricia A;
Lot 2 of E 150' of 3 of Min Lot 179; 1933 N
Grandview Ave; $100,266.20; $1,006.20;
$0.00; $1,006.20; $1,006.20
1023376007; Benn, Robert T; Lot 1-1 of E
150' of 3 of Min Lot 179 & LOT 2-1 of E 150' of
3 of Min Lot 179; 1921 N Grandview Ave;
$89,582.48; $402.48; $0.00; $402.48; $402.48
1023376009; Wiezorek, William R & Car-
olyn; Lot 1-1 Leo Fonck Place 1850-1850 1/2
Avoca; 1850 Avoca St; $109,298.48;
$2,478.48; $0.00; $2,478.48; $2,478.48
1023376013; Freiburger, Tammy M; Lot 11
& E 10' of Lots 7 & 8 Mills West Dubuque;
2145 Green St; $114,081.08; $1,191.08;
$0.00; $1,191.08; $1,191.08
1023376014; Mcdermott, Tara L; Lot 12
Mills West Dubuque; 2135 Green St;
$99,472.51; $1,182.51; $0.00; $1,182.51;
$1,182.51
1023376015; Otterbeck, Nancy K; Lot 13
Mills West Dubuque; 2125 Green St;
$90,522.51; $1,182.51; $0.00; $1,182.51;
$1,182.51
1023376016; Schwartz, Elizabeth; Lot 14 &
W 30' Lot 15 Mills West Dubuque; 2115 Green
St; $136,143.00; $473.00; $0.00; $473.00;
$473.00
PRAIRIE TO WALNUT BETWEEN CHEST-
NUT AND 11 ST
1024380002; Breitbach, Robert L & Cathe-
rine R; Lots 5 & 6 Hetheringtons Sub; Prairie;
$13,480.48; $3,493.00; -$122.52; $3,370.48;
$3,247.96
1024380003; Swift, Charles M & Eagle,
Debra D; Lot 4 Hetheringtons Sub; 695 W 11th
St; $89,021.30; $1,021.30; $0.00; $1,021.30;
$1,021.30
1024380004; Drahozal, Steven & Allison;
Lot 3 Hetheringtons Sub; 683 W 11th St;
$93,641.30; $1,021.30; $0.00; $1,021.30;
$1,021.30
1024380005; Highlands of Dubuque LC;
Lot 2 Hetheringtons Sub 663-675 W 11th St;
663 W 11th St; $171,011.30; $1,021.30; $0.00;
$1,021.30; $1,021.30
1024380006; Whetsell, Michael C & Leah
L; Lot 1 Hetheringtons Sub; 653 W 11th St;
$118,931.30; $1,021.30; $0.00; $1,021.30;
$1,021.30
11. Acceptance of Sanitary Sewer Main
Improvements - Arbor Estates No. 2: City
Manager recommending acceptance of the
public improvements that the developer,
Riverdream Properties LLC, has recently com-
pleted in Arbor Estates No. 2. Upon motion the
documents were received and filed and Reso-
lution No. 410-15 Accepting public improve-
ments in Arbor Estates No. 2 in the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 410-15
ACCEPTING PUBLIC IMPROVEMENTS IN
ARBOR ESTATES NO. 2 IN THE CITY OF
DUBUQUE, IOWA
Whereas, pursuant to Sanitary Sewer
Construction Agreement dated July 29, 2015,
certain public improvements including sanitary
sewer, were installed by the developer of Ar-
bor Estates No. 2 in the City of Dubuque, Io-
wa; and
Whereas, the improvements have been
completed and the City Manager has exam-
ined the work and has filed a certificate stating
that the same has been completed in accord-
ance with the plans approved by the City
Council and in conformance with City specifi-
cations, and has recommended that the im-
provements be accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
410 Regular Session, December 7, 2015 Book 145
Section 1 That the recommendation of the
City Manager be approved and that said public
improvements in Arbor Estates No. 2 be and
the same is hereby accepted.
Section 2. That maintenance of said public
improvements shall be the responsibility of the
owners, Riverdream Properties LLC, for a pe-
riod of two (2) years from the date of this reso-
lution.
Passed, approved and adopted this 7th day
of December, 2015.
Lynn V. Sutton, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
12. Acceptance of Fire Station #4 Im-
provements - Mechanical & Restroom Up-
grade Project: City Manager recommending
acceptance of the construction contract for the
Fire Station #4 Improvements – Mechanical
and Restroom Upgrade Project, as completed
by Maryville Construction Company. Upon
motion the documents were received and filed
and Resolution No. 411-15 Accepting the Fire
Station No. 4 - Mechanical & Restroom Up-
grade Project and authorizing the payment to
the contractor was adopted.
RESOLUTION NO. 411-15
ACCEPTING THE FIRE STATION NO. 4 –
MECHANICAL & RESTROOM UPGRADE
PROJECT AND AUTHORIZING THE PAY-
MENT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Fire Station No. 4 – Mechanical & Re-
stroom Upgrade Project (the Project) has been
completed by the Contractor, Maryville Con-
struction (Contractor), the City Engineer has
examined the work and recommends that the
Project be accepted; and
Whereas, the final contract amount for the
Project is $222,398.00; and
Whereas, the Contractor has previously
been paid $222,398.00, leaving a balance of
$0.00; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Passed, approved and adopted this 7th day
of December, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE FIRE STATION NO. 4
- MECHANICAL & RESTROOM UPGRADE
PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa hereby certifies that he has
inspected the Fire Station No. 4 - Mechanical
& Restroom Upgrade Project, and the said
Project has been performed in compliance with
the terms of the Public Improvement Contract,
and that the total cost of the completed work is
$222,398.00.
Dated this 30th day of November, 2015
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk in the 3rd
day of December, 2015.
/s/Kevin S. Firnstahl, City Clerk
13. Acceptance of Public Roadway Im-
provements at John F Kennedy Road and
West 32nd Street: City Manager recommend-
ing acceptance of the public roadway im-
provements that the developer, Kivlahan
Farms L.C., has recently completed at the
intersection of John F. Kennedy Road and
West 32nd Street. Upon motion the documents
were received and filed and Resolution No.
412-15 Accepting public roadway improve-
ments at JFK Road and West 32nd Street in
the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 412-15
ACCEPTING PUBLIC ROADWAY IM-
PROVEMENTS AT JFK ROAD AND WEST
32ND STREET IN THE CITY OF DUBUQUE,
IOWA
Whereas, pursuant to an Agreement dated
April 17, 2015 and approved by City Council
Resolution No. 314-15 on September 8, 2015,
certain public roadway improvements, includ-
ing turn lanes, concrete median, crosswalks,
curb ramps, and appurtenances were installed
by the developer of Arbor Estates No. 2 in the
City of Dubuque, Iowa; and
Whereas, the improvements have been
completed and the City Manager has exam-
ined the work and has filed a certificate stating
that the same has been completed in accord-
ance with the plans approved by the City
Council and in conformance with City specifi-
cations, and has recommended that the im-
provements be accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said public
roadway improvements at the intersection of
JFK Road and West 32nd Street be and the
same is hereby accepted.
Section 2. That maintenance of said public
improvements shall be the responsibility of the
Book 145 Regular Session, December 7, 2015 411
owners, Kivlahan Farms L.C., for a period of
two (2) years from the date of this resolution.
Passed, approved and adopted this 7th day
of December, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
14. Weaver Castle, LLC Amendment to
Development Agreement for 1576-1578-1580
Locust Street: City Manager recommending
approval of the Second Amendment to Devel-
opment Agreement with Weaver Castle, LLC
for 1576-1578-1580 Locust Street extending
the completion date to April 30, 2016. Upon
motion the documents were received and filed
and Resolution No. 413-15 Approving the
Second Amendment to the Development
Agreement between the City of Dubuque, Iowa
and Weaver Castle, LLC, was adopted.
RESOLUTION NO. 413-15
APPROVING THE SECOND AMENDMENT
TO THE DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND WEAVER CASTLE, LLC
Whereas the City of Dubuque, Iowa (City)
and Weaver Castle, LLC (Developer) entered
into a Development Agreement dated for ref-
erence purposes the 6th day of April, 2014 for
the redevelopment of the property at 1576-
1578-1580 Locust Street; and
Whereas City and Developer now desire to
amend the Development Agreement as set
forth in the First Amendment to Development
Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby ap-
proves the Second Amendment to Develop-
ment Agreement.
Section 2. The Mayor is authorized and di-
rected to sign the First Amendment to Devel-
opment Agreement on behalf of the City of
Dubuque.
Passed, approved and adopted this 7th day
of December, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
15. Weaver Castle, LLC Amendment to
Development Agreement for 324-326 W. Lo-
cust Street: City Manager recommending ap-
proval of the Second Amendment to Develop-
ment Agreement with Weaver Castle, LLC to
allow the developer to be paid the Downtown
Housing Incentive for an additional apartment
at 324-326 W. Locust Street. Upon motion the
documents were received and filed and Reso-
lution No. 414-15 Approving the Second
Amendment to the Development Agreement
between the City of Dubuque, Iowa and
Weaver Castle, LLC was adopted.
RESOLUTION NO. 414-15
APPROVING THE SECOND AMENDMENT
TO THE DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND WEAVER CASTLE, LLC
Whereas the City of Dubuque, Iowa (City)
and Weaver Castle, LLC (Developer) entered
into a Development Agreement dated for ref-
erence purposes the 1st day of April, 2013 for
the redevelopment of the property at 324-326
West Locust Street; and
Whereas City and Developer now desire to
amend the Development Agreement as set
forth in the Second Amendment to Develop-
ment Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby ap-
proves the Second Amendment to Develop-
ment Agreement.
Section 2. The Mayor is authorized and di-
rected to sign the Second Amendment to De-
velopment Agreement on behalf of the City of
Dubuque.
Passed, approved and adopted this 7th day
of December, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
16. Appeal of Claim by Frank Vlach: City
Attorney recommending denial of the appeal of
a claim against the City by Frank Vlach for
vehicle damage. Upon motion the documents
were received, filed and concurred.
17. Sewershed 10 Corrective Action Plan
and Submittal of Reports: City Manager rec-
ommending approval of and authorization for
the City Manager to certify the Corrective Ac-
tion Plan for Sewershed 10 and submittal of
the certified report to the U.S. Department of
Justice, U.S. Environmental Protection Agency
and the Iowa Department of Natural Re-
sources. Upon motion the documents were
received, filed and approved.
18. Swimming Pool Concessions Staffing:
City Manager recommending approval of the
addition of staffing in the amount of .479 Full
Time Equivalent (FTE’s) for Fiscal Year 2016
and 1.44 FTE’s in the future budgets for the
purpose of operating the concession stands at
Flora and Sutton Pools. Upon motion the doc-
uments were received, filed and approved.
19. Water Department - Request to Create
a Separate Civil Service Classification: City
Manager recommending approval to eliminate
one Equipment Operator II position and create
one Water Distribution Equipment Operator
412 Regular Session, December 7, 2015 Book 145
position in the Water Department. Upon mo-
tion the documents were received, filed and
approved.
20. Freshwater Mussels and the Renewal
of the Dubuque Ice Harbor: City Manager
transmitting information from the U.S. Fish and
Wildlife Service Midwest Region about Fresh-
water Mussels and the renewal of the Dubu-
que Ice Harbor. Upon motion the documents
were received and filed.
21. Dubuque Intermodal Transportation
Center (DITC) Signage: Historic Preservation
Commission recommending approval of the
internally illuminated electronic message cen-
ter sign for the DITC parking ramp, as submit-
ted, with suggestions. Upon motion the docu-
ments were received, filed and approved.
22. Holy Family School District - DARE
Agreement: City Manager recommending ap-
proval of the Fiscal Year 2015/2016 Drug
Abuse Resistance Education (DARE) Agree-
ment between the City of Dubuque Police De-
partment and the Holy Family School District.
Upon motion the documents were received,
filed and approved.
23. Bee Branch Creek Flood Control
Pumping Station Gates and Primary Electrical
Service Replacement Project: City Manager
recommending the City enter into an agree-
ment with IIW, P.C. for design and engineering
services, including the alternative design anal-
ysis, for the Bee Branch Flood Control Pump-
ing Station Gates and Primary Electrical Ser-
vice Replacement Project. Upon motion the
documents were received, filed and approved.
24. U.S. EPA Urban Waters Small Grant
Application: City Manager recommending ap-
proval of an application for U.S. EPA Urban
Waters Small Grant in order to secure funding
to identify the source of the E. coli bacteria
found in the Bee Branch Creek and establish-
ing the City Manager as an authorized repre-
sentative of the City regarding the grant. Upon
motion the documents were received and filed
and Resolution No. 415-15 Approving an ap-
plication for water monitoring and establishing
the City Manager as an authorized representa-
tive regarding the agreement between the U.S.
Environmental Protection Agency and the City
of Dubuque, Iowa for Urban Waters Small
Grant was adopted.
RESOLUTION NO. 415-15
APPROVING AN APPLICATION FOR WA-
TER MONITORING AND ESTABLISHING
THE CITY MANAGER AS AN AUTHORIZED
REPRESENTATIVE REGARDING THE
AGREEMENT BETWEEN THE U.S. ENVI-
RONMENTAL PROTECTION AGENCY AND
THE CITY OF DUBUQUE, IOWA FOR A UR-
BAN WATERS SMALL GRANT
Whereas, urban stormwater pollution is a
common threat to any urban stream; and
Whereas, the US EPA has announced a
funding opportunity for urban waters; and
Whereas, identifying the source of bacteria
can help to determine appropriate best man-
agement practices.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Mayor is authorized to sign
and submit an application to the EPA for moni-
toring bacteria within the Bee Branch Creek.
Section 2. The City Manager is hereby au-
thorized to act as an authorized representative
on the Environmental Protection Agency grant
agreement and may execute any documents
required by the agreement as the Environmen-
tal Protection Agency may reasonably request.
Passed, approved and adopted this 7th day
of December, 2015.
Lynn V. Sutton, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
25. Total Administrative Services Corpora-
tion Flexible Spending Plan Fee Renewal: City
Manager recommending approval of the ad-
ministrative services fee proposed by Total
Administrative Services Corporation for the
flexible spending plan effective January 1,
2016, through December 31, 2016. Upon mo-
tion the documents were received, filed and
approved.
26. Iowa Scenic Byways Jurisdiction
Agreement: City Manager recommending au-
thorization for the Mayor to execute a Jurisdic-
tion Agreement with the Iowa Department of
Transportation for the Iowa Scenic Byways
Program to remove and replace the Iowa
Great River Road signs. Upon motion the doc-
uments were received and filed and Resolution
No. 416-15 Approving a Jurisdiction Agree-
ment between the City of Dubuque and the
Iowa Department of Transportation for the
Iowa Scenic Byways Program to remove and
replace the Iowa Great River Road signs was
adopted.
RESOLUTION NO. 416-15
APPROVING A JURISDICTION AGREE-
MENT BETWEEN THE CITY OF DUBUQUE
AND THE IOWA DEPARTMENT OF TRANS-
PORTATION FOR THE IOWA SCENIC BY-
WAYS PROGRAM TO REMOVE AND RE-
PLACE THE IOWA GREAT RIVER ROAD
SIGNS
Whereas, the City and Iowa Department of
Transportation (Iowa DOT) desire to execute a
Jurisdiction Agreement for the Iowa Scenic
Book 145 Regular Session, December 7, 2015 413
byways program to remove and replace the
Iowa Great River Road signs; and
Whereas, the purpose of the Jurisdiction
Agreement is to confirm the responsibilities of
the Iowa DOT and the local jurisdictions that
host byways with regard to byway signage.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City hereby agrees to exe-
cute the Jurisdiction Agreement with the Iowa
DOT for the Iowa Scenic byways program to
remove and replace the Iowa Great River
Road signs.
Passed, approved and adopted this 7th day
of December, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
27. SW Arterial Supplemental Agreement
No. 15: City Manager recommending authori-
zation for the City Manager to execute the
Consultant Professional Services – Supple-
mental Agreement with AECOM Technical
Services, Inc. for the final engineering design
phase of the Southwest Arterial Project, sub-
ject to the concurrence of the Iowa Department
of Transportation. Upon motion the documents
were received and filed and Resolution No.
417-15 Approving the Consultant Professional
Services - Supplemental Agreement No. 15
between AECOM Technical Services, Inc., and
the City of Dubuque for the completion of final
engineering design phase of the Southwest
Arterial Project was adopted.
RESOLUTION NO. 417-15
APPROVING THE CONSULTANT PROFES-
SIONAL SERVICES - SUPPLEMENTAL
AGREEMENT NO. 15 BETWEEN AECOM
TECHNICAL SERVICES, INC. AND THE
CITY OF DUBUQUE FOR THE COMPLE-
TION OF FINAL ENGINEERING DESIGN
PHASE OF THE SOUTHWEST ARTERIAL
PROJECT
Whereas, the City of Dubuque is proceed-
ing with the Southwest Arterial Project, from
U.S. Highway 20 to U.S. Highway 61/151, in
Dubuque, Iowa; and
Whereas, as a result of proposed design
and plan modifications, the original scope of
services needs to be revised to reflect modifi-
cations to previously-completed design ele-
ments, as well as new tasks which are re-
quired to continue to advance the completion
of the final engineering design phase; and
Whereas, the Consultant Professional Ser-
vices - Supplemental Agreement authorizes
AECOM to provide the revised scope of ser-
vices to continue to advance the completion of
the final engineering design phase.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Consultant Profes-
sional Services - Supplemental Agreement No.
15 between AECOM Technical Services, Inc.
and the City of Dubuque for the final engineer-
ing design phase of the Southwest Arterial
project is hereby approved, subject to the con-
currence of the Iowa Department of Transpor-
tation.
Section 2. That the City Manager be au-
thorized and directed to execute three copies
of said Consultant Professional Services -
Supplemental Agreement No. 15 with AECOM
Technical Services, Inc. for the final engineer-
ing design phase of the Southwest Arterial
project.
Passed, approved and adopted this 7th day
of December, 2015.
Lynn V. Sutton, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
28. Civil Service Commission: Civil Service
Commission submitting the Certified Lists for
the positions of Firefighter and Mechanic. Up-
on motion the documents were received, filed
and make a Matter of Record.
December 7, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Fire Entry was administered on September
26, 2015. We hereby certify that the individuals
listed below have passed this written examina-
tion and the vacancy for this position should be
made from this list and that this list is good for
eighteen (18) months from the above date.
Firefighter
1. Bradley Soat 13. Collin Riley
2. Jeffrey Pregler 14. Joseph Long
3. Robert Reed 15. Amanda Grap
4. Ross Dillavou 16. Christopher Grue
5. Gilbert June 17. Jacob Fiedler
6. Nicky Metz 18. Alexander Miller
7. Scott Brachman 19. Joseph Schmitt
8. Kyle Reinert 20. Jayson Wagner
9. Ryan Wheeler 21. Michael Luksetich
10. William Sullivan 22. Mitchell Nachreiner
11. Jeffrey Schmitt 23. Robert Cole
12. Jeremy Vondal
Respectfully submitted,
/s/ Dan White, Chairperson
Civil Service Commission
414 Regular Session, December 7, 2015 Book 145
November 5, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Mechanic was administered on October 21,
2015. We hereby certify that the individuals
listed below have passed this written examina-
tion and the vacancy for this position should be
filled from this list and that this list is good for
two (2) years from above date.
Mechanic
1. Robert Benn 8. Robert Hall
2. Jeffrey Davis, Jr. 9. Nick Henkel
3. Steven Schulz 10. Kevin Smith
4. Randall Lester 11. Michael Hathaway
5. David Nauman 12. Michael Simon
6. Zachary Arnold 13. Donald Bates III
7. Eric Curler 14. Timothy Miller
15. Joseph Hayes
Respectfully submitted,
/s/ Dan White, Chairman
Civil Service Commission
29. Community Development Block Grant
(CDBG) Annual Action Plan Fiscal Year 2016
Amendment 2: City Manager recommending
approval of the FY 2016 Community Develop-
ment Block Grant Annual Action Plan –
Amendment 2 that reallocates funds from the
prior FY 2015 Annual Plan into the FY 2016
Annual Plan and reprograms funds for existing
and new projects. Upon motion the documents
were received and filed and Resolution No.
418-15 Approving Fiscal Year 2016 (Program
Year 2015) Annual Action Plan Amendment 2
for Community Development Block Grant
(CDBG) Funds was adopted.
RESOLUTION NO. 418-15
APPROVING FISCAL YEAR 2016 (PRO-
GRAM YEAR 2015) ANNUAL ACTION PLAN
AMENDMENT 2 FOR COMMUNITY DEVEL-
OPMENT BLOCK GRANT (CDBG) FUNDS
Whereas, the City of Dubuque prepared
and filed an Annual Action Plan for Fiscal
Years 2016; and
Whereas, the City of Dubuque now desires
to amend said Annual Plan by reallocating
funds between existing activities and providing
funds for new activities; and
Whereas, said amendment is a substantial
amendment as provided in the City's Citizen
Participation Plan and therefore must be ap-
proved by resolution of the City Council after a
public hearing by the Community Develop-
ment Advisory Commission; and
Whereas, the City made available for
public comment said Annual Action Plan
on October 16, 2015 and advertised a 30
day public comment period ending November
18, 2015; and
Whereas, the Community Development Ad-
visory Commission reviewed said amendment
during a public hearing on November 18th, 2015
and voted to approve said amendment and
recommend approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Annual Action Plan for
Fiscal Years 2015 and 2016 are hereby re-
scinded and the balance of funds from these
plans are incorporated into a Fiscal Year 2016
(Program Year 2015) Annual Action Plan –
Amendment 2, attached hereto as Exhibit A.
Section 2. That said Fiscal Year 2016 (Pro-
gram Year 2015) Annual Action Plan Amend-
ment 2 attached hereto as Exhibit A is hereby
approved.
Section 3. That the City Manager is hereby
authorized and directed to submit a copy of
this resolution and amendment to the U.S.
Department of Housing and Urban Develop-
ment.
Passed, approved and adopted this 7th day
of December, 2015.
Lynn V. Sutton, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
30. Fiscal Year 2017 Annual TIF Report:
City Manager transmitting the Annual Tax In-
crement Financing Report for Fiscal Years
2017 that has been filed with Dubuque County
Auditor Denise Dolan. Upon motion the docu-
ments were received and filed.
31. State of Iowa Annual Financial Report
FY 2015: City Manager recommending ap-
proval of the City of Dubuque Fiscal Year 2015
Annual Financial Report. Upon motion the
documents were received, filed and approved.
32. South Fork Streambank Restoration
Project: City Manager recommending the
award of the South Fork Streambank Project
to MSA Professional Services for the purposes
of survey, design and construction inspections.
Upon motion the documents were received,
filed and approved.
33. Improvement Contracts / Performance,
Payment and Maintenance Bonds:
IDOT/Portzen Construction for the Upper Bee
Branch Creek Mississippi River Trail; Top
Grade Excavating, Inc., for the 2015 Sew-
ershed 7 & 10 Brick Manhole Replacement
Project. Upon motion the documents were
received, filed and approved.
34. Alcohol Compliance Civil Penalty for
Alcohol License Holder – Neighbor's Tap: City
Book 145 Regular Session, December 7, 2015 415
Manager recommending approval of the Ac-
knowledgment/Settlement Agreement for an
alcohol compliance violation for Neighbor's
Tap, 1899 Rockdale Road. Upon motion the
documents were received, filed and approved.
35. Alcohol Compliance Civil Penalty for
Alcohol License Holder – Pizza Hut #4691:
City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Pizza Hut
#4691, 320 East 20th Street. Upon motion the
documents were received, filed and approved.
36. Alcohol License Applications: City
Manager recommending approval of annual
beer, liquor and wine licenses as submitted.
Upon motion the documents were received
and filed and Resolution No. 419-15 Approving
applications for beer, liquor, and/or wine per-
mits, as required by City of Dubuque Code of
Ordinances Title 4 Business and License Reg-
ulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits
was adopted.
RESOLUTION NO. 419-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewal
Happy's Place, 2323 Rockdale Rd., Class C
Liquor (Sunday)
Holiday Inn Dubuque Five Flags, 450 Main St.,
Class B Liquor (Sunday)
Hy-Vee C Store #1, 3270 Dodge St., Class C
Beer, Class B Wine (Sunday)
Hy-Vee #2, 2395 NW Arterial, Class E Liquor,
Class B Wine, Class C Beer (Sunday)
Inspire Cafe, 955 Washington St. Suite 105,
Class C Liquor (Sunday)
Kwik Stop Food Mart, 2320 Gateway Dr.,
Class C Beer, Class B Native Wine (Sun-
day)
Pepper Sprout, Inc., 378 Main St., Class C
Liquor
Steve's Ace Home & Garden, 3350 JFK Rd.,
Class B Native Wine (Sunday)
New
Casey’s General Store #3473, 1072 Cedar
Cross Rd., Class E Liquor, Class B Native
wine, Class C Beer (Sunday)
Catfish Charlie’s, 1630 E. 16th St., Brew Pub
also High Proof Brew Pub
Dungeon, 302 Locust St., Class C liquor (Sun-
day)
Java Joes Coffee House, 342 Main St., Class
C liquor, Class B Wine (Catering) (Sunday)
Passed, approved and adopted this 7th day
of December, 2015.
Lynn V. Sutton, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 6-0.
1. General Obligation Bond Series
2016ABC - General Corporate Purpose: City
Manager recommending that a public hearing
be set for December 21, 2015, on the proposi-
tion of selling not to exceed $505,000 in Tax-
Exempt General Obligation Bonds, the pro-
ceeds of which will be used to pay costs of
roof improvements to the Historic Federal
Building and tuck-pointing at the Ham House.
Upon motion the documents were received
and filed and Resolution No. 420-15 Fixing
date for a meeting on the proposition of the
issuance of not to exceed $505,000 General
Obligation Bonds of the City of Dubuque, State
of Iowa (for General Corporate Purposes), and
providing for publication of notice thereof was
adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on December 21,
2015 in the Historic Federal Building.
RESOLUTION NO. 420-15
FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $505,000 GENERAL OBLIGA-
TION BONDS OF THE CITY OF DUBUQUE,
STATE OF IOWA (FOR GENERAL CORPO-
RATE PURPOSES), AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, State of Io-
wa, should issue General Obligation Bonds, to
the amount of not to exceed $505,000, as au-
thorized by Section 384.26, of the Code of
416 Regular Session, December 7, 2015 Book 145
Iowa, for the purpose of providing funds to pay
costs of carrying out general corporate pur-
pose projects as hereinafter described; and
Whereas, the Issuer has a population of
more than 5,000 but not more than 75,000,
and the Bonds for these purposes do not ex-
ceed $700,000; and
Whereas, before the Bonds may be issued,
it is necessary to comply with the provisions of
Chapter 384 of the Code of Iowa, and to pub-
lish a notice of the proposal to issue such
Bonds and the right to petition for an election.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF CITY OF DUBU-
QUE, STATE OF IOWA:
That this Council meet in the Historic Fed-
eral Building, 350 West 6th Street, Dubuque,
Iowa at 6:30 P.M., on the 21st day of Decem-
ber, 2015, for the purpose of taking action on
the matter of the issuance of not to exceed
$505,000 General Obligation Bonds, for gen-
eral corporate purposes, the proceeds of
which bonds will be used to provide funds to
pay the costs of improvement and equipping of
the Federal Building and Ham House and shall
bear interest at a rate not exceeding the max-
imum specified in the attached notice.
That the Clerk is hereby directed to cause
at least one publication to be made of a notice
of the meeting, in a legal newspaper, printed
wholly in the English language, published at
least once weekly, and having general circula-
tion in the City. The publication to be not less
than ten clear days nor more than twenty days
before the date of the public meeting on the
issuance of the Bonds.
The notice of the proposed action to issue
bonds shall be in substantially the [provided]
form.
Passed and approved this 7th day of De-
cember, 2015.
Lynn V. Sutton, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
2. General Obligation Bonds Series
2016BC - Essential Corporate Purpose: City
Manager recommending that a public hearing
be set for December 21, 2015, on the proposi-
tion of selling not to exceed $15,555,000 in
Tax-Exempt General Obligation Bonds, the
proceeds of which will be used to pay costs of
Airport New Terminal improvements, sanitary
sewer improvements, water system improve-
ments, and refund previously issued general
obligation bonds. Upon motion the documents
were received and filed and Resolution No.
421-15 Fixing date for a meeting on the propo-
sition of the issuance of not to exceed
$15,555,000 General Obligation Bonds of the
City of Dubuque, State of Iowa (for Essential
Corporate Purposes), and providing for publi-
cation of notice thereof was adopted setting a
public hearing for a meeting to commence at
6:30 p.m. on December 21, 2015 in the Histor-
ic Federal Building.
RESOLUTION NO. 421-15
FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $15,555,000 GENERAL OBLI-
GATION BONDS OF THE CITY OF DUBU-
QUE, STATE OF IOWA (FOR ESSENTIAL
CORPORATE PURPOSES), AND PROVID-
ING FOR PUBLICATION OF NOTICE
THEREOF
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, State of Io-
wa, should issue General Obligation Bonds, to
the amount of not to exceed $15,555,000, as
authorized by Section 384.25, of the Code of
Iowa, for the purpose of providing funds to pay
costs of carrying out essential corporate pur-
pose projects as hereinafter described; and
Whereas, before the Bonds may be issued,
it is necessary to comply with the provisions of
the Code, and to publish a notice of the pro-
posal to issue such bonds and of the time and
place of the meeting at which the Council pro-
poses to take action for the issuance of the
Bonds and to receive oral and/or written objec-
tions from any resident or property owner of
the City to such action.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF CITY OF DUBU-
QUE, STATE OF IOWA:
That this Council meet in the Historic Fed-
eral Building, 350 West 6th Street, Dubuque,
Iowa at 6:30 P.M., on the 21st day of Decem-
ber, 2015, for the purpose of taking action on
the matter of the issuance of not to exceed
$15,555,000 General Obligation Bonds, for
essential corporate purposes, the proceeds of
which bonds will be used to provide funds to
pay the costs of:
a) the opening, widening, extending, grad-
ing, and draining of the right-of-way of
streets, highways, avenues, alleys and
public grounds;
b) the acquisition, construction, reconstruc-
tion, extension, improvement, and
equipping of works and facilities useful
for the collection, treatment, and dis-
posal of sewage and industrial waste in
a sanitary manner and for the collection
and disposal of surface waters and
streams;
c) the reconstruction, extension and im-
provement of an airport owned or oper-
ated by the city;
d) the acquisition, construction, reconstruc-
tion, improvement, repair, and equip-
ping of waterworks, water mains, and
extensions, and real and personal
property, useful for providing potable
water to residents of a city; and
Book 145 Regular Session, December 7, 2015 417
e) settlement, adjustment, renewing, or ex-
tension of any part or all of the legal in-
debtedness of a city, whether evi-
denced by bonds, warrants, or judg-
ments, or the funding or refunding of
the same, whether or not such indebt-
edness was created for a purpose for
which general obligation bonds might
have been issued in the original in-
stance.
To the extent any of the projects or activi-
ties described in this resolution may be rea-
sonably construed to be included in more than
one classification under Division III of Chapter
384 of the Code of Iowa, the Council hereby
elects the "essential corporate purpose" classi-
fication and procedure with respect to each
such project or activity, pursuant to Section
384.28 of the Code of Iowa.
That the Clerk is hereby directed to cause
at least one publication to be made of a notice
of the meeting, in a legal newspaper, printed
wholly in the English language, published at
least once weekly, and having general circula-
tion 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.
The notice of the proposed action to issue
bonds shall be in substantially the [provided]
form.
Passed and approved this 7th day of De-
cember, 2015.
Lynn V. Sutton, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards/Commissions.
1. Mechanical Board: One, 3-year term
through March 16, 2016 (Vacant term of Kelly).
Applicant - Dan Hillary, 3087 Arbor Oaks. Mr.
Hillary spoke in support of his appointment.
2. Mediacom Charitable Foundation: One,
1-year term through December 31, 2016 (Ex-
pired terms of Chavenelle). Applicant - Gail
Chavenelle, 1155 Kelly Lane.
3. Transit Advisory Board: One, 3-year
term through July 30, 2017 (Vacant term of
Stedman). Applicants: Joel Lightcap, 1985 Alta
Vista St., and Dora Serna, 2160 Marion St.
Ms. Serna spoke in support of her appoint-
ment.
4. Zoning Board of Adjustment: One, 5-
year term through March 25, 2020 (Expired
term of Bird). Applicants: Keith Ahlvin, 264 S.
Grandview; and Eugene Bird, 3985 Mount Vail
Ridge. Mr. Ahlvin spoke in support of his ap-
pointment.
ACTION ITEMS
1. Greater Dubuque Development Corpo-
ration - Quarterly Update: GDDC President
and CEO Rick Dickinson provided a verbal
report on the activities of the Greater Dubuque
Development Corporation. Topics included
recognizing the passing of community member
Bob Peacock; thanking out-going Council
Members Braig and Sutton for their service;
meeting or exceeding the NEXT Campaign
goals of job creation; average wage; residen-
tial/commercial construction; and population
growth; Mr. Dickinson responded to questions
related to Access Dubuque Jobs web rede-
sign; talent recruitment efforts; job skills edu-
cation; downtown crime concerns, trends in
economic development and potential budget
savings. Motion by Lynch to receive and file
the information. Seconded by Braig. Motion
carried 6-0.
2. Bee Branch Creek - Basin Overlook &
22nd Street Parking Lot Project Award: City
Manager recommending award of the con-
struction contract for the Bee Branch Creek –
Basin Overlook & 22nd Street Parking Lot Pro-
ject to the low bidder, Portzen Construction,
Inc., subject to Iowa Department of Transpor-
tation approval. Motion by Connors to receive
and file the documents and adopt Resolution
No. 422-15 Awarding the public improvement
contract for the Bee Branch Creek - Basin
Overlook & 22nd Street Parking Lot Project,
Iowa DOT Project No. TAP-U-2100(683)--81-
31. Seconded by Jones. City Manager Van
Milligen and City Engineer Gus Psihoyos re-
sponded to questions regarding providing up-
date reports to the City Council and how IDOT
involvement affects the design and bidding
process. Motion carried 6-0.
RESOLUTION NO. 422-15
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE BEE BRANCH CREEK –
BASIN OVERLOOK & 22ND STREET PARK-
ING LOT PROJECT, IOWA DOT PROJECT
NO. TAP-U-2100(683)--8I-31
Whereas, said sealed proposals were
opened and read by the Iowa Department of
Transportation on the 17th day of November,
2015 and it has been determined that Portzen
Construction, Inc. of Dubuque, Iowa with a bid
in the amount of $1,420,509.10 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 in the amount of $1,420,509.10 is
hereby awarded to Portzen Construction, Inc.,
subject to the concurrence by Iowa Depart-
ment of Transportation, and the City Manager
418 Regular Session, December 7, 2015 Book 145
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 7th day
of December, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
3. Transit Bus Storage Facility Project
Consultant Selection: City Manager recom-
mending approval of the selection of Kueny
Architects to provide architectural design, en-
gineering and construction administration ser-
vices for the City of Dubuque – Transit Bus
Storage Facility Project and provide authority
to negotiate an agreement and execute a con-
tract. Motion by Braig to receive and file the
documents and approve the recommendation.
Seconded by Jones. Transit Manager Can-
dace Eudaley responded to questions regard-
ing the process of using a selection committee
and requirements of the FTA. Motion carried 6-
0.
4. EPA Brownfield Area-Wide Planning
Grant - Service Contract: City Manager rec-
ommending approval to enter into a contract
with Shive Hattery, Inc., for the administration
of the 2015 Environmental Protection Agency
Brownfields Area-Wide Planning Cooperative
Agreement. Motion by Lynch to receive and
file the documents and adopt Resolution No.
423-15 Authorizing the City Manager to nego-
tiate a contract with Shive Hattery, Inc., for
grant administration for the 2015 Environmen-
tal Protection Agency Brownfields Area-Wide
Planning Cooperative Agreement. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 423-15
AUTHORIZING THE CITY MANAGER TO
NEGOTIATE A CONTRACT WITH SHIVE
HATTERY, INC. FOR GRANT ADMINISTRA-
TION FOR THE 2015 ENVIRONMENTAL
PROTECTION AGENCY BROWNFIELDS
AREA-WIDE PLANNING COOPERATIVE
AGREEMENT
Whereas, the City of Dubuque, Iowa has
been awarded $200,000 for an Area-Wide
Planning Grant from the Environmental Protec-
tion Agency as part of a Brownfields Coopera-
tive Agreement; and
Whereas, the City of Dubuque published a
request for proposals for a professional ser-
vices agreement for grant administration; and
Whereas, the City Manager has recom-
mended Shive Hattery, Inc. as the most quali-
fied firm to perform the work outlined in the
request for proposals.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager is hereby
authorized to negotiate a contract for services
with Shive Hattery, Inc. for the administration
of the 2015 Environmental Protection Agency
Brownfields Area-Wide Planning Cooperative
Agreement subject to City Council approval.
Passed, approved, and adopted this 7th
day of December, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
5. 100 Resilient Cities Challenge: City
Manager recommending approval of the City
of Dubuque’s application to the Rockefeller
Foundation’s 100 Resilient Cities Challenge.
Motion by Connors to receive and file the doc-
uments and approved the recommendation.
Seconded by Jones. City Manager Van Milli-
gen responded to questions regarding the def-
inition of resiliency, relation to City Council
goals and the comparison between the resili-
ency officer position required by the grant and
the City’s current sustainability coordinator.
Motion carried 5-1 with Resnick voting nay.
6. Code of Ordinances Amendment - Title
10 Public Ways and Property Permit Require-
ments: City Manager recommending approval
of an ordinance revising Section 10-3D-2 Per-
mit Requirements; Fees, authorizing the City
Manager to establish the fee amounts for ac-
cessibility-related encroachments or en-
croachments that benefit the public. Motion by
Jones to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Lynch. City Manager
Van Milligen responded to questions regarding
similar processes of other cities and the poten-
tial burden on the City Manager or his succes-
sor. Motion carried 6-0.
Motion by Jones for final consideration and
passage of Ordinance No. 73-15 Amending
City of Dubuque Code of Ordinances Title 10
Public Ways and Property, Chapter 3 En-
croachments on Public Places, Article D other
Encroachments, Section 10-3D-2 Permit Re-
quirements; Fees to clarify how fees are set
and for consistency with other codes. Second-
ed by Lynch. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 73-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 3 EN-
CROACHMENTS ON PUBLIC PLACES, AR-
TICLE D OTHER ENCROACHMENTS, SEC-
TION 10-3D-2 PERMIT REQUIREMENTS;
FEES TO CLARIFY HOW FEES ARE SET
Book 145 Regular Session, December 7, 2015 419
AND FOR CONSISTENCY WITH OTHER
CITY CODES
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10-3D-2 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
10-3D-2: PERMIT REQUIREMENTS;
FEES:
A. Permit Required: No person, firm or
corporation shall place and/or maintain any
encroachment not otherwise provided for in
this article in a public place without first obtain-
ing a permit therefor from the city manager
and complying with all applicable local, state
and federal regulations.
B. Application for Permit: Any application
for a permit under this article shall be filed with
the city manager on a form provided by the city
manager.
C. Permit Fees: The applicant shall pay the
permit fee as established by the city manager
for an encroachment at the time of the filing of
an application.
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved, and adopted the 7th day
of December, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
Newspaper on the 11th day of December,
2015.
/s/Kevin S. Firnstahl, City Clerk
7. Code of Ordinances Amendment - Title
2 Housing Commission: City Manager recom-
mending approval of an ordinance that
amends Section 2-5B-5 to reduce the number
of cross representatives to be consistent with
the Housing Trust Fund Advisory Committee.
Motion by Connors to receive and file the doc-
uments and that the requirement that a pro-
posed ordinance be considered and voted on
for passage at two Council meetings prior to
the meeting at which it is to be passed be sus-
pended. Seconded by Resnick. Motion carried
6-0.
Motion by Connors for final consideration
and passage of Ordinance No. 74-15 Amend-
ing City of Dubuque Code of Ordinances Title
2 Boards and Commissions, Chapter 5 Hous-
ing Agency and Community Development
Commissions, Section 2-5B-5 Membership by
reducing the number of cross representatives
to be consistent with the Housing Trust Fund
Advisory Committee. Seconded by Lynch.
Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 74-15
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS, CHAPTER 5 HOUSING
AGENCY AND COMMUNITY DEVELOP-
MENT COMMISSIONS, SECTION 2-5B-5
MEMBERSHIP BY REDUCING THE NUM-
BER OF CROSS-REPRESENTATIVES TO
BE CONSISTENT WITH THE HOUSING
TRUST FUND ADVISORY COMMITTEE
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 2-5B-5 of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
2-5B-5: Membership:
A. The commission comprises ten (10) res-
idents of the city.
B. Residents must be eighteen (18) years
of age or older.
C. Special Qualifications.
1. At least three (3) members must be
selected specifically on the basis of
experience in real estate develop-
ment, banking, finance, accounting,
funds management, or other related
areas of expertise.
2. One (1) member must be a person
who is a recipient of tenant based
rental assistance under Section 8 of
the United States Housing Act of
1937 whose name appears on a
lease of Section 8 property. If such
member ceases to be a recipient of
rental assistance under Section 8,
the term of such member is
deemed terminated and a new
member who meets the require-
ments of this Subsection must be
appointed for the remainder of the
term.
3. One (1) member must be appointed
by the commission, with city council
approval, to serve on the Communi-
ty Development Advisory Commis-
sion.
4. Two (2) members must be appointed
by the commission, with city council
approval, to serve on the Housing
Trust Fund Advisory Committee.
5. The remaining members are at-large
members.
Section 2. This ordinance takes effect upon
publication.
Passed, approved, and adopted the 7th day
of December, 2015.
/s/Lynn V. Sutton, Mayor Pro-Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
420 Special Session, December 14, 2015 Book 145
Published officially in the Telegraph Herald
newspaper on the 11th day of December,
2015.
/s/ Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Council Member Jones reported on the
passing of community member Bob Peacock.
CLOSED SESSION
Motion by Jones to convene in closed ses-
sion at 7:43 p.m. to discuss pending litigation
and property acquisition pursuant to Chapter
21.5(1)(c), -(j) Code of Iowa. Seconded by
Connors. Motion carried 6-0.
Upon motion at 7:59 p.m., the City Council
reconvened in open session stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 8:00 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:00 p.m. on December 14, 2015 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 special session of the City Council called for
the purpose of conducting such business that
may properly come before the City Council.
ACTION ITEMS
1. Interview(s) for City Attorney: Motion by
Jones to receive and file the documents and
conduct an interview with Assistant City Attor-
ney Crenna Brumwell for the position of City
Attorney. Seconded by Connors. Following the
interview Jones restated the motion to receive
and file and appoint Ms. Brumwell to the posi-
tion of City Attorney effective September 2016.
Seconded by Connors. Motion carried 7-0.
2. Acceptance of Deed - Blum Properties,
Inc.: City Manager recommending approval of
a resolution accepting the deed to property
located at 501 E. 15th Street purchase from
Blum Properties, Inc. Motion by Braig to re-
ceive and file the documents and adopt Reso-
lution No. 424-15 Accepting the Deed to cer-
tain real estate owned by Blum Properties,
Inc., in Dubuque County, Iowa. Seconded by
Connors. Motion carried 7-0.
RESOLUTION NO. 424-15
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE OWNED BY BLUM PROPERTIES,
INC. IN DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque, Iowa en-
tered into a Purchase Agreement on February
8, 2013, with Blum Properties, Inc. for the pur-
chase of certain real property in Dubuque
County, legally described as follows:
The north 35 feet of lot 255 in East
Dubuque No. 2, in the City of Dubu-
que, Iowa according to the recorded
Plat thereof; and
Lot 256 and the southerly 15 feet of
lot 255, in East Dubuque No. 2, an
Addition to the City of Dubuque, Iowa
according to the recorded Plat of said
Addition; and
Book 145 Special Session, December 21, 2015 421
Whereas, the terms of the Agreement have
been fulfilled.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts
the Warranty Deed from Blum Properties, Inc.,
attached hereto.
Section 2. The City Clerk is hereby author-
ized and directed to record this Resolution and
the Deed with the Dubuque County Recorder.
Passed, approved and adopted this 14th
day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
There being no further business, upon mo-
tion the City Council adjourned at 5:25 p.m.
/s/Kevin S. Firnstahl, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:15 p.m. on December 21, 2015 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 special session of the City Council called for
the purpose of conducting a work session on
Source of Income Update.
WORK SESSION
SOURCE OF INCOME UPDATE
Housing and Community Development Di-
rectory Alvin Nash and Source of Income
(SOI) Committee Members Laura Carstens,
Planning Services Manager; John Pregler,
Long Range Planning Commission; Patrick
Norton, Zoning Advisory Commission; and
Crenna Brumwell, City Attorney’s Office pre-
sented an update on the SOI Committee’s
work and next steps. Topic included:
• Definition of source of income vs. in-
come
• SOI Committee formation and pur-
pose
• SOI issues and goals
• Composition of the SOI Committee
• SOI Subcommittee (source of income
analysis, housing choice vouch-
er/landlord policy, administrative
analysis and policy
• SOI related definitions: fair housing,
affirmatively furthering fair housing,
affordable housing, and affordable
subsidy
• SOI chart of state and local laws and
proposed legislation
• SOI Committee timeline for 2015 and
2016
A question/answer period with the City
Council followed the presentation.
There being no further business, upon mo-
tion the City Council adjourned at 5:46 p.m.
/s/Kevin S. Firnstahl, CMC City Clerk
422 Regular Session, December 21, 2015 Book 145
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:30 p.m. on December 21, 2015, 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 for
the purpose of conducting such business that
may properly come before the City Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. Dubuque-Area Labor Management
Council (DALMC) Awards: DALMC Executive
Director Kelly Cooper presented the 2015
awards for Great Job Honor Roll to Jule Trans-
it employee Mike Feltes (accepted by Candace
Eudaley-Loeboch) and the Labor-Management
Partnership Award to the City of Dubuque/Jule
Transit and the Teamsters Local 120.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7-0.
1. Minutes and Reports Submitted: City
Council Proceedings of 12/7, 12/14; Civil Ser-
vice Commission of 12/7; Library Board of
Trustees of 10/22, Park and Recreation Com-
mission of 11/10; Zoning Advisory Commission
of 12/2; Proof of Publication of City Council
Proceedings for 11/16; Proof of Publication for
Delinquent Water, Sewer, Refuse & Storm-
water Collection Accounts of 11/20, 11/27.
Upon motion the documents were received
and filed.
2. Notice of Claims and Suits: Duane
Crippes for personal injury; Dean Donath for
vehicle damage; Suit by Joe Zwack for histori-
cal significance jurisdiction. Upon motion the
documents were received, filed and referred to
the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Duane Crippes for personal injury, Dean
Donath for vehicle damage, Donna Moeller for
personal injury. Upon motion the documents
were received, filed and concurred.
4. Compact of Mayors: City Manager
transmitting the December 2015 Compact of
Mayors newsletter Climate Leadership at the
Local Level: Global Impact of the Compact of
Mayors. Upon motion the documents were
received and filed.
5. John F. Kennedy and Wacker Signal
Replacement Project Acceptance: City Man-
ager recommending acceptance of the con-
struction contract for the John F. Kennedy
Road & Wacker Drive Traffic Signal Replace-
ment Project as completed by Portzen Con-
struction, Inc. Upon motion the documents
were received and filed and Resolution No.
425-15 Accepting the John F. Kennedy Road
& Wacker Drive Traffic Signal Replacement
Project and authorizing the payment of the
contract amount to the contractor was adopt-
ed.
RESOLUTION NO. 425-15
ACCEPTING THE JOHN F. KENNEDY ROAD
& WACKER DRIVE TRAFFIC SIGNAL RE-
PLACEMENT PROJECT AND AUTHORIZ-
ING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the John F. Kennedy Road & Wacker Drive
Traffic Signal Replacement Project (the Pro-
ject) has been completed and the City Engi-
neer has examined the work and filed a certifi-
cate stating that the Project has been com-
pleted according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the Re-
construct Signals at JFK/Wacker fund for the
contract amount of $327,580.01 less any re-
tained percentage provided for therein as pro-
vided in Iowa Code chapter 573, and to pay
such retainage only in accordance with the
provisions of Iowa Code chapter 573.
Book 145 Regular Session, December 21, 2015 423
Passed, approved and adopted this 21st
day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE JOHN F. KENNEDY
ROAD & WACKER DRIVE TRAFFIC SIGNAL
REPLACEMENT PROJECT
The undersigned City Engineer of the City of
Dubuque, Iowa hereby certifies that he has
inspected the John F. Kennedy Road & Wack-
er Drive Traffic Signal Replacement Project,
that the Project has been performed in compli-
ance with the terms of the Public Improvement
Contract, and that the total cost of the com-
pleted work is $425,489.87.
Dated this 18th day of December, 2015.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 21st
day of December, 2015.
/s/ Kevin S. Firnstahl, City Clerk
6. Acceptance of John F. Kennedy PCC
Panel Replacement Project between 32nd
Street and NW Arterial: City Manager recom-
mending acceptance of the construction con-
tract for the John F. Kennedy Road PCC Panel
Replacement Project between 32nd Street and
NW Arterial as completed by Eastern Iowa
Excavating & Concrete. Upon motion the doc-
uments were received and filed and Resolution
No. 426-15 Accepting the John F. Kennedy
Road PCC Panel Replacement Project be-
tween 32nd Street and NW Arterial and author-
izing the payment of the contract amount to
the contractor was adopted.
RESOLUTION NO. 426-15
ACCEPTING THE JOHN F. KENNEDY ROAD
PCC PANEL REPLACEMENT PROJECT
BETWEEN 32ND STREET AND NW ARTERI-
AL AND AUTHORIZING THE PAYMENT OF
THE CONTRACT AMOUNT TO THE CON-
TRACTOR
Whereas, the Public Improvement Contract
for the John F. Kennedy Road PCC Panel
Replacement Project between 32nd Street and
NW Arterial (the Project) has been completed
and the City Engineer has examined the work
and filed a certificate stating that the Project
has been completed according to the terms of
the Public Improvement Contract and that the
City Engineer recommends that the Project be
accepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
Concrete Section Repair appropriations for the
contract amount of $17,825.79, less any re-
tained percentage provided for therein as pro-
vided in Iowa Code chapter 573, and to pay
such retainage only in accordance with the
provisions of Iowa Code chapter 573.
Passed, approved and adopted this 21st
day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE JOHN F. KENNEDY
ROAD PCC PANEL REPLACEMENT PRO-
JECT BETWEEN 32ND STREET AND NW
ARTERIAL
The undersigned City Engineer of the City
of Dubuque, Iowa hereby certifies that he has
inspected the John F. Kennedy Road PCC
Panel Replacement Project between 32nd
Street and NW Arterial, that the Project has
been performed in compliance with the terms
of the Public Improvement Contract, and that
the total cost of the completed work is
$17,825.79.
Dated this 18th day of December, 2015.
/s/ Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 21st
day of December, 2015.
Kevin S. Firnstahl, City Clerk
7. Acceptance of Public Improvements -
Sky Blue Estates Subdivision: City Manager
recommending acceptance of the public im-
provements that the developer, EKMLLC, has
recently completed in Sky Blue Estates Subdi-
vision. Upon motion the documents were re-
ceived and filed and Resolution No. 427-15
Accepting public improvements in the Sky Blue
Estate Subdivision in the City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 427-15
ACCEPTING PUBLIC IMPROVEMENTS IN
SKY BLUE ESTATES SUBDIVISION IN THE
CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolution 186-12,
certain public improvements including street
paving with curb, sidewalk ramps, sanitary
sewer main, water main, storm sewers and
catch basins, fiber optics conduit, and street
lighting were installed by the developer of Sky
Blue Estates Subdivision in the City of Dubu-
que, Iowa; and
Whereas, the improvements have been
completed and the City Manager has exam-
ined the work and has filed a certificate stating
that the same has been completed in accord-
ance with the plans approved by the City
Council and in conformance with City specifi-
cations, and has recommended that the im-
provements be accepted by the City Council.
424 Regular Session, December 21, 2015 Book 145
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said public
improvements in Sky Blue Estates Subdivision
be and the same is hereby accepted.
Section 2. That maintenance of said public
improvements shall be the responsibility of the
owners, EKM LLC, for a period of two (2)
years from the date of this resolution.
Passed, approved and adopted this 21st
day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Novelty Iron Works - 4th Amendment to
DA: City Manager recommending approval of
a 4th Amendment to the Novelty Iron Landlord
LLC Development Agreement in order to modi-
fy the parking arrangement by deleting Section
3.1 in its entirety. Upon motion the documents
were received and filed and Resolution No.
428-15 Approving the 4th Amendment to the
Development Agreement between the City of
Dubuque, Iowa and Novelty Iron Landlord,
LLC was adopted.
RESOLUTION NO. 428-15
APPROVING THE FOURTH AMENDMENT
TO THE DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND NOVELTY IRON LANDLORD, LLC
Whereas the City of Dubuque, Iowa (City)
and Warehouse Trust, LLC (Developer) en-
tered into a Development Agreement dated for
reference purposes the 17th day of June, 2013
which Development Agreement was assigned
to Novelty Iron Landlord LLC the 5th day of
August, 2013; and
Whereas City and Developer now desire to
amend the Development Agreement as set
forth in the Fourth Amendment to Develop-
ment Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby ap-
proves the Fourth Amendment to Development
Agreement.
Section 2. The Mayor is authorized and di-
rected to sign the Fourth Amendment to De-
velopment Agreement on behalf of the City of
Dubuque.
Passed, approved and adopted this 21st
day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. First Amendment to Development
Agreement for 253 Main Street: City Manager
recommending approval of the First Amend-
ment to Development Agreement with Kenneth
Oberbroeckling for redevelopment of 253 Main
Street to extend the completion date to March
1, 2016. Upon motion the documents were
received and filed and Resolution No. 429-15
Approving the First Amendment to the Devel-
opment Agreement between the City of Dubu-
que, Iowa and Kenneth Oberbroeckling was
adopted.
RESOLUTION NO. 429-15
APPROVING THE FIRST AMENDMENT TO
THE DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND KENNETH OBERBROECKLING
Whereas the City of Dubuque, Iowa (City)
and Kenneth Oberbroeckling (Developer) en-
tered into a Development Agreement dated for
reference purposes the 6th day of April, 2015
for the redevelopment of the property at 253
Main Street; and
Whereas City and Developer now desire to
amend the Development Agreement as set
forth in the First Amendment to Development
Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby ap-
proves the First Amendment to Development
Agreement.
Section 2. The Mayor is authorized and di-
rected to sign the First Amendment to Devel-
opment Agreement on behalf of the City of
Dubuque.
Passed, approved and adopted this 21st
day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Restrictive Covenant for 2300 Jackson
Street: City Manager recommending approval
of a Resolution attaching a Restrictive Cove-
nant to the property at 2300 Jackson Street
requiring owner-occupancy for a 21-year peri-
od. Upon motion the documents were received
and filed and Resolution No. 430-15 Attaching
a Single-Family, Owner-Occupied Residence
Restrictive Covenant to 2300 Jackson Street,
Dubuque, Iowa was adopted.
RESOLUTION NO. 430-15
ATTACHING SINGLE FAMILY OWNER-
OCCUPIED RESIDENCE RESTRICTIVE
COVENANT, TO 2300 JACKSON STREET,
DUBUQUE, IA
Whereas, The City desires to attach re-
strictive covenants to 2300 Jackson Street
prior to disposal of said property; and
Whereas, the City intends to dispose of
said property in the near future and the City
desires said property to be owner-occupied for
a period of twenty one years after the sale.
Book 145 Regular Session, December 21, 2015 425
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 approves the restrictive covenants
for 2300 Jackson Street, legally described as:
Lot 2 of Lot 63 in L.H. Langworthy’s Addi-
tion in the City of Dubuque, Iowa accord-
ing to the recorded plat thereof – 2300
Jackson Street
Section 2. The Mayor is hereby authorized
and directed to sign this Resolution and the
Restrictive Covenant for the above described
real estate.
Section 3. The City is Clerk is hereby au-
thorized and directed to provide a certified
copy of this Resolution to the City Attorney’s
Office for recording in the Office of the Dubu-
que County Recorder.
Passed, approved and adopted this 21st
day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Platting of City Property in Dubuque
Industrial Center South: City Manager recom-
mending approval of the Plat of Survey for Lot
1 and 2 of Dubuque Industrial Center South
Second Addition in the City of Dubuque in or-
der to create two new lots to be marketed for
potential development. Upon motion the doc-
uments were received and filed and Resolution
No. 431-15 Approving Plat of Survey of Dubu-
que Industrial Center South Second Addition in
the City of Dubuque, Dubuque County, Iowa
was adopted.
RESOLUTION NO. 431-15
APPROVING PLAT OF SURVEY OF DUBU-
QUE INDUSTRIAL CENTER SOUTH SEC-
OND ADDITION IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa a
plat dated the 16th day of December, 2015,
prepared by IIW, P.C., dividing Lot 1 Dubuque
Industrial Center South First Addition, to be
hereinafter known as Lot 1 and 2 of Dubuque
Industrial Center South Second Addition 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 16th day
of December, 2015, prepared by IIW, P.C.
relative to the real estate hereinabove de-
scribed 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 21st
day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Plat of Survey for Dolter Place No. 2:
Zoning Advisory Commission recommending
approval of the Plat of Survey for Dolter Place
No. 2 subject to waiving the lot area for Lot 1.
Upon motion the documents were received
and filed and Resolution No. 432-15 Approving
the Plat of Survey for Dolter Place No. 2 in the
City of Dubuque, Iowa was adopted.
RESOLUTION NO. 432-15
APPROVING THE PLAT OF SURVEY
DOLTER PLACE #2 IN CITY OF DUBUQUE,
IOWA
Whereas, there has been filed with the City
Clerk a Plat of Survey Dolter Place #2 in the
city of Dubuque, Iowa; and
Whereas, said Plat of Survey provides
2,419 square feet of lot area for Lot 1, where
2,500 feet of lot area is required by Section 11-
14 of Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been ex-
amined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been ex-
amined by the City Council and they find that it
conforms to the statutes and ordinances relat-
ing 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, Uni-
fied Development Code, is waived to allow
2,419 square feet of lot area for Lot 1.
Section 2. That the Plat of Survey Dolter
Place #2 is hereby approved and the Mayor
and City Clerk are hereby authorized and di-
rected to endorse the approval of the City of
Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 21st
day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Pre-Annexation Agreement – Ober-
broeckling: City Manager recommending ap-
proval of a Pre-Annexation Agreement with
Richard A. Oberbroeckling and Ronald L.
Oberbroeckling for property located adjacent
to the City of Dubuque corporate city limits and
as established by the City’s Fringe Area De-
velopment Standards of the Unified Develop-
426 Regular Session, December 21, 2015 Book 145
ment Code. Upon motion the documents were
received and filed and Resolution No. 433-15
Approving a Pre-Annexation Agreement be-
tween the City of Dubuque, Iowa and Richard
A. Oberbroeckling and Ronald L. Oberbroeck-
ling was adopted.
RESOLUTION NO. 433-15
APPROVING A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND RICHARD A.
OBERBROECKLING AND RONALD L.
OBERBROECKLING
Whereas, Richard A Oberbroeckling and
Ronald L. Oberbroeckling, the owners of the
following described property in Dubuque
County, Iowa (the Property) have submitted to
the City Council of the City of Dubuque an
application for voluntary annexation of the
Property to the City of Dubuque:
Lot 1 of the Northeast Quarter of the
Southeast Quarter of Section 8, Town-
ship 88 North, Range 2 East of the 5th
P.M., Dubuque County, Iowa; and
Whereas, Richard A Oberbroeckling and
Ronald L. Oberbroeckling, have entered into a
Pre-annexation Agreement with the City of
Dubuque a copy of which is attached hereto
governing the future annexation of the Proper-
ty; and
Whereas, the Property is not subject to an
existing annexation moratorium; and
Whereas, the Property does not include
any state or railroad property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
Dubuque County, Iowa and the extension of
city limits by voluntary annexation; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Dubuque, and will promote efficient and cost
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement
by and between Richard A Oberbroeckling and
Ronald L. Oberbroeckling and the City of
Dubuque is hereby approved.
Passed, approved and adopted this 21st
day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Pre-Annexation Agreement - City of
Dubuque: City Manager recommending ap-
proval of pre-annexation agreements and cov-
enants for the City-owned well and lagoon
parcels in the Twin Ridge Subdivision in Key
West. Upon motion the documents were re-
ceived and filed and Resolution No. 434-15
Approving a Pre-Annexation Agreement by the
City of Dubuque, Iowa (Lot 2, Lot B); and Res-
olution No. 435-15 Approving a Pre-
Annexation Agreement by the City of Dubu-
que, Iowa (Lot 18) were adopted.
RESOLUTION NO. 434-15
APPROVING A PRE - ANNEXATION
AGREEMENT BY THE CITY OF DUBUQUE,
IOWA
Whereas, the City of Dubuque, the owner
of the following described property in Dubuque
County, Iowa (the Property) has submitted to
the City Council of the City of Dubuque an
application for voluntary annexation of the
Property to the City of Dubuque:
that part of Lot 2 of Lot 1 of the South
West ¼ of the South West ¼, Section 12,
Township 88 North, Range 2 East of the
5th P.M., Dubuque County, Iowa, accord-
ing to the recorded Plat thereof, as de-
scribed in Warranty Deed, Instrument
#4273-72; and
Lot B of Twin Ridge Subdivision No. 5,
Dubuque County, Iowa, according to the
recorded Plat thereof; and
Whereas, the City of Dubuque has entered
into a Pre-Annexation Agreement, a copy of
which is attached hereto governing the future
annexation of the Property; and
Whereas, the Property is not subject to an
existing annexation moratorium; and
Whereas, the Property does not include
any state or railroad property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
Dubuque County, Iowa and the extension of
city limits by voluntary annexation; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Dubuque, and will promote efficient and cost
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement
by the City of Dubuque is hereby approved.
Passed, approved and adopted this 21st
day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Book 145 Regular Session, December 21, 2015 427
RESOLUTION NO. 435-15
APPROVING A PRE - ANNEXATION
AGREEMENT BY THE CITY OF DUBUQUE,
IOWA
Whereas, the City of Dubuque, the owner
of the following described property in Dubuque
County, Iowa (the Property) has submitted to
the City Council of the City of Dubuque an
application for voluntary annexation of the
Property to the City of Dubuque:
That part of Lot 18 in “Twin Ridge” Sub-
division, in Table Mound Township,
Dubuque County, Iowa, according to the
Plat thereof in Book of Plats #34, page
93, as described in Warranty Deed, In-
strument #748-72 and Correction War-
ranty Deed, Instrument #4272-72, rec-
ords of Dubuque County, Iowa; and
Whereas, the City of Dubuque has entered
into a Pre-annexation Agreement, a copy of
which is attached hereto governing the future
annexation of the Property; and
Whereas, the Property is not subject to an
existing annexation moratorium; and
Whereas, the Property does not include
any state or railroad property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
Dubuque County, Iowa and the extension of
city limits by voluntary annexation; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Dubuque, and will promote efficient and cost
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement
by the City of Dubuque is hereby approved.
Passed, approved and adopted this 21st
day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. PEG Capital Grant Expenditure Re-
quest: City Manager recommending approval
of the Cable TV Commission's request for
funding from the Public, Educational, and
Government (PEG) Capital Grant for Access
Equipment and Facilities for the City of Dubu-
que to install digital encoding equipment for
each PEG channel on the Dubuque system.
Upon motion the documents were received,
filed and approved.
16. Permits Plus Software Upgrade: City
Manager recommending replacement of Per-
mits Plus software with the latest cloud-hosted
web-based solution from Accela. Upon motion
the documents were received, filed and ap-
proved.
17. National League of Cities (NLC) Finan-
cial Inclusion Cohort Application: City Manager
transmitting the National League of Cities
(NLC) Financial Inclusion Cohort application in
partnership with Project HOPE. Upon motion
the documents were received and filed.
18. Water Infrastructure Resiliency Finance
Center: City Manager transmitting correspond-
ence to the Iowa Department of Natural Re-
sources regarding Dubuque volunteering to
participate in the EPA-Funded Water Infra-
structure Resiliency Finance Center pilot pro-
gram. Upon motion the documents were re-
ceived and filed.
19. City Assessor's Office - Notification of
Property Tax Appeals: Correspondence from
City Assessor Rick Engelken advising the City
of four property tax appeals before the Iowa
Property Assessment Board. Upon motion the
documents were received and filed.
20. Civil Service Commission: Civil Service
Commission submitting the re-certified list for
the position of Firefighter. Upon motion the
documents were received, filed and Made a
Matter of Record.
December 7, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Fire Entry was administered on September
26, 2015. We hereby certify that the individuals
listed below have passed this written examina-
tion and the vacancy for this position should be
made from this list and that this list is good for
eighteen (18) months from the above date.
Firefighter
1. Bradley Soat 13. Collin Riley
2. Jeffrey Pregler 14. Joseph Long
3. Robert Reed 15. Amanda Grap
4. Ross Dillavou 16. Christopher Grue
5. Gilbert June 17. Jacob Fiedler
6. Nicky Metz 18. Alexander Miller
7. Scott Brachman 19. Joseph Schmitt
8. Kyle Reinert 20. Jayson Wagner
9. Ryan Wheeler 21. Michael Luksetich
10. William Sullivan 22. Mitchell Nachreiner
11. Jeffrey Schmitt 23. Robert Cole
12. Jeremy Vondal
428 Regular Session, December 21, 2015 Book 145
Respectfully submitted,
/s/ Dan White, Chairperson
Civil Service Commission
21. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Connolly
Construction, Inc., for the 2015 SCADA (Flow
Metering Stations) Manhole Installation Pro-
ject. Upon motion the documents were re-
ceived, filed and approved.
22. Signed Contracts: Amendment #4 to
the Recyclables Processing and Marketing
Agreement between the Dubuque Metropolitan
Area Solid Waste Agency (DMASWA), Dittmer
Recycling and the City of Dubuque. Upon mo-
tion the documents were received and filed.
23. Alcohol License Applications: City
Manager recommending approval of annual
beer, liquor and wine licenses as submitted.
Upon motion the documents were received
and filed and Resolution No. 436-15 Approving
applications for beer, liquor, and/or wine per-
mits, as required by City of Dubuque Code of
Ordinances Title 4 Business and License Reg-
ulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits
was adopted.
RESOLUTION NO. 436-15
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Brazen Open Kitchen Bar, 955 Washington St.
Suite 101, Class C Liquor
Breezwers Pub, 600 Central Ave., Class C
Liquor
Cue Master Billiards, 900 Central Ave., Class
C Liquor (Sunday)
Instant Replay, 1602 Central Ave., Class C
Liquor (Living Qtrs.) (Sunday)
Pizza Hut #4690, 2075 JFK Rd., Class B beer
(Sunday)
Sam's Club #4973, 4400 Asbury Rd., Class E
Liquor, Class B Wine, Class C Beer (Sun-
day)
The Lounge, 481 Locust St., Class C Liquor
(Outdoor)
The Moraco, 1413 Rockdale Rd., Class C liq-
uor (Sunday)
United Auto Workers Local #94, 3450 Central
Ave., Class B Beer, Class B Native Wine
(Sunday)
Passed, approved and adopted this 21st
day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
1. SW Arterial Right of Way Property Ac-
quisition: City Manager recommending the City
Council schedule a public hearing for January
19, 2016, on the intent to commence a public
improvement project and to establish Just
Compensation Valuation (Fair Market Value)
of necessary right-of-way property which the
City intends to acquire or condemn, if required,
for the Southwest Arterial Project. Upon mo-
tion the documents were received and filed
and Resolution No. 437-15 Setting a public
hearing on the intent to commence a public
improvement project for the Southwest Arterial
Project and to acquire agricultural land for the
Project and to establish just compensation
valuation (fair market value) of necessary
right-of-way property which the City intends to
acquire or condemn if required for the South-
west Arterial Project was adopted setting a
public hearing for a meeting to commence at
6:30 p.m. on January 19, 2016 in the Historic
Federal Building.
RESOLUTION NO. 437-15
SETTING A PUBLIC HEARING ON THE IN-
TENT TO COMMENCE A PUBLIC IM-
PROVEMENT PROJECT FOR THE SOUTH-
WEST ARTERIAL PROJECT AND TO AC-
QUIRE AGRICULTURAL LAND FOR THE
PROJECT AND TO ESTABLISH JUST
COMPENSATION VALUATION (FAIR MAR-
KET VALUE) OF NECESSARY RIGHT-OF-
WAY PROPERTY WHICH THE CITY IN-
TENDS TO ACQUIRE OR CONDEMN IF RE-
QUIRED FOR THE SOUTHWEST ARTERIAL
PROJECT
Book 145 Regular Session, December 21, 2015 429
Whereas, Iowa Code § 6B.2A requires an
acquiring agency to provide written notice of a
public hearing to each owner of record of agri-
cultural land that may be the subject of con-
demnation; and
Whereas, the City Council finds that it may
be necessary to acquire or condemn in whole
or in part the following-described property for
the Southwest Arterial Project:
Parcel 104. Lot 1 of Lot 1 of the N ½
of the NE ¼ of Section 6, Township 88
North, Range 2 East of the 5th P.M., ac-
cording to the United States Government
Survey and the recorded plats thereof
subject to highway and easements of
record.
Parcel 105. Lot 2 of the N ½ of the
NE ¼ of Section 6, Township 88 North,
Range 2 East of the 5th P.M., according
to the United States Government Survey
and the recorded plats thereof subject to
highway and easements of record.
Parcel 114. A parcel of land situated
in part of the W ½ of the SW ¼, Lot 1 and
Lot 2 and Lot 3 of Siegert’s Place Fifth
Addition, Lot 2 and Lot 3 of Siegert’s
Second Place, and Lot 2 of Lot 1 of Lot 1
of the E ½ of the NW ¼, all in Section 32,
Township 89 North, Range 2 East of the
5th P.M., being partly in the City of
Dubuque, Iowa except portions of the
above described real estate conveyed to
the State of lowa, according to the United
States Government Survey and the rec-
orded plats thereof, subject to highway
and easements of record; and
Whereas, the owner of the Parcel 104 is
Kluck Partnership; and
Whereas, the owner of the Parcel 105 is
Thomas and David Kluck; and
Whereas, the owner of the Parcel 114 is
William & Janet Siegert; and
Whereas, a public hearing should be set
on the City’s intent to commence a public im-
provement project for the Southwest Arterial
Project and to acquire or condemn, if neces-
sary, Parcels 104, 105 and 114; and
Whereas, notice of the public hearing
should be published and mailed as required by
law to the owners of Parcels 104, 105 and
114.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
The City Clerk is hereby authorized and di-
rected to cause a notice in the form attached
hereto to be mailed to each of the owners and
published as prescribed by Iowa Code § 6B.2A
of a public hearing on the City's intent to com-
mence a public improvement project for the
Southwest Arterial Project and to acquire or
condemn in whole or in part, if necessary, Par-
cels 104, 105 and 114, to be held on the 19th
day of January, 2016, at 6:30 o'clock p.m. in the
Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque,
Iowa.
Passed, approved and adopted this 21st day
of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Application Review
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards/Commissions. Applicant ap-
pointments will be made at the next City
Council meeting.
1. Electrical Code Board: One, 3-year term
through May 21, 2017 (Vacant Electrical back-
ground term of Reiss). Applicant: Zach Dowell,
2055 Winne Ct. Mr. Dowell spoke in support of
his appointment.
Appointments were made to the following
Boards/Commissions
2. Mechanical Board: One, 3-year term
through March16, 2016 (Vacant term of Kelly).
Applicant: Dan Hillary, 3087 Arbor Oaks. Mo-
tion by Jones to appoint Dan Hillary to a 3-year
term through March 16, 2016. Seconded by
Connors. Motion carried 7-0.
3. Mediacom Charitable Foundation: Two,
1-year terms through December 31, 2016 (Ex-
pired terms of Chavenelle and Twining). Mo-
tion by Braig to appoint Gail Chavenelle and
Connie Twining to 1-year terms through De-
cember 31, 2016. Seconded by Resnick. Mo-
tion carried 7-0.
4. Transit Advisory Board: One, 3-year
term through July 30, 2017 (Vacant term of
Stedman). Applicants: Joel Lightcap, 1985 Alta
Vista St.; and Dora Serna, 2160 Marion St.
Upon roll call vote of 7-0, Dora Serna was ap-
pointed to a 3-year term through July 30, 2017.
5. Zoning Board of Adjustment: One, 5-
year term through March 25, 2020 (Expired
term of Bird). Applicants: Keith Ahlvin, 264 S.
Grandview; and Eugene Bird, 3985 Mount Vail
Ridge. Upon roll call vote of 7-0, Keith Ahlvin
was appointed to a 5-year term through March
25, 2020.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the following items.
1. Historic Millwork District PUD Amend-
ment - Northwest Corner of Elm and 11th
Streets: Proof of publication on notice of public
hearing to consider a request from JD & C,
430 Regular Session, December 21, 2015 Book 145
LLC to amend the Historic Millwork District
Planned Unit Development for property located
at the northwest corner of Elm & 11th Streets
to accommodate an off-street parking lot and
the Zoning Advisory Commission recommend-
ing approval. Motion by Lynch 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 Connors. Janice
Roerig-Blong of JD&C spoke in support of the
request. Planning Services Manager Laura
Carstens provided a staff report. Motion car-
ried 7-0.
Motion by Lynch for final consideration and
passage of Ordinance No. 75-15 Amending
Title 16, the Unified Development Code of the
City of Dubuque Code of Ordinances by re-
scinding Ordinances 02-12, 38-13, and 10-15
which established regulations for a PUD
Planned Unit Development District with a
Planned Commercial Designation for the His-
toric Millwork District PUD and now being
amended to allow for the development of a
new parking lot at the northwest corner of 11th
and Elm Streets. Seconded by Connors. Mo-
tion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 75-15
AMENDING TITLE 16, THE UNIFIED DE-
VELOPMENT CODE OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RESCINDING ORDINANCES 02-12, 38-13,
AND 10-15 WHICH ESTABLISHED REGU-
LATIONS FOR A PUD PLANNED UNIT DE-
VELOPMENT DISTRICT WITH A PLANNED
COMMERCIAL DESIGNATION FOR THE
HISTORIC MILLWORK DISTRICT PUD AND
NOW BEING AMENDED TO ALLOW FOR
THE DEVELOPMENT OF A NEW PARKING
LOT AT THE NORTHWEST CORNER OF
11TH AND ELM STREETS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16, the Unified Devel-
opment Code of the City of Dubuque Code of
Ordinances is hereby amended by rescinding
Ordinance 02-12, 38-13, and 10-15 which es-
tablished regulations for a Planned Unit De-
velopment District with a Planned Commercial
District designation for the Historic Millwork
District, and now being amended to allow for
the development of a new parking lot for the
following described property, to wit:
All real property generally located south of
12th Street, east of White Street and west
of Highway 61/151 as highlighted in Exhibit
A, and to the centerline of the adjoining
public right-of-way, all in the City of Dubu-
que, Iowa.
A. Use Regulations.
The following regulations shall apply to
all uses made of land in the above-
described PC Planned Commercial Dis-
trict:
Principal permitted uses: The following
uses are permitted in the Historic Mill-
work District PUD:
1. Places of religious exercise or as-
sembly.
2. Public, private or parochial school
approved by State of Iowa (K-12).
3. Public or private park, golf course, or
similar natural recreation area.
4. Railroad and public or quasi-public
utility, including substation.
5. Residential use.
6. Housing for the elderly and persons
with disabilities (not identified with
(5) above).
7. Noncommercial art gallery.
8. Museum or library.
9. School of private instruction.
10. Private club.
11. General office.
12. Medical office or clinic.
13. Dental or medical lab.
14. Barber or beauty shop.
15. Hotel.
16. Shoe repair.
17. Laundry or drycleaner.
18. Bakery (wholesale or commercial).
19. Retail sales or service.
20. Indoor restaurant.
21. Bar or tavern.
22. Supermarket.
23. Tailoring or alterations.
24. Furniture or home furnishing.
25. Appliance sales or service.
26. Animal hospital or clinic.
27. Laundromat.
28. Furniture upholstery or repair.
29. Artist studio.
30. Photographic studio.
31. Neighborhood shopping center.
32. Business services.
33. Department store.
34. Auditorium or assembly hall.
35. Indoor theater.
36. Bank, savings and loan, or credit
union.
37. Indoor amusement center.
38. Vending or game machine sales
and service.
39. Indoor recreation facility.
40. Mail order house.
41. Printing or publishing.
42. Parking structure.
43. Vocational school.
44. Business or secretarial school.
45. Passenger transfer facility.
46. Warehousing and storage facility.
47. Artisan production shop.
Book 145 Regular Session, December 21, 2015 431
Accessory Uses: The following accessory
uses are permitted in the Historic Millwork
District PUD:
1. Any use customarily incidental and
subordinate to the principal use it
serves.
2. Boiler system in use as part of an in-
dustrial business or use.
3. Outdoor seating as part of an indoor
restaurant, bar or tavern.
Conditional Uses: The following conditional
uses are permitted in the Historic Millwork
District PUD, subject to the provisions of
Article 8 of the Unified Development Code
that establishes requirements for applica-
tion to the Zoning Board of Adjustment for
a conditional use permit, and any other
specific conditions listed below for a condi-
tional use.
1. Drive-in or carry-out restaurant.
2. Drive-up automated bank teller.
3. Vehicle rental.
4. Construction supplies sales and ser-
vice.
5. Contractor shop or yard.
6. Wholesale sale/distributor.
7. Agricultural supply sales.
8. Lumberyard or building materials.
9. Laboratory for research, develop-
ment or engineering, provided that
such use complies with all local,
state, and federal regulations gov-
erning hazardous substances, haz-
ardous conditions, hazardous
wastes, and hazardous materials.
10. Freight transfer facility.
11. Moving or storage facility.
12. Millworking.
13. Manufacture, assembly, repair or
storage of electrical or electronic
products, components or equip-
ment.
14. Manufacture or assembly of musi-
cal instruments; toys; watches or
clocks; medical, dental, optical or
similar scientific instruments; ortho-
pedic or medical appliances; signs
or billboards.
15. Manufacturing, compounding, as-
sembly or treatment of articles or
products from the following sub-
stances: clothing or textiles; rubber,
precious or semiprecious stones or
metals; wood; plastics; paper;
leather; fiber; glass; hair; wax; met-
al; concrete; feathers; fur; cork; and
celluloid or cellulose products.
16. District energy system.
17. Private energy generation facility.
18. Exterior storage.
19. Licensed child care centers, pro-
vided that:
a. Such facility shall supply loading
and unloading spaces so as not
to obstruct public streets or cre-
ate traffic or safety hazards;
b. All licenses have been issued or
have been applied for and are
awaiting the outcome of the
state’s decision; and
c. Such use shall not be located
within the same structure as any
gas station, bar/tavern, auto-
mated gas station or any facility
selling, servicing, repairing, or
renting vehicles.
d. The conditional use applicant
certifies that the premises on
which the licensed child care
center will be located complies
with, and will for so long as the
licensed child care center is so
located, continue to comply with
all local, state and federal regu-
lations governing hazardous
substances, hazardous condi-
tions, hazardous wastes, and
hazardous materials.
e. If the applicant is subject to the
requirements of Section 302 of
the Superfund Amendments and
Reauthorization Act of 1986, as
amended, the Emergency Man-
agement Director shall certify
whether or not the applicant has
submitted a current inventory of
extremely hazardous substanc-
es kept or stored on the premis-
es. If any such extremely haz-
ardous substances are kept or
stored on the premises, the ap-
plicant shall also post in a con-
spicuous place on the premises
a notice indicating a description
of the extremely hazardous
substances, and the physical
and health hazards presented
by such substances.
f. Applicant shall submit an evacua-
tion plan for approval by the
City, both written and drawn,
that details where the children
will go in the event of a hazard-
ous materials incident. The plan
shall include a “house in place”
scenario in which the children
can be kept safely within a room
of the building that has no pene-
tration to the outside (windows,
doors, etc.).
g. Applicant shall submit plans for
approval by the City that indi-
cate the installation of a main
emergency shut-off switch for
the heating, ventilation, and air
432 Regular Session, December 21, 2015 Book 145
conditioning (HVAC) system to
minimize the infiltration risk of
airborne hazardous materials.
B. Lot and Bulk Regulations.
The following bulk regulations shall apply
in the Historic Millwork District PUD, subject to
the provisions of the Unified Development
Code.
1. Setbacks:
a) Front yard = 0 feet
b) Side yard = 0 feet
c) Rear yard = 0 feet
2. Building Height = no maximum.
3. New Construction Transition. New con-
struction on the blocks between 12th
Street and 11th Street should transition
in scale from the Washington Neigh-
borhood to the District PUD.
C. Sign Regulations.
1. The number, size and location of signs
in the Historic Millwork District PUD
shall be regulated in accordance with
Exhibit C and all other applicable regu-
lations of Article 15 of the Unified De-
velopment Code.
2. A comprehensive sign plan is required
as part of the sign permit submittal for
all multi-tenant buildings.
3. Free-standing signs in the District PUD
shall be monument-style signs.
4. The design of signage shall comply with
the Downtown Design Guidelines for
signs. Waiver requests from these
guidelines shall be reviewed by the His-
toric Preservation Commission in ac-
cordance with the provisions of Article
10 of the Unified Development Code.
5. Variance requests from sign require-
ments established in Article 15 of the
Unified Development Code shall be re-
viewed by the Zoning Board of Adjust-
ment in accordance with provisions of
Article 8 of the Unified Development
Code.
Off-premise signs are prohibited in the His-
toric Millwork District PUD.
D. Performance Standards.
Creation of a viable, equitable, and livable
mixed-use neighborhood in the Historic Mill-
work District PUD that includes residential,
retail, office, commercial, and industrial uses
requires both strategy and flexibility for its sus-
tainability. The development and maintenance
of uses in the Historic Millwork District PUD
conceptually should follow the goals, objec-
tives, and recommendations of the Historic
Millwork District Master Plan, incorporated
herein by reference and on file in the Planning
Services Department. The development and
maintenance of uses in the Historic Millwork
District PUD shall be regulated as follows:
1. Conceptual Development Plan
a. Referenced herein as Section 5. De-
velopment Summary of the Historic
Millwork District Master Plan, and
shown on Exhibit B, on file in the
Planning Services Department, and
made a part of this zoning reclassi-
fication by reference as the Con-
ceptual Development Plan for the
Historic Millwork District PUD.
b. It is recognized that minor shifts or
modifications to the general plan
layout may be necessary and com-
patible with the need to acquire
workable street patterns, grades
and usable building sites.
c. The Land Use / Development Pat-
terns depicted in the Historic Mill-
work District Master Plan for ground
floor uses reflect a predominance of
residential uses; however, for Dis-
trict sustainability, these ground
floor uses shall be characterized by
a flexible designation for the Histor-
ic Millwork District PUD Conceptual
Development Plan as shown in Ex-
hibit B.
d. That the Historic Millwork District
PUD Conceptual Development Plan
as shown in Exhibit B is hereby
amended to allow for a surface
parking lot at the northwest corner
of Elm and 11th Streets.
2. Parking Regulations
Off-street parking is not required as
part of the Historic Millwork District PUD.
Off-street parking spaces may be provided
in a building as an accessory use, subject
to review and approval under Building,
Fire, and other applicable City Codes. If a
property owner chooses to provide surface
off-street parking within the District PUD,
the City Council must first approve the re-
quest and the following regulations shall
apply:
a. Parking lot design shall comply with
the Downtown Design Guidelines
for surface parking lots.
b. All vehicle-related features shall be
surfaced with standard or permea-
ble asphalt, concrete, or pavers.
c. Curbing and proper surface drainage
of storm water shall be provided.
d. All parking and loading spaces shall
be delineated on the surfacing ma-
terial by painted stripes or other
permanent means.
e. The size and design of parking
spaces shall be governed by appli-
cable provisions of the Unified De-
velopment Code enforced at the
time of development of the lot.
f. The number, size, design, and loca-
tion of parking spaces designated
Book 145 Regular Session, December 21, 2015 433
for persons with disabilities shall be
according to the local, state, or fed-
eral requirements in effect at the
time of development.
3. Parking Structures. Parking structures
(ramps) are allowed in the Historic
Millwork District PUD subject to City
Council review and the following stand-
ards:
a. Parking structures shall comply with
the Downtown Design Guidelines
for parking facilities.
b. The size and design of parking
spaces shall be governed by appli-
cable provisions of the Unified De-
velopment Code enforced at the
time of development.
c. The number, size, design, and loca-
tion of parking spaces designated
for persons with disabilities shall be
according to the local, state or fed-
eral requirements in effect at the
time of development.
4. Site Lighting
a. Exterior illumination of site features
shall be limited to the illumination of the
following:
i. Parking areas, driveways and
loading facilities.
ii. Pedestrian walkway surfaces and
entrances to building.
iii. Building exterior.
b. Location and Design
i. All exterior lighting luminaries
shall be designed and installed
to shield light from the luminar-
ies at angles above 72-degrees
from vertical.
ii. Fixtures mounted on a building
shall not be positioned higher
than the roofline of the building.
iii. All electrical service lines to
posts and fixtures shall be un-
derground and concealed inside
the posts.
iv. The design of exterior lighting
luminaries shall comply with the
Downtown Design Guidelines
for signs. Waiver requests from
these guidelines shall be re-
viewed by the Historic Preserva-
tion Commission in accordance
with the provisions of Article 10
of the Unified Development
Code.
5. Open Space
It is the intent of these regulations that the
development of open spaces (if provided) shall
reflect a high quality of environmental design.
The following provisions shall apply.
i. Open space plans are required as
part of submittals for site plan
review. Such plans are to in-
clude type, number and size of
proposed plantings, paving and
other open space amenities.
Open space areas shall be de-
signed in compliance with
Downtown Design Guidelines
and the Historic Millwork District
Master Plan.
ii. Within one (1) year following
completion of construction, or by
the date that a building is issued
an occupancy certificate by the
Building Services Department of
the City of Dubuque, whichever
occurs first, required open
space amenities shall be in-
stalled.
6. Stormwater Management
The developer shall be responsible for
providing stormwater management in a means
that is satisfactory to the City Engineer and
consistent with the Historic Millwork District
Master Plan. Sustainable, low impact devel-
opment techniques for stormwater manage-
ment approved by the City Engineer will be
used where feasible. Other applicable regula-
tions also enforced by the City Engineer rela-
tive to stormwater management and drainage
shall apply to the subject property.
7. Exterior Trash Collection Areas
a. The storage of trash and debris shall
be limited to that produced by the
principal permitted use and acces-
sory uses of the lot.
b. All exterior trash collection areas and
the materials contained therein
shall be visually screened from
view. The screening shall be com-
pletely opaque fence, wall or other
feature not exceeding a height of 10
feet measured from the ground lev-
el outside the line of the screen.
Screens built on sloping grades
shall be stepped so that their top
line shall be horizontal. All exterior
entrances to a screened trash area
shall be provided with a gate or
door of similar design to that of the
screen.
c. Exterior trash collection areas shall
comply with the Downtown Design
Guidelines for service areas.
8. Exterior Storage
a. Exterior storage is allowed in the
Historic Millwork PUD District. Exte-
rior storage areas shall comply with
the Downtown Design Guidelines
for service areas.
b. The use of semi-trailers and/or ship-
ping containers for storage is pro-
hibited.
9. Final site development plans shall be
submitted in accordance with provi-
434 Regular Session, December 21, 2015 Book 145
sions of Article 12 and Article 13 of the
Unified Development Code prior to
construction or expansion of any build-
ings, free-standing signs, or parking fa-
cilities. The Downtown Design Guide-
lines shall apply to site development in
the District PUD, and shall take prece-
dence over the Design Standards for
Big Box Retail Uses (over 100,000
square feet) and the Design Standards
for Retail Commercial Uses (over
60,000 square feet) and Regional
Shopping Centers in Article 13 of the
Unified Development Code.
10. Retail uses should be clustered around
each other and adjacent to public
spaces, such as at the intersection of
10th and Washington Streets, in the
Farley & Loetscher and Kirby Buildings
along 7th Street, and in a highly visible
commercial corridor at the east edge of
the District along Elm Street.
11. Land uses should transition from indus-
trial on the south to residential on the
north, with new commercial or mixed
use buildings along the new block to be
created by realigning Elm Street in ac-
cordance with the Historic Millwork Dis-
trict Master Plan.
E. Other Codes and Regulations
1. Service Lines. All electric, telephone,
cable, or other similar utility lines serv-
ing the building and other site features
shall be located underground, where
feasible.
2. These regulations do not relieve the
owner from other applicable city, coun-
ty, state or federal codes, regulations,
laws and other controls relative to the
planning, construction, operation and
management of property within the city
of Dubuque.
F. Transfer of Ownership
Transfer of ownership or lease of property
in the Historic Millwork District PUD shall in-
clude in the transfer or lease agreement a pro-
vision that the purchaser or lessee acknowl-
edges awareness of the conditions authorizing
the establishment of the District PUD.
G. Recording
A copy of this PUD Ordinance shall be
recorded, at the expense of the City of Dubu-
que, with the Dubuque County Recorder as a
permanent record of the conditions accepted
as part of this reclassification approval. This
ordinance shall be binding upon the under-
signed and his/her heirs, successors and as-
signs.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. The foregoing amendment shall
take effect upon publication, as provided by
law.
Passed, approved and adopted this 21st
day of December, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 25th day of December,
2015.
/s/Kevin S. Firnstahl, City Clerk
2. Request to Rezone - 2222 Queen Street
(former Sacred Heart School): Proof of publi-
cation on notice of public hearing to consider a
request by Cohen-Esrey Affordable Partners to
rezone property located at 2222 Queen Street
from R-2A Alternate Two-Family Residential
District to OR Office Residential District and
the Zoning Advisory Commission recommend-
ing approval. Motion by Connors to receive
and file the documents and that the require-
ment that a proposed ordinance be considered
and voted on for passage at two Council meet-
ings prior to the meeting at which it is to be
passed be suspended. Seconded by Lynch.
Brian Sweeney of Cohen Esrey spoke in sup-
port of the request and responded to questions
from the City Council. Planning Services Man-
ager Laura Carstens provided a staff report.
Motion carried 7-0.
Motion by Connors for final consideration
and passage of Ordinance No. 76-15 Amend-
ing Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by
reclassifying hereinafter described property
located at 2222 Queen Street from R-2A Alter-
nate Two-Family Residential District to OR
Office Residential District. Seconded by Braig.
Motion carried 7-0.
OFFICIAL PUBLICATIOL
ORDINANCE NO. 76-15
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 2222 QUEEN
STREET FROM R-2A ALTERNATE TWO-
FAMILY RESIDENTIAL DISTRICT TO OR
OFFICE RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter–described property from
R-2A Alternate Two-Family Residential District
to OR Office Residential District, to wit:
Lot 31-34 Inclusive of Sanford’s Subdivi-
sion, and to the centerline of the adjoin-
Book 145 Regular Session, December 21, 2015 435
ing public right-of-way, all in the City of
Dubuque, Iowa.
Section 2. That the foregoing amendment
has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publication as provided by
law.
Passed, approved and adopted this 21st
day of December, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 25th day of December,
2015.
/s/Kevin S. Firnstahl, City Clerk
3. General Obligation Bonds Series
2016BC - Essential Corporate Purpose: Proof
of publication on notice of public hearing to
approve the suggested proceedings for the
public hearing on the issuance of General Ob-
ligation Bonds Series 2016BC and the City
Manager recommending approval. Motion by
Jones to receive and file the documents and
adopt Resolution No. 438-15 Instituting pro-
ceedings to take additional action for the issu-
ance of not to exceed $15,555,000 General
Obligation Bonds. Seconded by Connors. Re-
sponding to questions from Council Member
Resnick, the City Manager Van Milligen re-
viewed the handout included in the agenda
that addressed city debt and the top 10 city
projects that utilize debt issuance. Council
Member Resnick suggested that the City
Council demonstrate a commitment to debt
reduction by considering a policy of 50% debt
reduction by 2030 or for possible discussion at
a later date. Mayor Buol and Council Members
Connors and Jones stated that the City has a
debt repayment stream and such a stringent
policy would not allow flexibility for projects
already in progress or unforeseen catastro-
phes. Motion carried 7-0.
RESOLUTION NO. 438-15
INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE
OF NOT TO EXCEED $15,555,000 GEN-
ERAL 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 issuance of not
to exceed $15,555,000 General Obligation
Bonds, for the essential corporate purposes, in
order to provide funds to pay the costs of:
a) the opening, widening, extending, grad-
ing, and draining of the right-of-way of
streets, highways, avenues, alleys and
public grounds; and
b) the acquisition, construction, reconstruc-
tion, extension, improvement, and
equipping of works and facilities useful
for the collection, treatment, and dis-
posal of sewage and industrial waste in
a sanitary manner and for the collection
and disposal of surface waters and
streams; and
c) the reconstruction, extension and im-
provement of an airport owned or oper-
ated by the city; and
d) the acquisition, construction, reconstruc-
tion, improvement, repair, and equip-
ping of waterworks, water mains, and
extensions, and real and personal
property, useful for providing potable
water to residents of a city; and
e) settlement, adjustment, renewing, or ex-
tension of any part or all of the legal in-
debtedness of a city, whether evi-
denced by bonds, warrants, or judg-
ments, or the funding or refunding of
the same, whether or not such indebt-
edness was created for a purpose for
which general obligation bonds might
have been issued in the original in-
stance, and has considered the extent
of objections received from residents or
property owners as to the proposed is-
suance of Bonds; and following action
is now considered to be in the best in-
terests of the City and residents there-
of.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
That this Council does hereby institute pro-
ceedings and take additional action for the
authorization and issuance in the manner re-
quired by law of not to exceed $15,555,000
General Obligation Bonds, for the foregoing
essential corporate purposes.
This Resolution shall serve as a declara-
tion of official intent under Treasury Regulation
1.150-2 and shall be maintained on file as a
public record of such intent. It is reasonably
expected that the general fund moneys may
be advanced from time to time for capital ex-
penditures which are to be paid from the pro-
ceeds of the above Bonds. The amounts so
advanced shall be reimbursed from the pro-
ceeds of the Bonds not later than eighteen
months after the initial payment of the capital
expenditures or eighteen months after the
property is placed in service. Such advance-
ments shall not exceed the amount authorized
in this Resolution unless the same are for pre-
liminary expenditures or unless another decla-
ration of intention is adopted.
Passed and approved this 21st day of De-
cember, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
436 Regular Session, December 21, 2015 Book 145
4. General Obligation Bonds Series
2016ABC - General Corporate Purpose: Proof
of publication on notice of public hearing to
consider approval of the suggested proceed-
ings for the public hearing on the issuance on
the issuance of not to exceed $505,000 in Tax-
Exempt General Obligation Bonds Series
2016ABC and the City Manager recommend-
ing approval. Motion by Braig to receive and
file the documents and adopt Resolution No.
439-15 Instituting the proceedings to take ad-
ditional action for the issuance of not to ex-
ceed $505,000 General Obligation Bonds.
Seconded by Connors. Motion carried 6-1 with
Resnick voting nay.
RESOLUTION NO. 439-15
INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE
OF NOT TO EXCEED $505,000 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 issuance of not
to exceed $505,000 General Obligation Bonds,
for the general corporate purposes, in order to
provide funds to pay the costs of improvement
and equipping of the Federal Building and
Ham House, and has considered the extent of
objections received from residents or property
owners as to the proposed issuance of Bonds;
and no petition was filed calling for a referen-
dum 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, STATE OF IOWA:
That this Council does hereby institute pro-
ceedings and take additional action for the
authorization and issuance in the manner re-
quired by law of not to exceed $505,000 Gen-
eral Obligation Bonds, for the foregoing gen-
eral corporate purposes.
This Resolution shall serve as a declara-
tion of official intent under Treasury Regulation
1.150-2 and shall be maintained on file as a
public record of such intent. It is reasonably
expected that the general fund moneys may
be advanced from time to time for capital ex-
penditures which are to be paid from the pro-
ceeds of the above Bonds. The amounts so
advanced shall be reimbursed from the pro-
ceeds of the Bonds not later than eighteen
months after the initial payment of the capital
expenditures or eighteen months after the
property is placed in service. Such advance-
ments shall not exceed the amount authorized
in this Resolution unless the same are for pre-
liminary expenditures or unless another decla-
ration of intention is adopted.
Passed and approved this 21st day of De-
cember, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
1. Request to Address Council from the Al-
ternative Learning Center Students: Request
from the students of the Alternative Learning
Center to address the City Council regarding
what they have learned this semester about
Sustainable Dubuque. Motion by Jones to re-
ceive and file the information and listen to the
presentaetion. Seconded by Braig. Sustaina-
bility Coordinator Cori Burbach introduced Tim
Hitzler of the Alternative Learning Center and
Global Science students Evelyn Rose-
Tolstedt, Wade Murphy Kissling, Dillon Thill,
and Steffon Baldwin who provided the City
Council with a handout and presented facts,
pros and cons, and survey results related to
glass recycling. A question and answer period
with the City Council followed the presentation.
Motion carried 7-0.
2. Name Change Proposal - Multicultural
Family Center Building (Tabled from 9/21/15):
Correspondence from the Multicultural Family
Center Board President John Stewart support-
ing the renaming of 1157 Central Avenue to
the "Ruby Sutton Building." City Manager
submitting information on potential costs relat-
ed to the proposed name change. Motion by
Sutton to remove from the table. Seconded by
Braig. Motion carried 7-0. Motion by Sutton to
receive and file the documents and rename
the building at 1157 Central Avenue as the
“Ruby Sutton Building.” Seconded by Braig.
Motion carried 7-0.
3. Human Rights Commission Recommen-
dations on Criminal Justice: Human Rights
Commission submitting its recommendations
on criminal justice. Motion by Jones to receive
and file the documents. Seconded by Connors.
The City Council specifically discussed the
proposed topic of banning the check box on
job applications that indicates the applicant
has had a felony conviction and questioned
the City’s authority in becoming involved in the
hiring practices of private business. Motion
carried 6-1 with Lynch voting nay.
4. Poison Free Parks Information and Call
to Action: City Manager recommending the
formation of a City Work Group to draft an
Integrated Pest Management Plan for the city
to be presented to the City Council for approv-
al by July 1, 2015. It is also recommended that
Book 145 Regular Session, December 21, 2015 437
the Park and Recreation Commission as well
as the Environmental Stewardship Advisory
Commission appoint one representative each
to the work group in addition to a member of
the Dubuque Poison Free Parks group. Re-
stated motion by Connors to receive and file
the documents, approve the recommendation
and that the additional appointment from the
Dubuque Poison Free Parks group be a resi-
dent of the city. Seconded by Braig. Motion
carried 7-0.
5. Donation Requests and Bench Agree-
ments for 2 New Benches on Riverwalk: City
Manager transmitting two agreements for ap-
proval by the City Council for two new memo-
rial benches on the Riverwalk. Motion by
Jones to receive and file the documents and
approve the recommendation. Seconded by
Lynch. Motion carried 7-0.
6. Bee Branch Creek Restoration Project
Property Acquisition - 2496 Washington Street:
City Manager recommending the City Council
establish the fair market value of the property
owned by Morrison Brothers on Washington
Street between E. 24th Street and E. 25th
Street, authorize the City Manager to begin
negotiations to acquire the property required
for the Bee Branch Creek Restoration Project,
and approve authorization to acquire the prop-
erty through eminent domain proceedings
should negotiations fail. Motion by Jones to
receive and file the documents and adopt
Resolution No. 440-15 Establishing the fair
market value and authorizing the acquisition
by Eminent Domain of Certain Real Property
owned by Morrison Brothers in the City of
Dubuque, Iowa. Seconded by Connors. Motion
carried 7-0.
RESOLUTION NO. 440-15
ESTABLISHING THE FAIR MARKET VALUE
AND AUTHORIZING THE ACQUISITION BY
EMINENT DOMAIN OF CERTAIN REAL
PROPERTY OWNED BY MORRISON
BROTHERS IN THE CITY OF DUBUQUE,
IOWA
Whereas, the City of Dubuque (City) in-
tends to acquire certain real property owned
by Morrison Brothers (Owner), at 2496 Wash-
ington Street and six lots along the same block
legally described as follows (the Property):
Lots 13, 14, 15, 16, 17, N. ½ 18 and 20
of O. S. Langworthy’s Addition, all in the
City of Dubuque, Dubuque County, Iowa
for the purpose of expanding the limits
and function of a City park, Comiskey
Park; and
Whereas, Iowa law requires that City must
make a good faith effort to negotiate with the
Owner to purchase the Property before pro-
ceeding with condemnation; and
Whereas, City has caused an appraisal of
the property to be made and the appraised
value of the property is $98,000.00; and
Whereas, the City Council now desires to
establish the fair market value of the property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The fair market value of the
Property is hereby established to be
$98,000.00.
Section 2. The City Manager is hereby au-
thorized to commence negotiations with the
Owner of the Property and any other interest-
ed parties for the purchase of the Property for
a purchase price which is not less than the fair
market value established by this resolution.
Section 3. The City Manager is hereby au-
thorized to commence proceedings for the
acquisition of the Property by eminent domain
should negotiations fail.
Passed, approved and adopted this 21st
day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. J. Thomas Zaber vs. City of Dubuque -
Franchise Fees Litigation: City Manager rec-
ommending that the Mayor and City Council
designate any remaining funds following distri-
bution from the Settlement Fund from J.
Thomas Zaber vs. City of Dubuque franchise
fee litigation be used to reduce the principal of
the Judgment Bond. Motion by Jones to re-
ceive and file the documents and adopt Reso-
lution No. 441-15 Providing that any unclaimed
funds in the escrow account from the Fran-
chise Fee Class Action Settlement in Zaber V.
City of Dubuque be used for payment of the
Judgment Bond. Seconded by Braig. Motion
carried 7-0.
RESOLUTION NO. 441-15
PROVIDING THAT ANY UNCLAIMED
FUNDS IN THE ESCROW ACCOUNT FROM
THE FRANCHISE FEE CLASS ACTION
SETTLEMENT IN ZABER V. CITY OF
DUBUQUE BE USED FOR PAYMENT OF
THE JUDGMENT BOND
Whereas, the City of Dubuque, Iowa and J.
Thomas Zaber entered into a Settlement
Agreement on behalf of the class of all per-
sons who were gas and electric customers
who paid franchise fees to Interstate Power
Company (Alliant Energy Company), Peoples
Natural Gas (Aquila, Black Hills Corporation)
and Maquoketa Valley Electric Cooperative for
the period between September 5, 2001 and
May 25, 2009; and
Whereas, the Settlement Agreement was
approved by the Iowa District Court for Dubu-
que County on August 28, 2015; and
438 Regular Session, December 21, 2015 Book 145
Whereas, the Settlement Agreement re-
quires the City to cause to be paid into an Es-
crow Account as the Settlement Fund the sum
of $2,600,000 for distribution of refunds of
franchise fees to gas and electric customers;
and
Whereas in order to fund the Settlement
Fund the City will issue a judgment bond; and
Whereas, in the event that there are funds
remaining in the Settlement Fund after all dis-
tributions and all other costs required to be
paid out of the Settlement Fund and such
funds are ordered returned to the City by the
Court, the City Council desires to state its in-
tent with respect to such funds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby de-
clares that in the event there are funds remain-
ing in the Settlement Fund after all distribu-
tions and all other costs required to be paid out
of the Settlement Fund and such funds are
ordered returned to the City by the Court, the
City Council will use all such funds to reduce
the principal of the judgment bond issued to
fund the Settlement Fund.
Passed, approved and adopted this 21st
day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Wisconsin Independent Network, LLC
(WIN) Co-location and Shared Services
Agreement: City Manager recommending ap-
proval of a Co-Location and Shared Services
Agreement between the City of Dubuque and
Wisconsin Independent Network, LLC. Motion
by Lynch to receive and file the documents
and approve the recommendation. Seconded
by Connors. Motion carried 7-0.
9. Request for Work Session - Dubuque
Area Convention and Visitors Bureau: City
Manager requesting approval to schedule a
work session on February 15, 2016, at 5:15
p.m. with the Dubuque Area Convention and
Visitors Bureau. Motion by Jones to receive
and file the documents and schedule the work
session as recommended. Seconded by Con-
nors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Members Braig and Sutton
thanked the citizens of the City of Dubuque,
City staff and fellow Council Members for their
support through the years as they come to the
end of their elected terms.
Mayor Buol reported on the 2015 COP21
climate conference in Paris, France, during the
week of December 7, 2015 where he present-
ed on Dubuque’s Water & Resource Recovery
Center, Historic Millwork District and the Bee
Branch Creek Restoration Project.
There being no further business, upon mo-
tion the City Council adjourned at 8:20 p.m.
/s/Kevin S. Firnstahl, CMC City Clerk
Book 145 INDEX 439
A
A-1 Taxi ............................................................................................................................................................ 18, 32
Abstract of Votes - 2015 General Election ........................................................................................................... 405
Accela Software ................................................................................................................................................... 427
Acceptance of Deed
1610 Loras Blvd. – William and Kathleen Jester .............................................................................................. 301
2056 Washington Street – Jesseca L. Zuber ....................................................................................................... 33
501 E. 15th Street – Blum Properties, Inc. ........................................................................................................ 420
Parcel 195 - O'Rourke Farm, LLC ...................................................................................................................... 158
Part of Twin Ridge Water Inc. – Grace M. Mueller Revocable Family Trust and Raymond M. Mueller
Irrevocable Family Trust .............................................................................................................................. 390
Acchinelli, Steve ..................................................................................................................................................... 42
ACE Construction ......................................................................................................................................... 263, 334
Action Plans ...................................................................................... 22, 43, 107, 180, 205, 265, 270, 282, 411, 414
Community Development Block Grant (CDBG) Amendment ........................................................................... 414
Voluntary Compliance Agreement (VCA) ......................................................................................................... 180
Adams, Greg ................................................................................................................................................ 109, 110
Adobo's Mexican Grill .......................................................................................................................................... 212
Advance of Funds
Dubuque Industrial Center West (TIF) District ................................................................................................. 240
North Cascade Road Housing (TIF) District ...................................................................................................... 241
Technology Park (TIF) District .......................................................................................................................... 240
Adventures Day Camp ........................................................................................................................................... 67
AECOM Technical Services, Inc. ........................................................................................................................... 413
Agreement
Alternative Services Concepts, LLC .................................................................................................................. 346
Arts and Culture Master Plan - Consultant ...................................................................................................... 124
Assignment & Assumption - Cottingham & Butler, Inc. ................................................................................... 342
Black Hills Energy - Gas Pipeline Relocation Reimbursement ............................................................................ 93
Brownfields Assessment Cooperative - Amendment ...................................................................................... 258
Derby Grange, LLC ........................................................................................................................................... 399
Drug Abuse Resistance Education (DARE) Program ......................................................................................... 346
Dubuque Board of Realtors ............................................................................................................................... 46
Dubuque Community School District ................................................................................................................. 32
Dubuque Industrial Center Economic Development District - Agricultural Land Area .................................... 124
Eagle Point Energy Power Purchase Agreement Reinstatement ..................................................................... 120
East Dubuque Savings Bank - 911 High Bluff Street ......................................................................................... 376
Eide Bailly - Audit Engagement ........................................................................................................................ 184
Employer Mandate Reporting Services ............................................................................................................ 393
ESI Employer Participation ............................................................................................................................... 271
Flora and Sutton Swimming Pool - Concessions .............................................................................................. 108
Hillcrest Family Services ................................................................................................................................... 322
Holy Family School District – (DARE)................................................................................................................ 412
Iowa Department of Transportation (IDOT) - Title VI Assurances and Title VI Non-discrimination ................. 390
Iowa National Guard Usage ............................................................................................................................. 154
Iowa Scenic Byways Jurisdiction ...................................................................................................................... 412
ITC Midwest, LLC- Easement ............................................................................................................................ 254
Lower Main Development, LLC - Subordination .............................................................................................. 123
Multicultural Family Center ............................................................................................................................. 108
North Cascade Road Developers, LLC .............................................................................................................. 107
Pier Pressure Marine IA., Inc. - Collateral Assignment of Lease....................................................................... 124
Premier Bank Intercreditor .............................................................................................................................. 121
River Boat Bench ................................................................................................................................................ 18
School Resource Officer ................................................................................................................................... 346
State Flood Mitigation Board - Amendment .................................................................................................... 302
Traffic Safety Improvement ............................................................................................................................... 32
440 INDEX Book 145
Tristate Occupational Health - Amendment .................................................................................................... 323
Wisconsin Independent Network, LLC (WIN)................................................................................................... 438
AHIP IA Dubuque Properties LLC. ........................................................................................................................ 210
Ahler, Brandon ....................................................................................................................................................... 65
Ahlvin, Keith ................................................................................................................................................. 417, 429
Ainley Kennels & Fabrication, Inc. et al. v. City of Dubuque ................................................................................ 255
Airport ....................................................................................................................... See Dubuque Regional Airport
Aitken-Shadle, Gisella - Northeast Iowa Community College (NICC) ................................................................... 388
Aldi Inc.
Alcohol Violation.................................................................................................................................................. 8
Liquor License .................................................................................................................................................. 348
Alexander, Shanita ....................................................................................................................................... 106, 107
Alice Wolf vs. City of Dubuque ............................................................................................................................ 304
All That Jazz ......................................................................................................................................................... 159
Allen, Anthony ......................................................................................................................................................... 9
Alliance Technologies, Inc .................................................................................................................................... 146
Allred, Angela .................................................................................................................................................. 76, 99
Almost Home at St. John’s ................................................................................................................................... 257
Al-Qady, Aiman ...................................................................................................................................................... 43
Alta Vista Street ........................................................................................................................................... 396, 403
Alternative Learning Center ................................................................................................................................. 436
Alternative Services Concepts, LLC ...................................................................................................................... 346
Althoff, Marilyn - Executive Director of Hills & Dales ............................................................................................ 91
American Legion Post #6 ..................................................................................................................................... 212
American Public Works Association..................................................................................................................... 299
American Trust & Savings Bank ................................................................................................... 140, 255, 306, 342
Americans with Disabilities Act...................................................................................................... 11, 218, 219, 254
America's River Corporation ........................................................................................................................ 159, 323
America's River Festival ....................................................................................................................................... 376
AmeriCorps VISTA ............................................................................................................................ 41, 66, 107, 306
Angie’s Place ........................................................................................................................................................ 145
Ank, Greg - ICMA Fellow Lieutenant Colonel of Fort Sam, Houston, Texas. ........................................................ 123
Annexation .......................................................................................................................................................... 312
Annexation and Roadway Improvement Agreement with the City of Asbury ................................................. 311
Pre-Annexation Agreement - Arboretum Development, LLC ............................................................................ 72
Pre-Annexation Agreement - Derby Grange LLC.............................................................................................. 399
Pre-Annexation Agreement - Gronen/Mulgrew .............................................................................................. 255
Pre-Annexation Agreement - Joseph & Enid Wysocki ..................................................................................... 286
Pre-Annexation Agreement - Joseph M. and Deborah L. Vize ........................................................................... 94
Pre-Annexation Agreement - Oberbroeckling, Richard A. and Ronald L.......................................................... 425
Pre-Annexation Agreement - Rodney and Diann Mozena ................................................................................... 7
Pre-Annexation Agreement - Royal Oaks Development Corporation .............................................................. 113
Pre-Annexation Agreement - Spiegel Family Realty Company Iowa, LLC ........................................................ 362
Pre-Annexation Agreement - Thomas & Judith Priebe .................................................................................... 285
Pre-annexation agreement - Waiver - Farm on Swiss Valley Road .................................................................... 63
Pre-Annexation Agreement - Well and Lagoon parcels, Twin Ridge Subdivision, Key West ........................... 426
Severance of Kelley Property ........................................................................................................................... 312
Voluntary Annexation - Bahl Property ..................................................................................................... 309, 351
Annual Report
Consent Decree Semi-Annual ............................................................................................................................ 69
Consolidated Local Government (CLG) .............................................................................................................. 32
Fiscal Year 2015 Iowa Urban Renewal ............................................................................................................. 393
Five Flags Civic Center...................................................................................................................................... 397
Grand River Center ............................................................................................................................................ 15
Multicultural Family Center ............................................................................................................................. 170
Port of Dubuque Marina Report 2014 ............................................................................................................... 64
Anthony, Ken, Alliant Energy ............................................................................................................................... 354
Applebee's Restaurant ......................................................................................................................................... 242
Applewood III Senior Housing.............................................................................................................................. 283
Book 145 INDEX 441
Applewood IV Senior Housing ............................................................................................................................. 400
Application
Financial Inclusion Cohort - National League of Cities (NLC) ........................................................................... 427
Iowa Economic Development Authority (IEDA) - Cottingham & Butler ............................................................. 39
Aragon Tap .................................................................................................................................................. 212, 395
Arboretum Development, LLC ............................................................................................................... 72, 109, 110
Area Residential Care, Inc. ................................................................................................................................... 185
Arrowhead Drive.................................................................................................................................................. 126
Art on the River ........................................................................................................................................... 105, 107
Arts and Cultural Affairs Advisory Commission ........................................................................... 105, 107, 217, 340
Arts and Culture Master Plan ..................................................................................................................... 65, 293
Code of Ordinances Amendment .................................................................................................................... 178
Membership ............................................................................................................................ 190, 214, 290, 310
Minutes Submitted ......................................................................................... 18, 45, 67, 106, 206, 233, 299, 322
Arts and Culture Master Plan............................................................................................................................... 293
Asbury Road ............................................................................................................ 37, 126, 309, 312, 351, 357, 396
Assessment
Delinquent Grass, Weed Cutting and Garbage Collection Accounts.......................................... 70, 256, 377, 378
Delinquent Water, Sewer, Refuse and Stormwater Collection Accounts ........................................................ 356
Demolition - 1849 Jackson Street ...................................................................................................................... 69
Public Right-of-Way Sidewalk Repair Assessment Project ............................................................................... 376
Snow Removal - 1495 Glen Oak Street 2014-2015 ............................................................................................ 95
Snow Removal - Right-of-Way ......................................................................................................................... 141
SRF Green Alley - Bid Set 1 - Year 2 .......................................................................................................... 407, 408
SRF Green Alley - Bid Set 3 - Year 1 ...................................................................................................................... 3
SRF Green Alley - Bid Set 5 - Year 1 ...................................................................................................................... 6
Assisi Drive ........................................................................................................................................................... 392
Audit
EideBailly CPA .................................................................................................................................................... 14
Environmental & Sustainable Management Systems (ESMS) .......................................................................... 184
Audubon Elementary School ............................................................................................................... 183, 237, 303
Authorized Depository Institutions ...................................................................................................... 140, 306, 341
Avenarius, Paul .................................................................................................................................................... 300
Averill, Marty, Dr., DDS ........................................................................................................................................ 314
Avery, James - Donation of Sculptures ................................................................................................................ 352
Avilés, Jesús - Dubuque Racing Association President and CEO .......................................................................... 272
Award
2014 Water Fluoridation Quality ..................................................................................................................... 356
2015 Great Job Honor Roll - Mike Feltes - Jule Transit employee ................................................................... 422
American Public Works Association Project of the Year .................................................................................. 299
Best Development Award - Green Alley Program / Bee Branch Creek Restoration Project ............................ 206
Dubuque National Service Partnership ............................................................................................................ 341
Government Finance Officers Association (GFOA) .................................................................................. 181, 341
Iowa Legislator of the Year 2015 - Senator Pam Jochum ................................................................................. 389
Iowa Tourism Office ......................................................................................................................................... 376
Labor-Management Partnership Award - Jule Transit and the Teamsters Union Local #120 .......................... 422
Tony Goldman Award - Gronen Restoration And the City of Dubuque ........................................................... 389
Women of Achievement Award – Laura Carstens, Planning Services Manager .............................................. 152
Wonder Women - Heroines of Dubuque - Teri Goodmann ............................................................................. 270
Awn Stop Mart ............................................................................................................................................... 36, 243
B
Backes, Marian ........................................................................................................................................................ 1
Bahl, Linda C. ....................................................................................................................................... 309, 310, 351
Bahl, Martin J ....................................................................................................................................... 309, 310, 351
Bahl, Martin, Linda and Terrence ........................................................................................................................ 311
Bahl, Terrance G. ................................................................................................................................. 309, 310, 351
Bait Shack, The ............................................................................................................................................. 212, 326
442 INDEX Book 145
Bakken, Eric M. ............................................................................................................................ 300, 301, 326, 369
Balboa Drive ........................................................................................................................................................ 122
Bard Materials ..................................................................................................................................................... 284
Bartolotta, Cindy .......................................................................................................................................... 269, 270
Bauer, Lisa ........................................................................................................................................................... 123
Baymont Inn & Suites .............................................................................................................................................. 9
Beck, Tara - Waypoint Services ............................................................................................................................ 355
Bee Branch Creek Restoration Project 2, 18, 132, 146, 171, 180, 183, 206, 237, 238, 254, 287, 290, 388, 394, 437,
438
Bee Branch Watershed Flood Mitigation Project ................................................................................................ 302
Beecher Beverage ................................................................................................................................................ 159
Beecher Co. Inc .................................................................................................................................................... 186
Bell Tower Productions ................................................................................................................................ 234, 272
Bellows, Daniel .................................................................................................................................................... 341
Ben, Jerome ................................................................................................................................................. 154, 360
Best Management Practices .............................................................................................................. 54, 55, 56, 412
Best Western Plus Dubuque Hotel .......................................................................................................................... 9
Beytien, Allyson ..................................................................................................................................................... 91
Bibelhausen, Keith- Attorney ............................................................................................................................... 368
Big 10 Mart ............................................................................................................................................ 36, 212, 395
Bike Coop ............................................................................................................................................................. 139
Bird, Eugene................................................................................................................................................. 417, 429
Black Hills Corporation......................................................................................................................................... 437
Black Hills Energy ...................................................................................................................... 14, 26, 28, 82, 83, 93
Blakeman, Kristine ....................................................................................................................... 106, 107, 304, 361
Blatz, Natalie - AmeriCorp Partners in Learning .................................................................................................. 106
Blewett, Harry - Ruhl & Ruhl Realtor ................................................................................................................... 101
Block II, Robert ............................................................................................................................................ 190, 215
Blocker, Robert ............................................................................................................................................ 190, 215
Bloomberg Philanthropies Public Art Challenge ...................................................................................................... 1
Bluff Street ................................................................................................................................................... 304, 335
Blum Properties, Inc. ........................................................................................................................... 394, 420, 421
Blum, Anthony ..................................................................................................................................................... 368
Board of Supervisors - Dubuque County, Iowa .................................................................................................... 130
Body and Soul Spa ............................................................................................................................................... 123
Body Worn Camera ............................................................................................................................................. 346
Boge, Carol................................................................................................................................................... 106, 107
Boice, Daniel ........................................................................................................................................................ 190
Bonds
General Obligation ............................................................................................................132, 415, 416, 435, 436
Multifamily Revenue Bonds. ............................................................................................................................ 166
Revenue ........................................................................................................................................................... 294
Sales Tax Increment Revenue ........................................................... 132, 144, 150, 151, 165, 170, 171, 172, 185
Tax-Exempt General Obligation ............................................................................................................... 131, 151
Bonson and Stewart Place ................................................................................................................................... 157
Boots, Daniel ................................................................................................................................................ 374, 394
Boy Scout Troop 69 .............................................................................................................................................. 122
Boynton, Sally ...................................................................................................................................................... 123
Bragg, Mary Rae .................................................................................................................................................... 42
Branch Creek Restoration Project ........................................................................................................................ 295
Branson, Daniel, Dr. DDS, - Crescent Community Health Center ......................................................................... 269
Brazen Open Kitchen Bar ............................................................................................................................... 22, 428
Breezers Pub .................................................................................................................................................... 9, 428
Breitsprecker, Brandy .......................................................................................................................................... 283
Brenan, Betty ....................................................................................................................................................... 123
Bridge Restaurant ................................................................................................................................................ 395
Bries, Dale .............................................................................................................................................................. 91
Brumwell, Crenna ................................................................................................................................................ 420
Brunskill Street Place ........................................................................................................................................... 344
Book 145 INDEX 443
Bryant Street ........................................................................................................................................................ 157
Buchholtz, Wayne ................................................................................................................................................ 153
Budget
Department Reviews ................................................................................................................. 41, 42, 43, 66, 79
Fiscal Year 2015 Amendment ............................................................................................................ 98, 118, 119
Fiscal Year 2015 Correction ............................................................................................................................... 65
Fiscal Year 2016 Adoption ................................................................................................................................. 81
Fiscal Year 2016 Amendment .......................................................................................................... 308, 332, 333
Fiscal Year 2016 Recommended ............................................................................................................ 39, 66, 81
Five Flags Center Fiscal Year 2016 ................................................................................................................... 123
Library Request ................................................................................................................................................ 122
Buesing and Associates Inc. ................................................................................................................. 125, 145, 208
Buffalo Wild Wings .............................................................................................................................................. 146
Alcohol Compliance Civil Penalty ..................................................................................................................... 379
Bugalski, Richard - General Manager/CEO, Dubuque Golf & Country Club ......................................................... 146
Building Code and Advisory Appeals Board
Code of Ordinances Amendment .................................................................................................................... 218
Membership ............................................................................................................................................ 245, 262
Bunker Hill Golf Course ............................................................................... 15, 30, 64, 113, 147, 186, 308, 334, 370
Burke, Bibi .................................................................................................................................................... 190, 214
Burkhart, Jeremy - Bike Coop .............................................................................................................................. 139
Burlington Stage Lines LTD .......................................................................................................................... 272, 291
Burlington Trailways .................................................................................................................................... 272, 291
Bus Shelters ......................................................................................................................................................... 345
Business License Refund
Dubuque Racing Association, LTD .................................................................................................................... 158
Eronel, LLC ....................................................................................................................................................... 211
Road Ranger of Illinois, LLC .............................................................................................................................. 158
Yardarm Restaurant and Bar ........................................................................................................................... 211
C
Cable Television Commission................................................................................................. 91, 289, 298, 361, 427
Membership ............................................................................................................................ 190, 215, 273, 291
Minutes Submitted ....................................................................................................... 18, 91, 206, 283, 355, 404
PEG Capital Grant Expenditure Request .................................................................................................. 361, 427
Caldwell, Theresa – President, Washington Neighborhood Association ............................................................. 106
Callahan, Joe .......................................................................................................................................................... 43
Camp Albrecht Acres ........................................................................................................................................... 272
Canadian Pacific Railroad ............................................................................................................. 112, 238, 362, 393
Canon, Joshua ...................................................................................................................................................... 356
Caradco Building .......................................................................................................................................... 124, 389
Carlos O'Kelly's..................................................................................................................................................... 348
Carnegie-Stout Public Library ................................................ 42, 106, 122, 379, See also Library Board of Trustees
Carroll, Carole - Hospice of Dubuque .................................................................................................................. 375
Carstens, Laura .................................................................................................................................................... 152
Casey's General Store .................................................................................................................. 186, 242, 259, 415
Catfish Charlie's ........................................................................................................................................... 127, 415
Catfish Creek Watershed Management Authority..................................................................... 19, 67, 73, 294, 376
Minutes Submitted ............................................................................................................................................ 67
Catfish Creek Watershed Management Plan ................................................................................. 73, 106, 156, 293
Cedar Crest Court ................................................................................................................................................ 271
Cedar Cross Road ................................................................................................................................. 186, 271, 324
Cedar Ridge Farm .......................................................................................................................................... 92, 271
Census Boundary Map Adjustment ....................................................................................................................... 47
Central Iowa Water Association .......................................................................................................................... 282
Certified Local Government ............................................................................................................. 19, 32, 202, 232
Chamberlain, Patricia S. ....................................................................................................................................... 295
Champp’s Americana ............................................................................................................................................... 9
444 INDEX Book 145
Chances R Bar ...................................................................................................................................................... 289
Chavenelle, Gail ........................................................................................................................................... 417, 429
Childhood Lead Poisoning Prevention Program .................................................................................................. 288
Chillook, Lynn Ann ......................................................................................................................................... 43, 341
Chillook, Michelle .................................................................................................................................................. 43
Chocolaterie Stam Dubuque ................................................................................................................................ 307
Chong, Linda ................................................................................................................................................ 106, 107
Choo Choo Charlie's ............................................................................................................................................. 185
Chopper's Bar ........................................................................................................................................................ 96
Choquet, Jean-Michel .......................................................................................................................................... 214
City Attorney Interviews ...................................................................................................................................... 420
City Attorney's Office ........................................................................................................................................... 403
City Council 2014 Official Proceedings .................................................................................................................. 91
City Council Goal Setting.............................................................................................................................. 268, 269
City Council Goals and Priorities .......................................................................................................................... 282
City Engineer's Certificate ............................................................... 3, 6, 21, 108, 126, 141, 392, 406, 407, 410, 423
City of Dubuque vs. Blake and Linda Schellenberg et al ...................................................................................... 254
City of Dubuque vs. Chad R. Hansen et al ............................................................................................................ 181
City of Dubuque vs. Edward F. Davis et al............................................................................................................ 181
City of Dubuque vs. Jerry Genie et al ................................................................................................................... 254
City of Dubuque vs. Jesse Rans et al .................................................................................................................... 254
City Street Financing Report for Fiscal Year 2015 ................................................................................................ 305
Civic Center Advisory Commission ................................................................................... See Five Flags Civic Center
Code of Ordinances Amendment .................................................................................................................... 370
Membership .......................................................................................................................65, 190, 215, 328, 351
Minutes Submitted ............................................................................................................................ 45, 283, 389
Civil Service Commission
Certified List for Accountant 1 ......................................................................................................................... 394
Certified List for Cashier .................................................................................................................................... 35
Certified List for Confidential Account Clerk .................................................................................................... 185
Certified List for Environmental Coordinator .................................................................................................. 237
Certified List for Equipment Operator 1 .......................................................................................................... 360
Certified List for Equipment Operator II .......................................................................................................... 360
Certified List for Firefighter ............................................................................................................................. 413
Certified List for Mechanic ............................................................................................................................... 414
Certified List for Parking System Technician ...................................................................................................... 91
Certified List for Planning Technician .............................................................................................................. 237
Certified List for Police Officer ......................................................................................................................... 185
Certified List for Public Safety Dispatcher ........................................................................................................ 304
Certified List for Sanitation Driver ........................................................................................................... 304, 361
Certified List for Transit Operations Supervisor ............................................................................................... 237
Certified List for Water Engineering Assistant ................................................................................................. 271
Code of Ordinances Amendment .................................................................................................................... 318
Minutes Submitted ...................................... 1, 32, 67, 91, 123, 154, 181, 233, 254, 269, 299, 340, 355, 389, 422
Re-Certified List for Firefighter ........................................................................................................................ 428
Water Distribution Equipment Operator ......................................................................................................... 411
Clarke University .................................................................................................................................. 100, 127, 209
Cliff, Eugene ......................................................................................................................................................... 154
Climb on Program ................................................................................................................................................ 153
Closed Session .......................................................................... 65, 78, 122, 153, 204, 232, 233, 253, 321, 353, 420
Attorney Response .......................................................................................................................................... 249
Club Synergy ........................................................................................................................................................ 259
Clubhouse, The ...................................................................................................................................................... 74
Code of Ordinances - Adoption of Supplement ..................................................................................... 47, 236, 348
Code of Ordinances Amendment
(UDC) - SW Arterial Development Moratorium ................................................................................................. 29
10-5B-4A removing the word "unleashed" related to prohibiting animals in parks ........................................ 135
Adoption of the 2014 National Electrical Code.................................................................................................. 15
Black Hills Energy ............................................................................................................................................... 82
Book 145 INDEX 445
Chapter 8 - Street Tree & Landscaping of Public Right-of-Way ......................................................................... 64
Industrial Center West Urban Renewal ........................................................................................................... 314
Interstate Power and Light Company ................................................................................................................ 82
Title 1 General Penalty for Misdemeanor Violations ....................................................................................... 137
Title 10 Allowing Pets in Most City Parks ........................................................................................................... 38
Title 10 Park Rangers ....................................................................................................................... 197, 217, 249
Title 10 Public Ways and Property Permit Requirements ................................................................................ 418
Title 10 Public Ways and Property Repealing Section 10-5B-23 Related to Sledding ...................................... 177
Title 10 Sidewalk Cafe Permits ......................................................................................................................... 250
Title 10 Sledding in City Parks .......................................................................................................... 14, 30, 38, 64
Title 12 Cable Television Commission .............................................................................................................. 277
Title 13 Fixing Water Rates for Residential and Industrial Use and All Other Uses and Fixing Water Rates for
Fire Sprinkler Service ..................................................................................................................................... 86
Title 13 Sewer Rates for Residential and Commercial Users ............................................................................. 84
Title 13 Solid Waste Rates and Charges ............................................................................................................. 84
Title 14 Building and Development, Chapter 1 Building Codes, Article D Electrical Code ............................... 179
Title 14 Building Code and Advisory Appeals Board ........................................................................................ 217
Title 14 Plumbing Code Board ......................................................................................................................... 335
Title 15 Long Range Planning Advisory Commission ........................................................................................ 337
Title 16 Historic Preservation Commission ...................................................................................................... 200
Title 16 Public Drinking Water Well and Non-Public (Geothermal) Well ......................................................... 193
Title 16 Zoning Advisory Commission .............................................................................................................. 250
Title 16 Zoning Board of Adjustment ....................................................................................................... 296, 386
Title 2 Boards and Commissions, Chapter 3 Investment Oversight Advisory Commission .............................. 178
Title 2 Boards and Commissions, Chapter 6 Environmental Stewardship Advisory Commission .................... 178
Title 2 Boards and Commissions, Chapter 8 Arts and Cultural Affairs Advisory Commission .......................... 178
Title 2 Civic Center Advisory Commission ........................................................................................................ 370
Title 2 Civil Service Commission ....................................................................................................................... 318
Title 2 Housing Commission ..................................................................................................................... 371, 419
Title 2 Housing Trust Fund Advisory Committee ............................................................................................. 280
Title 2 Sister City Relationships Advisory Commission ..................................................................................... 320
Title 5 Transit System, Chapter 1 Transit Advisory Board ................................................................................ 179
Title 6 Health, Housing, Sanitation and Environment, Chapter 6 Housing Regulations ................................... 180
Title 6 Housing Code Appeals Board ................................................................................................................ 102
Title 8 Human Rights Commission ................................................................................................................... 265
Title 9 Motor Vehicles and Traffic – Parking .................................................................................................... 88
Title 9 School Buses Discharging Pupils ........................................................................................................... 136
Titles 14 & 16 Southwest Arterial Moratorium Extensions.............................................................................. 276
Coffman, Eric ......................................................................................................................................................... 41
Cohen-Esrey Affordable Partners ................................................................................................................ 401, 434
Collective Bargaining Agreement
Dubuque Police Protective Association ........................................................................................................... 210
Dubuque Professional Firefighters Association Local No. 353 ........................................................................... 92
Operating Engineers Local No. 234 .................................................................................................................. 254
Teamsters Union Local No. #120 ............................................................................................................. 125, 303
Colts Community Center ...................................................................................................................................... 212
Comiskey Park................................................................................................................... 38, 64, 168, 204, 295, 437
Community Development Advisory Commission .......................................................................................... 22, 217
Membership ................................................................................................................................ 37, 49, 190, 215
Minutes Submitted .................................................................................................................... 32, 233, 269, 340
Community Development Block Grant (CDBG) .... 22, 43, 69, 107, 124, 206, 249, 257, 265, 270, 322, 357, 359, 414
Community Engagement ..................................................................................................................................... 403
Community Foundation of Greater Dubuque ...................................................................... 107, 340, 354, 374, 388
Community Housing Initiatives ............................................................................. 159, 160, 190, 191, 354, 365, 382
Compact of Mayors ..................................................................................................................................... 348, 422
Comprehensive Annual Financial Report (CAFR) ................................................................................................... 14
Conference of Mayors ......................................................................................................................................... 107
Conlon Construction .............................................................................................................................................. 21
Connolly Construction, Inc. .................................................................................................................. 404, 405, 428
446 INDEX Book 145
Consolidated Annual Performance Evaluation Report (CAPER) .......................................................... 205, 322, 323
Construction Engineering Services
Southwest Arterial Project - Consultant Selection ........................................................................................... 341
Consumer Price Index ............................................................................................................................................ 12
Continuing Disclosure Policy .................................................................................................................................. 19
Continuum Care Special Needs Assistance .......................................................................................................... 284
Contract
Brownfields Area-Wide Planning Grant ........................................................................................................... 259
Childhood Lead Poisoning Prevention Programs ............................................................................................. 288
Cottingham & Butler Insurance Services, Inc. - High Quality Jobs ................................................................... 209
Dubuque Circles® Initiative .............................................................................................................................. 126
Dubuque Regional Humane Society - Renewal ................................................................................................ 235
EPA Brownfield Area-Wide Planning Grant ..................................................................................................... 418
Hirschbach Motor Lines, Inc. ........................................................................................................................... 210
Iowa Department of Inspections and Appeals ................................................................................................. 323
Iowa Economic Development Assistance - Hirschbach Motor Lines, Inc ........................................................... 38
Iowa Economic Development Authority Solar Ready Award ........................................................................... 271
PetData - Renewal ........................................................................................................................................... 108
Trailhead Energy .............................................................................................................................................. 284
U.S. Department of Housing and Urban Development (HUD) ......................................................................... 284
Contract Amendment
East Central Intergovernmental Association (ECIA) Administrative Services Amendment #4 ........................... 69
Full Circle Organics .......................................................................................................................................... 145
Iowa Department of Inspections & Appeals - Food Inspections ...................................................................... 146
Iowa Department of Natural Resources Clean Diesel Grant ............................................................................ 242
Linseed Oil Paintworks Building Project - No. 7 ............................................................................................... 123
Sedgwick - Iowa Values Fund ............................................................................................................................. 73
Contracted Services Agreement
Almost Home at St. John’s ............................................................................................................................... 234
America's River Corporation Amendment ....................................................................................................... 323
Crescent Community Health Center ................................................................................................................ 210
Dubuque Area Convention and Visitors Bureau .............................................................................................. 211
Dubuque Area Labor-Management Council .................................................................................................... 211
Dubuque Main Street ...................................................................................................................................... 211
DuRide ............................................................................................................................................................. 211
Every Child / Every Promise ............................................................................................................................. 211
Greater Dubuque Development Corporation (GDDC) ..................................................................................... 211
Hills & Dales Senior Center Lifetime Program ................................................................................. 211, 234, 257
Inclusive Dubuque ........................................................................................................................................... 211
Operation New View Community Action Agency ............................................................................................ 211
Project H.O.P.E................................................................................................................................................. 211
Washington Neighborhood Tool Library .................................................................................................. 211, 234
Cooper, Kelly - Dubuque-Area Labor Management Council ................................................................................ 422
COP21 2015 Climate Conference in Paris, France ............................................................................................... 438
Copper Kettle Restaurant, The ............................................................................................................................ 349
Corner Grill, The .................................................................................................................................................. 272
Cotrell, Rita .......................................................................................................................................................... 263
Cottingham & Butler Insurance Services, Inc. .........................................................................39, 209, 342, 343, 393
Courtside Sports Bar & Grill ................................................................................................................................. 289
Creative Risk Solutions......................................................................................................................................... 393
Creek Wood Park ................................................................................................................................................. 284
Cremer, Larry ....................................................................................................................................................... 253
Crescent Community Health Center ........................................................................................................ 73, 79, 210
Creslanes Bowling ................................................................................................................................................ 212
Crippes, Duane .................................................................................................................................................... 422
Crust Italian Kitchen and Bar ............................................................................................................................... 348
Cue Master Billiards ............................................................................................................................................. 428
Curtis Street ......................................................................................................................................................... 157
CW Wolff, LLC .......................................................................................................................212, 213, 246, 247, 341
Book 145 INDEX 447
D
D.F. Excavating, LLC ..................................................................................................................................... 255, 391
Dakota, Minnesota & Eastern Railroad Corporation ........................................................................................... 238
Dakota, Minnesota, & Eastern Railroad Corporation (DM & E) ........................................................................... 238
Darter, Chad ................................................................................................................................................ 190, 215
Daugherty, Tyler .......................................................................................................................................... 190, 215
Dave's Downtown Conoco ........................................................................................................................... 113, 186
Davis Jr., Frederick ................................................................................................................................................... 9
Davis Place LLC ..................................................................................................................................... 108, 109, 236
Davis Street .......................................................................................................................................................... 345
Davis, Edward F.................................................................................................................................................... 181
Daykin, Matt ................................................................................................................................................ 404, 405
Daykin, Steven ..................................................................................................................................................... 253
Days Inn & Spirits Bar & Grill ............................................................................................................................... 159
Declaration of Official Intent Reimburse Expenses Relating to Certain Fiscal Year 2016 Bond Projects ............. 361
Delaney, Joe ......................................................................................................................................................... 292
Denny's Lux Club .................................................................................................................................................. 348
Derby Grange Acres ....................................................................................................................................... 46, 109
Derby Grange, LLC ............................................................................................................................................... 399
Development Agreement
German Bank Building LLLP ............................................................................................................................. 303
Novelty Iron Works .................................................................................................................................. 105, 424
Oberbroeckling, Kenneth ................................................................................................................... 97, 117, 424
Weaver Castle, LLC ....................................................................................................... 94, 98, 117, 358, 359, 411
Diamond Jo Casino............................................................................................................................... 186, 212, 272
Dickinson, Rick - Greater Dubuque Development Corporation (GDDC) ......................... 77, 193, 204, 311, 352, 417
Dietzel, Katherine - Wedding ............................................................................................................................... 290
Dietzel, Kristin - Northeast Iowa Community College (NICC) ............................................................... 215, 374, 388
Dig In! - Iowa's Agricultural Innovation Tour ....................................................................................................... 376
Digital Drive ......................................................................................................................................................... 144
Dittmer Recycling ................................................................................................................................................ 428
Dog House Lounge ............................................................................................................................................... 363
Dollar General ................................................................................................................................................ 22, 186
Dolson, Mark ............................................................................................................................................... 273, 291
Dolter Place No. 2 ................................................................................................................................................ 425
Donath, Dean ....................................................................................................................................................... 422
Donation of Sculptures ........................................................................................................................................ 352
Double Shot Bar ................................................................................................................................................... 395
Dowell, Zach ........................................................................................................................ 116, 133, 149, 161, 429
Drainage Basin Master Plan ................................................................................................................. 183, 295, 394
Dregne, Eric - Community Foundation of Greater Dubuque ......................................................................... 44, 388
Drew Cook & Sons Excavating ........................................................ 78, 126, 186, 235, 263, 264, 272, 295, 306, 407
Droessler, Lloyd ............................................................................................................................................... 18, 32
Drug Abuse Resistance Education ............................................................................................................... 346, 412
Dubuque Arboretum Association, Inc. ................................................................................................................. 127
Dubuque Area Convention and Visitors Bureau .............................................................................. 18, 31, 210, 438
Dubuque Area Labor-Management Council ........................................................................................................ 242
Dubuque Bank & Trust (DB&T) Community Corp .................................................................................................... 2
Dubuque Bowling Lanes ...................................................................................................................................... 186
Dubuque Children's Zoo Boosters, Inc. ................................................................................................................ 123
Dubuque Community School District ................................................................................................................... 262
Dubuque Community YMCA/YWCA ............................................................................................................. 234, 257
Dubuque County Board of Health ........................................................................................................................ 288
Dubuque County Board of Supervisors ................................................................................................................ 262
Dubuque County Conservation Board ................................................................................................................. 153
Dubuque County Fine Arts Society ...................................................................................................................... 147
Dubuque County Historical Society Museum .......................................................................................................... 1
Dubuque County ISU Extension ........................................................................................................................... 234
448 INDEX Book 145
Dubuque Food Co-Op .......................................................................................................................................... 127
Dubuque Furniture & Flooring ..................................................................................................................... 257, 258
Dubuque Golf & Country Club ..................................................................................................................... 146, 159
Dubuque Ice Harbor ............................................................................................................................................ 412
Dubuque Industrial Center .......................................................................................................... 124, 192, 261, 310
Dubuque Industrial Center South ........................................................................................................................ 425
Dubuque Industrial Center West ......................................................................................................................... 240
Dubuque Intermodal Transportation Center .................................. 21, 161, 184, 216, 272, 291, 298, 299, 324, 412
Dubuque Jaycees ................................................................................................................................. 159, 300, 326
Dubuque Landlords Association ............................................................................................................................ 43
Dubuque Lodge No. 355 ...................................................................................................................................... 127
Dubuque Main Street .................................................................................................................................. 211, 339
Dubuque Marina .................................................................................................................................. 107, 127, 187
Dubuque Metropolitan Area Solid Waste Agency (DMASWA) ............................................................ 126, 185, 428
Dubuque Metropolitan Area Transportation Study (DMATS) ......................................................... 33, 35, 156, 239
Dubuque Mining Co. ...................................................................................................................................... 74, 186
Dubuque Poison Free Parks Group ...................................................................................................................... 437
Dubuque Professional Firefighters Association, Local #353 .................................................................................. 92
Dubuque Quick Stop Mart ........................................................................................................................... 243, 289
Dubuque Racing Association ................................................................................................................. 65, 158, 272
Dubuque Regional Airport ...................................................... 45, 110, 111, 112, 113, 125, 131, 149, 168, 211, 361
Dubuque Regional Humane Society .................................................................................................................... 235
Dubuque Religious Center ..................................................................................................................................... 36
Dubuque Southgate Investments, Ltd ................................................................................................................. 391
Dubuque Vision Statement 2030 ......................................................................................................................... 282
Dubuque Water Sports Club ................................................................................................................................ 185
Dubuque West Hospitality, LLC ........................................................................................................................... 210
Dubuque-Area Labor Management Council ........................................................................................................ 422
Duff, Dawna ........................................................................................................................................................... 42
Dungeon, The ...................................................................................................................................................... 415
DuRide ................................................................................................................................................... 44, 139, 211
E
E. 12th Street ....................................................................................................................................................... 331
Eagle Country Market .......................................................................................................................... 186, 259, 325
Eagle Point Energy ............................................................................................................................................... 120
Eagle Point Park ................................................................................................................................................... 206
Eagles Club ............................................................................................................................................................. 96
Easement
1411 N. Grandview Ave. .......................................................................................................................... 233, 235
Bard Materials - Grant of Temporary Construction Access ............................................................................. 284
Bus Shelters - 801 Davis Street, and 2121 Holliday Drive ................................................................................ 345
Davis Place - 511 Garfield Avenue ................................................................................................................... 235
Davis Place LLC - Grading and Construction and a Permanent Easement for Sanitary Sewer ......................... 108
Furuseth, Patricia F. ......................................................................................................................................... 110
Halle Properties LLC ......................................................................................................................................... 288
Intersection Improvements at Loras Blvd, Grandview Ave. and University Ave .............................................. 301
Kristin A. Smith - 1411 N. Grandview Ave. ....................................................................................................... 235
M-M&M LLC - 468 East 12th Street ................................................................................................................. 286
North Cascade Road Developers, LLC in Timber - Hyrst Estates No. 4 Subdivision ................................. 360, 376
Northridge Ventures, LLC, Temporary - 3600 Digital Drive.............................................................................. 144
O’Rourke Farms LLC ................................................................................................................................. 111, 157
Royal Oaks Development Corporation ............................................................................................................ 111
Sanitary and Storm Sewer - Cedar Ridge Farm Place No. 7 ............................................................................... 92
Sanitary and Storm Sewer - Nemmers Cedar Ridge Farm Acceptance .............................................................. 92
Sanitary Sewer - 3045 Indiana Court ............................................................................................... 300, 326, 368
Sanitary Sewer - Indiana Subdivision No. 2 ..................................................................................................... 300
Sanitary Sewer - Kerper Industrial Park ........................................................................................................... 284
Book 145 INDEX 449
St. Mary’s Apartments of Dubuque, LLC - 2955 Kaufmann Avenue ................................................................. 358
Storm Sewer - 1001 Assisi Drive ...................................................................................................................... 392
Storm Sewer - 2595 Fulton Street ................................................................................................................... 345
Storm Sewer - 2595 Fulton Street Acceptance ................................................................................................ 324
Storm Sewer - 2810 Wildwood Court .............................................................................................................. 344
Storm Sewer - 328 Monroe Street ................................................................................................................... 157
Storm Sewer – Leach, Joel and Andrea - 2595 Fulton Street ........................................................................... 324
Storm Sewer - Lot 43 In Rebman’s Subdivision................................................................................................ 157
Storm Sewer Over and Across Lot 27 Highland Addition. ................................................................................ 345
Timber-Hyrst Estates No. 4 Sanitary Sewer and Storm Drainage .................................................................... 208
Tracy, William D., Tracy William C., and Tracy, Kay J. ...................................................................................... 112
Twin Ridge Water, Inc. - balance of Lot A Southgate Center Second Addition ................................................ 391
Underground Electric, Fiber Optic Cable, Traffic Signals & Other Appurtenances and sidewalk - William and
Kathleen Jester ............................................................................................................................................ 301
Utility - Furuseth Property ............................................................................................................................... 110
Utility - O'Rourke Property .............................................................................................................................. 110
Utility - Southwest Arterial Project from O’Rourke Farms LLC ........................................................................ 157
Utility - Speigel Property .................................................................................................................................. 111
Utility - Tracy Property ..................................................................................................................................... 112
Vacate Access, Utility and Storm Water Drainage Easement Lot C Reche's Subdivision - University of Dubuque
Physician's Assistant Building Addition ........................................................................................................ 120
Woodlawn Park Subdivision - Underground Electric, Fiber Optic Cable, Traffic Signals, Other Appurtenances
and Sidewalk - Part of Lot 99 ....................................................................................................................... 235
East 10th Street ...................................................................................................................................................... 45
East 15th Street .................................................................................................................................................... 262
East Central Intergovernmental Association (ECIA) ............................................................... 69, 258, 259, 357, 358
East Central Iowa Association Business Growth, Inc. .......................................................................................... 359
Eastern Iowa Excavating & Concrete ................................................................................................................... 423
East-West Corridor Study .................................................................................................................... 156, 276, 282
Easy Street ........................................................................................................................................................... 146
EB Lyons Interpretive Area .................................................................................................................................. 356
Ehlers, Margaret .......................................................................................................................................... 123, 140
EideBailly CPA ........................................................................................................................................................ 14
Eighteen Hundred Forty (1840) LLC ....................................................................................................................... 45
EKM, LLC ...................................................................................................................................................... 423, 424
El Paisano Grocery Store ........................................................................................................................................ 48
Eleanor Roosevelt Middle School ........................................................................................................................ 105
Electrical Code Board
Code of Ordinances Amendment .............................................................................................................. 15, 179
Membership .................................................................................................................... 116, 133, 149, 161, 429
Eleventh Street .............................................................................................................................................. 34, 429
Elliott, Anna ..................................................................................................................................................... 45, 46
Elm Street .................................................................................................................................... 145, 160, 192, 430
Emerald Ash Borer ................................................................................................................................................. 15
Emergency Communications Center ................................................................................................................... 239
Eminent Domain .......................................................................................................................................... 343, 437
Empire Bar, The ................................................................................................................................................... 395
Enabnit, Cathleen, Jenk Enterprises .................................................................................................................... 330
Engelken, Rick, City Assessor ............................................................................................... 122, 152, 271, 284, 427
Engling, Tanya .............................................................................................................................................. 190, 215
English Mill Road ................................................................................................................... 93, 243, 263, 275, 306
English Ridge ................................................................................................................................ 350, 381, 384, 397
Enhanced Neighborhood Support ....................................................................................................................... 354
Environmental & Sustainable Management Systems (ESMS) Advisory Audit ..................................................... 184
Environmental Covenant Old City Garage (PNG) Site .......................................................................................... 313
Environmental Review
Opening Doors - Supportive Services ............................................................................................................... 208
Operation Empower/Manasseh House - Supportive Services ......................................................................... 208
Environmental Sanitarian ...................................................................................................................................... 92
450 INDEX Book 145
Environmental Stewardship Advisory Commission ............................................................................................. 437
Code of Ordinances Amendment .................................................................................................................... 178
Membership .............................................................................................................................. 99, 116, 310, 328
Environmental Stewardship Commission .................................................................................................... 126, 282
EPIC Construction ................................................................................................................................................ 258
Eronel ............................................................................................................................................................ 97, 211
Esser, Matt ................................................................................................................................................... 245, 262
Estal vs. City of Dubuque ....................................................................................................................................... 45
Europa Café ......................................................................................................................................................... 325
Europa Haus Restaurant ...................................................................................................................................... 380
Evergreen Drive ................................................................................................................................................... 396
Evers, Elaine ......................................................................................................................................................... 254
Evers, Eric ............................................................................................................................................................ 233
Every Child | Every Promise Contracted Services Agreement ............................................................................. 211
Examining Board
Membership ............................................................................................................................................ 122, 152
Express Scripts, Inc .............................................................................................................................................. 271
Exxtreme Pub ......................................................................................................................................................... 97
F
Family Dollar ................................................................................................................................................ 113, 186
Tobacco Compliance Civil Penalty ................................................................................................................... 113
Family Mart ......................................................................................................................................... 186, 289, 307
Family Self-Sufficiency Program .................................................................................................................... 43, 256
Fareway Store .............................................................................................................................................. 113, 186
Fat Tuesday's ....................................................................................................................................................... 349
Federal Communication Commission (FCC) ........................................................................................................... 73
Federal Energy Regulatory Commission ........................................................................................ 12, 304, 348, 376
Federal Legislative Priorities - 2015 ....................................................................................................................... 68
Federally Qualified Health Centers ........................................................................................................................ 73
Federspiel, Trisha ................................................................................................................................................. 283
Fee
Housing Inspection ...................................................................................................................................... 44, 65
Rental License and Inspection ......................................................................................................................... 169
Septage Hauler ................................................................................................................................................ 208
Feist, Jennifer............................................................................................................................................... 106, 107
Feltes, Mike ......................................................................................................................................................... 422
Fenelon Place Residential Historic District .......................................................................................................... 232
Fernandes, Anna .......................................................................................................................................... 328, 351
Ferraro, Rachael .............................................................................................................................. 49, 77, 190, 215
Fidelity Bank & Trust .................................................................................................................... 140, 141, 306, 342
Fiesta Cancun Authentic Mexican Restaurant ..................................................................................................... 349
Fife's Bar ........................................................................................................................................................ 22, 259
Final Plat
Arboretum Development, LLC ........................................................................................................................... 72
Derby Grange Acres ......................................................................................................................................... 109
North Fork Trails No. 5 (Phase II) ..................................................................................................................... 181
Schlosser Place................................................................................................................................................. 285
Siegert’s Place Fifth Addition ....................................................................................................................... 19, 29
Silver Oaks No. 2 .............................................................................................................................................. 362
Vize Place ..................................................................................................................................................... 94, 95
First & Main Bar ................................................................................................................................................... 242
First Financial Asset Management ......................................................................................................................... 18
Fischer Lanes ....................................................................................................................................................... 212
Five Flags Civic Center ............................................. 67, 123, 212, 314, 397, See Civic Center Advisory Commission
Five Year Street Construction Program 2016 - 2020.............................................................................................. 83
Flannery, Robert (Bob) ........................................................................................................................................ 253
Flesher, Shane ..................................................................................................................................................... 233
Book 145 INDEX 451
Flynn Company ...................................................................................................................................................... 45
Fondell Excavating, Inc. vs. City of Dubuque ....................................................................................................... 233
Food Residual Composting ...................................................................................................................................... 1
Four Mounds Foundation .............................................................................................................. 67, 234, 257, 290
Four Mounds HEART Program ............................................................................................................................. 257
Franchise Agreement
Interstate Power and Light Company .................................................................................................................. 9
Maquoketa Valley Electric Cooperative ....................................................................................................... 76, 80
Ordinance accepted by Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy ............................ 28
Franchise Fee .................................................................................. 10, 12, 14, 26, 27, 76, 80, 82, 83, 131, 210, 437
Franchise Fees Litigation...................................................................................................................................... 437
Fransen, Olivia ..................................................................................................................................................... 105
Freiburger, Kevin F. and Lee Ann ......................................................................................................................... 359
Freiburger, William .............................................................................................................................................. 163
Freund, John - Attorney ....................................................................................................................................... 101
Friendly Locust Mart ............................................................................................................................................ 380
Frommelt, Jalee Lynn ..................................................................................................................................... 99, 116
Frommelt, Joan .................................................................................................................................................... 153
Frost, Janna ...................................................................................................................................................... 67, 68
Full Circle Organics, LLC ....................................................................................................................... 112, 145, 146
Fuller vs. City of Dubuque .................................................................................................................................... 376
Fulton Street ................................................................................................................................................ 324, 345
Furuseth, Patricia F. ............................................................................................................................................. 110
G
Gagne, Pam - Treasurer, Tri-State Blind Society .................................................................................................. 340
Gassman, Harry ..................................................................................................................................................... 91
Gaul, Thomas ....................................................................................................................................................... 123
Genie, Jerry .......................................................................................................................................................... 254
Georgetown University Energy Prize ................................................................................................................... 284
Geothermal Heat Pump System (GHEX) .............................................................................................................. 195
German Bank Building ................................................................................................................................. 121, 303
German Bank Building LLLP ................................................................................................................................. 121
Giannakouros, Raki ............................................................................................................................................ 9, 41
Gin Rickey’s .................................................................................................................................................... 36, 290
Glen Oak ................................................................................................................................................................ 95
Golombeski, Bethany ............................................................................................................................................... 9
Gonyier, Jim ......................................................................................................................................................... 396
Goodman, Jeff - Goodman Law, PC ....................................................................................................................... 57
Goodmann, John – Chairperson, Mississippi River Parkway Commission ........................................................... 283
Goodmann, Teri, Assistant City Manager ............................................................................................................ 269
Goodwill Industries .............................................................................................................................................. 345
Gotz, Mary ............................................................................................................................................................... 9
Government Finance Officers Association (GFOA) ...................................................................................... 181, 341
Governor's Justice Department Appropriations Bill .............................................................................................. 69
Grabow, Jo ............................................................................................................................................................. 42
Graf Farm ............................................................................................................................. 121, 197, 199, 207, 316
Graf, Doris A. ....................................................................................................................................... 121, 124, 207
Grand Harbor Resort & Water Park ............................................................................................................. 380, 395
Alcohol Compliance Civil Penalty ..................................................................................................................... 380
Grand River Center .................................................................................................................. 15, 67, 282, 289, 349
Grand Tap ............................................................................................................................................................ 349
Grandview Avenue ................................................................................................................................ 32, 301, 343
Grandview Avenue Flower Gardens .................................................................................................................... 177
Grant
Body Worn Camera - Acceptance .................................................................................................................... 346
Catfish Creek Watershed Management Authority Phase II ............................................................................... 19
EPA Brownfields Area-Wide Planning Program ............................................................................................... 112
452 INDEX Book 145
EPA Education Grant - Air Quality ................................................................................................................ 91
EPA Environmental Protection Agency Environmental Education ................................................................... 258
Midtown Loop & Feeder Grant Certificate of Completion ................................................................................ 68
Sustainable Dubuque Community - Recommendations .................................................................................. 123
Grant Administration
East Central Intergovernmental Association (ECIA) - 5th Amendment to CDBG ............................................. 357
Grant Agreement
#10-R4-VK with the IDNR Trail Project............................................................................................................... 72
AmeriCorps Partners in Learning for 2015-2016 ............................................................................................. 306
Certified Local Government (CLG) Grant Agreement - State Historic Preservation Office ................................ 19
Community Development Block Grant (CDBG) - Four Mounds HEART Program ............................................. 257
Iowa Department of Transportation (IDOT) - County/City Trailhead, Corrected Version ............................... 108
Lead Hazard Control ........................................................................................................................................ 356
Project Concern - Phoenix Housing, a Special Needs Assistance Program (SNAP) .......................................... 207
Resource Enhancement and Protection (REAP) with Iowa Department of Natural Resources (IDNR) - Eagle
Point Park .................................................................................................................................................... 400
Grant Application ................................................................................................................................................... 19
2015 Department of Justice Body-Worn Camera ............................................................................................ 217
2015 Justice Assistance Grant.................................................................................................................. 209, 347
Community Attraction and Tourism (CAT) - National Mississippi River Museum & Aquarium of the Dubuque
County Historical Society ................................................................................................................................. 1
Corporation for National and Community Service - VISTA positions ............................................................... 107
Dubuque Metropolitan Area Transportation Study (DMATS).......................................................................... 156
Eagle Point Park Environmental Restoration Project ....................................................................................... 270
Family Self-Sufficiency ..................................................................................................................................... 255
Fiscal Year 2016 Arts and Culture Special Project Grant funding requests and authorization ........................ 217
Fiscal Year 2016 Purchase of Services.............................................................................................................. 217
Iowa Department of Transportation (IDOT) .................................................................................... 155, 287, 347
Resources Enhancement and Protection (REAP) Annual Plan Update and Grant Application ........................ 270
U.S. Department of Housing and Urban Development (HUD) ................................................................. 107, 249
U.S. Environmental Protection Agency (EPA) .................................................................................................. 412
Grant Award
Assistance to Firefighter’s ................................................................................................................................ 322
Grant Recommendations
Sustainable Dubuque Community ................................................................................................................... 254
Grant Request
Iowa Community Attraction and Tourism (CAT) .................................................................................................. 1
Great Vape, The ........................................................................................................................................... 127, 187
Tobacco Compliance Civil Penalty ................................................................................................................... 127
Greater Downtown Urban Renewal District ........................................................................................................ 369
Greater Dubuque Agriculture and Construction Machinery Manufacturing Community ................................... 112
Greater Dubuque Development Corporation (GDDC) ........................................ 44, 57, 77, 193, 204, 211, 311, 417
Green Industrial Supply, Inc. .................................................................................................................................. 91
Greg Adams, Greg - Acceptance of Resolution No. 98-15 ................................................................................... 109
Gregory, A. Alanda ....................................................................................................................................... 328, 351
Gregory, Matthew ....................................................................................................................................... 290, 310
Gronen Restoration ..................................................................................................................................... 262, 389
Gronen, John ....................................................................................................................................................... 262
Gronen, Mary Mulgrew ............................................................................................................................... 255, 389
Gross, Will .................................................................................................................................................... 106, 107
Grothe, David......................................................................................................................................................... 99
Growing Sustainable Communities Conference ............................................................................................ 73, 340
Gutierrez, Ernesto ................................................................................................................................................ 123
H
Habitat for Humanity ................................................................................................................................... 364, 382
Hall, Robert .......................................................................................................................................... 106, 107, 414
Halle Properties LLC ............................................................................................................................. 288, 324, 345
Book 145 INDEX 453
Halorson, Daisy .................................................................................................................................................... 100
Hamilton, Tom ................................................................................................................................................. 76, 99
Hammerheads Bar and Billiards..................................................................................................................... 36, 186
Hammill, Joyce ..................................................................................................................................................... 356
Hansen, Chad R. ............................................................................................................................................. 70, 181
Happy Joe's Pizza Parlor....................................................................................................................................... 380
Happy's Place Banquet Hall ................................................................................................................................. 415
Hardie, Stephen ........................................................................................................................................... 190, 215
Harmening, Krystal .............................................................................................................................................. 140
Harrington, Karen ................................................................................................................................................ 123
Harris, Charles................................................................................................................................................ 44, 180
Harris, Sarah - Vice President, Workforce Operations - Greater Dubuque Development Corporation (GDDC) .... 44
Hartig Drug ....................................................................................................................... 36, 97, 127, 159, 212, 368
Alcohol Compliance Civil Penalty ..................................................................................................................... 380
Tobacco Compliance Civil Penalty ................................................................................................................... 380
Hartig, Dick .......................................................................................................................................................... 368
Harvard Kennedy School Innovations in American Government ........................................................................... 19
HDR Engineering .................................................................................................................... 33, 135, 170, 171, 302
Healthy Homes Program ...................................................................................................................................... 288
Heartland Development ........................................................................................................................................ 91
Heat Billiards & Grill ............................................................................................................................................. 127
Hefel, Christa - Post-Adoption Support Specialist, Four Oaks/KidsNet ................................................................ 375
Heiar, Dave .......................................................................................................................................................... 153
Helling, Sheryl ...................................................................................................................................................... 283
Helping Services of Northeast Iowa ..................................................................................................................... 234
Henkels, Ellen T. ................................................................................................................................... 190, 214, 215
Hermsen, Jennifer ................................................................................................................................................ 153
Herrig, John............................................................................................................................................................ 65
Hess, Susan .......................................................................................................................................................... 334
Heston, Joan ........................................................................................................................................................ 322
Heston, Rick ......................................................................................................................................................... 322
Hilgendorf, Emily ................................................................................................................................................. 328
Hillary, Dan .................................................................................................................................................. 417, 429
Hills & Dales Childhood Development Center ............................................................................................... 91, 335
Hills & Dales Senior Center .................................................................................................................. 211, 234, 257
Hilton Garden Inn ................................................................................................................................................ 146
Hingtgen, Doris ............................................................................................................................................ 245, 262
Hirschbach Motor Lines, Inc. ......................................................................................................................... 39, 210
Historic Federal Building ............................................................................................... 260, 274, 307, 331, 415, 416
Historic Millwork District ................................................ 57, 58, 59, 60, 61, 282, 429, 430, 431, 432, 433, 434, 438
Historic Preservation Commission
Appeal of Action - 100 Main Street.................................................................................................................. 311
Code of Ordinances Amendment .................................................................................................................... 200
Membership ............................................................................................................................ 190, 215, 310, 328
Minutes Submitted ....................................................................................... 32, 67, 106, 206, 283, 299, 375, 404
Work Plan Progress Report .............................................................................................................................. 145
Hobson, Nicolas ................................................................................................................................... 351, 381, 395
Hockenberry, Nick ............................................................................................................................................... 153
Holiday Inn Dubuque Five Flags ........................................................................................................................... 415
Holliday Drive ...................................................................................................................................................... 345
Holy Ghost School ................................................................................................................................................ 405
Holy Spirit Church ................................................................................................................................................ 272
Home Rule ........................................................................................................................................................... 389
Hometown Bank .......................................................................................................................................... 306, 342
Hometown Cash Advance ............................................................................................................................ 128, 186
Horizon Development Group, Inc. ....................................................................................................................... 328
Horsfield Construction ................................................................................................................................. 353, 379
Hospice of Dubuque ............................................................................................................................................ 375
Hotel Julien Dubuque .................................................................................................................................. 376, 380
454 INDEX Book 145
House of China..................................................................................................................................................... 259
Housing Affordability ........................................................................................................................................... 242
Housing Code Appeals Board
Code of Ordinances Amendment ............................................................................................................ 102, 180
Membership .......................................................................................................................................... 9, 99, 116
Minutes Submitted .................................................................................................................................. 181, 233
Housing Commission
Code of Ordinances Amendment ............................................................................................................ 371, 419
Membership ............................................................................................................. 245, 262, 328, 351, 381, 395
Minutes Submitted .................................................................................................................................. 340, 375
Housing Trust Fund Advisory Committee
Code of Ordinances Amendment .................................................................................................................... 280
Membership ............................................................................................................................ 245, 262, 290, 310
Minutes Submitted .................................................................................................................................. 181, 340
Hoverman, Sr. Carol ............................................................................................................................................. 291
Hub, The .............................................................................................................................................................. 127
HuHot Mongolian Grill ......................................................................................................................................... 349
Human Rights Commission
Code of Ordinances Amendment .................................................................................................................... 265
Membership .........................................................................................................................9, 190, 215, 291, 310
Minutes Submitted ..................................................................... 1, 18, 67, 91, 123, 154, 206, 254, 299, 340, 355
Recommendation Submittal ............................................................................................................................ 436
Hutton, Kathy - Executive Director of St. Stephen’s Food Bank .......................................................................... 299
Hy-Vee .............................................................................................................................. 9, 113, 186, 242, 349, 415
Gas ................................................................................................................................................... 113, 186, 349
Market Café ............................................................................................................................................... 74, 272
Wine & Spirits .......................................................................................................................................... 159, 186
I
Ichiban Hibachi .................................................................................................................................................... 146
IIW P.C. .................................................................................................................................237, 238, 341, 412, 425
Improvement Contracts / Performance, Payment and Maintenance Bonds....... 126, 146, 185, 211, 242, 272, 306,
379, 414, 428
Inclusive Dubuque .......................................................................................................... 44, 211, 282, 298, 355, 374
Indiana Court ....................................................................................................................................................... 300
I-Net ....................................................................................................................................................................... 73
Inspire Cafe .......................................................................................................................................................... 415
Instant Replay ...................................................................................................................................................... 428
Insurance Service Office ...................................................................................................................................... 254
Integrity Insurance ............................................................................................................................................... 140
Interactive Kiosks ................................................................................................................................................... 19
Internal Revenue Service Audit - 2013 ................................................................................................................ 394
International City/County Management Association (ICMA) ........................................................ 36, 123, 139, 355
Interstate Power and Light Company ...................................................................... 9, 10, 82, See Alliant Energy Co.
Investment Oversight Advisory Commission
Code of Ordinances Amendment .................................................................................................................... 178
Membership ................................................................................................................................ 49, 77, 190, 215
Minutes Submitted .................................................................................................................... 45, 140, 269, 389
Iowa 32 Hike-Bike Trail .......................................................................................................................... 72, 260, 295
Iowa Community Attraction and Tourism ............................................................................................................... 1
Iowa Department of Natural Resources (IDNR) 69, 72, 163, 167, 168, 194, 195, 196, 242, 270, 300, 312, 376, 400,
411, 427
Iowa Department of Public Health ...................................................................................................................... 288
Iowa Department of Revenue ............................................................................................................................. 376
Iowa Department of Transportation (IDOT) ... 19, 32, 33, 34, 35, 108, 154, 155, 238, 239, 243, 275, 287, 290, 305,
347, 353, 363, 364, 382, 390, 412, 413, 414, 417
Iowa Economic Development Authority (IEDA) ...................... 38, 39, 73, 91, 92, 124, 156, 209, 210, 271, 293, 358
Iowa Erosion Control, Inc ............................................................................................................. 104, 105, 126, 357
Book 145 INDEX 455
Iowa Finance Authority ................................................................................. 148, 165, 169, 220, 281, 283, 401, 402
Iowa Flood Mitigation Board ............................................................................................... 135, 170, 171, 172, 303
Iowa Gas Utility Company, LLC .............................................................................. 26, 28, 83, See Black Hills Energy
Iowa Hwy 32 ................................................................................................................................................ 260, 295
Iowa League of Cities ................................................................................................................................... 105, 389
Iowa State University ................................................................................................................................... 260, 274
Iowa Street Market ...................................................................................................................................... 186, 395
Iowa Welcome Center ......................................................................................................................................... 349
Iowa Works .......................................................................................................................................................... 388
Iowa’s Clean Air Attainment Program (ICAAP) .................................................................................................... 347
Irish Hooley Music Festival .................................................................................................................................. 159
Irrevocable License
1000 Main Street ............................................................................................................................................... 45
Irvin, Mike ............................................................................................................................................................ 101
Isborn Avenue ...................................................................................................................................................... 394
ITC Midwest, LLC .......................................................................................................................................... 254, 284
J
Jackson County .................................................................................................................................................... 153
Jackson Park Neighborhood ................................................................................................................................ 321
Jackson Street ............................................................................................................... 46, 48, 69, 77, 365, 382, 424
Jackson, Fred Tuckpointing Co., Inc. .................................................................................................................... 140
Jacobson, Ben, Telegraph Herald Newspaper ..................................................................................................... 122
Jacobson, Brian ...................................................................................................................................................... 18
James Madison, LLC ..................................................................................................................................... 121, 303
James, Reverend Lindsay ............................................................................................................................. 190, 215
Jansen, Mike - IIW Surveyors ................................................................................................................................. 49
Java Joe’s Coffee House ....................................................................................................................................... 415
JC Real Estate ....................................................................................................................................................... 123
JD & C, LLC ........................................................................................................................................................... 430
JELD-WEN .............................................................................................................................................................. 57
Jenk Enterprises, Inc. ........................................................................................................................................... 330
Jester, William and Kathleen ............................................................................................................................... 301
JLD Investments, LLC .................................................................................................................................... 291, 292
Jochum, Jeffrey ................................................................................................................................................ 37, 49
Jochum, Senator Pam .......................................................................................................................................... 389
Johanningmeier, Rose ............................................................................................................................................ 32
John F. Kennedy Road .......................................................................................................................................... 288
Johnson, Lisa .......................................................................................................................................................... 42
Johnson, Shila .................................................................................................................................................. 67, 68
Joliet Building Corporation ............................................................................................................................ 74, 127
Jones County ........................................................................................................................................................ 153
Jubeck New World Brewing ................................................................................................................................. 212
Jule Transit ................................................................ 20, 44, 154, 160, 179, 209, 216, 299, 305, 324, 345, 418, 422
Jumpers Sports Bar & Grill ................................................................................................................................... 380
Jumpin' Jane's ...................................................................................................................................................... 380
Justice Assistance Grant .............................................................................................................................. 209, 347
K
Kalmes Breaktime Bar and Grill ........................................................................................................................... 159
Kaufmann, Darlene .............................................................................................................................................. 140
Kedley, Jill .................................................................................................................................................... 328, 351
Kelchen, Beth - Project Director, Retired and Senior Volunteer Program ........................................................... 106
Kelley, Stephen D. ........................................................................................................................................ 311, 312
Keywest Conoco .................................................................................................................................................. 242
Kickoff to Summer ............................................................................................................................................... 147
King, Brad - Lord Cultural Resources .................................................................................................................... 293
456 INDEX Book 145
Kintzinger, Charles ............................................................................................................................................... 100
Kivlahan Farms L.C. ...................................................................................................................... 125, 313, 410, 411
Klauer, Jeff ........................................................................................................................................................... 368
Klein, Debra - Vice President, Mental Health America of Dubuque County ........................................................ 139
Klein, Steven .......................................................................................................................................................... 45
Kluesner, Mathew J. ............................................................................................................................................ 121
Kluesner, Sarah E. ................................................................................................................................................ 121
Kmart ........................................................................................................................................................... 147, 187
Knickers Saloon .................................................................................................................................................... 259
Koch, David .................................................................................................................................................. 310, 328
Kohnen, Ashley .................................................................................................................................................... 233
Konnexion Dubuque, The .................................................................................................................................... 187
Tobacco Compliance Civil Penalty ................................................................................................................... 325
Kosel, Gwen ......................................................................................................................................................... 153
Kowalski, Craig ............................................................................................................................................. 375, 376
Krapfl, Nancy ....................................................................................................................................................... 321
Kronlage, Julie ...................................................................................................................................................... 123
Kueny Architects .................................................................................................................................................. 418
Kunkel and Associates ........................................................................................................................................... 28
Kwiecinski, Scott - Development Manager, Horizon Development Group, Madison, WI .................................... 328
Kwik Star .............................................................................................................................................. 186, 187, 212
Kwik Stop ...................................................................................................... 113, 114, 127, 187, 242, 349, 363, 395
Kwik Stop Food Mart ........................................................................................................................... 272, 395, 415
L
L. May Restaurant ................................................................................................................................................ 349
Laaker, Joel ............................................................................................................................................................ 91
Lake Eleanor Road ......................................................................................................................... 35, 331, 353, 379
Landis, Dick .......................................................................................................................................................... 334
Lang, Ken ............................................................................................................................................................. 322
Larson, Dale ......................................................................................................................................................... 154
Lawson, Lisa ................................................................................................................................................. 190, 215
Leach, Joel and Andrea ................................................................................................................................ 324, 345
Lead-Based Paint Hazard Control Program .......................................................................................................... 249
Lease Agreement
Burlington Trailways - Intermodal Transit Center ............................................................................................ 272
Burlington Trailways - Intermodal Transportation Center ............................................................................... 291
Iowa State University - Historic Federal Building ..................................................................... 260, 274, 307, 331
Storybook Hill Children's Zoo Boosters - Renewal ........................................................................................... 123
Tri-State Modelers - Renewal ............................................................................................................................ 73
Lee, Phyllis ....................................................................................................................................................... 37, 49
Legislative Correspondence ................................................................................................................................... 69
Leibold Irrigation, Inc. .................................................................................................................................. 369, 370
Leick, Mary .......................................................................................................................................................... 154
Lenane, Shane P......................................................................................................................................... 48, 49, 77
Levasseur, Alison G. ................................................................................................................................... 48, 49, 77
Leytem, Sheri ....................................................................................................................................................... 154
Library Board of Trustees
Membership ................................................................................................................. 76, 99, 190, 215, 245, 262
Minutes Submitted .......................................... 1, 45, 106, 123, 140, 154, 206, 254, 269, 283, 322, 355, 389, 422
Report Submitted ....................................................................................................... 32, 233, 254, 355, 375, 404
Lift, The ................................................................................................................................................ 186, 212, 272
Alcohol Compliance Civil Penalty ..................................................................................................................... 186
Light Emitting Diode .............................................................................................................................................. 11
Lightcap, Joel ............................................................................................................................... 328, 351, 417, 429
Limited Term Engineering Technician .................................................................................................................. 255
Lina's Thai Bistro .................................................................................................................................................. 114
Linseed Oil Paintworks Building ................................................................................................................... 123, 124
Book 145 INDEX 457
Lipper, Shawna ...................................................................................................................................................... 18
Lock and Dam No. 11 ........................................................................................................................................... 348
LoGuidice, Maryann - Crop Walk Committee Chairperson .................................................................................. 322
Lohrmann, Carrie ......................................................................................................................................... 328, 351
Long John Silver’s Restaurant .............................................................................................................................. 288
Long Range Planning Advisory Commission
Code of Ordinances Amendment .................................................................................................................... 337
Fiscal Year 2016 - 2020 Capital Improvement Program ..................................................................................... 81
Membership .................................................................................................................................... 190, 273, 291
Minutes Submitted .............................................................................................................. 18, 67, 299, 375, 389
Long, Jacob ........................................................................................................................................ 18, 65, 78, 118
Loras Boulevard ..................................................................................................................... 32, 156, 301, 330, 343
Loras College .................................................................................................................................. 91, 147, 209, 380
Lord Cultural Resources ........................................................... 65, 124, 293, See also Arts and Culture Master Plan
Los Aztecas Mexican Restaurant ................................................................................................................. 212, 307
Lot One Bar .......................................................................................................................................................... 311
Lot One, LLC ......................................................................................................................................................... 127
Lounge, The ..................................................................................................................................................... 9, 428
Low and Moderate Income (LMI) ................................................................................................................ 190, 215
Lowell Street ................................................................................................................................................ 235, 272
Lower Main Development, LLC ............................................................................................................................ 123
Low-Impact Development Practices ...................................................................................................................... 54
Low-Income Housing Tax Credit .......................................................................................................................... 169
Luchsinger, Richard ...................................................................................................................................... 245, 262
Lucke, Marla, Iowa Works ................................................................................................................................... 388
Lucky 13 ....................................................................................................................................................... 187, 307
Ludovissy, Stephanie – JA, Heartland Development Director - Tri-State Area....................................................... 91
Lutheran Services in Iowa .................................................................................................................................... 234
Lynn, David .......................................................................................................................................................... 233
Lyons, David - Greater Dubuque Development Corporation (GDDC) Sustainable Innovations Consultant ......... 352
M
Mabusth, Mary ...................................................................................................................................................... 79
Mad Hatter, The .................................................................................................................................................... 48
Maddux, Patrick ............................................................................................................................... 76, 99, 245, 262
Magee, Helene ....................................................................................................................................................... 81
Maiden, Patrick .................................................................................................................................................... 341
Main Street ....................... 39, 45, 97, 117, 123, 209, 212, 232, 246, 247, 311, 341, See also Dubuque Main Street
Main Street Steak and Chophouse ........................................................................................................................ 36
Maloney, Joseph .................................................................................................................................................. 269
Manasseh House Support Services ...................................................................................................................... 208
Maquoketa Valley Electric Cooperative ................................................................................................... 76, 80, 437
Marco's Italian Restaurant ................................................................................................................................... 147
Mario's Italian Restaurant ..................................................................................................................................... 22
Maro, Jerry .............................................................................................................................................. 43, 81, 169
Marquette Hall ................................................................................. 405, See also Sacred Heart Elementary School
Mary’s Inn .................................................................................................................................................... 101, 122
Mary’s Inn - 2750 Balboa Drive ............................................................................................................................ 101
Maryville Construction Company ........................................................................................................................ 410
Mason Dixon Saloon ............................................................................................................................................ 212
Mathias Ham House ............................................................................................................................ 415, 416, 436
Mathy Construction Company ............................................................................................................................... 34
McAleece Complex .............................................................................................................................................. 127
McAndrews, John ................................................................................................................................ 190, 215, 328
McCann’s Service ......................................................................................................................................... 147, 187
McCarthy, Justin .............................................................................................................................. 9, 190, 215, 257
McDermott Brothers Construction ...................................................................................................................... 344
McDermott Excavating ................................................................................................................................ 134, 154
458 INDEX Book 145
McDonald, Dan - Greater Dubuque Development Corporation (GDDC) ............................................................... 57
McDonell, Robert................................................................................................................................. 245, 262, 328
McFadden Family Partnership ............................................................................................................................. 325
McFadden Properties LLP ............................................................................................................................ 264, 324
McGory, Beth - Outreach Coordinator, St. Mark Youth Enrichment Center ........................................................ 181
McMullen, Kathleen ............................................................................................................................................ 190
McNamara, Patrick .......................................................................................................................................... 37, 49
Measles Outbreak .................................................................................................................................................. 40
Mechanical Code Board
Membership ................................................................................................................................ 76, 99, 417, 429
Mediacom Charitable Foundation
Membership ...................................................................................................................................... 37, 417, 429
Mediacom Communications Company ............................................................................................ 1, 112, 126, 154
Mental Health America of Dubuque County ....................................................................................................... 139
Merritt, Laura .............................................................................................................................................. 106, 107
Merz, Brittany ........................................................................................................................................................ 32
Meyer, James ............................................................................................................................................... 106, 107
Meyer, Jason ........................................................................................................................................................ 367
Meyer, Jennifer .................................................................................................................................................... 154
Mi Ranchito Restaurant ................................................................................................................................. 74, 242
Midwest Concrete Inc. .......................................................... 126, 146, 184, 209, 211, 242, 300, 348, 357, 406, 407
Midwest Vapors ................................................................................................................................................... 187
Mihalakis Place No. 2 ........................................................................................................................................... 156
Mihalakis, Louis ........................................................................................................................................... 263, 334
Mihalakis, Phil ...................................................................................................................................................... 331
Military Road ....................................................................................................................................................... 306
Miller Trucking and Excavating .................................................................................................................... 168, 211
Miller, Fred .............................................................................................................................................................. 9
Miller, Richard R. and Gina M. ............................................................................................................................. 157
Miller, Rodney ..................................................................................................................................................... 154
Miller, Thomas ............................................................................................................................................. 106, 107
Miller-Riverview Park................................................................................................................................... 300, 357
Miller-Valentine (MV) Midwest Region ............................................................................................................... 396
Mindframe Theaters .............................................................................................................................................. 97
Mines of Spain Recreation Area .......................................................................................................................... 153
Minnowa Construction, Inc. .................................................................................................................................. 33
Mission of Mercy Dental Clinic ............................................................................................................................ 314
Mission Statement ............................................................................................................................................... 282
Mississippi River .................................................................................................................................................. 322
Mississippi River Trail.................................................................................................... 238, 239, 290, 311, 352, 414
Mississippi River Watershed Report Card ............................................................................................................ 356
Mississippi Riverwalk ........................................................................................................................................... 437
Miyamoto, Michael................................................................................................................................................ 44
M-M&M LLC ................................................................................................................................................ 286, 331
Moeller, Donna ............................................................................................................................................ 404, 422
Molo Oil Company ............................................................................................................................................... 300
Monk, Christina ............................................................................................................................................... 76, 99
Monks Kaffee Pub ........................................................................................................................................ 127, 187
Monroe Street ..................................................................................................................................................... 157
Monthey, Robert ................................................................................................................................................. 206
MoonDog Music ............................................................................................................................................ 36, 187
Moracco, The ....................................................................................................................................................... 428
Morgan, Brad, Alliant Energy ............................................................................................................................... 354
Morrison Brothers, Inc. ........................................................................................................................................ 437
Morrissey, John - 1000 Friends of Iowa ............................................................................................................... 206
Mount Carmel Planned Unit Development ........................................................................................................... 49
Mozena, Diann T. ..................................................................................................................................................... 7
Mozena, Rodney M. ................................................................................................................................................. 7
MRT Route Trailhead ............................................................................................................................................. 35
Book 145 INDEX 459
MSA Professional Services ................................................................................................................................... 414
Mueller, Grace M. ................................................................................................................................ 383, 384, 390
Mueller, Inc. ......................................................................................................................................................... 126
Mueller, Raymond M. .......................................................................................................................... 383, 384, 390
Mueller, Tim ........................................................................................................................................ 233, 254, 263
Mulgrew, Mary Lou ............................................................................................................................................. 255
Mulgrew, Robert J. .............................................................................................................................................. 255
Mullen vs. City of Dubuque ................................................................................................................................... 18
Multicultural Family Center ................................................................................................. 108, 170, 335, 379, 436
Murph's Tap ......................................................................................................................................................... 290
Mystique Casino ............................................................................................................... 65, 97, 158, 187, 242, 272
Mystique Community Ice Center ......................................................................................................................... 290
N
N. Grandview Avenue .......................................................................................................................................... 233
National Fire Protection Agency ............................................................................................................................ 15
National League of Cities (NLC)............................................................................................................ 166, 373, 427
National Mississippi River Museum & Aquarium......................................................................................... 1, 2, 272
National Register Nomination ............................................................................................................................. 232
National Register of Historic Places ................................................................................................................. 19, 32
National Trust Community Investment Corporation ........................................................................................... 389
National Trust for Historic Preservation .............................................................................................................. 389
National Vacant Properties Campaign ................................................................................................................. 390
Nativity School ..................................................................................................................................................... 402
Nauman Nursery, Inc. ............................................................................................................................................ 21
Nebel Jr., Dave ............................................................................................................................................. 149, 161
Neely, Samaria - Outreach Success Coach, Northeast Iowa Community College (NICC) ..................................... 341
Neighbor’s Tap ..................................................................................................................................................... 114
Alcohol Compliance Civil Penalty ..................................................................................................................... 414
Nemmers Cedar Ridge Farm Limited Partnership ......................................................................................... 92, 271
NEXT Campaign (GDDC) ............................................................................................................................... 311, 417
Ney, Andy .............................................................................................................................................................. 79
Noel, Carl ......................................................................................................................................................... 45, 67
Noonan's Tap ....................................................................................................................................................... 114
North Cascade Road ...................................................................................................................... 33, 115, 149, 241
North Cascade Road Developers, LLC .................................................................................................. 107, 360, 376
North End Neighborhood Association ................................................................................................................. 180
Northeast Iowa Community College (NICC) .......................................... 107, 112, 116, 341, 350, 352, 374, 375, 388
Northeast Iowa School of Music .......................................................................................................................... 234
Northridge Ventures LLC ..................................................................................................................................... 144
Northside Bar ......................................................................................................................................................... 36
Norton, Patrick ............................................................................................................................ 100, 331, 396, 421
Novelty Iron Landlord LLC ............................................................................................................................ 105, 424
Novelty Iron Works ...................................................................................................................................... 105, 424
Nutter, Nikkole ........................................................................................................................................................ 9
O
O’Rourke Farms LLC ..................................................................................................................... 110, 111, 157, 158
O’Rourke, Marina .......................................................................................................................................... 44, 340
O’Rourke, Paul ..................................................................................................................................................... 110
Oberbroeckling, Kenneth ....................................................................................................................... 97, 117, 424
Oberbroeckling, Richard A ................................................................................................................................... 426
Oberbroeckling, Ronald L............................................................................................................................. 425, 426
Oberdoerster, Chad ............................................................................................................................................... 41
Officer at Home (OATH) ....................................................................................................................................... 205
Official Proceedings - 2013 .................................................................................................................................. 209
Oky Doky ........................................................................................................................................ 48, 147, 187, 212
460 INDEX Book 145
Old Main Street Historic District .......................................................................................................................... 232
Olive Garden, The ................................................................................................................................................ 127
Oliver, Cindy ........................................................................................................................................................ 206
Olson, Christine Happ ............................................................................................................................................ 67
One (1) Mississippi Campaign .............................................................................................................................. 355
One Hundred Resilient Cities Challenge .............................................................................................................. 418
One Thousand Friends of Iowa ............................................................................................................................ 206
Ooh La La Salon ................................................................................................................................................... 159
Opening Doors Support Services ......................................................................................................... 208, 234, 257
Operation Empower ............................................................................................................................................ 208
Operation New View Community Action Agency ........................................................................................ 211, 340
Board Membership ............................................................................................................................................ 30
Ordinance No.
01-15 Repealing Ordinance No. 58-93 and granting to Interstate Power and Light Company, Its Successors and
Assigns, The Right and Non-Exclusive Franchise to Acquire, Construct, Erect, Maintain and Operate in the
City of Dubuque, Iowa an electric system and to furnish and sell electric energy to the City and its
inhabitants and authorizing the City to collect franchise fees for a period of 25 years................................... 9
02-15 Amending City of Dubuque Code of Ordinances Sec. 11-4-23: Franchise Fee, Authorizing the City
Council to Impose a Franchise Fee Not to Exceed Three Percent (3%) on the Gross Revenue Generated
From the Distribution and Sale of Natural Gas or Mixed Gas By Black Hills/Iowa Gas Utility Company, LLC
D/B/A Black Hills Energy Within the City of Dubuque, by Increasing Such Authority to Five Percent (5%). .. 26
03-15 Amending Title 10 Public Ways And Property, Chapter 5 Parks And Recreation, Article B Use
Regulations by adopting a new Section 10-5B-23 Prohibiting Sledding, Downhill Skiing, Snowboarding or
Tobogganing Except in Certain Designated Areas in Certain City Parks. ....................................................... 14
04-15 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building
Codes, Article D Electrical Code by adopting The National Electrical Code, 2014 Version With Amendments
thereto; and adopting a new Section 14-1D-3 Establishing the Electrical Code Board and Providing for the
Powers, Operation, Membership, and Meetings ........................................................................................... 15
05-15 Amending City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2 Revitalization
Areas, by Adopting a New Section 10 Kunkel and Associates, Establishing the Kunkel and Associates Urban
Revitalization Area, and Establishing Requirements for Qualifying Property Owners ................................... 28
06-15 Amending Dubuque Code of Ordinances, Title 16 Unified Development Code, Chapter 11 Land
Subdivision, Section 16-11-2 Applicability By Amending the Moratorium .................................................... 29
07-15 Amending Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations
10-5b-23 Prohibiting Sledding, Downhill Skiing, Snowboarding or Tobogganing Except in Certain Designated
Areas in Certain City Parks Adding Additional Parks Where Sledding and Other Snow Activities Are
Permitted ....................................................................................................................................................... 30
08-15 Amending Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations
10-5B-23 Prohibiting Sledding, Downhill Skiing, Snowboarding or Tobogganing Except in Certain Designated
Areas in Certain City Parks Adding Additional Parks Where Sledding and Other Snow Activities are
Permitted ....................................................................................................................................................... 38
09-15 Amending Title 16 of Code of Ordinances Unified Development Code by Reclassifying Hereinafter
Described Property Located at 1100 Carmel Drive from R-1 Single-Family Residential to PUD Planned Unit
Development with a PR Planned Residential Designation ............................................................................. 49
10-15 Amending Title 16, The Unified Development Code of Code of Ordinances by Amending Ordinance 02-
12 Which Established Regulations for a PUD Planned Unit Development District with a Planned Commercial
Designation for the Historic Millwork District PUD and now Being Amended to Allow for the Inclusion of
221 & 250 E. 8th Street and 300 E. 9th Street ................................................................................................. 57
11-15 Amending Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations
10-5B-23 Prohibiting Sledding, Downhill Skiing, Snowboarding or Tobogganing Except in Certain Designated
Areas in Certain City Parks Adding Additional Parks Where Sledding and Other Snow Activities are
Permitted ....................................................................................................................................................... 64
12-15 Amending City of Dubuque code of Ordinances Title 6 Health, Housing, Sanitation and Environment,
Chapter 8 Trees and Weeds, Section 6-8-1 Trees and Landscaping by adding Non-Woody Vegetation and
Other Landscaping to the City Manager's authority for the Street tree and Landscaping on Public Right of
Way Policy ..................................................................................................................................................... 64
13-15 Amending City of Dubuque Code of Ordinances Sec. 11-5B-23: Franchise Fee, Which Imposed a
Franchise Fee of Three Percent (3%) on the Gross Revenue Generated from the Distribution and Sale of
Book 145 INDEX 461
Electricity Within the City of Dubuque by Maquoketa Valley Electric Cooperative, by increasing such fee to
five percent (5%) ............................................................................................................................................ 80
14-15 Amending and Restating Ordinance No. 58-03 Establishing a Franchise Fee on the Gross Revenue of
Interstate Power Company, Its Successors and Assigns, Generated From the Sale of Electricity within the
City of Dubuque by Increasing the Franchise Fee to 5% ................................................................................ 82
15-15 Amending and Restating Ordinance No. 59-03, as Amended by Ordinance Nos. 76-03, 8-10, 7-14
Establishing a Franchise Fee of 3% of the Gross Revenue of Peoples Natural Gas Company, its Successors
and Assigns, Generated from the Distribution and Sale of Natural Gas or Mixed Gas Within the City of
Dubuque by increasing the franchise fee to 5% ............................................................................................ 83
16-15 Amending the City of Dubuque Code of Ordinances Sections 13-2C- 3(B) And 13-2C-3(C)(7) Establishing
Basic Sewer Rates for Residential and Commercial Users by increasing the rates ........................................ 84
17-15 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Article A
City or Private Collection Service, Section 13-6A-6 Rates and Charges Established - Exceptions .................. 84
18-15 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and
Services, Article C Rates, Section 13-1C-1(A) Establishing Water Rates for Residential, Commercial,
Industrial, and All Other Uses ........................................................................................................................ 86
19-15 Amending the Code of Ordinances Title 13 Public Utilities Chapter 1 Water Use and Service, Article C
Rates Section 13-1C-2 Fixing Water Rates for Fire Sprinkler Service ............................................................. 86
20-15 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking,
Division 1 Generally, Section 9-14-321.621 Parking Violations, Fines, Division 2 Municipal Parking Ramps,
Section 9-14-321.636 Parking Time Restricted, Reserved Spaces, Division 3 Municipal Parking Lots, Section
9-14-321.645 Meters, Time and Fee Schedule for Specific Lots, Division 4 Parking Meters, Section 9-14-
321.667 Fee Schedule by Setting the Parking Rates for Meters, Lots, and Ramps, and Division 6 Parking
Spaces for the Disabled, Section 9-14-321.704 Disability Signs Required ..................................................... 88
21-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing
for the approval of an Amended Campus Development Plan for the Clarke University ID Institutional
District to allow expansion of recreation fields an installation of new lights north of the Student Activity
Center .......................................................................................................................................................... 100
22-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 2750 Balboa Drive from R-1 Single-Family
Residential District to R-3 Moderate Density Multi-Family Residential District with conditions as established
in the attached Memorandum of Agreement ............................................................................................. 101
23-15 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment,
Chapter 6 Housing Regulations by Repealing Section 6-6-8 Housing Code Appeals Board and Adopting A
New Section 6-6-8 Housing Code Appeals Board in Lieu Thereof Establishing the Housing Code Appeals
Board, Providing for the Powers, Operation, Membership, and Meetings, and Reducing Membership From
Seven (7) Residents To Five (5) Residents .................................................................................................... 102
24-15 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment,
Chapter 6 Housing Regulations, Section 6-6-7 Licenses and Inspections by changing the program name
from Crime Free Multi-Housing to Successful Rental Property Management ............................................. 104
25-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code by
reclassifying hereinafter described property located at 1072 Locust Street from OR Office Residential
District to OC Office Commercial District ..................................................................................................... 133
26-15 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and
Recreation, Article B Use Regulations, Section 10-5B-4 Dogs, Cats and Other Domestic Animals by
correcting the Title to Subsection A ............................................................................................................. 135
27-15 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 11 School
Buses to Mirror the State Code ................................................................................................................... 136
28-15 Amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 4 General Penalty,
Section 1-4-1 General Penalty by eliminating imprisonment as a penalty for misdemeanor violations ..... 138
29-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 3 Investment
Oversight Advisory Commission, Section 2-3-12 Removal, by Eliminating the Public Hearing Requirement
for Removal of a Commissioner ................................................................................................................... 178
30-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 6
Environmental Stewardship Advisory Commission, Section 2-6-12 Removal, by eliminating the public
hearing requirement for removal of a commissioner .................................................................................. 178
31-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 8 Arts and
Cultural Affairs Advisory Commission, Section 2-8-12 Removal, by eliminating the public hearing
requirement for removal of a commissioner ............................................................................................... 179
462 INDEX Book 145
32-15 Amending Code of Ordinances Title 5 Transit System, Chapter 1 Transit Advisory Board, Section 5-1-12
Removal, by eliminating public hearing requirement for removal of member. .......................................... 179
33-15 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building
Codes, Article D Electrical Code, Section 14-1D-3 Electrical Code Board, by eliminating the public hearing
requirement for removal of a member. ...................................................................................................... 179
34-15 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment,
Chapter 6 Housing Regulations, Section 6-6-8 Housing Code Appeals Board, by eliminating the public
hearing requirement for removal of a commissioner. ................................................................................. 180
35-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
Amending Article 5-21.3 Agricultural District and 8-5.10 Zoning Board of Adjustment Applications and
Procedures to allow quarries as a conditional use in the AG Agricultural District. ...................................... 162
36-15 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and
Recreation, Article B Use Regulations, by Repealing Section 10-5B-23 Sledding and Other Snow Activities
Prohibited. ................................................................................................................................................... 177
37-15 Amending the City of Dubuque Code of Ordinances by Deleting Section 16-11-20: Water Supply and
Adopting the Following New Section 16-11-20: Water; Section 16-11-20-1:Definitions; Section 16-11-20-2:
Water Supply; Section 16-11-20-3: Geothermal Well Standards; and Section 16-11-20-4: Water Well Supply
System. ........................................................................................................................................................ 193
38-15 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and
Recreation, Article A Administration by repealing Section 10-5A-1 Park Rangers as park rangers are no
longer Certified Law Enforcement Officers. ................................................................................................. 249
39-15 Amending Ordinance No. 10-14, Previously Amended, Providing That General Property Taxes Levied
and Collected Each Year On All Property Located Within the Amended and Restated Dubuque Industrial
Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque,
State of Iowa, by and for the Benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque
Community School District, and Other Taxing Districts, be Paid to a Special Fund for Payment of Principal
and Interest on Loans, Monies Advanced to and Indebtedness, Including Bonds Issued or to be Issued,
Incurred by Said City in Connection With the Amended and Restated Dubuque Industrial Center Economic
Development District Urban Renewal Redevelopment Project. .................................................................. 197
40-15 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 10 Historic
Preservation Commission Applications and Procedures by establishing the Historic Preservation
Commission and Providing for the Powers, Operation, Membership, Meetings, and Applications and
Procedures. .................................................................................................................................................. 201
41-15 Amending Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article A
Building Code and Regulations by adopting a new Section 14-1A-6 Establishing the Building Code and
Advisory Appeals Board and Providing for the Powers, Operation, Membership, and Meetings. .............. 218
42-15 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 3
Encroachments on Public Places, Article E 1 Definitions and 2 Authorization B, by changing the definition
and districts in which sidewalk cafes are prohibited. .................................................................................. 250
43-15 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 9 Zoning
Advisory Commission Applications and Procedures by repealing Section 16-9-1 Zoning Advisory
Commission and adopting a new Section 16-9-1 Zoning Advisory Commission in lieu thereof Establishing
the Zoning Advisory Commission, Providing for the Powers, Operation, Membership, and Meetings. ...... 251
44-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 101 E. 15th Street from R-2A Alternate Two-Family
Residential District to OC Office Commercial District. ................................................................................. 262
45-15 Amending City of Dubuque Code of Ordinances Title 8 Human Rights by repealing Chapter 2 Human
Rights Commission and adopting a new Chapter 2 Human Rights Commission in lieu thereof Establishing
the Human Rights Commission and Providing for the Powers, Operation, Membership, and Meetings. ... 265
46-15 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building
Construction, Demolition and Moving, Section 14-2-4 Moratorium for Construction or Other Work on
Certain Streets, Areas, or Facilities by Extending the Moratorium .............................................................. 276
47-15 Amending the City of Dubuque Code of Ordinances Title 16 Unified Development Code Chapter 13 Site
Design Standards, Section 16-13-2 Applicability by Extending the Moratorium ......................................... 276
48-15 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code Chapter 9 Zoning
Advisory Commission Applications and Procedures, Section 16-9-5-3 City Council Action by Extending the
Moratorium ................................................................................................................................................. 276
49-15 Amending Dubuque Code of Ordinances, Title 16 Unified Development Code, Chapter 11 Land
Subdivision, Section 16-11-2 Applicability by Amending the Moratorium. ................................................. 276
Book 145 INDEX 463
50-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions by Repealing Chapter
11 Cable Television Commission and Adopting a New Chapter 11 Cable Television Commission in Lieu
Thereof Establishing the Cable Television Commission and Providing for the Powers, Operation,
Membership, and Meetings. ........................................................................................................................ 278
51-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing
Agency and Community Development Commissions, Article D Trust Fund Advisory Committee by Repealing
Section 2- 5D-6 Committee Established; Membership; Functions and Adopting a New Section 2-5D-6
Housing Trust Fund Advisory Committee in Lieu Thereof Establishing the Trust Fund Advisory Committee
and Providing for the Powers, Operation, Membership, and Meetings. ..................................................... 280
52-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
Reclassifying Hereinafter Described Property Located at 900 Seippel Road from CSc Commercial Service
and Wholesale District with Conditions to CSc Commercial Service and Wholesale District with Conditions
as Established in the Attached Memorandum of Agreement. ..................................................................... 291
53-15 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 8 Zoning
Board of Adjustment Applications by Repealing Section 16-8-1 Zoning Board of Adjustment and Adopting a
New Section 16-8-1 Zoning Board of Adjustment in Lieu Thereof Establishing the Zoning Board of
Adjustment, Providing for the Powers, Operation, Membership, and Meetings. ....................................... 296
54-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
Amending Articles 16-5-2-2 (R-1), 16-5-3-2 (R-2) 16-5-4.3 (R-2A), 16-5-5.3 (R-3) and 16-5-6.3 (R-4), 16-5-7.3
(OR) and 16-5-9.3 (OC) to establish maximum area and height requirements for residential freestanding
solar arrays. ................................................................................................................................................. 293
55-15 Amending Ordinance No. 39-15, Previously Amended, providing that general property taxes levied and
collected each year on all property located within the Amended And Restated Dubuque Industrial Center
Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of
Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque
Community School District, and other taxing districts, be paid to a special fund for payment of principal and
interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred
by said City in connection with the Amended and Restated Dubuque Industrial Center Economic
Development District Urban Renewal Redevelopment Project. .................................................................. 314
56-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions by Repealing Chapter 2
Civil Service Commission and Adopting a New Chapter 2 Civil Service Commission in Lieu Thereof
Establishing the Civil Service Commission and Providing for the Powers, Operation, Membership, and
Meetings. ..................................................................................................................................................... 318
57-15 Amending Code of Ordinances Title 2 Boards and Commissions by Repealing Chapter 9 Sister City
Relationships Advisory Commission and Adopting a New Chapter 9 Sister City Relationships Advisory
Commission in Lieu Thereof Establishing the Sister City Relationships Advisory Commission and Providing
for the Powers, Operation, Membership, and Meetings. ............................................................................ 320
58-15 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by
Reclassifying Hereinafter Described Property Located at 3275 Pennsylvania Avenue From R-1 Single-Family
Residential District To PUD Planned Unit Development District With a PR Planned Residential District
Designation, and Adopting a Conceptual Development Plan for Applewood Senior Housing Phase IV. ..... 328
59-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 412 Loras Blvd. from OR Office Residential District
to OC Office Commercial District. ................................................................................................................ 330
60-15 ................................................................................................................................................... Unassigned
61-15 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building
Codes, Article H Plumbing Code by adopting a new Section 14-1H-7 Establishing the Plumbing Code Board
and providing for the powers, operation, membership, and meetings. ...................................................... 336
62-15 Amending City of Dubuque Code of Ordinances Title 15 Planning and Zoning by Repealing Chapter 2
Long Range Planning Advisory Commission and adopting a Chapter 2 Long Range Planning Advisory
Commission in lieu thereof establishing the Long Range Planning Advisory ............................................... 338
63-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing
for the approval of an Amended Campus .................................................................................................... 366
64-15 Amending Title 16 of the City of Dubuque Code Of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 3507 Keystone Drive from R-1 Single-Family
Residential District to R-2 Two-Multi-Family Residential District. ............................................................... 367
65-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 1660, 1670, and 1690 University Avenue From R-2
Two-Family Residential District to C-2 Neighborhood Shopping Center District. ........................................ 368
464 INDEX Book 145
66-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions by repealing Chapter 4
Civic Center Advisory Commission and adopting a new Chapter 4 Civic Center Advisory Commission in lieu
thereof establishing the Civic Center Advisory Commission and providing for the powers, operations,
membership and meetings. ......................................................................................................................... 370
67-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing
Agency and Community Development Commissions by repealing Article B Housing Commission and
adopting a new Article B Housing Commission in lieu thereof establishing the Housing Commission and
providing for the powers, operation, membership, and meetings. ............................................................. 372
68-15 Providing that general property taxes levied and collected each year on all property located within the
English Ridge Housing Urban Renewal Area, in the City of Dubuque, County of Dubuque, State of Iowa, by
and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School
District and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans,
monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in
connection with said Urban Renewal Redevelopment Project.................................................................... 385
69-15 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 8 Zoning
Board of Adjustment Applications by removing duplicate sections and renumbering the sections
accordingly. .................................................................................................................................................. 386
70-15 Amending Title 16 of the Code of Ordinances, Unified Development Code, by reclassifying hereinafter
described property located at northwest corner of Asbury Road and Evergreen Drive from R-1 Single-
Family Residential District to R-2 Two-Family Residential District. .............................................................. 396
71-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at the northwest corner of University Avenue and Alta
Vista Street from R-2 Two-Family Residential District to OR Office Residential District. ............................. 396
72-15 Amending Ordinance No. 68-15 Approving the Urban Renewal Plan for the English Ridge Housing
Urban Renewal Area to correct the legal description contained in the Ordinance and the Urban Renewal
Plan for the English Ridge Housing Urban Renewal Area. ........................................................................... 397
73-15 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 3
Encroachments on Public Places, Article D other Encroachments, Section 10-3D-2 Permit Requirements;
Fees to clarify how fees are set and for consistency with other codes. ...................................................... 418
74-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing
Agency and Community Development Commissions, Section 2-5B-5 Membership by reducing the number
of cross representatives to be consistent with the Housing Trust Fund Advisory Committee. ................... 419
75-15 Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by
rescinding Ordinances 02-12, 38-13, and 10-15 which established regulations for a PUD Planned Unit
Development District with a Planned Commercial Designation for the Historic Millwork District PUD and
now being amended to allow for the development of a new parking lot at the northwest corner of 11th
and Elm Streets. ........................................................................................................................................... 430
76-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 2222 Queen Street from R-2A Alternate Two-Family
Residential District to OR Office Residential District.................................................................................... 434
O'Rourke Farm, LLC ............................................................................................................................................. 158
Orwoll, Greg................................................................................................................................................... 44, 139
P
Padre Pio Health Care Center ...................................................................................................................... 392, 393
Palmer, Andy ....................................................................................................................................................... 133
Palmer, Robert - Legislative Counsel ................................................................................................................... 389
Panchero's Mexican Grill ..................................................................................................................................... 114
Paradise Distilling Company ................................................................................................................................ 147
Paragon Square ........................................................................................................................................... 402, 405
Paragon Square Senior Housing, LLLP - Former Holy Ghost School ..................................................................... 405
Park and Recreation Advisory Commission ......................................................................................................... 437
Membership ............................................................................................................................................ 190, 215
Minutes Submitted ................................................................................. 1, 32, 154, 181, 254, 269, 340, 375, 422
Parker, Madonna ......................................................................................................................................... 206, 233
Parking Meter Serviceworker .............................................................................................................................. 363
Parking System Technician .......................................................................................................................... 304, 363
Parks to People ............................................................................................................................................ 122, 153
Book 145 INDEX 465
Parks, Bryce ................................................................................................................................................. 190, 215
Paro Food Mart ............................................................................................................................................ 127, 243
Paul's Tavern ........................................................................................................................................................ 212
Peacock, Robert (Bob) ......................................................................................................................................... 417
Pennsylvania Avenue ................................................................................................................... 156, 328, 347, 400
Peoples Natural Gas.................................................................................... 26, 83, 313, See Black Hills Cooperative
Peosta Feed High Pressure Natural Gas Main ....................................................................................................... 93
Pepper Sprout, Inc. .............................................................................................................................................. 415
Permits Plus Software .......................................................................................................................................... 427
PetData, Inc. ........................................................................................................................................................ 108
Peterson, Danyiel ............................................................................................................................................. 67, 68
Petition
Citizen - Requesting constructing a cul-de-sac at the end of Isborn Ave. ........................................................ 394
Northwest Corner of Elm and 11th Streets - Off Street Parking ...................................................................... 429
Overhead Electrical Transmission Facilities – ITC Midwest, LLC ...................................................................... 231
Paragon Square - Urban Revitalization District Designation (Holy Ghost School) ........................................... 402
Requesting Additional Lighting - Jackson Park Neighborhood ......................................................................... 321
Severance Request - Stephen Kelley, 6900 Asbury Road ................................................................................. 312
University Lofts - Urban Revitalization Designation (Nativity School) ............................................................. 402
Urban Revitalization Area Designation - Cohen-Esrey Affordable Partners - Former Sacred Heart Elementary
School, Being Called Marquette Hall, at 2222 Queen Street ....................................................................... 401
Urban Revitalization Area Designation – Horizon, 60 Unit Affordable Senior Housing Development at 3275
Pennsylvania Avenue Titled Applewood IV .................................................................................................. 400
Vacating - Alley Between Main Street and Salina Street ................................................................. 212, 246, 247
Pettit, Don............................................................................................................................................................ 341
Pfohl, Kevin .................................................................................................................................................. 149, 161
Phillips 66/Arby’s ......................................................................................................................................... 187, 325
Pier Pressure Marine IA, Inc......................................................................................................................... 107, 124
Pillar Design Studios ............................................................................................................................................ 294
Pinot's Palette Dubuque .......................................................................................................................................... 9
Pioneers Rest Stop ....................................................................................................................................... 186, 187
Pizza Hut ........................................................................................................................................................ 22, 428
Alcohol Compliance Civil Penalty ............................................................................................................. 127, 415
Plan
2016-2020 Consolidated Plan for Housing and Community Development ..................................................... 265
Catfish Creek Watershed Management ........................................................................................................... 293
Delta Dental Voluntary Dental ......................................................................................................................... 322
Dubuque Industrial Center Urban Renewal - Amendment .............................................................. 192, 261, 310
English Ridge Housing Urban Renewal Area - Correction of Legal Description within Urban Renewal ........... 397
Greater Downtown Urban Renewal District - Urban Renewal Amendment ................................................... 327
Housing Choice Voucher Administrative ......................................................................................................... 177
North Cascade Road Housing - Urban Renewal Amendment .......................................................................... 115
Proposed Housing Choice Voucher/Section 8 Administrative ......................................................................... 394
Restated Plan Document & Summary Plan Description for Point of Service Health Care ............................... 346
Water & Resource Recovery Center - Nutrient Reduction .............................................................................. 312
Planned Unit Development ........................................................................ 49, 50, 57, 161, 216, 329, 330, 331, 430
Plat of Survey
1421 Elm Street, Angie’s Place......................................................................................................................... 145
City Property at Curtis Street and Bryant Street .............................................................................................. 157
Dolter Place No. 2 ............................................................................................................................................ 425
Lot 1 and 2 of Dubuque Industrial Center South Second Addition .................................................................. 425
Mihalakis Place No. 2 ....................................................................................................................................... 156
Plaza 20 BP/Amoco ...................................................................................................................................... 187, 395
Pline, William ............................................................................................................................................... 269, 270
Port of Dubuque .................................................................................................................................................. 107
Port of Dubuque Marina ................................................................................................................................ 64, 341
Portzen Construction ......................... 77, 78, 126, 167, 186, 193, 242, 294, 295, 306, 352, 353, 356, 414, 417, 422
Portzen, George ................................................................................................................................................... 101
Powers, Jan - Greater Dubuque Development Corp ............................................................................................ 283
466 INDEX Book 145
Pre-Annexation Agreement .............................................................................................................. See Annexation
Precision Tool & Engineering, Inc. ....................................................................................................................... 359
Pregler, John ........................................................................................................................................ 190, 215, 421
Preliminary Plats ............................................................................................................................................ 46, 183
Premier Bank ........................................................................................................................121, 141, 303, 306, 342
Preston, Brian ...................................................................................................................................................... 153
Price, Susan .................................................................................................................................................. 310, 328
Priebe, Judith J. ............................................................................................................................................ 285, 286
Priebe, Thomas J. ......................................................................................................................................... 285, 286
Proclamations
Adoption Month (November 2015) ................................................................................................................. 375
Americans with Disabilities Act (ADA) 25th Anniversary (July 26, 2015) ......................................................... 254
Apples for Students Months (June/July 2015) ................................................................................................. 181
Arts and Humanities Month (October 2015) ................................................................................................... 340
Autism Awareness Month (April 2015) .............................................................................................................. 91
Bike to Work Week (May 11-15, 2015) ............................................................................................................ 139
Camp Lifetree Week (June 21-27, 2015) .............................................................................................................. 1
Community Days of Caring Weekend (April 24 & 25, 2015) ............................................................................ 123
Community Development Week (April 6-11)................................................................................................... 106
Crop Walk Day (October 4, 2015) .................................................................................................................... 322
Days of Peace and Ceasefire (September 11-29, 2015) ................................................................................... 299
Drive the Great River Road Month (September 2015) .................................................................................... 283
Dubuque County Fair Week (July 28-August 2, 2015) ..................................................................................... 254
Dubuque Yoga Festival Weekend (May 1-3, 2015) .......................................................................................... 123
DuRide in Service to Older Americans Month (May 2015) .............................................................................. 139
Gentlemen Day (October 21, 2015) ................................................................................................................. 355
Head Start Day (October 14, 2015) .................................................................................................................. 340
Health Center Week (August 9-15, 2015) ........................................................................................................ 269
Historic Preservation Month (May 2015) ........................................................................................................ 139
Hospice Month (November 2015) ................................................................................................................... 375
Hunger Action Awareness Day (September 19, 2015) ..................................................................................... 299
Hunger and Homelessness Awareness Month (November 2015) ................................................................... 355
Juneteenth Celebration Day (June 20, 2015) ................................................................................................... 181
Junior Achievement Day (April 2, 2015) ............................................................................................................ 91
Kids to Parks Day (May 16, 2015) .................................................................................................................... 139
Laughter Day (May 4, 2015)............................................................................................................................. 123
LGBT+ Pride Month (June 2015) ...................................................................................................................... 181
Mayor's Day of Recognition for National Service (April 7, 2015) ..................................................................... 106
Mental Health Month (May 2015) ................................................................................................................... 139
Mississippi River Cities and Towns Initiative .................................................................................................... 355
National Arts Advocacy Day (March 23, 2015) .................................................................................................. 91
Peace Officers Memorial Week (May 10-16, 2015) ......................................................................................... 139
Public Works Week (May 17-23, 2015)............................................................................................................ 154
Smart Money Week (April 18 - 25) .................................................................................................................. 106
Trick-or-Treat Night (October 31, 2015) .......................................................................................................... 340
Welcome Back Students Weeks (August 17-28, 2015) .................................................................................... 283
White Cane Safety Day (October 15, 2015) ..................................................................................................... 340
Program
C.H.A.N.G.E. Program .............................................................................................................................. 205, 273
Environmental Protection Agency (EPA) - Funded Water Infrastructure Resiliency Finance Center Pilot ...... 427
Five Year Street Construction, 2016 - 2020 ....................................................................................................... 83
International City/County Management Association (ICMA) Fellowship Exchange ........................................ 123
Iowa Flood Mitigation Program Amendment No. 1 ......................................................................................... 134
Officer at Home (OATH) ................................................................................................................................... 250
Project Concern - Special Needs Assistance .................................................................................................... 207
Rental Property Licensing and Role Inspection.................................................................................................. 87
Rental Property Management ......................................................................................................................... 104
U.S. Department of Housing and Urban Development (HUD) Lead and Health Homes .................................. 249
Project
Book 145 INDEX 467
2014 Asphalt Overlay Project Curb Access Ramp Phase Three........................................................................ 209
2014 Pavement Marking .................................................................................................................................... 34
2015 Access Ramp Installation ................................................................................................................ 126, 184
2015 Bridge Repairs and Maintenance ............................................................................................ 214, 246, 264
2015 Pavement Marking .................................................................................................................................. 255
2015 SCADA (Flow Metering Stations) Manhole Installation........................................................................... 397
429 Rhomberg Avenue .................................................................................................................................... 236
610 Wilbur Street Deconstruction ........................................................................................................... 255, 391
Acceptance of Asphalt Overlay Access Ramp .......................................................................................... 406, 407
Acceptance of Fire Station #4 Improvements - Mechanical & Restroom Upgrade ......................................... 410
Acceptance of John F. Kennedy PCC Panel Replacement - 32nd Street and NW Arterial ................................. 423
Acceptance of Public Roadway Improvements - John F Kennedy Road and West 32nd Street ........................ 410
Acceptance of Sanitary Sewer Main Improvements - Arbor Estates No. 2 ...................................................... 409
Acceptance of Storm Sewer Improvements - Lot 1 of Westview Shopping Center Place No. 4 ...................... 300
Access Ramp Installation Project 4 .................................................................................................................. 324
Airport Utility Extension .......................................................................................................................... 111, 113
Arrowhead Drive Storm Sewer ........................................................................................................................ 126
Asbury Road Rehabilitation ................................................................................................. 37, 63, 104, 126, 357
Asphalt Overlay Access Ramp .......................................................................................................................... 146
Bee Branch Creek 22nd Street Parking Lot ................................................................................ 35, 363, 382, 417
Bee Branch Creek Flood Control Pumping Station Gates and Primary Electrical Service Replacement .......... 412
Bee Branch Creek Restoration ................................................................................................................. 238, 388
Bee Branch Creek Restoration Project ............................................................................................................... 17
Bee Branch Watershed Flood Mitigation ................................................................................................. 132, 150
Brunskill Street Place - Storm Water Detention Facility .................................................................................. 344
Bunker Hill Golf Course - Irrigation Phase 2 ..................................................................................... 308, 334, 369
Catfish Creek - 22- and 30-inch Sanitary Sewer Inspection ............................................................................. 141
Cedar Cross Storm Sewer Extension ................................................................................................................ 324
Cedar Ridge Farm Place No. 7 - Storm and Sanitary Sewer Improvements ..................................................... 271
Creek Wood Park Development ...................................................................................................................... 284
Dubuque Furniture & Flooring - Selective Demolition & Restoration.............................................................. 257
Dubuque Regional Airport - New Terminal Entrance Road ............................................................................... 45
EB Lyons Recreation Area Expansion ............................................................................................................... 356
Fire Station 2 - Restroom Remodel .................................................................................................................. 126
Fiscal Year 15 Cured-in-Place-Pipe (CIPP) Lining ................................................................................................ 95
Grandview / Loras and Grandview/University - Intersection Improvements .................................................. 343
Iowa 32 Trail Phase 3 ......................................................................................................................................... 72
Iowa and Locust Streets - Parking Ramps Repair ............................................................................................. 125
John F. Kennedy and Wacker Signal Replacement .......................................................................................... 422
Jule Transit Facility Roof & Sprinkler Repair ...................................................................................................... 20
Lake Eleanor Road Lift Station and Water Main Extension .............................................................. 307, 331, 353
Linseed Oil Paintworks Building ....................................................................................................................... 124
Lowell Street - Water Main, Sanitary and Storm Sewer Improvements .......................................... 189, 216, 235
Miller-Riverview Park - Concrete Pads ..................................................................................................... 300, 357
Mystique Casino Repairs, Sealcoat & Restripe Parking Lot .............................................................................. 272
North Cascade Road / SW Arterial ..................................................................................................................... 33
NW Arterial Hike/Bike Trail Phases 4 & 5 ................................................................................................ 260, 274
Paragon Square and Marquette Place Senior Housing .................................................................................... 405
Roadway Improvement - John F. Kennedy Road and West 32nd Street ........................................................... 313
SCADA Manhole Installation .................................................................................................................... 380, 404
Sewershed 7 and 10 Manhole Replacement ................................................................................... 349, 369, 384
South Fork Streambank Restoration ................................................................................................................ 414
Southwest Arterial / English Mill Road Reconstruction ............................................................. 93, 243, 263, 275
SRF Green Alley Bid Set 1 - Year 2 .................................................................................................................... 407
SRF Green Alley Bid Set 1 - Year 3 .................................................................................... 128, 129, 163, 164, 193
SRF Green Alley Bid Set 2 - Year 3 ............................................................................................ 187, 188, 246, 263
SRF Green Alley Bid Set 3 - Year 2 ......................................................................................... 22, 23, 24, 62, 63, 77
SRF Green Alley Bid Set 3 - Year 3 ............................................................................. 243, 244, 245, 273, 274, 294
SRF Green Alley Bid Set 6 - Year 1 .................................................................................................... 24, 25, 62, 78
468 INDEX Book 145
SRF Green Alley Bid Set 7 - Year 1 .........................................................................................74, 75, 116, 117, 134
Stoltz Street Retaining Wall ............................................................................................................................. 392
Transit Bus Storage Facility - Consultant Selection .......................................................................................... 418
Upper Bee Branch Creek .......................................................................................................... 114, 134, 167, 287
Upper Bee Branch Creek – Structures ............................................................................................................. 168
Upper Bee Branch Creek Mississippi River Trail ...................................................................................... 311, 352
Utility Extension to Dubuque Regional Airport ........................................................................................ 131, 149
Water & Resource Recovery Center - Wild Flower Planting .............................................................................. 21
Water Treatment Plant North Softening Basins Rehabilitation ....................................................................... 140
White Street HMA Resurfacing with Milling Project - 11th to 21st Streets ......................................................... 34
Wilbur Street Retaining Wall and Embankment Stabilization ......................................................................... 391
Project Concern ................................................................................................................................................... 234
Project H.O.P.E. ............................................................................................................ 211, 340, 353, 355, 388, 427
Property Acquisition ............................................................................................................................................ 428
1980 Rockdale Road ...................................................................................................................................... 2, 20
2300 Jackson Street ........................................................................................................................................... 46
2442 - 2446 Washington Street ....................................................................................................................... 295
2450 Washington Street .................................................................................................................................. 295
2496 Washington Street .................................................................................................................................. 437
396 W. Locust ...................................................................................................................................................... 2
400 East 22nd Street (Deconstruction Project) ................................................................................................. 18
501 E. 15th Street ............................................................................................................................................ 394
767 University Avenue - Land for Right-of-Way ................................................................................................ 45
Bee Branch Subdivision No. 12 / Dubuque Community School District ........................................................... 183
Dubuque Community School District (Audubon School) ................................................................................. 303
Graf, Doris A., Farm ......................................................................................................................................... 121
John F. Kennedy Road and West 32nd Street Right-of-Way - Plat ................................................................... 125
McFadden Family Partnership ................................................................................................................. 249, 325
McFadden Properties LLP ........................................................................................................................ 264, 324
Parcel 195 - O'Rourke Farm, LLC (SW Arterial Project) .................................................................................... 158
Right-of-way east of Lincoln Avenue - Audubon School .................................................................................. 237
Twin Ridge Water, Inc. ............................................................................................................................. 383, 390
Public Entity Risk Services of Iowa ...... 1, 18, 32, 45, 67, 91, 107, 123, 140, 154, 206, 233, 254, 270, 283, 300, 322,
341, 356, 376, 390, 405, 422
Public Transit Infrastructure Grant .................................................................................................................. 20, 21
Public, Educational, and Government (PEG) Capital Expenditure Request ............................91, 289, 298, 361, 427
Purchase of Services Grant Agreement
Almost Home at St. John's ............................................................................................................................... 257
Bell Tower Productions .................................................................................................................................... 234
Dubuque Community YMCA/YWCA ......................................................................................................... 234, 257
Dubuque County ISU Extension ....................................................................................................................... 234
Four Mounds Foundation ................................................................................................................................ 234
Funding for Fiscal Year 2016 Grant Applications ............................................................................................. 217
Helping Services for Northeast Iowa ............................................................................................................... 234
Lutheran Services in Iowa ................................................................................................................................ 234
Northeast Iowa School of Music ...................................................................................................................... 234
Opening Doors ......................................................................................................................................... 234, 257
Project Concern ....................................................................................................................................... 207, 257
Project Concern 2-1-1 ...................................................................................................................................... 234
Project Concern Foster Grandparent Program ................................................................................................ 234
Retired and Senior Volunteer Program............................................................................................................ 234
Riverview Center ............................................................................................................................................. 234
St. Mark Youth Enrichment ...................................................................................................................... 234, 257
Pusateri’s Restaurant ............................................................................................................................................. 36
Q
Quade, Mitch ......................................................................................................................................................... 63
Quarterly Investment Report ................................................................................................................................ 45
Book 145 INDEX 469
Queck Capital ................................................................................................................................. 1, 7, 18, 378, 409
Queen Street ............................................................................................................................................... 406, 434
Quit Claim Deed ..................................................................................................................................... 33, 341, 390
R
R&W Restoration ......................................................................................................................................... 236, 287
Radford Road ....................................................................................................................................................... 359
Rahe, Keith - President and CEO Convention and Visitors Bureau ........................................................................ 31
Rahf, Tim .............................................................................................................................................................. 101
Rainbow Lounge .................................................................................................................................................. 380
Rans, Jesse ................................................................................................................................................... 142, 254
Rapp, Joseph ................................................................................................................................................ 310, 328
Ravada, Chandra .......................................................................................................................................... 153, 299
Rebman’s Subdivision .......................................................................................................................................... 157
Red Robin Gourmet Burgers ................................................................................................................................ 307
Alcohol Compliance - Civil Penalty ................................................................................................................... 158
Redzone Robotics, Inc. ......................................................................................................................................... 141
Regional Economic Development ........................................................................................................................ 153
Release of Funds
Fiscal Year 2016 Community Development Block Grant (CDBG) Annual Action Plan ...................................... 206
Release of Mortgage
1500 Radford Road .......................................................................................................................................... 359
Rellihan, Patrick and Michelle................................................................................................................................ 91
Renne, Bob .......................................................................................................................................................... 263
Rental Dwelling Operating License .............................................................................................................. 103, 104
Report
Enhanced Neighborhood Support ................................................................................................................... 353
Northeast Iowa Community College (NICC) Outreach Success Coach ............................................................. 341
Quarterly Investment ...................................................................................................................... 154, 271, 394
Semi Annual Consent Decree........................................................................................................................... 300
Sewershed 10 Corrective Action Plan .............................................................................................................. 411
State of Iowa Annual Financial FY 2015 ........................................................................................................... 414
Request for Proposal
30- and 42-Inch Force Main Inspection Project ............................................................................................... 324
Bee Branch Flood Control Pumping Station Gates, Primary Electric Service Replacement Project ................. 254
Eagle Point Park Intensive Survey and Evaluation ........................................................................................... 145
Skate Park Evaluation and Conceptual Design ................................................................................................. 217
Southwest Arterial Project ............................................................................................................................... 306
Request for Qualifications
Transit Bus Storage Facility .............................................................................................................................. 305
Request to Rezone
1072 Locust Street ........................................................................................................................................... 133
1100 Carmel Drive ............................................................................................................................................. 49
1500 Block of White Street (101 E. 15th Street) .............................................................................................. 262
1550 Clarke Drive ............................................................................................................................................. 100
221 & 250 East 8th Street ................................................................................................................................... 57
2222 Queen Street (Former Sacred Heart School) .......................................................................................... 434
2750 Balboa Drive ............................................................................................................................................ 101
300 East 9th Street.............................................................................................................................................. 57
3275 Pennsylvania Ave .................................................................................................................................... 328
3507 Keystone Drive ........................................................................................................................................ 367
412 Loras Blvd .................................................................................................................................................. 330
460/464 West Locust Street ............................................................................................................................ 263
468 E. 12th Street ............................................................................................................................................ 331
660, 1670 and 1690 University Avenue ........................................................................................................... 367
900 Seippel Road ............................................................................................................................................. 291
Lots 4 & 5 C.J. Bies Subdivision No. 2 ....................................................................................................... 161, 216
Northwest Corner of Asbury Road and Evergreen Drive ................................................................................. 396
470 INDEX Book 145
Northwest Corner of University Avenue and Alta Vista Street ........................................................................ 396
Residential Freestanding Solar Arrays ................................................................................................. 263, 275, 293
Residential Occupancy Bill ..................................................................................................................................... 69
Resilient Community Advisory Commission) ....................................................................................................... 282
Resolution No.
001-15 Authorizing Community Attraction and Tourism (CAT) Grant Application from the National Mississippi
River Museum & Aquarium of the Dubuque County Historical Society........................................................... 1
002-15 Approving Acquisition of Real Estate Owned by Ruth A. Willis in City of Dubuque, IA ........................... 2
003-15 Approving the Acquisition of real estate owned by DB&T Community Development Corp at 396 West
Locust in the City of Dubuque .......................................................................................................................... 2
004-15 Accepting the SRF Green Alley Project - Bid Set 3 Year 1 and Authorizing the payment of the contract
amount to the contractor ................................................................................................................................ 3
005-15 Adopting Final Assessment Schedule for SRF Green Alley Project - Bid Set 3 Year 1 .............................. 3
006-15 Accepting the SRF Green Alley Project - Bid Set 5 Year 1 and Authorizing the payment of the contract
amount to the contractor ................................................................................................................................ 6
007-15 Adopting Final Assessment Schedule for SRF Green Alley Project - Bid Set 5 Year 1 .............................. 6
008-15 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Rodney M. and
Diann T. Mozena .............................................................................................................................................. 7
009-15 Approving the Transfer of Title of Real Estate located at 1598 Washington Street, in the City of
Dubuque, Iowa ................................................................................................................................................ 8
010-15 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 .............................................................................................................................. 8
011-15 Authorizing a CLG Grant-in-Aid-Agreement with the State Historical Society of Iowa to prepare an
Intensive Survey and Evaluation and National Register of Historic Places Nomination for Eagle Point Park 19
012-15 Approving the Final Plat of Siegert’s Place Fifth Addition in the City of Dubuque, Iowa ....................... 19
013-15 Accepting the Deed to certain real estate in the City of Dubuque, Iowa from Ruth A. Willis ............... 20
014-15 Accepting the Jule Transit Facility Roof Repair Project and authorizing the payment of the contract
amount to the contractor .............................................................................................................................. 20
015-15 Accepting the Jule Transit Facility Sprinkler Repair Project and authorizing the payment of the
contract amount to the contractor ................................................................................................................ 20
016-15 Accepting the Water & Resource Recovery Center Wild Flower Planting Project and authorizing the
payment to the contractor ............................................................................................................................ 21
017-15 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 ............................................................................................................................ 21
018-15 Setting a Public Hearing on the fiscal year 2016 (program year 2015) Community Development Block
Grant (CDBG) Annual Action Plan .................................................................................................................. 22
019-15 Preliminary Approval of Plans, Specifications, Form of Contract, and Estimated Cost; Setting Date of
Public Hearing on Plans, Specifications, Form of Contract, and Estimated Cost; and Ordering the
Advertisement for Bids .................................................................................................................................. 22
020-15 Approving the Plats, Schedule of Assessments and Estimate of Total Cost for the SRF Green Alley Bid
Set 3 - Year 2 Project ...................................................................................................................................... 22
021-15 of Necessity for the SRF Green Alley Bid Set 3 - Year 2 Project ............................................................. 22
022-15 Fixing Date of Public Hearing on Resolution of Necessity ..................................................................... 22
023-15 Preliminary Approval of Plans, Specifications, Form of Contract, and Estimated Cost; Setting Date of
Public Hearing on Plans, Specifications, Form of Contract, and Estimated Cost; and Ordering the
Advertisement for Bids .................................................................................................................................. 24
024-15 Approving the Plats, Schedule of Assessments and Estimate of Total Cost for the SRF Green Alley Bid
Set 6 - Year 1 Project ...................................................................................................................................... 24
025-15 Resolution of Necessity for the SRF Green Alley Bid Set 6 - Year 1 Project ........................................... 24
026-15 Fixing Date of Public Hearing on Resolution of Necessity ..................................................................... 24
027-15 Approving the Adoption of an Urban Revitalization Plan for the Kunkel & Associates Urban
Revitalization Area. ........................................................................................................................................ 28
028-15 Approving the Iowa Department of Transportation Agreement for Traffic Safety Improvement
Program Funding for the City of Dubuque Grandview Avenue at Loras Boulevard and Grandview Avenue at
University Avenue Intersection Improvements ............................................................................................. 32
029-15 Approving acceptance of Deed to real estate in City of Dubuque owned by Jesseca L. Zaruba ............ 33
Book 145 INDEX 471
030-15 Accepting the North Cascade Road Bridge Construction Project (Southwest Arterial) Iowa DOT Project
No. HDP-2100 (661)--71-31 and authorizing the payment of the contract amount to the contractor ......... 33
031-15 Accepting White Street HMA Resurfacing with Milling Project, from 11th to 21st Streets, Iowa DOT
Project No. NHSN-52-2(132)--2R-31, authorizing payment of contract amount to contractor ..................... 34
032-15 Accepting the 2014 Pavement Marking Project and authorizing payment of the contract to the
contractor ...................................................................................................................................................... 34
033-15 Providing the City's support for the Upper Bee Branch MRT Route trailhead parking lot at 22nd and
Prince Streets project and assurance that the improvements will be maintained following completion of
the project ..................................................................................................................................................... 35
034-15 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 ............................................................................................................................ 36
035-15 Approving applications for retail cigarette/tobacco sales permits, required by Iowa Code 453A.47A . 36
036-15 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of
public hearing on plans, specifications, form of contract, and estimated cost; and ordering the
advertisement for bids ................................................................................................................................... 37
037-15 Authorizing the filing of an application for state business financial assistance on behalf of Hirschbach
Motors Lines, Inc............................................................................................................................................ 38
038-15 Authorizing the filing of an application for State Business Financial Assistance on behalf of Cottingham
& Butler .......................................................................................................................................................... 39
039-15 Adopting the Fiscal Year 2016 (Program Year 2015) Community Development Block Grant (CDBG)
Annual Action Plan. ........................................................................................................................................ 43
040-15 Accepting the U.S. 61 and New Terminal Entrance Intersection Project and closure of the Revitalize
Iowa's Sound Economy (RISE) Grant .............................................................................................................. 45
041-15 Approving the acquisition of land owned by Anna Elliott at 767 University, Abutting Silver in the City
of Dubuque .................................................................................................................................................... 45
042-15 Approving the acquisition of real estate owned by the Dolores A. Walbrun Estate at 2300 Jackson
Street in the City of Dubuque ........................................................................................................................ 46
043-15 Joint Agreement to adjust U.S. Census Bureau boundary and annexation survey (BAS) maps along a
shared boundary of the City of Dubuque, Iowa and the City of Asbury, Iowa ............................................... 47
044-15 Adopting Supplement No. 17 to the Code of Ordinances of the City of Dubuque, Iowa ...................... 47
045-15 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 ............................................................................................................................ 47
046-15 Approving applications for retail cigarette/tobacco sales permits, required by Iowa Code 453A.47A . 47
047-15 of Intention to dispose of City-owned property, specifically, north half o Lot 56 in East Dubuque an
Addition to the City of Dubuque, Iowa according to the recorded plat thereof - 1318 Jackson Street ......... 48
048-15 Approval of plans specifications, form of contract, and estimated cost for the SRF Green Alley Bid Set
6 - Year 1 Project ............................................................................................................................................ 62
049-15 with Respect to the adoption of the Resolution of Necessity proposed for the SRF Green Alley Bid Set
6 - Year 1 Project ............................................................................................................................................ 62
050-15 Approving Schedule of Assessments and estimated total cost for the SRF Green Alley Bid Set 6 - Year 1
Project. ........................................................................................................................................................... 62
051-15 Approval of plans, specifications, form of contract, and estimated cost for the SRF Green Alley Bid Set
3 - Year 2 Project ............................................................................................................................................ 62
052-15 with Respect to the adoption of the Resolution of Necessity Proposed for the SRF Green Alley Bid Set
3 - Year 2 Project ............................................................................................................................................ 62
053-15 Approving Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 3 - Year
2 Project ......................................................................................................................................................... 63
054-15 Approval of plans, specifications, form of contract, and estimated cost for the 2015 Asbury Road
Pavement Rehabilitation project. .................................................................................................................. 63
055-15 Setting date for public hearing on the FY 2016 Budget as amended for City of Dubuque .................... 66
056-15 Setting the date for the public hearing on the Five-Year Capital Improvement Program for Fiscal Years
2016 through 2020 for the City of Dubuque. ................................................................................................. 66
057-15 Approving property tax abatement applications submitted by property owners in recognized Urban
Revitalization areas and authorizing the transmittal of the approved applications to the City Tax Assessor 68
058-15 Approving Amendment # 4 to the Contract for Services with East Central Intergovernmental
Association ..................................................................................................................................................... 69
472 INDEX Book 145
059-15 Adopting the Schedule of Special Assessment for a lien against the property at 1849 Jackson Street
and directing the City Clerk to certify the Schedule of Assessment to the County Treasurer and to publish
notice thereof ................................................................................................................................................ 69
060-15 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in
accordance with Title 6-6- 3C2o; Title 6-6-4B3 & Title 6-6B of the Code of Ordinances of the City of
Dubuque, Iowa .............................................................................................................................................. 70
061-15 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Arboretum
Development, LLC .......................................................................................................................................... 72
062-15 Approving the Notice of Use Restrictions related to Phase 3 of the Iowa 32 Bike/Hike Trail ............... 72
063-15 Authorizing a Contract Amendment to the Economic Development Financial Assistance Contract by
Sedgwick Claims Management Services, Inc., the City of Dubuque, and the Iowa Department of Economic
Development ................................................................................................................................................. 73
064-15 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 ............................................................................................................................ 74
065-15 Preliminary Approval of plans, specifications, form of contract, and estimated cost; setting date of
public hearing on plans, specifications, form of contract, and estimated cost; and ordering the
advertisement for bids................................................................................................................................... 74
066-15 Approval of the plats, schedule of assessments and estimate of total cost for the SRF Green Alley Bid
Set 7 - Year 1 Project ...................................................................................................................................... 74
067-15 of Necessity for the SRF Green Alley Big Set 7 - Year 1 Project ............................................................. 74
068-15 Fixing date of public hearing on the Resolution of Necessity ................................................................ 74
069-15 Setting a public hearing on an Amendment to City of Dubuque Code of Ordinances Sec. 11-5B-23:
Franchise Fee, which imposed a franchise fee of three percent (3%) on the gross revenue generated from
the distribution and sale of electricity by Maquoketa Valley Electric Cooperative within the City of
Dubuque, by increasing such fee to five percent (5%) .................................................................................. 76
070-15 Approving sale of real estate specifically North Half of Lot 56 in East Dubuque an Addition to City of
Dubuque, Iowa According to recorded plat thereof - 1318 Jackson St. ......................................................... 77
071-15 Awarding Public Improvement Contract for the SRF Green Alley Bid Set 3 - Year 2 Project ................. 77
072-15 Awarding Public Improvement Contract for SRF Green Alley Bid Set 6 - Year 1 Project. ...................... 78
073-15 Adopting the City of Dubuque Fiscal Year 2016 Annual Budget ............................................................ 81
074-15 Adopting the City of Dubuque Five-Year Capital Improvement Program. ............................................. 81
075-15 Adopting the Five-Year Street Construction Program for fiscal years 2016 - 2020 ............................... 83
076-15 Approving Increase in Structure Fee for Rental Licensing and Role Inspection Program. ..................... 87
077-15 ..................................................................................................................................................Unassigned
078-15 Approving an Amendment to the Economic Development Financial Assistance Contract by and among
Green Industrial Supply, Inc., the City of Dubuque, and the Iowa Department of Economic Development . 92
079-15 Approving the agreement between the City of Dubuque, Iowa and Dubuque Professional Firefighters
Association, Local #353 and Authorizing the Mayor to sign the agreement ................................................. 92
080-15 Accepting A Grant of Easement for sanitary and storm sewer through, over and across part of Lot 2
and Lot 4 in Cedar Ridge Farm Place No. 7, in the City of Dubuque, Iowa .................................................... 92
081-15 Approving Utility Relocation Reimbursement Agreement with Black Hills Energy Corp. for relocation of
Peosta Feed High Pressure Natural Gas Main associated with English Mill Rd. Reconstruction Project and
continued development and advancement of Southwest Arterial project ................................................... 93
082-15 Approving the First Amendment to the Development Agreement between the City of Dubuque, Iowa
and Weaver Castle, LLC.................................................................................................................................. 94
083-15 Approving the First Amendment to the Development Agreement between the City of Dubuque, Iowa
and Weaver Castle, LLC.................................................................................................................................. 94
084-15 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Joseph M. and
Deborah L. Vize .............................................................................................................................................. 94
085-15 Approving the Final Plat of Vize Place in Dubuque County, Iowa .......................................................... 95
086-15 Accepting the FY15 Sanitary Sewer Cured-In-Place Pipe Lining Project and authorizing the payment to
the contractor ................................................................................................................................................ 95
087-15 Adopting the Final Assessment Schedule for the 2014-2015 Snow Removal Assessment – Right-Of-
Way Obstruction Removal Assessment Project for 1495 Glen Oak Street .................................................... 95
088-15 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 ............................................................................................................................ 96
Book 145 INDEX 473
089-15 Fixing date for Public Hearing of City Council of City of Dubuque, IA on proposed issuance of Urban
Renewal Tax Increment Revenue Obligations and Execution of a Development Agreement relating thereto
with Ken Oberbroeckling, and providing for publication of notice thereof ................................................... 97
090-15 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa on the execution
of a Development Agreement relating thereto with Weaver Castle, LLC and providing for the publication of
notice thereof ................................................................................................................................................ 98
091-15 Setting the date for the public hearing on Amendment No. 2 to Fiscal Year 2015 budget for the City of
Dubuque ........................................................................................................................................................ 98
092-15 Resolution of Intent to Vacate, Dispose of City Interest in an access, utility, and storm water drainage
easement over and across Lot C of Reche’s Subdivision in City of DBQ, Iowa ............................................... 99
093-15 Awarding Public Improvement Contract for 2015 Asbury Road Pavement Rehabilitation Project ..... 105
094-15 Approving the Third Amendment to the Development Agreement between the City of Dubuque, Iowa
and Novelty Iron Landlord, LLC .................................................................................................................... 105
095-15 Approving Fiscal Year 2015 (Program Year 2014) Annual Action Plan Amendment 2 for Community
Development Block Grant (CDBG) Funds ..................................................................................................... 107
096-15 Accepting the Water and Resource Recovery Cogeneration Facilities Project and Authorizing the
Payment of the Contract Amount to the Contractor ................................................................................... 108
097-15 Accepting a Grant of Temporary Easement for Grading and Construction and Permanent Easement for
Sanitary Sewer Through, Over and Across Part of Lot 3 in Davis Place II, in the City of Dubuque, Iowa ..... 108
098-15 Approving the Final Plat of Derby Grange Acres in Dubuque County, Iowa ........................................ 109
099-15 Approving the Acquisition of Easements Upon Real Estate Owned by Patricia F. Furuseth In Dubuque
County, Iowa ................................................................................................................................................ 110
100-15 Accepting Grant of Easements Upon Real Estate Owned by Patricia F. Furuseth in Dubuque County,
Iowa ............................................................................................................................................................. 110
101-15 Approving the Acquisition of Easements Upon Real Estate Owned by O’Rourke Farms LLC in Dubuque
County, Iowa ................................................................................................................................................ 110
102-15 Accepting Grant of Easements Upon Real Estate Owned By O’Rourke Farms LLC In Dubuque County,
Iowa ............................................................................................................................................................. 110
103-15 Accepting Grant of Easement Upon Real Estate Owned by Royal Oaks Development Corporation in
Dubuque County, Iowa ................................................................................................................................ 111
104-15 Approving the Acquisition of Easements Upon Real Estate Owned by William D. Tracy, William C.
Tracy, Kay J. Tracy In Dubuque County, Iowa .............................................................................................. 112
105-15 Accepting Grant of Easements Upon Real Estate Owned by William D. Tracy, William C. Tracy, Kay J.
Tracy In Dubuque County, Iowa ................................................................................................................... 112
106-15 Accepting Deed to Lot 1 of Silver Oaks in Section 23, Table Mound Township, Dubuque Co., Iowa,
According to Recorded Plat Thereof from Royal Oaks Development Corporation ...................................... 113
107-15 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 .......................................................................................................................... 113
108-15 Upper Bee Branch Creek, Channel, Streets, & Utilities Project Preliminary Approval of Plans,
Specifications, Form of Contract, and Estimated Cost; Setting Date of Public Hearing on Plans,
Specifications, Form of Contract, and Estimated Cost; and Ordering Advertisement for Bids .................... 114
109-15 Preliminary Approval of Plans, Specifications, Form of Contract, and Estimated Cost; Setting Date of
Public Hearing on Plans, Specifications, Form of Contract, and Estimated Cost; and Ordering the
Advertisement for Bids ................................................................................................................................ 114
110-15 Of Necessity Finding That Certain Property Along North Cascade Road is an Economic Development
Area and that the Development of Said Area is Necessary in the Interest of the Residents of the City of
Dubuque, Iowa and Setting a Date for Hearing on a Proposed Amendment to Urban Renewal Plan for Said
District ......................................................................................................................................................... 115
111-15 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the SRF Green Alley Bid
Set 7 - Year 1 Project .................................................................................................................................... 116
112-15 With Respect to the Adoption of the Resolution of Necessity Proposed for the SRF Green Alley Bid Set
7 - Year 1 Project .......................................................................................................................................... 116
113-15 Approving Schedule of Assessments and Estimate of Total Cost for the SRF Green Alley Bid Set 7 - Year
1 Project ....................................................................................................................................................... 116
114-15 Approving a Development Agreement Between the City of Dubuque, Iowa and Ken Oberbroeckling
and the Issuance of Urban Renewal Tax Increment Revenue Obligations .................................................. 117
115-15 Approving a Development Agreement Between the City of Dubuque, Iowa and Weaver Castle, LLC 117
116-15 Amending Current Budget for FY Ending 6/3/15 (as amended last on 9/15/14) ................................. 118
474 INDEX Book 145
117-15 Disposing of City Interest in an Access, Utility, and Storm Water Drainage Easement Over and Across
Lot C of Reche’s Subdivision in the City of Dubuque, Dubuque County, Iowa ............................................. 120
118-15 Reinstating the August 1, 2011 Agreement for Solar License and Power Purchase between the City of
Dubuque, Iowa and Eagle Point Energy- 1, LLC ........................................................................................... 120
119-15 Approving Acquisition of Real Estate owned by Doris A. Graf in Dubuque County, IA ........................ 121
120-15 Approving Intercreditor Agreement Between City of Dubuque, Iowa and Premier Bank ................... 121
121-15 Authorizing the execution of Amendment to Community Development Block Grant (CDBG) Housing
Disaster Recovery Fund Contract between Iowa Economic Development Authority and City of Dubuque for
Linseed Oil Paintworks Company Building Extending the contract completion deadline............................ 124
122-15 Approving an agreement to include certain agricultural land in an amended Urban Renewal Plan for
Dubuque Industrial Center Economic Development District ....................................................................... 124
123-15 Approving Acquisition Plat of Lots A and B of Block 2 of Arbor Estates in City of DBQ, IA .................. 125
124-15 Accepting the Iowa and Locust Parking Ramp Repair Project and authorizing the payment of the
contract amount to the contractor .............................................................................................................. 125
125-15 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 .......................................................................................................................... 127
126-15 Approving applications for retail cigarette/tobacco sales permits, required by IA Code 453A.47A.... 127
127-15 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of
public hearing on plans, specifications, form of contract, and estimated cost; and ordering the
advertisement for bids................................................................................................................................. 128
128-15 Approving the Plats, Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid
Set 1 - Year 3 Project .................................................................................................................................... 128
129-15 Resolution of Necessity for the SRF Green Alley Bid Set 1 - Year 3 Project ......................................... 128
130-15 Fixing date of public hearing on Resolution of Necessity .................................................................... 128
131-15 Resolution of Necessity finding that certain areas adjacent to the established Dubuque Industrial
Center Economic Development District meet the definition of an Economic Development Area under the
Urban Renewal Law, that development of said Area is necessary in the interest of the residents of the City
of Dubuque, Iowa and setting dates of hearing and consultation on a proposed amendment to the
Amended and Restated Urban Renewal Plan for said District ..................................................................... 130
132-15 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of
public hearing on plans, specifications, form of contract, and estimated costs; and ordering the
advertisement for bids................................................................................................................................. 131
133-15 Fixing date for a meeting on the proposition of the issuance of not to exceed $3,000,000 General
Obligation Bonds of the City of Dubuque, State of Iowa (Essential Corporate Purpose), and providing for
publication of notice thereof ....................................................................................................................... 131
134-15 Fixing date for a meeting on proposition of issuance of not to exceed $24,500,000 Sales Tax Increment
Revenue Bonds of Dubuque, Iowa and providing for publication of notice thereof ................................... 132
135-15 Approval of plans, specifications, form of contract, and estimated cost for the Upper Bee Branch
Creek - Channel, Streets & Utilities Project ................................................................................................. 134
136-15 Approval of plans, specifications, form of contract, and estimated cost for the Upper Bee Branch
Creek - Structures Project ............................................................................................................................ 134
137-15 Awarding public improvement contract for the SRF Green Alley Bid Set 7 - Year 1 Project ................ 134
138-15 Authorizing the execution of an amendment to the agreement with the State of Iowa Flood Mitigation
Board which authorizes the City's use of Sales Tax Increment Funding for the Bee Branch Watershed Flood
Mitigation Project ........................................................................................................................................ 135
139-15 Authorizing Arrowhead Dr. Storm Sewer Project and authorizing payment to contractor ................. 126
140-15 Accepting the Water Treatment Plant North Softening Basins Rehabilitation Project and authorizing
the payment of the contract amount to the contractor .............................................................................. 140
141-15 Naming Depositories ........................................................................................................................... 140
142-15 Accepting the Water & Resource Recovery Center Catfish Creek 24" and 30" Sanitary Sewer
Inspection and authorizing the payment to the contractor......................................................................... 141
143-15 Adopting the Final Assessment Schedule for the 2014-2015 Snow Removal Assessment - Right-of-Way
Obstruction Removal Assessment Project ................................................................................................... 141
144-15 Accepting a Grant of Temporary Easement for grading and permanent easement for storm and
sanitary sewer through, over and across part of Lot 11 in Block 2 of Dubuque Technology Park, in the City
of Dubuque .................................................................................................................................................. 144
145-15 Amending Resolution No. 159-14 approved on May 19, 2014, relating to the issuance of Sales Tax
Increment Revenue Bonds by the City under the provisions of Chapter 418 of the Code of Iowa, and
Book 145 INDEX 475
authorizing the issuance of $7,190,000 Sales Tax Increment Revenue Bonds (Unlimited Property Tax
Supported), Second Lien Series 2014 .......................................................................................................... 144
146-15 Approving Plat Survey of Lot 1 and 2 of Angie’s Place in the City of Dubuque, Iowa .......................... 145
147-15 Approving the First Amendment to Agreement between Full Circle Organics, LLC and the City of
Dubuque ...................................................................................................................................................... 145
148-15 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 .......................................................................................................................... 146
149-15 Approving applications retail cigarette/tobacco sales permits, as required by IA Code 453A.47A ..... 146
150-15 Fixing the date for a meeting on the authorization of one or more Loan and Disbursement
Agreements and the issuance of not to exceed $34,000,000 Stormwater Utility Revenue Capital Loan Notes
of the City of Dubuque, Iowa and providing for publication of notice thereof............................................ 147
151-15 Resolution of Intention to dispose of City-owned property, specifically, Lot Two (2) of Lot One (1) and
the East One-Half (E ½) of Lot Four (4) of Lot Two (2) both in Geiger’s Subdivision, in the City of Dubuque,
Iowa – 2521 Stafford Street ......................................................................................................................... 148
152-15 Approval of plans, specifications, form of contract, and estimated cost for the Utility Extension to the
Dubuque Regional Airport ........................................................................................................................... 149
153-15 Approving the amended Urban Renewal Plan for the North Cascade Road Housing Urban Renewal
Area ............................................................................................................................................................. 149
154-15 Instituting proceedings to take additional action for the issuance of not to exceed $24,500,000 Sales
Tax Increment Revenue Bonds .................................................................................................................... 150
155-15 Approving form and distribution of Preliminary Official Statement relating to the offering and sale of
Sales Tax Increment Revenue Bonds (Annual Appropriation Property Tax Supported), Senior Bond Series
2015A ........................................................................................................................................................... 150
156-15 Instituting proceedings to take additional action for the issuance of not to exceed $3,000,000 General
Obligation Bonds.......................................................................................................................................... 151
157-15 Authorizing the issuance of $3,000,000 General Obligation Bonds, and levying a tax for the payment
thereof ......................................................................................................................................................... 151
157-15A Public Transit Infrastructure Authorizing Resolution Approval of Grant Application to Iowa DOT for
Consolidated Funding .................................................................................................................................. 155
158-15 Approving a Funding Agreement (2016-Ts-008) With the Iowa Department of Transportation for a
Traffic Safety Improvement Grant to Assist With the Construction of a Proposed Roundabout at the
Intersection of Grandview Avenue and Delhi Street ................................................................................... 155
159-15 Authorizing the Filing of a Transportation Improvement Program Grant Application with the Dubuque
Metropolitan Area Transportation Study (DMATS) for Funding the Preliminary Engineering Phase for the
University Avenue Overlap Section of the East-West Corridor Study .......................................................... 156
160-15 Approving Plat of Survey of Lots 1 & 2 of Mihalakis Place No. 2 in City of Dubuque, IA ..................... 156
161-15 Approving Plat of Survey of Lot 1 and 2 of Bonson and Stewart Place in the City of Dubuque, Dubuque
County, Iowa ................................................................................................................................................ 157
162-15 Accepting a Grant of Permanent Easement for Storm Sewer Through, Over and Across Part of Lot 43
In Rebman’s Subdivision, in the City of Dubuque, Iowa .............................................................................. 157
163-15 Accepting Grant of Easements Upon Real Estate Owned by O’Rourke Farms, LLC in Dubuque County,
Iowa ............................................................................................................................................................. 157
164-15 Accepting Deed to Certain Real Estate in Dubuque Co., IA From O’Rourke Farms, LLC ...................... 158
165-15 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 .......................................................................................................................... 158
166-15 Intent to Dispose of an Interest in City Owned Real Property by Deed to Community Housing
Initiatives and Setting for Public Hearing ..................................................................................................... 159
167-15 Intent to Dispose of an Interest in City Of Dubuque Real Estate, Setting a Time and Place for Hearing
and Providing for the Publication of Notice Thereof ................................................................................... 159
168-15 Intent to Dispose of an Interest in City of Dubuque Real Estate, Setting a Time and Place for Hearing
and Providing for the Publication of Notice Thereof ................................................................................... 160
169-15 Setting the Date for a Public Hearing on Transit Fixed-Route Service Changes Associated with the
Opening of the Dubuque Intermodal Transportation Center ...................................................................... 161
170-15 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the SRF Green Alley Bid
Set 1 - Year 3 Project .................................................................................................................................... 163
171-15 Resolution With Respect to the Adoption of the Resolution of Necessity Proposed for the SRF Green
Alley Bid Set 1 - Year 3 Project ..................................................................................................................... 163
476 INDEX Book 145
172-15 Approving Schedule of Assessments and Estimate of Total Cost for the SRF Green Alley Bid Set 1 - Year
3 Project ....................................................................................................................................................... 163
173-15 Disposing of City Interest in Real Property Located at 2521 Stafford Street, in the City of Dubuque,
Iowa ............................................................................................................................................................. 164
174-15 Instituting Proceedings to Take Additional Action for the Authorization of one or more Loan and
Disbursement Agreements and the Issuance of not to Exceed $34,000,000 Stormwater Utility Revenue
Capital Loan Notes ....................................................................................................................................... 164
175-15 Approving The issuance by the Public Finance Authority of Bonds on behalf of Trinity Affordable
Housing Corporation, an Illinois Nonprofit Corporation .............................................................................. 166
176-15 Awarding Public Improvement Contract for the Upper Bee Branch Creek – Channel, Streets, & Utilities
Project ......................................................................................................................................................... 167
177-15 Awarding Public Improvement Contract for Upper Bee Branch Creek - Structures Project ................ 168
178-15 Awarding Public Improvement Contract for the Utility Extension to the Dubuque Regional Airport
Project.......................................................................................................................................................... 168
179-15 Approving Increase in Structure Fee for Rental Licensing and Rental Inspection Program ................. 169
180-15 Approving the Form and Authorizing Execution of a Bond Purchase Agreement in Connection With the
Issuance of Sales Tax Increment Revenue Bonds (Annual Appropriation Property Tax Supported), Senior
Bond Series 2015A ....................................................................................................................................... 170
181-15 Series 2015A Resolution Authorizing and Providing for the Issuance and Securing the Payment of Sales
Tax Increment Revenue Bonds (Annual Appropriation Property Tax Supported), Senior Bond Series 2015A,
by the City of Dubuque Under the Provisions of Chapter 418 of the Code of Iowa, Providing for a Method of
Payment Thereof, and Other Related Matters ............................................................................................ 170
182-15 Authorizing approval of Final Plat of North Fork Trails No. 5 in City of Dubuque, Iowa ...................... 181
183-15 Approving the acquisition of real estate owned by Dubuque Community School District, in the City of
Dubuque and acceptance of the Deed to such property ............................................................................. 183
184-15 Awarding public improvement contract for camera equipment and installation for the Dubuque
Intermodal Transportation Center............................................................................................................... 184
185-15 Awarding public improvement contract for parking control equipment and installation for the
Dubuque Intermodal Transportation Center ............................................................................................... 184
186-15 Attaching Owner Occupancy Restrictive Covenant to 595 Angella Street ........................................... 184
187-15 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 .......................................................................................................................... 186
188-15 Approving applications retail cigarette/tobacco sales permits, as required by IA Code 453A.47A ..... 186
189-15 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of
public hearing on plans, specifications, form of contract, and estimated cost; and ordering the
advertisement for bids................................................................................................................................. 187
190-15 Approving the Plats, Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid
Set 2 - Year 3 Project .................................................................................................................................... 187
191-15 Resolution of Necessity for the SRF Green Alley Bid Set 2 - Year 3 Project ......................................... 187
192-15 Fixing date of public hearing on Resolution of Necessity .................................................................... 187
193-15 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of
public hearing on plans, specifications, form of contract, and estimated cost; and ordering the
advertisement for bids (Lowell Street (Abbott to Woodworth) Water Main, Sanitary & Storm Sewer
Improvements Project 2015) ....................................................................................................................... 189
194-15 Approving the sale of real estate located at 1513 Washington Street by Deed to Community Housing
Initiatives, in the City of Dubuque, Iowa ...................................................................................................... 190
195-15 Ratifying the conveyance of property by Deed to Community Housing Initiatives for 1598 Washington
Street ........................................................................................................................................................... 191
196-15 Disposing of City interest in real property - 1421 Elm St., in City of Dubuque, Iowa ........................... 192
197-15 Approving the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District .................................................................................................................. 192
198-15 Awarding public improvement contract for the SRF Green Alley Bid Set 1 - Year 3 Project ................ 193
199-15 Authorizing request for release of Community Development Block Grant Funds for Fiscal Year 2016
(Program Year 2015) .................................................................................................................................... 206
200-15 Accepting the Deed to certain real estate in Dubuque County, Iowa, from Doris A. Graf................... 207
201-15 Approving the Plat of Easement for Sanitary Sewer and Storm Drainage on Lot 38 of Timber-Hyrst
Estate No. 4 in the City of Dubuque, Iowa ................................................................................................... 208
Book 145 INDEX 477
202-15 Establishing a schedule for rates for the disposal of private waste (septic, carwash) as provided for in
Title 13 of the City of Dubuque Code of Ordinance, Public Utilities ............................................................ 208
203-15 Accepting the 2015 Asphalt Overlay Project Curb Access Ramp Phase Three and authorizing the
payment of the contract amount to the contractor .................................................................................... 209
204-15 Authorizing the execution of a contract for State Business Financial Assistance by and among
Cottingham & Butler Insurance Services, Inc., the City of Dubuque, Iowa and the Iowa Economic
Development Authority ............................................................................................................................... 209
205-15 Authorizing execution of contract for State Business Financial Assistance by and among Hirschbach
Motor Lines, Inc., City of DBQ, IA and Iowa Economic Development Authority .......................................... 210
206-15 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 .......................................................................................................................... 211
207-15 Approving applications retail cigarette/tobacco sales permits, as required by IA Code 453A.47A ..... 211
208-15 Approving Plat of proposed vacated alley between Main Street and Salina Street of Block 13 in
Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa ......................................................... 213
209-15 Resolution of Intent to vacate and dispose of City interest in the alley between Main Street and Salina
Street of Block 13 in Dubuque Harbor Company's Addition, to be known as Lot 7A of Block 13 in Dubuque
Harbor Company's Addition, in the City of Dubuque, Iowa ......................................................................... 213
210-15 Resolution of Intent to vacate and dispose of City interest in the alley between Main Street and Salina
Street of Block 13 in Dubuque Harbor Company's Addition, to be known as Lot 6A of Block 13 in Dubuque
Harbor Company's Addition, in the City of Dubuque, Iowa ......................................................................... 213
211-15 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of
public hearing on plans specifications, form of contract, and estimated cost; and ordering the
advertisement of bids .................................................................................................................................. 214
212-15 Accepting fixed-route service changes associated with the opening of the Dubuque Intermodal
Transportation Center ................................................................................................................................. 216
213-15 Approval of plans, specifications, form of contract, and estimated cost for the Lowell Street (Abbott to
Woodworth) Water Main, Sanitary & Storm Sewer Improvements Project 2015 ....................................... 217
214-15 Approving and authorizing a form of Loan and Disbursement Agreement by and between the City of
Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the
payment of $29,541,000 Stormwater Utility Revenue Capital Loan Notes, Series 2015B, of the City of
Dubuque, Iowa under the provisions of the Code of Iowa, and providing for a method of payment of said
Notes ........................................................................................................................................................... 220
215-15 Providing that a proposed project by ITC Midwest, LLC for a license to erect, maintain and operate a
proposed Electric Transmission Line Facility in the City of Dubuque would not be permittable under the City
of Dubuque Code of Ordinances and would not be permitted by the City Council and therefore an
application for a license and the required process for such a license would not be in the public interest . 231
216-15 Awarding Public Improvement Contract for the Lowell Street (Abbott to Woodworth) Water Main,
Sanitary & Storm Sewer Improvements Project 2015 ................................................................................. 235
217-15 Accepting a Grant of Easement for Underground Electric, Fiber Optic Cable, Traffic Signals & Other
Appurtenances and Sidewalk Through, Over and Across Part of Lot 99 in Woodlawn Park Subdivision .... 235
218-15 Accepting a grant of permanent shoring system anchoring easement through, over and across part of
Lot 3 in Davis Place II, in the City of Dubuque, Iowa .................................................................................... 235
219-15 Accepting the 429 Rhomberg Demolition and Building Stabilization Project and authorizing the
payment to the contractor .......................................................................................................................... 236
220-15 Adopting Supplement No. 18 to the Code of Ordinances of the City of Dubuque, Iowa .................... 236
221-15 Approving the Acquisition Plat of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot
314 in the City of Dubuque, Iowa ................................................................................................................ 237
222-15 Authorizing the Utility Occupancy License Agreement made and entered into by and between the City
of Dubuque, Iowa and Dakota, Minnesota & Eastern Railroad Corporation, doing business as Canadian
Pacific ........................................................................................................................................................... 238
223-15 Approving the Transportation Alternatives Program Funding Agreement between the Iowa
Department of Transportation and the City of Dubuque, Iowa for the Lower Bee Branch Overlook at 16th
Street Detention Basin and trailhead parking for the Mississippi River Trail Project .................................. 238
224-15 Approving the advance of funds for repayment from the Greater Downtown District Urban Renewal
Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.19 .... 239
225-15 Approving the advance of funds for repayment from the Dubuque Industrial Center Urban Renewal
Tax Increment Revenue Fund and directing the filing of certification Under Iowa Code Section 403.19 ... 240
478 INDEX Book 145
226-15 Approving advance of funds for repayment from Technology Park Urban Renewal Tax Increment
Revenue Fund and directing filing of certification under Iowa Code Section 403.19 .................................. 240
227-15 Approving the advance of funds for repayment from the North Cascade Road Housing Urban Renewal
Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.17 .... 241
228-15 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 .......................................................................................................................... 242
229-15 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa
Code 453A.47A ............................................................................................................................................ 242
230-15 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of
public hearing on plans, specifications, form of contract, and estimated cost ........................................... 243
231-15 Preliminary approval of plats, schedule of assessments and estimate of total cost for the SRF Green
Alley Bid Set 3 - Year 3 Project ..................................................................................................................... 243
232-15 Resolution of Necessity for the SRF Green Alley Bid Set 3 - Year 3 Project ......................................... 243
233-15 Fixing the date of public hearing on Resolution of Necessity .............................................................. 243
234-15 Preliminary approval of plans, specifications, form on contract, and estimated cost; setting date of
public hearing on plans, specifications, form of contract, and estimated cost; and ordering the
advertisement for bids................................................................................................................................. 243
235-15 Approval of plans, specifications, form of contract, and estimated cost for the SRF Green Alley Bid Set
2 - Year 3 Project .......................................................................................................................................... 245
236-15 Resolution with Respect to the Adoption of the Resolution of Necessity proposed for the SRF Green
Alley Bid Set 2 - Year 3 Project ..................................................................................................................... 246
237-15 Approving the Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 2 -
Year 3 Project ............................................................................................................................................... 246
238-15 Approval of plans, specifications, form of contract, and estimated cost for the 2015 Bridge Repairs and
Maintenance Project ................................................................................................................................... 246
239-15 Vacating a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor
Company's Addition to be known as Lot 7A in Block 13 of Dubuque Harbor Company's Addition, in the City
of Dubuque .................................................................................................................................................. 246
240-15 Disposing of City Interest in Lot 7A in Block 13 Dubuque Harbor Company's Addition, in the City of
Dubuque, Iowa. ........................................................................................................................................... 246
241-15 Vacating a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor
Company's Addition to be known as Lot 6A in Block 13 in Dubuque Harbor Company's Addition, in the City
of Dubuque, Iowa ........................................................................................................................................ 248
242-15 Disposing of City interest in Lot 6A in Block 13 in Dubuque Harbor Company's Addition, in the City of
Dubuque, Iowa ............................................................................................................................................ 248
243-14 Authorizing the Mayor to execute an application for HUD Lead Paint Hazard Control and Healthy
Homes Program Grant ................................................................................................................................. 249
244-15 Approving an Offer to Buy and Acceptance for the acquisition of real estate owned by McFadden
Family Partnership in Dubuque County, Iowa ............................................................................................. 249
245-15 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Mary (Mulgrew)
Gronen and American Trust And Savings Bank, Trustees of the Robert J. Mulgrew Marital Trust under
Article VI of the Last Will and Testament of Robert J. Mulgrew and the Mary Lou Mulgrew Revocable Trust
dated January 22, 2008................................................................................................................................ 255
246-15 Authorizing the Mayor to execute an application for the HUD Family Self-Sufficiency Program Grant
and authorizing the Director of Housing and Community Development and the City Manager to approve
the application ............................................................................................................................................. 256
247-15 Adopting the Schedule of Assessments for 2015 and directing the City Clerk to certify the Schedule of
Assessments to the County Treasurer and to publish notice thereof .......................................................... 256
248-15 Accepting the Dubuque Furniture & Flooring Selective Demolition & Restoration Project and
authorizing the payment to the contractor ................................................................................................. 258
249-15 Authorizing approval of an Amended and Restated Contract between the City of Dubuque, Iowa and
East Central Intergovernmental Association for grant administration for the 2013 Environmental Protection
Agency Brownfields Assessment Cooperative Agreement .......................................................................... 258
250-15 Approving an agreement between the City of Dubuque, Iowa and East Central Intergovernmental
Association for grant administration for the 2015 Environmental Protection Agency Area Wide Planning
Grant ............................................................................................................................................................ 259
Book 145 INDEX 479
251-15 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 .......................................................................................................................... 259
252-15 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of
public hearing on plans, specifications, form of contract, and estimated cost; and ordering the
advertisement for bids ................................................................................................................................. 260
253-15 Resolution of Intent to dispose of an interest in real property owned by the City of Dubuque, Iowa by
lease between the City and Iowa State University of Science and Technology ........................................... 260
254-15 Resolution of Necessity finding that certain areas adjacent to the established Dubuque Industrial
Center Economic Development District meet the definition of an Economic Development Area under the
Urban Renewal Law, that development of said area is necessary in the interest of the residents of the City
of Dubuque, Iowa and setting dates of hearing and consultation on a proposed amendment to the
Amended and Restated Urban Renewal Plan for said District ..................................................................... 261
255-15 Approval of plans, specifications, form of contract, and estimated cost for the Southwest Arterial -
English Mill Road Reconstruction Project .................................................................................................... 263
256-15 Awarding public improvement contract for the SRF Green Alley Bid Set 2 - Year 3 Project ................ 263
257-15 Rejecting bid proposal received for 2015 Bridge Repairs, Maintenance Project ................................. 264
258-15 Approving an Offer to Buy and Acceptance for the acquisition of real estate owned by McFadden
Properties, LLP in Dubuque County, Iowa.................................................................................................... 264
259-15 Adopting the FY 2016-2020 Consolidated Plan for Housing and Community Development; authorizing
the Mayor to execute said Plan and all necessary certifications; designating the City Manager as the
authorized Chief Executive Officer for the Consolidated Plan; and directing that said Plan be submitted to
the U.S. Department of Housing and Urban Development ......................................................................... 265
260-15 Approving Fiscal Year 2016 (Program Year 2015) Annual Action Plan Amendment 1 for Community
Development Block Grant (CDBG) funds ..................................................................................................... 270
261-15 Authorizing Reap Grant Application to Iowa Department of Natural Resources for Eagle Point Park
Environmental Restoration Project.............................................................................................................. 270
262-15 Accepting public improvements in Cedar Ridge Farm Place No. 7 in City of DBQ, Iowa ..................... 271
263-15 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 .......................................................................................................................... 272
264-15 Setting a public hearing on the disposition of an interest in property owned by the City of Dubuque,
Iowa by Lease Agreement to Burlington Stage Lines, LTD ........................................................................... 272
265-15 Resolution of Intent to dispose of an interest in City of Dubuque real estate, setting a time and place
for hearing and providing for the publication of notice thereof .................................................................. 273
266-15 Approval of plans, specifications, form of contract, and estimated cost for the SRF Green Alley Bid Set
3 - Year 3 Project .......................................................................................................................................... 273
267-15 Resolution with Respect to the Adoption of the Resolution of Necessity proposed for the SRF Green
Alley Bid Set 3 - Year 3 Project ..................................................................................................................... 274
268-15 Approving the Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 3 -
Year 3 Project ............................................................................................................................................... 274
269-15 Approval of plans, specifications, form of contract, and estimated costs for the Iowa 32 Hike/Bike
Train - Phases 4 & 5 Project ......................................................................................................................... 274
270-15 Approving the disposal of an interest in real property owned by the City of Dubuque by lease between
the City of Dubuque, Iowa and Iowa State University of Science and Technology ...................................... 274
271-15 Awarding public improvement contract for SW Arterial Project English Mill Road Reconstruction,
Grading, Bridge & Paving Project Iowa DOT Project No. HDP-2100 (657)-71-31 ......................................... 275
272-15 Approving Commitment of Matching Funds for an Application to the Iowa Finance Authority (IFA) for
State Housing Trust Funds ........................................................................................................................... 283
273-15 Accepting Temporary Construction Access Easement for Sanitary Sewer Interceptor Through, Over
and Across Part of Lot 1-2 and Lot 2A Kerper Industrial Park, in City of Dubuque, Iowa ............................. 284
274-15 Declaring an Official Intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for
certain original expenditures paid in connection with the Creek Wood Park Project ................................. 284
275-15 Approving the Final Plat of Schlosser Place in the City of Dubuque, Iowa .......................................... 285
276-15 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Thomas J. And Judith
J. Priebe ....................................................................................................................................................... 285
277-15 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Joseph A. and Enid E.
Wysocki ........................................................................................................................................................ 286
480 INDEX Book 145
278-15 Accepting a Grant of Easement for Sanitary Sewer Force Main Through, Over And Across Part of Lot
501 and the East 404’ of Outlot 501, in the City of Dubuque, Iowa ............................................................ 286
279-15 Rescinding Resolution 219-15 and Accepting the 429 Rhomberg Demolition and Building Stabilization
Project and Authorizing the Payment to the Contractor ............................................................................. 287
280-15 Authorizing the Filing of a Grant Application With the Iowa Department of Transportation for Traffic
Safety Improvements Funding for the City of Dubuque NW Arterial and Pennsylvania Avenue Right Turn
Lane Improvement ...................................................................................................................................... 287
281-15A Accepting a Grant of Easement for Storm Sewer Over and Across Lot 2 of Lot 2 of Lot 2 of the W ½ of
the NW ¼ of Section 27; and Lot 2 of Lot 1 of Lot 2 of the NE ¼ of the NE ¼ of Section 28, All in Township 89
North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa ............................................................. 288
281-15B Accepting a Grant of Easement for sanitary sewer and sidewalk over and across Lot 2 of Lot 2 of Lot
2 of the W ½ of the NW ¼ of Section 27; and Lot 2 of Lot 1 of Lot 2 of the NE ¼ of the NE ¼ of Section 28, all
in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa ................................... 288
282-15 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 .......................................................................................................................... 289
283-15 Upper Bee Branch Creek Mississippi River Trail, Iowa DOT Project No. SB-IA-2100(675)-7T-31
Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public
hearing on plans, specifications, form of contract, and estimated cost ...................................................... 290
284-15 Disposing of an interest in real property by easement to Burlington Stage Lines, LTD ....................... 291
285-15 Attaching Single Family Residence Restrictive Covenant, Whether Owner Occupied or Single Family
Rental, to 396 W. Locust Street, Dubuque, IA ............................................................................................. 292
286-15 Disposing of City Interest in Real Property Located at 396 W. Locust Street, in the City of Dubuque,
Iowa ............................................................................................................................................................. 292
287-15 Adopting Catfish Creek Watershed Management Plan ....................................................................... 293
288-15 Approving the Agreement between the Catfish Creek Watershed Authority and the City of Dubuque,
Iowa for SRF Water Resource Restoration Project ...................................................................................... 294
289-15 Awarding Public Improvement Contract for SRF Green Alley Bid Set 3 - Year 3 Project ..................... 294
290-15 Awarding Public Improvement Contract for Iowa 32 Hike-Bike Trail - Phase 4 & 5 Project ................ 295
291-15 Approving Acquisition of Real Estate Owned by Patricia S. Chamberlain, City of DBQ ....................... 295
292-15 Accepting public improvements in Lot 1 of Westview Shopping Center Place No. 4 in the City of
Dubuque, Iowa ............................................................................................................................................ 300
293-15 Accepting a Grant of Easement for sanitary sewer through, over and across par of Lot 1 of Indiana
Subdivision No. 2 in the City of Dubuque .................................................................................................... 300
294-15 Accepting a Grant of Easement for underground electric, fiber optic cable, traffic signals & other
appurtenances and sidewalk through, over and across part of Lot 61, and Lot 1 of the East ½ of Lot 59, in
Tschirgi and Schwind’s Subdivision, City of Dubuque, Iowa ........................................................................ 301
295-15 Approving the acquisition of real estate owned by William and Kathleen Jester in the City of Dubuque,
Iowa ............................................................................................................................................................. 301
295-15B Authorizing an amendment to the Agreement with the State of Iowa Flood Mitigation Board which
authorizes the City's use of Sales Tax Increment funding for the Bee Branch Watershed Flood Mitigation
Project ......................................................................................................................................................... 302
296-15 Approving the Release of a Mortgage by the City of Dubuque, Iowa on the German Bank Building at
342 Main Street ........................................................................................................................................... 303
297-15 Accepting the Deed to certain real estate in Dubuque County, Iowa from the Dubuque Community
School District .............................................................................................................................................. 303
298-15 Attaching Duplex-Owner Occupied Residence Restrictive Covenant to 1501-1503 Bluff Street,
Dubuque, Iowa ............................................................................................................................................ 305
299-15 Attaching Single Family Residence Restrictive Covenant - 2525 Windsor Ave., DBQ, IA ..................... 305
300-15 Approving the City of Dubuque Fiscal Year 2015 City Street Financing Report ................................... 305
301-15 Naming Depositories ........................................................................................................................... 306
302-15 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 .......................................................................................................................... 306
303-15 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of
public hearing on plans, specifications, form of contract, and estimated cost; and ordering the
advertisement for bids................................................................................................................................. 307
304-15 Intent to dispose of an interest in real property owned by the City of Dubuque, Iowa by lease between
the City and Iowa State University of Science and Technology ................................................................... 308
Book 145 INDEX 481
305-15 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2016 Budget for the
City of Dubuque ........................................................................................................................................... 308
306-15 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of
public hearing on plans, specifications, form of contract, and estimated cost; and ordering the
advertisement for bids ................................................................................................................................. 308
307-15 Resolution of Intent to dispose of an interest in City of Dubuque real estate, setting a time and place
for hearing and providing for the hearing of notice thereof ....................................................................... 309
308-15 Setting a public hearing on an application for voluntary annexation of territory to the City of Dubuque,
Iowa ............................................................................................................................................................. 309
309-15 Approving the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District .................................................................................................................. 310
310-15 Approval of plans, specifications, form of contract, and estimated cost for the Upper Bee Branch
Creek Mississippi River Trail (MRT) Iowa DOT Project No. SB-IA-2100(675)—7T-31 ................................... 311
311-15 Approving the Annexation and Roadway Improvement Agreement between the City of Asbury and
the City of Dubuque, Iowa ........................................................................................................................... 311
312-15 Approving severance of certain territory from the City of Dubuque ................................................... 312
313-15 Authorizing Strand Associates of Madison, Wisconsin, to submit to the Iowa Department of Natural
Resources the Water & Resource Recovery Center Nutrient Reduction Plan ............................................. 312
314-15 Approving an Agreement for Construction of Roadway Improvements at JFK Road and West 32nd
Street between the City of Dubuque, Iowa and Kivlahan Farms, L.C. .......................................................... 313
315-15 Approving Environmental Covenant, Termination, Release of Property Restriction for old City Garage
site, formerly Peoples Natural Gas at 925 Kerper Boulevard, Dubuque, Iowa ............................................ 313
316-15 Authorizing the Submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for
the Period Commencing July 1, 2014 and Concluding June 30, 2015 .......................................................... 322
317-15 Attaching Single Family Residence Restrictive Covenant, to 767 University Avenue, Dubuque, Iowa 323
318-15 Accepting a Grant of Easement for storm sewer over and across Lot 2 of Lot 2 of Lot 2 of the W ½ of
the NW ¼ of Section 27; and Lot 2 of Lot 1 of Lot 2 of the NE ¼ of the NE ¼ of Section 28, all in Township 89
North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa ............................................................. 324
319-15 Accepting the Deed to Certain Real Estate owned by McFadden Properties, LLP in Dubuque County,
Iowa ............................................................................................................................................................. 324
320-15 Accepting the Deed to Certain Real Estate owned by McFadden Family Partnership, LLP in Dubuque
County, Iowa ................................................................................................................................................ 325
321-15 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 .......................................................................................................................... 325
322-15 Resolution of Intent to Dispose of an Interest in City of Dubuque Real Estate, Setting a Time and Place
for Hearing and Providing for the Publication of Notice Thereof ................................................................ 326
323-15 Resolution of Intent to Vacate, Dispose of City Interest in a Sanitary Sewer Easement Over and Across
Lot 1 of Indiana Subdivision No. 2 in City of Dubuque, Dubuque County, Iowa .......................................... 326
324-15 Resolution of Necessity Finding That Certain Areas Included Within The Greater Downtown Urban
Renewal District Meet the Definition of a Blighted Area or an Economic Development Area Under the
Urban Renewal Law, and That Development of Said Areas is Necessary in the Interest of the Residents of
the City of Dubuque, Iowa and Setting Dates of Hearing and Consultation on a Proposed Amendment to
the Amended and Restated Urban Renewal ................................................................................................ 327
325-15 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the Lake Eleanor Lift
Station Project ............................................................................................................................................. 331
326-15 Approving Disposal of an Interest in Real Property Owned by City of Dubuque by Lease Between City
of Dubuque, Iowa and Iowa State University of Science and Technology ................................................... 331
327-15 Amending the Current Budget for the Fiscal Year Ending June 30, 2016 ............................................ 332
328-15 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the Bunker Hill Irrigation
Replacement Phase 2................................................................................................................................... 334
329-15 Disposing of City Interest in Real Property Located at 2525 Windsor Avenue, in the City of Dubuque,
Iowa ............................................................................................................................................................. 334
330-15 Approving the Agreement to Release Liens and Consent to Sale Between 759 Bluff, LP and the City of
Dubuque, Iowa and the Release of Liens by the City of Dubuque ............................................................... 335
331-15 Accepting the Deed to certain real estate from CW Wolff, LLC in Dubuque County, Iowa ................. 341
332-15 Naming Depositories ........................................................................................................................... 341
333-15 Consenting to the Assignment of: 1) City of Dubuque, Iowa Downtown Rehabilitation Loan Program
Loan Agreement, Number: DRLP#2-01 dated June 28, 2001; 2) Promissory Note dated June 28, 2001; 3)
482 INDEX Book 145
Mortgage to City of Dubuque, Iowa dated June 28, 2001 and recorded as Instrument No. 9858-01, and 4)
Mortgage to City of Dubuque, Iowa dated May 20, 2002 and recorded as Instrument No. 9234-02, between
the City of Dubuque, Iowa and Town Clock Building Company to Cottingham & Butler, Inc ...................... 342
334-15 Consenting to Assignment of: 1) City Of Dubuque, IA Downtown Rehabilitation Loan Program Loan
Agreement, Number: DRLP#3-98 Dated November 13, 1998; 2) Promissory Note dated January 24, 2008;
and 3) Mortgage to City of Dubuque, IA Dated January 24, 2008 and recorded as Instrument No. 2008-
00001182, between the City of Dubuque, IA and Security Investments, LLC to Cottingham & Butler, Inc. 342
335-15 Attaching Single Family Resident Restrictive Covenant - 1849 Jackson St., Dubuque, IA .................... 343
336-15 Establishing the fair market value of real property for the Grandview / Loras and Grandview /
University Intersection Improvements Project, directing good faith negations for the acquisition of
property and authorizing the commencement of Eminent Domain proceedings, if necessary, to acquire
property ....................................................................................................................................................... 344
337-15 Accepting a grant of Permanent Easement for storm sewer through, over and across part of Lot 1 of S.
Simon Place, in the City of Dubuque, Iowa .................................................................................................. 344
338-15 Accepting stormwater detention facilities in Brunskill St. Place, in City of Dubuque, Iowa ................ 345
339-15 Rescinding Resolution 318-15 and accepting a Grant of Permanent Easement for storm sewer
through, over and across part of Lot 27 in Highland Addition, in City of Dubuque, IA ................................ 345
340-15 Approval of an agreement and accepting a Grant of Permanent Easement for a bus shelter located at
Goodwill Industries, 2121 Holliday Drive in Dubuque, Iowa........................................................................ 346
341-15 Approval of an agreement and accepting a Grant of Permanent Easement for a bus shelter located at
Windsor Park Retirement Apartments, 801 Davis Street in Dubuque, Iowa ............................................... 346
342-15 Authorizing the filing of a grant application with the Iowa Department of Transportation for Iowa
Clean Air Attainment funding for the City of Dubuque Pennsylvania Avenue and NW Arterial Right Turn
Lane Improvement ...................................................................................................................................... 347
343-15 Authorizing the filing of a grant application with the Iowa Department of Transportation for Iowa
Clean Air Attainment funding for the City of Dubuque John F. Kennedy Road and NW Arterial Right Turn
Lane Improvements ..................................................................................................................................... 347
344-15 Adopting Supplement No. 19 to the Code of Ordinances of the City of Dubuque, Iowa .................... 348
345-15 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 .......................................................................................................................... 348
346-15 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa
Code 453A.47A ............................................................................................................................................ 348
347-15 2015 Sewershed 7 & 10 Manhole Replacement Project; Preliminary approval of plans, specifications,
form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of
contract, and estimated cost; and ordering the advertisement for bids ..................................................... 349
348-15 Resolution of Necessity finding that certain property in English Ridge Subdivision is an Economic
Development Area and that the development of said Area is necessary in the interest of the residents of
the City of Dubuque, Iowa and setting a date for hearing on a proposed Urban Renewal Plan for said
District ......................................................................................................................................................... 350
349-15 Approving application for voluntary annexation of territory to City of Dubuque, Iowa. ..................... 351
350-15 Disposing of City interest in real property located 1501-03 Bluff St. in City of Dubuque, IA ............... 352
351-15 Awarding Public Improvement Contract for the Upper Bee Branch Creek Mississippi River Trail (MRT)
Iowa DOT Project No. SB-IA-2100(675)--7T-31 ............................................................................................ 352
352-15 Awarding Public Improvement Contract for the Lake Eleanor Road Lift Station and Water Main
Extension Project ......................................................................................................................................... 353
353-15 Authorizing execution of a Lead Hazard Control Grant Agreement with the U.S. Department of
Housing and Urban Development................................................................................................................ 356
354-15 Accepting the EB Lyons Interpretive Area Expansion Project and authorizing the payment of the
contract amount to the contractor .............................................................................................................. 356
355-15 Accepting the 2015 Asbury Road Pavement Rehabilitation Project and authorizing the payment of the
contract amount to the contractor .............................................................................................................. 357
356-15 Accepting the Miller-Riverview Park - Concrete Pads Project and authorizing the payment to the
contractor .................................................................................................................................................... 357
357-15 Approving Amendment #5 to the contract with East Central Intergovernmental Association for Grant
Administration of CDBG Contract #08-DRH-212 with the Iowa Economic Development Authority ............ 358
358-15 Approval of an Agreement and accepting a Grant of Permanent Easement for a bus shelter located at
St. Mary's Apartments of Dubuque, 2955 Kaufmann Avenue, in Dubuque, Iowa ....................................... 358
Book 145 INDEX 483
359-15 Approving the First Amendment to the Development Agreement between the City of Dubuque, Iowa
and Weaver Castle, LLC ................................................................................................................................ 358
360-15 Approving the Second Amendment to the Development Agreement between the City of Dubuque,
Iowa and Weaver Castle, LLC ....................................................................................................................... 359
361-15 Approving a Release of Mortgage by the City of Dubuque, Iowa on the property at 1500 Radford Road
owned by Kevin F. Freiburger and Lee Ann Freiburger (Precision Tool & Engineering, Inc.) ....................... 359
362-15 Accepting a Grant of Storm Water Detention Facility and Storm Water Impoundment Easement
through, over and across parts of Lot H, Lot 91, Lot 98 and Lot 99 of Timber-Hyrst Estates No. 4, in the City
of Dubuque, Dubuque County, Iowa ........................................................................................................... 360
363-15 Declaring an Official Intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for
certain original expenditures paid in connection with the Fiscal Year 2016 Projects .................................. 361
364-15 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Spiegel Family Realty
Company Iowa, LLC ...................................................................................................................................... 362
365-15 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 .......................................................................................................................... 363
366-15 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa
Code 453A.47A ............................................................................................................................................ 363
367-15 Bee Branch Creek - Basin Overlook & 22nd Street Parking Lot Project, Iowa DOT Project NO. TAP-U-
2100(683)--81-31 ......................................................................................................................................... 363
368-15 Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and
providing for the publication thereof .......................................................................................................... 364
369-15 Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and
providing for the publication of notice thereof ........................................................................................... 365
370-15 Disposing of City interest in a portion of a Sanitary Sewer Easement over and across Lot 1 of Indiana
Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa. ............................................................. 368
371-15 Approval of plans, specifications, form of contract, and estimated cost for the 2015 Sewershed 7 & 10
Manhole Replacement Project .................................................................................................................... 369
372-15 Approving Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District ......................................................................................................................................................... 369
373-15 Awarding the public improvement contract for the Bunker Hill Golf Course Irrigation Project Phase 2
..................................................................................................................................................................... 370
374-15 Accepting a Grant of Sanitary Sewer Access Easement through, over and across part of Lot G and Lot
38 of Timber-Hyrst Estates No. 4 Subdivision, in the City of Dubuque, Iowa .............................................. 376
375-15 Adopting the final Assessment Schedule for the Public Right-of-Way Sidewalk Repair Assessment
Project.......................................................................................................................................................... 376
376-15 Authorizing the City to collect delinquent 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 .............................................. 377
377-15 Adopting the Schedule of Assessments for 2015 and directing the City Clerk to certify the Schedule of
Assessments to the County Treasurer and to public notice thereof ............................................................ 378
378-15 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 .......................................................................................................................... 380
379-15 Preliminary approval of plans, specifications, form of contract, and estimated cots; setting date of
public hearing on plans, specifications, form of contract, and estimated cots; and ordering the
advertisement for bids ................................................................................................................................. 380
380-15 Approving the Urban Renewal Plan for the English Ridge Housing Urban Renewal Area ................... 381
381-15 Approval of plans, specifications, form of contract, and estimated cost for the Bee Branch Creek –
Basin Overlook & 22nd Street Parking Lot Project, Iowa DOT Project No. TAP-U-2100(683)--81-31 .......... 382
382-15 Disposing of City interest in real estate (lot) 1849 Jackson Street in the City of Dubuque, Iowa ........ 382
383-15 Disposing of City Interest in real property - 767 University Avenue in the City of Dubuque, Iowa ..... 382
384-15 Approving an Asset Purchase Agreement for the sale and transfer of existing assets by and between
the City of Dubuque, Iowa and Twin Ridge Water, Inc., in Dubuque County, Iowa and approving an Offer to
Buy and Acceptance for the acquisition of real estate owned by the Grace M. Mueller Revocable Family
Trust and Raymond M. Mueller Irrevocable Family Trust in Dubuque County, Iowa .................................. 383
385-15 Awarding public improvement contract for 2015 Sewershed 7 & 10 Manhole Replacement Project 384
386-15 Accepting Warranty Deed to certain real estate in Dubuque County, Iowa and Quit Claim Deed to
certain real estate in Dubuque County, Iowa, and approving other supporting documents related to Asset
Purchase Agreement for sale and transfer of existing assets by and between City of Dubuque, Iowa and
484 INDEX Book 145
Twin Ridge Water, Inc, in Dubuque County, Iowa and Offer to Buy and Acceptance for the acquisition of
real estate owned by the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable
Family Trust in Dubuque County, Iowa ........................................................................................................ 390
387-15 Accepting the sewage lift station, sanitary sewer force main, and gravity sanitary sewer located in
Southgate Center Addition and accepting the Grant of Easement through, under, and across the balance of
Lot A Southgate Center Second Addition the maintenance of the sewage lift station and piping located in
the balance of Lot A Southgate Center Second Addition ............................................................................. 391
388-15 Accepting the Building Deconstruction at 610 Wilbur Street Project and authorizing the payment of
the contract amount to the contractor ....................................................................................................... 391
389-15 Accepting the Stoltz Street Retaining Wall Repair Project and authorizing the payment of the contract
amount to the contractor ............................................................................................................................ 392
390-15 Accepting a Grant of Permanent Easement for ................................................................................... 393
391-15 Approving the Fiscal Year 2015 Urban Renewal Report for the City of Dubuque ............................... 393
392-15 Amending the Purchase Agreement for the Acquisition of Real Estate owned by Blum Properties, Inc.,
in the City of Dubuque ................................................................................................................................. 394
393-15 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 .......................................................................................................................... 395
394-15 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa
Code 453A.47A ............................................................................................................................................ 395
395-15 Approval of plans, specifications, form of contract, and estimated cost for the 2015 SCADA (Flow
Metering Stations) Manhole Installation Project ......................................................................................... 397
396-15 Amending Resolution No. 38-15 which approved the English Ridge Housing Urban Renewal Area by
substituting a new Attachment D to correct the legal description for the English Ridge Housing Urban
Renewal District ........................................................................................................................................... 397
397-15 Approving Agreement between City of Dubuque, Iowa and Derby Grange, LLC, for development of
property at northwest corner of John F. Kennedy Road and Derby Grange Road ...................................... 399
398-15 Approving a Pre-Annexation Agreement, Covenant Pertaining to Water Service, and Covenant
Assessment of Costs of Improvements between the City of Dubuque, Iowa and Derby Grange, LLC ......... 399
399-15 Authorizing REAP Grant Agreement with Iowa Department of Natural Resources for Eagle Point Park
Environmental Restoration Project ............................................................................................................. 400
400-15 Finding that the designation of the Lange Estate Urban Revitalization Plan is necessary to encourage
needed housing and residential development providing safe, affordable housing for the residents of the
City of Dubuque, Iowa ................................................................................................................................. 400
401-15 Finding that designation of Marquette Hall Urban Revitalization Plan is necessary in interest of public
health, safety, and welfare of the residents of City of Dubuque, Iowa ....................................................... 401
402-15 Finding that designation of Paragon Square Urban Revitalization Plan is necessary for rehabilitation
and conservation of hereinafter described property and Urban Revitalization Area is necessary in the
interests of public health, safety, and welfare of residents of the City ....................................................... 402
403-15 Finding that the designation of the University Lofts Urban Revitalization Plan is necessary to
encourage needed housing and residential development providing safe, affordable housing for the
residents of the City of Dubuque ................................................................................................................. 402
404-15 Awarding public improvement contract for the SCADA (Flow Metering Stations) Manhole Installation
Project ......................................................................................................................................................... 404
405-15 Accepting the 2015 Asphalt Overlay Project Curb Access Ramps Project One and authorizing the
payment of the contract amount to the contractor .................................................................................... 406
406-15 Accepting the 2015 Asphalt Overlay Project Curb Access Ramps Project Two and authorizing the
payment of the contract amount to the contractor .................................................................................... 406
407-15 Accepting the 2015 Asphalt Overlay Project Curb Access Ramps Project Three and authorizing the
payment of the contract amount to the contractor .................................................................................... 407
408-15 Accepting the SRF Green Alley Project - Bid Set 1 - Year 2 and authorizing the payment of the contract
amount to the contractor ............................................................................................................................ 407
409-15 Adopting Final Assessment Schedule for SRF Green Alley Project Bid Set 1 - Year 2 .......................... 407
410-15 Accepting public improvements in Arbor Estates No. 2 in the City of Dubuque, Iowa ........................ 409
411-15 Accepting the Fire Station No. 4 - Mechanical & Restroom Upgrade Project and authorizing the
payment to the contractor .......................................................................................................................... 410
412-15 Accepting public roadway improvements at JFK Rd. - West 32nd Street in the City of Dubuque, IA .. 410
413-15 Approving the Second Amendment to the Development Agreement between the City of Dubuque,
Iowa and Weaver Castle, LLC ....................................................................................................................... 411
Book 145 INDEX 485
414-15 Approving the Second Amendment to the Development Agreement between the City of Dubuque,
Iowa and Weaver Castle, LLC ....................................................................................................................... 411
415-15 Approving an application for water monitoring and establishing the City Manager as an authorized
representative regarding the agreement between the U.S. Environmental Protection Agency and the City
of Dubuque, Iowa for Urban Waters Small Grant ........................................................................................ 412
416-15 Approving Jurisdiction Agreement between City of Dubuque and (IDOT) for Iowa Scenic Byways
Program to remove and replace Iowa Great River Road signs .................................................................... 412
417-15 Approving the Consultant Professional Services - Supplemental Agreement No. 15 between AECOM
Technical Services, Inc., and the City of Dubuque for the completion of final engineering design phase of
the Southwest Arterial Project .................................................................................................................... 413
418-15 Approving Fiscal Year 2016 (Program Year 2015) Annual Action Plan Amendment 2 for Community
Development Block Grant (CDBG) Funds ..................................................................................................... 414
419-15 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 .......................................................................................................................... 415
420-15 Fixing date for a meeting on the proposition of the issuance of not to exceed $505,000 General
Obligation Bonds of the City of Dubuque, State of Iowa (for General Corporate Purposes), and providing for
publication of notice thereof ....................................................................................................................... 415
421-15 Fixing date for a meeting on the proposition of the issuance of not to exceed $15,555,000 General
Obligation Bonds of the City of Dubuque, State of Iowa (for Essential Corporate Purposes), and providing
for publication of notice thereof ................................................................................................................. 416
422-15 Awarding the public improvement contract for the Bee Branch Creek - Basin Overlook & 22nd Street
Parking Lot Project, Iowa DOT Project No. TAP-U-2100(683)--81-31 .......................................................... 417
423-15 Authorizing City Manager to negotiate contract with Shive Hattery, Inc., for grant administration for
2015 Environmental Protection Agency Brownfields Area-Wide Planning Cooperative Agreement .......... 418
424-15 Accepting Deed to certain real estate owned by Blum Properties, Inc., in Dubuque Co., IA ............... 420
425-15 Accepting the John F. Kennedy Road & Wacker Drive Traffic Signal Replacement Project and
authorizing the payment of the contract amount to the contractor ........................................................... 422
426-15 Accepting the John F. Kennedy Road PCC Panel Replacement Project between 32nd Street and NW
Arterial and authorizing the payment of the contract amount to the contractor ....................................... 423
427-15 Accepting public improvements in Sky Blue Estate Subdivision in City of Dubuque, Iowa.................. 423
428-15 Approving the 4th Amendment to the Development Agreement between the City of Dubuque, Iowa
and Novelty Iron Landlord, LLC .................................................................................................................... 424
429-15 Approving the First Amendment to the Development Agreement between the City of Dubuque, Iowa
and Kenneth Oberbroeckling ....................................................................................................................... 424
430-15 Attaching a Single-Family, Owner-Occupied Residence Restrictive Covenant to 2300 Jackson Street,
Dubuque, Iowa............................................................................................................................................. 424
431-15 Approving Plat of Survey of Dubuque Industrial Center South Second Addition in the City of Dubuque,
Dubuque County, Iowa ................................................................................................................................ 425
432-15 Approving the Plat of Survey for Dolter Place No. 2 in the City of Dubuque, Iowa ............................. 425
433-15 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Richard A.
Oberbroeckling and Ronald L. Oberbroeckling ............................................................................................ 426
434-15 Approving a Pre-Annexation Agreement by the City of Dubuque, Iowa (Lot 2, Lot B) ........................ 426
435-15 Approving a Pre-Annexation Agreement by the City of Dubuque, Iowa (Lot 18) ................................ 426
436-15 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 .......................................................................................................................... 428
437-15 Setting a public hearing on the intent to commence a public improvement project for the Southwest
Arterial Project and to acquire agricultural land for the Project and to establish just compensation
valuation (fair market value) of necessary right-of-way property which the City intends to acquire or
condemn if required for the Southwest Arterial Project ............................................................................. 428
438-15 Instituting proceedings to take additional action for the issuance of not to exceed $15,555,000
General Obligation Bonds ............................................................................................................................ 435
439-15 Instituting the proceedings to take additional action for the issuance of not to exceed $505,000
General Obligation Bonds ............................................................................................................................ 436
440-15 Establishing the fair market value and authorizing the acquisition by Eminent Domain of Certain Real
Property owned by Morrison Brothers in the City of Dubuque, Iowa. ........................................................ 437
441-15 Providing that any unclaimed funds in the escrow account from the Franchise Fee Class Action
Settlement in Zaber V. City of Dubuque be used for payment of the Judgment Bond ................................ 437
486 INDEX Book 145
Resource Enhancement and Protection (REAP) ..................................................................................... 72, 270, 400
Restrictive Covenant
1501-1503 Bluff Street..................................................................................................................................... 304
1849 Jackson Street ......................................................................................................................................... 343
2300 Jackson Street ......................................................................................................................................... 424
2525 Windsor Avenue ..................................................................................................................................... 305
595 Angella Street ........................................................................................................................................... 184
767 University Avenue ..................................................................................................................................... 323
Retired and Senior Volunteer Program (RSVP) ............................................................................................ 106, 234
Revenue Capital Loan Notes (SRF Program) Stormwater Utility Series 2015B .................................................... 219
Revitalize Iowa's Sound Economy .......................................................................................................................... 45
Rheingans, Stan - Dubuque Community Schools ................................................................................................. 388
Rhomberg Avenue ............................................................................................................................................... 236
Richardson, Chad - Richardson Investments ......................................................................................................... 20
Riedel, Sue ............................................................................................................................................................. 44
River City Paving .................................................................................................................................................... 34
Riverdream Properties LLC .......................................................................................................................... 409, 410
Riverview Center ................................................................................................................................................. 234
Road Ranger .................................................................................................................................... 36, 48, 158, 187
Robertson, Jacob G. ..................................................................................................................................... 160, 192
Roche, Art - Days of Peace Committee ................................................................................................................ 299
Rockdale Road ......................................................................................................................................................... 2
Roerig-Blong, Janice - JD&C ................................................................................................................................. 430
Ron’s Discount Smokes and Beverage ......................................................................................... 147, 187, 289, 290
Ron's 5 Point Mart ....................................................................................................................................... 127, 187
Roosevelt Park ....................................................................................................................................... 73, 123, 154
Rose, Jessica - Inclusive Dubuque Coordinator ...................................................................................................... 44
Rotary Club of Dubuque .............................................................................................................................. 212, 307
Roussell, Laura ................................................................................................................................... 9, 28, 190, 216
Royal Oaks Development Corporation ........................................................................................................ 111, 113
Rural Mutual Insurance ......................................................................................................................................... 18
Rutz, Steve ........................................................................................................................................................... 322
Ryan, Nick ............................................................................................................................................................ 390
Ryan, Sarah .......................................................................................................................................................... 390
S
Sacred Heart Elementary School ......................................................................... 406, 434, See also Marquette Hall
Sale of Property
1318 Jackson Street ..................................................................................................................................... 48, 77
1421 Elm Street ....................................................................................................................................... 160, 192
1501-1503 Bluff Street............................................................................................................................. 326, 352
1513 Washington Street .......................................................................................................................... 159, 190
1598 Washington Street .......................................................................................................................... 159, 191
1849 Jackson Street ................................................................................................................................. 365, 382
2521 Stafford Street ................................................................................................................................ 148, 164
2525 Windsor Avenue ............................................................................................................................. 309, 334
396 W. Locust Street................................................................................................................................ 273, 292
767 University Avenue ............................................................................................................................. 364, 382
Salina Street ................................................................................................................................. 212, 246, 247, 341
Salsa's Mexican Restaurant ................................................................................................................................... 97
Sam's Club ........................................................................................................................................... 113, 212, 428
Alcohol Compliance Civil Penalty ..................................................................................................................... 113
Sarazin, Mark ............................................................................................................................................... 106, 107
SCADA (Flow Metering Stations) Manhole Installation Project ........................................................................... 428
Schellenberg, Blake and Linda ............................................................................................................................. 254
Schmitt, Penni ...................................................................................................................................................... 300
Schneider, Jake - Cartegraph CEO ........................................................................................................................ 352
Schoenberger, Linda ............................................................................................................................................ 254
Book 145 INDEX 487
School Resource Officer ................................................................................................................................. 32, 346
Schultz, Paul ............................................................................................................................................... 41, 78, 79
Schulz, Eric ............................................................................................................................................................. 43
Schuster, Linda S. ......................................................................................................................................... 390, 391
Schwartz, Stanley ................................................................................................................................................. 154
Schwendinger, Adam ........................................................................................................................................... 253
Scott Estal vs. City of Dubuque ............................................................................................................................ 393
Scott, Adrienne .................................................................................................................................... 190, 215, 310
Secondhand Dealer Business License Appeal - Ace Construction ........................................................................ 334
Security Investments, LLC ............................................................................................................................ 342, 343
Sedgwick Claims Management Service, Inc. .......................................................................................................... 73
Seippel Road ........................................................................................................................................................ 291
SELCO, Inc. ............................................................................................................................. 34, 246, 255, 272, 341
Seminary Hill Residential Historic District ............................................................................................................ 232
Serna, Dora .................................................................................................................................................. 417, 429
Seven Hundred Fifty Nine (759) Bluff, LP ............................................................................................................. 335
Shannon's Bar & Grill ........................................................................................................................................... 272
Shelter Plus Care .................................................................................................................................................. 284
Shenanigans Pub .......................................................................................................................................... 147, 212
Sheridan Village Apartments ....................................................................................................................... 129, 166
Shive Hattery, Inc. ................................................................................................................................................ 418
Shot Tower Inn .................................................................................................................................................... 127
Sicar, Priya - Lord Cultural Resources .................................................................................................................. 293
Sid's Beverage Store .................................................................................................................................... 212, 290
Siegert, Gina .......................................................................................................................................... 44, 214, 215
Siegert, Janet L. ................................................................................................................................................ 19, 20
Siegert, William A. ........................................................................................................................................... 19, 20
Siegert’s Place Fifth Addition ........................................................................................................... 19, 29, 277, 429
Simon, Stan L. and Charalin C. ............................................................................................................................. 344
Simpson, Allison ................................................................................................................................................... 153
Sister City Relationships Advisory Commission
Code of Ordinances Amendment .................................................................................................................... 320
Membership ................................................................................................................................................ 37, 49
Minutes Submitted ......................................................................................... 1, 32, 106, 206, 269, 299, 340, 404
Presentation .................................................................................................................................................... 334
Sisters of Charity Blessed Virgin Mary / Lakota Group .......................................................................................... 49
Sisters of the Visitation ................................................................................................................................ 283, 300
Skate Park .................................................................................................................................................... 217, 294
Skate Park Evaluation and Conceptual Design ..................................................................................................... 294
Consultant Selection ........................................................................................................................................ 294
Skinny Maginny's Bar ........................................................................................................................................... 380
Sky Blue Estates ................................................................................................................................................... 423
Smarter Cities Challenge ........................................................................................................................................ 35
Smith, Ann ............................................................................................................................................................. 81
Smith, Elizabeth ................................................................................................................................................... 106
Smokestack, The .................................................................................................................................................... 74
Soley, Barbara .................................................................................................................................................. 67, 91
Source of Income ......................................................................................................................................... 403, 421
Southwest Arterial Moratorium ............................................................................................................ 29, 276, 277
Southwest Arterial Project .............................................................. 93, 157, 158, 243, 263, 275, 306, 341, 413, 428
Special Session ............................................................................................................................................. 268, 269
Specific and Aggregate Stop Loss Insurance Renewal ......................................................................................... 183
Spencer Gifts................................................................................................................................................ 158, 187
Tobacco Compliance Civil Penalty ................................................................................................................... 158
Spiegel Family Realty Company Iowa, LLC ................................................................................................... 362, 363
Sportsters Pub & Grub ........................................................................................................................................... 48
SRF Green Alley Bid Set 1 - Year 2 ........................................................................................................................ 407
SRF Green Alley Bid Set 1 - Year 3 ................................................................................................ 128, 129, 193, 242
SRF Green Alley Bid Set 2 - Year 3 ................................................................................................ 187, 188, 245, 263
488 INDEX Book 145
SRF Green Alley Bid Set 3 - Year 2 ...................................................................................................22, 23, 24, 63, 77
SRF Green Alley Bid Set 3 - Year 3 ................................................................................. 243, 244, 245, 273, 274, 294
SRF Green Alley Bid Set 6 - Year 1 ........................................................................................................ 24, 25, 62, 78
SRF Green Alley Bid Set 7 - Year 1 .............................................................................................74, 75, 116, 134, 154
St. Mark Youth Enrichment Center ...................................................................................................... 181, 234, 257
St. Mary’s Apartments ................................................................................................................................. 216, 358
St. Mary’s Catholic Church ..................................................................................................................................... 32
St. Stephen’s Food Bank ...................................................................................................................................... 299
Stackis, Ted .......................................................................................................................................... 133, 309, 334
Staffing Position
Swimming Pool Concessions Staffing............................................................................................................... 411
Water Department - Request to Create a Separate Civil Service Classification ............................................... 411
Stafford Street ............................................................................................................................................. 148, 164
Stan's Coffee House ............................................................................................................................................. 147
STAR Communities ...................................................................................................................................... 139, 340
Start-Up Dubuque ................................................................................................................................ 311, 340, 352
State Historical Society of Iowa ............................................................................................................................. 19
State Legislative Priorities ................................................................................................................................ 1, 390
State of Iowa Flood Mitigation Board .......................................................................................................... 135, 302
State of Iowa Revolving Fund (SRF) .............................................................................. 106, 147, 148, 165, 167, 219
State of Iowa Water Resource Restoration Sponsored Project Program Funding ............................................... 294
Stelpflug, Chris and Gary- Weaver Castle, LLC ..................................................................................................... 117
Sterenchuk, Patrick - Laughter Yoga .................................................................................................................... 123
Steve's Ace Home & Garden ................................................................................................................................ 415
Steward, Audrea .............................................................................................................................................. 67, 68
Stewart, John - Multicultural Family Center Board Chairperson ......................................................................... 170
Stewart, R.R.S ........................................................................................................... 9, 190, 215, 216, 254, 291, 310
Stoltz Street ......................................................................................................................................................... 392
Stone Cliff Winery ................................................................................................................................ 127, 290, 379
Stormwater Utility Revenue Capital Loan Notes .................................................. 147, 148, 164, 165, 219, 220, 223
Storybook Hill Children's Zoo Boosters ................................................................................................................ 123
Strong, Aaron ....................................................................................................................................................... 322
Subdivision
Bies Drive ......................................................................................................................................................... 216
English Ridge .................................................................................................................................................... 350
Indiana Court ........................................................................................................................................... 300, 368
Sky Blue Estates ............................................................................................................................................... 423
Timber Hyrst No. 4 ..................................................................................................................................... 73, 359
Twin Ridge ............................................................................................................................................... 383, 426
University of Dubuque ............................................................................................................................... 99, 120
Sullivan, Brenda - Operation New View Community Action Agency ................................................................... 340
Sumek, Lyle - Sumek and Associates ........................................................................................................... 268, 282
Summer's Last Blast ............................................................................................................................................. 242
Super Stop III ............................................................................................................................................... 187, 290
Sustainable City Network....................................................................................................................................... 73
Sustainable Dubuque ................................. 19, 30, 41, 45, 67, 68, 123, 139, 254, 281, 282, 298, 304, 340, 356, 436
Swearing In of Officials ........................................................................................................................................ 139
Swiss Valley Farms Cooperative ...................................................................................................................... 67, 68
T
Tabled Items ...........................................................................................................................26, 161, 216, 335, 436
Target Department Store..................................................................................................................................... 363
Tax and Equity Fiscal Responsibility Act .............................................................................................................. 166
Tax Appeals .......................................................................................................................................... 271, 284, 427
Tax Increment Financing (TIF) ................................. 39, 119, 191, 197, 239, 240, 241, 283, 314, 333, 362, 384, 393
Report .............................................................................................................................................................. 414
Teamsters Union Local #120 ................................................................................................................ 125, 303, 422
TEFRA Notice ............................................................................................................................................... 166, 167
Book 145 INDEX 489
Telegraph Herald Newspaper ........................................................................................................................ 32, 122
Templeton Vaughn, Shirley ...................................................................................................................................... 9
Texas Roadhouse ................................................................................................................................................. 290
Text Amendment
Residential Freestanding Solar Arrays ............................................................................................. 263, 275, 293
Theisen, Julia - Body and Soul Spa ....................................................................................................................... 123
Theisen, Scott - Body and Soul Spa ...................................................................................................................... 123
Thomas J Miller vs. City of Dubuque .................................................................................................................... 390
Tiefenthaler, Thomas ........................................................................................................................................... 367
Tigges, Betty ................................................................................................................................................ 390, 405
Tigges, Jennifer ............................................................................................................................................ 190, 215
Tilp, Lisa ............................................................................................................................................................... 101
Timber-Hyrst Estates ..................................................................................................................... 73, 208, 359, 376
Title Transfer
1598 Washington Street ...................................................................................................................................... 8
Tjarks, DDS, Dr. Heyo ........................................................................................................................................... 314
Tobacco Outlet Plus ..................................................................................................................................... 147, 187
Top Grade Excavating .......................................................................................................... 126, 186, 384, 405, 414
Total Administrative Services Corporation Flexible Spending Plan ..................................................................... 412
Tott's Tap ............................................................................................................................................................. 147
Tow Contract – 2016 - 2018 Recommendation ................................................................................................... 209
Towers, Lisa ......................................................................................................................................................... 190
Town Clock Inn ...................................................................................................................................................... 36
Tracy, Kay J. ......................................................................................................................................................... 112
Tracy, William C. .................................................................................................................................................. 112
Tracy, William D. .................................................................................................................................................. 112
Traffic Safety Improvement Program .................................................................................................................... 32
Trailhead Energy .................................................................................................................................................. 284
Transit Advisory Board
Code of Ordinances Amendment .................................................................................................................... 179
Membership ............................................................................................................. 245, 262, 328, 351, 417, 429
Transit Division ................................................................................................................................. See Jule Transit
Transportation Alternatives Program .................................................................................................... 35, 238, 239
Travel Federation of Iowa .............................................................................................................................. 31, 376
Tricon General Construction, Inc. ................................................................................................................ 168, 242
Trieweiller, Dennis ............................................................................................................................................... 163
Trigger Happy Tattoo ................................................................................................................................... 107, 123
Trinity Affordable Housing Corporation ................................................ 129, 166, See Sheridan Village Apartments
Trinity Affordable Section 8 Assisted Apartments ............................................................................................... 166
Trinity-Sheridan Village, LLC ................................................................................................................................ 166
Tri-State Blind Society .......................................................................................................................................... 340
Tri-State Occupational Health, LLC ...................................................................................................................... 323
Troester, Diane .................................................................................................................................................... 368
Troupe, Allen ................................................................................................................................... 65, 78, 101, 122
Twenty Eight E Agreement – Catfish Watershed Authority ................................................................................. 294
Twenty First Street ................................................................................................................................................ 34
Twenty Second Street .......................................................................................................................................... 417
Twin Ridge Subdivision ........................................................................................................................................ 426
Twin Ridge Water, Inc. ................................................................................................................. 383, 384, 390, 391
Twining, Connie ............................................................................................................................................. 37, 429
Two Hundred Fifty Three (253) Main Street .......................................................................................... 97, 117, 424
U
U.S. Army Corp of Engineers ........................................................................................................................ 125, 237
U.S. Census Bureau boundary and annexation survey .......................................................................................... 47
U.S. Conference of Mayors .................................................................................................................................. 253
U.S. Department of Commerce Economic Development Administration ............................................................ 146
U.S. Department of Housing and Urban Development (HUD) ........ 85, 107, 169, 177, 205, 249, 256, 284, 322, 393
490 INDEX Book 145
U.S. Department of Justice .................................................................................................................... 69, 300, 411
U.S. Environmental Protection Agency (EPA) ............................. 69, 78, 91, 112, 197, 258, 259, 300, 411, 412, 418
U.S. Federal Energy Regulatory Commission ....................................................................................................... 304
U.S. Fish and Wildlife Service Midwest Region .................................................................................................... 412
U.S. Hwy 52 ............................................................................................................................................................ 35
U.S. Hwy 61 ............................................................................................................................................................ 45
Uhlrich, Paul ................................................................................................................................................ 149, 161
Underground Storage Tank ......................................................................................................................... 196, 197
Unified Development Code Text Amendment ..................................................................................................... 162
United Auto Workers Local #94 ....................................................................................................................... 9, 428
University Avenue ............................................................................... 32, 45, 46, 156, 323, 343, 364, 367, 382, 396
University Lofts .................................................................................................................................................... 402
University of Dubuque ............................................................................................ 99, 120, 209, 253, 271, 365, 366
Upper Bee Branch Creek Channel, Streets & Utilities Project ............................................................................. 186
Upper Bee Branch Creek Mississippi River Trail (MRT) ........................................................................................ 290
Upper Bee Branch Creek Restoration Project ......................................... See Bee Branch Creek Restoration Project
Upper Iowa Street Historic District ...................................................................................................................... 232
Urban Deer Management Plan ............................................................................................................................ 126
V
Vacate
Alley Between Main Street and Salina Street .................................................................................. 212, 246, 247
Lot C Reche's Subdivision - University of Dubuque Physician's Assistant Building Addition - Access, Utility and
Storm Water Drainage Easement .......................................................................................................... 99, 120
Request to Vacate - Sanitary Sewer Easement 3045 Indiana Court ........................................................ 326, 368
Valaskey, Corey ................................................................................................................................................ 76, 99
Veenstra & Kimm, Inc. ......................................................................................................................................... 140
Vincent, Alan................................................................................................................................................ 190, 215
Vinny Vanucchi’s Little Italy ................................................................................................................................. 259
Alcohol Compliance Civil Penalty ..................................................................................................................... 146
Virginia Tech ........................................................................................................................................................ 184
Visu-Sewer Clean & Seal ........................................................................................................................................ 95
Vize, Deborah L. ..................................................................................................................................................... 94
Vize, Joseph M. ...................................................................................................................................................... 94
Vlach III, Frank ..................................................................................................................................... 341, 395, 411
Voices from the Warehouse ................................................................................................................................ 212
Voluntary Compliance Agreement (VCA)............................................................................................. 180, 205, 265
W
W.C. Stewart ........................................................................................................................................................ 392
W.E. Wholesale Outlet......................................................................................................................................... 159
Wade, William - Bike Coop .................................................................................................................................. 139
Wahlert Catholic High School .............................................................................................................................. 105
Wainwright, Thomas........................................................................................................................................ 37, 49
Walbrun, Dolores A. Estate .................................................................................................................................... 46
Walgreens ............................................................................................................................................ 147, 186, 187
Waller, James (Jim) .............................................................................................................................................. 253
Wal-Mart Supercenter ................................................................................................................................. 212, 325
Walnut Tap, The .......................................................................................................................................... 187, 259
Wapsi Valley Archeology ..................................................................................................................................... 206
Ward, Mark .................................................................................................................................................. 190, 215
Warehouse Trust, LLC .................................................................................................................................. 105, 424
Warranty Deed .................... 2, 8, 20, 46, 77, 159, 164, 183, 190, 191, 192, 292, 296, 352, 382, 383, 390, 426, 427
Washington Neighborhood Association .............................................................................................................. 106
Washington Neighborhood Tool Library...................................................................................................... 211, 234
Washington Street ...................................................................................................... 8, 33, 159, 190, 191, 295, 437
Water & Resource Recovery Center ........................................... 21, 79, 81, 108, 141, 208, 300, 312, 313, 324, 438
Book 145 INDEX 491
Water Infrastructure Resiliency Finance Center .................................................................................................. 427
Water Quality Report .......................................................................................................................................... 181
Wayne Sharkey Demolition ................................................................................................................................... 70
Weaver Castle, LLC ..................................................................................... 68, 94, 98, 117, 273, 292, 358, 359, 411
Wee, Dr. Liang Chee - Northeast Iowa Community College (NICC) President ..................................................... 352
Wehrspann, Alex.................................................................................................................................................... 81
Weiss, Jenny ................................................................................................................................................ 190, 215
Welter, Betty ....................................................................................................................................................... 123
Wenzel Towing .................................................................................................................................................... 209
West Locust Street ............................................................................................................ 2, 263, 273, 292, 334, 359
Wherrity, Justin - JELD-WEN Staff .......................................................................................................................... 57
Whiskey River ...................................................................................................................................................... 127
White House Climate Action Champion ...................................................................................................... 152, 270
White Street .......................................................................................................................................... 34, 262, 284
White, Joyce - SMG .............................................................................................................................................. 397
White, Ronald ................................................................................................................................................ 99, 116
WHKS & Co .......................................................................................................................................... 213, 247, 248
Wiendenbacher, Albert ....................................................................................................................................... 107
Wilbur Street ............................................................................................................................................... 255, 391
Wildwood Court................................................................................................................................................... 344
Willey, Rick ............................................................................................................................................................ 45
Williams, Robert - Bike Coop ............................................................................................................................... 139
Williams, Stacey - Mississippi River Network ....................................................................................................... 355
Willis, Ruth A. .................................................................................................................................................... 2, 20
Wilson, Rosean ...................................................................................................................................................... 43
Windsor Avenue .................................................................................................................................. 305, 309, 334
Windsor Park Retirement Apartments ........................................................................................................ 216, 345
Wingstop ............................................................................................................................................................. 127
Winn, Ethan D. ............................................................................................................................................. 326, 352
Winn, Valerie R. ........................................................................................................................................... 326, 352
Wipperfurth, Keith - Director of Construction Management, University of Dubuque......................................... 365
Wisconsin Independent Network, LLC ................................................................................................................. 438
Wood, Lana - Project H.O.P.E. ............................................................................................................................. 388
Woodward Communications, Inc. ......................................................................................................................... 73
Woodyard, Julie - Executive Director, Crescent Community Health Center .......................................................... 79
Woolworth, Jeff - JELD-WEN, Property Manager .................................................................................................. 57
Work Session ....................................................................................................................................................... 298
Catfish Creek Watershed Management Plan ................................................................................................... 106
Dubuque Area Convention and Visitor Bureau .................................................................................................. 31
Enhanced Neighborhood Support ................................................................................................................... 354
Inclusive Dubuque ..................................................................................................................................... 44, 374
Parks to People Pilot Project ............................................................................................................................ 153
Project H.O.P.E. Update ................................................................................................................................... 388
Rehabilitation Projects Tour ............................................................................................................................ 388
Source of Income Update ................................................................................................................................ 421
Sustainable Dubuque ............................................................................................................................... 139, 340
Voluntary Compliance Agreement and Analysis of Impediments Action Plan ................................................ 205
Walking Tour of the Dubuque Intermodal Transportation Center .................................................................. 299
Worker’s Compensation ...................................................................................................................................... 346
Claims Administration - Renewal Rates ........................................................................................................... 300
Excess Insurance .............................................................................................................................................. 154
Settlement - Jerome Ben ................................................................................................................................. 154
Working/Investing in Neighborhood Stabilization ............................................................................................... 107
Wysocki, Enid E. ................................................................................................................................................... 286
Wysocki, Joseph A................................................................................................................................................ 286
Y
Yard Lighting Initiative ......................................................................................................................................... 356
492 INDEX Book 145
Yardarm Restaurant and Bar ................................................................................................................. 74, 147, 211
Yen Ching Restaurant .......................................................................................................................................... 380
Yoko, Greg ............................................................................................................................................................... 9
Yordy, Mitzi - Manager, Grand River Center .......................................................................................................... 15
Z
Zaber, J. Thomas. vs. City of Dubuque ................................................................................................................. 437
Zaruba, Jesseca L ................................................................................................................................................... 33
Zimmerman, Jessica - 1Mississippi Campaign ..................................................................................................... 355
Zoning Advisory Commission
Code of Ordinances Amendment .................................................................................................................... 251
Membership ........................................................................................................................................ 9, 190, 215
Minutes Submitted ................................................................. 18, 45, 91, 123, 154, 254, 283, 322, 355, 389, 422
Zoning Board of Adjustment
Membership ........................................................................................................................................ 9, 417, 429
Minutes Submitted ....................................................................... 18, 91, 123, 154, 206, 254, 283, 355, 375, 404
Ordinance Amendment ................................................................................................................................... 296
Zwack, Joe .................................................................................................................................................... 311, 422