12 17 18 City Council Proceedings Official_Special and Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on December 17, 2018
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson (arrived 5:46 p.m.),
Resnick, Rios, Shaw; City Manager Van Milligen, City Attorney Brumwell
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 Crime Prevention Efforts.
WORK SESSION
Crime Prevention Efforts
City of Dubuque Police Chief Mark Dalsing conducted a work sess ion with the City
Council on Crime Prevention Efforts. Topics included:
• Highlights from 2017 and 2018
• Calls for Service
• Part 1 Crimes for Calendar Years 2012 – 2017
o Crimes against persons
o Crimes against property
• Shots fired data
• Eastern Iowa Collaboration
• Federal Collaboration
• Neighborhood Response Team
• Technology and Data
o Camera network
o Facebook
• Challenges
• Partnerships
o Youth Based Partnerships
o Partnership network
• Initiatives
o Local Opioid Response
o Take-Back event
Police Chief Dalsing responded to questions from the City Council.
There being no further business, upon motion the City Council adjourned at 6:01 p.m.
/s/Kevin Firnstahl, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:05 p.m. on December 17, 2018
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios, Shaw;
City Manager Van Milligen, City Attorney Brumwell
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 Main Street 2018 Committee Member of the Year Recognition of Denette
Kellogg: Dubuque Main Street Executive Director Dan LoBianco presented the 2018
Committee Member of the Year award to Library Administrative Assistant Denette Kel-
logg.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Del Toro. Larson requested Item #22 be held for sep-
arate discussion. Motion carried 7-0.
1. Minutes and Reports Submitted: Cable TV Commission of 12/5; City Council Pro-
ceedings of 12/3; Community Development Advisory Commission of 10/17, 11/28; Five
Flags Civic Center Advisory Commission of 11/26; Historic Preservation Commission of
11/5; Housing Commission of 11/27; Human Rights Commission of 11/5; Library Bo ard
of Trustees Council Update #177 of 11/29; Long Range Planning Advisory Commission
of 11/13; Park and Recreation Advisory Commission of 11/13; Zoning Advisory Commis-
sion of 12/5; Zoning Board of Adjustment of 11/15; Proof of Publication for City Council
Proceedings of 11/5, 11/19; Proof of Publication for List of Claim s and Summary of Rev-
enues for Month Ending 10/31. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Giese Sheet Metal Co., Inc. for property damage. Upon
motion the documents were received and filed and referred to the City Attorney.
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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 As-
surance Pool: Giese Sheet Metal Co., Inc. for property damage. Upon motion the docu-
ments were received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommending Council approval for
payment of City expenditures. Upon motion the documents were received and filed, and
Resolution No. 369-18 Authorizing the Finance Director-City Treasurer to make certain
payments of bills that must be paid and approved for payment in accordance with City
procedures was adopted.
RESOLUTION NO. 369-18
AUTHORIZING THE FINANCE DIRECTOR-CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN
ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that
the Finance Director-City Treasurer shall keep an accurate account of all disbursements,
money, or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods
and services have been pre-audited by Finance Department personnel in accordance
with generally accepted internal control procedures and have been determined to have
been requisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treasurer has provided a list of Expenditures at-
tached hereto, and by this reference made a part hereof, to be drawn to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -
18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks
in payment of certain expenditures known as Exception Expenditures prior to City Council
approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders
and contracts issued in compliance with state and munici pal code requirements as re-
quested by designated requisitioning authorities in accordance with approved budget ap-
propriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to provide the statement of receipts and dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 17th day of December 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Legal Aid Fair Housing Initiatives Grant: City Manager recommending approval to
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submit a letter in support of Iowa Legal Aid’s Fair Housing Initiative Program grant appli-
cation. Upon motion the documents were received, filed, and approved.
6. Certified Local Government (CLG) Grant Agreement for 2020 Preserve Iowa Sum-
mit: City Manager recommending approval of a Certified Local Government (CLG) Pro-
gram Grant Agreement for the City of Dubuque to host the 2020 Preserve Iowa Summit.
Upon motion the documents were received and filed , and Resolution No. 370-18 Author-
izing CLG Grant Agreement with State Historic Preservation Office to host the Preserve
Iowa Summit was adopted.
RESOLUTION NO. 370-18
AUTHORIZING CLG GRANT AGREEMENT WITH STATE HISTORIC PRESERVATION
OFFICE TO HOST THE PRESERVE IOWA SUMMIT
Whereas, the State Historic Preservation Office has awarded Certified Local Govern-
ment (CLG) grant funds to the City of Dubuque to host the Preserve Iowa Summit in 2020;
and
Whereas, as a Certified Local Government the City of Dubuque is a Certified Local
Government and partnering with the State Historical Society, Preservation Iowa, and local
partners.
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 2019 CLG Grant Agreement
with the State Historic Preservation Office in the amount of $12,000 for the City to host
the Preserve Iowa Summit in 2020 with partners in Dubuque.
Section 2. The Planning Services Manager is hereby authorized to serve as project
manager in accordance with state requirements.
Passed, approved, and adopted this 17th day of December 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Certified Local Government (CLG) Grant Agreement for Four Mounds Preservation
Planning: City Manager recommending approval of a Certified Local Government (CLG)
Program Grant Agreement for preservation planning at Four Mounds Park. Upon motion
the documents were received and filed, and Resolution No. 371-18 Authorizing CLG
Grant Agreement with State Historic Preservation Office for Four Mounds was adopted.
RESOLUTION NO. 371-18
AUTHORIZING CLG GRANT AGREEMENT WITH STATE HISTORIC PRESERVATION
OFFICE FOR FOUR MOUNDS
Whereas, the State Historic Preservation Office has awarded Certified Local Govern-
ment (CLG) grant funds to the City of Dubuque for preservation planning for Four Mounds
Park; and
Whereas, as a Certified Local Government the City of Dubuque is the owner of the
Four Mounds Park and partners with Four Mounds Foundation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. The Mayor hereby is authorized to sign the FY 2019 CLG Grant Agreement
with the State Historic Preservation Office in the amount of $7,710 for preservation plan-
ning at Four Mounds Park.
Section 2. The Planning Services Manager is hereby authorized to serve as project
manager in accordance with state requirements.
Passed, approved, and adopted this 17th day of December 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Consultant Recommendation for Chaplain Schmitt Veteran's Memorial Project : City
Manager recommending approval giving authorization to the City Manager to negotiate
the final terms of an agreement with RDG and to execute a contract for design, engineer-
ing, and construction administration services for the Chaplain Schmitt Veteran’s Project.
Upon motion the documents were received, filed, and approved.
9. Dubuque Board of Realtors Agreement: City Manager recommending approval of a
three-year Agreement between the City of Dubuque’s Housing and Community Develop-
ment Department and the Dubuque Board of Realtors to list City-owned properties. Upon
motion the documents were received, filed, and approved.
10. Cotthingham & Butler Amendment to IEDA Contract: City Manager recommending
approval of a resolution authorizing an amendment to Con tract 18-DF-TC-020 by and
among Cottingham & Butler Insurance Services, Inc., the City of Dubuque, and the Iowa
Economic Development Authority (IEDA). Upon motion the documents were received and
filed, and Resolution No. 372-18 Approving an Amendment to the Economic Development
Financial Assistant Contract by and among Cottingham & Butler Insurance Services, Inc.,
the City of Dubuque, Iowa, and the Iowa Economic Development Authority was adopted.
RESOLUTION NO. 372-18
APPROVING AN AMENDMENT TO THE ECONOMIC DEVELOPMENT FINANCIAL
ASSISTANCE CONTRACT 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. (Cottingham & Butler) and the
City of Dubuque (City) entered into an Economic Development Financial Assistance Con-
tract (the Contract) with the Iowa Economic Development Authority (IEDA) to facilitate the
creation of twenty (20) full-time jobs in the City; and
Whereas, Cottingham & Butler identified an error on the Contract; and
Whereas, the IEDA recorded the correction through this amendment; and
Whereas, the parties now desire to amend the Contract as set forth in the attached
Contract Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Contract Amendment is hereby approved.
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Section 2. The Mayor is hereby authorized and directed to execute, and the City Man-
ager is hereby directed to submit the Contract Amendment to the Iowa Econom ic Devel-
opment Authority together with such other documents as may be required.
Passed, approved, and adopted this 17th day of December 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Resource Enhancement and Protection (REAP)Grant Agreement for Four Mounds
Park Ecological Restoration for Fiscal Year 2019: City Manager recommending approval
of an Iowa Department of Natural Resources Resource Enhancement and Protection
(REAP) Grant Agreement for Four Mounds Park Ecological Restoration Project. Upon
motion the documents were received and filed, and Resolution No. 373-18 Authorizing
CLG Grant Agreement with IDNR for Four Mounds Ecological Restoration was adopted.
RESOLUTION NO. 373-18
AUTHORIZING CLG GRANT AGREEMENT WITH IDNR FOR FOUR MOUNDS ECO-
LOGICAL RESTORATION
Whereas, the Iowa Department of Natural Resources (IDNR) Office has awarded Re-
source Enhancement and Protection (REAP) grant funds to the City of Dubuque for eco-
logical restoration for Four Mounds Park; and
Whereas, as the City of Dubuque is the owner of the Four Mounds Park and partners
with Four Mounds Foundation.
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 2019 REAP Grant Agreement
with the Iowa Department of Natural Resources in the amount of $200,000 for ecological
restoration at Four Mounds Park.
Section 2. The Planning Services Manager is hereby authorized to serve as project
manager in accordance with state requirements.
Passed, approved, and adopted this 17th day of December 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Tree City USA Application: City Manager recommending approval to submit an
application for Dubuque to become recertified as a Tree City USA. Upon motion the doc-
uments were received, filed, and approved.
13. Sustainable Dubuque Community Grants Recommendation Part 2 : City Manager
recommending approval of the Resilient Community Advisory Commission's recommen-
dation for funding the Winter Farmer's Market from the Sustainable Dubuque Community
Grant Program. Upon motion the documents were received, filed, and approved.
14. U.S. Army Corps of Engineers Planning Assistance to States - Agreement for Wa-
tershed Plan Development: City Manager recommending authorization for the Mayor to
execute the agreement with the U.S. Army Corps of Engineers, (USACE) in order for the
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USACE to provide riverfront planning and watershed management plan update and de-
velopment. Upon motion the documents were received, filed, and approved.
15. Urban Sustainability Directors Network (USDN) Equity Diversity and Inclusion
(EDI) Fellowship: City Manager recommending approval of a funding request to the Urban
Sustainability Director’s Network Grant Program for the Equity, Diversity, and Inclusion
Fellowship Program. Upon motion the documents were received, filed, and approved.
16. Workers' Compensation Claims Administrative Services Agreement Addendum :
City Manager recommending approval of an Addendum to the Agreemen t between the
City of Dubuque and Alternative Service Concepts for services related to the administra-
tion of the City’s Workers' Compensation Program. Upon motion the documents were
received, filed, and approved.
17. Request for Proposals for the Third-Party Administration of the Self-Funded Work-
ers' Compensation Program: City Manager recommending approval to enter into an
agreement with Arthur J. Gallagher Risk Management Services, Inc. to review and ana-
lyze the proposals for third-party administration of the City’s self-funded workers' com-
pensation program. Upon motion the documents were received, filed, and approved.
18. FDA Five-Year Food Information Sharing Agreement: City Manager recommending
approval to execute the FDA Five-Year, Single-Signature, Long-Term Food Information
Sharing Agreement for sharing non-public food information. Upon motion the documents
were received, filed, and approved.
19. Plat of Survey for Cedar Lake East Thirteenth Addition : Zoning Advisory Commis-
sion recommending approval of the Plat of Survey of Lot 1 and Lot 2 of Cedar Lake - East
Thirteenth Addition, locally known as 3271 North Cedar Court, subject to waiving the lot
frontage requirement for Lot 2. Upon motion the documents were received and filed, and
Resolution No. 374-18 Approving the Plat of Survey of Lot 1 and Lot 2 of Cedar Lake -
East Thirteenth Addition in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 374-18
APPROVING THE PLAT OF SURVEY OF LOT 1 AND LOT 2 OF CEDAR LAKE – EAST
THIRTEENTH ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1 and Lot 2
of Cedar Lake – East Thirteenth Addition in the City of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 2 on a p ublic or ap-
proved private street, where street frontage is required by Section 11-14 of Title 16 of the
City of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission
and its approval has been endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that
it conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code is waived to allow 0 feet of frontage on a public street or an
approved private street for Lot 2.
Section 2. That the Plat of Survey of Lot 1 and Lot 2 of Cedar Lake – East Thirteenth
Addition is hereby approved, and the Mayor and City Clerk are hereby authorized and
directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved, and adopted this 17th day of December 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Acceptance of the Clarke Drive and Locust Street Intersection Improvements Pro-
ject: City Manager recommending acceptance of the construction contract for the Clarke
Drive and Locust Street Intersection Improvement Project as completed by McDermott
Excavating. Upon motion the documents were received and filed, and Resolution No.
375-18 Accepting the Clarke Drive and Locust Street Intersection Improvement Project
and authorizing the payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 375-18
ACCEPTING THE CLARKE DRIVE & LOCUST STREET INTERSECTION IMPROVE-
MENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT
TO THE CONTRACTOR
Whereas, the public improvement contract for the Clarke Drive & Locust Street Inter-
section Improvement Project (the Project) has been completed by McDermott Excavating
(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 $86,725.02; and
Whereas, the Contractor has previously been paid $82,388.77 leaving a balance of
$4,336.25; 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 $4,336.25 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved, and adopted this 17th day of December 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE CLARKE DRIVE
& LOCUST STREET INTERSECTION IMPROVEMENT PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Clarke Drive & Locust Street Intersection Improvement Project, and
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that said Project has been performed in compliance with the terms of the Public Improve-
ment Contract, and that the total cost of the completed work is $95,397.52.
Dated this 12th day of December 2018.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 12th day of December 2018.
/s/Kevin S. Firnstahl, City Clerk
21. Mediacom Communications Company: Correspondence from Lee Grassley, Sen-
ior Manager of Government Relations for Mediacom Communications Company, inform-
ing the City of rate adjustments being implemented on or about January 1, 2019. Upon
motion the documents were received and filed.
22. Signed Contract(s): Amendment to Staffing Agreement with Dubuque Initiatives;
Revocable License with Premier Bank Revocable License for Iowa St. Parkway. IIW, P.C.
for DICW/McFadden Project Engineering Services. Motion by Larson to receive, and file
documents. Seconded by Del Toro. The City Manager directed to send correspondence
to Dubuque Initiatives requesting an annual report be presented to the City Council. Mo-
tion carried 7-0.
23. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Tem-
perley Excavating, Inc. for the 30th and Leibe Street Sanitary Sewer Reconstruction Pro-
ject; Tschiggfrie Excavating Co. for the Kerper Blvd. Sanitary Sewer Reconstruction Pro-
ject. Upon motion the documents were received, filed, and approved.
24. Business License Refund: Request from Port of Dubuque Marina C-Store for a
refund of the Liquor License No. BB0034433, located at 450 East 3rd Street, due to busi-
ness closing for the season. Upon motion the documents were received, filed, and ap-
proved.
25. 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. 376-18 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 was adopted.
RESOLUTION NO. 376-18
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and
filed with the City Council for approval and the same have been examined and approved;
and
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Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Holiday Inn Dubuque
Five Flags
450 Main St. Class B Liquor (Sunday)
Kwik Stop Food Mart 2320 Gateway Dr. Class C Beer, Class B Native
Wine (Sunday)
Magoo's Pizza 1875 University Ave. Special Class C Liquor (Out-
door) (Sunday)
Steve's Ace Home & Gar-
den
3350 J.F. Kennedy Rd. Class B Native Wine (Sunday)
The Moracco 1413 Rockdale Rd. Special Class C Liquor (Out-
door) (Sunday)
Hy-Vee C Store #1 3270 Dodge St. Class C Beer, Class B Wine
(Sunday)
New
The Wolfhound 1103 Iowa St Class C Liquor (Outdoor)
(Sunday)
Special Event(s) per Special Event Application Submittal
POSH 1155 Locust St. Class C liquor
Passed, approved, and adopted this 17th day of December 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick 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 Del Toro. Motion carried 7-0.
1. Historic Federal Building Roof Replacement Project (Initiation): City Manager rec-
ommending preliminary approval of the construction plans and specifications and estab-
lish January 7, 2019 as the date of the public hearing and authorize the City Clerk to
advertise for bid proposals for the Historic Federal Building Roof Restoration Project
through the adoption of the resolution. Upon motion the documents were received and
filed, and Resolution No. 377-18 Historic Federal Building - Roof Restoration Project was
adopted setting a public hearing for a meeting to commence at 6:00 p.m. on January 7,
2019 in the Historic Federal Building.
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RESOLUTION NO. 377-18
HISTORIC FEDERAL BUILDING - ROOF RESTORATION PROJECT
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 Historic
Federal Building Roof Restoration Project in the estimated amount $290,750.00, 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 7th day of January 2019, at 6:00 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 circulation in the City of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days
prior to the date of such hearing. At the hearing, any interested person may appear and
file objections to the proposed plans, specifications, form of contract, or estimated cost of
the Project.
The Historic Federal Building Roof Restoration Project is hereby ordered to be adver-
tised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the Notice to Bidders to be published on the
City of Dubuque website and a contractor plan room service with statewide circulation,
which notice shall be published not less than thirteen but not more than forty-five days
before the date for filing bids before 2:00 p.m. on the 17th day of January 2019. 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 6:00 p.m. on the 4th day of February 2019, in the Historic Federal Building
Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, approved, and adopted this 17th day of December 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Amendment for Residential Parking Permit District H: City Manager recommending
that the City Council schedule a public hearing for January 7, 2019, on the proposed
amendment(s) to District H, which adds Keystone Drive, both sides, from Phyllrich Drive
to its westerly terminus and changes the parking restriction to 7 a.m. through 3 p.m. on
school days only. Upon motion the documents were received and filed, and Resolution
No. 378-18 Setting a public hearing on amending Residential Parking Permit District H to
include both sides of Keystone Drive from Key Way Drive to its westerly terminus and to
modify the day / time parking restrictions in District H was adopted setting a public hearing
for a meeting to commence at 6:00 p.m. on January 7, 2019 in the Historic Federal Buil d-
ing.
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RESOLUTION NO. 378-18
SETTING A PUBLIC HEARING ON AMENDING RESIDENTIAL PARKING PERMIT
DISTRICT H TO INCLUDE BOTH SIDES OF KEYSTONE DRIVE FROM KEY WAY
DRIVE TO ITS WESTERLY TERMINUS AND TO MODIFY THE DAY/TIME PARKING
RESTRICTIONS IN DISTRICT H
Whereas, the City of Dubuque, pursuant to Ordinance 9 -14-321.740 of the Code of
Ordinances, has received a petition containing sufficient signatures requesting that the
area described as follows be included in Residential Parking Permit District H:
Keystone Drive from Keyway Drive westerly to its terminus
District H Day/Time Parking Restrictions; and
Whereas, the City Manager, in accordance with Ordinance 9-14-321.740 recommends
that Residential Parking Permit District H be amended to include such areas and to modify
the day/time parking restrictions that the City Council set a public hearing on the request
to amend Residential Parking Permit District H.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council finds and determines that the request from petitioner
is valid for Keystone Drive, in Residential Parking Permit District H.
Section 2. That the City Clerk be authorized and directed to publish a notice of public
hearing on amending Residential Parking Permit District H, to be held on January 7, 2019.
Passed, approved and adopted this 17th day of December 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Upper Bee Branch Creek Railroad Culvert Crossing Project : City Manager recom-
mending initiation of the public bidding procedure for the Upper Bee Branch Creek Rail-
road Culverts Project, and further recommends that a public hearing be set for January
7, 2019. Upon motion the documents were received and filed, and Resolution No. 379-
18 Preliminary approval of plans, specifications, form of contract, and estimated costs;
setting a 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 6:00 p.m. on January 7, 2019 in the Historic Federal Building.
RESOLUTION NO. 379-18
UPPER BEE BRANCH CREEK RAILROAD CULVERTS PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
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 Upper
Bee Branch Creek Railroad Culverts Project (Project), in the estimated amount of
$25,582,982.00 are hereby preliminarily approved and ordered filed in the office of the
City Clerk for public inspection.
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A public hearing will be held on the 7th day of January, 2019, at 6:00 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 circulation in the City of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days
prior to the date of such hearing. At the hearing, any interested person may appear and
file objections to the proposed plans, specifications, form of contract, or estimated cost of
the Project.
Upper Bee Branch Creek Railroad Culverts Project, is hereby ordered to be advertised
for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the Notice to Bidders to be published on the
City of Dubuque website and a contractor plan room service with statewide circulation,
which notice shall be published not less than thirteen but not more than forty -five days
before the date for filing bids before 2:00 p.m. on the 22 nd day of January, 2019. 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 6:00 p.m. on the 4th day of February 2019, in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 17th day of December 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions.
1. Housing Board of Appeals: Two, 3-year terms through January 11, 2022 (Expiring
terms of Spence and White). Applicants: Gil Spence, 975 Grove Terrace; Ron White,
3197 Highland Park Dr. Motion by Jones to appoint Mr. Spence and Mr. White each to a
3-year term through January 11, 2022. Seconded by Resnick. Motion carried 7-0.
2. Human Rights Commission: Three, 3-year terms through January 1, 2022 (Expiring
terms of Breitfelder, Hammel, and Parks). Applicants: Adrienne Breitfelder, 1365 Solon
St.; Gerald Hammel Jr., 1225 ½ Rhomberg Ave. (Additional Applicant); Kathrin Parks,
486 Clarke Dr. This commission is subject to the State of Iowa Gender Balance Law. 9
Commissioners total; currently 3 males/3 females/3 vacancies. Motion by Shaw to appoint
Ms. Breitfelder, Mr. Hammel, and Ms. Parks each to a 3 -year term through January 1,
2022. Seconded by Del Toro. Motion carried 7-0.
14
3. Mediacom Charitable Foundation: One, 1-year term through December 31, 2019
(Expiring term of Chavenelle), Applicant: Gail Chavenelle, 1155 Kelly Lane. Motion by
Larson to appoint Ms. Chavenelle to a 1-year term through December 31, 2019. Se-
conded by Resnick. Motion carried 7-0.
PUBLIC HEARINGS
1. DICW Urban Renewal Plan Amendment 2018.3 - Resolution of Adoption: Proof of
publication on notice of public hearing to consider approval of the Amended and Restated
Urban Renewal Plan, Version 2018.3, for the Dubuque Industrial Center Economic De-
velopment District, and the City Manager recommending approval. Motion by Jones to
receive and file the documents and adopt Resolution No. 380-18 Approving the Amended
and Restated Urban Renewal Plan, Version 2018.3, for the Dubuque Industrial Center
Economic Development District. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 380-18
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION
2018.3, FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT
DISTRICT
Whereas, by Resolution 348-18 on November 19, 2018 the City Council of the City of
Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal
Plan (the “Amended and Restated Urban Renewal Plan” or “Plan”) for the Dubuque In-
dustrial Center Economic Development District (the "District"); and
Whereas, the Amended and Restated Urban Renewal Plan for the District, Version
2018.3, 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
development purposes and objectives as described in the Plan; and
Whereas, a consultation process has been undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of Iowa with no written objections or recom-
mended changes to the Plan received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of I owa, 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 In-
dustrial Center Economic Development District, Version 2018.3, is hereby approved.
Section 2. That a feasible method exists for the location of any families who will be
displaced from the District, as amended, into decent, safe and sanitary dwell ing accom-
modations within their means and without undue hardship to such families; and that the
Amended and Restated Plan conforms to the general plan of the City as a whole. With
respect to any real property in the District acquired by the City in connect ion with the land
and projects included in the Plan, non-residential use is expected and with reference to
15
those portions thereof which are to be developed for non -residential uses, such non-res-
idential uses are necessary and appropriate to facilitate the proper growth and develop-
ment of the City in accordance with sound planning standards and local community ob-
jectives.
Section 3. That the District, as amended, continues to be an area for economic devel-
opment (commercial and industrial) within the meaning of Iowa Code Chapter 403; that
such area is eligible for designation as an urban renewal area and otherwise meets all
requisites under the provisions of Iowa Code Chapter 403; and that the rehabilitation,
conservation, redevelopment, development, or a combination thereof, of such area is
necessary in the interest of the public health, safety or welfare of the residents of this City.
Section 4. That, notwithstanding any resolution, ordinance, plan, amendment or any
other document, the Amended and Restated Plan shall be in full force and effect from the
date of this Resolution until the Council amends or repeals the Plan.
Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and
directed to file a certified copy of this Resolution in the office of the Dubuque County
[Auditor].
Passed, approved and adopted this 17th day of December 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Code of Ordinances Amendment Title 16 - Zoning Advisory Commission Voting
Quorum: Proof of publication for notice of public hearing to consider a request from the
City of Dubuque to Amend Unified Development Code (Zoning Ordinance) sections 16 -
9-1 (J)(5), 16-9-5-2(B), 16-9-6-2(B), and 16-9-6-3 to modify voting requirements for the
Zoning Advisory Commission and the Zoning Advisory Commission recommending ap-
proval. 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 responded to
questions from the City Council. Motion failed 5-2 with Del Toro and Rios voting Nay.
Motion by Resnick to approve the first reading of Ordinance No. 44-18 Amending Title
16 Unified Development Code of the City Code of Ordinances, by amending Section 16 -
9-1(J)(5), Section 16-9-5-2(B), Section 16-9-6-2(B) and Section 16-9-6-3 to remove the
requirement for a minimum of four affirmative votes by the Zoning Advisory Commission
for a recommendation of approval for rezonings and text amendments . Seconded by Lar-
son. Motion carries 5-2 with Del Toro and Rios voting Nay.
PUBLIC INPUT
Referencing the forthcoming Action Item, Tyler Daugherty, 6527 N Wilshire Ln. spoke
in support of the Phase 2 Study of the Five Flags Civic Center; Roseanne Schromen
Wilson, 1570 Seippel Rd. spoke against the Phase 2 Study of the Five Flags Civic Center;
Mark Heiderscheit, 3074 Sundown Ct. spoke in support of the Phase 2 Study of the Five
Flags Civic Center; John Pregler, 1525 Pego Ct. spoke in support of the Phase 2 Study
of the Five Flags Civic Center but has some concerns that have not been address ed yet
and would like the process to not be so rushed.
16
ACTION ITEMS
1. DICW Urban Renewal Plan Amendment 2018.3 – Ordinance: City Manager recom-
mending approval of an ordinance amending the Tax Increment Ordinance for the Dubu-
que Industrial Center Economic Development District as the District’s boundaries were
amended by Version 2018.3 of the Amended and Restated Urban Renewal Plan. 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 meeting s 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. 45-18 Amending
Ordinance No. 18-18, Previously Amended, providing that General Property Taxes Lev-
ied 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 o r to be issued,
incurred by said City in connection with the Amended and Restated Dubuque Industrial
Center Economic Development District Urban Renewal Redevelopment Project. Se-
conded by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 45-18
AMENDING ORDINANCE NO. 18-18, PREVIOUSLY AMENDED, PROVIDING THAT
GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUS-
TRIAL 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 DIS-
TRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTER-
EST 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 ECO-
NOMIC DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PRO-
JECT
Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industrial
Center Economic Development District (the “District”) 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, 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, Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15
on June 1, 2015, Resolution No. 309 -15 on September 8, 2015, Resolution No. 132 -16
17
on September 19, 2016, Resolution No. 157 -18 and Resolution No. 158-18 on May 21,
2018, and Resolution 380-18 on December 17, 2018 (as amended and restated, the “Ur-
ban Renewal Plan” or “Amended and Restated Urban Renewal Plan”); 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 District in Ordi-
nance 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 No-
vember 17, 1997, by Ordinance No. 70-08 on October 20, 2008, by Ordinance No. 10-14
on February 3, 2014, by Ordinance No. 39 -15 on June 1, 2015, by Ordinance No. 55-15
on September 8, 2015, by Ordinance No. 49-16 on September 19, 2016, and by Ordi-
nance 18-18 on May 21, 2018; and
Whereas, indebtedness has been incurred by the City, and additional indebtedness is
anticipated to be incurred in the future, to finance urban renewal project activities within
the District, and the continuing needs of redevelopment within the District are such as to
require the continued application of the incremental tax resources of the District; and
Whereas, the following enactment is necessary 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 18-18 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 means that portion of the City of Dubuque, Iowa de-
scribed in the Urban Renewal Plan for the District approved by Resolution No. 130-
88 on May 2, 1988, and subsequently amended by Resolution No. 484 -90 on De-
cember 17, 1990, which Original Project Area includes the lots and parcels located
within the area now legally described as follows:
All of Dubuque Industrial Center Eighth Addition; and
All of Lot 1 Dubuque Industrial Center 13th Addition; and
Lot 2 Dubuque Industrial Center 13th Addition; and
Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center 11th Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1-3 Dubuque Industrial Center 12th Addition; and
Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addition;
and
Lot 1 Dubuque Industrial Center 10th Addition; and
Lot 2-3 Dubuque Industrial Center 12th Addition; and
Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 12th Addition; and
Lot 2 Dubuque Industrial Center Ninth Addition; and
Lot 2 Dubuque Industrial Center 12th Addition; and
Lot 2-2 Dubuque Industrial Center Sixth Addition; and
Lot 3 Dubuque Industrial Center Ninth Addition; and
18
Lot 1 Dubuque Industrial Center Sixth Addition; and
Lot 2 of 2 Dubuque Industrial Center 7th Addition; and
Lot 2-1 Walter Addition; and
Lot 2-1 Walter Addition; and
And all 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
hereinafter described.
(b) Subarea B means that portion of the City of Dubuque, Iowa described as
Subarea B in the Amended and Restated Urban Renewal Plan for the District ap-
proved by Resolution No. 478-97 on November 17, 1997, and subsequently
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 fo llows:
Lots 1, 3, 4, 1 of 5, 6 and H of Dubuque Industrial Center West as originally
platted; and
Lots 1, 2, 3, 4, 5, 6, 7, 8, and C of Dubuque Industrial Center West 2 nd Addi-
tion as originally platted; and
Lots 1, 2, 3, 4, B, and C of Dubuque Industrial C enter West 4th Addition as
originally platted; 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 as originally platted; and
Lots 1, 2, and A of Dubuque Industrial Center West 6th Addition as originally
platted; and
Lots 1, 1 of 2, and 2 of 2 of Dubuque Industrial Center West 7th Addition as
originally platted; 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 as originally platted; and
and all that part of a 100-foot-wide strip of the Chicago Central Pacific Rail-
road 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 particularly described as follows: beginning 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, Township 89 North, Range 2 East, 5th Prin-
cipal Meridian; and
any adjoining public street right-of-way all in the City of Dubuque, Dubuque
County, Iowa.
19
(c) Subarea C means that portion of the City of Dubuque, Iowa described as
Subarea C in the Amended and Restated Urban Renewal Plan for the District ap-
proved 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:
Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and
Lots 2, 3, C and A of Dubuque Industrial Center North First Addition, except-
ing that Part of said Lot A originally platted as Lot 2 of the SW ¼ of the NW ¼
of Sec. 30, T89N, R2E of the 5th PM; and
and any adjoining public street right-of-way, all in the City of Dubuque, Dubuque
County, Iowa,
EXCEPT those lots and parcels included in Subarea K.
(d) Subarea D means that portion of the City of Dubuque, Iowa described as
Subarea D in the Amended and Restated Urban Renewal Plan for the District ap-
proved 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:
Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque
Industrial Center West 8th Addition in the City of Dubuque, Dubuque County,
Iowa.
(e) Subarea E means that portion of the City of Dubuque, Iowa described as
Subarea E in the Amended and Restated Urban Renewal Plan for the District ap-
proved by Resolution No. 87-11 on March 7, 2011, which Subarea E includes the
lots and parcels located within the area legally described as follows:
All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as originally
platted, 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 Indus-
trial 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 means that portion of the City of D ubuque, Iowa, and Dubuque
County described as Subarea F in the Amended and Restated Urban Renewal Plan
for the District approved by Resolution No. 197-15 on June 1, 2015, which Subarea
F includes the lots and parcels located within the area legally describ ed 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,
Section 25, Township 89 North, Range 1 East of the 5th Princip al 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) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque
County described as Subarea G in the Amended and Restated Urban Renewal Plan
20
for the District approved by Resolution No. 309-15 on September 8, 2015, which
Subarea G includes the lots and parcels located within the area legally described
as follows:
The South one-half 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 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) Subarea H means that portion of the City of Dubu que, Iowa, and Dubuque
County described as Subarea H in the Amended and Restated Urban Renewal Plan
for the District approved by Resolution No. 332 -16 on September 19, 2016, which
Subarea H includes the lots and parcels located within the area legally desc ribed as
follows:
Lot 1 of the Northeast ¼ of the Northeast ¼, and Lot 2 of Lot 1 of Lot 1 of Lot
2 of the Northeast ¼ of the Northeast ¼, of Section 30, in Township 89 North,
Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
(i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque
County described as Subarea I in the Amended and Restated Urban Renewal Plan
for the District approved by Resolution No. 332 -16 on September 19, 2016, which
Subarea I includes the lots and parcels located within the area legally described as
follows:
Lot 2 Seippel Road Place #2, Dubuque County, Iowa.
Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25,
Township 89 North, Range 2 East of the 5th Principal Meridian, Dubuque
County, Iowa
(j) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque
County described as Subarea J in the Amended and Restated Urban Renewal Plan
for the District approved by Resolution No. 332 -16 on September 19, 2016, which
Subarea J includes the lots and parcels located within the area legally described as
follows:
Lot 2 Julien Care Place, Dubuque County, Iowa.
Lot 3 Julien Care Place, Dubuque County, Iowa
Lot 2-1 Julien Care Place, Dubuque County, Iowa
(k) Subarea K means that portion of the City of Dubuque, Iowa, removed from
Subarea C of the District by Version 2018.1 of the Amended and Restated Plan for
the District approved by Resolution No. 157-18, and added to the District by Version
2018.2 of the Amended and Restated Plan for the District approved by Resolution
21
No. 158-18 as Subarea K, all on May 21, 2018, which Subarea K includes the lots
and parcels located within the area legally described as follows:
Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubu-
que, Iowa.
(l) Subarea L means that portion of the City of Dubuque, Iowa described as Sub-
area L in the Amended and Restated Urban Renewal Plan for the District approved
by Resolution 380-18 on December 17, 2018, which Subarea L includes the lots
and parcels located within the area legally described as follows:
Lot 1 of Loretta Bahl’s Homestead, in the City of Dubuque, Iowa, comprised
of Lot 1 of the West 30 Acres of the Southwest ¼ of the Southeast ¼, Section
19, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque,
Dubuque County, Iowa.
(m) Subarea M means that portion of the City of Dubuque, Iowa described as
Subarea M in the Amended and Restated Urban Renewal Plan for the District ap-
proved by Resolution 380-18 on December 17, 2018, which Subarea M includes the
lots and parcels located within the area legally described as follows:
Lot 2 of the Subdivision of Lot 2 of the Northeast ¼ of the Northeast ¼ of
Section 30, Township 89 North, Range 2 East of the 5th P.M. all in the Cit y of
Dubuque, Dubuque County, Iowa.
(n) Amended Project Area means 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, Subarea F, Subarea G, Subarea H, Subarea I, Subarea J,
Subarea K, Subarea L, and Subarea M each as described in this Section.
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 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: As to the Original Project Area, 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 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 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 assessment 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 (except the lots and parcels now forming Subarea K), base pe-
riod taxes shall be computed in the same manner using the total assessed value
shown on the assessment roll as of January 1, 2007, being the assessment roll
22
applicable to property in such subarea as of January 1 of the calendar year preced-
ing the effective date of Ordinance No. 70 -08, and base values shall be reduced
due to the removal of area from Subarea C.
As to Subarea D, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment 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 assessment 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 assessment 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 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 assessment roll as of January 1, 2014, b eing
the assessment roll applicable to property in such subarea as of January 1 of the
calendar year preceding the effective date of Ordinance No. 55 -15.
As to Subarea H, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2015, 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. 49 -16.
As to Subarea I, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2015, 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. 4 9-16.
As to Subarea J, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2015, 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. 49 -16.
As to Subarea K, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2017, 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. 18 -18.
As to Subarea L, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2017, 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 No. 45-18.
As to Subarea M, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2017, 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 No. 45-18.
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
23
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, as-
sumed or otherwise, 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 equipment 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 requ ired 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 Proje ct Area without any
limitation as hereinabove provided.
Section 5: Unless or until the total assessed valuation of the taxable property in the
subareas of the Amended Project Area exceeds the total assessed value of the taxable
property in said subareas 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 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, monies 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 Pro-
ject 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 ordinances in conflict with th e provisions of this
Ordinance are hereby repealed. The provisions 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. 18-18. 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 publi-
cation as provided by law.
Passed, approved and adopted this 17th day of December 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Read first time: December 17, 2018
Read second time: December 17, 2018
Read third time: December 17, 2018
PASSED AND APPROVED: December 17, 2018
PUBLISHED: December 21, 2018
24
2. Swiss Valley Urban Renewal Area - Termination Resolution: City Manager recom-
mending approval of proceedings terminating the Swiss Valley Economic Development
District Urban Renewal Area and approving an ordinance repealing any ordinances im-
plementing tax increment financing in the District. Motion by Resnick to receive and file
the documents and adopt Resolution No. 381-18 Terminating the Urban Renewal Plan
for the Swiss Valley Economic Development District and Ending the Swiss Valley Eco-
nomic Development District Urban Renewal Area. Seconded by Del Toro. Motion carried
7-0.
RESOLUTION NO. 381-18
TERMINATING THE URBAN RENEWAL PLAN FOR THE SWISS VALLEY ECONOMIC
DEVELOPMENT DISTRICT AND ENDING THE SWISS VALLEY ECONOMIC DEVEL-
OPMENT DISTRICT URBAN RENEWAL AREA
Whereas, by Resolution No. 212-98 approved and adopted May 18, 1998, this City
Council adopted Urban Renewal Plan (“Plan”) for the Swiss Valley Economic Develop-
ment District Urban Renewal Area (“District”); and
Whereas, the District includes the following property:
Commencing as a point of reference at the intersection of the centerline of Cen-
tral Avenue with Ruby Avenue, said point being the point of beginning: thence north-
easterly along the centerline of Ruby Avenue to the centerline of Jackson Street;
thence northwesterly along of Jackson Street to the centerline Aquin Avenue;
thence southwesterly along the centerline of Aquin Avenue 308 feet more or less to
the point of intersection with the easterly line of Lot 112 Linehan Park Addition ex-
tended northwesterly; thence southeasterly 125 feet more or less to the northerly
right-of-way line of the existing public alley; thence southwesterly along said right -
of-way line to the centerline of Central Avenue; thence southeasterly along the cen-
terline of Central Avenue to the point of beginning, containing 12 acres more or less
all in the City of Dubuque, Dubuque County, Iowa and any adjoining public right-of-
way; and
Whereas, the City has determined that property included in the District should be in-
cluded in the Peru Road Urban Renewal Area for continued development; and
Whereas, the City has determined that it is in the best interest of the City to formally
terminate the Plan and end the District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Plan for the District adopted by the City on May 18, 1998, and any
amendments thereto, is hereby terminated, and the District is hereby terminated.
Section 2. That any resolutions, or other approvals by the City Council providing for
the division of revenue under Iowa Code Section 403.19 in the District are hereby re-
pealed and any ordinances providing for the same will be repealed by separate ordinance.
Passed, approved and adopted this 17th day of December, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
25
3. Swiss Valley Urban Renewal Area - Termination Ordinance: City Manager recom-
mending approval of the Ordinance terminating the Urban Renewal Plan for the Swiss
Valley Economic Development District Urban Renewal Area and the ordinance repealing
any ordinances implementing tax increment financing in the District, as tax increment
financing cannot continue in the District once the Urban Renewa l Plan for the District is
terminated. Motion by Larson to receive and file the documents and that the requirement
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 Del Toro.
Motion carried 7-0.
Motion by Larson for final consideration and passage of Ordinance No. 46-18 Repeal-
ing Ordinance providing for the division of taxes levied on taxable property in the Swiss
Valley Economic Development District Urban Renewal Area, City of Dubuque, Iowa, pur-
suant to Section 403.19 of the Code of Iowa. Seconded by Del Toro. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 46-18
REPEALING ORDINANCES PROVIDING FOR THE DIVISION OF TAXES LEVIED ON
TAXABLE PROPERTY IN THE SWISS VALLEY ECONOMIC DEVELOPMENT DIS-
TRICT URBAN RENEWAL AREA, CITY OF DUBUQUE, IOWA, PURSUANT TO SEC-
TION 403.19 OF THE CODE OF IOWA
Whereas, the City of Dubuque (“City”) adopted the Urban Renewal Plan (“Plan”) for
the Swiss Valley Economic Development District Urban Renewal Area (“District”) by ap-
proval of Resolution No. 212-98 on May 18, 1998; and
Whereas, the District is legally described as follows:
Commencing as a point of reference at the intersection of the centerline of Cen-
tral Avenue with Ruby Avenue, said point being the point of beginning: thence north-
easterly along the centerline of Ruby Avenue to the centerline of Jackson Street;
thence northwesterly along of Jackson Street to the centerline Aquin Avenue;
thence southwesterly along the centerline of Aquin Avenue 308 feet more or less to
the point of intersection with the easterly line of Lot 112 Linehan Park Addition ex-
tended northwesterly; thence southeasterly 125 feet more or less to the northerly
right-of-way line of the existing public alley; thence southwesterly along said right-
of-way line to the centerline of Central Avenue; thence southeasterly along the cen-
terline of Central Avenue to the point of beginning, containing 12 acres more or less
all in the City of Dubuque, Dubuque County, Iowa and any adjoining public right-of-
way; and
Whereas, any debt that was certified for reimbursement through the division of property
tax revenues under Iowa Code Section 403.19 in the District has been fully paid and there
are no current obligations under the Plan to be paid from any tax increment within the
District; and
Whereas, the City Council has terminated the Plan and the District by Resolution; and
Whereas, accordingly, the City has determined to repeal any ordinances providing for
the division of taxes levied on taxable property in the District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
26
Section 1. That any ordinances providing for the division of property tax revenues in
the District under Iowa Code Section 403.19 are hereby repealed in their entirety and
shall have no further effect.
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section 3. This Ordinance shall be in effect after its final passage, approval and publi-
cation as provided by law.
Passed and approved this 17th day of December 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Read first time: December 17, 2018
Read second time: December 17, 2018
Read third time: December 17, 2018
PASSED AND APPROVED: December 17, 2018
PUBLISHED: December 21, 2018
4. Peru Road Urban Renewal District - Repealing Ordinance: City Manager recom-
mending approval of the ordinance repealing the TIF District for the Peru Road Urban
Renewal Area. Motion by Larson 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
meetings prior to the meeting at which it is to be passed be suspended. Seconded by Del
Toro. Motion carried 7-0.
Motion by Larson for final consideration and passage of Ordinance No. 47-18 Repeal-
ing Ordinance No. 45-17 Providing for the division of taxes on taxable property in the Peru
Road Economic Development District Urban Renewal Area, City of Dubuque, Iowa pur-
suant to Section 403.19 of the Code of Iowa. Seconded by Del Toro. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 47-18
REPEALING ORDINANCE NO. 45-17 PROVIDING FOR THE DIVISION OF TAXES
LEVIED ON TAXABLE PROPERTY IN THE PERU ROAD ECONOMIC DEVELOP-
MENT DISTRICT URBAN RENEWAL AREA, CITY OF DUBUQUE, IOWA, PURSUANT
TO SECTION 403.19 OF THE CODE OF IOWA
Whereas, the City of Dubuque (“City”) adopted the Peru Road Urban Renewal Plan
(“Plan”) for the Peru Road Economic Development District Urban Renewal Area (“Dis-
trict”) by approval of Resolution No. 382-17 on December 4, 2017; and
Whereas, on December 4, 2017, the City also adopted Ordinance No. 45-17 providing
for the division of property tax revenues on ta xable property in the District under Iowa
Code Section 403.19; and
Whereas, no debt has been certified for reimbursement through the division of property
tax revenues under Iowa Code Section 403.19 in the District and there are no current
obligations under the Plan to be paid from any tax increment within the District; and
Whereas, the City has determined that the goals and objectives of the Plan will be best
carried out by delaying the division of taxes on taxable property in the District; and
Whereas, accordingly, the City has determined to repeal any ordinances providing for
the division of taxes levied on taxable property in the District.
27
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That Ordinance No. 45-17 providing for the division of property tax revenues
in the District under Iowa Code Section 403.19 is hereby repealed in its entirety and shall
have no further effect as of the date of this Ordinance.
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section 3. This Ordinance shall be in effect after its final passage, approval and publi-
cation as provided by law.
Passed and approved this 17th day of December 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Read first time: December 17, 2018
Read second time: December 17, 2018
Read third time: December 17, 2018
PASSED AND APPROVED: December 17, 2018
PUBLISHED: December 21, 2018
5. Peru Road Urban Renewal District - Resolution of Adoption: City Manager recom-
mending approval of the Amended and Restated Urban Renewal Plan for the Peru Road
Urban Renewal Area. Motion by Resnick to receive and file the documents and adopt
Resolution No. 382-18 Approving the Amended and Restated Urban Renewal Plan for
the Peru Road Urban Renewal Area. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 382-18
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE
PERU ROAD URBAN RENEWAL AREA
Whereas, by Resolution 330-18 on November 5, 2018 the City Council of the City of
Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal
Plan (the "Plan") for the Peru Road Urban Renewal Area (the "Area"); and
Whereas, the proposed Plan for the Area has been prepared and placed on file for
public inspection in the City Clerk's Office; and
Whereas, the City Council of the City of Dubuque has determined that the creation of
the Area will stimulate, through public involvement and commitment, blight mitigation a nd
private investment in redevelopment activity; and
Whereas, a consultation process has been undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of Iowa with no written objections or recom-
mended changes to the Plan received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed Plan.
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 Peru Road
Urban Renewal Area, on file in the City Clerk's Office and made reference to herein, is
hereby approved; that a feasible method exists for the location of any families who will b e
displaced from the Area into decent, safe and sanitary dwelling accommodations within
28
their means and without undue hardship to such families; and that the Plan conforms to
the general plan of the City as a whole. The City does not currently anticipate the acqui-
sition of any real property in connection with the land and projects included in the Plan.
Section 2. That the Peru Road Urban Renewal Area is a mixed area for the remediation
of blight and promotion of economic development (commercial and industrial) within the
meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban
renewal area and otherwise meets all requisites under the provisions of Chapter 403 of
the Code of Iowa; and that the rehabilitation, conservation, redevelopment, development,
or a combination thereof, of such area is necessary in the interest of the public health,
safety or welfare of the residents of this City.
Section 3. That, notwithstanding any prior resolution, ordinance, plan, amendment or
any other document, the Plan shall be in full force and effect from the date of this Reso-
lution until the Council amends or repeals the Plan.
Section 4. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and
directed to file a certified copy of this Resolution in the office of the Dubuque County
Auditor.
Passed, approved and adopted this 17th day of December 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Comprehensive Annual Financial Report (CAFR) and Auditor's Communication: City
Manager transmitting the Fiscal Year 2018 Comprehensive Annual Financial Report
(CAFR), Auditor’s Communication with Those Charged with Governance Letter, along
with the City Finance staff’s responses to the auditor’s findings. Motion by Jones to re-
ceive and file the documents and view the presentation. Seconded by Resnick. Finance
Director Jean Nachtman and Assistant Finance Director Tami Lansing, made a brief
presentation on the (CAFR) and responded to questions from the City Council. Motion
carried 7-0.
7. Phase 2 Planning for an Expanded/Improved Five Flags Civic Center: City Manager
transmitted the Phase 2 Planning for an Expanded/Improved Five Flags Civic Center.
Motion by Resnick to receive and file and view the presentation. Seconded by Jones. Bill
Krueger, Conventions, Sports, and Leisure (CSL) and Ken Betsch, Betsch Associates
made a presentation on theater renovation and new arena construction. Presentation top-
ics included: Pervious Work, Scope of Current Planning Effort, Refined Program Ele-
ments, Project Site, Proposed Arena, Summary of Estimated Constriction Costs, Sum-
mary of Annual Performance Estimates, Nearby Parking Issues, Overall Parking Capac-
ity, and Funding Issues. Motion carried 7-0.
8. Donation of Land Bordering Eagle Point Park Approval: City Manager recommend-
ing acceptance of the donation of 11.57 acres of land from the Jeffrey Deforest Davis
Revocable Inter Vivos Trust as an addition to Eagle Point Park and further reco mmends
approval of a resolution and authorization for the City Manager to execute an offer to buy
real estate and the City Attorney’s Office be authorized to complete necessary actions to
complete the donation by year-end. Motion by Jones to receive and file the documents
and adopt Resolution No. 383-18 Accepting Deed to certain real estate in Dubuque
29
County, Iowa from the Jeffrey DeForest Davis Revocable Inter Vivos Trust. Seconded by
Larson. Motion carried 7-0.
RESOLUTION NO. 383-18
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA
FROM THE JEFFREY DEFOREST DAVIS REVOCABLE INTER VIVOS TRUST
Whereas, the Jeffrey Deforest Davis Revocable Inter Vivos Trust has offered to donate
to the City of Dubuque the following described real property in Dubuque County, Iowa:
Parcel 1107127021: Lot 10 Potters Shiras Ave Place - (10.72 Acres)
Parcel 1107127008: Lot 5 Potters Shiras Ave Place - (0.23 Acres)
Parcel 1107127023: Lot 11 Potters Shiras Ave Place - (0.62 acres); and
Whereas, the City Council finds that it is in the best interest of the City to accept such
gift from the Jeffrey Deforest Davis Revocable Inter Vivos Trust.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The City Manager is authorized to sign the attached purchase agreement.
Section 2. The City Attorney’s Office is authorized to act as necessary to facilitate a
closing on the real estate by the end of 2018 and accept a Warranty Deed from the Jeffrey
Deforest Davis Revocable Inter Vivos Trust.
Section 3. The City Attorney’s Office is hereby authorized and directed to record this
Resolution and the Warranty Deed with the Dubuque County Recorder following closing.
Passed, approved and adopted this 17th day of December 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Upper Bee Branch Culvert Crossing Project - Canadian Pacific Railroad Property
Acquisition: City Manager recommending adoption of resolutions approving the terms of
the Construction Agreement, Easement Agreements, and Environmental Right -of-Entry
Agreement related to the acquisition and use of easements through property owned by
Canadian Pacific Railway at 506 Garfield Avenue for the purpose of constructing and
maintaining the improvements associated with the Upper Bee Branch Creek Railroad
Culverts Project. Motion by Resnick to receive and file the documents, adopt Resolutions
No. 384-18 Accepting Grants of Easements through certain real property owned by Ca-
nadian Pacific Railway in the City of Dubuque, Iowa for the Bee Branch Railroad Culverts
Project and Resolution No. 385-18 Approving the Construction Agreement and Environ-
mental Right-of-Way Agreement for the acquisition and use of easements through certain
real property owned by Canadian Pacific Railway in the City of Dubuque, Iowa for the
Bee Branch Railroad Culverts Project and listen to the presentation. Civil Engineer Deron
Muehring provided a video and staff report. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 384-18
ACCEPTING GRANTS OF EASEMENTS THROUGH CERTAIN REAL PROPERTY
OWNED by CANADIAN PACIFIC RAILWAY IN THE CITY OF DUBUQUE, IOWA FOR
THE BEE BRANCH RAILROAD CULVERTS PROJECT
Whereas, the City of Dubuque (City) has entered into a Construction Agreement wit h
Canadian Pacific Railway (Owner) for the acquisition of two permanent storm sewer and
30
hike/bike trail easements and three temporary storm sewer and hike/bike trail easements
through certain real property owned by Owner at 506 Garfield Avenue as shown on Per-
manent Easement Exhibit A and Permanent Easement Exhibit B and Temporary Ease-
ment Exhibits C, D, and E (the Property), attached hereto, for the purpose of constructing,
operating, and maintaining the Bee Branch Railroad Culverts Project, a storm water m an-
agement project; and
Whereas, the City Council finds that it is the best interest of the City of Dubuque to
accept the Easements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby accepts the Easements.
Section 2. That the City Clerk be and is hereby authorized and directed to cause the
Easements 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 December 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 385-18
APPROVING THE CONSTRUCTION AGREEMENT AND ENVIRONMENTAL RIGHT
OF ENTRY AGREEMENT FOR THE ACQUISITION AND USE OF EASEMENTS
THROUGH CERTAIN REAL PROPERTY OWNED by CANADIAN PACIFIC RAILWAY
IN THE CITY OF DUBUQUE, IOWA FOR THE BEE BRANCH RAILROAD CULVERTS
PROJECT
Whereas, the City of Dubuque (City) intends to acquire and utilize permanent and tem-
porary easements through certain real property owned by Canadian Pacific Railway
(Owner), at 506 Garfield Avenue as shown on Permanent Easement Exhibit A and Per-
manent Easement Exhibit B and Temporary Easement Exhibits C, D, and E (the Prop-
erty), attached hereto, for the purpose of constructing, operating, and maintaining the Bee
Branch Railroad Culverts Project, a stormwater management project; and
Whereas, a Construction Agreement, Easement Agreements, and an Environmental
Right of Access Agreement, all attached hereto, have been finalized and the Prop erty
scheduled for acquisition.
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
Construction Agreement and the Environmental Right of Access Agreement.
Section 2. That the Mayor is hereby authorized to execute the Construction Agreement
and the Environmental Right of Access Agreement on behalf of the City of Dubuque.
Section 3. That the City Manager is hereby authorized to act as an authorized repre-
sentative and to take such actions as may be necessary to carry out the Construction
Agreement and the Environmental Right of Access Agreement.
Passed, approved and adopted this 17th day of December 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
31
10. Budget and Fiscal Policy Guidelines for Fiscal Year 2020 : City Manager recom-
mending adoption of the Fiscal Year 2020 Budget Policy Guidelines. Motion by Resnick
to receive, file and approve the documents and view the presentation. Seconded by
Jones. Budget Director Jennifer Larson and City Manager Van Milligen provided a staff
report and responded to questions from the City Council. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council member Del Toro clarified his thoughts regarding the voting requirements for
the Code of Ordinances Amendment Title 16 - Zoning Advisory Commission Voting
Quorum Additionally, he discussed how the sign to the airport is difficult to see.
Council member Shaw discussed the prohibition of content on billboards as it relates
to Lamar Advertising.
Mayor Buol reiterated Council Member Resnick’s comments to clarify the intent of the
Council Members Reports item on the agenda.
Council member Resnick reported that Four Mounds will be having some exciting ac-
tivities coming next year.
Council member Jones reported that there will be an upcoming opening on the Civil
Service Commission and encouraged recruitment.
CLOSED SESSION
Motion by Jones to convene in closed session at 10:16 p.m. to discuss pending litiga-
tion and real estate transfer negotiations – Chapter 21.5(1)(c), -(j) Code of Iowa. Se-
conded by Del Toro. Motion carried 7-0.
Mayor Buol stated for the record that the attorneys who will consult with City Council
on the issues to be discussed in the closed session are City Attorney Crenna Brumwell,
Senior Counsel Barry Lindal, and Attorney Jim Wainwright.
Upon motion, the City Council reconvened in open session at 10:44 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 10:45 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk