2017 City Council Official Proceedings_Councl Approval Copyrighted
June 17, 2019
City of Dubuque Consent Items # 16.
ITEM TITLE: 2017 City Council Official Proceedings
SUMMARY: City Clerksubmitting the 2017 Official City Council
Proceedings.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
2017 City Coucnil Official Proceedings Supporting Documentation
Dubu ue City Clerk's Office
THE CITY OF q City Hall
50 W. 13th Street
All-AmericaCity Dubuque, IA 52001-4864
1 ' (563)589-4100 office
(563)589-0890 fax
o ctyclerk@cityofdubuque.org
Maste iece on the Mississi Z 200�.zolz•2013 www.cityofdubuque.org
� pp
TO: The Honorable Mayor Buol and City Council Members
FROM: Kevin S. Firnstahl, City Clerk
DATE: J u ne 17, 2019
SUBJECT: 2017 City Council Official Proceedings
Per the City of Dubuque Code of Ordinances, the City Clerk's Office must compile the
City Council proceedings for all regular and special meetings of the City Council held
from January through December for each calendar year.
These Official Proceedings, also known as the "red books," include the approved
standard minutes of each regular and special City Council meeting with the wording for
each resolution and ordinance added. The annual compilation is then submitted to the
City Council for approval before being indexed and sent out for printing and binding.
Five books are printed and bound. Copies are provided to the City Manager's Office
and the Carnegie-Stout Public Library with an official copy residing in the City Clerk's
Office. Additional copies are provided to the Mayor and the Center for Dubuque History
at Loras College at their request and expense.
The Official Proceedings are also placed on the City of Dubuque web page for
electronic searching by the public and staff. Currently, the Official Proceedings
available on the web page date from 1907 to present.
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OFFICIAL PROCEEDINGS
of the
CITY COUNCIL
forthe
CITY OF DUBUQUE, IOWA
2017
Approved June 17, 2019
Recorded and prepared by
Kevin S. Firnstahl, CMC, City Clerk
Trish L. Gleason, CMC, Assistant City Clerk
CITY OFFICERS FOR THE YEAR 2017
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
LUIS DEL TORO............... COUNCIL MEMBER SECOND WARD
JOYCE E. CONNORS .......... COUNCIL MEMBER THIRD WARD
JAKE A. R/OS .................. COUNCIL MEMBER FOURTH WARD
CITY OFFICERS FOR THE YEAR 2017
COUNCIL APPOINTEES
CITY MANAGER......................................................................................MICHAEL C. VAN MILLIGEN
CITY CLERK........................................................................................................KEVIN S. FIRNSTAHL
CITY ATTORNEY...........................................................................................CRENNA M. BRUMWELL
DEPARTMENT MANAGERS
ASSISTANT CITY MANAGER.....................................CYNTHIA M. STEINHAUSER(January—May)
CORI L. BURBACH (September-December)
ASSISTANT CITY MANAGER.....................................................................THERESE H. GOODMANN
AIRPORT MANAGER ......................................................................................ROBERT A.GRIERSON
BUDGET DIRECTOR .......................................................................................JENNIFER M. LARSON
BUILDING SERVICES MANAGER ..................................................TODD M. CARR(January—July)
CYNTHIA M. STEINHAUSER -Interim
CITY ENGINEER......................................................................................................GUS N. PSIHOYOS
ECONOMIC DEVELOPMENT DIRECTOR ........................................................... MAURICE S.JONES
FINANCE DIRECTOR ..........................................................................................JEAN M. NACHTMAN
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 ......................................................................JOHN L. KLOSTERMANN
WATER DEPARTMENT MANAGER......................................................................ROBERT M. GREEN
WATER POLLUTION CONTROL MANAGER.....................................................WILLIAM J. O'BRIAN
Regular meetings of the City Council were held on the first and third Monday
of each month (Tuesday pending holidays)at 6:00 p.m. in the Historic Federal Building
Book 147 Regular Session, January 3, 2017 6
CITY OF DUBUQUE, IOWA 4. Imagine Dubuque Flyer: City Manager
CITY COUNCIL PROCEEDINGS transmitting the Imagine Dubuque public in-
formation flyer. Upon motion the documents
REGULAR SESSION were received and filed.
OFFICIAL
5. City of Dubuque Department Contact
The Dubuque City Council met in regular Sheet: City Manager transmitting the City of
session at 6:00 p.m. on January 3, 2017 in the Dubuque public information contact sheet for
Historic Federal Building, 350 W. 6t°Street. City Council and City department managers.
Upon motion the documents were received
Present: Mayor Buol; Council Members and filed.
Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen, City Attorney 6. QHQ Settlement Agreement: City Attor-
Brumwell ney recommending approval of a Settlement
Agreement and Amendment to a Stormwater
Mayor Buol read the call and stated this is Facilities Fee Agreement between QHQ Prop-
a regular session of the City Council called for erties, LLC and the City of Dubuque. Upon
the purpose of conducting such business that motion the documents were received, filed and
may properly come before the City Council. approved.
PLEDGE OF ALLEGIANCE 7. Joint Vehicle Fuel Sales Agreement with
Dubuque County: City Manager recommend-
PROCLAMATION ing approval of an agreement with Dubuque
County for the sale of vehicle fuel for Dubuque
Radon Action Month (January 2017) was County Sheriff vehicles. Upon motion the doc-
accepted by Robb Beltran and Bret Patterson uments were received and filed and Resolution
of Patterson Comfort & Safety and Public No. 1-17 Authorizing a Purchase Agreement
Health Specialist Mary Rose Corrigan. between the City of Dubuque and Dubuque
County to allow Dubuque County to purchase
CONSENT ITEMS vehicle fuel from the City of Dubuque Munici-
pal Services Center's Vehicle Refueling Facili-
Motion by Lynch to receive and file the ty was adopted.
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Resnick. Motion RESOLUTION NO. 1-17
carried 7-0. AUTHORIZING A PURCHASE AGREEMENT
BETWEEN THE CITY OF DUBUQUE AND
1. Minutes and Reports Submitted: City DUBUQUE COUNTY TO ALLOW DUBUQUE
Council Proceedings of 12/19; Civil Service COUNTY TO PURCHASE VEHICLE FUEL
Commission of 12/15; Human Rights Commis- FROM THE CITY OF DUBUQUE MUNICIPAL
sion of 11/14; Library Board of Trustees of SERVICES CENTER'S VEHICLE REFUEL-
9/22, 10/27, 11/17; Proof of Publication for List ING FACILITY
of Claims and Summary of Revenues for N/hereas, the City of Dubuque and Dubu-
Month Ending 11/30. Upon motion the docu- que County wish to enter into an agreement
ments were received and filed. allowing Dubuque County to purchase vehicle
fuel for its designated vehicles from the City of
2. Notice of Claims and Suits: Tom Giese Dubuque's vehicle refueling facility at 925
for property damage; Yamako Kobaia for vehi- Kerper Court; and
cle damage; Bryon Lehnen for vehicle dam- Whereas, the cost of the fuel to Dubuque
age; Roling Sanitation, LLC for vehicle dam- County will be $0.293 per gallon above the
age. Upon motion the documents were re- City of Dubuque's actual purchase cost; and
ceived,filed and referred to the City Attorney. Whereas, said cost shall remain fixed
through June 30, 2017 and will be subjed to
3. Disposition of Claims: City Attorney ad- adjustment by the City of Dubuque for each
vising that the following claims have been re- fiscal year of renewal thereafter.
ferred to Public Entity Risk Services of lowa, NOW, THEREFORE, BE IT RESOLVED
the agent for the lowa Communities Assurance BY THE CITY COUNCIL OF THE CITY OF
Pool: Yamako Kobaia for vehicle damage; DUBUQUE, IOWA:
Bryon Lehnen for vehicle damage; Roling San- Section 1. That the Mayor is hereby au-
itation, LLC for vehicle damage. Upon motion thorized to execute the attached Purchase
the documents were received, filed and con- Agreement between the City of Dubuque and
curred. Dubuque County to allow Dubuque County to
purchase vehicle fuel from the City of Dubuque
Municipal Services Center's vehicle refueling
Book 147 Regular Session, January 3, 2017 7
facility. Seller, within ninety (90) days of this
Passed, approved and adopted this 3rd day Addendum, must complete a survey
of January, 2017. and lot consolidation/replatting of the
Roy D. Buol, Mayor Real Estate along with Buyer's property
Attest: Trish L. Gleason, Assistant City Clerk legally described as:
The Westerly half of the North '/a of
8. Amendment to Real Estate Contract - Lot 16'P" and the Westerly half of
2283 White Street: City Manager recommend- the Southerly half of Lot 18 in L.H.
ing approval to amend a real estate contract Langworthy's Addition in the City of
with Shawn C. and Christina M. Hanen for Dubuque, lowa, according to the
2283 White Street to allow the City to perform recorded Plat thereof
the survey and re-platting to consolidate the Known locally as 2286 Central Avenue
two parcels into a single parcel. Upon motion which consolidates the two parcels into
the documents were received and filed and a single parcel.
Resolution No. 2-17 Intent to amend the origi- Section 2. Section 27.3 of the original Real
nal contract for 2283 White Street to allow the Estate Contract, which read,
City to perform the survey and re-platting to Buyer agrees, within one-hundred
consolidate the two parcels into a single parcel twenty (120) days of this Agreement to
was adopted. file a restridive covenant indicating the
single consolidated parcel of Real Es-
RESOLUTION NO. 2-17 tate must remain a single family home,
AMENDING THE ORIGINAL CONTRACT fortwenty-one (21) years.
AGREEMENT FOR 2283 WHITE STREET TO is hereby amended to read:
ALLOW THE CITY TO PERFORM THE SUR- Buyer agrees, within thirty (30) days
VEY AND RE-PLATTING TO CONSOLIDATE of the City's completion of Section 27.5,
THE TWO PARCELS INTO A SINGLE PAR- to file a restrictive covenant indicating
CEL the single consolidated parcel of Real
Whereas, the City of Dubuque, lowa (City) Estate must remain a single family
is the owner of 2283 White Street (the Proper- home, for twenty-one (21) years.
ty) legally described as: Sedion 3. Sedion 27.5 is added and reads
The East Half of the North '/a of Lot as follows:
16"P" and the East Half of the South Seller, within sixty (60) days of plat
Half of Lot 18, in L.H. Langworthy's preparation shall obtain plat approval
Addition, in the City of Dubuque, lowa, from the City Council to allow a lot with
according to the recorded plat thereof; double frontage.
and Passed, approved and adopted this 3rd day
Whereas City and Contract Buyers previ- of January, 2017.
ously entered into a Real Estate Contract dat- Roy D. Buol, Mayor
ed the 30t° day of June, 2016 (the Real Estate Attest: Trish L Gleason, Assistant City Clerk
Contract) recorded with Dubuque County on
August 18, 2016 at File 2016-00010684); and 9. Acceptance of 2016 Delmonaco Drive
Whereas, the parties have agreed to an Drain Tile Project: City Manager recommend-
amendment to the Real Estate Contract. ing acceptance of the public improvement
NOW, THEREFORE, BE IT RESOLVED construction contract for the 2016 Delmonaco
BY THE CITY COUNCIL OF THE CITY OF Drive Drain Tile Project, as completed by Key
DUBUQUE, IOWA: City 6ccavating, Inc. Upon motion the docu-
Section 1. Section 27.2 of the original Real ments were received and filed and Resolution
Estate Contract, which read, No. 3-17 Accepting the 2016 Delmonaco Drive
Buyer, within ninety (90) days of this Drain Tile Project and authorizing the payment
Agreement, must complete a survey to the contractor was adopted.
and replatting of the Real Estate along
with Buyer's property legally described RESOLUTION NO. 3-17
as: ACCEPTING THE 2016 DELMONACO DR.
The Westerly half of the North '/a of DRAIN TILE PROJECT AND AUTHORIZING
Lot 16'P" and the Westerly half of THE PAYMENT TO THE CONTRACTOR
the Southerly half of Lot 18 in L.H. Whereas, the public improvement contract
Langworthy's Addition in the City of for the 2016 Delmonaco Drive Drain Tile Pro-
Dubuque, lowa, according to the ject (the Project) has been completed by the
recorded Platthereof Contractor, Key City 6ccavating (Contrador),
Known locally as 2286 Central Avenue the City Engineer has examined the work and
which consolidates the two parcels into recommends that the Project be accepted; and
a single parcel. Whereas, the final contract amount for the
Is hereby amended to read: Project is$28,690.50; and
Book 147 Regular Session, January 3, 2017 8
Whereas, the Contractor has previously LOT 1B OF BLOCK 19, RIVER FRONT
been paid $27,255.97, leaving a balance of SUBDIVISION NO. 3, IN THE CITY OF
$1,434.52; and DUBUQUE, IOWA
Whereas, the City Council finds that the Whereas, there has been presented to the
recommendation of the City Engineer should City Council of the City of Dubuque, lowa, an
be accepted. Acquisition Plat dated December 16, 2016
NOW, THEREFORE, BE IT RESOLVED prepared by the City of Dubuque Engineering
BY THE CITY COUNCIL OF THE CITY OF Department describing Lot 1B of Block 19,
DUBUQUE, IOWA: River Front Subdivision No. 3, in the City of
Section 1. The recommendation of the City Dubuque, lowa; and
Engineer is approved and the Project is hereby Whereas, said plat conforms to the laws
accepted. and statutes pertaining thereto; and
Sedion 2. The Finance Diredor is hereby Whereas, upon said plat appears Lot 1B,
directed to pay to the Contractor the balance which Giese Company, LLP, by said plat have
of the retainage of $1,434.52 as provided in dedicatedtothepublicforever.
lowa Code chapter 573, and to pay such re- NOW THEREFORE, BE IT RESOLVED
tainage in accordance with the provisions of BY THE CITY COUNCIL OF THE CITY OF
lowa Code chapter 573 or lowa Code chapter DUBUQUE, IOWA:
26.13. Section 1. That the plat dated December
Passed, approved and adopted this 3rd day 16, 2016 prepared by the City of Dubuque
of January, 2017. Engineering Department, relative to the real
Roy D. Buol, Mayor estate hereinabove described be and the
Attest: Trish L. Gleason, Assistant City Clerk same is hereby approved, and the Mayor and
City Clerk be and they are hereby authorized
CITY ENGINEER'S CERTIFICATE OF FINAL and direded to execute said plat and on behalf
COMPLETION OF THE 2016 DELMONACO of the City of Dubuque, lowa.
DR. DRAIN TILE PROJECT Sedion 2. That the dedication of Lot 1 B of
The undersigned City Engineer of the City Block 19, River Front Subdivision No. 3, in the
of Dubuque, lowa, hereby certifies that he has City of Dubuque, lowa, for Right of Way pur-
inspected the 2016 Delmonaco Drive Drain poses, as it appears on said Acquisition Plat,
Tile Project has been performed in compliance be and the same are hereby accepted.
with the terms of the Public Improvement Con- Section 3. That the City Clerk be and is
tract, and that the total cost of the completed hereby authorized and directed to file said plat
work is$30,125.02. and certified copy of this resolution in the Of-
Dated this 29t°day of December, 2016. fice of the Recorder, in and for Dubuque Coun-
/s/Gus Psihoyos, City Engineer ty, lowa.
Filed in the office of the City Clerk on the 29t° Passed, approved and adopted this 3rd day
day of December, 2016. of January, 2017.
/s/Kevin S. Firnstahl, City Clerk Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
10. Central Iowa Water Association (CIWA)
- Barrington Lakes Agreement: Assistant City 12. Approval of Plat of Survey for Vacating
Attorney Maureen Quann providing information a Portion of Kerper Blvd. Right-of-Way: City
on the Barrington Lakes water distribution sys- Manager recommending approval of the Plat
tem and service related to the CIWA Settle- of Survey of Lot 1C of Block 19 of River Front
ment Agreement. Upon motion the documents Subdivision No. 3, (Kerper Blvd. at Fengler St.)
were received and filed. in the City of Dubuque in conjunction with a
Vacating Petition with Giese Company, LLC.
11. Acquisition Plat and Dedication - Upon motion the documents were received
Kerper Blvd. Right-of-Way Sanitary Sewer and filed and Resolution No. 5-17 Approving
Repair Project: City Manager recommending plat of proposed vacated right-of-way of a por-
approval of the Acquisition Plat of Lot 1B of tion of Kerper Boulevard adjacent to Lot 1 of
Block 19 in River Front Subdivision No. 3, in Block 19 of River Front Subdivision No. 3, in
the City of Dubuque, lowa and acceptance of the City of Dubuque, lowa was adopted.
the dedication of said lot for right-of-way pur-
poses. Upon motion the documents were re-
ceived and filed and Resolution No. 4-17 Ap-
proving the Acquisition Plat of Lot 1 B of Block
19, River Front Subdivision No. 3, in the City of
Dubuque, lowa was adopted.
RESOLUTION NO.4-17
APPROVING THE ACQUISITION PLAT OF
Book 147 Regular Session, January 3, 2017 9
RESOLUTION NO. 5-17 RESOLUTION NO. 6-17
APPROVING PLAT OF PROPOSED VA- THE CITY OF DUBUQUE APPROVING THE
CATED RIGHT OF WAY OF A PORTION OF CONTRACT FOR 2016 CDBG NATIONAL
KERPER BOULEVARD ADJACENT TO LOT DISASTER RESILIENCY HOUSING GRANT
1 OF BLOCK 19 OF RIVER FRONT SUBDI- ADMINISTRATION TO EAST CENTRAL IN-
VISION NO. 3, IN THE CITY OF DUBUQUE, TERGOVERNMENTAL ASSOCIATION
IOWA Whereas, the City of Dubuque, lowa is par-
Whereas, there has been presented to the ty to the Agreement creating the East Central
City Council of the City of Dubuque, lowa, a Intergovernmental Association (hereinafter
plat dated December 16, 2016 prepared by the called the ECIA) and is a member in good
City of Dubuque Engineering Department, standing; and
showing the vacated portion of Kerper Boule- Whereas, the City of Dubuque, lowa wish-
vard adjacent to Lot 1 of Block 19 of River es to engage the ECIA to provide certain tech-
Front Subdivision No. 3 and assigned lot num- nical and professional services for grant ad-
bers thereto, to be known as Lot 1C of Block ministration of the City of Dubuque's 2016
19 of River Front Subdivision No. 3, in the City lowa Economic Development Authority Com-
of Dubuque, lowa; and munity Development Block Grant National
Whereas, said plat conforms to the laws Disaster Resiliency Grant (Contract #13-
and statutes pertaining thereto. NDRH-001; and
NOW, THEREFORE, BE IT RESOLVED Whereas, Articles II, III (12), and VIII (2)
BY THE CITY COUNCIL OF THE CITY OF and (3) of the Articles of Agreement of the
DUBUQUE, IOWA: East Central Intergovernmental Association
Section 1. That the plat dated December gives the ECIA the authority to perform ser-
16, 2016 prepared by the City of Dubuque vices under consideration.
Engineering Department, relative to the real NOW, THEREFORE, BE IT RESOLVED,
estate hereinabove described be and the that the East Central Intergovernmental Asso-
same is hereby approved, and the Mayor and ciation is hereby authorized to provide staff
City Clerk be and they are hereby authorized assistance as prescribed in the attached Con-
and direded to execute said plat for and on tract for Services and Scope of Services.
behalf of the City of Dubuque, lowa. Passed, approved, and adopted this 3rd
Sedion 2. That the City Clerk be and is day of January, 2017.
hereby authorized and directed to file said plat Roy D. Buol, Mayor
and certified copy of this resolution in the Of- Attest: Trish L. Gleason, Assistant City Clerk
fice of the Recorder in and for Dubuque Coun-
ty, lowa. 15. National Disaster Resilience Grant -
Passed, approved and adopted this 3rd day Flood Damage Repair Management Contract:
of January, 2017. City Manager recommending award of a con-
Roy D. Buol, Mayor tract to East Central Intergovernmental Asso-
Attest: Trish L. Gleason, Assistant City Clerk ciation for Healthy Homes Flood Damage Re-
pair Management services to operate the Bee
13. Stipulation of Settlement Property Tax Branch Healthy Homes Resiliency Program.
Appeal: Senior Counsel recommending ap- Upon motion the documents were received
proval of the Stipulation of Settlement for a and filed and Resolution No. 7-17 Approving
property tax appeal filed by Lowe's Home Cen- the Contract for 2016 CDBG National Disaster
ters, Inc., for property located at 4100 Dodge Resiliency Housing Grant Administration to
Street. Upon motion the documents were re- East Central Intergovernmental Association
ceived,filed and approved. was adopted.
14. National Disaster Resilience Grant - RESOLUTION N0. 7-17
General Administrative Services Contract: City THE CITY OF DUBUQUE APPROVING THE
Manager recommending award of a contract to CONTRACT FOR 2016 CDBG NATIONAL
East Central Intergovernmental Association for DISASTER RESILIENCY HOUSING GRANT
General Administration services to operate the ADMINISTRATION TO EAST CENTRAL IN-
Bee Branch Healthy Homes Resiliency Pro- TERGOVERNMENTAL ASSOCIATION
gram. Upon motion the documents were re- Whereas, the City of Dubuque, lowa is par-
ceived and filed and Resolution No. 6-17 Ap- ty to the Agreement creating the East Central
proving the Contract for 2016 CDBG National Intergovernmental Association (hereinafter
Disaster Resiliency Housing Grant Administra- called the ECIA) and is a member in good
tion to East Central Intergovernmental Associ- standing; and
ation was adopted. Whereas, the City of Dubuque, lowa wish-
es to engage the ECIA to provide certain tech-
nical and professional services for grant ad-
ministration of the City of Dubuque's 2016
Book 147 Regular Session, January 3, 2017 10
lowa Economic Development Authority Com- authorized to provide staff assistance as pre-
munity Development Block Grant National scribed in the attached Contract for Services
Disaster Resiliency Grant (Contrad #13- and Scope of Services.
NDRH-001); and Passed, approved, and adopted this 3rd
Whereas, Articles II, III (12), and VIII (2) day of January, 2017.
and (3) of the Articles of Agreement of the Roy D. Buol, Mayor
East Central Intergovernmental Association Attest: Trish L. Gleason, Assistant City Clerk
gives the ECIA the authority to perform ser-
vices under consideration. 17. Applewnod IV, LLC - Storm Sewer
NOW, THEREFORE, BE IT RESOLVED, Construction Agreement: City Manager rec-
that the East Central Intergovernmental Asso- ommending approval of an agreement where-
ciation is hereby authorized to provide staff by Applewnod IV, LLC would construd a pub-
assistance as prescribed in the attached Con- lic storm sewer extension from the intersection
tract for Services and Scope of Services. of JFK Road and Pennsylvania Avenue to the
Passed, approved, and adopted this 3rd property at 3275 Pennsylvania. Upon motion
day of January, 2017. the documents were received and filed and
Roy D. Buol, Mayor Resolution No. 9-17 Approving a Storm Sewer
Attest: Trish L. Gleason, Assistant City Clerk Construction Agreement between the City of
Dubuque, lowa and Applewood IV, LLC was
16. National Disaster Resilience Grant - adopted.
Home Advocate Contract: City Manager rec-
ommending award of a contract to the Visiting RESOLUTION NO. 9-17
Nurse Association to provide Home Advocacy APPROVING A STORM SEWER CON-
services to operate the Bee Branch Healthy STRUCTION AGREEMENT BETWEEN THE
Homes Resiliency Program. Upon motion the CITY OF DUBUQUE, IOWA AND APPLE-
documents were received and filed and Reso- WOOD IV, LLC
lution No. 8-17 Approving the contract for 2016 Whereas, the City of Dubuque is party to a
CDBG National Disaster Resiliency Housing Storm Sewer Construction Agreement with
Grant Administration to Visiting Nurse Associa- Applewood IV, LLC, whereby Applewnod IV,
tion was adopted. LLC would construct a public storm sewer ex-
tension from the intersection of John F. Ken-
RESOLUTION NO. 8-17 nedy Road and Pennsylvania Avenue to the
THE CITY OF DUBUQUE APPROVING THE property at 3275 Pennsylvania; and
CONTRACT FOR 2016 CDBG NATIONAL Whereas, the City of Dubuque would own
DISASTER RESILIENCY HOUSING GRANT and maintain said storm sewer extension after
ADMINISTRATION TO VISITING NURSE the project has been completed, inspected and
ASSOCIATION accepted by the City Council; and
This Subcontrad between the City of Whereas, Applewood IV, LLC, has execut-
Dubuque, lowa and The Visiting Nurse Asso- ed the Storm Sewer Construction Agreement.
ciation is dated for reference purposes the 3rd NOW, THEREFORE, BE IT RESOLVED
day of January, 2017. BY THE CITY COUNCIL OF THE CITY OF
Whereas, the City, has entered into Con- DUBUQUE, IOWA:
tract 13-NDRH-001 with the lowa Economic Section 1. The Storm Sewer Construction
Development Authority (IEDA), Community Agreement attached hereto is hereby ap-
Development Block Grant National Disaster proved.
Resiliency Grant (CDBG-NDR), a copy of Sedion 2. The City Manager is authorized
which is attached hereto, for activities to im- and directed to execute the Storm Sewer Con-
prove housing conditions for participating cli- struction Agreement on behalf of the City of
ents and property owners known locally as the Dubuque
Bee Branch Healthy Homes Program (BBHH Passed, approved, and adopted this 3rd
Program); and day of January, 2017.
Whereas, the City of Dubuque, lowa (City) Roy D. Buol, Mayor
is the Contract Administrator of the Contracts; Attest: Trish L. Gleason, Assistant City Clerk
and
Whereas, it is necessary for City to sub- 18. DMATS STP Grant Funding Applica-
contract for certain work and services; and tion - Capacity and Intersection Improvements
Whereas, City now desires to enter into for the East-West Corridor Improvements: City
this Subcontract with the Visiting Nurse Asso- Manager recommending authorization for the
ciation (VNA) to provide the work and services City of Dubuque to officially submit an applica-
described herein upon the terms and condi- tion for a Dubuque Metropolitan Area Trans-
tions set forth herein. portation Study Surface Transportation Pro-
NOW, THEREFORE, BE IT RESOLVED, gram Grant in Fiscal Year 2021 to assist with
that the Visiting Nurse Association is hereby funding property acquisition and the construc-
Book 147 Regular Session, January 3, 2017 11
tion of three roundabout intersections at Uni- Passed, approved and adopted this 3rd day
versity-Loras, University-Asbury, and Universi- of January, 2017.
ty-Pennsylvania as part of the East-West Cor- Roy D. Buol, Mayor
ridor Improvements. Upon motion the docu- Attest: Trish L. Gleason, Assistant City Clerk
ments were received and filed and Resolution
No. 10-17 Authorizing the filing of a Transpor- 19. EPA Brownfields Assessment Grant
tation Improvement Program Grant Application Application for 2017: City Manager recom-
with the Dubuque Metropolitan Area Transpor- mending approval of an application to the En-
tation Study (DMATS) Surface Transportation vironmental Protection Agency (EPA) for a
Program (STP) to assist with the funding of Brownfields Assessment Grant for proposed
intersection improvements for University Ave- environmental assessments in the Washington
nue "Overlap Section" between Pennsylvania Neighborhood and North End areas. Upon
and Loras Boulevard as part of the East-West motion the documents were received, filed and
Corridor Improvements was adopted. approved.
RESOLUTION NO. 10-17 20. Fiscal Year 2018 Annual County TIF
AUTHORIZING THE FILING OF A TRANS- Report: City Manager providing the Annual
PORTATION IMPROVEMENT PROGRAM Tax Increment Financing Report that has been
GRANT APPLICATION WITH THE DUBU- filed with Dubuque County Auditor Denise Do-
QUE METROPOLITAN AREA TRANSPOR- lan. Upon motion the documents were re-
TATION STUDY (DMATS) SURFACE ceived and filed.
TRANSPORTATION PROGRAM (STP) TO
ASSIST WITH THE FUNDING OF INTER- 21. Improvement Contracts/ Performance,
SECTION IMPROVEMENTS FOR UNIVER- Payment and Maintenance Bonds: Tricon
SITY AVENUE "OVERLAP SECTION" BE- Construdion Group for the Jule Operations
TWEEN PENNSYLVANIA AND LORAS and Training Center Suggested Disposition:
BOULEVARD AS PART OF THE EAST- Upon motion the documents were received,
WEST CORRIDOR IMPROVEMENTS filed and approved.
Whereas, the increasing growth of traffic
volumes, along with operational and safety 22. Alcohol Compliance Civil Penalty for
concerns, in the University Avenue Overlap Alcohol License Holders — Grand Harbor Re-
Section from Pennsylvania Avenue to Loras sort and Water Park: City Manager recom-
Boulevard in the City of Dubuque could be mending approval of the Acknowledge-
improved by street and intersection improve- menUSettlement Agreement for an alcohol
ments; and compliance violation for Grand Harbor Resort
Whereas, the City has determined that im- and Water Park, 350 Bell Street. Upon motion
provements to this corridor, as recommended the documents were received, filed and ap-
by the adopted East-West Corridor Study, will proved.
improve capacity and traffic flow; and
Whereas, the City is requesting DMATS 23. Alcohol Compliance Civil Penalty for
STP funding in the amount of $1,356,000 in Alcohol License Holder— Kwik Stop#848: City
FY21 to assist with property acquisition, and Manager recommending approval of the Ac-
the construction of three roundabout intersec- knowledgmenUSettlement Agreement for an
tions; and alcohol compliance violation for Kwik Stop
Whereas, the City has sufficient funds #848, 3201 Central Avenue. Upon motion the
available to cover the local funding in the documents were received, filed and approved.
amount of $50,000 and other anticipated state
grant in the amount of$450,000. 24. Tobacco Compliance—Civil Penalty for
NOW THEREFORE, BE IT RESOLVED Tobacco License Holder — Kwik Stop #848:
BY THE CITY COUNCIL OF THE CITY OF City Manager recommending approval of the
DUBUQUE, IOWA, THAT: AcknowledgemenUSettlement Agreement for a
Section 1. The City hereby supports and tobacco compliance violation for Kwik Stop
authorizes the grant application submittal for #848, 3201 Central Avenue. Upon motion the
funding through the DMATS FY18-21 Trans- documents were received, filed and approved.
portation Improvement Program to assist with
the funding intersection improvements for Uni- 25. Tobacco and Alcohol License Applica-
versity Avenue "Overlap Section" between tions: City Manager recommending approval of
Pennsylvania and Loras Boulevard as part of annual liquor, beer, wine and tobacco license
the East-West Corridor Improvements. applications as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 11-17 Approving applications for
beer, liquor, and/or wine permits, as required
by City of Dubuque Code of Ordinances Title 4
Book 147 Regular Session, January 3, 2017 12
Business and License Regulations, Chapter 2 RESOLUTION NO. 12-17
Liquor Control, Article B Liquor, Beer and Wine APPROVING APPLICATIONS FOR RETAIL
Licenses and Permits and Resolution No. 12- CIGARETTE I TOBACCO SALES I NICO-
17 Approving applications for retail ciga- TINE/VAPOR PERMITS, AS REQUIRED BY
rette/tobacco sales/nicotine/vapor permits, as IOWACODE453A.47A
required by lowa Code 453A.47A were adopt- Whereas, applications for Ciga-
ed. rette/Tobacco Sales have been submitted and
filed with the City Council for approval and the
RESOLUTION NO. 11-17 same have been examined and approved; and
APPROVING APPLICATIONS FOR BEER, Whereas, the premises to be occupied by
LIQUOR, AND/OR WINE PERMITS, AS RE- such applicants were inspected and found to
QUIRED BY CITY OF DUBUQUE CODE OF comply with the Ordinances of the City and the
ORDINANCES TITLE 4 BUSINESS AND LI- applicants have filed the proper fees and oth-
CENSE REGULATIONS, CHAPTER 2 LIQ- erwise complied with the requirements of the
UOR CONTROL, ARTICLE B LIQUOR, Code of Ordinances.
BEER AND WINE LICENSES AND PERMITS NOW, THEREFORE, BE IT RESOLVED
Whereas, applications for Beer, Liquor, BY THE CITY COUNCIL OF THE CITY OF
and or Wine Permits have been submitted and DUBUQUE, IOWA:
filed with the City Council for approval and the Sedion 1. The City Clerk is hereby author-
same have been examined and approved; and ized and directed to cause to be issued the
Whereas, the premises to be occupied by following named applicants and locations for
such applicants were inspected and found to cigarette/tobacco sales permit:
comply with the Ordinances of the City and the CDs 4 Change, 3305 Asbury Rd.
applicants have filed the proper fees and Passed, approved and adopted this 3rd day
bonds and otherwise complied with the re- of January, 2017.
quirements of the Code of Ordinances. Roy D. Buol, Mayor
NOW, THEREFORE, BE IT RESOLVED Attest: Trish L. Gleason, Assistant City Clerk
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: ITEMS SET FOR PUBLIC HEARING
Sedion 1. The City Clerk is hereby author-
ized and direded to cause to be issued the 1. Vacate Petition for a Portion of Kerper
noted permit types to the following applicants Blvd. Right-of-Way: City Manager recommend-
pending submission of the locally required ing setting a public hearing for January 17,
documentation: 2017, to approve the vacation of a portion of
Renewals Kerper Boulevard right-of-way north of the
Brazen Open Kitchen Bar, 955 Washington intersection of Fengler Street and Kerper
St., Class C Liquor (Catering) (Outdoor) Boulevard adjacent to Lot 1 of Block 19 of Riv-
Dubuque Golf & Country Club, 1800 Randall er Front Subdivision No. 3. Upon motion the
PI., Class C Liquor(Outdoor) (Sunday) documents were received and filed and Reso-
Hy-Vee C-Store #1, 3270 Dodge St., Class C lution No. 13-17 Intent to vacate and dispose
Beer, Class B Wine (Sunday) of City Interest in a portion of the right-of-way
The Lounge, 481 Locust St., Class C Liquor of Kerper Boulevard adjacentto Lot 1 of Block
(Outdoor) 19 of River Front Subdivision No. 3, to be
United Automobile Workers, Local #94, 3450 known as Lot 1C of Block 19 of River Front
Central Ave., Class B Beer, Class B Native Subdivision No. 3, in the City of Dubuque, lo-
Wine (Sunday) wa by sale to Giese Company LLP was adopt-
Premise Transfer ed setting a public hearing for a meeting to
Rotary Club of Dubuque 1-26-17, From 135 W commence at 6:00 p.m. on January 17, 2017
8�n St to 105 East 15t° St., Special Class C in the Historic Federal Building.
Liquor(Outdoor) (Sunday)
New RESOLUTION NO. 13-17
RMN Lounge, 481 Locust St., Class C Liquor INTENT TO VACATE AND DISPOSE OF
(Outdoor) (Sunday) CITY INTEREST IN A PORTION OF THE
Passed, approved and adopted this 3rd day RIGHT OF WAY OF KERPER BOULEVARD
of January, 2017. ADJACENT TO LOT 1 OF BLOCK 19 OF
Roy D. Buol, Mayor RIVER FRONT SUBDIVISION NO. 3, TO BE
Attest: Trish L. Gleason, Assistant City Clerk KNOWN AS LOT 1C OF BLOCK 19 OF RIV-
ER FRONT SUBDIVISION NO. 3, IN THE
CITY OF DUBUQUE, IOWA BY SALE TO
GIESE COMPANY LLP
Whereas, Giese Company LLP has re-
quested the vacating and purchase of the por-
tion of the Right of Way of Kerper Boulevard
Book 147 Regular Session, January 3, 2017 13
adjacent to Lot 1 of Block 19 of River Front Whereas, City acquired the Property for
Subdivision No. 3; and the purpose of eliminating slum and blight. The
Whereas, the City of Dubuque Engineering City will require demolition of the dilapidated
Department has prepared and submitted to the structure by the buyer for conveyance of both
City Council a plat showing the proposed va- the derelict property and a city owned parcel
cated Right of Way of Kerper Boulevard adja- that adjoins the buyer's private residence; and
cent to Lot 1 of Block 19 of River Front Subdi- Whereas, City and Buyer entered into an
vision No. 3, in the City of Dubuque, lowa and Agreement pursuant to which City will convey
assigned lot numbers thereto, which hereinaf- the Properties to Craig D. Norton for demoli-
ter shall be known and described as Lot 1C of tion of structure at 1069 Vernon Street; and
Block 19 of River Front Subdivision No. 3, in Whereas, conveying the Property to Craig
the City of Dubuque, lowa. D. Norton is consistent with the City's intent of
NOW THEREFORE, BE IT RESOLVED elimination of slum and blight; and
BY THE CITY COUNCIL OF THE CITY OF Whereas, City desires to hold the required
DUBUQUE, IOWA: public hearing and conveyance of the Property
Sedion 1. That the City of Dubuque in- to Craig D. Norton.
tends to vacate and dispose of its interest in NOW, THEREFORE, BE IT RESOLVED
Lot 1C of Block 19 of River Front Subdivision BY THE CITY COUNCIL OF THE CITY OF
No. 3, in the City of Dubuque, lowa by sale to DUBUQUE, IOWA:
Giese Company LLP upon the terms and con- Section 1. That the City of Dubuque, lowa
ditions of the Agreement between the City of intends to dispose of its interest in the follow-
Dubuque, lowa and Giese Company LLP at- ing legally described property:
tached hereto. Lot 38 in Leven's Addition Subdivision
Sedion 2. That a public hearing on the in- in the City of Dubuque, lowa, according
tent to vacate and dispose of Lot 1C of Block to the United States Commissioners
19 of River Front Subdivision No. 3 by sale to Map thereof.
Giese Company LLP is hereby set for the 17t° Section 2. That the City of Dubuque, lowa,
day of January, 2017, at the Historic Federal proposes to dispose of its interest in the Prop-
Building, 350 W. 6t° Street, Dubuque, lowa, erties to Buyer for the sum of five thousand
beginning at 6:00 p.m., and the City Clerk be dollars ($5000.00).
and is hereby authorized and directed to cause Sedion 3. That the City Clerk is hereby au-
a notice of public hearing on the intent to va- thorized and directed to cause this Resolution
cate and dispose of said real estate to be pub- and a notice to be published as prescribed by
lished in the manner as prescribed by law. lowa Code Section 364.7 of a public hearing
Passed, approved and adopted this 3rd day on the City's intent to dispose of the Property
of January, 2017. to be held on the 17�° day of January, 2017 at
Roy D. Buol, Mayor 6:00 o'clock p.m. at the Historic Federal Build-
Attest: Trish L Gleason, Assistant City Clerk ing, 350 West 6t°Street, Dubuque, lowa.
Passed, approved and adopted this 3rd day
2. Sale of 1069 Vernon Street: City Man- of January, 2017.
ager recommending that a public hearing be Roy D. Buol, Mayor
set for January 17, 2017, to approve the sale Attest: Trish L. Gleason, Assistant City Clerk
of 1069 Vernon Street to Craig Norton. Upon
motion the documents were received and filed BOARDS/COMMISSIONS
and Resolution No. 14-17 Intent to dispose of
an interest in City of Dubuque real estate, set- Appointments were made to the following
ting a time and place for hearing and providing boards/commissions:
for the publication of notice thereof was adopt- 1. Housing Code Appeals Board — Ap-
ed setting a public hearing for a meeting to pointment: One, 3-year term through January
commence at 6:00 p.m. on January 17, 2017 11, 2020 (Expiring term of Young) Applicant:
in the Historic Federal Building. David Young, 420 Burch St. Motion by Con-
nors to receive and file the documents and
RESOLUTION NO. 14-17 appoint David Young to a 3-year term through
INTENT TO DISPOSE OF AN INTEREST IN January 11, 2020. Seconded by Lynch. Motion
CITY OF DUBUQUE REAL ESTATE, SET- carried 7-0.
TING A TIME AND PLACE FOR HEARING 2. Human Rights Commission — Appoint-
AND PROVIDING FOR THE PUBLICATION ment: One, 3-year term through January 1,
OF NOTICE THEREOF 2020 (Expiring term of Schiesl) Applicants:
Whereas, the City of Dubuque, lowa (City) Ashley Melchert, 1257 1/2 Jackson St. (Addi-
is the owner of 1069 Vernon Street and Parcel tional Applicant) and Jay Schiesl, 195 W. 17�n
Number 1023477014 (the Properties) legally St. Upon roll call vote, Jay Schiesl was
described as:
Lot 38 in Leven's Addition; and
Book 147 Regular Session, January 3, 2017 14
appointed to a 3-year term through January 1,
2020. (Melchert= Resnick; Schiesl = Connors, RESOLUTION NO. 15-17
Del Toro, Rios, Lynch, Jones and Buol) APPROVING A SOLAR POWER PURCHASE
AGREEMENT AND A COLLATERAL AS-
PUBLIC INPUT SIGNMENT AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND EAGLE
Public comments were received by Chris POINT ENERGY—5, LLC AN IOWA LIMITED
Olson, 1090 Grove Terrace, who spoke for her LIABILITY COMPANY
mother-in-law who was unable to be present, Whereas, the City of Dubuque, lowa (City)
regarding the lack of low-income housing. is the owner of the real property legally de-
Lindsey Darrouzet, 2765 Pleasant View Drive, scribed as follows:
spoke in favor of a Source of Income (SOI) Fire Headauarters
ordinance. Address- 11 West 9�°Street
Legal Description - City Lot 259, Lots 1 &2
ACTION ITEMS of the Subdivisions of City Lot 260 & the
South 1/2 of City Lot 261
1. Grant Wood Mississippi River Region Fire Station 2
Parks 2 People Initiative: The Grant Wood Address- 2180 JFK Road
Mississippi River Region representatives pre- Legal Description - Lot 1 of Hohnecker
sented information on the Grant Wood Missis- Place#2
sippi River Region Parks to People initiative, Fire Station 3
Mississippi Circuit projeds and progress to Address- 3155 Central Avenue
date. Motion by Connors to receive and file the Legal Description -The North 15' of Lot 23,
documents and listen to the presentation. Se- Lots 24 & 25, Lot 1-1-26, 2-1-26, & 2-26 In
conded by Lynch. Motion carried 7-0. G.R. Wests Addition
Leisure Services Manager Marie Ware and Fire Station 4
Assistant Director of Jackson County Econom- Address- 1697 University Avenue
ic Alliance Nick Hockenberry provided a verbal Legal Description - Lots 5&6 of Tschirgi &
presentation that recapped the process and Schwind's Subdivision
resources used to develop the Parks 2 People Fire Station 5
Initiative. Address- 689 South Grandview Avenue
Legal Description - Lots 15, 16, 17 & 18 In
2. Grand River Center Annual Report: Block 5 of Grandview Park Addition; and
Grand River Center Manager Mitri Yordy pre- Whereas, the City desires to grant access
sented the Grand River Center's Annual Re- to Eagle Point Energy- 5, LLC to utilize certain
port for 2016. Motion by Jones to receive and available roof space of each fire station for the
file the documents and listen to the presenta- installation and operation of solar panels, and
tion. Grand River Center Manager Mitri Yordy Whereas, Eagle Point Solar - 5, LLC de-
provided a verbal presentation. Topics includ- sires to install solar eledric generating sys-
ed the Center's purpose, 2016 guest count tems of varying sizes on the rooftops of these
and local spending figures, promotional strate- stations and sell the electricity generated by
gy and awards, annual groups comparison, each of the systems on the terms set forth in
actual and 2017 forecasted market segment the agreement to the City, and
and partnerships. Whereas, the City and Eagle Point Solar -
5, LLC have negotiated a Solar Power Pur-
3. Eagle Point Solar - 5, LLC - Contract for chase Agreement, a copy of which is attached
Fire Station Rooftop Solar: City Manager rec- hereto; and
ommending approval of a Power Purchase Whereas, Eagle Point Solar - 5, LLC de-
Agreement and a Collateral Assignment sires to assign all monies due and to become
Agreement with Eagle Point Solar for the in- due under the Solar Power Purchase Agree-
stallation of rooftop solar arrays on Fire Head- mentto BluePath Finance FC IV LLC pursuant
quarters and Stations 2 through 5. Motion by to the Collateral Assignment Agreement at-
Lynch to receive and file the documents and tached hereto.
adopt Resolution No. 15-17 Approving a Solar NOW, THEREFORE BE IT RESOLVED
Power Purchase Agreement and a Collateral BY THE CITY COUNCIL OF THE CITY OF
Assignment Agreement between the City of DUBUQUE, IOWA:
Dubuque, lowa and Eagle Point Solar Energy- Sedion 1. The City of Dubuque approves
5, LLC an lowa Limited Liability Company. the Solar Power Purchase Agreement with
Seconded by Resnick. Sustainability Coordina- Eagle Point Energy — 5, LLC, and the Collat-
tor Cori Burbach and CEO of Eagle Point Solar eral Assignment Agreement, and the City
Berry Shear provided a presentation on the Manager is authorized to execute the agree-
upcoming Fire Station Rooftop Solar project. ments on behalf of the City of Dubuque.
Motion carried 7-0. Passed, approved and adopted this 3rd day
Book 147 Regular Session, January 3, 2017 15
of January, 2017. or commission.
Roy D. Buol, Mayor Following the initial terms, the term of of-
Attest: Trish L. Gleason, Assistant City Clerk fice for commissioners is three (3) years or
until such commissioner's successor is ap-
4. Code of Ordinances Amendment - Title pointed and qualified. The terms of the cross
2 Resilient Community Advisory Commission: representatives appointed from the Arts& Cul-
City Manager recommending approval of an ture Advisory Commission, Catfish Creek Wa-
amendment to the Code of Ordinances related tershed Management Authority, Community
to the Resilient Community Advisory Commis- Development Advisory Commission, Historic
sion to provide for the staggering of inember Preservation Commission, Housing Commis-
terms for the initial appointments and future sion, Human Rights Commission, Long Range
recruitment. Planning Advisory Commission, Parks & Rec-
Motion by Jones to receive and file the reation Advisory Commission, Transit Advisory
documents and that the requirement that a Commission, and/or Zoning Advisory Commis-
proposed ordinance be considered and voted sion must coincide with their terms on the Re-
on for passage at hnro Council meetings prior silient Community Advisory Commission.
to the meeting at which it is to be passed be Section 2. This Ordinance shall take effect
suspended. Seconded by Connors. Motion on publication.
carried 7-0. Passed, approved and adopted the 3rd day
Motion by Jones to consider the first read- of January, 2017.
ing of the proposed Ordinance No. 1-17 /s/Roy D. Buol, Mayor
Amending City of Dubuque Code of Ordinanc- Attest: /s/Trish L. Gleason, Assistant City Clerk
es Title 2 Boards and Commissions, Chapter 6 Published officially in the Telegraph Herald
Resilient Community Advisory Commission, newspaper on the 6t°day of January, 2017.
Section 2-6-7 Terms by setting the initial terms /s(frish L. Gleason, Assistant City Clerk
and terms for the members of the Commis-
sion. Seconded by Connors. Motion carried 7- 5. Resilient Community Advisory Commis-
0. sion Appointments: Appointments for member-
ship on the Resilient Community Advisory
OFFICIAL PUBLICATION Commission concurrent with ordinance estab-
ORDINANCE NO. 1-17 lishing terms for cross-representatives and the
AMENDING CITY OF DUBUQUE CODE OF initial terms for at-large members.
ORDINANCES TITLE 2 BOARDS AND Cross-representative Applicants: Dean
COMMISSIONS, CHAPTER 6 RESILIENT Boles, 1715 Geraldine Dr.; Steven Drahozal,
COMMUNITY ADVISORY COMMISSION, 683 W. 11t° St.; Nicholas Huff, 3075 Olde
SECTION 2-6-7 TERMS BY SETTING THE Country Ct.; Robin Kennicker, 2929 Elm St.;
INITIAL TERMS AND TERMS FOR THE Carrie Lohrmann, 1879 Denver Dr.; Kate
MEMBERS OF THE COMMISSION Parks, 486 Clarke Dr.; Laura Roussell, 3224
Whereas, the Resilient Community Adviso- Bittersweet; Rich Russell, 2045 Embassy West
ry Commission has nine (9) members who Dr.
serve three (3) year terms; and Upon roll call vote, Steven Drahozal (4),
Whereas, all terms currently have terms Robin Kennicker (4), and Laura Roussell (4)
which expire July 1, 2019; and were appointed as cross representatives until
Whereas, the City Clerk recommends that the expiration of their terms on the cross rep-
no more than three (3) members' terms expire resented board or commission; Dean Boles =
each year. Rios, Lynch; Steven Drahozal = Rios, Resnick,
NOW, THEREFORE, BE IT ORDAINED Jones, Buol; Nicholas Huff = Connors; Robin
BY THE CITY COUNCIL OF THE CITY OF Kennicker = Del Toro, Resnick, Jones, Buol;
DUBUQUE, IOWA: Carrie Lohmann = Connors, Del Toro; Kate
Sedion 1. Sedion 2-6-7 of the City of Parks = Rios, Lynch; Laura Roussell = Con-
Dubuque Code of Ordinances is hereby nors, Resnick, Lynch, Jones, Buol; Rich Rus-
amended to read as follows: sell = Del Toro.
2-6-7: TERMS: At-Large Applicants: Sara Booth, 2015
The initial terms shall be as follows: Chaney Rd.; Benjamin Darr, 419 Winona St.;
A. Two (2) at-large members appointed Dean Boles, 1715 Geraldine Dr.; Stephanie
until July 1, 2018. Grutr, 6176 Centura Ct.; Nicholas Huff, 3075
B. Two (2) at-large members appointed Olde Country Ct.; Carrie Lohrmann, 1879
until July 1, 2019. Denver Dr.; Jared McGovern, 755 Chestnut
C. Two (2) at-large members appointed St.; Mike Muench, 2805 Jackson St.; Kate
until July 1, 2020. Parks, 486 Clarke Dr.; Sergio Perez, 1325 Cox
D. Three (3) cross representative St.; Rich Russell, 2045 Embassy West Dr.;
members appointed until the expiration of Paul Schultr, 1008 Victoria St.; Leah Specht,
their terms on the cross represented board 3248 Bittersweet Ln.
Book 147 Regular Session, January 3, 2017 16
Roll call votes were taken to narrow the available to cover the local funding in the
pool of applicants to six: Dean Boles (5), Sara amount of a state grant of$500,000 and other
Booth (4), Benjamin Darr (5), Stephanie Gru� anticipated state grants in the amount of
(6), Carrie Lohrmann (4) and Leah Specht (5). $264,842.
Motion by Lynch to appoint Sara Booth and NOW THEREFORE, BE IT RESOLVED
Benjamin Darr each to a 3-year term through BY THE CITY COUNCIL OF THE CITY OF
July 1, 2018; Carrie Lohrmann and Leah DUBUQUE, IOWA, THAT:
Specht each to a 3-year term through July 1, Section 1. The City hereby supports and
2019; Dean Boles and Stephanie Grutr each authorizes the grant application submittal for
to a 3-year term through July 1, 2020. Se- funding through the DMATS FY18 Transporta-
conded by Resnick. Motion carried 7-0. tion Improvement Program to assist with the
funding intersection improvements for Univer-
6. DMATS STP Grant Funding Application sity Avenue "Overlap Section" between Penn-
- University Avenue and Grandview Avenue sylvania and Loras Boulevard as part of the
Intersection Improvements: City Manager rec- East-WestCorridorlmprovements.
ommending authorization to officially submit an Passed, approved and adopted this 3rd day
application for a Dubuque Metropolitan Area of January, 2017.
Transportation Study (DMATS) Surface Roy D. Buol, Mayor
Transportation Program (STP) Grant in Fiscal Attest: Trish L. Gleason, Assistant City Clerk
Year 2018 to assist with the construction costs
for the construdion of a single-lane rounda- 7. Fiscal Year 2018 Budget and Fiscal Pol-
bout at the intersection of University Avenue icy Guidelines: City Manager recommending
and Grandview Avenue. Motion by Connors to adoption of the Fiscal Year 2018 Budget Policy
receive and file the documents and adopt Guidelines. Motion by Connors to receive and
Resolution No. 16-17 Authorizing the filing of a file the documents and approve the recom-
Transportation Improvement Program Grant mendation. Seconded by Lynch. Motion car-
Application with the Dubuque Metropolitan ried 7-0.
Area Transportation Study (DMATS) Surface
Transportation Block Grant (STBG) to assist 8. Mayor and City Council Appointments to
with the funding of intersection improvements Various Boards and Commissions: Review of
for University Avenue and Grandview Avenue Mayor and City Council appointments to vari-
as part of the East-West Corridor Improve- ous boards and commissions for 2017 and
ments. Seconded by Jones. Motion carried 7- Correspondence from Operation: New View
0. Community Action Agency requesting the City
Council's 2017 representatives (currently
RESOLUTION NO. 16-17 Council Member Rios and Resnick). Motion by
AUTHORIZING THE FILING OF A TRANS- Connors to receive and file and approve the
PORTATION IMPROVEMENT PROGRAM appointments as follows: Del Toro will replace
GRANT APPLICATION WITH THE DUBU- Connors on the Greater Dubuque Develop-
QUE METROPOLITAN AREA TRANSPOR- ment Corporation (GDDC) Board, Del Toro will
TATION STUDY (DMATS) SURFACE replace Rios on the Operation: New View
TRANSPORTATION BLOCK GRANT (STBG) Community Action Agency and Lynch will re-
TO ASSIST WITH THE FUNDING OF IN- place Rios on the Dubuque County Early
TERSECTION IMPROVEMENTS FOR UNI- Childhood Board. All other appointments will
VERSITY AVENUE AND GRANDVIEW AVE- stand. Seconded by Jones. Motion carried 7-0.
NUE AS PART OF THE EAST-WEST COR-
RIDOR IMPROVEMENTS COUNCIL MEMBER REPORTS
Whereas, the increasing growth of traffic
volumes, along with operational and safety Mayor Buol wished everyone a happy New
concerns, in the University Avenue Corridor Year. Council Member Jones invited everyone
from Pennsylvania Avenue to North Grandview to attend the opening ceremony for the Special
Avenue in the City of Dubuque could be im- Olympic Winter Games Monday, January 9�° at
proved by street and intersection improve- 6:00 p.m. behind the Grand River Center, 500
ments; and Bell Street.
Whereas, the City has determined that im-
provements to this corridor, as recommended There being no further business, upon mo-
by the adopted East-West Corridor Study, will tion the City Council adjourned at 7:44 p.m.
improve capacity and traffic flow, and
Whereas, the City is requesting DMATS /s/Trish L. Gleason, CMC, Assistant City Clerk
STBG funding in the amount of $200,000 in
FY18 to assist with the construction of a
roundabout intersection; and
Whereas, the City has sufficient funds
Book 147 Regularl Session, January 17, 2017 17
CITY OF DUBUQUE, IOWA Seroices Agreement with Gallagher Benefit
CITY COUNCIL PROCEEDINGS Seroices, Inc. for benefit consulting and actu-
arial services, and authorization for the City
REGULAR SESSION Manager to execute the agreement. Upon mo-
OFFICIAL tion the documents were received, filed and
approved.
The Dubuque City Council met in regular
session at 6:00 p.m. on January 17, 2017 in 5. Actuarial Valuation of Post-Employment
the Historic Federal Building, 350 W. 6�n Benefits: City Manager recommending that
Street. Menard Consulting, Inc., be selected to con-
duct the GASB-45 aduarial valuation for 2017.
Present: Mayor Pro-Tem Lynch; Council Upon motion the documents were received,
Members Connors, Del Toro, Jones, Resnick, filed and approved.
Rios; City Manager Van Milligen, City Attorney
Brumwell 6. Acceptance of Deed - 1146 Elm Street:
City Manager recommending acceptance of
Absent: Mayor Buol the deed to property located at 1146 Elm
Street from Stackis, LLC. Upon motion the
Mayor Pro-Tem Lynch read the call and documents were received and filed and Reso-
stated this is a regular session of the City lution No. 17-17 Accepting the Deed to certain
Council called for the purpose of conducting real estate in Dubuque County, lowa from
such business that may properly come before Stackis, LLC was adopted.
the City Council.
RESOLUTION NO. 17-17
PLEDGE OF ALLEGIANCE ACCEPTING THE DEED TO CERTAIN REAL
ESTATE IN DUBUQUE COUNTY, IOWA
CONSENT ITEMS FROM STACKIS, LLC
Whereas, the City of Dubuque entered into
Motion by Connors to receive and file the an Agreement on October 14, 2016, with
documents, adopt the resolutions, and dispose Stackis, LLC as amended by First Amendment
of as indicated. Seconded by Jones. Council dated January 5, 2017, for the purchase of
Member Del Toro requested Item No. 18 Mu- certain real property in Dubuque County, lowa,
nicipal Parking Ramp/Lot Hourly Rate Adjust- described as follows:
ment be held for separate discussion. Motion The northerly 177.6 feet of the easterly
carried 6-0. 100 feet of the westerly 220 feet of Out
Lot 500, EXCEPT that part conveyed to
1. Minutes and Reports Submitted: City the City of Dubuque, lowa, Warranty
Council Proceedings of 1/3/17; Park and Rec- Deed, Instrument No. 2600-86; in the
reation Commission of 12/13/16; Zoning Advi- City of Dubuque, lowa, according to the
sory Commission of 1/12/17; Zoning Board of United States Commissioners' Plat of the
Adjustment of 12/22/16; Proof of Publication Survey of the Town of Dubuque, lowa,
for City Council Proceedings of 12/5/16; records of Dubuque County, lowa; and
12/12/16; and 12/19/16. Upon motion the doc- N/hereas, the terms of the Agreement have
uments were received,filed and approved. now been met.
NOW, THEREFORE, BE IT RESOLVED
2. Disposition of Claims: City Attorney ad- BY THE CITY COUNCIL OF THE CITY OF
vising that the following claims have been re- DUBUQUE, IOWA, AS FOLLOWS:
ferred to Public Entity Risk Services of lowa, 1. The City of Dubuque, lowa, hereby ap-
the agent for the lowa Communities Assurance proves and ratifies the Agreement as amended
Pool: Tom Giese for property damage. Upon and accepts the Deed from Stackis. LLC a
motion the documents were received, filed and copy of which Deed is attached hereto.
concurred. 2. The City Clerk is hereby authorized and
direded to record this Resolution and the
3. Human Rights Department Annual Re- Deed with the Dubuque County Recorder.
port: City Manager transmitting the Fiscal Year Passed, approved and adopted this 17�n
2016 Human Rights Department Annual Re- day of January, 2017.
port. Upon motion the document was received Kevin J. Lynch, Mayor Pro-Tem
and filed. Attest: Kevin S. Firnstahl, City Clerk
4. Gallagher Benefit Services Renewal 7. Plat of Survey- 1100 Mela Drive: Zoning
Proposal: City Manager recommending ap- Advisory Commission recommending approval
proval of an amendment to the Administrative of a Plat of Survey for 1100 Mela Drive
(Schramm Place) subject to waiving the lot
Book 147 Regular Session,January 17, 2017 18
frontage for Lot 1 of Schramm Place. Upon feet of frontage for Lot 1-1 and 0 feet of front-
motion the documents were received and filed age for Lot 2-1 on a public or approved private
and Resolution No. 18-17 Approving the Plat street, where 50 feet of street frontage is re-
of Survey for Lot 1 of Schramm Place in the quired by Section 11-14 of Title 15 of the City
City of Dubuque, lowa was adopted. of Dubuque Code of Ordinances, Unified De-
velopment code; and
RESOLUTION NO. 18-17 Whereas, said Plat of Survey has been ex-
APPROVING THE PLAT OF SURVEY OF amined by the Zoning Advisory Commission
LOT 1 OF SCHRAMM PLACE IN THE CITY and had its approval endorsed thereon; and
OF DUBUQUE, IOWA Whereas, said Plat of Survey has been ex-
Whereas, there has been filed with the City amined by the City Council and they find that it
Clerk a Plat of Survey of Lot 1 of Schramm conforms to the statues and ordinances relat-
Place in the City of Dubuque, lowa; and ing thereto.
Whereas, said Plat of Survey provides 25 NOW THEREFORE, BE IT RESOLVED
feet of frontage for Lot 1 on a public or ap- BY THE CITY COUNCIL OF THE CITY OF
proved private street, where 50 feet of street DUBUQUE, IOWA:
frontage is required by Section 11-14 of Title Sedion 1. That Section 11-14 of Title 16 of
15 of the City of Dubuque Code of Ordinances, the City of Dubuque Code of Ordinances, Uni-
Unified Development Code; and fied Development Code, is waived to allow 25
Whereas, said Plat of Survey has been ex- feet of frontage for Lot 1-1 and 0 feet of front-
amined by the Zoning Advisory Commission age for Lot 2-1 on a public street or an ap-
and had its approval endorsed thereon; and proved private street for Lot 1.
Whereas, said Plat of Survey has been ex- Sedion 2. That the Plat of Survey is here-
amined by the City Council and they find that it by approved and the Mayor and City Clerk are
conforms to the statues and ordinances relat- hereby authorized and directed to endorse the
ing thereto. approval of the City of Dubuque, lowa upon
NOW THEREFORE, BE IT RESOLVED said Plat of Survey.
BY THE CITY COUNCIL OF THE CITY OF Passed, approved and adopted this 17�n
DUBUQUE, IOWA: day of January, 2017.
Section 1. That Section 11-14 of Title 16 of Kevin J. Lynch, Mayor Pro-Tem
the City of Dubuque Code of Ordinances, Uni- Attest: Kevin S. Firnstahl, City Clerk
fied Development Code, is waived to allow 25
feet of frontage on a public street or an ap- 9. Site Plan Review - 3375 Lake Ridge
proved private street for Lot 1. Drive: Zoning Advisory Commission recom-
Section 2. That the Plat of Survey is here- mending approval of a Site Plan for 3375 Lake
by approved and the Mayor and City Clerk are Ridge Drive for Statera Integrated Health and
hereby authorized and directed to endorse the Wellness Solutions. Upon motion the docu-
approval of the City of Dubuque, lowa upon ments were received, filed and approved.
said Plat of Survey.
Passed, approved and adopted this 17t° 10. Acceptance of the SRF Green Alley
day of January, 2017. Projed Bid Set 2 -Year 3: City Manager rec-
Kevin J. Lynch, Mayor Pro-Tem ommending acceptance of the construction
Attest: Kevin S. Firnstahl, City Clerk contrad for the SRF Green Alley Bid Set 2-
Year 3 Project, as completed by Drew Cook
8. Plat of Survey- 1097 Mela Drive: Zoning and Sons 6ccavating, Inc., and adoption of the
Advisory Commission recommending approval Final Schedule of Assessments. Upon motion
of the Plat of Survey for 1097 Mela Drive the documents were received and filed and
(Stark Place) subject to waiving the lot front- Resolution No. 20-17 Accepting the SRF
age requirements for Lot 1 of 1 and Lot 2 of 1 Green Alley Project Bid - Set 2 Year 3 and
of Stark Place. Upon motion the documents Authorizing the payment of the contract
were received and filed and Resolution No. 19- amount to the contractor; and Resolution No.
17 Approving the Plat of Survey of Lot 1-1 & 21-17 Adopting the Final Assessment Sched-
Lot 2-1 of Stark Place in the City of Dubuque, ule for the SRF Green Alley Projed Bid Set 2
lowa was adopted. Year3 were adopted.
RESOLUTION NO. 19-17 RESOLUTION NO. 20-17
APPROVING THE PLAT OF SURVEY OF ACCEPTING THE SRF GREEN ALLEY
LOT 1-1 8. LOT 2-1 OF STARK PLACE IN PROJECT - BID SET 2 YEAR 3 AND AU-
THE CITY OF DUBUQUE, IOWA THORIZING THE PAYMENT OF THE CON-
Whereas, there has been filed with the City TRACT AMOUNT TO THE CONTRACTOR
Clerk a Plat of Survey of Lot 1-1 & Lot 2-1 of Whereas, the Public Improvement Contract
Stark Place in the City of Dubuque, lowa; and for the SRF Green Alley Project - Bid Set 2
Whereas, said Plat of Survey provides 25 Year 3 (the Project) has been completed and
Book 147 Regularl Session, January 17, 2017 19
the City Engineer has examined the work and Code § 384.63. Said assessments against
filed a certificate stating that the Project has said lots are hereby declared to be in propor-
been completed according to the terms of the tion to the special benefits conferred and not in
Public Improvement Contract and that the City excess of twenty-five percent of the value of
Engineer recommends that the Project be ac- same.
cepted. The City Clerk be and is hereby directed to
NOW THEREFORE, BE IT RESOLVED certify the Final Schedule of Assessments to
BY THE CITY COUNCIL OF THE CITY OF the County Treasurer of Dubuque County,
DUBUQUE, IOWA: lowa, and to publish notice of said certification
Section 1. The recommendation of the City once each week for two consecutive weeks in
Engineer is approved and the Project is hereby the manner provided in lowa Code § 362.3,
accepted. the first publication of which shall be not more
Section 2. The Finance Director is hereby than fifteen days from the date of filing of the
directed to pay to the Contractor from the SRF Final Schedule of Assessments. On or before
Green Alley Project fund for the contract the date of the second publication of the no-
amount of $1,687,506.09 less any retained tice, the City Clerk shall also mail a copy of
percentage provided for therein as provided in said notice to property owners whose property
lowa Code chapter 573, and to pay such re- is subject to assessment, as provided in lowa
tainage only in accordance with the provisions Code§384.60.
of lowa Code chapter 573. The assessments may be paid in full or in
Passed, approved and adopted this 17t° part without interest at the office of the City
day of January, 2017. Treasurer, City Hall, 50 W. 13t° Street, Dubu-
Kevin J. Lynch, Mayor Pro-Tem que, lowa, at any time within 30 days after the
Attest: Kevin S. Firnstahl, City Clerk date of the first notice of the Final Schedule of
Assessments. Thereafter, unpaid assessments
CITY ENGINEER'S CERTIFICATE OF FINAL of $500.00 or more are payable in 15 annual
COMPLETION OF THE SRF GREEN ALLEY installments at the County Treasurer's Office,
PROJECT-BID SET 2 YEAR 3 Dubuque County Courthouse, 720 Central
The undersigned City Engineer of the City Avenue, Dubuque, lowa, and will draw annual
of Dubuque, lowa, hereby certifies that he has interest at three percent (3%) computed to
inspected the SRF Green Alley Project - Bid December 1 next following the due dates of
Set 2 Year 3, that the Project has been per- the respective installments as provided in Sec-
formed in compliance with the terms of the tion 384.65 of the Code of lowa. Each install-
Public Improvement Contract, and that the ment will be delinquent from October 1 follow-
total cost of the completed work is ing its due date on July 1 of each year. How-
$1,944,784.92. ever, when the last day of September is a Sat-
Dated this 9t° day of January, 2017. urday or Sunday, that amount shall be delin-
/s/Gus Psihoyos, City Engineer quent from the second business day of Octo-
Filed in the office of the City Clerk on the ber. Delinquent installments will draw the
9�n day of January, 2017. same delinquent interest as ordinary taxes.
/s/Kevin S. Firnstahl, City Clerk Property owners may elect to pay any annual
installments semi-annually in advance.
RESOLUTION NO. 21-17 Passed, approved and adopted this 17�n
ADOPTING THE FINAL ASSESSMENT day of January, 2017.
SCHEDULE FOR THE SRF GREEN ALLEY Kevin J. Lynch, Mayor Pro-Tem
PROJECT-BID SET 2 YEAR 3 Attest: Kevin S. Firnstahl, City Clerk
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF FINAL SCHEDULE OF VALUATION AND
DUBUQUE, IOWA: ASSESSMENTS FOR SRF GREEN ALLEY
After full consideration, the Final Schedule PROJECT BID SET 2-YEAR 3
of Assessments as shown on the attached The following schedule is hereby deter-
sheet(s), Page 1 to Page 6 inclusive is hereby mined to show each lot proposed to be as-
approved for the SRF Green Alley Project- Bid sessed for the improvement shown in the title
Set 2 Year 3. together with the amount proposed to be as-
There is hereby assessed and levied as a sessed against each lot and the valuations
special tax against and upon each of the bene- shown opposite each lot are hereby fixed as
fited properties, the respective sums indicated. the true valuations of such lots by the City
The amounts shown in said Final Schedule of Council of the City of Dubuque
Assessments as deficiencies are found to be ALLEY BETWEEN IOWA ST. AND CEN-
proper and levied conditionally against the TRAL AVE FROM W. 10�^ST.to W. 11�^ST.
respective properties benefited by the im- ALLEY BETWEEN IOWA ST. AND CEN-
provements as shown in the Final Schedule of TRAL AVE FROM W 11�^ ST TO W. 12�^
Assessments, subject to the provisions of lowa STREET
Book 147 Regular Session,January 17, 2017 20
Parcel Number; Property Owner Name; Lot 2 of City Lot 270; 1072 Central Ave;
Description; Street Address; Valuation with $86,194.49; $674.49
Improvement; Total Net Assessment 1024476003; Smith, Robert G &Sandra S; Lot 1
1024456003; Haupert, John C & Carolyn S; S of City Lot 270 1060-1064 Central Ave; 1060
41.1' NM 1/5 City Lot 458; 1170 lowa St; Central Ave; $68,208.86; $2,012.86
$114,707.71; $1,139.71 1024476004; Smith, Robert G &Sandra S; N 28'
1024456011; Trannel, James A& Marie C; N 26' of City Lot 271; 1056 Central Ave; $91,039.34;
M1/5 & S25' M1/5 & N15' oftheS2/5allin $778.34
City Lot 458; 1154 lowa St; $130,186.66; 1024476005; Bries Holdings LLC; S 23'4" City
$1,834.66 Lot 271; 1046 Central Ave; $109,464.53;
1024461004; Plastic Center Inc; City Lot 203; $648.53
1000 lowa St; $177,206.42; $1,594.92 1024476016; DLTV LLC; City Lot 273 & N 1/2 &
1024461005; Dubuque Community School S 1/2 of City Lot 272; 1006 Central Ave;
District for the Cities of Dubuque &Jackson; N $250,680.51; $2,846.51
42' of City Lot 268; Central Ave; $12,767.51; 1024476008; Jaeger, Sharon J; City Lot 338; 74
$1,167.51 E 11t° St; $43,65825; $1,42325
1024461009; Plastic Center Inc; Lot 1 City Lot 1024476009; Jaeger, Sharon J; City Lot 337
264, City Lot 265 & Lots 1,2 & 3 of City Lot 1069-1073 White; 1069 White St; $23,935.44;
266, N 11.2&S 40' Both of City Lot 267, S 9.2' $1,395.44
Of City Lot 268 (1007-1051 Central); 1007 1024476010; Jaeger, Sharon J; Lot 2 of City Lot
Central Ave; $191,830.43; $5,955.43 336; 1055 White St; $6,790.58; $490.58
1024456006; JL Pro Investments LLC; N 32 1/2' 1024476011; Smith, Robert G &Sandra S; Lot 1
S 87.5' of S 2/5 City Lot 458 1130-1130 1/2 of City Lot 336; 1051 White St; $12,059.85;
lowa; 1130 lowa St; $118,787.43; $903.43 $904.85
1024456007; JL Pro Investment LLC; S 55' S 1024476012; High Performance Properties LLC;
87.5' of S 2/5 of City Lot 458 1108-1120 lowa; N 23'6" of City Lot 335; 1037 White St;
1108 lowa St; $164,657.89; $1,528.89 $36,290.48; $640.48
1024456008; Prescott LLC; Nly 87' 1.2"of N 3/5 1024476013; Mueller, John A; S 27'8"of City Lot
of City Lot 447; 1199 Central Ave; $44,416.59; 335; 1029 White St; $69,294.14; $754.14
$2,427.59 1024476014; DLTV LLC; N 1/2 of City Lot 334;
1024456009; City of Dubuque lowa City Hall; S Central Ave; $11,374.63; $711.63
66.5' of N 3/5 of City 6 Lot 447; 1157 Central 1024476015; Rhomberg Fur Company; S 1/2 Of
Ave; $291,988.56; $1,848.56 City Lot 334; E 10t°St; $11,609.63; $711.63
1024456010; Legionnaires Drum & Bugle Corps 1024478001; Universal Motors Inc; N 23.2' of N
Inc D/B/A Colts Drum &; S 2/5 City Lot 447; 49.2' of City Lot 274; 998 Central Ave;
1101 Central Ave; $222,196.51; $2,846.51 $263,214.91; $644.91
1024456001; Haupert, John C & Carolyn S; N 1024478002; Universal Motors Inc; City Lot S
41.3' N 1/5 City Lot 458; lowa St; $33,548.66; 26' of N 49.2' of 274 City Lot S 2' of Lot 274
$1,146.66 City Lot 275 City Lot 276& N. 1/2 of 277; Cen-
1024456002; Haupert, John C & Carolyn S; S tral Ave; $118,576.48; $4,336.48
9.9' of N 1/5 City Lot 458; N 10.1' of Nm 1/5 1024478003; Marde Enterprises; S 1/2 of City
City Lot 458; 1176 lowa St; $85,888.96; Lot 277; 928 Central Ave; $17,914.63; $711.63
$555.96 1024478004; Marde Enterprises; City Lot 278;
1024461001; Plastic Center Inc; City Lot 199 & 900 Central Ave; $150,25925; $1,423.25
Lots 1,2, & 3 of City Lot 200; 1084 lowa St; 1024478005; Edward & Connie Lehman; N 1/2
$196,044.84; $2,844.84 City Lot 332 &All of City Lot 333; 98 E 10t° St;
1024461002; Plastic Center Inc; City Lot 201; N $111,939.88; $2,134.88
11'2"City Lot 202; 1044 lowa St; $185,647.92; 1024478006; McStac Properties; S 1/2 of City
$1,732.92 Lot 332; 985 White St; $69,397.72; $697.72
1024461003; 1840 LLC; S 40' of City Lot 202; 1024478007; Butler, Zona; N 1/2 of City Lot 331;
lowa St; $31,575.92; $1,111.92 953 White St; $39,057.72; $697.72
ALLEY BETWEEN CENTRAL AVE. AND 1024478008; Christianson, Lynn A; S 1/2 of City
WHITE ST. FROM E. 9�^ST. TO E. 10�^ST. Lot 331; 951 White St; $89,303.63; $711.63
ALLEY BETWEEN CENTRAL AVE. AND 1024478009; Griffin, Mark T; N 1/2 of City Lot
WHITE ST. FROM E. 10�^ST. TO E. 11�^ST. 330; 933 White St; $39,467.72; $697.72
Parcel Number; Property Owner Name; Lot 1024478010; Kehl, Victoria A; S 1/2 of City Lot
Description; Street Address; Valuation with 330; 931 White St; $45,217.72; $697.72
Improvement; Total Net Assessment 1024478011; Jasc Property LLC; City Lot 329
1024476001; Dubuque Community School 909 White & 55 9t° St; 909 White St;
District in the Cities of Dubuque & Jackson; $142,68125; $1,42325
Lot 1 of City Lot 269; 1098 Central Ave; ALLEY BETWEEN WHITE ST.AND JACKSON
$24,423.25; $1,42325 ST. FROM E. 10�^ST. TO E. 11�^ST.
1024476002; Marugg, Parrish C & Janet A; Lot FINAL SCHEDULE OF VALUATION AND
Book 147 Regularl Session, January 17, 2017 21
PROPOSED ASSESSMENTS Darren T; Lot 173 Finley Add; 2245 Green St;
Parcel Number; Property Owner Name; Lot $147,920.69; $2,470.69
Description; Street Address; Valuation with 1023355017; Johnson, Michael J; Lot 174 Finley
Improvement; Total Net Assessment Add; 2225 Green St; $124,520.69; $2,470.69
1024477002; Hamel, Thomas J Declaration of 1023355001; Saint Anthony's Church; Lots 18,
Trust & Hamel, Norma Jeanne Declaration of 19, & 20 Finley Add; 1870 Saint Ambrose St;
Trust; E 30' of City Lot 339; 148 E 11t° St; $7,969.44; $7,969.44
$8,911.08; $1,060.08 1023355002; Saint Anthony's Church; Lot 1-16
1024477011; Hamel, Norma Jeanne Declaration & 17 Finley Add; 1860 Saint Ambrose St;
of Trust; Lot 1-1 & 2-1 of City Lot 340; White $3,314.43; $3,314.43
St; $15,959.25; $951.25 1023355003; St Anthony Church Dubuque,
1024477005; Hamel, Thomas J Declaration of lowa; Lot 2-16 & 17 Finley Add; 1850 Asbury
Trust & Hamel, Norma Jeanne Declaration of Rd; $1,847.80; $1,847.80
Trust; Lot 2 of City Lot 340; White St; 1023355004; McDonnell, Mark R& Debra E; Lot
$7,865.67; $473.67 15 Finley Add; 1840 Asbury Rd; $195,563.21;
1024477006; DLTV LLC; N 1/2 of City Lot 341; $3,253.21
1060 White St; $9,461.63; $711.63 1023355008; Schumacher, Daniel; W 54' of Lot
1024477007; DLTV LLC; S 1/2 of City Lot 341; 181 Finley Add; 2154 Rosedale Ave;
1048 White St; $63,947.63; $711.63 $106,350.53; $2,490.53
1024477008; Dubuque Tanning & Robe Co; City 1023355009; Schneider, Tim A & Lewis, Laure
Lot 342 & City Lot 343; 1000 White St; A; W 37' of Lot 180 & E 13' Of 181 Finley Add;
$247,857.51; $2,846.51 2150 Rosedale Ave; $119,428.03; $2,258.03
1024477009; Kalmes Brothers LLC; N 1/2 of 1023355010; LoBianco, Louis P& Margaret; Lot
City Lot 388; 1097 Jackson St; $141,625.63; 2 Vorwald Place; 2140 Rosedale Ave;
$711.63 $127,481.50; $2,201.50
1024477010; Sr Jackson Real Estate LLC; City 1023355011; Lange, Joseph R& Norma J; Lot 1
Lots 384387 & S 1/2 of City Lot 388; 1065 Vorwald Place; 2100 Rosedale Ave;
Jackson St; $324,461.64; $6,404.64 $117,521.95; $2,131.95
ALLEY BETWEEN WASHINGTON ST. AND 1023355012; Zeal, Jason M; W 44' of Lot 178 &
ELM ST. FROM E. 11�^ST. TO E. 12�^ST. E 6' of Lot 179 Finley Add; 2090 Rosedale
FINAL SCHEDULE OF VALUATION AND Ave; $84,407.96; $2,057.96
PROPOSED ASSESSMENTS 1023355018; Riedl, Jessica; Lot 175 Finley Add;
Parcel Number; Property Owner Name; Lot 2215 Green St; $137,070.69; $2,470.69
Description; Street Address; Valuation with 1023355019; Richard M & Debra Carroll; Lot 1-
Improvement; Total Net Assessment 176 Finley Add; 1845 Avoca St; $139,462.65;
1024441006; Stackis LLC; N 24' Sm 1/5, Wm $3,992.65
1/4, M 1/5 Wm 1/4 & Bal N 2/5 Wm 1/4 All of ALLEY BETWEEN MADISON ST AND W 17�^
City Lot 500; 1146 Elm St; $341,351; FROM ELLIS ST.TO W. 17�^ST.
$4,970.27 Parcel Number; Property Owner Name; Lot
1024441001; JD&C LLC; Lots 1,2,3,4,5&6 of W Description; Street Address; Valuation with
1/4 of City Lot 500; 340 E 12�° St; $376,358; Improvement; Total Net Assessment
$7,116.27 1024180016; Schaufenbuel, Dianne; Lot 4
1024441007; JD&C LLC; S 26' - Sm 1/5-Wm 1/4 Dorgans Sub; 1826 Ellis St; $56,215.47;
of City Lot 500, S 1/5-Wm 1/4 City Lot 500; E $4,220.47
12t°St; $29,978; $2,146.00 1024180026; Perry, Jodie L; Lot 6 Dorgans Sub;
ALLEY BETWEEN ASBURY RD AND AVOCA 375 Dorgan PI; $92,369.63; $1,879.63
ST. FROM ROSEDALE AVE. TO ALLEY 1024180027; Marcov, Newell & Stacy; Lot 7
ALLEY BETWEEN ROSEDALE AVE. AND Dorgan's Sub; 351 Dorgan PI; $40,499.63;
GREEN ST. FROM ASBURY RD. TO AVOCA $3,087.13
ST. 1024180028; Marcov, Newel S & Stacy; Lot 8
Parcel Number; Property Owner Name; Lot Dorgan's Sub; 331 Dorgan PI; $71,812.64;
Description; Street Address; Valuation with $3,487.64
Improvement; Total Net Assessment 1024180029; Roberts, Ronald W; Lot 9 Dorgan's
1023355013; Miller, Richard J & Joan; W 17' of Sub; 303 Dorgan PI; $42,192.73; $1,952.73
Lot 177 & E 33' of Lot 178 Finley Add; 2080 1024180030; Nelson, R Kenneth & Lori A; Lot
Rosedale Ave; $107,532.33; $1,972.33 10 Dorgans Sub; 295 Dorgan PI; $55,788.36;
1023355014; Austin B Clark; E 63' of Lot 177 $3,408.36
Finley Add; 2020 Rosedale Ave; $128,628.27; 1024180031; Lugrain, James M; Lot 1-11 &2-12
$2,358.27 Dorgans Sub 271-273 Dorgan PI; 271 Dorgan
1023355015; Chad Ellis Construdion; Lot 172 PI; $47,980.62; $1,680.62
Finley Add; 2259 Green St; $91,530.69; 1024180032; Wallis, Elizabeth Jane Trust Dated
$2,470.69 1/24/2000; Lot 2-11 & 1-12 Dorgan's Sub; W
1023355016; Spreitrer, Kelly K O & Sauer, 17t°St; $11,02723; $77723
Book 147 Regular Session,January 17, 2017 22
1024180033; Wallis, Elizabeth Jane Trust Dated
1/24/2000; Lot 13 Dorgans Sub; W 17t° St; RESOLUTION NO. 22-17
$15,606.11; $1,546.11 ACCEPTING THE SRF GREEN ALLEY
1024183001; Dubuque Area Labor Harvest; Lots PROJECT - BID SET 3 YEAR 3 AND AU-
13, 2-2, 2-1A, & 2-1 Dorgans Sub; 423 W THORIZING THE PAYMENT OF THE CON-
Locust St; $82,876.06; $3,376.06 TRACT AMOUNT TO THE CONTRACTOR
1024183003; Rubio, Maria L &Chavez, Victor D Whereas, the Public Improvement Contract
& Jimenez, Luis & Teresa; Lot 1-1 & 1-1A for the SRF Green Alley Project - Bid Set 3
Dorgans Sub 403-409 Locust St; 403 Locust Year 3 (the Project) has been completed and
St; $120,321.45; $971.45 the City Engineer has examined the wnrk and
1024183004; French Quarter Estates LC; Lots 1 filed a certificate stating that the Project has
& 3 of City Lot 672A & Lot 1 Of 17 Dorgans been completed according to the terms of the
Sub; 395 W 17t° St; $113,759.10; $619.10 Public Improvement Contract and that the City
1024183007; River Walk Properties LLC; Lot 1-2 Engineer recommends that the Project be ac-
of 2-16 & 2-17 Dorgans & Lot 4 Of City Lot cepted.
672A & 2 of City Lot 673A; 345 W 17t° St; NOW THEREFORE, BE IT RESOLVED
$35,776.20; $806.20 BY THE CITY COUNCIL OF THE CITY OF
1024183008; Mclntyre, Jesse D Trustee of The DUBUQUE, IOWA:
Jesse D Mclntyre Dec of Tr.; Lot 1 Of 2-16 & Section 1. The recommendation of the City
2-17 In Dorgans Sub& 4 Of City Lot 672A& 2 Engineer is approved and the Projed is hereby
Of City Lot 673A; 333 W 17t° St; $243,68326; accepted.
$3,213.26 Sedion 2. The Finance Diredor is hereby
1024183009; Hornung, Gary J & Linda L; Lot 1- directed to pay to the Contractor from the SRF
1 Of City Lot 673A& Lot 1-16& 1- 15 Dorgans Green Alley Project fund for the contrad
Sub 267-267 1/2 W 17t° St; 267 W 17�° St; amount of $1,009,616.60 less any retained
$85,530.25; $1,07025 percentage provided for therein as provided in
1 0241 8301 0; Hornung, Linda L & Gary J; Lot 2- lowa Code chapter 573, and to pay such re-
1 of City Lot 673A&2-15 Dorgans Sub; 265 W tainage only in accordance with the provisions
17t°St; $70,592.61; $3,477.61 of lowa Code chapter 573.
1 0241 8301 4; Hanten, Ronald Joseph & Patricia Passed, approved and adopted this 17�n
Ann; Lot 1 Dorgan's Sub No. 2; 253 W 17th St; day of January, 2017.
$41,610.86; $930.86 Kevin J. Lynch, Mayor Pro-Tem
1 0241 8301 2; Hanten, Ronald Joseph & Patricia Attest: Kevin S. Firnstahl, City Clerk
Ann; Lot 2-14 Dorgans Sub; 251 W 17th St;
$41,359.28; $4,22428 CITY ENGINEER'S CERTIFICATE OF FINAL
1024184002; Hanten, Ronald J; Lot 5-2 of City COMPLETION OF THE SRF GREEN ALLEY
Lot 673; 1745 Madison St; $13,757.29; PROJECT- BID SET 3 YEAR 3
$1,017.29 The undersigned City Engineer of the City
1024184003; Hanten, Ronald J; Lot 2-4-2 of City of Dubuque, lowa, hereby certifies that he has
Lot 673; 1737 Madison St; $36,157.19; inspected the SRF Green Alley Project - Bid
$467.19 Set 3 Year 3, that the Projed has been per-
1024184004; Hanten, Ronald J; Lot 1-4-2 of City formed in compliance with the terms of the
Lot 673; 1735 Madison St; $80,753.48; Public Improvement Contract, and that the
$g03.48 total cost of the completed wnrk is
1024184005; Wallis, Elizabeth Jane Trust Dated $1,130,770.59.
1/24/2000; Lots 1, 2, 3, &7 of 2 of City Lot 673 Dated this 9t°day of January, 2017.
201-245 W 17t° St; 201 W 17�° St; /s/Gus Psihoyos, City Engineer
$748,016.55; $3,186.55 Filed in the office of the City Clerk on the
g�n day of January, 2017.
11. Acceptance of SRF Green Alley Projed /s/Kevin S. Firnstahl, City Clerk
Bid Set 3 -Year 3: City Manager recommend-
ing acceptance of the construction contrad for RESOLUTION NO. 23-17
the SRF Green Alley Bid Set 3-Year 3 Projed, ADOPTING THE FINAL ASSESSMENT
as completed by Portzen Construction, and SCHEDULE FOR THE SRF GREEN ALLEY
adoption of the Final Schedule of Assess- PROJECT- BID SET 3-YEAR 3
ments. Upon motion the documents were re- NOW, THEREFORE, BE IT RESOLVED
ceived and filed and Resolution No. 22-17 BY THE CITY COUNCIL OF THE CITY OF
Accepting the SRF Green Alley Project - Bid DUBUQUE, IOWA:
set 3 Year 3 and authorizing the payment of After full consideration, the Final Schedule
the contract amount to the contractor; and of Assessments as shown on the attached
Resolution No. 23-17 Adopting the Final As- sheet(s), Page 1 to Page 5 inclusive is hereby
sessment Schedule for the SRF Green Alley approved for the SRF Green Alley Project- Bid
Project- Bid Set 3 Year 3 were adopted. Set 3 Year 3.
Book 147 Regularl Session, January 17, 2017 23
There is hereby assessed and levied as a FINAL SCHEDULE OF VALUATION AND
special tax against and upon each of the bene- PROPOSED ASSESSMENTS FOR SRF
fited properties, the respective sums indicated. GREEN ALLEY PROJECT BID SET 3-YEAR 3
The amounts shown in said Final Schedule of ALLEY BETWEEN JACKSON ST. AND
Assessments as deficiencies are found to be WASHINGTON ST. FROM E. 12�^ TO E. 13�^
proper and levied conditionally against the ST.
respective properties benefited by the im- Parcel Number; Property Owner Name; Lot
provements as shown in the Final Schedule of Description; Street Address; Valuation with
Assessments, subject to the provisions of lowa Improvement; Total Net Assessment
Code § 384.63. Said assessments against 1024435023; Smith, Maxwell J & Brenda J; Lot
said lots are hereby declared to be in propor- 64 & 2-1-65 & 2-65 East Dubuque Add; 1255
tion to the special benefits conferred and not in Washington St; $301,295.04; $8,672.04
excess of twenty-five percent of the value of 1024435002; Leute, Kevin John; Lot 1-57 East
same. Dubuque Add 206-212 E 13t° St; 206 E 13th
The City Clerk be and is hereby directed to St; $75,745.01; $2,666.51
certify the Final Schedule of Assessments to 1024435005; Mullady, Betty Ann A/K/A Eliza-
the County Treasurer of Dubuque County, beth A; N 1/2 Lot 58 East Dubuque Add; 1276
lowa, and to publish notice of said certification Jackson St; $54,277.50; $1,747.25
once each week for hnro consecutive weeks in 1024435006; Moonlit Beaches Investments LLC;
the manner provided in lowa Code § 362.3, S 1/2 Lot 58 East Dubuque Add & N 1'6" - N
the first publication of which shall be not more 1/2 - Lot 59 East Dubuque Add; 1266 Jackson
than fifteen days from the date of filing of the St; $56,928.17; $908.17
Final Schedule of Assessments. On or before 1024435009; Kunnert, Robert A; Lot 2 - S 24' -
the date of the second publication of the no- N 1/2 Lot 59 East Dub Add & Lot 2 - S 1/2 -
tice, the City Clerk shall also mail a copy of Lot 59 East Dub Add; 1250 Jackson St Rear
said notice to property owners whose property Apt Rear; $51,285.36; $2,438.61
is subject to assessment, as provided in lowa 1024435010; Ulhaq, Irfan & Kwnn, Miyeon; N
Code§384.60. 25' - Lot 60 East Dubuque Add; 1238 Jackson
The assessments may be paid in full or in St; $44,557.17; $1,882.17
part without interest at the office of the City 1024435011; Pia Kirchberg; S 26.2' Lot 60 East
Treasurer, City Hall, 50 W. 13t° Street, Dubu- Dubuque Add; 1228 Jackson St; $67,397.84;
que, lowa, at any time within 30 days after the $887.84
date of the first notice of the Final Schedule of 1024435012; Schneider, Gary; N 1/2 Lot 61
Assessments. Thereafter, unpaid assessments East Dubuque Add; 1214 Jackson St;
of $500.00 or more are payable in 15 annual $68,237.50; $867.50
installments at the County Treasurer's Office, 1024435013; Tully, Katherine M Declaration of
Dubuque County Courthouse, 720 Central Trust; S 1/2 Lot 61 East Dubuque Add; 1208
Avenue, Dubuque, lowa, and will draw annual Jackson St; $74,637.50; $867.50
interest at three percent (3%) computed to ALLEY BETWEEN JACKSON ST. AND
December 1 next following the due dates of WASHINGTON ST. FROM E. 13�^ ST. TO E.
the respective installments as provided in Sec- 14�^ST.
tion 384.65 of the Code of lowa. Each install- Parcel Number; Property Owner Name; Lot
ment will be delinquent from October 1 follow- Description; Street Address; Valuation with
ing its due date on July 1 of each year. How- Improvement; Total Net Assessment
ever, when the last day of September is a Sat- 1024430002; Community Housing Initiatives Inc;
urday or Sunday, that amount shall be delin- E 56' of Lot 52 East Dubuque Add 232-234-
quent from the second business day of Octo- 244-246 E 14t° St; 232 E 14�° St; $29,895.01;
ber. Delinquent installments will draw the $1,735.01
same delinquent interest as ordinary taxes. 1024430003; Pike, Herschel S & Jan R; N 1/2
Property owners may elect to pay any annual Lot 53 East Dubuque Add; 1366 Jackson St;
installments semi-annually in advance. $31,917.50; $867.50
Passed, approved and adopted this 17t° 1024430004; T & M Investment Properties LLC;
day of January, 2017. S 1/2 Lot 53 East Dubuque Add; 1364 Jackson
Kevin J. Lynch, Mayor Pro-Tem St; $45,227.50; $867.50
Attest: Kevin S. Firnstahl, City Clerk 1024430005; Murray, David F; N 1/2 Lot 54 East
Dubuque Add; 1360 Jackson St; $57,627.50;
$1,799.00
1024430006; Yager, James P; S 1/2 Lot 54 & N
1/2 Lot 55 Both in East Dubuque Add; 1344
Jackson St; $62,715.01; $1,735.01
1024430007; Wernimont, Thomas J Sr & Anne
M; S 1/2 Lot 55 East Dub Add; 1328 Jackson
St; $45,137.50; $867.50
Book 147 Regular Session,January 17, 2017 24
1024430008; Levasseur, Alison G & Hurley- 1024426017: Wanger, Maxine C A/WA Clara
Lenane, Shane P; N 1/2 Lot 56 East Dubuque Maxine & Michele M Beyer: N 1/2 Lot 75 East
Add; 1318 Jackson St; $107,997.50; $867.50 Dubuque Add: 1471 Washington St:
1024430009; Devereaux, Robert J & Maribeth $42,637.50: $867.50
P; S 1/2 Lot 56 East Dubuque Add; 1308 1024426018: Wanger, Maxine C A/WA Clara
Jackson St; $71,747.50; $867.50 Maxine & Michele M Beyer: S 1/2 Lot 75 East
1024430010; Boathouse Investment Properties Dubuque Add: 1467 Washington St:
LLC; Lots 70 & 71 East Dubuque Add; 1395 $48,487.50: $867.50
Washington St; $147,363.21; $3,540.21 1024426019: McMahon Real Est Rentals LLC:
1024430011; McCarthy, Terrance P. & Juanita Lot 74 East Dubuque Add 1453-1455 Wash-
R; N 30' Lot 69 East Dubuque Add; 1355 ington: 1453 Washington St: $93,085.01:
Washington St; $56,316.61; $1,016.61 $1,735.01
1024430012; Yager, John E; S 21'2"Lot 69 East 1024426020: Nathan R. Rochelle: Lot 73 East
Dubuque Add; Washington St; $8,068.40; Dubuque Add: 1433 Washington St:
$718.40 $99,095.01: $1,735.01
1024430013; Yager, John E; Lot 68 East Dubu- ALLEY BETWEEN JACKSON ST. AND
que Add; 1325 Washington St; $47,395.01; WASHINGTON ST. FROM E. 15�^ ST. TO E.
$1,735.01 16�^ST.
1024430014; YM Properties LLC; Lot 67 East Parcel Number; Property Owner Name; Lot
Dub Add 1303-1313 Washington; 1303 Wash- Description; Street Address; Valuation with
ington St; $89,165.01; $1,735.01 Improvement; Total Net Assessment
ALLEY BETWEEN JACKSON ST. AND 1024281001: Dubuque Community Food Pantry:
WASHINGTON ST. FROM E. 14�^ ST. TO E. Lot 1-42 East Dubuque Add 1592-1598 Jack-
15�^ST. son: 1598 Jackson St: $140,171.09: $1,165.09
Parcel Number; Property Owner Name; Lot 1 024281 01 2: Ginter, Patricia Jean: N 1/2 of Lot
Description; Street Address; Valuation with 79 East Dubuque Add: 1559 Washington St:
Improvement; Total Net Assessment $55,687.50: $1,281.50
1024426003: McMahon Real Est Rentals LLC: 1 024281 01 3: Richard, Roger: S 1/2 of Lot 79
Lot 2-47 & Lot 1-N 1/2 of 48 Both in East East Dubuque Add: 1543 Washington St:
Dubuque Add: 1478 Jackson St: $74,590.36: $84,057.50: $867.50
$930.36 1024281014: YM Properties LLC: East Dubuque
1024426004: Burbach, Thomas E & Mona L: Add N 25' of Lot 78: 1539 Washington St:
Sub 2-1-47 E. Dub. Add. 1 & 2 Sub 1-2 of N $53,437.17: $847.17
1/2 of 48 E. Dub. Add. 1 Sub 2 of N 1/2 of 48 1024281015: Rivera, Francisco: S 26'2" Lot 78
E. Dub. Add. 2: 230 E 15t° St: $27,86728: East Dub Add: 1525 Washington St:
$2,294.65 $59,387.84: $887.84
1024426005: McMahon Real Est Rentals LLC: 1 024281 01 6: Community Housing Initiatives
Lot 2-1-2-N 1/2-48 East Dubuque Add: Inc.: N 1/2 Lot 77 East Dubuque Add: 1513
$265.44: $65.44 Washington St: $37,487.50: $1,775.00
1024426006: Roberson, Deanna L.: S 1/2 Lot 48 1024281017: Conrad Jr., Ronald: S 1/2 Lot 77
East Dubuque Add: 1466 Jackson St: East Dubuque Add: 1503 Washington St:
$90,616.49: $1,849.74 $51,757.50: $1,695.50
1024426007: Mk Properties LLC: N 1/2 Lot 49 1024281010: Jackson Square Estates LC: Lot 1-
East Dubuque Add: 1458 Jackson St: N 1/2 of 80 East Dubuque Add: 1575 Wash-
$30,867.50: $867.50 ington St: $37,075.54: $645.54
1024426008: McStac Properties LLC: S 1/2 Lot 1 024281 01 1: Nottingham Properties LLC: S 1/2
49 East Dubuque Add: 1448 Jackson St: of Lot 80 East Dubuque Add: 1571 Washing-
$39,547.50: $867.50 ton St: $63,627.50: $1,850.75
1024426009: McStac Properties LLC: N 1/2 Lot 1024281002: Gearheart, Larry E & Cripe, Mary
50 East Dubuque Add: Jackson St: $7,237.50: Jo: Lot 43 & 2-42 East Dubuque Add 1580-
$867.50 1584 Jackson: 1580 Jackson St: $96,158.03:
1024426010: Lanser, Jenna M: S 1/2 Lot 50 $2,638.53
East Dubuque Add: 1430 Jackson St: 1024281003: Hoppmann, Donald F: East Dubu-
$69,407.50: $867.50 que Add N 1/2 Lot 44: 1552 Jackson St:
1024426012: Fagan, Kevin B& Pamela D: E 1/2 $50,467.50: $867.50
Lot 51 East Dubuque Add 235-237 E 14t° St: 1024281004: Hoppmann, Mark F: S 1/2 Lot 44
235 E 14t°St: $71,925.01: $1,735.01 East Dubuque Add: 1550 Jackson St:
1024426013: Richard Properties LLC: Lot 1-72 $48,997.50: $867.50
East Dubuque Add 253-259 E 14t° St: 253 E 1024281005: Nadermann, Lindsy Jordan
14t°St: $73,177.06: $1,577.06 Nichole: N 1/2 Lot 45 East Dubuque Add: 1532
1024426014: Koch, Thomas M & Coffman, Jackson St: $61,567.50: $2,006.00
Patricia: W 40' Lot 76 East Dubuque Add: 258 1024281006: Rossignol, Richard & Zull, Heidi:
E 15t° St: $60,491.59: $1,531.59 East Dubuque Add S 1/2 - 45: 1530 Jackson
Book 147 Regularl Session, January 17, 2017 25
St: $77,737.50: $867.50 1024429003: Dubuque Bank & Trust Company:
1024281007: Hackert, Brandy J: East Dubuque City Lot N 1/2 NM 1/5 Lot 482: 1376 White St:
Add Lot 46: 1504 Jackson St: $90,215.01: $42,825.05: $885.05
$1,735.01 1024429004: Dubuque Bank & Trust Company
1024281008: Jackson Square Estates LLC: Lot of Dubuque IA: City Lot S 1/2 Nm 1/5 Lot 482:
1 & 2 of the Sub 1-81 East Dubuque Add 1368 White St: $15,871.05: $885.05
1597-1599 Washington: 1597 Washington St: 1024429005: Dubuque Bank & Trust Company:
$66,938.64: $1,348.64 City Lot M 1/5 482: 1364 White St: $30,487.11:
1024281009: Jackson Square Estates LC: Lot 2 $1,770.11
of N 1/2 of 80 &2-81 East Dubuque Add: 1577 1024429006: Brannon Property Investments
Washington St: $36,657.45: $617.45 LLC: City Lot S. 2/5 Lot 482 1310-1334 White
ALLEY BETWEEN WHITE ST.AND JACKSON St: 1310 White St: $282,935.21: $3,540.21
ST. FROM E. 13�^ ST. TO E. 14�^ ST. TO E. 1024429007: Walz, Edward F & Susan M: City
15�^STREET Lot N 1/5 Lot 495: 1385 Jackson St:
Parcel Number; Property Owner Name; Lot $144,647.11: $1,770.11
Description; Street Address; Valuation with 1024429008: Walz, Edward F: City Lot N M 1/5
Improvement; Total Net Assessment of Lot 495: 1365 Jackson St: $135,063.11:
1024409008; Mid-America Property Manage- $1,770.11
ment LLC; Lot 1 - N 1/2 - NM 1/5 of City Lot 1024429009: Schonhoff, Mark A & Zandra L:
494; 1479 Jackson St; $50,208.32; $688.32 City Lot M 1/5 of Lot 495: 1349 Jackson St:
1024409009; Community Housing Initiatives Inc; $82,155.01: $2,666.51
S 1/2 - NM 1/5 of City Lot 494; 1465 Jackson 1024429010: Reichel, Terry W & Tammy J: N
St; $56,657.50; $867.50 22.7' S M 1/5 City Lot 495: 1331 Jackson St:
1024409010; Community Housing Initiatives Inc; $46,149.23: $769.23
N 1/2 M 1/5 of City Lot 494; 1461 Jackson St; 1024429011: Reichel, Terry W & Tammy Jo: S
$29,967.50; $867.50 28.5' - Sm 1/5 of City Lot 495: 1329 Jackson
1024409011; Volz, Scott; S 1/2 - M 1/5 of City St: $50,085.78: $965.78
Lot 494; 1449 Jackson St; $40,717.50; 1024429012: Brannon Property Investments
$867.50 LLC: Sub S. 1/5 City Lot 495 Lot 2: 125 E 13�n
1024409012; Lindauer, Michael J & Donna M; N St: $6,194.65: $1,277.65
1/2 - SM 1/5 of City Lot 494; 1437 Jackson St;
$63,127.50; $867.50 12. Acceptance of Elm Street Reconstruc-
1024409015; Teamsters Local 120 Building tion Project - 9t° to 12�° Streets: City Manager
Holding Company; S 1/5 of City Lot 494 & S recommending acceptance of the construction
1/2 - SM 1/5 of City Lot 494; 195 E 14t° St; contract for the Elm Street Reconstruction
$247,755.16; $2,655.16 Project (9t° to 12�° Streets), as completed by
1024409001; High Performance LLC; N 1/5 of Horsfield Construction. Upon motion the doc-
City Lot 483; 1496 White St; $117,200.11; uments were received and filed and Resolution
$1,770.11 No. 24-17 Accepting the Elm Street Recon-
1024409002; Wirth, James D; NM 1/5 of City Lot struction Project (9t° to 12�°) and authorizing
483; 1472 White St; $78,795.01; $1,735.01 the payment of the contract amount to the con-
1024409003; Queck Capital Management LLC; tractor was adopted.
M 1/5 of City Lot 483; 1458 White St;
$72,635.01; $1,735.01 RESOLUTION NO. 24-17
1024409004; Benjamin M. Bender; N 40' - S 2/5 ACCEPTING THE ELM STREET RECON-
of City Lot 483; 1438 White St; $73,895.47; STRUCTION PROJECT (9�^ to 12�^) AND
$1,355.47 AUTHORIZING THE PAYMENT OF THE
1024409005; Alliant Credit Union; S 62.4' - S 2/5 CONTRACT AMOUNT TO THE CONTRAC-
of City Lot 483; 1402 White St; $105,357.32; TOR
$2,157.32 Whereas, the Public Improvement Contract
1024409006: Mid-America Property Manage- for the Elm Street Reconstruction Project (g�n
ment LLC: N 35' of N 1/5 of City Lot 494: 1497 to 12t°) (the Project) has been completed and
Jackson St: $66,365.01: $1,735.01 the City Engineer has examined the work and
1024409007: Mid-America Property Manage- filed a certificate stating that the Project has
ment LLC: S 162'-N 1/5& Lot 2 -N 1/2-Nm 1/5 been completed according to the terms of the
Both of City Lot 494: 1481 Jackson St: Public Improvement Contract and that the City
$48,348.15: $728.15 Engineer recommends that the Project be ac-
1024429001: Dubuque Bank & Trust Company: cepted.
City Lot N. 24.9' N. 1/5 Lot 482: 1398 White St: NOW THEREFORE, BE IT RESOLVED
$85,050.85: $860.85 BY THE CITY COUNCIL OF THE CITY OF
1024429002: Dubuque Bank & Trust Company: DUBUQUE, IOWA:
City Lot S 26.3' N 1/5 of Lot 482: 1390 White Section 1. The recommendation of the City
St: $60,569.25: $909.25 Engineer is approved and the Projed is hereby
Book 147 Regular Session,January 17, 2017 26
accepted. Bee Branch Watershed Flood Mitigation Pro-
Section 2. The Finance Director is hereby ject. Upon motion the documents were re-
directed to pay to the Contractor from the Elm ceived and filed and Resolution No. 25-17
Street Complete Streets program appropria- Approving the contract for 2016 CDBG Na-
tions for the contract amount of $752,587.73 tional Disaster Resiliency Infrastructure Grant
less any retained percentage provided for Administration to East Central Intergovern-
therein as provided in lowa Code chapter 573, mental Association was adopted.
and to pay such retainage only in accordance
with the provisions of lowa Code chapter 573. RESOLUTION NO. 25-17
Passed, approved and adopted this 17t° APPROVING THE CONTRACT FOR 2016
day of January, 2017. CDBG NATIONAL DISASTER RESILIENCY
Kevin, J. Lynch, Mayor Pro-Tem INFRASTRUCTURE GRANT ADMINISTRA-
Attest: Kevin S. Firnstahl, City Clerk TION TO EAST CENTRAL INTERGOVERN-
MENTAL ASSOCIATION
CITY ENGINEER'S CERTIFICATE OF FINAL Whereas, the City of Dubuque, lowa is par-
COMPLETION OF THE ELM STREET RE- ty to the Agreement creating the East Central
CONSTRUCTION PROJECT(9�^to 12�^) Intergovernmental Association (hereinafter
The undersigned City Engineer of the City called the ECIA) and is a member in good
of Dubuque, lowa, hereby certifies that he has standing; and
inspected the Elm Street Reconstruction Pro- Whereas, the City of Dubuque, lowa wish-
jed (9th to 12th), that the Project has been es to engage the ECIA to provide certain tech-
performed in compliance with the terms of the nical and professional services for grant ad-
Public Improvement Contract, and that the ministration of the City of Dubuque's 2016
total cost of the completed work is lowa Economic Development Authority Com-
$797,762.71. munity Development Block Grant National
Dated this 9t° day of January, 2017. Disaster Resiliency Grant(Contrad#13-NDRI-
/s/Gus Psihoyos, City Engineer 011); and
Filed in the office of the City Clerk on the Whereas, Articles II, III (12), and VIII (2)
g�n day of January 2017. and (3) of the Articles of Agreement of the
/s/Kevin Firnstahl, City Clerk East Central Intergovernmental Association
gives the ECIA the authority to perform ser-
13. Approval to Construct a Surface Park- vices under consideration; and
ing Lot - 1100 Jackson Street: City Manager Whereas, it is in the best interest of the
recommending approval for Dubuque Jackson City to enter into a contract with ECIA for pro-
Real Estate, LLC to construct a surface park- fessional services.
ing lot at 1100 Jackson Street in the Historic NOW THEREFORE, BE IT RESOLVED
Millwnrk District Planned Unit Development BY THE CITY COUNCIL OF THE CITY OF
that will be associated with Marriot Towne DUBUQUE, IOWA, THAT:
Place Suites. Upon motion the documents The Mayor is hereby authorized to execute
were received, filed and approved. the Contract and such other documents as are
necessary to bind the City and East Central
14. Great Lakes Career Ready Internship Intergovernmental Association as prescribed in
Request: City Manager recommending ap- the attached Contract for Services and Scope
proval to utilize the Great Lakes Career Ready of Services.
Intemship Grant Program to employ a tempo- Passed, approved and adopted this 17�n
rary part-time intern in the Human Rights De- day of January, 2017.
partment in spring 2017 to be dedicated to Kevin J. Lynch, Mayor Pro-Tem
working with the My Brother's Keeper Network. Attest: Kevin S. Firnstahl, City Clerk
Upon motion the documents were received,
filed and approved. 16. Department of Natural Resources
(DNR) Compliance Date Extension Request:
15. Bee Branch Watershed Flood Mitiga- Correspondence from the DNR approving the
tion Project, HUD National Disaster Resilience City's request for extending the compliance
Competition Grant, Infrastructure, Contract deadline date associated with Central lowa
Award for General Administrative Services: Water Association to December 31, 2017. Up-
City Manager recommending approval of the on motion the document was received and
execution of a contract with East Central Inter- filed.
governmental Association (ECIA) to provide
general grant administration services related to 17. Dubuque Metropolitan Area Solid
the City's use of Community Development Waste Agency (DMASWA): Correspondence
Block Grant Program Disaster Recovery — from the DMASWA notifying the City of the
National Disaster Resiliency funds for infra- Agency's Fiscal Year 2018 budget and fee
structure improvements associated with the schedule approved by the Agency's Board of
Book 147 Regularl Session, January 17, 2017 27
Directors on December 21, 2016. Upon motion 19. Improvement Contracts/ Performance,
the document was received and filed. Payment and Maintenance Bonds: Top Grade
Excavating, lnc., forthe South Grandview Av-
18. Municipal Parking Ramp/Lot Hourly enue Storm Sewer Project. Upon motion the
Rate Adjustment: City Manager recommending document was received, filed and approved.
adjusting the rates in the parking ramps to
accommodate the newly purchased gate 20. Alcohol License Applications: City
equipment. Motion by Del Toro to receive and Manager recommending approval of annual
file the documents and adopt Resolution No. beer, liquor and wine licenses as submitted.
26-17 Authorizing the City Manager to adjust Upon motion the documents were received
the fees and charges for the parking of motor and filed and Resolution No. 27-17 Approving
vehicles in the municipal parking ramps. Se- applications for beer, liquor, and/or wine per-
conded by Connors. Responding to questions mits, as required by City of Dubuque Code of
from the City Council, Parking System Super- Ordinances Title 4 Business and License Reg-
visor Tim Horsfield explained the reason for ulations, Chapter 2 Liquor Control, Article B
the new rates, stated that the adjustment does Liquor, Beer and Wine Licenses and Permits
not affect monthly parking rates and that new was adopted.
parking industry equipment is moving toward
only accepting credit card and currency pay- RESOLUTION NO. 27-17
ment and away from the use of coins. Mr. AppROVING APPLICATIONS FOR BEER,
Horsfield added that about 40 percent of cus- LIQUOR, AND/OR WINE PERMITS, AS RE-
tomers pay by credit card and that the City QUIRED BY CITY OF DUBUQUE CODE OF
pays all credit card transaction fees, which ORDINANCES TITLE 4 BUSINESS AND LI-
totals about $20,000 per year. Motion carried CENSE REGULATIONS, CHAPTER 2 LIQ-
6-0. UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
RESOLUTION NO. 26-17 Whereas, applications for Beer, Liquor,
AUTHORIZING THE CITY MANAGER TO and or Wine Permits have been submitted and
ADJUST THE FEES AND CHARGES FOR filed with the City Council for approval and the
THE PARKING OF MOTOR VEHICLES IN same have been examined and approved; and
THE MUNICIPAL PARKING RAMP Whereas, the premises to be occupied by
Whereas, the City Code of Ordinances such applicants were inspected and found to
Section 9-14-321.640 authorizes the city man- comply with the Ordinances of the City and the
ager, with the approval of the city council, to fix applicants have filed the proper fees and
and establish the fees and charges for the bonds and otherwise complied with the re-
parking of motor vehicles in municipal parking quirements of the Code of Ordinances.
ramps; and NOW, THEREFORE, BE IT RESOLVED
Whereas, the parking division and city BY THE CITY COUNCIL OF THE CITY OF
manager are recommending an adjustment to DUBUQUE, IOWA:
the fees and charges for parking motor vehi- Section 1. The City Clerk is hereby author-
cles in municipal parking ramps; and ized and directed to cause to be issued the
Whereas, the adjustment of fees and noted permit types to the following applicants
charges by the city manager requires city pending submission of the locally required
council approval. documentation:
NOW, THEREFORE, BE IT RESOLVED Renewals
BY THE CITY COUNCIL OF THE CITY OF Awn Stop Mart, 1998 Jackson St., Class C
DUBUQUE, IOWA: Beer(Sunday)
Section 1. The City Council hereby author- gaymont Inn & Suites, 4025 McDonald Dr.,
izes and directs the City Manager to adjust the Class B Liquor(Outdoor) (Sunday)
fees and charges for parking in municipal park- Best Western Plus/Champps Americana, 3100
ing ramps. Dodge St., Class B Liquor, Class B Wine
Sedion 2. The hourly fees for all parking (Catering) (Outdoor) (Sunday)
ramps and hourly gate controlled parking lots Breezer's Pub Company, 600 Central Ave.,
shall be established at $1.00 per hour with a Class C Liquor
$10.00 per day maximum fee established. Casey's General Store #3473, 1072 Cedar
Passed, approved and adopted this 17t° Cross Rd, Class E Liquor, Class B Native
day of January, 2017 Wine, Class C Beer(Sunday)
Kevin J. Lynch, Mayor Pro-Tem Cuemaster Billiards, 900 Central Ave., Class C
Attest: Kevin S. Firnstahl, City Clerk Liquor(Outdoor) (Sunday)
EI Paisano Grocery Store, 1543 Central Ave.,
Class C Beer (Sunday)
Book 147 Regular Session,January 17, 2017 28
Hartig Drug Company #4, 2225 Central Ave, be known as Lot 1 C of Block 19 of River Front
Class E Liquor, Class B Wine, Class C Beer Subdivision No. 3, in the City of Dubuque, lo-
(Sunday) wa. Seconded by Connors. Motion carried 6-0.
Hy-Vee Clubroom, 400 S. Locust St., Special
Class C Liquor(Sunday) RESOLUTION NO. 28-17
Mario's Italian Restaurant, 1298 Main St., DISPOSING OF CITY INTEREST IN LOT 1C
Class C Liquor OF BLOCK 19 OF RIVER FRONT SUBDIVI-
Pizza Hut #4690, 2075 J.F. Kennedy Rd., SION NO. 3, IN THE CITY OF DUBUQUE,
Class B Beer(Sunday) IOWA
The Richard House B&B, 1492 Locust St., Whereas, pursuant to resolution and pub-
Class B Native Wine (Living Qtrs.) (Sunday) lished notice of time and place of hearing, pub-
New lished in the Telegraph Herald, a newspaper of
Convivium Urban Farmstead, 2811 Jackson general circulation published in the City of
St., Class C Liquor (Outdoor) (Sunday) Dubuque, lowa on this 6t° day of January,
AMC Theatres Dubuque 14, 2835 NW Arterial, 2017, the City Council of the City of Dubuque,
Class C Liquor(Sunday) lowa met on the 17�° day of January, 2017, at
Backpocket Brewing Taproom, 333 E. 10th St., 6:00 p.m. in the Historic Federal Building
Class C Liquor(Catering) (Sunday) Council Chambers (second floor), 350 West 6�n
Passed, approved and adopted this 17t° Street, Dubuque, Dubuque County, lowa to
day of January, 2017. consider the proposal for the sale of real es-
Kevin J. Lynch, Mayor Pro Tem tate described as:
Attest: Kevin S. Firnstahl, City Clerk Lot 1C of Block 19 of River Front Sub-
division No. 3, in the City of Dubuque,
BOARDS/COMMISSIONS lowa; and
Whereas, the City Council of the City of
The City Council reviewed applications to Dubuque, lowa overruled any and all objec-
the following Boards/Commissions. Applicants tions, oral or written to the proposal to sell
were invited to address the City Council re- such real estate.
garding their desire to serve on the following NOW THEREFORE, BE IT RESOLVED
Boards/Commissions. BY THE CITY COUNCIL OF THE CITY OF
1. Community Development Advisory DUBUQUE, IOWA:
Commission: One, 3-year term through Febru- Section 1. That the sale of City of Dubuque
ary 15, 2020 (6cpiring term of Blok). Applicant: real property described as Lot 1C of Block 19
Robert W. Blok, 2447 University Ave. of River Front Subdivision No. 3, in the City of
2. Sister City Relationship Advisory Com- Dubuque, lowa, to Giese Company LLP be
mission: Four, 3-year terms through February and the same is hereby approved, subject to
1, 2020 (Expiring terms of Castaneda, Felder- the conditions of an Agreement between the
man, Landis and Ward). Applicants: Sheila City and Giese Company LLP. Conveyance
Castaneda, 1014 Dunham Dr.; Robert Felder- shall be by Quit Claim Deed.
man, 241 Southgate Dr.; Dick Landis, 2390 Section 2. That the Mayor be authorized
Clarke Crest Dr.; Annalee Ward, 2758 Tiffany and directed to execute a Quit Claim Deed,
Ct. Ms. Ward and Mr. Landis spoke in support and the City Clerk be and is hereby authorized
of the Commission and their respective ap- and directed to deliver said deed of convey-
pointments. ance to Giese Company LLP.
Sedion 3. That the City Clerk be and is
PUBLIC HEARINGS hereby authorized and direded to record a
certified copy of this resolution in the offices of
1. Vacate Petition for a Portion of Kerper the City Assessor, Dubuque County Recorder
Blvd. Right-of-Way: Proof of publication on and Dubuque County Auditor.
notice of public hearing to approve the vaca- Passed, approved and adopted this 17�n
tion of a portion of Kerper Boulevard right-of- day of January, 2017.
way north of the intersection of Fengler Street Kevin J. Lynch, Mayor Pro-Tem
and Kerper Boulevard adjacent to Lot 1 of Attest: Kevin S. Firnstahl, City Clerk
Block 19 of River Front Subdivision No. 3
owned by Giese Company, and the City Man- RESOLUTION NO. 29-17
ager recommending approval. Motion by VACATING A PORTION OF KERPER
Jones to receive and file the documents and BOULEVARD ADJACENT TO LOT 1 OF
adopt Resolution No. 28-17 Disposing of City BLOCK 19 OF RIVER FRONT SUBDIVISION
Interest in Lot 1C of Block 19 of River Front NO. 3, TO BE KNOWN AS LOT 1C OF
Subdivision No. 3, in the City of Dubuque, lo- BLOCK 19 OF RIVER FRONT SUBDIVISION
wa; and Resolution No. 29-17 Vacating a por- NO. 3, IN THE CITY OF DUBUQUE, IOWA
tion of Kerper Boulevard Adjacent to Lot 1 Whereas, Giese Company LLP has re-
Block 19 of River Front Subdivision No. 3, to quested the vacating of a portion of Kerper
Book 147 Regularl Session, January 17, 2017 29
Boulevard adjacent to Lot 1 of Block 19 of Riv- sifying hereinafter described property, in con-
er Front Subdivision No. 3 in the City of Dubu- junction with annexation, located at 13828 Old
que, Dubuque County, lowa; and Highway Road from County R-2 Single-Family
Whereas, there has been presented to the Residential District to City C-3 General Com-
City Council of the City of Dubuque, lowa, a mercial District. Seconded by Jones. Motion
plat dated December 16, 2016 prepared by the carried 6-0.
City of Dubuque Engineering Department,
describing the proposed vacated street right of OFFICIAL PUBLICATION
way, in the City of Dubuque, lowa; and ORDINANCE NO. 2-17
Whereas, pursuant to resolution and pub- AN ORDINANCE AMENDING TITLE 16 OF
lished notice of time and place of hearing, pub- THE CITY OF DUBUQUE CODE OF ORDI-
lished in the Telegraph Herald, a newspaper of NANCES, UNIFIED DEVELOPMENT CODE,
general circulation published in the City of BY RECLASSIFYING HEREINAFTER DE-
Dubuque, lowa on this 6t° day of January, SCRIBED PROPERTY, IN CONJUNCTION
2017, the City Council of the City of Dubuque, WITH ANNEXATION, LOCATED AT 13828
lowa met on the 17t° day of January, 2017, at OLD HIGHWAY ROAD FROM COUNTY R-2
6:00 p.m. in the Historic Federal Building SINGLE-FAMILY RESIDENTIAL DISTRICT
Council Chambers (second floor), 350 West 6t° TO CITY C-3 GENERAL COMMERCIAL DIS-
Street, Dubuque, Dubuque County, lowa to TRICT
considertherequesttovacate; and NOW, THEREFORE, BE IT ORDAINED
Whereas, the City Council of the City of BY THE CITY COUNCIL OF THE CITY OF
Dubuque, lowa overruled any and all objec- DUBUQUE, IOWA:
tions, oral or written to the request to vacate; Section 1. That Title 16 of the City of
and Dubuque Code of Ordinances, the Unified
Whereas, the City Council of the City of Development Code, is hereby amended by
Dubuque, lowa, has determined that the pro- reclassifying the hereinafter described proper-
posed vacated portion of the Kerper Boulevard ty, in conjunction with annexation, from County
Right of Way to be known as Lot 1C of Block R-2 Single-Family Residential District to City
19 of River Front Subdivision No. 3, should be C-3 General Commercial District, to wit:
approved. Part of Lot 3 of Siegert's 2od Place, City
NOW THEREFORE, BE IT RESOLVED of Dubuque and Dubuque County, lowa
BY THE CITY COUNCIL OF THE CITY OF more particularly shown on Exhibit A on
DUBUQUE, IOWA: file in the Office of the City Clerk.
Section 1. That the real estate described Section 2. That the foregoing amendment
as Lot 1C of Block 19 of River Front Subdivi- has heretofore been reviewed by the Zoning
sion No. 3 in the City of Dubuque, Dubuque Advisory Commission of the City of Dubuque,
County, lowa, be and the same is hereby va- lowa.
cated. Sedion 3. This Ordinance shall take effect
Passed, approved and adopted this 17t° immediately upon publication as provided by
day of January, 2017. law.
Kevin J. Lynch, Mayor Pro-Tem Passed, approved and adopted this 17�n
Attest: Kevin S. Firnstahl, City Clerk day of January, 2017.
/s/Kevin J. Lynch, Mayor Pro-Tem
2. Request to Rezone - 13828 Old High- Attest: /s/Kevin S. Firnstahl, City Clerk
way Road: Proof of publication on notice of Published officially in the Telegraph Herald
public hearing to consider approval of a re- newspaper on the 20t°day of January, 2017.
quest by William A. & Janet L. Siegert to re- /s/Kevin S. Firnstahl, City Clerk
zone property located at 13828 Old Highway
Road from Dubuque County R-2 Single-Family 3. Voluntary Annexation - William and Ja-
Residential to City of Dubuque C3 General net Siegert- Old Highway Road: Proof of pub-
Commercial District, concurrent with annexa- lication on notice of public hearing to approve
tion to the City of Dubuque. Motion by Connors a voluntary annexation request from William
to receive and file the documents and that the and Janet Siegert for five acres of property
requirement that a proposed ordinance be they own located between Old Highway Road
considered and voted on for passage at two and U.S. Highway 20/Dodge Street, submitted
Council meetings prior to the meeting at which concurrently with an application to rezone the
it is to be passed be suspended. Seconded by property and the City Manager recommending
Rios. Planning Services Manager Laura Car- approval. Motion by Connors to receive and
stens provided a staff report. Motion carried 6-0. file the documents and adopt
Motion by Connors for final consideration
and passage of Ordinance No. 2-17 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by reclas-
Book 147 Regular Session,January 17, 2017 30
Resolution No. 30-17 Approving an application complied with the notice and hearing require-
for voluntary annexation of territory to the City ments of the lowa Code pertaining to 100%
of Dubuque, lowa. Seconded by Del Toro. voluntary annexation of territory within the ur-
Motion carried 6-0. banized area of another city.
Section 4. That if the City Development
RESOLUTION NO. 30-17 Board approves this annexation, the territory
APPROVING AN APPLICATION FOR VOL- hereby annexed shall become a part of Ward
UNTARY ANNEXATION OF TERRITORY TO One of the City of Dubuque.
THE CITY OF DUBUQUE, IOWA Sedion 5. That the City Clerk shall file this
Whereas, the City Council of Dubuque has resolution, all exhibits and the applications for
received a written application from the William voluntary annexation with the City Develop-
and Janet Siegert, property owners, for the ment Board of the State of lowa in accordance
voluntary annexation of property located be- with the provisions of Chapter 368 of the lowa
tween Old Highway Road and US Highway Code.
20/Dodge Street and consisting Part of Lot 3 of Passed, approved and adopted this 17�n
SiegerYs 2nd Place, City of Dubuque and day of January, 2017.
Dubuque County, lowa, containing 5.00 acres, Kevin J. Lynch, Mayor Pro-Tem
which includes 0.48 acres of public road right Attest: Kevin S. Firnstahl, City Clerk
of way, as shown on 6chibit A and more par-
ticularly described on 6chibit B; and 4. Request to Rezone - Cedar Ridge Farm
Whereas, the annexation territory is not Place#9 (Tri-State Independent Blind Society,
subject to an existing annexation moratorium Inc.): Proof of publication on notice of public
agreement and does not include any State or hearing to consider approval of a request by
railroad property; and Tri-State Independent Blind Society, Inc. to
Whereas, the annexation territory does in- rezone property located at Lot 1, Cedar Ridge
clude Dubuque County right-of-way; and Farm Place #9, from LI Light Industrial to C-3
Whereas, Chapter 368 of the Code of lowa General Commercial District to accommodate
authorizes this annexation by adoption of a a new Tri-State Independent Blind Society
resolution and required notification; and facility. Motion by Jones to receive and file the
Whereas, the annexation territory is con- documents and that the requirement that a
sistent with the City's Comprehensive Plan; proposed ordinance be considered and voted
and on for passage at two Council meetings prior
Whereas, the future growth and develop- to the meeting at which it is to be passed be
ment of the City of Dubuque, lowa makes it suspended. Seconded by Connors. Planning
desirable that the annexation territory be made Services Manager Laura Carstens provided a
part of the City of Dubuque, lowa; and staff report. TSIBS Secretary(freasurer Pam
Whereas, the City of Dubuque has the ca- Gagne and 6cecutive Diredor pon Gagne
pacity to provide substantial municipal services spoke in support of the rezoning. Motion car-
to the annexation territory; and ried 6-0.
Whereas, the annexation is in the public in- Motion by Jones for final consideration and
terest. passage of Ordinance No. 3-17 Amending
NOW THEREFORE, BE IT RESOLVED Title 16 of the City of Dubuque Code of Ordi-
BY THE CITY COUNCIL OF THE CITY OF nances, Unified Development Code, by reclas-
DUBUQUE, IOWA: sifying hereinafter described property located
Section 1. That the application for the vol- along Cedar Cross Road from LI Light Indus-
untary annexation of property owned by Wil- trial District to C3 General Commercial Dis-
liam and Janet Siegert located between Old trict. Seconded by Connors. Motion carried 6-
Highway Road and US Highway 20/Dodge 0.
Street and consisting Part of Lot 3 of Siegert's
2od Place, City of Dubuque and Dubuque 5. Sale of 1069 Vernon Street: Proof of
County, lowa, containing 5.00 acres, which publication on notice of public hearing to con-
includes 0.48 acres of public road right of way, sider approval of the sale of City-owned prop-
as shown on Exhibit A and more particularly erty at 1069 Vernon Street to Craig Norton.
described on 6chibit B is hereby approved for Motion by Connors to receive and file the doc-
annexation to the City of Dubuque. uments and adopt Resolution No. 31-17 Dis-
Sedion 2. That, subjed to the approval of posing of City interest in real property located
the City Development Board, the corporate at 1069 Vernon Street in the City of Dubuque,
limits of the City of Dubuque be and they lowa. Seconded by Jones. Motion carried 6-0.
hereby are extended to include the approxi-
mately 5.00 acres of annexation territory as
shown on Exhibit A and Exhibit B.
Sedion 3. That the City Council does
hereby certify that the City of Dubuque has
Book 147 Regularl Session, January 17, 2017 31
RESOLUTION NO. 31-17 Thomas Priebe, 14928 Old Highway Rd.,
DISPOSING OF CITY INTEREST IN REAL spoke about his concerns related to what he
PROPERTY LOCATED AT 1069 VERNON believes are unhealthy wnrking conditions at
STREET, IN THE CITY OF DUBUQUE, IOWA Flora Park, and that he thinks caused his
Whereas, the City Council, by Resolution health issues during the time he was a sea-
No. 14-17, dated the 3rd day of January, 2017, sonal employee.
declared its intent to dispose of City interest in MatthewZanger, 261 Southgate Dr., spoke
real property located at 1069 Vernon Street, about information he gathered regarding
legally described as: apartments advertised for rent, whether or not
Lot 38 in Leven's Addition in the City of Housing Choice Vouchers are accepted and
Dubuque, lowa, according to the recorded statements made to him about not participating
Plat of said Addition (the Property); and in the HCV program from those he spoke to.
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis- ACTION ITEMS
position on the 17�° day of January, 2017 at
6:30 p.m. in the Historic Federal Building, 350 1. Request for Work Session - Quarterly
W. 6t° Street, Dubuque, lowa; and Inclusive Dubuque Work Session: City Man-
Whereas, it is the determination of the City ager requesting that the City Council schedule
Council that approval of the Real Estate Con- the quarterly Inclusive Dubuque work session
tract and subsequent Special Warranty Deed for April 24, 2017 at 6:00 p.m. Motion by Jones
for the sale to Craig D. Norton according to the to receive and file the documents and set the
terms and conditions set out in the Real Estate work session as recommended. Seconded by
Contract is in the public interest of the City of Connors. Motion carried 6-0.
Dubuque.
NOW, THEREFORE, BE IT RESOLVED COUNCIL MEMBER REPORTS
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA; Council Member Jones reported on the re-
Section 1. The Real Estate Contract by cent Leadership Dubuque session and com-
and between the City of Dubuque and Craig D. mended the Chamber of Commerce for con-
Norton for the sale of the Property, a copy tinuing to provide the program.
attached hereto, is hereby approved. Council Member Connors reported on a
Section 2. The Mayor and City Clerk are recent presentation she made to a Cub Scout
hereby authorized and directed to execute the troop about elected officials and the opportuni-
Real Estate Contract conveying an interest in ty to engage potential future civic leaders.
the Property to Craig D. Norton.
Section 3. That the City Clerk is hereby au- Council Member Resnick reported on a re-
thorized and directed to cause said Real Es- cent meeting he had with Antonina Erba re-
tate Contract to be delivered to the City Attor- garding starting a conversation about banning
ney's Office, together with a certified copy of gay conversion therapy and that he had re-
the Resolution. ferred Mr. Erba to the Human Rights Depart-
Section 4. Upon successful completion of inent.
the terms and conditions outlined in the Real There being no further business, upon mo-
Estate Contract the Mayor and City Clerk are tion the City Council adjourned at 6:36 p.m.
hereby authorized and directed to execute a
Special Warranty Deed conveying the City's /s/Kevin S. Firnstahl, CMC, City Clerk
interest in the Property to Craig D. Norton.
Sedion 5. That the City Clerk is hereby au-
thorized and direded 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 17�n
day of January, 2017.
Kevin J. Lynch, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Paul Uzel, 61 N. Algona St., spoke in sup-
port of a source of income ordinance citing his
faith-based support of and work with the
homeless.
Book 147 Special Session,January 30, 2017 32
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS Presenters answered questions from the
City Council.
SPECIAL SESSION
OFFICIAL There being no further business, upon mo-
tion the City Council adjourned at 7:03 p.m.
The Dubuque City Council met in special
session at 6:00 p.m. on January 30, 2017 in �s/Trish L. Gleason, CMC, Assistant City Clerk
the Historic Federal Building, 350 W. 6�n
Street.
Present: Mayor Buol; Council Members
Connors, Del Toro, Jones, Lynch, Resnick,
Rios; 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 conduding a wnrk session on
Sustainable Dubuque.
Sustainable Dubuque
Quarterly Report Work Session
Sustainable Dubuque Coordinator Cori
Burbach, Sustainable Dubuque Community
Grant Recipient Allison Mitchell, Human Rights
Director Kelly Larson, Arts and Cultural Affairs
Coordinator Debra Alleyne, Dubuque Commu-
nity School District Diredor of Student Ser-
vices Shirley Horstman conducted the work
session. The three main topics included:
Food Oasis
• Why the need
• Projed details
• Residents use at Comiskey Park and
Sutton Pool.
• Qualitative data
Integrating Equity into City Grant Programs
• Technical assistance
• Foundations
• Team building
• Peer learning
• Equity tools
• Innovation—Use expanded methods
in marketing and recruitment
• Inclusion—Increased awareness
• Collaboration—Utilize the people
around you
• Celebration—Promote understanding
and tolerance
• Rating criteria
Re-engage Dubuque
• Forging partnerships
• Focusing on opportunities for youth
aged 16-21
• Collaborative program planningDrop
out numbers and graduation rates
• Student success data
Book 147 Special and Regular Sessions, February 6, 2017 33
CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS CITY COUNCIL PROCEEDINGS
SPECIAL SESSION REGULAR SESSION
OFFICIAL OFFICIAL
The Dubuque City Council met in special The Dubuque City Council met in regular
session at 5:30 p.m. on February 6, 2017 in session at 6:00 p.m. on February 6, 2017 in
the Historic Federal Building, 350 W. 6t° the Historic Federal Building, 350 W. 6th
Street. Street.
Present: Mayor Buol; Council Members Present: Mayor Buol; Council Members
Connors, Jones, Lynch, Resnick; City Manag- Connors, Del Toro, Jones, Lynch, Resnick,
er Van Milligen, City Attorney Brumwell Rios; City Manager Van Milligen, City Attorney
Brumwell
Absent: Council Members Del Toro, Rios
Mayor Buol read the call and stated this is
Mayor Buol read the call and stated this is a a regular session of the City Council called for
special session of the City Council called for the purpose of conducting such business that
the purpose of conducting a wnrk session for may properly come before the City Council.
the Dubuque Convention and Visitors Bureau
PLEDGE OF ALLEGIANCE
WORK SESSION
Dubuque Convention and Visitors Bureau CONSENT ITEMS
Keith Rahe, President and CEO of the Motion by Lynch to receive and file the
Dubuque Area Convention and Visitors Bureau documents, adopt the resolutions, and dispose
introduced staff and provided a slide presenta- of as indicated. Seconded by Resnick. Motion
tion on the activities and budget of the CVB. carried 7-0.
Topics included:
1. Minutes and Reports Submitted: Cable
• The Power of Tourism TV Commission of 1/4; Civil Service of 1/23;
• Highlights of Fiscal Year 2017 Investment Oversight Advisory Commission of
• Partnerships/Markets 1/25; Library Board of Trustees Update, Plan
• The Economic Impact of Travel of Service; Zoning Board of Adjustments of
• Upcoming in Fiscal Year 2018 1/26; Proof of Publication for City Council Pro-
• Meetings, Groups and Events ceedings of 1/3. Upon motion the documents
• Staff and positions were received and filed.
• Fiscal Year 2018 Financial Expec- 2. Notice of Claims and Suits: Sharon
tations Pfeiler for personal injury; Richard White for
There being no further business, upon mo- vehicle damage. Upon motion the documents
tion the City Council adjourned at 5:46 p.m. Were received, filed and referred to the City
Attorney.
/s/Trish L. Gleason, CMC, Assistant City Clerk 3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of lowa,
the agent for the lowa Communities Assurance
Pool: Richard White for vehicle damage; Sha-
ron Pfeiler for personal injury. Upon motion the
documents were received, filed and concurred.
4. Rhomberg Avenue Bridge Article: City
Manager transmitting Rhomberg Avenue
Bridge article from ASPIRE T"' The Concrete
Bridge Magazine. Upon motion the documents
were received, filed and made a Matter of
Record.
Book 147 Regular Session, February 6, 2017 34
5. City of Dubuque 2016 Year in Review: 11. Follow-up Source of Income Statistics:
Upon motion the documents were received Housing and Community Development De-
and filed. partment Director Alvin Nash, Human Rights
Director Kelly Larson, City Attorney Crenna
6. 2017 Federal Legislative Priorities: City Brumwell, Planning Services Manager Laura
Manager recommending adoption of the 2017 Carstens and Community Development Spe-
Federal Legislative Priorities. Upon motion the cialist Erica Haugen are transmitting follow-up
documents were received, filed and approved. information requested by the City Council on
two statistics in the Source of Income Commit-
7. Public, Educational, and Government tee Report presented at the November 28,
(PEG) Capital Grant Fund Request: City Man- 2016 City Council Work Session. Upon motion
ager recommending approval of the Cable TV the documents were received and filed.
Commission recommendation for funding from
the Public, Educational, and Government 12. Eagle Point Park Restoration Plan: City
(PEG) Capital Grant for Access Equipment Manager recommending approval and adop-
and Facilities. Upon motion the documents tion of the Eagle Point Park Environmental
were received, filed and approved. Restoration Management Plan. Upon motion
the documents were received, filed and ap-
8. Civil Service Commission - Certified List: proved.
Civil Service Commission submitting the Certi-
fied List for the position of Bus Operator. Upon 13. Grant of Permanent Utility Easement -
motion the documents were received, filed and SW Arterial Project Acceptance: City Manager
made a Matter of Record. recommending acceptance of a permanent
utility easement for the Southwest Arterial Pro-
January 23, 2017 ject across Parcel 161 owned by Elizabeth
Honorable Mayor and Reuter. Upon motion the documents were re-
Members of the City Council ceived and filed and Resolution No. 32-17
In accordance with Chapter 400 of the Accepting a Grant of Permanent Utility Ease-
Code of lowa, an examination for the position ments for the Southwest Arterial Project from
of Bus Operator was administered on Decem- Elizabeth Reuter was adopted.
ber 14, 2016. We hereby certify that the indi-
viduals listed below have passed this written RESOLUTION NO. 32-17
examination and the vacancy for this position ACCEPTING A GRANT OF PERMANENT
should be filled from this list and that this list is UTILITY EASEMENTS FOR THE SOUTH-
good for one (1) year. WEST ARTERIAL PROJECT FROM ELIZA-
Bus Operator BETH REUTER
1. Justin Licht, 2. Paul Teixeira, 3. Steve Whereas, the City of Dubuque entered into
Thiltgen, 4. Chris Cullen, 5. Russell Stecklein, a Purchase Agreement for the purchase of
6. Roberto Miranda, 7. Doug Kuehn, 8. Bob permanent utility easements for the Southwest
Grant, 9. Clay Wilwert, 10. Roger Leib, 11. Arterial Project with Elizabeth Reuter legally
Gary Meyer, 12. Sean Kelley, 13. Quinten described as:
Dukes, 14. Linda Langkamp, 15. Mark Welbes A Parcel of Land Situated in Part of Lot
and 16. Sharon Goedken 1 of 1 of 1 of 1 of 1 of the Northwest 1/4
Respectfullysubmitted, of the Southeast 1/4, Section 11,
/s/Dan White, Chairman Township 88 North, Range 2 East of
Civil Service Commission the 5t° P.M., County of Dubuque, State
of lowa
9. Sustainable Dubuque Community And
Grants: City Manager recommending approval A Parcel of Land Situated in Part of Lot
of the following two projects for funding from 1-1-1-1 of the Northwest 1/4 of the
the Sustainable Dubuque Community Grant Southeast 1/4 and Part of Lot 1 of 1 of
Program. Upon motion the documents were 7 of the Northeast 1/4 of the Southeast
received, filed and approved. 1/4, all in Section 11, Township 88
North, Range 2 East of the 5t° P.M.,
10. Partners for Places Grant Application: County of Dubuque, State of lowa
City Manager recommending approval to sub- As more particularly shown on the attached
mit a grant application in partnership with the Grant of Permanent Utility Easements; and
Community Foundation of Greater Dubuque to Whereas, the terms of the Purchase
the Partners for Places grant program. Upon Agreement have been satisfied.
motion the documents were received, filed and NOW, THEREFORE, BE IT RESOLVED
approved. BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The Grant of Permanent Utility Ease-
Book 147 Regular Session, February 6, 2017 35
ments attached hereto is hereby accepted. DUBUQUE, IOWA:
2. The City Clerk is authorized and directed Section 1. That the Section 8 Administra-
to record this Resolution and the Grant of tive Plan is hereby amended to adopt the
Permanent Utility Easements with the Dubu- changes to the Plan to address HUD regula-
que County Recorder. tion changes per Federal Register 08/20/15 —
Passed, approved and adopted this 6t° day Final Rule, attached hereto as Exhibit A and
of February, 2017. Chapters 1,3,5,6,8,10,12,13,16, and 17.
Roy D. Buol, Mayor Section 2. That the Section 8 Administra-
Attest: Trish L. Gleason, Assistant City Clerk tive Plan is hereby amended to adopt the
changes to the Plan setting the minimum rent
14. Power Coatings, LLC Settlement for this locality at$0.00 and removing hardship
Agreement: Senior Counsel Lindahl recom- exemptions, attached hereto as Chapters 7
mending approval of a settlement agreement and 11.
of this case which is pending in the lowa Dis- Passed, approved and adopted this 6t° day
trict Court for Dubuque County. Upon motion of February 2017
the documents were received, filed and ap- Roy D Buol, Mayor
proved. Attest: Trish L. Gleason, Assistant City Clerk
15. Fair Housing Testing: City Attorney 17. Timber-Hyrst Estates No. 4 Subdivision
submitting results for the first round of Fair Improvements Acceptance: City Manager rec-
Housing Testing conducted the week of No- ommending acceptance of the public im-
vember 7, 2016. Upon motion the documents provements that the developers, North Cas-
were received and filed. cade Road Developers, LLC, have recently
completed in Timber-Hyrst Estates No. 4, ex-
16. City of Dubuque Housing Choice cept for the storm water detention facilities and
Voucher Program - Administrative Plan accessible sidewalk ramps and sidewalk along
Amendment: City Manager recommending the east side of Creekwood Drive from Station
approval of changes to the Housing Choice 70+50 to North Cascade Road. Upon motion
Voucher/Section 8 Administrative Plan. Upon the documents were received and filed and
motion the documents were received and filed Resolution No. 34-17 Accepting Public Im-
and Resolution No. 33-17 Approving Amend- provements in Timber-Hyrst Estates No. 4 in
ments to the Section 8 Administrative Plan the City of Dubuque, lowa was adopted.
was adopted.
RESOLUTION NO. 34-17
RESOLUTION NO. 33-17 ACCEPTING PUBLIC IMPROVEMENTS IN
APPROVING AMENDMENTS TO THE SEC- TIMBER-HYRST ESTATES NO. 4 IN THE
TION 8 ADMINISTRATIVE PLAN CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque is designat- Whereas, pursuant to Resolution 181-14,
ed as a Public Housing Authority; and certain public improvements including street
Whereas, the City of Dubuque maintains a paving with curb, storm sewer and catch ba-
comprehensive Public Housing Agency Plan; sins, storm water detention facilities, roadway
and culverts, sanitary sewer, watermain, public
Whereas, the City of Dubuque desires to sidewalk, and street lighting were installed by
amend said Public Housing Agency Plan; and the developer of Timber-Hyrst Estates No. 4 in
Whereas, said amendments are approved the City of Dubuque, lowa; and
by HUD, Resident Advisory Board and the Whereas, the improvements, except for
Housing Commission, the amendments must storm water detention facilities and accessible
be approved by resolution of the City Council sidewalk ramps and sidewalk along the east
for adoption and implementation; and side of Creekwood Drive from Station 70+50 to
Whereas, the Housing Commission held a North Cascade Road, have been completed
public meeting on October 25, 2016; and and the City Manager has examined the wnrk
Whereas, the Housing Commission voted and has filed a certificate stating that the same
to approve said amendments to Chapter 1, 3, has been completed in accordance with the
5, 6, 8, 10, 12, 13, 16, and 17 and recom- plans approved by the City Council and in con-
mended approval by the City Council; and formance with City specifications, and has
Whereas, the Housing Commission held a recommended that the improvements be ac-
public meeting on January 24, 2017; and cepted by the City Council.
Whereas, the Housing Commission voted NOW, THEREFORE, BE IT RESOLVED
to approve said amendments to Chapter 7 and BY THE CITY COUNCIL OF THE CITY OF
11 and recommend approval by the City DUBUQUE, IOWA:
Council. Section 1. That the recommendation of the
NOW THEREFORE, BE IT RESOLVED City Manager be approved and that said public
BY THE CITY COUNCIL OF THE CITY OF improvements in Timber Hyrst Estates No. 4,
Book 147 Regular Session, February 6, 2017 36
except storm water detention facilities and Amendment 1, attached hereto as 6chibit A.
accessible sidewalk ramps and sidewalk along Section 2. That said Fiscal Year 2017
the east side of Creekwood Drive from Station (Program Year 2016) Annual Action Plan
70+50 to North Cascade Road, be and the Amendment 1 attached hereto as 6chibit A is
same is hereby accepted. hereby approved.
Section 2. That maintenance of said public Section 4. That the City Manager is hereby
improvements shall be the responsibility of the authorized and directed to submit a copy of
owners, North Cascade Road Developers, this resolution and amendment to the U.S.
LLC, for a period of two (2) years from the date Department of Housing and Urban Develop-
of this resolution. ment.
Passed, approved and adopted this 6t° day Passed, approved and adopted this 6�° day
of February, 2017. of February 2017.
Roy D. Buol, Mayor Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk Attest: Trish L. Gleason, Assistant City Clerk
18. Community Development Block Grant 19. lowa 32 Bike/Hike Trail Phase 4 - No-
Annual Action Plan - Fiscal Year 2017 tice of Use Restrictions: City Manager recom-
Amendment No. 1: City Manager recommend- mending approval of a resolution approving
ing approval of the FY 2017 Annual Action the terms of the Notice of Use Restrictions for
Plan — Amendment 1 for the Community De- the lowa 32 Bike/Hike Trail — Phase 4. Upon
velopment Block Grant program. Upon motion motion the documents were received and filed
the documents were received and filed and and Resolution No. 36-17 Approving the No-
Resolution No. 35-17 Approving Fiscal Year tice of Use Restridions related to Phase 4 of
2017 (Program Year 2016) Annual Action Plan the lowa 32 Bike-Hike Trail was adopted.
Amendment 1 for Community Development
BlockGrant(CDBG) Fundswas adopted. RESOLUTION NO. 36-17
APPROVING THE NOTICE OF USE RE-
RESOLUTION NO. 35-17 STRICTIONS RELATED TO PHASE 4 OF
APPROVING FISCAL YEAR 2017 (PRO- THE IOWA 32 BIKEIHIKE TRAIL
GRAM YEAR 2016)ANNUAL ACTION PLAN Whereas, the lowa Department of Natural
AMENDMENT 1 FOR COMMUNITY DEVEL- Resources (IDNR) provided the City of Dubu-
OPMENT BLOCK GRANT(CDBG) FUNDS que with a Resource Enhancement and Pro-
Whereas, the City of Dubuque prepared tection (REAP) grant for construction of Phase
and filed an Annual Action Plan for Fiscal 4 of the lowa 32 (Northwest Arterial) Bike/Hike
Years 2017; and Trail; and
Whereas, the City of Dubuque now desires Whereas, the City of Dubuque agreed to
to amend said Annual Plan by reallocating abide by all local, state and federal require-
funds between existing activities and providing ments applicable to the REAP grant agree-
fundsfornewactivities; and ment #14-R4-AN with the IDNR for said trail
Whereas, said amendment is a substantial project; and
amendment as provided in the City's Citizen Whereas, said REAP grant agreement re-
Participation Plan and therefore must be ap- quires that the City of Dubuque maintain said
proved by resolution of the City Council after a projed for its designated use as a public trail
public hearing by the Community Development for a minimum of twenty-five (25) years.
Advisory Commission; and NOW THEREFORE, BE IT RESOLVED
Whereas, the City made available for pub- BY THE CITY COUNCIL OF THE CITY OF
lic comment said Annual Action Plan on No- DUBUQUE, IOWA:
vember 22, 2016 and advertised a 30-day pub- Section 1. The City Council hereby agrees
lic comment period ending January 24, 2017; to the terms of the Notice of Use Restrictions
and provided by the IDNR for Phase 4 of the lowa
Whereas, the Community Development 32 Bike/Hike Trail.
Advisory Commission reviewed said amend- Section 2. The City Clerk hereby is author-
ment during a public hearing on January 24, ized to record said Notice of Use Restrictions
2016 and voted to approve said amendment with the Dubuque County Recorder.
and recommend approval by the City Council. Passed, approved and adopted this 6t° day
NOW THEREFORE, BE IT RESOLVED of February, 2017.
BY THE CITY COUNCIL OF THE CITY OF Roy D. Buol, Mayor
DUBUQUE, IOWA: Attest: Trish L. Gleason, Assistant City Clerk
Sedion 1. That the Annual Action Plan for
Fiscal Years 2016 and 2017 are hereby re-
scinded and the balance of funds from these
plans are incorporated into a Fiscal Year 2017
(Program Year 2016) Annual Action Plan —
Book 147 Regular Session, February 6, 2017 37
20. IIW, P.C. for Engineering Design and and Childhood Lead Poisoning Prevention
Inspection Services Professional Service Program which extends the agreement from
Agreement: City Manager recommending au- February 1, 2017 through September 30,
thorization to enter into an agreement with IIW, 2018. Upon motion the documents were re-
P.C. to complete professional engineering ceived,filed and approved.
design services associated with the English
Mill Pump Station and Water Main Extension 22. Kennedy Road Right-of-Way Acquisi-
to the former Central lowa Water Association's tion (Brimeyer): City Manager recommending
Vernon Water and Barrington Lakes water approval of a resolution approving the agree-
systems. Upon motion the documents were ment with Mrs. Brimeyer, accepting the Ease-
received and filed and Resolution No. 37-17 ment, and approving the Pre-Annexation
Approving Professional Engineering Design Agreement. Upon motion the documents were
and Inspection Services Contract Between the received and filed and Resolution No. 38-17
City of Dubuque and IIW, P.C. for the English Approving an Agreement by and Between the
Mill Road Pump Station and Water Main Ex- city of Dubuque, lowa and Marlene L. Brimey-
tension to Vernon Water System and Barring- er Providing for the Annexation of Right-Of-
ton Lakes Project was adopted. Way Along Kennedy Road and the Intersection
of Derby Grange Road, a Grant of Easement
RESOLUTION NO. 37-17 for Public Utilities for the Right-Of-Way Along
APPROVING PROFESSIONAL ENGINEER- Kennedy Road and the Intersection of Derby
ING DESIGN AND INSPECTION SERVICES Grange Road, a Pre-Annexation Agreement
CONTRACT BETWEEN THE CITY OF for the Remainder of the Brimeyer Property;
DUBUQUE AND IIW, P.C. FOR THE ENG- and Accepting the Grant of Easement and
LISH MILL ROAD PUMP STATION AND Approving the Pre-Annexation was adopted.
WATER MAIN EXTENSION TO VERNON
WATER SYSTEM AND BARRINGTON RESOLUTION NO. 38-17
LAKES PROJECT APPROVING AN AGREEMENT BY AND BE-
Whereas, the City of Dubuque is proceed- TWEEN THE CITY OF DUBUQUE, IOWA
ing with the connection of the Vernon and Bar- AND MARLENE L. BRIMEYER PROVIDING
rington Lakes Water System to the City of FOR THE ANNEXATION OF RIGHT-OF-WAY
Dubuque water; and ALONG KENNEDY ROAD AND THE INTER-
Whereas, the Agreement authorizes IIW, SECTION OF DERBY GRANGE ROAD, A
P.C. to provide engineering design and inspec- GRANT OF EASEMENT FOR PUBLIC UTIL-
tion services for the English Mill Road pump ITIES FOR THE RIGHT-OF-WAY ALONG
station and water main extension to Vernon KENNEDY ROAD AND THE INTERSECTION
Water System and Barrington Lakes Project. OF DERBY GRANGE ROAD, A PRE-
NOW THEREFORE, BE IT RESOLVED ANNEXATION AGREEMENT FOR THE RE-
BY THE CITY COUNCIL OF THE CITY OF MAINDER OF THE BRIMEYER PROPERTY;
DUBUQUE, IOWA: AND ACCEPTING THE GRANT OF EASE-
Section 1. That said Agreement between MENT AND APPROVING THE PRE-
City of Dubuque and IIW, P.C. to provide pro- ANNEXATION AGREEMENT
fessional engineering design and inspection Whereas, the City of Dubuque has been
services for the English Mill Road pump station working to encourage development within city
and water main extension to Vernon Water limits and the hnro-mile fringe area boundary;
System and Barrington Lakes Project is here- and
by approved. Whereas, an unnamed developer has con-
Sedion 2. That the City Manager is hereby tacted the City about construding a city devel-
authorized and directed to execute two copies opment at the corner of Kennedy Road and
of said Agreement between City of Dubuque Derby Grange Road; and
and IIW, P.C. to provide professional engineer- Whereas, to facilitate this development the
ing design and inspection services for the Eng- City must extend utilities into the area and
lish Mill Road pump station and water main have adjacency in compliance with state law
extension to Vernon Water System and Bar- for annexation; and
rington Lakes Projed. Whereas, the City negotiated an agree-
Passed, approved and adopted this 6t° day ment with Mrs. Marlene L. Brimeyer (Brimey-
of February, 2017. er), which is attached, to address adjacency,
Roy D. Buol, Mayor utilities, and other matters of concern to the
Attest: Trish L. Gleason, Assistant City Clerk parties; and
Whereas, Brimeyer has granted to the City
21. Home Advocate Contract Extension: an easement for public utilities within the right-
City Manager recommending approval of a of-way abutting her property; and
Second Amendment to Subcontract with Visit- Whereas, Brimeyer has signed a Pre-
ing Nurse Association for the Healthy Homes annexation Agreement for the remainder of her
Book 147 Regular Session, February 6, 2017 38
property. 26.13.
NOW, THEREFORE, BE IT RESOLVED Passed, approved and adopted this 6t° day
BY THE CITY COUNCIL OF THE CITY OF of February, 2017.
DUBUQUE, IOWA AS FOLLOWS: Roy D. Buol, Mayor
The Agreement with Brimeyer attached Attest: Trish L. Gleason, Assistant City Clerk
hereto is hereby accepted and approved.
The Grant of Easement for Public Utilities CITY ENGINEER'S CERTIFICATE OF COM-
attached hereto is accepted. PLETION OF THE CATFISH CREEK INTER-
The Pre-Annexation Agreement attached CEPTOR SEWER REPAIR PROJECT
hereto is hereby accepted and approved. The undersigned City Engineer of the City
The City Clerk's Office is authorized and of Dubuque, lowa, hereby certifies that he has
direded to record this resolution and the inspected the Catfish Creek Interceptor Sewer
Agreement, Grant of Easement for Public Utili- Repair Project has been performed in compli-
ties, and Pre-Annexation Agreement with the ance with the terms of the Public Improvement
Dubuque County Recorder. Contract, and that the total cost of the com-
Passed, approved and adopted this 6t° day pleted work is$194,708.91.
of February, 2017. Dated this 27t°day of January, 2017.
Roy D. Buol, Mayor /s/Gus Psihoyos, City Engineer
Attest: Trish L Gleason, Assistant City Clerk Filed in the office of the City Clerk on the 27�n
day of January, 2017.
23. Catfish Creek Interceptor Sewer Repair /s/Trish L. Gleason, Assistant City Clerk
Project Acceptance: City Manager recom-
mending acceptance of the Catfish Creek In- 24. Brunskill Road Bridge Project Ac-
terceptor Sewer Repair Project, as completed ceptance: City Manager recommending ac-
by Top Grade 6ccavating, Inc. Upon motion ceptance of the public improvement construc-
the documents were received and filed and tion contract for the Brunskill Road Bridge Re-
Resolution No. 39-17 Accepting the Catfish construction Project, as completed by Taylor
Creek Interceptor Sewer Repair Project and Construction, Inc. Upon motion the documents
Authorizing the Payment to the Contractor was were received and filed and Resolution No. 40-
adopted. 17 Accepting the Brunskill Road Bridge Re-
construction Project, lowa DOT Projed No.
RESOLUTION NO. 39-17 BROS- 2100 (659)-8J31, and Authorizing the
ACCEPTING THE CATFISH CREEK INTER- Payment to the Contractor was adopted.
CEPTOR SEWER REPAIR PROJECT AND
AUTHORIZING THE PAYMENT TO THE RESOLUTION N0.40-17
CONTRACTOR ACCEPTING THE BRUNSKILL ROAD
Whereas, the public improvement contract BRIDGE RECONSTRUCTION PROJECT,
for the Catfish Creek Interceptor Sewer Repair IOWA DOT PROJECT NO. BROS-2100
Project (the Project) has been completed by (659)-8J-31, AND AUTHORIZING THE PAY-
the Contractor, Top Grade Excavating, Inc MENT TO THE CONTRACTOR
(Contractor), the City Engineer has examined Whereas, the public improvement contract
the work and recommends that the Project be for the Brunskill Road Bridge Reconstruction
accepted; and Projed, lowa DOT Projed No. BROS-2100
Whereas, the final contract amount for the (659)-8J31 (the Project) has been completed
Projed is$190,588.76; and by the Contractor, Taylor Construdion, Inc
Whereas, the Contractor has previously (Contractor), the City Engineer has examined
been paid $181,059.32, leaving a balance of the work and recommends that the Project be
$9,529.44; and accepted; and
Whereas, the City Council finds that the Whereas, the final contract amount for the
recommendation of the City Engineer should Project is$805,526.74; and
be accepted. Whereas, the Contractor has previously
NOW, THEREFORE, BE IT RESOLVED been paid $784,918.20, leaving a balance of
BY THE CITY COUNCIL OF THE CITY OF $20,608.54; and
DUBUQUE, IOWA: Whereas, the City Council finds that the
Section 1. The recommendation of the City recommendation of the City Engineer should
Engineer is approved and the Projed is hereby be accepted.
accepted. NOW, THEREFORE, BE IT RESOLVED
Sedion 2. The Finance Diredor is hereby BY THE CITY COUNCIL OF THE CITY OF
direded to pay to the Contractor the balance DUBUQUE, IOWA:
of the retainage of $9,529.44 as provided in Section 1. The recommendation of the City
lowa Code chapter 573, and to pay such re- Engineer is approved and the Projed is hereby
tainage in accordance with the provisions of accepted.
lowa Code chapter 573 or lowa Code chapter Sedion 2. The Finance Diredor is hereby
Book 147 Regular Session, February 6, 2017 39
direded to pay to the Contractor the balance relocate and adjust its facilities as covered by
of the retainage of $20,608.54 as provided in the Agreement; and
lowa Code chapter 573, and to pay such re- Whereas, upon reasonable satisfadory
tainage in accordance with the provisions of completion the City will pay BP for said eligible
lowa Code chapter 573 orlowa Code chapter reimbursement costs as covered by the
26.13. Agreement.
Passed, approved and adopted this 6t° day NOW THEREFORE, BE IT RESOLVED
of February, 2017. BY THE CITY COUNCIL OF THE CITY OF
Roy D. Buol, Mayor DUBUQUE, IOWA, THAT:
Attest: Trish L. Gleason, Assistant City Clerk Section 1. That said Agreement between
the City of Dubuque and BP Pipelines (North
25. BP Pipeline Utility Relocation Reim- America), Inc. is hereby approved.
bursement Agreement Phase I - SW Arterial Section 2. That the City Manager be au-
Project: City Manager recommending approval thorized and directed to execute three copies
for the City Manager to execute a Phase 1 of said Agreement between the City of Dubu-
Design Utility Relocation Reimbursement que and BP Pipelines (North America), Inc. for
Agreement with BP Pipelines (North America), the relocation of the petroleum distribution
Inc. for the relocation of a petroleum distribu- pipeline associated with the Project and the
tion pipeline impacted by the Southwest Arte- continued development and advancement of
rial and the future East Grading Project. Upon the Southwest Arterial Project.
motion the documents were received and filed Passed, approved and adopted this 6t° day
and Resolution No. 41-17 Approving a Phase I of February, 2017.
Design Utility Relocation Reimbursement Roy D. Buol, Mayor
Agreement with BP Pipelines (North America), Attest: Trish L. Gleason, Assistant City Clerk
Inc for the relocation of a petroleum distribu-
tion pipeline associated with the east grading 26. Business License Refunds: Request of
project and the continued development and Rainbo Oil Company for a refund of the tobac-
advancement of the Southwest Arterial Project co permit DBQ-052-17 and liquor license;
was adopted. LE0002418 for Kwik Stop #68 located at 1200
Cedar Cross Rd. due to business closing; re-
RESOLUTION N0.41-17 quest from Daniel Abbott for a refund of the
APPROVING A PHASE I DESIGN UTILITY tobacco permit DBQ-076-17 for River Rat
RELOCATION REIMBURSEMENT AGREE- Vapes located at 500 Bell St. due to the com-
MENT WITH BP PIPELINES (NORTH AMER- pletion of the special event. Upon motion the
ICA) INC. FOR THE RELOCATION OF A documents were received, filed and approved.
PETROLEUM DISTRIBUTION PIPELINE
ASSOCIATED WITH THE EAST GRADING 27. Alcohol and Tobacco License Applica-
PROJECT AND THE CONTINUED DEVEL- tions: City Manager recommending approval of
OPMENT AND ADVANCEMENT OF THE annual liquor, beer, wine and tobacco licenses
SOUTHWEST ARTERIAL PROJECT applications as submitted. Upon motion the
Whereas, the City is proceeding with the documents were received and filed and Reso-
proposed East Grading Project (hereafter Pro- lution No. 42-17 Approving applications for
ject) in accordance with its plans and specifi- beer, liquor, and/or wine permits, as required
cations, which the City has designed as part of by City of Dubuque Code of Ordinances Title 4
the Southwest Arterial Project; and Business and License Regulations, Chapter 2
Whereas, prior to the City commencing Liquor Control, Article B Liquor, Beer and Wine
work on the Project, the City needs to have an Licenses and Permits and Resolution No. 43-
existing in-service 10" petroleum distribution 17 Approving applications for retail ciga-
pipeline relocated; and rette/tobacco sales permits, as required by
Whereas, the 10" petroleum distribution lowa Code 453A.47A were adopted.
pipeline is owned and operated by the BP
Pipelines (North America), Inc (hereafter BP) RESOLUTION N0.42-17
and located on its own easements upon land APPROVING APPLICATIONS FOR BEER,
acquired by the City for the Projed shall be LIQUOR, AND/OR WINE PERMITS, AS RE-
relocated in accordance with a Phase 1 De- QUIRED BY CITY OF DUBUQUE CODE OF
sign Utility Relocation Reimbursement Agree- ORDINANCES TITLE 4 BUSINESS AND LI-
ment(hereafter Agreement); and CENSE REGULATIONS, CHAPTER 2 LIQ-
Whereas, it has been determined that the UOR CONTROL, ARTICLE B LIQUOR,
utility relocation to be completed by BP shall BEER AND WINE LICENSES AND PERMITS
be separated into a Phase I - Engineering De- Whereas, applications for Beer, Liquor,
sign and a future Phase II - Utility Construction and or Wine Permits have been submitted and
Relocation; and filed with the City Council for approval and the
Whereas, BP shall initially pay all costs to same have been examined and approved; and
Book 147 Regular Session, February 6, 2017 40
Whereas, the premises to be occupied by Attest: Trish L. Gleason, Assistant City Clerk
such applicants were inspected and found to
comply with the Ordinances of the City and the ITEMS SET FOR PUBLIC HEARING
applicants have filed the proper fees and
bonds and otherwise complied with the re- Motion by Lynch to receive and file the
quirements of the Code of Ordinances. documents, adopt the resolutions, set the pub-
NOW, THEREFORE, BE IT RESOLVED lic hearings as indicated, and dired the City
BY THE CITY COUNCIL OF THE CITY OF Clerk to publish notice as prescribed by law.
DUBUQUE, IOWA: Seconded by Connors. Motion carried 7-0.
Sedion 1. The City Clerk is hereby author-
ized and directed to cause to be issued the 1. Community Development Block Grant -
noted permit types to the following applicants Fiscal Year 2018 Annual Action Plan: City
pending submission of the locally required Manager recommending the City Council set a
documentation: public hearing for review of the Community
Renewals Development Block Grant Annual Action Plan
Dollar General Store #10074, 2400 Gateway on February 16, 2017 in conjunction with the
Dr., Class C Beer, Class B Wine(Sunday) Housing & Community Development Depart-
Dollar General Store#6896, 605 W Locust St., menYs budget hearing. Upon motion the doc-
Class C Beer, Class B Wine (Sunday) uments were received and filed and Resolution
Dollar General Store #7289, 3250 Kennedy No. 44-17 Setting a public hearing on the Fis-
Cir. Ste. 9, Class C Beer, Class B Wine cal Year 2018 (Program Year 2017) Communi-
(Sunday) ty Development Block Grant (CDBG) Annual
Dubuque Religious Center, 923 Main St., Adion Plan was adopted setting a public hear-
Class B Wine (Sunday) ing for a meeting to commence at 6:00 p.m. on
Fife's, 1113 Main St., Class C Liquor February 16, 2017 in the Historic Federal
Gin Rickeys, 1447 Central Ave., Class C Liq- Building.
uor(Sunday)
Hy-Vee Market Cafe#3, 400 Locust St., Class RESOLUTION NO.44-17
C Liquor(Sunday) SETTING A PUBLIC HEARING ON THE
Pusateri's, 2400 Central Ave., Class C Liquor FISCAL YEAR 2018 (PROGRAM YEAR
(Sunday) 2017) COMMUNITY DEVELOPMENT BLOCK
Passed, approved and adopted this 6t° day GRANT (CDBG)ANNUAL ACTION PLAN
of February, 2017. Whereas, the City of Dubuque has,
Roy D. Buol, Mayor through a series of public meetings and hear-
Attest: Trish L. Gleason, Assistant City Clerk ings, finalized a Fiscal Year 2018 (Program
Year 2017) Community Development Block
RESOLUTION NO.43-17 Grant Annual Action Plan addressing both
APPROVING APPLICATIONS FOR RETAIL housing and non-housing needs in the com-
CIGARETTE I TOBACCO SALES I NICO- munity; and
TINE/VAPOR PERMITS, AS REQUIRED BY Whereas, copies of the draft Fiscal Year
IOWA CODE 453A.47A 2018 (Program Year 2017) CDBG Annual Ac-
Whereas, applications for Cigarette / To- tion Plan will be available for public comment
bacco Sales have been submitted and filed for 30 days prior to City Council action; and
with the City Council for approval and the Whereas, the City's Community Develop-
same have been examined and approved; and ment Advisory Commission has reviewed and
Whereas, the premises to be occupied by recommended adoption of the Annual Action
such applicants were inspected and found to Plan on January 24, 2017.
comply with the Ordinances of the City and the NOW, THEREFORE, BE IT RESOLVED
applicants have filed the proper fees and oth- BY THE CITY COUNCIL OF THE CITY OF
erwise complied with the requirements of the DUBUQUE, IOWA:
Code of Ordinances. Section 1. That the City Council will meet
NOW, THEREFORE, BE IT RESOLVED in the Historic Federal Building, Council
BY THE CITY COUNCIL OF THE CITY OF Chambers, 2nd Floor, 350 West 6t° Street,
DUBUQUE, IOWA: Dubuque, lowa at 6:00 p.m. on February 16,
Sedion 1. The City Clerk is hereby author- 2017 for the purpose of holding a public hear-
ized and direded to cause to be issued the ing and taking action on the Fiscal Year 2018
following named applicants and locations for (Program Year 2017) Community Develop-
cigarette/tobacco sales permit. ment Block Grant Annual Action Plan.
Endless Fragrance& Merchandise, 1828 Sedion 2. That the City Clerk be and he is
Central Ave. hereby authorized and direded to publish a
Passed, approved and adopted this 6th notice of such public hearing and the City
day of February, 2017. Council's intent to review and take action on
Roy D. Buol, Mayor the Fiscal Year 2018 (Program Year 2017)
Book 147 Regular Session, February 6, 2017 41
Community Development Block Grant Annual Bonds and to receive oral and/or written objec-
Plan. tions from any resident or property owner of
Passed, approved and adopted this 6t° day the City to such action.
of February, 2017. NOW, THEREFORE, BE IT RESOLVED
Roy D. Buol, Mayor BY THE CITY COUNCIL OF THE CITY OF
Attest: Trish L. Gleason, City Clerk DUBUQUE, STATE OF IOWA:
That this Council meet in the Historic Fed-
2. General Obligation Bonds - Series eral Building, 350 West 6t° Street, Dubuque,
2017ABC: City Manager recommending a pub- lowa, at 6:00 p.m., on the 20t°day of February,
lic hearing be set for February 20, 2017, on the 2017, for the purpose of taking action on the
proposition of selling not to exceed matter of the issuance of not to exceed
$21,400,000 in General Obligation Bonds, the $8,950,000 General Obligation Bonds, Series
proceeds of which will be used to pay costs for 2017A, for essential corporate purposes, the
ambulance replacement, and refund previously proceeds of which bonds will be used to pro-
issued general obligation bonds. Upon motion vide funds to pay the costs of:
the documents were received and filed and a) the settlement, adjustment, renewing, or
Resolution No. 45-17 Fixing Date for a Meet- extension of any part or all of the legal indebt-
ing on the Proposition of the Issuance of not to edness of a city, whether evidenced by bonds,
Exceed $8,950,000 General Obligation Bonds, warrants, or judgments, or the funding or re-
Series 2017A of the City of Dubuque, State of funding of the same, whether or not such in-
lowa (For Essential Corporate Purposes), and debtedness was created for a purpose for
Providing for Publication of Notice Thereof and which general obligation bonds might have
Resolution No. 46-17 Fixing Date for a Meet- been issued in the original instance, including
ing on the Proposition of the Issuance of not to General Obligation Bonds, Taxable Series
Exceed $10,250,000 General Obligation Urban 2009A (BAB), General Obligation Refunding
Renewal Refunding Bonds, Series 2017B of Bonds, Series 2009C and General Obligation
the City of Dubuque, State of lowa (for an Es- Bonds, Series 2010A; and
sential Corporate Purpose), and Providing for b)the equipping of the fire department.
Publication of Notice Thereof and Resolution To the extent any of the projects or activi-
No. 47-17 Fixing Date for a Meeting on the ties described in this resolution may be rea-
Proposition of the Issuance of not to Exceed sonably construed to be included in more than
$2,200,000 Taxable General Obligation Urban one classification under Division III of Chapter
Renewal Refunding Bonds, Series 2017C of 384 of the Code of lowa, the Council hereby
the City of Dubuque, State of lowa (for an Es- eleds the"essential corporate purpose"classi-
sential Corporate Purpose), and Providing for fication and procedure with respect to each
Publication of Notice Thereof were adopted such project or activity, pursuant to Section
setting a public hearing for a meeting to com- 384.28 of the Code of lowa.
mence at 6:00 p.m. on February 20, 2017 in That the Clerk is hereby directed to cause
the Historic Federal Building. at least one publication to be made of a notice
of the meeting, in a legal newspaper, printed
RESOLUTION NO.45-17 wholly in the English language, published at
FIXING DATE FOR A MEETING ON THE least once weekly, and having general circula-
PROPOSITION OF THE ISSUANCE OF NOT tion in the City. The publication to be not less
TO EXCEED $8,950,000 GENERAL OBLI- than four clear days nor more than twenty
GATION BONDS, SERIES 2017A OF THE days before the date of the public meeting on
CITY OF DUBUQUE, STATE OF IOWA (FOR the issuance of the Bonds.
ESSENTIAL CORPORATE PURPOSES), The notice of the proposed action to issue
AND PROVIDING FOR PUBLICATION OF bonds shall be in substantially the [provided]
NOTICE THEREOF form:
Whereas, it is deemed necessary and ad- Passed and approved this 6t° day of Feb-
visable that the City of Dubuque, State of lo- ruary, 2017.
wa, should issue General Obligation Bonds, to Roy D. Buol, Mayor
the amount of not to exceed $8,950,000, as Attest: Trish L. Gleason, Assistant City Clerk
authorized by Sedion 384.25, of the Code of
lowa, for the purpose of providing funds to pay RESOLUTION NO.46-17
costs of carrying out essential corporate pur- FIXING DATE FOR A MEETING ON THE
pose projects as hereinafter described; and PROPOSITION OF THE ISSUANCE OF NOT
Whereas, before the Bonds may be issued, TO EXCEED $10,250,000 GENERAL OBLI-
it is necessary to comply with the provisions of GATION URBAN RENEWAL REFUNDING
the Code, and to publish a notice of the pro- BONDS, SERIES 2017B OF THE CITY OF
posal to issue such bonds and of the time and DUBUQUE, STATE OF IOWA (FOR AN ES-
place of the meeting at which the Council pro- SENTIAL CORPORATE PURPOSE), AND
poses to take adion for the issuance of the PROVIDING FOR PUBLICATION OF NO-
Book 147 Regular Session, February 6, 2017 42
TICE THEREOF least once weekly, and having general circula-
Whereas, by Resolution this Council found tion in the City. The publication to be not less
and determined that certain areas located than ten clear days nor more than twenty days
within the City are eligible and should be des- before the date of the public meeting on the
ignated as an urban renewal area under lowa issuance of the Bonds.
law, and approved and adopted the Greater The notice ofthe proposed action to issue
Downtown Urban Renewal Plan (the"Plan") as bonds shall be in substantially the [provided]
amended for the Greater powntown Urban form:
Renewal Plan Area (the "Area" or "Urban Re- Passed and approved this 6t° day of Feb-
newal Area"), which Plan is on file in the office ruary, 2017.
of the Recorder of Dubuque County, lowa; and Roy D. Buol, Mayor
Whereas, it is deemed necessary and ad- Attest: Trish L. Gleason, Assistant City Clerk
visable that the City of Dubuque, State of lo-
wa, should issue General Obligation Urban RESOLUTION N0.47-17
Renewal Refunding Bonds, to the amount of FIXING DATE FOR A MEETING ON THE
not to exceed $10,250,000, as authorized by PROPOSITION OF THE ISSUANCE OF NOT
Sedions 384.25 and 403.12, of the Code of TO EXCEED $2,200,000 TAXABLE GEN-
lowa, for the purpose of providing funds to pay ERAL OBLIGATION URBAN RENEWAL RE-
costs of carrying out an essential corporate FUNDING BONDS, SERIES 2017C OF THE
purpose projects as hereinafter described; and CITY OF DUBUQUE, STATE OF IOWA (FOR
Whereas, before bonds may be issued, it is AN ESSENTIAL CORPORATE PURPOSE),
necessary to comply with the procedural re- AND PROVIDING FOR PUBLICATION OF
quirements of Chapters 384 and 403 of the NOTICE THEREOF
Code of lowa, and to publish a notice of the Whereas, by Resolution this Council found
proposal to issue such bonds and the right to and determined that certain areas located
petition for an election. within the City are eligible and should be des-
NOW, THEREFORE, BE IT RESOLVED ignated as an urban renewal area under lowa
BY THE CITY COUNCIL OF THE CITY OF law, and approved and adopted the Greater
DUBUQUE, STATE OF IOWA: Downtown Urban Renewal Plan (the"Plan") as
That this Council meet in the Historic Fed- amended for the Greater powntown Urban
eral Building, 350 West 6t° Street, Dubuque, Renewal Plan Area (the "Area" or "Urban Re-
lowa, at 6:00 p.m., on the 20t°day of February, newal Area"), which Plan is on file in the office
2017, for the purpose of taking action on the of the Recorder of Dubuque County, lowa; and
matter of the issuance of not to exceed Whereas, it is deemed necessary and ad-
$10,250,000 General Obligation Urban Re- visable that the City of Dubuque, State of lo-
newal Refunding Bonds, Series 2017B, for an wa, should issue Taxable General Obligation
essential corporate purpose, the proceeds of Urban Renewal Refunding Bonds, to the
which bonds will be used to provide funds to amount of not to exceed $2,200,000, as au-
pay the costs of the settlement, adjustment, thorized by Sections 384.25 and 403.12, of the
renewing, or extension of any part or all of the Code of lowa, for the purpose of providing
legal indebtedness of a city, whether evi- funds to pay costs of carrying out essential
denced by bonds, warrants, or judgments, or corporate purpose project as hereinafter de-
the funding or refunding of the same, whether scribed; and
or not such indebtedness was created for a Whereas, before bonds may be issued, it is
purpose for which general obligation bonds necessary to comply with the procedural re-
might have been issued in the original in- quirements of Chapters 384 and 403 of the
stance, including General Obligation Urban Code of lowa, and to publish a notice of the
Renewal Bonds, Taxable Series 2009B (BAB) proposal to issue such bonds and the right to
and General Obligation Urban Renewal petition for an election.
Bonds, Series 2010C. NOW, THEREFORE, BE IT RESOLVED
To the extent any of the projects or activi- BY THE CITY COUNCIL OF THE CITY OF
ties described in this resolution may be rea- DUBUQUE, STATE OF IOWA:
sonably construed to be included in more than That this Council meet in the Historic Fed-
one classification under Division III of Chapter eral Building, 350 West 6t° Street, Dubuque,
384 of the Code of lowa, the Council hereby lowa, at 6:00 p.m., on the 20t°day of February,
eleds the"essential corporate purpose"classi- 2017, for the purpose of taking action on the
fication and procedure with respect to each matter of the issuance of not to exceed
such projed or activity, pursuant to Sedion $2,200,000 Taxable General Obligation Urban
384.28 of the Code of lowa. Renewal Refunding Bonds, Series 2017C, for
That the Clerk is hereby directed to cause an essential corporate purpose, the proceeds
at least one publication to be made of a notice of which bonds will be used to provide funds to
of the meeting, in a legal newspaper, printed pay the costs of the settlement, adjustment,
wholly in the English language, published at renewing, or extension of any part or all of the
Book 147 Regular Session, February 6, 2017 43
legal indebtedness of a city, whether evi- THE URBAN RENEWAL LAW, AND THAT
denced by bonds, warrants, or judgments, or DEVELOPMENT OF SAID AREA IS NECES-
the funding or refunding of the same, whether SARY IN THE INTEREST OF THE RESI-
or not such indebtedness was created for a DENTS OF THE CITY OF DUBUQUE, IOWA,
purpose for which general obligation bonds AND SETTING DATES OF HEARING AND
might have been issued in the original in- CONSULTATION ON A PROPOSED
stance, including Tauable General Obligation AMENDED AND RESTATED URBAN RE-
Urban Renewal Bonds, Series 2010B. NEWAL PLAN FOR SAID DISTRICT
To the extent any of the projects or activi- Whereas, the City Council of the City of
ties described in this resolution may be rea- Dubuque has heretofore approved the
sonably construed to be included in more than Amended and Restated Urban Renewal Plan
one classification under Division III of Chapter for the Greater powntown Urban Renewal
384 of the Code of lowa, the Council hereby District (the "DistricY') in order to provide rede-
elects the essential corporate purpose classifi- velopment opportunities which will further the
cation and procedure with resped to each purposes and objectives of the foregoing Ur-
such projed or activity, pursuant to Sedion ban Renewal Plan; and
384.28 of the Code of lowa. Whereas, City staff has recommended that
That the Clerk is hereby directed to cause the District be expanded to add an adjacent
at least one publication to be made of a notice area which meets the definition of a blighted
of the meeting, in a legal newspaper, printed area, as found in Chapter 403 of the lowa
wholly in the English language, published at Code, and that the proposed Amended and
least once weekly, and having general circula- Restated Urban Renewal Plan ("Plan")be up-
tion in the City. The publication to be not less dated to include such area and to update ur-
than ten clear days nor more than twenty days ban renewal project descriptions and make
before the date of the public meeting on the any other necessary revisions; and
issuance of the Bonds. Whereas, Chapter 403 of the lowa Code
The notice of the proposed action to issue requires that before urban renewal authority
bonds shall be in substantially the [provided] may be exercised, a City Council must adopt a
form: resolution of necessity finding that the area in
Passed and approved this 6t° day of Feb- question is a slum, blighted or economic de-
ruary, 2017. velopment area, and that so designating such
Roy D. Buol. Mayor area is necessary in the interest of the public
Attest: Trish L. Gleason, Assistant City Clerk health, safety or welfare of the residents of the
municipality.
3. Greater powntown Urban Renewal Dis- NOW, THEREFORE, BE IT RESOLVED
trict Amendment - Resolution of Necessity: BY THE CITY COUNCIL OF THE CITY OF
City Manager recommending approval of a DUBUQUE, IOWA:
Resolution of Necessity that finds that a pro- Sedion 1. That the area referred to herein
posed Amended and Restated Urban Renewal as the 15t° Street Subarea (which includes the
Plan for the Greater powntown Urban Renew- former Blum properties), as generally de-
al District is both necessary and appropriate scribed in 6chibit "A" and 6chibit "B" to this
and sets a public hearing on the plan for Resolution and to be included in the Amended
March 6, 2017. Upon motion the documents and Restated Urban Renewal Plan for the
were received and filed and Resolution No. 48- Greater powntown Urban Renewal District, is
17 Resolution of Necessity Finding that Cer- a blighted area as defined by Chapter 403 of
tain Areas to be Included Within the Greater the lowa Code and is appropriate for an urban
Downtown Urban Renewal District Meet the renewal project.
Definition of a Blighted Area Under the Urban Section 2. That the development of the
Renewal Law, and that Development of said above-described 15t° Street Subarea is neces-
Area Is Necessary in the Interest of the Resi- sary and appropriate to facilitate the proper
dents of the City of Dubuque, lowa, and Set- growth and development of the community in
ting Dates of Hearing and Consultation on a accordance with sound planning and local
Proposed Amended and Restated Urban Re- community objectives.
newal Plan for Said Distrid was adopted set- Sedion 3. That the City Manager is author-
ting a public hearing for a meeting to com- ized and directed to prepare an Amended and
mence at 6:00 p.m. on March 6, 2017 in the Restated Urban Renewal Plan for the Greater
Historic Federal Building. Downtown Urban Renewal District to accom-
RESOLUTION NO.48-17 plish the foregoing purposes and objectives, to
RESOLUTION OF NECESSITY FINDING include in such Plan any appropriate projed
THAT CERTAIN AREAS TO BE INCLUDED activities and details, to determine an appro-
WITHIN THE GREATER DOWNTOWN UR- priate date for and condud the consultation
BAN RENEWAL DISTRICT MEET THE DEF- process required by law with affected taxing
INITION OF A BLIGHTED AREA UNDER entities concerning the proposed Plan, and
Book 147 Regular Session, February 6, 2017 44
submit the Plan to the Planning Commission by Connors to appoint Robert W. Blok to a 3-
for review and recommendation as to its con- year term through February 15, 2020. Se-
formity with the general plan for the develop- conded by Jones. Motion carried 7-0.
ment of the community as a whole.
Section 4. That the City Council hold a 3. Investment Oversight Advisory Commis-
public hearing on the adoption of the proposed sion: One, 3-year term through July 1, 2018
Amended and Restated Urban Renewal Plan (Vacant term of Chalmers) Applicant: Franz
for the Greater powntown Urban Renewal Becker, 1847 Finley St. Motion by Lynch to
District on March 6, 2017 at 6:00 p.m. in the appoint Franz Becker to a 3-year term through
Historic Federal Building, 350 West 6t° Street, July 1, 2018. Seconded by Resnick. Motion
Dubuque, lowa 52001. The notice of said carried 7-0.
hearing shall generally identify the areas cov-
ered by the Plan and the general scope of the 4. Sister City Relationship Advisory Com-
urban renewal activities planned for such are- mission: Four, 3-year terms through February
as, and said notice shall be published and 1, 2020 (Expiring terms of Castaneda, Felder-
available to the public not less than four days man, Landis and Ward) Applicants: Sheila
nor more than twenty days before the date of Castaneda, 1014 Dunham Dr.; Robert Felder-
said meeting. A copy of the notice of public man, 241 Southgate Dr.; Dick Landis, 2390
hearing shall be sent by ordinary mail to the Clarke Crest Dr.; Annalee Ward, 2758 Tiffany
affeded taxing entities. Ct. Motion by Connors to appoint Sheila Cas-
Section 5. That the City Clerk is further di- taneda, Robert Felderman, Dick Landis, An-
rected to send by ordinary mail a copy of said nalee Ward each to a 3-year term through
Plan, the notice of public hearing, a notice of February 1, 2020. Seconded by Lynch. Motion
consultation, and, to the extent the Plan in- carried 7-0.
cludes the use of tax increment revenues for a
public building, an analysis of alternative de- PUBLIC INPUT
velopment and funding options for such public
buildings, to the Dubuque Community School Chris Cullen, 877 Stone Ridge Place ad-
District and the Dubuque County Board of Su- dressed the veteran's preference process in
pervisors, as the affected taxing entities. reference to Civil Service testing.
Passed, approved and adopted this 6t° day
of February, 2017. ACTION ITEMS
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk 1. Dubuque Initiatives - Release of City
Loan Guarantee for Roshek Building Project:
BOARDS/COMMISSIONS Dubuque Bank & Trust Company President
and CEO Doug Horstmann is informing the city
The City Council reviewed applications to of the release of the Roshek Building City of
the following Boards and Commissions. Appli- Dubuque Loan Guarantee on behalf of Dubu-
cants were invited to address the City Council que Initiatives. Motion by Lynch to receive and
regarding their appointment. file the documents. Greater Dubuque Devel-
opment Corporation President and CEO Rick
1. Housing Commission: One, 3-year term Dickinson gave a brief history of the Roshek
through August 17, 2018 (Vacant At-Large Building. Mr. Dickinson responded to ques-
term of Craddieth) Applicant: Shane Hoeper, tions from Council. Seconded by Connors.
2520 North Grandview Ave spoke in favor of Motion carried 7-0.
his appointment.
2. Dubuque Initiatives - 4t° Amendment to
Appointments w�re made to the following Development Agreement for Roshek Building:
Boards/Commissions. City Manager recommending approval of an
amendment to the Development Agreement
2. Community Development Advisory between the City of Dubuque and Dubuque
Commission: One, 3-year term through Febru- Initiatives for the redevelopment of the Historic
ary 15, 2020 (6cpiring term of Blok) Applicant: Roshek Building. Motion by Connors to receive
Robert W. Blok, 2447 University Ave. Motion and file the documents and adopt Resolution
No. 49-17 Approving the Fourth Amendment to
the Development Agreement Between the City
of Dubuque, lowa and Dubuque Initiatives.
Seconded by Jones. Motion carried 7-0.
Book 147 Regular Session, February 6, 2017 45
RESOLUTION NO.49-17 ening the scope of prohibited noises and Ordi-
APPROVING THE FOURTH AMENDMENT nance 6-53 regarding Exempt Noises by re-
TO THE DEVELOPMENT AGREEMENT BE- moving the disorderly conduct exemption. Mo-
TWEEN THE CITY OF DUBUQUE, IOWA tion by Lynch to receive and file the docu-
AND DUBUQUE INITIATIVES ments and that the requirement that a pro-
Whereas, the City of Dubuque, lowa (City) posed ordinance be considered and voted on
and Dubuque Initiatives (Developer) are par- for passage at two Council meetings prior to
ties to a Development Agreement dated Feb- the meeting at which it is to be passed be sus-
ruary 17, 2009 (the Agreement), as amended pended. Seconded by Jones. Motion carried 7-
on April 27, 2009, May 16, 2011, and Septem- 0.
ber 6, 2011, relating to the redevelopment of Motion by Lynch for final consideration and
the Roshek Building located generally at 700 passage of Ordinance No. 4-17 Amending City
Locust Street in the City (defined in the Origi- of Dubuque Code of Ordinances Title 6 Health,
nal Agreement as the Property); and Housing, Sanitation and Environment, Chapter
Whereas, Section 3.1 of the Agreement 5 Noises, Section 6-5-1 Prohibited Noises by
obligates the City to provide Developer with an Broadening the Scope of Prohibited Noises
Economic Development Grant; and and Ordinance No. 5-17 Amending City of
Whereas, City and Developer desire to Dubuque Code of Ordinances Title 6 Health,
amend the Agreement to include a non- Housing, Sanitation and Environment, Chapter
appropriation clause with respect to the Eco- 5 Noises, Section 6-53 6cempt Noises by
nomic Development Grant as set forth in the Removing the Disorderly Conduct Exemption
Fourth Amendment, attached hereto. Seconded by Connors. Motion carried 7-0.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF ORDINANCE N0.4-17
DUBUQUE, IOWA, AS FOLLOWS: OFFICIAL PUBLICATION
Section 1. The Fourth Amendment to De- AMENDING CITY OF DUBUQUE CODE OF
velopment Agreement attached hereto is ORDINANCES TITLE 6 HEALTH, HOUSING,
hereby approved and the Mayor is authorized SANITATION AND ENVIRONMENT, CHAP-
and directed to sign the Fourth Amendment on TER 5 NOISES, SECTION 6-5-1 PROHIBIT-
behalf of the City of Dubuque. ED NOISES BY BROADENING THE SCOPE
Sedion 2. All other provisions of the OF PROHIBITED NOISES
Agreement shall remain in full force and effect. Section 1. Section 6-5-1 of the City of
Passed, approved and adopted this 6t° day Dubuque Code of Ordinances is amended to
of February, 2017. read as follows:
Roy D. Buol, Mayor 6-5-1: PROHIBITED NOISES:
Attest: Trish L. Gleason, Assistant City Clerk No person shall cause or permit any loud
and excessive noise that results in annoyance
3. Comprehensive Annual Financial Report or discomfort to a reasonable person of normal
(CAFR) and Auditor's Communication: City sensitivities. Without limiting or precluding en-
Manager transmitting the Fiscal Year 2016 forcement of any other provision of this chap-
Comprehensive Financial Report (CAFR), Au- ter or this code, the following are hereby pro-
ditor's Communication with Those Charged hibited:
with Governance Letter, the City Finance staff A. Horns, Signaling Devices: The sounding
responses to Auditor's Findings and Eide Bail- of any horn or signaling device such as that on
ly CPA Audit Partner Brian Unsen made a any automobile, motorcycle, bus or other vehi-
presentation. cle on any street or public place of the city,
Motion by Connors to receive and file the except as a danger warning, or the sounding
documents and Make Matter of Record. Se- of any such device for an unnecessary and
conded by Jones. Motion carried 7-0. unreasonable period of time.
B. Crying Of Wares: The sale by outcry
4. 2016 lowa Mission of Mercy - Dubuque within any area of the city zoned for residential
Video Presentation: City Manager recom- uses. However, this subsection shall not be
mending approval to share the lowa Mission of construed to prohibit the selling by outcry of
Mercy 2016 video of the Clinic held on Sep- merchandise, food and beverages at licensed
tember 23-24, 2016 at the Five Flags Center. sporting events, parades, fairs, circuses and
Motion by Connors to receive, file and approve other similar licensed public entertainment
the viewing of the video. Seconded by Del events, nor to prohibit the selling of newspa-
Toro. Motion carried 7-0. pers by outcry.
C. Animals And Fowi: The keeping of, up-
5. Code of Ordinances Amendment - Title on any premises owned, occupied or con-
6 Prohibited / Exempt Noises: City Manager trolled by any person, any animal or fowi oth-
recommending approval of amendments to erwise permitted to be kept which, by any
Ordinance 6-5-1 Prohibited Noises by broad- sound or cry, shall cause annoyance or dis-
Book 147 Regular Session, February 6, 2017 46
comfort to a reasonable person of normal sen- chapter or code, and in addition thereto, it shall
sibilities. be unlawful for any person to make or continue
D. Loading, Unloading, Opening Boxes: or cause to be made or continued any loud,
The creation of any loud and excessive noise unnecessary, or unusual noise which disturbs
in connection with loading or unloading any the peace or quiet of any neighborhood or
vehicle or the opening and destruction of which causes discomfort or annoyance to any
bales, boxes, crates and containers. reasonable person of normal sensitivities.
E. Schools, Courts, Churches, Hospitals: M. Outdoor Music Or Amplified Noise: The
The creation of any loud and excessive noise making or continuing to make any outdoor
on any street adjacent to any school, institution music or amplified noise between the hours of
of learning, church or court while same is in ten o'clock (10:00) p.m. on Sunday and nine
use, or adjacent to any hospital, which unrea- o'clock (9:00) a.m. on Monday, ten o'clock
sonably interferes with the wnrkings of such (10:00) p.m. on Monday and nine o'clock
institution, or which disturbs or unduly annoys (9:00) a.m. on Tuesday, ten o'clock (10:00)
patients in the hospital. p.m. on Tuesday and nine o'clock (9:00) a.m.
F. Construction Or Repair Of Buildings: on Wednesday, ten o'clock (10:00) p.m. on
The creation of any loud or excessive noise Wednesday and nine o'clock (9:00) a.m. on
resulting from erection, excavation, demolition, Thursday, ten o'clock (10:00) p.m. on Thurs-
alteration or repair of any structure or building day and nine o'clock (9:00) a.m. on Friday,
except between the hours of seven o'clock twelve o'clock (12:00) midnight on Friday and
(7:00) a.m. and eight o'clock (8:00) p.m., Mon- nine o'clock (9:00) a.m. on Saturday and
day through Friday, and nine o'clock (9:00) twelve o'clock (12:00) midnight on Saturday
a.m. and six o'clock (6:00) p.m. on Saturday and nine o'clock (9:00) a.m. on Sunday, when
and Sunday. the person making or causing to make such
G. Pile Drivers, Hammers: The operation of music or noise knows or reasonably should
any pile driver, pneumatic hammer, derrick, know the music or noise would disturb the
power hoist or other construction equipment, peace of a reasonable person.
except between the hours of eight o'clock Sedion 2. This Ordinance takes effed on
(8:00) a.m. and six o'clock (6:00) p.m., Mon- publication.
day through Friday, and nine o'clock (9:00) Passed, approved, and adopted the 6t°day
a.m. and six o'clock (6:00) p.m., Saturday and of February, 2017.
Sunday, and when so permitted, only if Roy D. Buol, Mayor
equipped with an effective muffling device. Attest: Trish L. Gleason, Assistant City Clerk
H. Refuse Or Recyclables Collection: The
colledion of garbage, trash, refuse or recycla- ORDINANCE NO. 5-17
bles in any area zoned residential except be- AMENDING CITY OF DUBUQUE CODE OF
tween the hours of six o'clock (6:00) a.m. and ORDINANCES TITLE 6 HEALTH, HOUSING,
nine o'clock (9:00) p.m. of any day and, when SANITATION AND ENVIRONMENT, CHAP-
so permitted, only in a manner so as not to TER 5 NOISES, SECTION 6-5-3 EXEMPT
create a loud or excessive noise. NOISES BY REMOVING THE DISORDERLY
I. Vehicle Repairs: The creation of loud and CONDUCT EXEMPTION
excessive noise resulting from the repair or Section 1. Section 6-53 of the City of
rebuilding of any motor vehicle within any resi- Dubuque Code of Ordinances is amended to
dential area of the city except between the read as follows:
hours of nine o'clock (9:00) a.m. and nine 6-5-3: EXEMPT NOISES:
o'clock (9:00) p.m. daily but only in such a The following noises are exempt from the
manner that a reasonable person of normal provisions of this chapter:
sensitivities residing in the area will not be A. Emergency Operations: Emergency
caused discomfort or annoyance. short term operations that are necessary to
J. Exhausts: The discharge into the open protect the health and welfare of the citizens,
air of the exhaust of any engine, including a such as emergency utility and street repair,
steam engine, internal combustion engine, fallen tree removal or emergency fuel oil deliv-
motorboat or motor vehicle or the discharge of ery, shall be exempt from the prohibition of
air or other gases except through a muffler or section 6-5-1 of this chapter; provided, that
other device that will effectively prevent loud or reasonable steps shall be taken by those in
explosive noisestherefrom. charge of such operations to minimize noise
K. Stationary Machinery, Equipment And emanating from the same.
Fans: The operation of any immobile machine, B. Noise Required By Law The prohibition
equipment, pump, fan or similar mechanical of section 6-5-1 of this chapter shall not apply
device in any manner so as to create any loud to any noise required specifically by law for the
and excessive noise. protection or safety of people or property.
L. Loud, Unnecessary Or Unusual Noise: C. Lawn Mowers, Garden Tools: Powered
Notwithstanding any other provision of this equipment, such as lawn mowers, small lawn
Book 147 Regular Session, February 6, 2017 47
and garden tools, riding tractors and snow development of Best Practice Policies for
removal equipment that is necessary for the Drones. Council member Jones also apolo-
maintenance of property, if kept in good repair gized to the Dubuque Chamber of Commerce
and maintenance, shall be exempt from the for taking ownership and referring to the Lead-
prohibition of section 6-5-1 of this chapter. No ership Dubuque Program as a program devel-
person shall operate such equipment, howev- oped by the City.
er, with the exception of snow removal equip-
ment, except between the hours of eight Council Member Lynch reported on his at-
o'clock (8:00) a.m. and sunset, Monday tendance, on behalf of the Mayor, at a meeting
through Friday, and nine o'clock (9:00) a.m. to of a newiy formed group called Trees Forever.
sunset, Saturday and Sunday.
D. Residential Air Conditioners: Noise Council Member Resnick reported on his
emitted by residential air conditioners shall be attendance to a wake of a citizen of Dubuque
governed by section 6-5-4 of this chapter. who has contributed so much to the communi-
E. Airplanes: Aircraft operations that are ty and wanted to reiterate the request by
controlled specifically by federal law shall be Council Member Jones regarding the flashing
exempt from the prohibition of this chapter. yellow lights.
F. Bells, Chimes: Bells, chimes and similar
devices that signal the time of day and operate CLOSED SESSION
during the daytime hours for a duration of no
longer than five (5) minutes in any given one Motion by Jones to convene in closed ses-
hour period shall be exempt from the prohibi- sion at 8:31 p.m. to discuss pending litigation
tion of sedion 6-5-1 of this chapter. and real estate transfer negotiations pursuant
Sedion 2. This Ordinance takes effed on to Chapter 21.5(1)(c), -Q) Code of lowa. Mayor
publication. Buol stated for the record that the attorney
Passed, approved, and adopted the 6t°day who will consult with City Council on the issues
of February, 2017. to be discussed in the closed session is City
Roy D. Buol, Mayor Attorney Crenna Brumwell. Seconded by Res-
Attest: Trish L. Gleason, Assistant City Clerk nick. Motion carried 7-0.
6. Plastic Bag Reduction Strategy Follow- Upon motion, the City Council reconvened
up: City Manager recommending that a ban, in open session at 9:22 p.m. stating that staff
tax, or fee on single-use plastic bags not be had been given proper diredion.
established and direction is requested regard- There being no further business, upon mo-
ing further staff dedication to voluntary efforts. tion the City Council adjourned at 9:23 p.m.
Motion by Jones to receive and file the docu-
ments and approve the recommendation. Se- /s/Trish L. Gleason, CMC, Assistant City Clerk
conded by Del Toro. After lengthy discussion
by Council, topics included: The use of cloth
bags, personal volunteer ban, positive rein-
forcement, education, re-establishing a task
force and presenting the issue to the newiy
appointed Resilient Community Advisory
Commission. Restate motion by Jones to re-
ceive and file the documents and direct legal
staff to develop options for a ban of single use
plastic bag ordinance. Del Toro declined to
second the motion. Seconded by Rios. Motion
carried 43 with Resnick, Connors, and Del
Toro voting nay.
7. Presentation of FY 2018 Budget Rec-
ommendation: City Manager submitting the
Fiscal Year 2018 Recommended Budget
Transmittal Message and provided a presenta-
tion. Motion by Connors to receive and file.
Seconded by Lynch. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones requested that staff
present at a future meeting the rules and regu-
lations regarding flashing yellow lights and the
Book 147 Special Sessions, February 9 and 13, 2017 48
CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS CITY COUNCIL PROCEEDINGS
SPECIAL SESSION SPECIAL SESSION
OFFICIAL OFFICIAL
Council met in special session at 6:00 p.m. Council met in special session at 6:00 p.m.
on February 9, 2017 in the Historic Federal on February 13, 2017 in the Historic Federal
Building. Building.
Present: Mayor Buol; Council Members Present: Mayor Buol, Council Members
Connors, Del Toro, Jones, Lynch, Resnick, Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Michael Van Milligen Rios; City Manager Michael Van Milligen
Mayor Buol read the call and stated this is Mayor Buol read the call and stated this is
a special session of the City Council called for a special session of the City Council called for
the purpose of discussing various City Fiscal the purpose of discussing various city depart-
Year 2018 departmental budgets. mental fiscal year 2018 budgets.
FISCAL YEAR 2018 DEPARTMENTAL CONSENT ITEMS
BUDGET REVIEW
1. Ratification of Collective Bargaining
Fiscal Year 2018 City departmental budg- Agreements: City Manager recommending
ets were presented by staff from the following approval of three collective bargaining agree-
departments: ments that have already been ratified by the
unions. This includes Teamsters Local Union
Information Services: Chris Kohlmann In- No. 120, Teamsters Local Union No. 120-Bus
formation Services Manager Operators, and the International Union of Op-
City Attorney's Office (Legal) — Crenna erating Engineers, Local #234. Motion by
Brumwell, City Attorney; Jones to receive and file the documents and
City Manager's Office: Teri Goodmann, adopt Resolution No. 50-17 Approving the
Assistant City Manager; Cindy Steinhauser, Agreement Between the City of Dubuque, lo-
Assistant City Manager; Jerelyn O'Connor, wa, and the International Union of Operating
Neighborhood Development Specialist; Cori Engineers, Local #234 and Authorizing the
Burbach, Sustainable Community Coordinator; Mayor to Sign the Agreement; Resolution No.
Randy Gehl, Public Information Officer; Nikki 51-17 Approving the Agreement Between the
Breitsprecker, GIS Coordinator; Jenny Larson, City of Dubuque, lowa, and the Teamsters
Budget Diredor; Randy Peck, Personnel Man- Local Union No. 120 (Bus Operators) and Au-
ager thorizing the Mayor to Sign the Agreement;
City Council: Michael Van Milligen, City and Resolution No. 52-17 Approving the
Manager Agreement Between the City of Dubuque, lo-
City Clerk's Office: Kevin Firnstahl, City wa, and the Teamsters Local Union No. 120
Clerk and Authorizing the Mayor to Sign the Agree-
Cable TV Division: Craig Nowack, Cable ment. Seconded by Resnick. Motion carried 7-
TV Coordinator 0.
The City Council had discussion with the RESOLUTION NO. 50-17
representatives of each department following APPROVING THE AGREEMENT BETWEEN
their respective presentations. THE CITY OF DUBUQUE, IOWA, AND THE
INTERNATIONAL UNION OF OPERATING
There being no further business, the City ENGINEERS, LOCAL#234 AND AUTHORIZ-
Council adjourned at 8:37 p.m. ING THE MAYOR TO SIGN THE AGREE-
MENT
/s/Trish L. Gleason, CMC, Assistant City Clerk Whereas, the Sixty-Fifth General Assembly
adopted the Public Employment Relations Act,
Chapter 20, Code of lowa; 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 International Union of Oper-
ating Engineers, Local #234 is an employee
organization within the meaning of Section 3
Book 147 Special Session, February 13, 2017 49
(4) of the Public Employment Relations Act; adopted the Public Employment Relations Act,
and Chapter 20, Code of lowa; and
Whereas, the International Union of Oper- Whereas, the City of Dubuque is a public
ating Engineers, Local #234 submitted a re- employer within the meaning of Section 3 (1)
quest to bargain collectively on behalf of the of the Public Employment Relations Act; and
employeeswithin its representation; and Whereas, the Teamsters Local Union No.
Whereas, bargaining between the parties 120 is an employee organization within the
has occurred and an agreement has been meaning of Section 3 (4) of the Public Em-
concluded. ployment Relations Act; and
NOW, THEREFORE, BE IT RESOLVED Whereas, the Teamsters Local Union No.
BY THE CITY COUNCIL OF THE CITY OF 120, submitted a request to bargain collective-
DUBUQUE, IOWA: ly on behalf of the employees within its repre-
Section 1. That the terms of the agreement sentation; and
be approved and the Mayor authorized and Whereas, bargaining between the parties
directed to sign the collective bargaining has occurred and an agreement has been
agreement. concluded.
Passed, approved and adopted this 13th NOW, THEREFORE, BE IT RESOLVED
day of February, 2017. BY THE CITY COUNCIL OF THE CITY OF
Roy D. Buol, Mayor DUBUQUE, IOWA:
Attest: Trish L. Gleason, Assistant City Clerk Section 1. That the terms of the agreement
be approved and the Mayor authorized and
RESOLUTION NO. 51-17 direded to sign the colledive bargaining
APPROVING THE AGREEMENT BETWEEN agreement.
THE CITY OF DUBUQUE, IOWA, AND THE Passed, approved and adopted this 13�n
TEAMSTERS LOCAL UNION NO. 120 (BUS day of February, 2017.
OPERATORS) AND AUTHORIZING THE Roy D. Buol, Mayor
MAYOR TO SIGN THE AGREEMENT Attest: Trish L. Gleason, Assistant City Clerk
Whereas, the Sixty-Fifth General Assembly
adopted the Public Employment Relations Act, FISCAL YEAR 2018 DEPARTMENTAL
Chapter 20, Code of lowa; and BUDGET REVIEW
Whereas, the City of Dubuque is a public
employer within the meaning of Section 3 (1) Fiscal Year 2018 City departmental budg-
of the Public Employment Relations Act; and ets were presented by staff from the following
Whereas, the Teamsters Local Union No. departments:
120 (Bus Operators) is an employee organiza-
tion within the meaning of Section 3 (4) of the Library: Susan Henricks, Library Director
Public Employment Relations Act; and Planning Services: Laura Carstens, Plan-
Whereas, the Teamsters Local Union No. ning Services Manager
120 (Bus Operators), submitted a request to Finance Department: Jean Nachtman, Fi-
bargain collectively on behalf of the employees nance Director
within its representation; and Human Rights Department: Kelly Larson,
Whereas, bargaining between the parties Human Rights Director
has occurred and an agreement has been Airport: Robert Gierson, Airport Manager
concluded. Health Services: Mary Rose Corrigan, Pub-
NOW, THEREFORE, BE IT RESOLVED lic Health Specialist
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: The City Council had discussion with the
Section 1. That the terms of the agreement representative of each department following
be approved and the Mayor authorized and their respective presentations.
direded to sign the colledive bargaining Speaking during the Planning Services
agreement. public hearing were commissioners David
Passed, approved and adopted this 13t° of Klavitter, 1090 West 3rd St. and Leslie Terry,
February, 2017. 390 Hill St., who spoke in favor of an interpre-
Roy D. Buol, Mayor tive sign project and an economic impact study
Attest: Trish L. Gleason, Assistant City Clerk for historic preservation to be considered for
the fiscal year 2018 budget. Commissioners
RESOLUTION NO. 52-17 provided Council with handouts.
APPROVING THE AGREEMENT BETWEEN Connors requested to have Planning Ser-
THE CITY OF DUBUQUE, IOWA, AND THE vices Improvement Package 2 of 3 — Funding
TEAMSTERS LOCAL UNION NO. 120 AND for Planning Technician to attend ESRI
AUTHORIZING THE MAYOR TO SIGN THE GeoDesign Summit, pulled for reconsideration
AGREEMENT at a later meeting
Whereas, the Sixty-Fifth General Assembly .
Book 147 Special Session, February 16, 2017 50
Rios requested to revisitthe Library budge CITY OF DUBUQUE, IOWA
and have Improvement Package 5 of 11 — CITY COUNCIL PROCEEDINGS
Replacement of seven exterior canopy lights;
Improvement Package 9 of 11 — Funding for a SPECIAL SESSION
third Friday, Children's Summer Reading Pro- OFF�C�QL
gram; and Improvement Package 10 of 11 —
Funding to host an early-readers book group Council met in special session at 6:00 p.m.
pulled for reconsideration at a later meeting. on February 16, 2017 in the Historic Federal
Del Toro requested to have the Airport De- guilding.
partment Improvement Package 1 of 3 Fund-
ing for additional marketing pulled for recon- present: Mayor Buol, Council Members
sideration at a later meeting. Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Michael Van Milligen
There being no further business, the City
Council adjourned at 9:13 p.m. Mayor Buol read the call and stated this is
a special session of the City Council called for
/s/Trish L. Gleason, CMC, Assistant City Clerk the purpose of discussing various City De-
partmental Fiscal Year 2018 budgets.
CONSENTITEMS
Motion by Lynch to receive and file the
documents, adoptthe resolutions, and dispose
of as indicated. Seconded by Resnick. Motion
carried 7-0.
1. Approval of the Agreement Between the
Dubuque Professional Firefighters Association,
Local #25 and the City of Dubuque: City Man-
ager recommending approval of a collective
bargaining agreement with the Dubuque Pro-
fessional Firefighters Association Local #25
that has already been ratified by the union
membership. Upon motion the documents
were received and filed and Resolution No. 53-
17 Approving the Agreement Between the City
of Dubuque, lowa, and Dubuque Professional
Firefighters Association, Local#25 and Author-
izing the Mayor to Sign the Agreement was
adopted.
RESOLUTION NO. 53-17
APPROVING THE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA, AND
DUBUQUE PROFESSIONAL FIREFIGHT-
ERS ASSOCIATION, LOCAL #25 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 lowa; 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 #25, is an employ-
ee organization within the meaning of Section
3 (4) of the Public Employment Relations Act;
and
Whereas, the Dubuque Professional Fire-
fighters Association, Local #25, submitted a
request to bargain colledively on behalf of the
Book 147 Special Session, February 16, 2017 51
employees within its representation; and the Fiscal Year 2018 City Budget on March 7,
Whereas, bargaining between the parties 2018.
has occurred and an agreement has been Section 2. That the Community Develop-
concluded. ment Block Grant Fiscal Year 2018 (Program
NOW, THEREFORE, BE IT RESOLVED Year 2017) Annual Adion Plan, shall be in-
BY THE CITY COUNCIL OF THE CITY OF cluded in the Five Year Consolidated Plan for
DUBUQUE, IOWA: the use of Community Development Block
Section 1. That the terms of the agreement Grant Funds for Fiscal Year 2016-2020.
be approved and the Mayor authorized to sign Sedion 3. The City Manager is hereby au-
the collective bargaining agreement. thorized and directed to prepare and submit to
Passed, approved and adopted this 16t° the United States Department of Housing and
day of February, 2017. Urban Development the Fiscal Year 2018
Roy D. Buol, Mayor (Program Year 2017) Annual Action Plan with
all related documents for the use of Communi-
Attest: Trish L. Gleason, Assistant City Clerk ty Development Block Grant funds based on
this adopted budget and execute standard
PUBLIC HEARING contracts and agreements.
Passed, approved and adopted this 16�n
1. Community Development Block Grant- day of February, 2017.
Fiscal Year 2018 Annual Adion Plan: Motion Roy D. Buol, Mayor
by Jones to receive and file the documents, Attest: Trish L. Gleason, Assistant City Clerk
conduct the public hearing and adopt Resolu-
tion No. 54-17 Adopting the Fiscal Year 2018 FISCAL YEAR 2018 DEPARTMENTAL
(Program Year 2017) Community Develop- BUDGET REVIEW
ment Block Grant (CDBG) Annual Action Plan.
Seconded by Connors. Housing Assistance Fiscal Year 2018 City departmental budg-
Specialist Erica Haugen provided a slide ets were presented by staff from the following
presentation on the activities and budget of the departments:
Community Block Grant Annual Action Plan.
Motion carried 7-0. Housing & Community Development De-
partment: Alvin Nash, Housing and Community
RESOLUTION NO. 54-17 Development Director; Erica Haugen, Housing
ADOPTING THE FISCAL YEAR 2018 (PRO- Assistance Specialist
GRAM YEAR 2017) COMMUNITY DEVEL- Transit Division: Candace Eudaley-
OPMENT BLOCK GRANT (CDBG) ANNUAL Loebach, Transit Manager
ACTION PLAN Parking Division: Maurice Jones, Economic
Whereas, the City of Dubuque has, Development Director
through a series of public meetings and hear- Economic Development Department: Mau-
ings, proposed a Fiscal Year 2018 (Program rice Jones, Economic Development Director
Year 2017) Community Development Block
Grant Annual Action Plan addressing housing The City Council had discussion with the
and non-housing needs in the community; and representative of each department following
Whereas, copies of the draft Fiscal Year their respective presentations.
2018 (Program Year 2017) CDBG Annual Ac- Following the Housing and Community De-
tion Plan have been available for public com- velopment budget presentation, first-time
ment 30 days prior to City Council action; and homebuyer Paula Barton; Kristal Jenery, 436
Whereas, the City's Community Develop- Bluff St.; and Kathy Bolen, participant of the
ment Advisory Commission has reviewed and Lead and Healthy Homes Program, provided
recommended adoption of an Annual Action testimonials.
Plan following a public hearing on January 20, Following the Transit Division budget
2017; and presentation, Council Member Jones request-
Whereas, the City Council has held a pub- ed to have the Transit Division Improvement
lic hearing on the proposed plan on February Package 1 of 2 - Funding for Route and
16, 2017 following a 30-day public comment Schedule Changes, pulled for reconsideration
period. at a later meeting. Maddie Musshafen, Engi-
NOW, THEREFORE, BE IT RESOLVED neer at John Deere; Judy Perry, 250 W. 6t°St.;
BY THE CITY COUNCIL OF THE CITY OF Lana Wood, Project Hope Coordinator with the
DUBUQUE, IOWA: Community Foundation of Greater Dubuque;
Section 1. That the Community Develop- Samaria Neely, Outreach Coach for NICC;
ment Block Grant Fiscal Year 2018 (Program Steve Drahozal, 683 W. 11t° St; Nina Erba,
Year 2017) Annual Action Plan, attached here- 672 '/� Central Ave; Emily Day, Loras College
to as Exhibit A and by this reference made a Student Body Representative;
part hereof, is hereby adopted for inclusion in
Book 147 Regular Session, February 20, 2017 52
Carrie Lohrmann, Transit Advisory Board CITY OF DUBUQUE, IOWA
Member; Deshaun Madkins, Junior Repre- CITY COUNCIL PROCEEDINGS
sentative of the Student Government Associa-
tion at the University of Dubuque and Diversity REGULAR SESSION
Chair; R.R.S. Stewart, Vice Chair of the Trans- OFF�C�QL
it Advisory Board; Paul Schultr, 1008 Victoria
St., all spoke in favor of extending the hours The Dubuque City Council met in regular
and routes of the Jule Transit Division. session at 6:00 p.m. on February 20, 2017 in
Shirley Shannon of DuRide provided a his- the Historic Federal Building, 350 W. 6�n
tory and successes of the DuRide program Street.
and thanked Council.
Following the Economic Development De- present: Mayor Buol; Council Members
partment budget presentation, Mayor Buol Connors, Del Toro, Jones, Lynch, Resnick,
requested to have the Economic Development Rios; City Manager Van Milligen, City Attorney
Department Improvement Package 1 of 5 — Brumwell
Funding to increase the Arts and Cultural Af-
fairs Coordinator from part-time to full-time, Mayor Buol read the call and stated this is
pulled for reconsideration at a later meeting. a regular session of the City Council called for
Rick Dickinson, Executive Diredor of the the purpose of conducting such business that
Greater Dubuque Development Corporation, may properly come before the City Council.
addressed Council Members' concerns and
spoke of the relationship GDDC has with each pLEDGE OF ALLEGIANCE
department that presented.
Kate Larson, 2535 Traut Ter.; Amy Ress- CONSENT ITEMS
ler, 1505 Fairview PI.; Lana Wood, 610 Cooper
PI., spoke in support of increasing the Arts and Motion by Lynch to receive and file the
Cultural Affairs Coordinator from part-time to documents, adoptthe resolutions, and dispose
full-time. of as indicated. Seconded by Resnick. Motion
Dan LoBianco, Dubuque Main Street, spoke in carried 7-0.
support of the Economic Development De-
partment and the impact of the arts on social 1. Minutes and Reports Submitted: City
capital. Council Proceedings of 1/17, 1/30, 2/6, 2/9,
2/13; Community Development Advisory
There being no further business, upon mo- Commission of 1/24; Five Flags Civic Center
tion the City Council adjourned at 8:55 p.m. Advisory Commission of 2/6; Library Board of
Trustees of 12/15/16; Parks and Recreation
Trish L. Gleason, CMC, Assistant City Clerk Advisory Commission of 1/10; Proof of Publi-
cation for City Council Proceedings of 1/17;
Proof of Publication for List of Claims and
Summary of Revenues Month Ending
12/31/16. Upon motion the documents were
received and filed.
2. 2016 Aquatic Facility Evaluation Report:
City Manager transmitting the 2016 Aquatics
Facility Evaluation completed by MSA Profes-
sional Services and Water Technology, Inc.
Upon motion the documents were received
and filed.
3. Certified Local Governments (CLG) An-
nual Report: City Manager recommending
approval of the 2016 Certified Local Govern-
ment Annual Report for the City of Dubuque as
required by the State Historical Society of lo-
wa. Upon motion the documents were re-
ceived,filed and approved.
Book 147 Regular Session, February 20, 2017 53
4. Golf Cart Lease: City Manager recom- BBVA Compass Birmingham, Alabama,
mending approval of a 5-year lease with Harris $100,000
Golf Carts for 60 Yamaha golf carts for the Hometown Bank, Fond du Lac, Wisconsin,
Bunker Hill Golf Course. Upon motion the doc- $250,000
uments were received,filed and approved. Passed, approved and adopted this 20�n
day of February 2017.
5. Authorized Depository Institutions: City Roy D. Buol, Mayor
Manager recommending approval of a resolu- Attest: Kevin S. Firnstahl, City Clerk
tion adding DuTrac Community Credit Union
as an authorized depository institution for the 6. Upper Bee Branch Creek Restoration
City of Dubuque, which will allow DuTrac to bid Project & Pump Station Agreement: City Man-
on City of Dubuque checking, savings, money ager recommending approval of an agreement
market or certificate of deposit accounts. Upon whereby the City of Dubuque wnuld, as part of
motion the documents were received and filed the Upper Bee Branch Creek Restoration Pro-
and Resolution No. 55-17 Naming Deposito- ject, replace the existing gravity sanitary sewer
ries was adopted. service lateral at 525 East 19t° Street with a
private sanitary sew�r pump station and asso-
RESOLUTION NO. 55-17 ciated force main discharge pipe located in the
RESOLUTION NAMING DEPOSITORIES Pine Street right-of-way. Upon motion the doc-
Whereas, Chapter 12C2 of the 2201 Code uments were received and filed and Resolution
of lowa states that the approval of a financial No. 56-17 Approving an Agreement Between
institution as a depository shall be by written the City of Dubuque, lowa and B & M Proper-
resolution or order which shall be entered of ties&Storage, LLC was adopted.
record in the minutes of the approving board,
and which shall distinctly name each deposito- RESOLUTION NO. 56-17
ry approved, and specify the maximum amount APPROVING AN AGREEMENT BETWEEN
which may be kept on deposit in each deposi- THE CITY OF DUBUQUE, IOWA AND B 8. M
tory; and PROPERTIES&STORAGE, LLC
Whereas, this procedure is required if a fi- Whereas, the City of Dubuque is party to
nancial institution changes its name or home an Agreement with B & M Properties & Stor-
office location, if the maximum amount is age, LLC, whereby the City of Dubuque wnuld,
changed, or if a financial institution is added or as part of the Upper Bee Branch Creek Resto-
deleted. ration Project, replace the existing gravity sani-
NOW, THEREFORE, BE IT RESOLVED tary sewer service lateral at 525 East 19th
BY THE CITY COUNCIL OF THE CITY OF Street with a private sanitary sewer pump sta-
DUBUQUE, IOWA: tion and associated force main discharge pipe
Sedion 1. That the following financial insti- located in the Pine Street right of way; and
tutions are approved to be depositories of the Whereas, the City of Dubuque would own
City of Dubuque, lowa funds in conformance and maintain said sanitary sewer pump station
with all applicable provisions of the 2001 lowa and associated force main discharge pipe after
Code Chapter 12C.2. The City Treasurer is the project has been completed, inspected and
hereby authorized to deposit City of Dubuque, accepted by the City Council; and
lowa funds in amounts not to exceed the max- Whereas, B & M Properties & Storage,
imum approved for each respective financial LLC wnuld pay all electricity usage costs as-
institution as set out below. sociated with the operation of the pump station
Depository Name, Location of Home Office, unit in perpetuity; and
Maximum Balance Whereas, B & M Properties & Storage,
American Trust&Savings Bank, Dubuque, LLC, has executed the Agreement.
lowa, $60,000,000 NOW, THEREFORE, BE IT RESOLVED
DubuqueBank&TrustCompany, Dubuque, BY THE CITY COUNCIL OF THE CITY OF
lowa, $60,000,000 DUBUQUE, IOWA:
U.S. Bank, Minneapolis, Minnesota, Section 1. The Agreement attached hereto
$40,000,000 is hereby approved.
Dupaco Community Credit Union, Dubuque, Section 2. The City Manager is authorized
lowa, $20,000,000 and directed to execute the Agreement on
DuTrac Community Credit Union, Dubuque, behalf of the City of Dubuque
lowa, $20,000,000 Passed, approved, and adopted this 20�n
Premier Bank, Dubuque, lowa, $20,000,000 day of February, 2017.
East Dubuque Savings Bank, Dubuque, lowa, Roy D. Buol, Mayor
$20,000,000 Attest: Kevin S. Firnstahl, City Clerk
Fidelity Bank&Trust, Dyersville, lowa,
$40,000,000
Book 147 Regular Session, February 20, 2017 54
7. 2016 Pavement Marking Project Ac- ago, Dominican Republic: City Manager rec-
ceptance: City Manager recommending ac- ommending approval for the Mayor and the
ceptance of the public improvement construc- City Manager to execute a Memorandum of
tion contract for the 2016 Pavement Marking Understanding between the Town Hall of the
Project, as completed by SELCO, Inc. Upon Municipality of Santiago and the City of Dubu-
motion the documents were received and filed que. Upon motion the documents were re-
and Resolution No. 57-17 Accepting the 2016 ceived,filed and approved.
Pavement Marking Project and authorizing the
payment to the contractor was adopted. 9. Urban Revitalization Applications for
Calendar Year 2016: City Manager recom-
RESOLUTION NO. 57-17 mending approval of a Resolution approving
ACCEPTING THE 2016 PAVEMENT MARK- property tax abatement applications for 18
ING PROJECT AND AUTHORIZING THE residential properties and 3 commercial prop-
PAYMENT TO THE CONTRACTOR erties in recognized Urban Revitalization Are-
Whereas, the public improvement contract as, and authorizing transmittal to the City As-
for the 2016 Pavement Marking Project (the sessor for final review and determination of the
Project) has been completed by the Contrac- amount of property tax abatement. Upon mo-
tor, Midwest Concrete, Inc. (Contractor), the tion the documents were received and filed
City Engineer has examined the work and rec- and Resolution No. 58-17 Approving Property
ommends that the Project be accepted; and Tax Abatement Applications Submitted by
Whereas, the final contract amount for the Property Owners in Recognized Urban Revital-
Project is$114,667.13; and ization Areas and Authorizing the Transmittal
Whereas, the Contractor has previously of the Approved Applications to the City Tax
been paid $108,933.77, leaving a balance of Assessorwasadopted.
$5,733.36; and
Whereas, the City Council finds that the RESOLUTION NO. 58-17
recommendation of the City Engineer should APPROVING PROPERTY TAX ABATEMENT
be accepted. APPLICATIONS SUBMITTED BY PROPER-
NOW, THEREFORE, BE IT RESOLVED TY OWNERS IN RECOGNIZED URBAN RE-
BY THE CITY COUNCIL OF THE CITY OF VITALIZATION AREAS AND AUTHORIZING
DUBUQUE, IOWA: THE TRANSMITTAL OF THE APPROVED
Section 1. The recommendation of the City APPLICATIONS TO THE CITY TAX ASSES-
Engineer is approved and the Projed is hereby SOR
accepted. Whereas, Chapter 404 of the Code of lo-
Section 2. The Finance Director is hereby wa, the Urban Revitalization Act, permits cities
directed to pay to the Contractor the balance to abate property taxes for improvements
of the retainage of $5,733.36 as provided in made to properties in designated revitalization
lowa Code chapter 573, and to pay such re- areas; and
tainage in accordance with the provisions of Whereas, the Urban Revitalization Act re-
lowa Code chapter 573 or lowa Code chapter quires property owners to submit a written
26.13. application for abatement by February 1 of the
Passed, approved and adopted this 20t° assessment year for which the abatement is
day of February, 2017. first claimed, and further requires the City
Roy D. Buol, Mayor Council to approve all applications that meet
Attest: Kevin S. Firnstahl, City Clerk the requirements of the adopted Urban Revi-
talization Plan and forward the approved appli-
CITY ENGINEER'S CERTIFICATE OF FINAL cations to the City Assessor for review by
COMPLETION OF THE 2016 PAVEMENT March 1 of each year; and
MARKING PROJECT Whereas, pursuant to the requirements of
The undersigned City Engineer of the City said Urban Revitalization Ad, the following
of Dubuque, lowa, hereby certifies that he has Urban Revitalization Areas were established:
inspected the 2016 Pavement Marking Project, Upper Main, Jackson Park, Washington
and that said Project has been performed in Neighborhood, West 11t° Street, Langworthy,
compliance with the terms of the Public Im- Cathedral, Old Main, Kunkel & Associates,
provement Contract, and that the total cost of Lange Estates; and
the completed work is$114,667.13. Whereas, the City of Dubuque, as of Feb-
Dated this 10t°day of February, 2017. ruary 1, 2016, received residential tax abate-
/s/Gus Psihoyos, City Engineer ment applications from the following property
Filed in the office of the City Clerk on the owners in the aforementioned urban revitaliza-
10t°day of February, 2017. tion districts eligible for 10 year 100% abate-
/s/Trish L. Gleason, Assistant City Clerk ment;
Upper Main Urban Revitalization Area, es-
8. Memorandum of Understanding - Santi- tablished August 21, 1995
Book 147 Regular Session, February 20, 2017 55
140 Loras Boulevard, Jaeger&Jaeger, LLC g. For the seventh year, fifty percent
Jackson Park Urban Revitalization Area, es- h. For the eighth year, forty-five percent
tablished Odober 6, 1980 i. For the ninth year, forty percent
1576 Locust St, 1576 W Landlord LLC j. For the tenth year, thirty-five percent
324 W Locust St,Weaver Castle, LLC k. For the eleventh year, thirty percent
326 W Locust St,Weaver Castle, LLC I. For the twelfth year, twenty-five percent
Washington Neighborhood Urban Revitaliza- m. For the thirteenth year, twenty percent
tion Area, established March 2007 n. For the fourteenth year, twenty percent
1461 Jackson St, Community Housing Initia- o. For the fifteenth year, twenty percent
tives (CHI) Kunkel & Associates Urban Revitalization
1513 Washington St, Community Housing Area, established January 2015
Initiatives(CHI) 401 Data Court, Kunkel Properties, LLC;
1629 Washington St, Hilary Dalton and
1631 Jackson St, Robert&Erin Daughers Whereas, the Housing and Community
1656 Jackson, Paula Unsen Development Department has reviewed the
1812 Central Ave (Multifamily), Richard Taft above-described applications and inspected
1812 LLC the properties, and has determined the appli-
1849 Jackson St, Community Housing Initia- cations and the improvements conform to all
tives (CHI) requirements of the City of Dubuque's Urban
2073 Jackson St, Josh Weiland Revitalization Plans.
2139 Jackson, Community Housing Initia- NOW THEREFORE, BE IT RESOLVED
tives (CHI) BY THE CITY COUNCIL OF THE CITY OF
308 E. 22od St, Community Housing Initia- DUBUQUE, IOWA:
tives (CHI) Sedion 1. That the above-described tax
West 11t° Street Urban Revitalization Area, abatement applications meet the requirements
established March, 1981 of the City of Dubuque's Urban Revitalization
920 & 922 Center Place, Bruce & Renae Plans.
Bettcher Sedion 2. That the above-described tax
Langworthy Urban Revitalization Area, es- abatement applications are hereby approved
tablished December, 2002 by the City Council, subject to the review and
1148 Langworthy St, Kevin Cassill & Melissa approval of the City Assessor.
Daykin Cassill Sedion 3. That the City Clerk is hereby au-
490 Alpine St, Patrick&Amy Greener thorized and directed to forward the above-
Lange Estates described tax abatement applications to the
3275 Pennsylvania Ave, Applewnod IV, LLC; City Assessor.
and Passed, approved and adopted this 20�n
Whereas, the City of Dubuque, as of Feb- day of February, 2017.
ruary 1, 2016, received commercial tax Roy D. Buol, Mayor
abatement applications from the following Attest: Kevin S. Firnstahl, City Clerk
property owners in the Washington Neighbor-
hood Urban Revitalization District eligible for 3 10. Transfer of Deed - 595 Angella Street:
year 100% abatement; City Manager recommending approval to
Washington Neighborhood Urban Revitali- amend the contract for sale of the property at
zation Area, established March 2007 595 Angella Street. Upon motion the docu-
1812 Central Ave (Storefronts), Richard ments were received and filed and Resolution
Taft 1812 LLC No. 59-17 Approving an Amendment to the
422 & 430 Garfield Ave, Robert F Klauer; Land Contrad Between the City of Dubuque,
and lowa and Craig Nesteby was adopted.
Whereas, the City of Dubuque, as of Feb-
ruary 1, 2016, received commercial/industrial RESOLUTION NO. 59-17
tax abatement application from the following APPROVING AN AMENDMENT TO THE
property owner in the Kunkel and Associates LAND CONTRACT BETWEEN THE CITY OF
urban Revitalization district, eligible for a par- DUBUQUE, IOWA AND CRAIG NESTEBY
tial exemption equal to a percent of the actual Whereas, the City of Dubuque (City) and
value added by the improvements over a peri- Craig Nesteby (Buyer) entered into a Land
od of 10 years as follows: Contract, recorded on September 1, 2016 as
a. For the first year, eighty percent document 2016-00011433, for the purchase of
b. For the second year, seventy-five per- 595 Angella, legally described as Lot 21 of
cent Quigley's Subdivision of Out Lot 709 in the
c. For the third year, seventy percent City of Dubuque, lowa (the Property); and
d. For the fourth year, sixty-five percent Whereas, the parties desire to amend the
e. For the fifth year, sixty percent Land Contract with respect to the closing date
f. For the sixth year, fifty-five percent and insurance requirements; and
Book 147 Regular Session, February 20, 2017 56
Whereas, the City Council of the City of alcohol compliance violation for Kwik Stop
Dubuque finds that the City of Dubuque should #300, 1215 East 16t° Street. Upon motion the
approve to the Amendment to Land Contract. documents w�re received, filed and approved.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF 16. Alcohol License Applications: City
DUBUQUE, IOWA: Manager recommending approval of annual
Section 1. The City Council of the City of beer, liquor and wine licenses as submitted.
Dubuque hereby approves the Amendment to Upon motion the documents were received
Land Contract, a copy of which is attached and filed and Resolution No. 60-17 Approving
hereto. applications for beer, liquor, and/or wine per-
Section 2. The Mayor is authorized and di- mits, as required by City of Dubuque Code of
rected to sign the Amendment to Land Con- Ordinances Title 4 Business and License Reg-
tract of behalf of the City of Dubuque. ulations, Chapter 2 Liquor Control, Article B
Section 3. The City Clerk is hereby author- Liquor, Beer and Wine Licenses and Permits
ized and directed to record the Amendment was adopted.
with the Dubuque County Recorder.
Passed, approved and adopted this 20t° RESOLUTION NO. 60-17
day of February, 2017. APPROVING APPLICATIONS FOR BEER,
Roy D. Buol, Mayor LIQUOR, AND/OR WINE PERMITS, AS RE-
Attest: Kevin S. Firnstahl, City Clerk QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
11. Miller Riverview Campground Opera- CENSE REGULATIONS, CHAPTER 2 LIQ-
tions and Fee Recommendations: City Man- UOR CONTROL, ARTICLE B LIQUOR,
ager recommending approval of changes to BEER AND WINE LICENSES AND PERMITS
the Miller Riverview Campground operations Whereas, applications for Beer, Liquor,
related to both management and fees. Upon and or Wine Permits have been submitted and
motion the documents were received, filed and filed with the City Council for approval and the
approved. same have been examined and approved; and
Whereas, the premises to be occupied by
12. lowa Department of Transportation such applicants were inspected and found to
(IDOT) Notification of Project Bid Letting: Cor- comply with the Ordinances of the City and the
respondence from the lowa Department of applicants have filed the proper fees and
Transportation (IDOT) informing the City that it bonds and otherwise complied with the re-
will bid a US 20 Interchange Ramps Project quirements of the Code of Ordinances.
during the 2017 construdion season. Upon NOW, THEREFORE, BE IT RESOLVED
motion the documents were received and filed. BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
13. Mediacom Communications Company: Section 1. The City Clerk is hereby author-
Correspondence from Lee Grassley, Senior ized and directed to cause to be issued the
Manager of Government Relations for Media- noted permit types to the following applicants
com Communications Company, informing the pending submission of the locally required
City of programming changes implemented on documentation:
or about February 16, 2017. Upon motion the Renewals
document was received and filed. Club Rondavoo, 1850 Central Ave., Class C
Liquor(Sunday)
14. Tobacco Compliance—Civil Penalty for Dubuque Mining Co., 555 JFK Rd. Suite 600,
Tobacco License Holder — Kwik Stop #300: Class C Liquor(Outdoor) (Sunday)
City Manager recommending approval of the Dungeon, 302 Locust St., Class C Liquor
AcknowledgemenUSettlement Agreement for a (Sunday)
tobacco compliance violation for Kwik Stop Hammerhead's Bar & Billiards, 2095 Kerper
#300, 1215 East 16t° Street. Upon motion the Blvd., Class C Liquor (Sunday)
documents w�re received, filed and approved. Hartig Drug Company #8, 1600 University
Ave., Class E Liquor, Class B Wine, Class C
15. Alcohol Compliance Civil Penalty for Beer(Sunday)
Alcohol License Holder— Kwik Stop#300: City Northside Bar, 2776 Jackson St., Class C Liq-
Manager recommending approval of the Ac- uor(Outdoor) (Sunday)
knowledgmenUSettlement Agreement for an The Clubhouse, 2364 Washington St., Class C
Liquor(Sunday)
Town Clock Inn, 799 Main St., Class C Liquor
Special Events
Opening Doors, 3-4-17, 105 E. 15t° St., Class
B Beer
America's River Corporation
Book 147 Regular Session, February 20, 2017 57
6-7-17, 501 Bell St., Class C Liquor(Outdoor) be heard for or against the proposed plans and
Addina a Privileae specifications, form of contract and estimated
The Clubhouse, 2364 Washington St., Adding cost of said Project, and the City Clerk be and
Sunday sales is hereby directed to cause the attached notice
Passed, approved and adopted this 20t° of the time and place of such hearing to be
day of February, 2017. published in a newspaper having general cir-
Roy D. Buol, Mayor culation in the City of Dubuque, lowa, which
Attest: Kevin S. Firnstahl, City Clerk notice shall be published not less than four
days nor more than twenty days prior to the
ITEMS SET FOR PUBLIC HEARING date of such hearing. At the hearing, any inter-
ested person may appear and file objections to
Motion by Lynch to receive and file the the proposed plans, specifications, form of
documents, adopt the resolutions, set the pub- contract, or estimated cost of the Project.
lic hearings as indicated, and dired the City The SRF Green Alley Bid Set 4 —Year 3
Clerk to publish notice as prescribed by law. Project is hereby ordered to be advertised for
Seconded by Connors. Motion carried 7-0. bids for construction.
1. SRF Green Alley Project Bid Set 4 - The amount of the security to accompany
Year 3 Project Initiation: City Manager recom- each bid shall be in an amount which shall
mending initiation of the public bidding proce- conform to the provisions of the Notice to Bid-
dure for the SRF Green Alley Bid Set 4—Year ders hereby approved.
3 Project, and further recommends that a pub- The City Clerk is hereby directed to adver-
lic hearing be set for March 20, 2017. Upon tise for bids for the construction of the im-
motion the documents were received and filed provements herein provided, by publishing the
and Resolution No. 61-17 Preliminary approval attached Notice to Bidders to be published in
of plans, specifications, form of contract, and the Master Builders of lowa Plan Room, The
estimated cost; setting date of public hearing Construction Update Network and posted on
on plans, specifications, form of contract, and the City of Dubuque website at
estimated cost; and ordering the advertise- wvw�.citvofdubuaue.ora/bids. Publication will
ment for bids; Resolution No. 62-17 Approving occur not less than thirteen but not more than
the preliminary plats, schedule of assessments forty-five days before the date for filing bids
and estimate of total cost for the SRF Green before 2:00 p.m. on the 23rd day of March,
Alley Bid Set 4 - Year 3 Project; Resolution 2017. Bids shall be opened and read by the
No. 63-17 Resolution of Necessity for the SRF City Clerk at said time and will be submitted to
Green Alley Bid Set 4 - Year 3 Project; and the City Council for final action at 6:00 p.m. on
Resolution No. 64-17 Fixing the date of public the 3rd day of April, 2017, in the Historic Fed-
hearing on Resolution of Necessity were eral Building Council Chambers (second floor),
adopted setting a public hearing for a meeting 350 West 6t°Street, Dubuque, lowa.
to commence at 6:00 p.m. on March 20, 2017 Passed, approved and adopted this 20�n
in the Historic Federal Building. day of February, 2017.
Roy D. Buol, Mayor
RESOLUTION NO. 61-17 Attest: Kevin S. Firnstahl, City Clerk
SRF GREEN ALLEY BID SET 4 YEAR 3
PROJECT PRELIMINARY APPROVAL OF RESOLUTION NO. 62-17
PLANS, SPECIFICATIONS, FORM OF CON- APPROVING THE PRELIMINARY PLATS,
TRACT, AND ESTIMATED COST; SETTING SCHEDULE OF ASSESSMENTS AND ESTI-
DATE OF PUBLIC HEARING ON PLANS, MATE OF TOTAL COST FOR THE SRF
SPECIFICATIONS, FORM OF CONTRACT, GREEN ALLEY BID SET 4 - YEAR 3 PRO-
AND ESTIMATED COST; AND ORDERING JECT
THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
DUBUQUE, IOWA: That the attached preliminary plats, sched-
The proposed plans, specifications, form of ule of assessments, and estimate of total cost
contract and estimated cost for the SRF Green for the SRF Green Alley Bid Set 4 — Year 3
Alley Bid Set 4—Year 3 Project in the estimat- Project are hereby approved.
ed amount $825,969.10, are hereby prelimi- Passed, approved and adopted this 20�n
narily approved and ordered filed in the office day of February, 2017.
of the City Clerk for public inspedion. Roy D. Buol, Mayor
A public hearing will be held on the 20t° Attest: Kevin S. Fimstahl, City Clerk
day of March, 2017, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second
floor) 350 W. 6�° Street, Dubuque, lowa, at
which time interested persons may appear and
Book 147 Regular Session, February 20, 2017 58
RESOLUTION NO. 63-17 proved and ordered placed on file with the City
RESOLUTION OF NECESSITY FOR THE Clerk this 20t°day of February, 2017.
SRF GREEN ALLEY BID SET 4 - YEAR 3 Roy D. Buol, Mayor
PROJECT Attest: Kevin S. Firnstahl, City Clerk
Whereas, the plat, preliminary schedule of
assessments, and estimate of total cost for the RESOLUTION NO. 64-17
SRF Green Alley Bid Set 4 — Year 3 Projed FIXING DATE OF PUBLIC HEARING ON
have been duly prepared and approved by the RESOLUTION OF NECESSITY
City Council of the City of Dubuque and or- Whereas, the City Council of the City of
dered placed on file in the office of City Clerk. Dubuque, lowa, has given its preliminary ap-
NOW THEREFORE, BE IT RESOLVED proval to the plat, preliminary schedule of as-
BY THE CITY COUNCIL OF THE CITY OF sessments, and estimated total cost for the
DUBUQUE, IOWA: SRF Green Alley Bid Set 4 — Year 3 Projed
The SRF Green Alley Bid Set 4 - Year 3 and ordered the plat, schedule of assess-
Project will provide: ments, and estimate of total cost placed on file
Reconstruction of One (1) alley using inter- in the Office of the City Clerk; and
locking concrete pavers Whereas, the proposed Resolution of Ne-
• Removal of the existing alley pavement cessity for Project has been introduced and is
• Excavation of the subgrade to allow the now on file in the Office of the City Clerk.
placement of clean washed stone for a NOW THEREFORE, BE IT RESOLVED
storage medium BY THE CITY COUNCIL OF THE CITY OF
• Installation of a concrete border for the DUBUQUE, IOWA:
brick pavers The City Council will meet on the 20t° day
• Installation of concrete headers at the of March, 2017, at 6:00 p.m. in the Historic
alley intersection with the intersecting Federal Building Council Chambers (second
streets. floor), 350 West 6�° Street, Dubuque, lowa. At
• Reconstruction of the pavement sur- which time the owners of property subject to
face with interlocking concrete pavers assessment for the proposed improvement or
• Lining of the sanitary sewer main any other person having an interest in the mat-
• Inspection of sanitary sewer laterals ter may appear and be heard for or against the
• Replacement of water main valves and making of the improvement, the boundaries of
hydrants the district, the cost, the assessment against
• Replacement of lead water services any lot, or the final adoption of a resolution of
with copper water services necessity.
There is on file in the office of the City A property owner will be deemed to have
Clerk an estimated total cost of the wnrk, and �ived all objections unless at the time of
a preliminary plat and schedule showing the hearing the property owner has filed objections
amount proposed to be assessed to each lot With the City Clerk.
for the improvement. The City Clerk be and is hereby authorized
The date, time, and place the council will and directed to cause a notice of the time and
hear property owners subject to the assess- place of such hearing to be published in a
ment and interested parties for or against the newspaper having general circulation in the
improvement, its cost, the assessment, or the City of Dubuque, lowa, which notice shall be
boundaries of the distrid: published once each week for two consecutive
That the City Council deems it advisable Weeks, the first publication of which shall be
and necessary for the public welfare to make not less than ten days prior to the day fixed for
the herein mentioned improvements. its consideration. tn
Unless a property owner files objections Passed, adopted and approved this 20
with the City Clerk at the time of hearing on the day of February, 2017.
resolution of necessity, the property owner is Roy D. Buol, Mayor
deemed to have waived all objections pertain- Attest: Kevin S. Firnstahl, City Clerk
ing to the regularity of the proceeding and the 2. Rustic Point Area Annexation: City Man-
legality of using the special assessment pro- ager recommending that the City Council
cedure. schedule a public hearing for March 20, 2017
Said improvements shall be constructed in on the Rustic Point Area annexation of approx-
accordance with the plans and specifications
which have been approved by the City Council imately 56 acres owned by four property own-
and are now on file in the Office of the City ers: Marlene L. Brimeyer (1.42 acres), Derby
Clerk. The cost of making such improvement Grange LLC (50.4 acres), James F. and Janet
will be assessed against property lying with the M. Kress (2.99 acres), and the City of Dubu-
assessment limits. que (1.35 acres). Upon motion the documents
The above resolution was introduced, ap- Were received and filed and Resolution No. 65-
17 Setting a public hearing on the application
Book 147 Regular Session, February 20, 2017 59
for voluntary annexation of territory to the City 32 Seconds West along said Westerly
of Dubuque, lowa was adopted setting a public right of way line a distance of 506.68 feet
hearing for a meeting to commence at 6:00 to a point on the North line of said Lot 1;
p.m. on March 20, 2017 in the Historic Federal Thence North 88 Degrees O5 Minutes
Building. 36 Seconds East along said North line a
distance of 33.52 feet to the point of be-
RESOLUTION NO. 65-17 ginning, containing 29,337 square feet,
SETTING A PUBLIC HEARING ON AN AP- more or less, and is subject to ease-
PLICATION FOR VOLUNTARY ANNEXA- ments, reservations, restrictions and
TION OF TERRITORY TO THE CITY OF rights of way of record and not of record;
DUBUQUE, IOWA and
Whereas, the City Council of Dubuque has A part of Lot 1 of Lot 1 of Mineral Lot
received written applications from property 549 in Section 16, Township 89 North,
owners for the voluntary annexation of 56 Range 2 East of the 5t° Principal Meridi-
acres of property which includes 5.87 acres of an, in the County of Dubuque, lowa,
County right-of-way located on the northwest more particularly described as follows:
corner of the intersection of John F. Kennedy Beginning at the Northeasterly corner
and Derby Grange Roads with connection to of Lot 1 of Lot 1 of Mineral Lot 459 in
the city of Dubuque by John F. Kennedy Road Sedion 16, Township 89 North, Range 2
right-of-way; and East of the 5t° Principal Meridian, in the
Whereas, Marlene L. Brimeyer, as property County of Dubuque, lowa;
owner has submitted a written application for Thence Southeasterly along the
voluntary annexation of approximately 1.42 Easterly line of said Lot 1 of Lot 1, being
acres of territory lying outside the corporate a circular curve concave to the East, hav-
limits of the City of Dubuque, lowa as shown ing a radius of 955.37 feet, a chord of
on Exhibit A and legally described as: 145.47 feet which bears South 39 De-
A part of Lot 1 of the Subdivision of grees 36 Minutes 48 Seconds East, an
Lot 1 of the Southeast '/a of the South- arc length of 145.61 feet;
west 1/4 of Section 9, Township 89 Thence South 36 Degrees 58
North, Range 2 East of the 5t° Principal Minutes 03 Seconds West along said
Meridian, in the County of Dubuque, lo- Easterly line a distance of 33.40 feet to a
wa, more particularly described as fol- point on the Westerly right of way line of
lows: Kennedy Road;
Beginning at the Northeast corner of Thence Northwesterly along said
Lot 1 of the Subdivision of Lot 1 of the Westerly right of way line, being a circu-
Southeast '/a of the Southwest'/a of Sec- lar curve concave to the East, having a
tion 9, Township 89 North, Range 2 East radius of 988.37 feet, a chord of 177.98
of the 5t° Principal Meridian, in the Coun- feet which bears North 39 Degrees 07
ty of Dubuque, lowa; Minutes 07 Seconds West, an arc length
Thence South 11 Degrees 58 of 17822 feet to a point on the North line
Minutes 32 Seconds East along the East of said Lot 1 of Lot 1;
line of said Lot 1 a distance of 500.82 Thence North 89 Degrees 02 Minutes
feet; 00 Seconds East along said North line a
Thence Southeasterly along a circular distance of 39.63 feet to the point of be-
curve concave to the East, having a radi- ginning, containing 5,344 square feet,
us of 955.37 feet, a chord of 387.07 feet more or less, and is subject to ease-
which bears South 23 Degrees 33 ments, reservations, restrictions and
Minutes 34 Seconds East, an arc length rights of way of record and not of record;
of 389.77 feet to the Southeast corner of and
said Lot 1; A part of Lot 2 the Subdivision of Lot
Thence South 89 Degrees 02 1 of the Southeast'/a of the Southwest'/a
Minutes 00 Seconds West along said of Section 9, Township 89 North, Range
South line a distance of 39.63 feet to a 2 East of the 5t° Principal Meridian, in the
point on the Westerly right of way line of County of Dubuque, lowa, more particu-
Kennedy Road; larly described as follows:
Thence Northwesterly along said Commencing as a point of reference
Westerly right of way line being a circular at the Northwest corner of Lot 2 of the
curve concave to the East, having a radi- Subdivision of Lot 1 of the Southeast '/a
us of 988.37 feet, a chord of 378.50 feet of the Southwest '/a of Section 9, Town-
which bears North 22 Degrees 54 ship 89 North, Range 2 East of the 5�n
Minutes 51 Seconds West, an arc length Principal Meridian, in the County of
of 380.85 feet; Dubuque, lowa;
Thence North 11 Degrees 58 Minutes Thence North 88 Degrees 39 Minutes
Book 147 Regular Session, February 20, 2017 60
26 Seconds East along the North line of Dubuque County, lowa; and
said Lot 2 a distance of 731.49 feet to the Whereas, the City of Dubuque, as property
pointof beginning; owner has submitted a written application for
Thence continuing North 88 Degrees voluntary annexation of approximately 1.35
39 Minutes 26 Seconds East along the acres of territory lying outside the corporate
North line of said Lot 2 a distance of limits of the City of Dubuque, lowa as shown
137.55 feet to the Northeast corner of on Exhibit A and legally described as:
said Lot 2; Lots A, B, C, and D of Goldthorp Place,
Thence Southeasterly along the East in the County of Dubuque, lowa; and
line of said Lot 2, being a circular curve Lot 2A of Lot 1-1-1-1-1-13 of Helen E.
concave to the East, having a radius of and Mary H. Stewart Subdivision, Section
955.37 feet, a chord of 191.31 feet which 16, Township 89 North, Range 2 East of the
bears South 06 Degrees 13 Minutes 07 Fifth Principal Meridian, in the County of
Seconds East, an arc length of 191.63 Dubuque, lowa; and
feet; Lot 1A of Lot 2 of Lot 3 of Helen E. and
Thence South 11 Degrees 58 Mary H. Stewart Subdivision, Section 16
Minutes 32 Seconds East along said Township 89 North, Range 2 East of the
East line a distance of 258.07 feet to the Fifth Principal Meridian, in the County of
Southeast corner of said Lot 2; Dubuque, lowa; and
Thence South 88 Degrees O5 Whereas, the annexation territory is not
Minutes 36 Seconds West along the subject to an existing annexation moratorium
South line of said Lot 2 a distance of agreement and does not include any State or
33.52 feet to a point on the West right of railroad property; and
way line of Kennedy Road; Whereas, the annexation territory does in-
Thence North 11 Degrees 58 Minutes clude Dubuque County right-of-way; and
32 Seconds West along said west right of Whereas, Chapter 368 of the Code of lowa
way line a distance of 279.21 feet; authorizes this annexation by adoption of a
Thence Northwesterly along said resolution and required notification; and
West right of way line, being a circular Whereas, the annexation territory is con-
curve concave to the East having a radi- sistent with the City's Comprehensive Plan;
us of 988.37 feet, a chord of 34.46 feet and
which bears North 10 Degrees 57 Whereas, the future growth and develop-
Minutes 57 Seconds West, an arc length ment of the City of Dubuque, lowa makes it
of 34.46 feet; desirable that the annexation territory be made
Thence North 47 Degrees 24 Minutes part of the City of Dubuque, lowa; and
27 Seconds West along said West right Whereas, the City of Dubuque has the ca-
of way line a distance of 159.58 feet to a pacity to provide substantial municipal services
point on the South right of way line of to the annexation territory; and
Derby Grange Road; Whereas, the annexation is in the public in-
Thence North 02 Degrees 06 Minutes terest.
27 Seconds West a distance of 52.00 NOW THEREFORE, BE IT RESOLVED
feet to the point of beginning, containing BY THE CITY COUNCIL OF THE CITY OF
27,435 square feet, more or less, and is DUBUQUE, IOWA:
subject to easements, reservations, re- A public hearing will be held on the 20�n
strictions and rights of way of record and day of March, 2017, at 6:00 p.m. in the Historic
not of record; and Federal Building Council Chambers (second
Whereas, Derby Grange LLC, as property floor), 350 West 6�° Street, Dubuque, lowa, at
owner has submitted a written application for which time interested persons may appear and
voluntary annexation of approximately 50.4 be heard for or against the proposed annexa-
acres of territory lying outside the corporate tion, and the City Clerk be and is hereby di-
limits of the City of Dubuque, lowa as shown rected to cause the attached notice of the time
on Exhibit A and legally described as: and place of such hearing to be published in a
Lot 1 of Tscharner Place No. 4, Dubuque newspaper having general circulation in the
County, lowa; and City of Dubuque, lowa, which notice shall be
Whereas, James F. & Janet M. Kress, as published not less than fourteen days prior to
property owner has submitted a written appli- the date of such hearing.
cation for voluntary annexation of approxi- Passed, approved and adopted this 20�n
mately 2.99 acres of territory lying outside the day of February, 2017.
corporate limits of the City of Dubuque, lowa Roy D. Buol, Mayor
as shown on Exhibit A and legally described Attest: Kevin S. Firnstahl, City Clerk
as: 3. South Pointe Housing Urban Renewal
The East 153.00 feet of the South 850.00 Area - Resolution of Necessity: City Manager
feet of Lot 2 of Tscharner Place No. 4, recommending approval of a Resolution of
Book 147 Regular Session, February 20, 2017 61
Necessity that finds that an Urban Renewal residential development, and is appropriate for
Plan for the South Pointe Housing Urban Re- an urban renewal project.
newal Area is both necessary and appropriate Section 2. That the development of the
and sets a public hearing for March 20, 2017. South Pointe Housing Urban Renewal Area is
Upon motion the documents were received necessary and appropriate to facilitate the
and filed and Resolution No. 66-17 Resolution proper growth and development of the com-
of Necessity Finding That Certain Property in munity in accordance with sound planning and
and Near the South Pointe Subdivision is an local community objectives.
Economic Development Area and that the De- Section 3. That the development of this ar-
velopment of Said Area is Necessary in the ea will provide new opportunities for quality
Interest of the Residents of the City of Dubu- housing and job creation in the community.
que, lowa, and Setting a Date for Hearing on a Sedion 4. That the City Manager is author-
Proposed Urban Renewal Plan for Said District ized and directed to prepare an Urban Renew-
was adopted setting a public hearing for a al Plan for the South Pointe Housing Urban
meeting to commence at 6:00 p.m. on March Renewal Area, to forward said Plan to the
20, 2017 in the Historic Federal Building. City's Long Range Planning Commission for
review and comment and to begin the consul-
RESOLUTION NO. 66-17 tation process required by law with affected
RESOLUTION OF NECESSITY FINDING taxing entities.
THAT CERTAIN PROPERTY IN AND NEAR Sedion 5. That the City Clerk is directed to
THE SOUTH POINTE SUBDIVISION IS AN publish notice of a public hearing on the adop-
ECONOMIC DEVELOPMENT AREA AND tion of an Urban Renewal Plan for the South
THAT THE DEVELOPMENT OF SAID AREA Pointe Housing Urban Renewal Area to be
IS NECESSARY IN THE INTEREST OF THE held on the 20t° day of March, 2017, at 6:00
RESIDENTS OF THE CITY OF DUBUQUE, p.m. in the Historic Federal Building in Dubu-
IOWA, AND SETTING A DATE FOR HEAR- que, lowa, 350 W. 6t° Street, Dubuque, lowa
ING ON A PROPOSED URBAN RENEWAL and that said notice shall generally identiTy the
PLAN FOR SAID DISTRICT area covered by the Plan and the general
Whereas, the City Council of the City of scope of the Urban Renewal Plan activities
Dubuque has determined that the creation of planned for such area.
the South Pointe Housing Urban Renewal Ar- Sedion 6. That the City Clerk is further di-
ea will stimulate, through public involvement rected to send by ordinary mail a copy of said
and commitment, private investment in new Plan and notice of public hearing to the Dubu-
housing and residential development as de- que Community School District and the County
fined by lowa Code 403.17(12), as described Board of Supervisors, as the affected taxing
in the Urban Renewal Plan; and entities.
Whereas, the City Council has determined Passed, approved and adopted this 20�n
that the area described in Attachment A to this day of February, 2017.
Resolution meets the definition of an economic Roy D. Buol, Mayor
development area as defined in Chapter 403 Attest: Kevin S. Firnstahl, City Clerk
"Urban Renewal"of the lowa Code; and
Whereas, a significant need for housing 4. Five Flags Theater Masonry Rehabilita-
units exists in the community and local re- tion Project Initiation: City Manager recom-
sources are needed to advance the develop- mending preliminary approval of the construc-
ment; and tion plans and specifications and initiate the
Whereas, lowa Code Chapter 403 requires bidding procedure for the Five Flags Theater
that before urban renewal authority may be Masonry Rehabilitation Project and further
exercised, a City Council must adopt a resolu- recommends that a public hearing be set for
tion of necessity finding that the area in ques- March 6, 2017. Upon motion the documents
tion is a slum, blighted or economic develop- were received and filed and Resolution No. 67-
ment area, and that so designating such area 17 Five Flags Theater Masonry Rehabilitation
is necessary in the interest of the public health, Improvement Project; Preliminary Approval of
safety or welfare of the residents of the munic- Plans, Specifications, Form of Contract, and
ipality. Estimated Cost; Setting Date of Public Hearing
NOW, THEREFORE, BE IT RESOLVED on Plans, Specifications, Form of Contract,
BY THE CITY COUNCIL OF THE CITY OF and Estimated Cost; and Ordering the Adver-
DUBUQUE, IOWA: tisement for Bids was adopted setting a public
Section 1. That the proposed South Pointe hearing for a meeting to commence at 6:00
Housing Urban Renewal Area, generally de- p.m. on March 6, 2017 in the Historic Federal
scribed in Attachment A to this Resolution, is Building.
an economic development area as defined by RESOLUTION NO. 67-17
Chapter 403 of the lowa Code, appropriate for FIVE FLAGS THEATER MASONRY REHA-
public improvements related to housing and BILITATION IMPROVEMENT PROJECT
Book 147 Regular Session, February 20, 2017 62
PRELIMINARY APPROVAL OF PLANS, Passed, approved and adopted this 20�n
SPECIFICATIONS, FORM OF CONTRACT, day of February, 2017.
AND ESTIMATED COST; SETTING DATE Roy D. Buol, Mayor
OF PUBLIC HEARING ON PLANS, SPECI- Attest: Kevin S. Firnstahl, City Clerk
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE 5. Ham House Masonry Rehabilitation Pro-
ADVERTISEMENT FOR BIDS ject Initiation: City Manager recommending
NOW THEREFORE, BE IT RESOLVED preliminary approval of the construction plans
BY THE CITY COUNCIL OF THE CITY OF and specifications and initiate the bidding pro-
DUBUQUE, IOWA: cedure for the Ham House Masonry Rehabili-
The proposed plans, specifications, form of tation Project and further recommends that a
contract and estimated cost for the Five Flags public hearing be set for March 6, 2017. Upon
Theater Masonry Rehabilitation Project in the motion the documents were received and filed
estimated amount $239,000, are hereby pre- and Resolution No. 68-17 Ham House Mason-
liminarily approved and ordered filed in the ry Rehabilitation Improvement Project; Prelim-
office of the City Clerk for public inspection. inary Approval of Plans, Specifications, Form
A public hearing will be held on the 6t° day of Contract, and Estimated Cost; Setting Date
of March, 2017, at 6:00 p.m. in the Historic of Public Hearing on Plans, Specifications,
Federal Building Council Chambers (second Form of Contract, and Estimated Cost; and
floor) 350 W. 6t° Street, Dubuque, lowa, at Ordering the Advertisement for Bids was
which time interested persons may appear and adopted setting a public hearing for a meeting
be heard for or against the proposed plans and to commence at 6:00 p.m. on March 6, 2017 in
specifications, form of contract and estimated the Historic Federal Building.
cost of said Projed, and the City Clerk be and
is hereby direded to cause the attached notice RESOLUTION NO. 68-17
of the time and place of such hearing to be HAM HOUSE MASONRY REHABILITATION
published in a newspaper having general cir- IMPROVEMENT PROJECT PRELIMINARY
culation in the City of Dubuque, lowa, which APPROVAL OF PLANS, SPECIFICATIONS,
notice shall be published not less than four FORM OF CONTRACT, AND ESTIMATED
days nor more than twenty days prior to the COST; SETTING DATE OF PUBLIC HEAR-
date of such hearing. At the hearing, any inter- ING ON PLANS, SPECIFICATIONS, FORM
ested person may appear and file objections to OF CONTRACT, AND ESTIMATED COST;
the proposed plans, specifications, form of AND ORDERING THE ADVERTISEMENT
contract, or estimated cost of the Project. FOR BIDS
Five Flags Theater Masonry Rehabilitation NOW THEREFORE, BE IT RESOLVED
Improvement Project is hereby ordered to be BY THE CITY COUNCIL OF THE CITY OF
advertised for bids for construction. DUBUQUE, IOWA:
The amount of the security to accompany The proposed plans, specifications, form of
each bid shall be in an amount which shall contract and estimated cost for the Ham
conform to the provisions of the Notice to Bid- House Masonry Rehabilitation Project in the
ders hereby approved. estimated amount $190,000, are hereby pre-
The City Clerk is hereby directed to adver- liminarily approved and ordered filed in the
tise for bids for the construction of the im- office of the City Clerk for public inspection.
provements herein provided, by publishing the A public hearing will be held on the 6t° day
attached Notice to Bidders to be published in of March, 2017, at 6:00 p.m. in the Historic
the Master Builders of lowa Plan Room, The Federal Building Council Chambers (second
Construdion Update Network and posted on floor) 350 W. 6�° Street, Dubuque, lowa, at
the City of Dubuque w�bsite at which time interested persons may appear and
wvw�.citvofdubuaue.ora/bids. Publication will be heard for or against the proposed plans and
occur not less than thirteen but not more than specifications, form of contract and estimated
forty-five days before the date for filing bids cost of said Project, and the City Clerk be and
before 2:00 p.m. on the 23rd day of March, is hereby directed to cause the attached notice
2017. Bids shall be opened and read by the of the time and place of such hearing to be
City Clerk at said time and will be submitted to published in a newspaper having general cir-
the City Council for final action at 6:00 p.m. on culation in the City of Dubuque, lowa, which
the 3�d day of April, 2017, in the Historic Fed- notice shall be published not less than four
eral Building Council Chambers (second floor), days nor more than twenty days prior to the
350 West 6t° Street, Dubuque, lowa. 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.
Ham House Masonry Rehabilitation Im-
provement Project is hereby ordered to be
Book 147 Regular Session, February 20, 2017 63
advertised for bids for construction. the Derby Grange Road Housing Urban Re-
The amount of the security to accompany newal Area will stimulate, through public in-
each bid shall be in an amount which shall volvement and commitment, private invest-
conform to the provisions of the Notice to Bid- ment in new housing and residential develop-
ders hereby approved. ment as defined by lowa Code 403.17(12), as
The City Clerk is hereby direded to adver- described in the Urban Renewal Plan; and
tise for bids for the construction of the im- Whereas, the City Council has determined
provements herein provided, by publishing the that the area described in Attachment A to this
attached Notice to Bidders to be published in Resolution meets the definition of an economic
the Master Builders of lowa Plan Room, The development area as defined in Chapter 403
Construdion Update Network and posted on "Urban Renewal"of the lowa Code; and
the City of Dubuque website at Whereas, a significant need for housing
vww�.citvofdubuque.orq/bids. Publication will units exists in the community and local re-
occur not less than thirteen but not more than sources are needed to advance the develop-
forty-five days before the date for filing bids ment; and
before 2:00 p.m. on the 23rd day of March, Whereas, lowa Code Chapter 403 requires
2017. Bids shall be opened and read by the that before urban renewal authority may be
City Clerk at said time and will be submitted to exercised, a City Council must adopt a resolu-
the City Council for final action at 6:00 p.m. on tion of necessity finding that the area in ques-
the 3rd day of April, 2017, in the Historic Fed- tion is a slum, blighted or economic develop-
eral Building Council Chambers (second floor), ment area, and that so designating such area
350 West 6t° Street, Dubuque, lowa. is necessary in the interest of the public health,
Passed, approved and adopted this 20t° safety or welfare of the residents of the munic-
day of February, 2017. ipality.
Roy D. Buol, Mayor NOW, THEREFORE, BE IT RESOLVED
Attest: Kevin S. Firnstahl, City Clerk BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
6. Derby Grange Road Housing Urban Re- Sedion 1. That the proposed Derby
newal Plan - Resolution of Necessity: City Grange Road Housing Urban Renewal Area,
Manager recommending approval of a Resolu- generally described in Attachment A to this
tion of Necessity that finds that an Urban Re- Resolution, is an economic development area
newal Plan for the Derby Grange Road Hous- as defined by Chapter 403 of the lowa Code,
ing Urban Renewal Area is both necessary appropriate for public improvements related to
and appropriate and sets a public hearing on housing and residential development, and is
the proposed plan for March 20, 2017. Upon appropriate for an urban renewal project.
motion the documents were received and filed Section 2. That the development of the
and Resolution No. 69-17 Resolution of Ne- Derby Grange Road Housing Urban Renewal
cessity Finding That Certain Property in and Area is necessary and appropriate to facilitate
Near Rustic Point Estates and Timber Ridge the proper growth and development of the
Estates is an Economic Development Area community in accordance with sound planning
and that The Development of Said Area is and local community objectives.
Necessary in the Interest of the Residents of Section 3. That the development of this ar-
the City of Dubuque, lowa, and Setting a Date ea will provide new opportunities for quality
for Hearing on a Proposed Urban Renewal housing and job creation in the community.
Plan for Said District was adopted setting a Sedion 4. That the City Manager is author-
public hearing for a meeting to commence at ized and directed to prepare an Urban Renew-
6:00 p.m. on March 20, 2017 in the Historic al Plan for the Derby Grange Road Housing
Federal Building. Urban Renewal Area, to forward said Plan to
the City's Long Range Planning Commission
RESOLUTION NO. 69-17 for review and comment and to begin the con-
RESOLUTION OF NECESSITY FINDING sultation process required by lawwith affected
THAT CERTAIN PROPERTY IN AND NEAR taxing entities.
RUSTIC POINT ESTATES AND TIMBER Sedion 5. That the City Clerk is directed to
RIDGE ESTATES IS AN ECONOMIC DE- publish notice of a public hearing on the adop-
VELOPMENT AREA AND THAT THE DE- tion of an Urban Renewal Plan for the Derby
VELOPMENT OF SAID AREA IS NECES- Grange Road Housing Urban Renewal Area to
SARY IN THE INTEREST OF THE RESI- be held on the 20t°day of March, 2017, at 6:00
DENTS OF THE CITY OF DUBUQUE, IOWA, p.m. in the Historic Federal Building in Dubu-
AND SETTING A DATE FOR HEARING ON que, lowa, 350 W. 6t° Street, Dubuque, lowa
A PROPOSED URBAN RENEWAL PLAN and that said notice shall generally identify the
FOR SAID DISTRICT area covered by the Plan and the general
Whereas, the City Council of the City of scope of the Urban Renewal Plan adivities
Dubuque has determined that the creation of planned for such area.
Book 147 Regular Session, February 20, 2017 64
Section 6. That the City Clerk is further di- bonds, warrants, or judgments, or the fund-
rected to send by ordinary mail a copy of said ing or refunding of the same, whether or not
Plan and notice of public hearing to the Dubu- such indebtedness was created for a pur-
que Community School District and the County pose for which general obligation bonds
Board of Supervisors, as the affected taxing might have been issued in the original in-
entities. stance, including General Obligation Bonds,
Passed, approved and adopted this 20t° Taxable Series 2009A (BAB), General Obli-
day of February, 2017. gation Refunding Bonds, Series 2009C and
Roy D. Buol, Mayor General Obligation Bonds, Series 2010A;
Attest: Kevin S. Firnstahl, City Clerk and
b) the equipping of the fire department,
BOARDS/COMMISSIONS and has considered the extent of objedions
received from residents or property owners
Appointment was made to the following as to the proposed issuance of Bonds; and
Board/Commission. following action is now considered to be in
the best interests of the City and residents
1. Housing Commission: One, 3-year term thereof.
through August 17, 2018 (Vacant At-Large NOW, THEREFORE, BE IT RESOLVED
term of Craddieth). Applicants: Shane Hoeper, BY THE CITY COUNCIL OF THE CITY OF
2520 North Grandview Ave.; Brett Shaw, 995 DUBUQUE, STATE OF IOWA:
Richards Rd. (Additional Applicant). Upon roll That this Council does hereby institute pro-
call vote (Shaw = Connors, Lynch, Buol, ceedings and take additional action for the
Jones; Hoeper = Resnick, Rios, Del Toro), authorization and issuance in the manner re-
Brett Shaw was appointed to a 3-year term quired by law of not to exceed $8,950,000
through August 17, 2018. General Obligation Bonds, for the foregoing
essential corporate purposes.
PUBLIC HEARINGS This Resolution shall serve as a declara-
tion of official intent under Treasury Regulation
1. Series 2017A General Obligation Bonds: 1.150-2 and shall be maintained on file as a
Proof of publication on notice of public hearing public record of such intent. It is reasonably
to consider approval of the suggested pro- expected that the general fund moneys may
ceedings to take additional action for the issu- be advanced from time to time for capital ex-
ance of General Obligation Bonds, Series penditures which are to be paid from the pro-
2017A, proceedings to direct advertisement for ceeds of the above Bonds. The amounts so
sale, and approval of electronic bidding proce- advanced shall be reimbursed from the pro-
dures and the City Manager recommending ceeds of the Bonds not later than eighteen
approval. Motion by Lynch to receive and file months after the initial payment of the capital
the documents and adopt Resolution No. 70- expenditures or eighteen months after the
17 Instituting proceedings to take additional property is placed in service. Such advance-
action for the issuance of not to exceed ments shall not exceed the amount authorized
$8,950,000 General Obligation Bonds; and in this Resolution unless the same are for pre-
Resolution No. 71-17 Directing the advertise- liminary expenditures or unless another decla-
ment for sale of $8,830,000 (dollar amount ration of intention is adopted.
subject to change) General Obligation Bonds, Passed, approved and adopted this 20�n
Series 2017A, and approving eledronic bid- day of February, 2017.
ding procedures. Seconded by Connors. Mo- Roy D. Buol, Mayor
tion carried 7-0. Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION N0. 70-17 RESOLUTION N0. 71-17
INSTITUTING PROCEEDINGS TO TAKE DIRECTING THE ADVERTISEMENT FOR
ADDITIONAL ACTION FOR THE ISSUANCE SALE OF $8,830,000 (DOLLAR AMOUNT
OF NOT TO EXCEED $8,950,000 GENERAL SUBJECT TO CHANGE) GENERAL OBLI-
OBLIGATION BONDS GATION BONDS, SERIES 2017A, AND AP-
Whereas, pursuant to notice published as PROVING ELECTRONIC BIDDING PROCE-
required by law, the City Council has held a DURES
public meeting and hearing upon the proposal Whereas, the Issuer is in need of funds to
to institute proceedings for the issuance of not pay costs of:
to exceed $8,950,000 General Obligation a) the settlement, adjustment, renew-
Bonds, for the essential corporate purposes, in ing, or extension of any part or all of the le-
order to provide funds to pay the costs of: gal indebtedness of a city, whether evi-
a) the settlement, adjustment, renewing, denced by bonds, warrants, or judgments,
or extension of any part or all of the legal in- or the funding or refunding of the same,
debtedness of a city, whether evidenced by whether or not such indebtedness was
Book 147 Regular Session, February 20, 2017 65
created for a purpose for which general ob- the Code of lowa, and shall state that this
ligation bonds might have been issued in Council, on the 20�° day of March, 2017, at
the original instance, including General Ob- 6:00 p.m., will hold a meeting to receive and
ligation Bonds, Taxable Series 2009A act upon bids for said Bonds, which bids were
(BAB), General Obligation Refunding previously received and opened by City Offi-
Bonds, Series 2009C and General Obliga- cials at 11:00 a.m. on said date.
tion Bonds, Series 2010A; and Passed, approved and adopted this 20�n
b) the equipping of the fire department, day of February, 2017.
essential corporate purposes, and it is Roy D. Buol, Mayor
deemed necessary and advisable that Attest: Kevin S. Firnstahl, City Clerk
General Obligation Bonds, to the amount
of not to exceed $8,950,000 be authorized 2. Series 2017B General Obligation Urban
for said purposes; and Renewal Refunding Bonds: Proof of publica-
Whereas, pursuant to notice published as tion on notice of public hearing to consider
required by Sedion 384.25 of the Code of lo- approval of the suggested proceedings take
wa, this Council has held a public meeting and additional action of the issuance of General
hearing upon the proposal to institute proceed- Obligation Urban Renewal Refunding Bonds,
ings for the issuance of the Bonds, and the Series 2017B, proceedings to dired adver-
Council is therefore now authorized to proceed tisement for sale, and approval of electronic
with the issuance of said Bonds for such pur- bidding procedures, and the City Manager
poses; and recommending approval. Motion by Connors to
Whereas, the Council has received infor- receive and file the documents and adopt
mation from its Municipal Advisor evaluating Resolution No. 72-171nstituting proceedingsto
and recommending the procedure hereinafter take additional action for the issuance of not to
described for electronic, facsimile and internet exceed $10,250,000 General Obligation Urban
bidding to maintain the integrity and security of Renewal Refunding Bonds; and Resolution
the competitive bidding process and to facili- No. 73-17 Directing the advertisement for sale
tate the delivery of bids by interested parties; of $8,830,000 (Dollar amount subject to
and change) General Obligation Bonds, Series
Whereas, the Council deems it in the best 2017A, and approving electronic Bidding pro-
interests of the City and the residents thereof cedures. Seconded by Jones. Motion carried
to receive bids to purchase such Bonds by 7-0.
means of both sealed and electronic internet
communication. RESOLUTION N0. 72-17
NOW, THEREFORE, BE IT RESOLVED INSTITUTING PROCEEDINGS TO TAKE
BY THE CITY COUNCIL OF THE CITY OF ADDITIONAL ACTION FOR THE ISSUANCE
DUBUQUE, STATE OF IOWA: OF NOT TO EXCEED $10,250,000 GEN-
That the receipt of eledronic bids by fac- ERAL OBLIGATION URBAN RENEWAL RE-
simile machine and through the Parity Com- FUNDING BONDS
petitive Bidding System described in the No- Whereas, pursuant to notice published as
tice of Sale are hereby found and determined required by law, the City Council has held a
to provide reasonable security and to maintain public meeting and hearing upon the proposal
the integrity of the competitive bidding pro- to institute proceedings for the issuance of not
cess, and to facilitate the delivery of bids by to exceed $10,250,000 General Obligation
interested parties in connection with the offer- Urban Renewal Refunding Bonds, for the es-
ing at public sale. sential corporate purpose, in order to provide
That General Obligation Bonds, Series funds to pay the costs of the settlement, ad-
2017A, of the City of Dubuque, State of lowa, justment, renewing, or extension of any part or
in the amount of $8,830,000 (dollar amount all of the legal indebtedness of a city, whether
subject to change), to be issued as referred to evidenced by bonds, warrants, or judgments,
in the preamble of this Resolution, to be dated or the funding or refunding of the same,
April 17, 2017, be offered for sale pursuant to whether or not such indebtedness was created
the published advertisement. for a purpose for which general obligation
That the Clerk is hereby directed to publish bonds might have been issued in the original
notice of sale of the Bonds at least once, the instance, including General Obligation Urban
last one of which shall be not less than four Renewal Bonds, Taxable Series 2009B (BAB)
clear days nor more than twenty days before and General Obligation Urban Renewal
the date of the sale. Publication shall be made Bonds, Series 2010C, and has considered the
in the "Telegraph Herald", a legal newspaper, extent of objections received from residents or
printed wholly in the English language, pub- property owners as to the proposed issuance
lished within the county in which the Bonds are of Bonds; and no petition was filed calling for a
to be offered for sale or an adjacent county. referendum thereon. The following action is
The notice is given pursuant to Chapter 75 of now considered to be in the best interests of
Book 147 Regular Session, February 20, 2017 66
the City and residents thereof. and
NOW, THEREFORE, BE IT RESOLVED Whereas, the Council deems it in the best
BY THE CITY COUNCIL OF THE CITY OF interests of the City and the residents thereof
DUBUQUE, STATE OF IOWA: to receive bids to purchase such Bonds by
That this Council does hereby institute pro- means of both sealed and electronic internet
ceedings and take additional action for the communication.
authorization and issuance in the manner re- NOW, THEREFORE, BE IT RESOLVED
quired by law of not to exceed $10,250,000 BY THE CITY COUNCIL OF THE CITY OF
General Obligation Urban Renewal Refunding DUBUQUE, STATE OF IOWA:
Bonds, for the foregoing essential corporate That the receipt of eledronic bids by fac-
purpose. simile machine and through the Parity Com-
Passed, approved and adopted this 20t° petitive Bidding System described in the No-
day of February, 2017. tice of Sale are hereby found and determined
Roy D. Buol, Mayor to provide reasonable security and to maintain
Attest: Kevin S. Firnstahl, City Clerk the integrity of the competitive bidding pro-
cess, and to facilitate the delivery of bids by
RESOLUTION N0. 73-17 interested parties in connection with the offer-
DIRECTING THE ADVERTISEMENT FOR ing at public sale.
SALE OF $10,120,000 (DOLLAR AMOUNT That General Obligation Urban Renewal
SUBJECT TO CHANGE) GENERAL OBLI- Refunding Bonds, Series 2017B, of the City of
GATION URBAN RENEWAL REFUNDING Dubuque, State of lowa, in the amount of
BONDS, SERIES 2017B, AND APPROVING $10,120,000 (dollar amount subject to
ELECTRONIC BIDDING PROCEDURES change), to be issued as referred to in the pre-
Whereas, the Issuer is in need of funds to amble of this Resolution, to be dated April 17,
pay costs of the settlement, adjustment, re- 2017, be offered for sale pursuant to the pub-
newing, or extension of any part or all of the lished advertisement.
legal indebtedness of a city, whether evi- That the Clerk is hereby directed to publish
denced by bonds, warrants, or judgments, or notice of sale of the Bonds at least once, the
the funding or refunding of the same, whether last one of which shall be not less than four
or not such indebtedness was created for a clear days nor more than twenty days before
purpose for which general obligation bonds the date of the sale. Publication shall be made
might have been issued in the original in- in the "Telegraph Herald", a legal newspaper,
stance, including General Obligation Urban printed wholly in the English language, pub-
Renewal Bonds, Taxable Series 2009B (BAB) lished within the county in which the Bonds are
and General Obligation Urban Renewal to be offered for sale or an adjacent county.
Bonds, Series 2010C, an essential corporate The notice is given pursuant to Chapter 75 of
purpose project, and it is deemed necessary the Code of lowa, and shall state that this
and advisable that the City issue General Ob- Council, on the 20�° day of March, 2017, at
ligation Urban Renewal Refunding Bonds, for 6:00 p.m., will hold a meeting to receive and
such purpose to the amount of not to exceed act upon bids for said Bonds, which bids were
$10,250,000 as authorized by Sections 384.25 previously received and opened by City Offi-
and 403.12 of the Code of lowa; and cials at 11:00 a.m. on said date.
Whereas, pursuant to notice published as Passed, approved and adopted this 20�n
required by Sedions 384.25 and 403.12 this day of February, 2017.
Council has held a public meeting and hearing Roy D. Buol, Mayor
upon the proposal to institute proceedings for Attest: Kevin S. Firnstahl, City Clerk
the issuance of said Bonds, and all objections,
if any, to such Council action made by any 3. Series 2017C Taxable General Obliga-
resident or property owner of the City were tion Urban Renewal Refunding Bonds: Proof of
received and considered by the Council; and publication on notice of public hearing to con-
no petition having been filed, it is the decision sider approval of the suggested proceedings to
of the Council that additional action be taken take additional action for the issuance of Tax-
for the issuance of said Bonds for such pur- able General Obligation Urban Renewal Re-
pose, and that such adion is considered to be funding Bonds, Series 2017C, proceedings to
in the best interests of the City and the resi- direct advertisement for sale, and approval of
dentsthereof; and eledronic bidding procedures, and the City
Whereas, the Council has received infor- Manager recommending approval. Motion by
mation from its Municipal Advisor evaluating Lynch to receive and file the documents and
and recommending the procedure hereinafter adopt Resolution No. 74-17 Instituting pro-
described for electronic, facsimile and internet ceedings to take additional action for the issu-
bidding to maintain the integrity and security of ance of not to exceed $2,200,000 Taxable
the competitive bidding process and to facili- General Obligation Urban Renewal Refunding
tate the delivery of bids by interested parties; Bonds; and Resolution No. 75-17 Direding the
Book 147 Regular Session, February 20, 2017 67
advertisement for sale of $2,155,00 (dollar legal indebtedness of a city, whether evi-
amount subject to change) Taxable General denced by bonds, warrants, or judgments, or
Obligation Urban Renewal Refunding Bonds, the funding or refunding of the same, whether
Series 2017C, and approving eledronic bid- or not such indebtedness was created for a
ding procedures. Seconded by Connors. Mo- purpose for which general obligation bonds
tion carried 7-0. might have been issued in the original in-
stance, including Taxable General Obligation
RESOLUTION N0. 74-17 Urban Renewal Bonds, Series 2010B, an es-
INSTITUTING PROCEEDINGS TO TAKE sential corporate purpose projed, and it is
ADDITIONAL ACTION FOR THE ISSUANCE deemed necessary and advisable that the City
OF NOT TO EXCEED $2,200,000 TAXABLE issue Taxable General Obligation Urban Re-
GENERAL OBLIGATION URBAN RENEWAL newal Refunding Bonds, for such purpose to
REFUNDING BONDS the amount of not to exceed $2,200,000 as
Whereas, pursuant to notice published as authorized by Sedions 384.25 and 403.12 of
required by law, the City Council has held a the Code of lowa; and
public meeting and hearing upon the proposal Whereas, pursuant to notice published as
to institute proceedings for the issuance of not required by Sections 384.25 and 403.12 this
to exceed $2,200,000 Taxable General Obliga- Council has held a public meeting and hearing
tion Urban Renewal Refunding Bonds, for the upon the proposal to institute proceedings for
essential corporate purpose, in order to pro- the issuance of said Bonds, and all objedions,
vide funds to pay the costs of the settlement, if any, to such Council action made by any
adjustment, renewing, or extension of any part resident or property owner of the City were
or all of the legal indebtedness of a city, received and considered by the Council; and
whether evidenced by bonds, warrants, or no petition having been filed, it is the decision
judgments, or the funding or refunding of the of the Council that additional action be taken
same, whether or not such indebtedness was for the issuance of said Bonds for such pur-
created for a purpose for which general obliga- pose, and that such action is considered to be
tion bonds might have been issued in the orig- in the best interests of the City and the resi-
inal instance, including Taxable General Obli- dentsthereof; and
gation Urban Renewal Bonds, Series 2010B, Whereas, the Council has received infor-
and has considered the extent of objections mation from its Municipal Advisor evaluating
received from residents or property owners as and recommending the procedure hereinafter
to the proposed issuance of Bonds; and no described for electronic, facsimile and internet
petition was filed calling for a referendum bidding to maintain the integrity and security of
thereon. The following action is now consid- the competitive bidding process and to facili-
ered to be in the best interests of the City and tate the delivery of bids by interested parties;
residents thereof. and
NOW, THEREFORE, BE IT RESOLVED Whereas, the Council deems it in the best
BY THE CITY COUNCIL OF THE CITY OF interests of the City and the residents thereof
DUBUQUE, STATE OF IOWA: to receive bids to purchase such Bonds by
That this Council does hereby institute pro- means of both sealed and electronic internet
ceedings and take additional action for the communication.
authorization and issuance in the manner re- NOW, THEREFORE, BE IT RESOLVED
quired by law of not to exceed $2,200,000 BY THE CITY COUNCIL OF THE CITY OF
Taxable General Obligation Urban Renewal DUBUQUE, STATE OF IOWA:
Refunding Bonds, for the foregoing essential That the receipt of eledronic bids by fac-
corporate purpose. simile machine and through the Parity Com-
Passed, approved and adopted this 20t° petitive Bidding System described in the No-
day of February, 2017. tice of Sale are hereby found and determined
Roy D. Buol, Mayor to provide reasonable security and to maintain
Attest: Kevin S. Firnstahl, City Clerk the integrity of the competitive bidding pro-
cess, and to facilitate the delivery of bids by
RESOLUTION N0. 75-17 interested parties in connection with the offer-
RESOLUTION DIRECTING THE ADVER- ing at public sale.
TISEMENT FOR SALE OF $2,155,000 (DOL- That Taxable General Obligation Urban
LAR AMOUNT SUBJECT TO CHANGE) Renewal Refunding Bonds,
TAXABLE GENERAL OBLIGATION URBAN Series 2017C, the City of Dubuque, State
RENEWAL REFUNDING BONDS, SERIES of lowa, in the amount of $2,155,000 (dollar
2017C, AND APPROVING ELECTRONIC amount subject to change), to be issued as
BIDDING PROCEDURES referred to in the preamble of this Resolution,
Whereas, the Issuer is in need of funds to to be dated April 17, 2017, be offered for sale
pay costs of the settlement, adjustment, re- pursuant to the published advertisement.
newing, or extension of any part or all of the That the Clerk is hereby directed to publish
Book 147 Regular Session, February 20, 2017 68
notice of sale of the Bonds at least once, the Diane McClain, 255 Bradley St., as mem-
last one of which shall be not less than four ber of the Dubuque Area Landlords Associa-
clear days nor more than twenty days before tion and Board Member, informed the Council
the date of the sale. Publication shall be made that landlords will work hard to embrace the
in the "Telegraph Herald", a legal newspaper, Source of Income recommendations if ap-
printed wholly in the English language, pub- proved.
lished within the county in which the Bonds are Council Member Connors stated that she
to be offered for sale or an adjacent county. favored the idea of setting a time limit for re-
The notice is given pursuant to Chapter 75 of view of the source of income recommenda-
the Code of lowa, and shall state that this tions.
Council, on the 20�° day of March, 2017, at
6:00 p.m., will hold a meeting to receive and ACTION ITEMS
act upon bids for said Bonds, which bids were
previously received and opened by City Offi- 1. Source of Income Committee Final Re-
cials at 11:00 A.M. on said date. port: City Manager recommending the City
Passed, approved and adopted this 20t° Council concur with the Source of Income
day of February, 2017. Committee's Final Report and direct the City
Roy D. Buol, Mayor Manager to move forward with the Implemen-
Attest: Kevin S. Firnstahl, City Clerk tation Strategy for Options #4 and #6 recom-
mended in the Committee's Final Report. After
PUBLIC INPUT lengthy Council discussion that included con-
cerns with federal guidelines/changes, disap-
Paul Uzel, 61 N. Algona Street addressed pointment with groups not wnrking together,
the City Council about a welcoming community and dislike for mandates, restated motion by
proclamation, forthcoming petition and other Lynch to receive and file the documents, con-
efforts being done to welcome newcomers to cur with the recommendation and add an an-
the community. nual review/reporting component to the meas-
R.R.S Stewart, 460 Summit St., on behalf ure. Seconded by Resnick. Motion carried 6-1
of Dubuque for Refugee Children and the with Rios voting nay.
NAACP, requested the City Council pass a
resolution stating that the Council will not 2. Port of Dubuque Marina Annual Report
spend city money to enforce federal immigra- 2016: City Manager transmitting the Port of
tion policy except in specific situations. Ms. Dubuque Marina Annual Report for 2016. Mo-
Stewart provided information that the Human tion by Lynch to receive and file the infor-
Rights Commission and Human Rights De- mation. Seconded by Resnick. Recreation
partment previously considered and provided Division Manager Dan Kroger provided a slide
regarding source of income issues and provid- presentation that included information on high-
ing affordable housing urging the Council to lights, partnerships, marketing, survey data,
add a time frame for reviewing voluntary marina store, dockage, fuel, financials, 2017
measures (being considered under Action Item goals, staffing, and history of the marina. Mo-
#1). tion carried 7-0.
Mason Kobliska, 1959 Lincoln Ave., ad-
dressed the City Council about alternatives to 3. Skate Park Final Design Concept and
reducing plastic bag usage through tax abate- Specification Location: City Manager recom-
ment with businesses, appealing to the con- mending approval of the final design concept
sumer and rewarding good behavior. and specification location of Flora Park for the
Brad Brissey, 1326 Tomahawk Drive, and site of the skate park. Motion by Connors to
a member of the Board of Realtors, addressed receive and file and approve the recommenda-
the City Council in opposition to mandated tion. Seconded by Jones. Responding to ques-
participation in state and federal housing pro- tions from the City Council, Park Division
grams citing plenty of available housing and Manager Steve Fehsal provided information on
supporting property owners right to choose what community outreach efforts. Motion car-
participation. ried 7-0.
Kerry O'Connor, 1975 N. Grandview Ave.,
spoke in support of a source of income ban
and favored a review of voluntary measures if
adopted by Council.
Matt Zanger, 261 Southgate Dr., urged the
City Council not to agree with the Source of
Income Committee's recommendations stating
that he believes they will result in continued
discriminatory actions instead of a change of
culture.
Book 147 Special Session, February 22, 2017 69
4. Imagine Dubuque Comprehensive Plan CITY OF DUBUQUE, IOWA
Update: City Manager transmitting information CITY COUNCIL PROCEEDINGS
for the Imagine Dubuque presentation. Motion
by Connors to receive and file the information. SPECIAL SESSION
Seconded by Jones. Mike Hoffman of Teska OFFICIAL
Associates provided a slide presentation.
Highlights included a 2016 timeline, 2017 time- Council met in special session at 6:00 p.m.
line, outreach overview and components, rep- on February 22, 2017 in the Historic Federal
resentative demographic data, events, fo- guilding.
cus/interview groups and workshops, promo-
tion, idea collection, emerging themes, and present: Mayor Buol, Council Members
whaYs next for the plan. Motion carried 7-0. Connors, Del Toro, Jones, Lynch, Resnick,
CLOSED SESSION Rios; City Manager Michael Van Milligen
Absent: Council Member Jones
Motion by Jones to convene in closed ses-
sion at 7:50 p.m. to discuss Pending Litigation Mayor Buol read the call and stated this is
and Real Estate Transfer Negotiations pursu- a special session of the City Council called for
ant to Chapter 21.5(1)(c), -Q) Code of lowa. the purpose of discussing various City De-
Seconded by Connors. For the record, Mayor partmental Fiscal Year 2018 budgets.
Buol stated for the record that the attorney
who will consult with City Council on the issues FISCAL YEAR 2018 DEPARTMENTAL
to be discussed in the closed session is City BUDGET REVIEW
Attorney Crenna Brumwell. Motion carried 7-0.
Upon motion, the City Council reconvened Fiscal Year 2018 City departmental budg-
ets were presented by staff from the following
in open session at 8:15 p.m. stating that staff departments:
had been given proper diredion.
There being no further business, upon mo- purchase of Services: No formal presenta-
tion the City Council adjourned at 8:16 p.m. tion was given. Mayor Buol called for public
input on the Purchase of Services FY 2018
/s/Kevin S. Firnstahl, CMC, City Clerk Budget recommendation.
Five Flags Center: Marie Ware, Leisure
Services Manager
Grand River Center (Conference Center):
Marie Ware, Leisure Services Manager
Park Division: Steve Fehsal, Park Division
Manager
Recreation Division: Dan Kroger, Recrea-
tion Division Manager; and Farris Muhammad,
Director of the Multicultural Family Center.
The City Council had discussion with staff
following their presentation.
There being no further business, upon mo-
tion the City Council adjourned at 8:37 p.m.
/s/Kevin S. Fimstahl, CMC, City Clerk
Book 147 Special Session, February 23, 2017 70
CITY OF DUBUQUE, �OWQ Year 2017 budget as amended for the City of
CITY COUNCIL PROCEEDINGS Dubuque in the City Council Chambehs at the
Historic Federal Building, 350 West 6 Street,
SPECIAL SESSION Dubuque, lowa, on Tuesday, March 7, 2017,
OFFICIAL beginning at6:00 p.m.
Sedion 2. That the City Clerk be and is
Council met in special session at 6:00 p.m. hereby authorized and directed to publish no-
on February 23, 2017 in the Historic Federal tice of the public hearing, according to law,
Building. together with the required budget information.
Passed, approved and adopted this 23rd
Present: Mayor Buol, Council Members day of February, 2017.
Connors, Del Toro, Jones, Lynch, Resnick, Roy D. Buol, Mayor
Rios; City Manager Michael Van Milligen Attest: Kevin S. Firnstahl, City Clerk
Mayor Buol read the call and stated this is RESOLUTION N0. 77-17
a special session of the City Council called for SETTING THE DATE FOR THE PUBLIC
the purpose of setting a public hearing on the HEARING ON THE FIVE-YEAR CAPITAL
Fiscal Year 2018 recommended budget and IMPROVEMENT PROGRAM FOR FISCAL
for discussing various City Departmental Fiscal YEARS 2018 THROUGH 2O22 FOR THE
Year 2018 budgets. CITY OF DUBUQUE
Whereas, a proposed Five-Year Capital
ITEM(S)TO BE SET FOR PUBLIC HEARING Improvement Program for the City of Dubuque
for Fiscal Years 2018 through 2022 has been
Motion by Lynch to receive and file the prepared and submitted to the City Council;
documents, adopt the resolutions, and dispose and
of as indicated. Seconded by Resnick. Motion N/hereas, the capital projeds for the first
carried 7-0. year of the program are included in the Fiscal
Year 2018 budget for the City of Dubuque; and
1. Fiscal Year 2018 Operating and Capital N/hereas, it is deemed to be in the best in-
Budget: City Manager recommending that the terest of the City of Dubuque to conduct a pub-
City Council set a public hearing for March 7, lic hearing and adopt the five-year Capital Im-
2017, on the Fiscal Year 2018 City budget, provement Program simultaneously with the
operating and capital improvement program, public hearing and adoption of the Fiscal Year
for the City of Dubuque. Upon motion the doc- 2018 budget for the City of Dubuque.
uments were received and filed and Resolution NOW THEREFORE, BE IT RESOLVED
No. 76-17 Setting the date for the public hear- BY THE CITY COUNCIL OF THE CITY OF
ing on the Fiscal Year 2018 Budget as DUBUQUE, IOWA:
amended for the City of Dubuque; and Resolu- Section 1. That the City Council shall con-
tion No. 77-17 Setting the date for the public duct a public hearing on the five-year Capital
hearing on the Five-Year Capital Improvement Improvement Program for Fiscal Years 2018
Program for Fiscal Years 2018 through 2022 through 2022 in the City Council Chambers at
for the City of Dubuque were adopted setting a the Historic Federal Building, 350 West 6�n
public hearing to commence at 6:00 p.m. in the Street, Dubuque, lowa, on Tuesday, March 7,
Historic Federal Building on March 7, 2017. 2017, beginning at 6:00 p.m.
Sedion 2. That the City Clerk be and is
RESOLUTION N0. 76-17 hereby authorized and directed to publish no-
SETTING THE DATE FOR THE PUBLIC tice of the public hearing.
HEARING ON THE FISCAL YEAR 2018 Passed, approved and adopted this 23rd
BUDGET AS AMENDED FOR THE CITY OF day of February, 2017.
DUBUQUE Roy D. Buol, Mayor
Whereas, lowa Code Sedion 384.16 pro- Attest: Kevin S. Firnstahl, City Clerk
vides that the City Council shall set a time and
place for a public hearing on the Fiscal Year FISCAL YEAR 2018 DEPARTMENTAL
2018 budget before the final budget certifica- BUDGET REVIEW
tion date and shall publish notice before the
hearing as provided in lowa Code Section Fiscal Year 2018 City departmental budg-
362.3. ets were presented by staff from the following
NOW THEREFORE, BE IT RESOLVED departments:
BY THE CITY COUNCIL OF THE CITY OF Emergency Management: Tom Berger,
DUBUQUE, IOWA: Emergency Management Director
Section 1. That the City Council shall con- Emergency Communications: Mark Mur-
duct a public hearing on the proposed Fiscal phy, Emergency Communications Manage
Book 147 Special Session, February 27, 2017 71
Police Department: Mark Dalsing, Police CITY OF DUBUQUE, IOWA
Chief CITY COUNCIL PROCEEDINGS
Fire Department: Rick Steines, Fire Chief
Building Seroices: Todd Carr, Building Ser- SPECIAL SESSION
vices Manager OFFICIAL
City Council had discussion with staff fol- The Dubuque City Council met in special
lowing each presentation. Following the Fire session at 6:00 p.m. on February 27, 2017 in
Department presentation, John Pregler, 1525 the Historic Federal Building, 350 W. 6�n
Pego Ct., and Long Range Planning Advisory Street.
Commission member, addressed the City
Council about his concerns with Fire Depart- present: Mayor Buol; Council Members
ment coverage and response times given pop- Connors, Del Toro, Jones, Lynch, Resnick,
ulation expansion on the south and west ends Rios; City Manager Van Milligen.
of the City and cited a 1969 report that ad-
dressed the same including recommendations. Mayor Buol read the call and stated this is
Mr. Pregler requested that the City Council a special session of the City Council called for
consider recommendations for additional fire the purpose of conducting such business that
house placement prior to the current 2020 may properly come before the City Council
goal. and for discussing various Fiscal Year 2018
city departmental budgets.
There being no further business, upon mo-
tion the City Council adjourned at 8:08 p.m. CONSENT ITEMS
/s/Kevin S. Firnstahl, CMC, City Clerk Motion by Lynch to receive and file the
documents, adoptthe resolutions, and dispose
of as indicated. Seconded by Resnick. Motion
carried 7-0.
1. Marquette Hall, LLC Third Amendment
to Purchase and Sale Agreement: City Man-
ager recommending approval of a Third
Amendment to the Purchase and Sale Agree-
ment between the City of Dubuque and Mar-
quette Hall, LLC that addresses an award of
tax credits by the lowa Finance Authority to
Marquette Hall, LLC. Upon motion the docu-
ments were received and filed and Resolution
No. 78-17 Approving the Third Amendment to
the Purchase and Sale Agreement between
the City of Dubuque, lowa and Marquette Hall,
LLC was adopted.
RESOLUTION N0. 78-17
APPROVING THE THIRD AMENDMENT TO
THE PURCHASE AND SALE AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA
AND MARQUETTE HALL, LLC
Whereas, the City of Dubuque (City) is the
owner of the following described real property:
Vacated alley between Regent Street
and Queen street, as shown on Exhibit
A (the Property); and
Whereas, City desires to sell the Property
to Marquette Hall, LLC pursuant to a Purchase
and Sale Agreement dated February 1, 2016,
as amended; and
Whereas, the parties wish to further amend
the Purchase and Sale Agreement as set forth
in the Third Amendment to Purchase and Sale
Agreement.
NOW, THEREFORE, BE IT RESOLVED
Book 147 Special Session, February 27, 2017 72
BY THE CITY COUNCIL OF THE CITY OF Sedion 1. The City of Dubuque intends to
DUBUQUE, IOWA: dispose of its interest in the Property by Deed
Section 1. The Third Amendment to the to Marquette Hall, LLC pursuant to the Pur-
Purchase and Sale Agreement between the chase and Sale Agreement.
City of Dubuque and Marquette Hall, LLC. is Sedion 2. That the City Clerk is hereby au-
hereby approved. thorized and directed to cause this Resolution
Sedion 2. The City Manager is hereby au- and a notice to be published as prescribed by
thorized to sign the Third Amendment to the lowa Code Section 364.7 of a public hearing
Purchase and Sale Agreement. on the City's intent to dispose of the Property
Passed, approved and adopted this 27�° to be held on the 6�° day of March, 2017, at
day of February, 2017. 6:00 o'clock p.m. at the Historic Federal Build-
Roy D. Buol, Mayor ing, 350 West 6t°Street, Dubuque, lowa.
Attest: Kevin S. Fimstahl, City Clerk Passed, approved and adopted this 27�n
day of February, 2017.
ITEMS SET FOR PUBLIC HEARING Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub- PUBLIC HEARINGS
lic hearings as indicated, and dired the City
Clerk to publish notice as prescribed by law. Fiscal Year 2018 City departmental budg-
Seconded by Connors. Motion carried 7-0. ets were presented by staff from the following
departments:
1. Marquette Hall, LLC Sale of Property:
City Manager recommending setting a public 1. Water Department Fiscal Year 2018
hearing for March 6, 2017, on the intent to Budget Presentation: Denise Ihrig, Water De-
dispose of interest in real estate pursuant to a partment Manager.
Purchase and Sale Agreement between the
City of Dubuque and Marquette Hall, LLC. 2. Water& Resource Recovery Center Fis-
Upon motion the documents were received cal Year 2018 Budget Presentation: William
and filed and Resolution No. 79-17 Resolution O'Brien,W&RRC Manager.
of Intent to dispose of an interest in real estate
by Deed to Marquette Hall, LLC pursuant to a 3. Public Works Department Fiscal Year
Purchase and Sale Agreement between the 2018 Budget Presentation: John Klostermann,
City of Dubuque and Marquette Hall, LLC was Public Works Diredor; Renee Tyler, Assistant
adopted setting a public hearing for a meeting Public Works Director; and Anderson Sainci,
to commence at 6:00 p.m. on March 6, 2017 in Resource Management Coordinator.
the Historic Federal Building.
4. Engineering Department Fiscal Year
RESOLUTION N0. 79-17 2018 Budget Presentation: Gus Psihoyos, City
INTENT TO DISPOSE OF AN INTEREST IN Engineer; Deron Muehring, Civil Engineer II;
REAL ESTATE BY DEED TO MARQUETTE Jon Dienst, Civil Engineer II; Bob Schiesl, As-
HALL, LLC PURSUANT TO A PURCHASE sistant City Engineer; and Dave Ness, Civil
AND SALE AGREEMENT BETWEEN THE Engineer II.
CITY OF DUBUQUE AND MARQUETTE
HALL, LLC The City Council had discussion with staff
Whereas, the City of Dubuque (City) is the following each presentation.
owner of the following described real estate:
Vacated alley between Regent Street Following the Water Department presenta-
and Queen Street (the Property), as tion, Ms. Ihrig stated that she will explore the
shown on Exhibit A; and low-pressure zone in what Council Member
Whereas, City desires to sell the Property Connors referred to as the Holy Ghost Hill
to Marquette Hall, LLC pursuant to a Purchase area (Keokuk and Monroe Streets); and the
and Sale Agreement dated February 1, 2016, City Manager stated that budget items that the
as amended (the Purchase Agreement), now City Council has asked to be held for later dis-
on file at the Office of the City Clerk, City Hall, cussion will appear in the amended budget
13t°and Central, Dubuque, lowa; and recommendation for further discussion and
Whereas, the City Council has tentatively vote at the March 7, 2017 final budget hearing.
determined that it wnuld be in the best inter-
ests of the City to approve the Purchase and
Sale Agreement and the sale of the Property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Book 147 Regular Session, March 6, 2017 73
Following the Public Works presentation, CITY OF DUBUQUE, IOWA
Paul Schultr, 1008 Victoria Street, addressed CITY COUNCIL PROCEEDINGS
the City Council about his support of using
compressed natural gas city vehicles, but had REGULAR SESSION
concerns about purchasing such vehicles be- OFFICIAL
fore fully knowing the economics of the fuel,
what path the City is following in this area, and The Dubuque City Council met in regular
the impact of changing federal regulations. Mr. session at 6:00 p.m. on March 6, 2017 in the
Schultr supported the solid waste consultant Historic Federal Building, 350 W. 6t° Street.
budget request and expressed a strong need
for funding more public education to expand present: Mayor Buol; Council Members
the food scrap program, achieving zero waste Connors, Del Toro, Jones, Lynch, Resnick,
and landfill diversion. David Lyons, Sustaina- Rios; City Manager Van Milligen, City Attorney
ble Innovation Consultant for the Greater Brumwell
Dubuque Development Corp. (GDDC), ex-
panded on several points from a handout he Mayor Buol read the call and stated this is
provided regarding GDDC's support of the a regular session of the City Council called for
City's approach to renewable energy and fuel. the purpose of conducting such business that
may properly come before the City Council.
Following the Engineering Department
presentation, City Engineer Gus Psihoyos pLEDGEOFALLEGIANCE
stated that the issue of water runoff around
Glendale Ct. will be addressed next year; the CONSENT ITEMS
concept of two-lane roundabouts as they im-
pact bicycle safety will be addressed by the Motion by Lynch to receive and file the
design consultants for the individual projects. documents, adoptthe resolutions, and dispose
Assistant Engineer Bob Schiesl stated that a of as indicated with exception to #13 Citizen
State of Good Repair for the NW Arterial is petition (Flexsteel) to be held for separate
governed by provisions outlined in the SW discussion. Seconded by Resnick. Motion car-
Arterial Transfer of Jurisdiction with the lowa ried 7-0.
Department of Transportation.
1. Minutes and Reports Submitted: City
There being no further business, upon mo- Council Proceedings of 2/16, 2/20, 2/22, 2/27;
tion the City Council adjourned at 9:24 p.m. Historic Preservation Commission of 2/16;
Library Board of Trustees of 1/26; Long Range
/s/Kevin S. Firnstahl, CMC, City Clerk planning Advisory Commission of 2/15; Proof
of Publication for City Council Proceedings of
1/30, 2/6, 2/9; Proof of Publication for List of
Claims and Summary of Revenues for Month
Ending 1/31. Upon motion the documents
were received and filed.
2. Notice of Claims and Suits: Brenda At-
kinson for vehicle damage; Debra Goodendorf
for property damage. Upon motion the docu-
ments were received, filed and referred to the
City Attorney.
3. Awards & Recognitions: City Manager
transmitting a list of awards and recognitions
received by the City of Dubuque. Upon motion
the document was received and filed.
4. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of lowa,
the agent for the lowa Communities Assurance
Pool: Brenda Atkinson for vehicle damage;
Debra Goodendorf for property damage. Upon
motion the documents were received, filed and
concurred.
Book 147 Regular Session, March 6, 2017 74
5. lowa Department of Transportation Pro- the 2012 Comprehensive Plan that includes
ject Notice: Correspondence from the lowa goals for environmental quality, park improve-
Department of Transportation (IDOT) notifying ments, and stormwater management; and
the City of an upcoming bid letting for a Port- Whereas, the City of Dubuque has budget-
land Cement Concrete Patching Project on ed the required local match.
April 18, 2017. Upon motion the document was NOW THEREFORE, BE IT RESOLVED
received and filed. BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
6. Soft Drink Agreement for Leisure Ser- Section 1. The Mayor hereby is authorized
vice Facilities: City Manager recommending to sign the FY 2017 LWCF Grant Application
approval of a three-year Coca-Cola agreement to the lowa Department of Natural Resources
with Atlantic Bottling as the exclusive soft drink for Implementation of the Eagle Point Park
provider for the Bunker Hill Golf Course, Environmental Restoration Management Plan
McAleece concession, Flora and Sutton Pools in the amount of$175,000.
concession and the Port of Dubuque Marina. Sedion 2. That the City Council hereby
Upon motion the documents were received, provides its written assurance that the com-
filed and approved. pleted project will be adequately maintained
for its intended use in accordance with state
7. Loras College Usage Agreement requirements.
Amendment: City Manager recommending Passed, approved and adopted this 6t° day
approval of the Amended Usage Agreement of March, 2017.
with Loras College for Petrakis Field. Upon Roy D. Buol, Mayor
motion the documents were received, filed and Attest: Kevin S. Firnstahl, City Clerk
approved.
10. Amendment to Teamsters Local No.
8. Request for Proposal for Annual Audit 120 Collective Bargaining Agreement: City
Services: City Manager recommending ap- Manager recommending approval of an
proval to issue a Request for Proposal to pub- amendment to the Collective Bargaining
lic accounting firms to provide annual auditing Agreement with Teamsters Local No. 120 that
services for the City of Dubuque for Fiscal provides for a work week that consists of ten
Years ending June 30, 2017, through June 30, hours per day and four days per week for the
2021. Upon motion the documents were re- Maintenance worker, Airfield Maintenance
ceived,filed and approved. workers and Airport Mechanic assigned to the
Airport Department. Upon motion the docu-
9. Eagle Point Park Land and Water Con- ments were received, filed and approved.
servation Fund (LWCF) Grant Application: City
Manager recommending approval to submit 11. Compensation Package for Non-
Fiscal Year 2017 Land and Water Conserva- Bargaining Unit Employees FY18: City Man-
tion Fund Grant Application to the lowa De- ager recommending approval of a 2% across-
partment of Natural Resources for implemen- the-board base wage increase effective July 1,
tation of the Eagle Point Park Environmental 2017, for all classifications of employees in the
Restoration Management Plan, adopted by the General Employee Wage Plan and for the Air-
City Council on February 6, 2017. Upon mo- port Operations Specialist, Records Clerk,
tion the documents were received and filed Clerk Typist, Transit Operations Assistant,
and Resolution No. 80-17 Authorizing LWCF Account Clerk II and Water Meter Inspedor in
Grant Application to lowa Department of Natu- the Non-Assigned Wage plan. It is further rec-
ral Resources for Implementation of Eagle ommended that the Head PGA Professional
Point Park Environmental Restoration Man- receive a 2% across-the-board base wage
agement Plan was adopted. increase effective July 1, 2017. Upon motion
the documents were received and filed and
RESOLUTION NO. 80-17 Resolution No. 81-17 Approving the compen-
AUTHORIZING LWCF GRANT APPLICA- sation package for Non-Bargaining Unit Em-
TION TO IOWA DEPARTMENT OF NATU- ployees for Fiscal Year 2018 was adopted.
RAL RESOURCES FOR IMPLEMENTATION
OF EAGLE POINT PARK ENVIRONMENTAL RESOLUTION NO. 81-17
RESTORATION MANAGEMENT PLAN APPROVING THE COMPENSATION PACK-
Whereas, the lowa Department of Natural AGE FOR NON-BARGAINING UNIT EM-
Resources provides grant funds from LWCF PLOYEES FOR FISCAL YEAR 2018
(Land and Water Conservation Fund) for pro- Whereas, the City Manager has recom-
jects that help establish natural areas, encour- mended the compensation package for Non-
age outdoor recreation, and enhance and pro- bargaining Unit Employees for Fiscal Year
tect lowa's natural and cultural resources; and 2018; and
Whereas, the City of Dubuque has adopted Whereas, the recommended compensation
Book 147 Regular Session, March 6, 2017 75
package for non-bargaining Unit employees is SOURCE RECOVERY CENTER UPGRADE
consistent with the compensation package to PROJECT
be received by employees represented by the The undersigned City Engineer of the City
Teamsters, Transit and Operating Engineers of Dubuque, lowa, hereby certifies that he has
Bargaining Units. inspected the Water and Resource Recovery
NOW, THEREFORE, BE IT RESOLVED Center Upgrade Projed, that the Projed has
BY THE CITY COUNCIL OF THE CITY OF been performed in compliance with the terms
DUBUQUE, IOWA: of the Public Improvement Contract, and that
Section 1. That the compensation package the total cost of the completed wnrk is
for non-bargaining Unit employees for Fiscal $54,942,567.00.
Year 2018 is hereby passed, approved and Dated this 3rd day of March, 2017.
adopted this 6t°day of March 2017. /s/Gus Psihoyos, City Engineer
Roy D. Buol, Mayor Filed in the office of the City Clerk on the 3rd
Attest: Kevin S. Firnstahl, City Clerk day of March, 2017.
/s/Kevin S. Firnstahl, City Clerk
12. Water & Resource Recovery Center
Upgrade Project Acceptance: City Manager 13. Citizen Petition: Dubuque Federation of
recommending acceptance of the construction Labor and others submitting a petition request-
contrad for the Water & Resource Recovery ing the City of Dubuque to finalize an agree-
Center Upgrade Project, as completed by ment with Flexsteel Industries allowing for a
Miron Construction Co., Inc. Upon motion the new production facility. Motion by Lynch to
documents were received and filed and Reso- receive and file the document. Seconded by
lution No. 82-17 Accepting the Water and Re- Connors. Mark Cook, of the USW 1861, spoke
source Recovery Center Upgrade Project and on behalf of the petitioners and persons pre-
authorizing the payment of the contract sent requesting that the City Council assist
amount to the contractor was adopted. Flexsteel to remain in Dubuque. Motion carried
7-0.
RESOLUTION NO. 82-17
ACCEPTING THE WATER AND RESOURCE 14. Signed Contracts: Natural Gas Motor
RECOVERY CENTER UPGRADE PROJECT Vehicle Incentive Agreement with Black Hills
AND AUTHORIZING THE PAYMENT OF THE Energy / lowa Gas Utility Company, LP; ECIA
CONTRACT AMOUNT TO THE CONTRAC- Contract Amendments for Bus Storage Facility
TOR and the Dubuque Intermodal Center; Dubuque
Whereas, the Public Improvement Contract Area Labor- Management Council Federal
for the Water and Resource Recovery Center Building Lease Agreement. Upon motion the
Upgrade Project (the Project) has been com- documents were received and filed.
pleted and the City Engineer has examined the
work and filed a certificate stating that the Pro- 15. General Obligation Bond Series
ject has been completed according to the 2017ABC Preliminary Official Statement: City
terms of the Public Improvement Contract and Manager recommending approval of the sug-
that the City Engineer recommends that the gested proceedings for approving the prelimi-
Project be accepted. nary Official Statement for the $8,830,000
NOW THEREFORE, BE IT RESOLVED General Obligation Bonds, Series 2017A,
BY THE CITY COUNCIL OF THE CITY OF $10,105,000 General Obligation Urban Re-
DUBUQUE, IOWA: newal Refunding Bonds, Series 2017B and
Section 1. The recommendation of the City $2,155,000 Taxable General Obligation Urban
Engineer is approved and the Projed is hereby Renewal Refunding Bonds, Series 2017C.
accepted. Upon motion the documents were received
Sedion 2. The Finance Diredor is hereby and filed and Resolution No. 83-17 Approving
directed to pay to the Contractor from the Wa- the Preliminary Official Statement for the
ter Resource Recovery Plant Renovation fund $8,830,000 (dollar amount subject to change)
for the contract amount of$54,942,567.00 less General Obligation Bonds, Series 2017A,
any retained percentage provided for therein $10,105,000 (dollar amount subject to change)
as provided in lowa Code chapter 573, and to General Obligation Urban Renewal Refunding
pay such retainage only in accordance with the Bonds, Series 2017B and $2,155,000 (dollar
provisions of lowa Code chapter 573. amount subject to change) Taxable General
Passed, approved and adopted this 6t° day Obligation Urban Renewal Refunding Bonds,
of March, 2017. Series 2017C was adopted.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE WATER AND RE-
Book 147 Regular Session, March 6, 2017 76
RESOLUTION NO. 83-17 Ordinances Title 4 Business and License Reg-
RESOLUTION APPROVING THE PRELIMI- ulations, Chapter 2 Liquor Control, Article B
NARY OFFICIAL STATEMENT FOR THE Liquor, Beer and Wine Licenses and Permits
$8,830,000 (DOLLAR AMOUNT SUBJECT was adopted.
TO CHANGE) GENERAL OBLIGATION
BONDS, SERIES 2017A, $10,105,000 (DOL- RESOLUTION NO. 84-17
LAR AMOUNT SUBJECT TO CHANGE) APPROVING APPLICATIONS FOR BEER,
GENERAL OBLIGATION URBAN RENEWAL LIQUOR, AND/OR WINE PERMITS, AS RE-
REFUNDING BONDS, SERIES 2017B AND QUIRED BY CITY OF DUBUQUE CODE OF
$2,155,000 (DOLLAR AMOUNT SUBJECT ORDINANCES TITLE 4 BUSINESS AND LI-
TO CHANGE) TAXABLE GENERAL OBLI- CENSE REGULATIONS, CHAPTER 2 LIQ-
GATION URBAN RENEWAL REFUNDING UOR CONTROL, ARTICLE B LIQUOR,
BONDS, SERIES 2017C BEER AND WINE LICENSES AND PERMITS
Whereas, a preliminary form of Official Whereas, applications for Beer, Liquor,
Statement has been prepared for the purpose and or Wine Permits have been submitted and
of covering the $8,830,000 (Dollar Amount filed with the City Council for approval and the
Subject to Change) General Obligation Bonds, same have been examined and approved; and
Series 2017A, $10,105,000 (Dollar Amount Whereas, the premises to be occupied by
Subject to Change) General Obligation Urban such applicants were inspected and found to
Renewal Refunding Bonds, Series 2017B and comply with the Ordinances of the City and the
$2,155,000 (Dollar Amount Subject to Change) applicants have filed the proper fees and
Taxable General Obligation Urban Renewal bonds and otherwise complied with the re-
Refunding Bonds, Series 2017C; and quirements of the Code of Ordinances.
Whereas, it is appropriate that the form of NOW, THEREFORE, BE IT RESOLVED
the Preliminary Official Statement be ap- BY THE CITY COUNCIL OF THE CITY OF
proved, and upon completion of the same, that DUBUQUE, IOWA:
the Preliminary Official Statement be used in Section 1. The City Clerk is hereby author-
connection with the sale of the Bonds. ized and directed to cause to be issued the
NOW, THEREFORE, BE IT RESOLVED noted permit types to the following applicants
BY THE CITY COUNCIL OF THE CITY OF pending submission of the locally required
DUBUQUE, IOWA: documentation:
Section 1. The Preliminary Official State- Renewals
ment in the form presented to this meeting be Big 10 Mart, 2100 J.F. Kennedy Rd., Class C
and the same is hereby approved as to form, Beer, Class B Wine (Sunday)
and will be deemed final for purposes of Rule BP, 1450 Loras Blvd., Class E Liquor, Class B
15c2-12 of the Securities and Exchange Wine, Class C Beer(Sunday)
Commission, subjectto such revisions, correc- Exxtreme Pub, 1706 Central Ave., Class C
tions or modifications as the City Clerk shall Liquor(Sunday)
determine to be appropriate, in consultation Hy-Vee #3, 400 Locust St., Class E Liquor,
with Bond Counsel and Disclosure Counsel Class B Wine, Class C Beer(Sunday)
and is authorized to be used thereafter in con- Hy-Vee Gas#3, 300 Locust St., Class C Beer,
nection with the Bond sale. Class B Native Wine (Sunday)
Passed and approved this 6th day of Kwik Stop 16t° St. #300, 1215 E. 16�° St.,
March, 2017. Class E Liquor, Class B Wine, Class C Beer
Roy D. Buol, Mayor (Sunday)
Attest: Kevin S. Firnstahl, City Clerk New
Yardarm, 1201 Shiras Ave., Class C Liquor
16. Alcohol Compliance Civil Penalty for (Outdoor) (Sunday)
Alcohol License Holder - Jumper's Sports Bar Passed, approved and adopted this 6t° day
& Grill: City Manager recommending approval of March, 2017.
of the AcknowledgmenUSettlement Agreement Roy D. Buol, Mayor
for an alcohol compliance violation for Jump- Attest: Kevin S. Firnstahl, City Clerk
er's Sports Bar & Grill, 2600 Dodge Street.
Upon motion the documents were received, ITEMS SET FOR PUBLIC HEARING
filed and approved.
Motion by Lynch to receive and file the
17. Alcohol License Applications: City documents, adopt the resolutions, set the pub-
Manager recommending approval of annual lic hearings as indicated, and direct the City
beer, liquor and wine licenses as submitted. Clerk to publish notice as prescribed by law.
Upon motion the documents were received Seconded by Connors. Motion carried 7-0.
and filed and Resolution No. 84-17 Approving
applications for beer, liquor, and/or wine per- 1. Fiscal Year 2017 Second Budget
mits, as required by City of Dubuque Code of Amendment: City Manager recommending the
Book 147 Regular Session, March 6, 2017 77
second Fiscal Year 2017 Budget Amendment RESOLUTION NO. 86-17
be set for public hearing for March 20, 2017. WESTSIDE WATER SYSTEM IMPROVE-
Upon motion the documents were received MENTS ENGLISH MILL 8. NORTH CAS-
and filed and Resolution No. 85-17 Setting the CADE ROAD WATER MAIN EXTENSION
date for the public hearing on Amendment No. AND THE ENGLISH MILL ROAD PUMP
2 to the Fiscal Year 2017 Budget for the City of STATION PRELIMINARY APPROVAL OF
Dubuque was adopted setting a public hearing PLANS, SPECIFICATIONS, FORM OF CON-
for a meeting to commence at 6:00 p.m. on TRACT, AND ESTIMATED COST; SETTING
March 20, 2017 in the Historic Federal Build- DATE OF PUBLIC HEARING ON PLANS,
ing. SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; AND ORDERING
RESOLUTION NO. 85-17 THEADVERTISEMENT FOR BIDS
SETTING THE DATE FOR THE PUBLIC NOW THEREFORE, BE IT RESOLVED
HEARING ON AMENDMENT NO. 2 TO THE BY THE CITY COUNCIL OF THE CITY OF
FISCAL YEAR 2017 BUDGET FOR THE DUBUQUE, IOWA:
CITY OF DUBUQUE The proposed plans, specifications, form of
Whereas, lowa Code Section 384.16 pro- contract and estimated cost for the Westside
vides that the City Council shall set a time and Water System Improvements - English Mill &
place for a public hearing on amendments to North Cascade Road Water Main Extension
the budget and publish notice before the hear- and the English Mill Road Pump Station in the
ing as provided in lowa Code Section 362.3. estimated amount $2,640,000.00, are hereby
NOW THEREFORE, BE IT RESOLVED preliminarily approved and ordered filed in the
BY THE CITY COUNCIL OF THE CITY OF office of the City Clerk for public inspection.
DUBUQUE, IOWA: A public hearing will be held on the 20�n
Section 1. That the City Council shall con- day of March, 2017, at 6:00 p.m. in the Historic
duct a public hearing on proposed Amendment Federal Building Council Chambers (second
No. 2 to the Fiscal Year 2017 budget for the floor) 350 W. 6�° Street, Dubuque, lowa, at
City of Dubuque at the City Council Chambers which time interested persons may appear and
at the Historic Federal Building, 350 West 6t° be heard for or against the proposed plans and
Street, Dubuque, lowa, on Monday, March 20, specifications, form of contract and estimated
2017, beginning at 6:00 p.m. cost of said Project, and the City Clerk be and
Sedion 2. That the City Clerk be and is is hereby directed to cause the attached notice
hereby authorized and directed to publish no- of the time and place of such hearing to be
tice of the public hearing, according to law, published in a newspaper having general cir-
together with the required budget information. culation in the City of Dubuque, lowa, which
Passed, approved and adopted this 6t° day notice shall be published not less than four
of March 2017. days nor more than twenty days prior to the
Roy D. Buol, Mayor date of such hearing. At the hearing, any inter-
Attest: Kevin S. Firnstahl, City Clerk ested person may appear and file objections to
the proposed plans, specifications, form of
2. Westside Water System Improvements - contract, or estimated cost of the Project.
English Mill and North Cascade Road Water The Westside Water System Improve-
Main Extension and English Mill Road Pump ments - English Mill & North Cascade Road
Station Project Initiation: City Manager rec- Water Main Extension and the English Mill
ommending initiation of the public bidding pro- Road Pump Station is hereby ordered to be
cedure for the English Mill and North Cascade advertised for bids for construction.
Road Water Main Extension and English Mill The amount of the security to accompany
Road Pump Station Project, and further rec- each bid shall be in an amount which shall
ommends that a public hearing be set for conform to the provisions of the Notice to Bid-
March 20, 2017. Upon motion the documents ders hereby approved.
were received and filed and Resolution No. 86- The City Clerk is hereby directed to adver-
17 Preliminary approval of plans, specifica- tise for bids for the construction of the im-
tions, form of contract, and estimated cost; provements herein provided, by publishing the
setting date of public hearing on plans, specifi- attached Notice to Bidders to be published in a
cations, form of contract, and estimated cost; newspaper having general circulation in the
and ordering the advertisement for bids was City of Dubuque, lowa, which notice shall be
adopted setting a public hearing for a meeting published not less than four but not more than
to commence at 6:00 p.m. on March 20, 2017 forty-five days before the date for filing bids
in the Historic Federal Building. before 2:00 p.m. on the 6t° day of April, 2017.
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
17t° day of April, 2017, in the Historic Federal
Book 147 Regular Session, March 6, 2017 78
Building Council Chambers (second floor), 350 its intent to dispose of City interest in real
West 6�°Street, Dubuque, lowa. property located between Queen and Regent
Passed, adopted and approved this 6t° day Streets, described as:
of March, 2017. Vacated alley betw�en Regent Street
Roy D. Buol, Mayor and Queen street, (the Property) as
Attest: Kevin S. Firnstahl, City Clerk shown on Exhibit A; and
Whereas, pursuant to published notice, a
BOARDS/COMMISSIONS public hearing was held on the proposed dis-
position on March 6, 2017 at 6:00 p.m. in the
Applicants were invited to address the City Historic Federal building, 350 W. 6t° street,
Council regarding their desire to serve on the Dubuque, lowa; and
following Boards/Commissions. Whereas, it is the determination of the City
Council that approval of the Purchase and
1. Community Development Advisory Sale Agreement, as amended, providing for
Commission: One, 3-year term through Febru- the sale of the Property to Marquette Hall, LLC
ary 15, 2020 (Expiring Low- to Moderate- according to the terms and conditions set out
Income Representative term of Burley) Appli- in the Purchase and Sale Agreement is in the
cant: Sara Burley, 2622 Broadway. public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
2. Housing Code Appeals Board: One, 3- BY THE CITY COUNCIL OF THE CITY OF
year term through January 11, 2019 (Vacant DUBUQUE, IOWA:
term of Miller) Applicant: Gil Spence, 975 Section 1. The Purchase and Sale Agree-
Grove Terrace. Mr. Spence spoke in support ment by and between the City of Dubuque and
of his appointment and provided a brief biog- Marquette Hall, LLC for the sale of the Proper-
raphy. ty is hereby approved.
Sedion 2. The Mayor and City Clerk are
3. Mechanical and Plumbing Code Board: hereby authorized and directed to execute a
One, 3-year term through March 16, 2020 (Ex- Special Warranty Deed, conveying the City's
piring Term of Giese) Applicant: Tom Giese, interest in the Property, to Marquette Hall,
395 Villa St. LLC.
Sedion 3. The City Manager is authorized
4. Zoning Board of Adjustment: One, 5- to take such action as is necessary to carry out
year term through March 25, 2022 (Expiring the terms of the Purchase and Sale Agree-
term of Golombeski) Applicant: Bethany ment.
Golombeski, 65 Cambridge Ct. Passed, approved and adopted this 6t° day
of March, 2017.
PUBLIC HEARINGS Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
1. Marquette Hall, LLC Sale of Property:
Proof of publication on notice of public hearing 2. Ham House Masonry Rehabilitation Pro-
to consider approval of a resolution disposing jed: Proof of publication on notice of public
of interest in a vacated alley between Regent hearing to consider approval of the plans,
Street and Queen Street, as shown on Exhibit specifications, form of contract and estimated
A, by sale to Marquette Hall, LLC and the City cost for the Ham House Masonry Rehabilita-
Manager recommending approval. Motion by tion Project and the City Manager recommend-
Lynch to receive and file the documents and ing approval. Motion by Connors to receive
adopt Resolution No. 87-17 Disposing of an and file the documents and adopt Resolution
interest in real property by Deed pursuant to a No. 88-17 Approval of plans, specifications,
Purchase and Sale Agreement between the form of contract, and estimated cost for the
City of Dubuque and Marquette Hall, LLC. Ham House Masonry Rehabilitation Project.
Seconded by Connors. Dale Frommelt, Seconded by Lynch. Motion carried 7-0.
995 Prince Phillip Dr., and representing Ameri-
can Realty and both buyer and seller, spoke in RESOLUTION NO. 88-17
support of the sale. Motion carried 7-0. APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
RESOLUTION NO. 87-17 COST FOR THE HAM HOUSE MASONRY
DISPOSING OF AN INTEREST IN REAL REHABILITATION PROJECT
PROPERTY BY DEED PURSUANT TO A NOW THEREFORE, BE IT RESOLVED
PURCHASE AND SALE AGREEMENT BE- BY THE CITY COUNCIL OF THE CITY OF
TWEEN THE CITY OF DUBUQUE AND DUBUQUE, IOWA:
MARQUETTE HALL, LLC
Whereas, the City Council, by Resolution
No. 79-17, dated February 27, 2017, declared
Book 147 Regular Session, March 6, 2017 79
That the proposed plans, specifications, Whereas, by Resolution 48-17 on February
form of contract and estimated cost for the 6, 2017 the City Council of the City of Dubu-
Ham House Masonry Rehabilitation Project, in que, lowa authorized the preparation of an
the estimated amount $190,000, are hereby Amended and Restated Urban Renewal Plan
approved. (the "Amended and Restated Plan'� for the
Passed, adopted and approved this 6�° day Greater powntown Urban Renewal District
of March, 2017. (the"DistricY'); and
Roy D. Buol, Mayor Whereas, the City of Dubuque's primary
Attest: Kevin S. Firnstahl, City Clerk objective for the Amended and Restated Plan
is to provide opportunities which will further
3. Five Flags Theater Masonry Rehabilita- economic development purposes and objec-
tion Project: Proof of publication on notice of tives and remediate blighting conditions, and
public hearing to consider approval of the that to address these objedives additional land
plans, specifications, form of contract and es- and projects are being added as described in
timated cost for the Five Flags Theater Mason- the Plan in the District; and
ry Rehabilitation Project. Motion by Lynch to Whereas, a consultation process has been
receive and file the documents and adopt undertaken with affected taxing entities in ac-
Resolution No. 89-17 Approval of plans, speci- cordance with Chapter 403 of the Code of lo-
fications, form of contract, and estimated cost wa with no written objections or recommended
for the Five Flags Theater Masonry Rehabilita- changes to the Amended and Restated Plan
tion Projed. Seconded by Jones. Motion car- received; and
ried 7-0. Whereas, the City Council, in accordance
with Chapter 403 of the Code of lowa, has
RESOLUTION NO. 89-17 held a public hearing on the proposed Amend-
APPROVAL OF PLANS, SPECIFICATIONS, ed and Restated Plan.
FORM OF CONTRACT, AND ESTIMATED NOW, THEREFORE, BE IT RESOLVED
COST FOR THE FIVE FLAGS THEATER BY THE CITY COUNCIL OF THE CITY OF
MASONRY REHABILITATION PROJECT DUBUQUE, IOWA:
NOW THEREFORE, BE IT RESOLVED Section 1. That the Amended and Restated
BY THE CITY COUNCIL OF THE CITY OF Urban Renewal Plan for the Greater pown-
DUBUQUE, IOWA: town Urban Renewal District, on file in the City
That the proposed plans, specifications, Clerk's Office and made reference to herein, is
form of contract and estimated cost for the hereby approved; that a feasible method exists
Five Flags Theater Masonry Rehabilitation for the location of any families who will be dis-
Project, in the estimated amount$239,000, are placed from the District into decent, safe and
hereby approved. sanitary dwelling accommodations within their
Passed, adopted and approved this 6t° day means and without undue hardship to such
of March, 2017. families; and that the Amended and Restated
Roy D. Buol, Mayor Plan conforms to the general plan of the City
Attest: Kevin S. Firnstahl, City Clerk as a whole. The City does not currently antici-
pate the acquisition of any real property in
4. Greater powntown Urban Renewal Dis- connection with the land and projects being
trict Amendment: Proof of publication the no- added by this amendment.
tice of public hearing to consider approval of Sedion 2. That the City Clerk of the City of
the Amended and Restated Urban Renewal Dubuque, lowa is hereby authorized and di-
Plan for the Greater powntown Urban Renew- rected to file a certified copy of this Resolution
al District. The amendment to this District will in the office of the Dubuque County Auditor.
authorize the inclusion of an adjacent area Passed, approved and adopted this 6t° day
which meets the definition of a blighted area of March, 2017.
and the City Manager recommending approv- Roy D. Buol, Mayor
al. Motion by Connors to receive and file the Attest: Kevin S. Firnstahl, City Clerk
documents and adopt Resolution No. 90-17
Approving the Amended and Restated Urban ACTION ITEMS
Renewal Plan for the Greater powntown Ur-
ban Renewal District. Seconded by Jones. 1. Greater Dubuque Development Corpo-
Motion carried 7-0. ration - Quarterly Update: President and CEO
Rick Dickinson presented the quarterly update
RESOLUTION NO. 90-17 on the activities of the Greater Dubuque De-
APPROVING THE AMENDED AND RE- velopment Corporation. Highlights included an
STATED URBAN RENEWAL PLAN FOR invitation to the March 22, 2017 five-year capi-
THE GREATER DOWNTOWN URBAN RE- tal campaign and strategy kickoff and com-
NEWAL DISTRICT mending the City for approving the Natural
Gas Motor Vehicle Incentive Agreement with
Book 147 Regular Session, March 6, 2017 80
Black Hills Energy. Mr. Dickinson urged sup- al District. Seconded by Lynch. Motion carried
port for the purchase of compressed natural 7-0.
gas fueled vehicles and cited the positive im-
pact on sustainability, health, and economic OFFICIAL PUBLICATION
development of locally produced fuel. Motion ORDINANCE NO. 6-17
carried 7-0. AMENDING ORDINANCE NO. 59-16, PRE-
VIOUSLY AMENDED, PROVIDING THAT
2. Miracle Field: City Manager recommend- GENERAL PROPERTY TAXES LEVIED AND
ing approval for Tom and Carol Witry and COLLECTED EACH YEAR ON ALL PROP-
Merle and Mary Santjer to present information ERTY LOCATED WITHIN THE GREATER
related to their proposed projed request in DOWNTOWN URBAN RENEWAL DISTRICT
Veterans' Memorial Park to develop and con- OF THE CITY OF DUBUQUE, COUNTY OF
strud a Miracle League baseball field and all- DUBUQUE, STATE OF IOWA, BY AND FOR
inclusive playground for Dubuque area chil- THE BENEFIT OF THE STATE OF IOWA,
dren and adults with special needs. It is further CITY OF DUBUQUE, COUNTY OF DUBU-
recommending that the City Council approve QUE, DUBUQUE COMMUNITY SCHOOL
the site plan and grant City staff permission to DISTRICT, AND OTHER TAXING DIS-
negotiate an agreement to be presented to the TRICTS, BE PAID TO A SPECIAL FUND
City Council at a future meeting for approval. FOR PAYMENT OF PRINCIPAL AND IN-
Motion by Jones to receive and file the docu- TEREST ON LOANS, MONIES ADVANCED
ments and approve the recommendation. Se- TO AND INDEBTEDNESS, INCLUDING
conded by Connors. Marty Johnson of Straka BONDS ISSUED OR TO BE ISSUED, IN-
Johnson Architects, Mr. Witry and Mr. Santjer CURRED BY SAID CITY IN CONNECTION
presented details of the project. Responding to WITH THE AMENDED AND RESTATED UR-
questions from the City Council about possibly BAN RENEWAL PLAN FOR THE GREATER
changing the street name to better identify the DOWNTOWN URBAN RENEWAL DISTRICT
location for GPS purposes, the City Manager Whereas, the City Council of the City of
noted that staff can research the background Dubuque, lowa (the "City") has heretofore, in
of the current street name for any prior history Ordinance No. 30-82, provided for the division
as well as determine the impact of a name of taxes within the original Downtown Dubuque
change on adjacent property owners. Motion Urban Renewal Project, lowa R-15, described
carried 7-0. in Resolution No. 123-67 adopted on May 18,
1967, pursuant to Sedion 403.19 of the Code
3. Greater powntown Urban Renewal Dis- of lowa; and
trict Amendment — Ordinance: City Manager Whereas, the Urban Renewal Plan for the
recommending approval of an Ordinance original Downtown Dubuque Urban Renewal
amending the Tax Increment Financing District Project, lowa R-15, subsequently has been
for the Greater powntown Urban Renewal amended on numerous occasions, growing
District to include the new 15t°Street Subarea. through expansion or merger with other exist-
Motion by Connors to receive and file the doc- ing urban renewal districts, resulting in Bluff
uments and that the requirement that a pro- Street, Cable Car, Chaplain Schmitt, East 7�n
posed ordinance be considered and voted on Street, Ice Harbor Subarea A, Ice Harbor Sub-
for passage at two Council meetings prior to area B, Ice Harbor Subarea C, Industrial Har-
the meeting at which it is to be passed be sus- bor, Kerper Boulevard, Old Main, South Bluff,
pended. Seconded by Lynch. Motion carried 7- South Main, South Port, Town Clock, Town
0. Clock Expansion, Upper Main, Warehouse,
Motion by Connors for final consideration Washington Street, North Kerper Boulevard,
and passage of Ordinance No. 6-17 Amending Quebecor, Harrison Street, Holy Ghost, AI-
Ordinance No. 59-16, previously amended, mond Street, North End, West Locust Street
providing that General Property Taxes levied Corridor, University Avenue Corridor, and
and collected each year on all property located Brewing & Malting Subareas being added to
within the Greater powntown Urban Renewal what is now known as the Amended and Re-
District of the City of Dubuque, County of stated Greater powntown Urban Renewal Dis-
Dubuque, State of lowa, by and for the benefit trict; and
of the State of lowa, City of Dubuque, County Whereas, consistent with the amendments
of Dubuque, Dubuque Community School Dis- to the Urban Renewal Plan, Ordinance No. 30-
trict, and other Taxing Districts, be paid to a 82 subsequently was amended on numerous
Special Fund for payment of principal and in- occasions to provide for the division of taxes
terest on loans, monies advanced to and in- within the Amended and Restated Greater
debtedness, including bonds issued or to be Downtown Dubuque Urban Renewal District,
issued, incurred by said City in connection with most recently by Ordinance No. 59-16, creat-
the Amended and Restated Urban Renewal ing separate base valuations for the Bluff
Plan for the Greater powntown Urban Renew- Street, Cable Car, Chaplain Schmitt, East 7�n
Book 147 Regular Session, March 6, 2017 81
Street, Ice Harbor Subarea A, Ice Harbor Sub- 54.5' of City Lots 103 & 138, and the va-
area B, Ice Harbor Subarea C, Industrial Har- cated alley between said lots; thence east
bor, Kerper Boulevard, Old Main, South Bluff, along the north right-of-way line of Ninth
South Main, South Port, Town Clock, Town Street to its intersection with the east right-
Clock Expansion, Upper Main, Warehouse, of-way line of Central Avenue, and point of
and Washington Street, North Kerper Boule- beginning, including all public rights-of-
vard, Quebecor, Harrison Street, Holy Ghost, way.
Almond Street, North End, West Locust Street (b) Town Clock Expansion Subarea
Corridor, University Avenue Corridor, and shall mean and include the following de-
Brewing & Malting Subareas; and scribed properties: South 1/2 of City Lot
Whereas, the Urban Renewal Plan for the 167, City Lot 168 and City Lot 168A (lowa
Greater powntown Urban Renewal District Inn property); and Lots 1 & 2 of City Lots
was further amended and restated as an 204, 205, 206, 207 and 208, N. 23' of City
Amended and Restated Urban Renewal Plan, Lot 263, S. 28.5' of City Lot 263, N. 1/2 of
pursuant to Resolution No. 90-17 approved on City Lot 262, S. 1/2 of City Lot 262, N. 1/2
March 6, 2017, for the purpose of expanding of City Lot 261 (Parking Lot Number 1), all
the Greater powntown Urban Renewal District in the City of Dubuque, lowa and any ad-
to include an additional area described as the joining public right-of-way
15t°Street Subarea; and (c) Old Main Subarea shall mean and
Whereas, indebtedness has been incurred include that area generally bounded on the
by the City, and additional indebtedness is North by Fourth Street, on the West by Lo-
anticipated to be incurred in the future, to fi- cust Street, on the South by the Locust
nance urban renewal project adivities within Street Connector and on the East by the
the combined area known as the Greater U.S. Highway 151/61 right-of-way, includ-
Downtown Urban Renewal District (the ing all public rights-of-way.
"Greater powntown Urban Renewal DistricY'), (d) Upper Main Subarea shall mean
and the continuing needs of redevelopment and include that area generally bounded
within the Greater powntown Urban Renewal on the North by Fourteenth Street, on the
District are such as to require the continued West by Locust Street but including City
application of the incremental tax resources Lots 658A, 659, 660, and the balance of
within the expanded Greater powntown Urban City Lots 658 (Carnegie-Stout Public Li-
Renewal District; and brary), on the South by the northerly
Whereas, the following enactment is nec- boundary of the Town Clock Subarea and
essary to accomplish the objectives described on the East by Central Avenue, and includ-
in the premises. ing all public rights-of-way.
NOW, THEREFORE, BE IT ORDAINED (e) Ice Harbor Subarea A shall mean
BY THE CITY COUNCIL OF THE CITY OF and include that area generally bounded
DUBUQUE, IOWA, THAT: on the north by the public alley located be-
Ordinance No. 59-16 is hereby amended to tween the vacated Fourth Street and Third
read as follows: Street, on the west by the Chicago, Central
Sedion 1: For purposes of this Ordinance, and Pacific Railroad right-of-way, on the
the following terms shall have the following south by East First Street and on the east
meanings: by the municipal limits of the City of Dubu-
(a) Town Clock Subarea shall mean que, lowa and including any adjoining pub-
and include that area described as follows: lic right-of-way.
Beginning at the intersection of the north (� Ice Harbor Subarea B shall mean
right-of-way line of Ninth Street with the and include that area generally bounded
east right-of-way line of Central Avenue; on the north and west by the Chicago,
thence south along the east right-of-way Central and Pacific Railroad right-of-way,
line of Central Avenue to its intersection on the south by the northerly boundary of
with the south right-of-way line of Fourth Subarea A and on the east by the munici-
Street; thence west along the south right- pal limits of the City of Dubuque including
of-way line of Fourth Street to its intersec- any adjoining public right-of-way.
tion with the west right-of-way line of Lo- (g) Ice Harbor Subarea C shall mean
cust Street; thence north along the west and include Lot 1-2 and Lot 2-2 of Adams
right-of-way line of Locust Street to its in- Company's 4t° Addition, and all that part of
tersection with the north right-of-way line of Lot 2-1 of Adams Company's 4t° Addition
Ninth Street, but also including the adja- lying w�st of the northerly extension of the
cent City Lots 623 and 624 (Dubuque Mu- westerly line of the Balance of Lot 3 of Ad-
seum of Art), the Locust Street Parking ams Company's 2od Addition, in the City of
Ramp between 8t° and 9�° Streets and the Dubuque, lowa including any adjoining
former U.S. Federal Building located on public right-of-way.
City Lots 101, 102, 139, 140, and the N (h) Warehouse Subarea shall mean
Book 147 Regular Session, March 6, 2017 82
and include that area generally bounded by centerline of Jones Street; Thence north-
the following description: Commencing as westerly along the centerline of Jones
a point of reference at the intersection of Street to a point of intersection with the
the centerlines of 11t° Street and Central easterly line of Lot 2D of vacated Shields
Avenue in the City of Dubuque, Dubuque Street extended northerly; Thence south-
County, lowa, said point being the point of easterly along the easterly line of Lot 2D of
beginning; Thence northeasterly along the vacated Shields Street to the southeasterly
centerline of 11t° Street to a point of inter- corner of said Lot 2D; Thence southwester-
sedion with the centerline of White Street; ly along the southerly lines of Lot A and Lot
Thence northwesterly along the centerline 2D of vacated Shields Street and Lot 1 of 2
of White Street to a point of intersection of City Lot 543 extended westerly to a point
with the centerline of 12�° Street; Thence of intersection with the centerline of Locust
northeasterly along the centerline of 12th Street; Thence northeasterly along the
Street and extension thereof to a point of centerline of Locust Street to a point of in-
intersection with the centerline of US tersection with the centerline of the Second
Highways 151 and 61; Thence southwest- Street Connector, also being the point of
erly along the centerline of US Highways beginning.
151 and 61 to a point of intersection with Q) South Port Subarea shall mean and
the centerline of 4t° Street extended; include that area generally bounded by the
Thence southw�sterly along the centerline following description: Beginning at a point
of 4�° Street and extension thereof to a of reference at the northwest corner of Lot
point of intersection with the centerline of 2 of AA Cooper Wagon Works Block in the
Central Avenue; Thence northwesterly City of Dubuque, Dubuque County lowa,
along the centerline of Central Avenue to a said point being on the southerly right of
point of intersection with the centerline of way line of East First Street; Thence
g�n Street; Thence southwesterly along the southeasterly along the southerly right of
centerline of 9t° Street to a point of inter- line of East First Street and extension
section with the westerly line of City Lot thereof to the municipal limits of the City of
259 extended southerly; Thence north- Dubuque; Thence southerly along said
westerly along the westerly line of City Lot municipal limits to a point of intersection
259, and Lots 1 and 2 of the Subdivision of with the southern right of way line of Rail-
the South '/� of City Lot 261 and City Lot road Ave. extended easterly; Thence
260 to the southwest corner of the N '/� of southwesterly along said right of way line
City Lot 261; Thence northeasterly along extension there to the southeast corner of
the southerly line of the N '/�of City Lot 261 Lot A, Block 15 Dubuque Harbor Compa-
and extension thereof to a point of inter- ny's Addition; Thence northwesterly along
sedion with the centerline of Central Ave- the easterly line of said Lot A to the nor-
nue; Thence northwesterly along the cen- therly right of way line of Railroad Ave.,
terline of Central Avenue to a point of in- and south line of lot 1 of 5 of Block 27
tersection of 11t° Street also being point of Dubuque Harbor Company's Addition;
beginning. Thence northw�sterly along the westerly
(i) South Main Subarea shall mean and lines of lots 1 of 5, 1 of 4, 1 of 3, 1 of 2 and
include that area generally bounded by the 1 of 1 of said Block 27 to the south line of
following description: Commencing as a lot 4A of said Block 17; Thence westerly to
point of reference at a point of intersection the easterly right of way line of vacated
of the centerline of Locust Street with the Water Street; Thence northwesterly along
Locust Street Connedor in the City of said easterly line to the southwesterly cor-
Dubuque, Dubuque County, lowa, said ner of lot 2 of said Block 17; Thence west-
point being the point of beginning; Thence erly along the extension of the southerly
northeasterly along the centerline of the line of said Lot 2 to the westerly line of Va-
Locust Street Connector to a point of inter- cated Water Street; Thence northerly along
section with the centerline of US Highways said westerly right of way line to the south-
52, 61, and 151; Thence southeasterly erly corner of Lot 2 of Block 18 of Dubuque
along the centerline of US Highways 52, Harbor Company's Addition; Thence
61, and 151 to a point of intersection with northwesterly along the westerly line of
the centerline of the eastern section of said Lot 2 to a point of intersection with the
Jones Street extended southwesterly; southerly right of way line of vacated Char-
Thence southwesterly along said extension ter St; Thence southwesterly along said
of the centerline of the eastern section of right of way line and extension thereof the
Jones Street to a point of intersection with centerline of South Main Street; Thence
the centerline of Main Street; Thence northwesterly along said centerline to the
northwesterly along the centerline of Main northerly line of Lot 5, Block 13 Dubuque
Street to a point of intersection with the Harbor Company's Addition extended
Book 147 Regular Session, March 6, 2017 83
northeasterly; Thence southwesterly along extended southwesterly; Thence north-
said line to the easterly line of Lots 7 and 8 easterly along the northerly line of Cathe-
of said Block 13; Thence southeasterly dral Center to a point of intersection with
along the easterly lines of said Lots 7 & 8 the westerly right of way line of Bluff Street;
and extension thereof to the centerline of Thence northwesterly along said westerly
Charter Street; Thence southwesterly right of way line of Bluff Street and exten-
along said centerline to the centerline of sion thereof to a point of intersection with
Salina Street; Thence northwesterly along the centerline of Third Street; Thence
said centerline to the northerly line of Lot 1 southwesterly along the centerline of Third
of Harrison Street Place No. 4 extended Street to a point of intersection with the
northeasterly; Thence southwesterly along westerly line of Lot 1 of the East 78 ft. of
the northerly lines of said Lot 1 of Harrison the South 100 ft. of Lot 4 of City Lot 692
Street Place No. 4 extended to the wester- extended southerly; Thence northwesterly
ly right of way line of Harrison St.; Thence along said westerly line to a point of inter-
northerly along the easterly line of Lot 3 of section with the southerly line of Fenelon
Raymond Baumhover Subdivision to the Point Subdivision; Thence northeasterly
northeast corner of said Lot 3, thence along said southerly line to a point of inter-
westerly along the northerly line of said Lot section with the westerly line of Lot 2 of 2
3 and westerly extension thereof to the of City Lot 692; Thence northwesterly
centerline of relocated South Locust St; along said westerly line and westerly line of
Thence northerly along said centerline to Lot 1 of 2 of City Lot 692 to a point of inter-
the centerline of Dodge St; Thence easter- section with the southerly right of way line
ly along said centerline of Dodge Street to of W. Fourth Street; Thence northeasterly
a point of intersection with the westerly line across W. Fourth Street to the southwest
of Lot E of vacated Shields Street extend- corner of Lot 1 of Evan's Place, said point
ed southerly; Thence northerly along said also being on the northerly right of way line
westerly line to the northwest corner of of W. Fourth Street; Thence northwesterly
said lot E; Thence easterly along the north along the west line of said Lot 1 to the
line of said lot E and Lot 6 Block 11 of southeast corner of Lot 34 of Cooper
Dubuque Harbor Company's Addition and Heights Addition; Thence continuing
extension thereof to the centerline of Main northwesterly along the easterly line of
Street; Thence southeasterly along the Lots 34, 35, 36 and 37 of Cooper Heights
centerline of Main St. to the centerline of Addition to a point of intersection with the
Dodge Street; Thence easterly along the southerly right of way line of W. Fifth
centerline of Dodge St to the intersection of Street; Thence northeasterly to a point of
Highway 61/151; Thence northwesterly intersection in the centerline of W. Fifth
along said centerline to a point of intersec- Street approximately 270 feet southwester-
tion with the southerly right of way line of ly of the centerline of Bluff Street; Thence
East First Street; Thence southeasterly northwesterly along the centerline of W.
along said right of way line to the point of Fifth Street to a point of intersection with
beginning. the southerly line of Coriell's Dubuque also
(k) Cable Car Subarea shall mean and being the northerly right of way line of W.
include that area generally bounded by the Fifth Street; Thence northeasterly along
following description: Commencing as a said right of way line of W. Fifth St. to the
point of reference at the intersection of the southwest corner of Lot 1 of City Lot 690;
centerlines of Second Street and Locust Thence northwesterly along the westerly
Street in the City of Dubuque, Dubuque line of said Lot 1 to the northwest corner of
County, lowa, said point being the point of said Lot 1; Thence northeasterly along the
beginning; Thence southeasterly along the northerly line of said Lot 1 to the northeast
centerline of Locust Street to a point of in- corner of said Lot 1; Thence southeasterly
tersedion with the centerline of First along the easterly line of said Lot 1 to a
Street; Thence southwesterly along the point of intersection with the northerly line
centerline of First Street to a point of inter- of the south 62.5 ft. of the north 64 ft. of
section with the centerline of Bluff Street; City lot 617; Thence northeasterly along
Thence northwesterly along the centerline said northerly line and extension thereof to
of Bluff Street to a point of intersection with a point of intersection with the centerline of
the centerline of Emmett Street; Thence Bluff Street; Thence southeasterly along
southwesterly along the centerline of Em- the centerline of Bluff Street to a point of
mett Street to a point of intersection with intersection with the northerly line of the
the centerline of St. Mary's Street; Thence south 10 ft. of City Lot 138 extended
northwesterly along the centerline of St. southwesterly; Thence northeasterly along
Mary's Street and to a point of intersection said northerly line and northerly line of the
with the northerly line of Cathedral Center south 10 ft. of the south 34.6 ft. of City Lot
Book 147 Regular Session, March 6, 2017 84
103 and extension thereof to a point of in- West Eighth Street; thence northwesterly
tersedion with the centerline of Locust along said centerline of West Eighth Street
Street; Thence southeasterly along the to a point of intersedion with the westerly
centerline of Locust Street to a point of in- line of Lot 1 of the Subd'n. of City Lot 688
tersection with the centerline of Second and part of City Lot 654 extended souther-
Street, said point being the point of begin- ly; thence northwesterly along said wester-
ning. ly line of Lot 1 and extension thereof nor-
(I) Bluff Street Subarea shall mean and therly to a point of intersection with the
include that area generally bounded by the centerline of West Ninth Street; thence
following description: Commencing as a southwesterly along the centerline of West
point of reference at the intersection of the Ninth Street to a point of intersection with
centerlines of W. Sixth Street and Bluff the southerly extension of the westerly line
Street in the City of Dubuque, Dubuque of Lot 2 of Lot 12 of Central Addition;
County, lowa, said point being the point of thence northwesterly along said westerly
beginning; thence southeasterly along the right of Lot 2 of Lot 12 to the northwest
centerline of Bluff Street to a point of inter- corner of said Lot; thence northeasterly
section with the northerly line of the south along the northerly line of said Lot 2 of Lot
62.5 ft. of the north 64 ft. of City Lot 617 12 to the northeast corner of said Lot;
extended southeasterly; thence south- thence southeasterly along said easterly
westerly along said northerly line to the line of said Lot 2 of Lot 12 to the southwest
easterly line of Lot 1 of City Lot 690; corner of Lot 1 of Lot 11 of Central Addi-
thence northwesterly along the easterly tion; thence northeasterly along the south-
line of said Lot 1 to the northeast corner of erly line of Lot 1 of Lot 11 and Lot 1 of Lot
said Lot 1; thence southwesterly along the 10 of Central Addition to a point of inter-
northerly line of said Lot 1 to the northwest section with the westerly line of Lot 1 of Lot
corner of said Lot 1; thence southeasterly 9 of Central Addition; thence northwesterly
along the westerly line of said Lot 1 to a along said westerly line of Lot 1 of Lot 9 to
point of intersection with northerly right of a point of intersection with the southerly
way line of W. Fifth Street; thence south- right of way line of a public alley in Central
westerly along said right of way line of W. Addition; thence northeasterly along said
Fifth St. to the southeast corner of the southerly line to a point of intersection with
South 73' of Lot 13 of Coriell's Dubuque; the westerly line of Lot 1 of 1 of 10 of Lori-
thence northwesterly 73' along the easterly mer's Subdivision; thence northwesterly
line of said South 73' of Lot 13 of Coriell's along said westerly line of said Lot 1 of 1 of
Dubuque to the northeast corner of the 10 to the northerly line of Lorimer's Subdi-
South 73' of Lot 13 of Coriell's Dubuque; vision; thence northeasterly along the nor-
thence southwesterly along the northerly therly line of Lorimer's Subdivision to the
line of said South 73' of Lot 13 of Coriell's southeast corner of a public alley between
Dubuque to a point of intersedion with Corkery's Subdivision and City Lot 655;
westerly line of Lot 13 of Coriell's Dubu- thence northwesterly along the easterly
que; thence northwesterly along said west- right of way line of said alley to a point of
erly line of Lot 13 to a point of intersection intersection with West Eleventh Street;
with the southerly line of Lot 33 of Coriell's thence southwesterly along centerline of
Dubuque; thence northeasterly along said West Eleventh Street to a point of intersec-
southerly line of Lot 33 to a point of inter- tion with the centerline of Grove Terrace;
section with the westerly line of Lot 14 of thence northwesterly along centerline of
Coriell's Dubuque' thence northwesterly Grove Terrace to a point of intersection
along said westerly line of said Lot 14 to a with the northerly right of way line of Arling-
point of intersection with the southerly line ton Street; thence northeasterly along the
of Lot 34 of Coriell's Dubuque; thence northerly right of way line of Arlington
northeasterly along said southerly line of Street to the southeast corner of City Lot
Lot 34 to the easterly line of Coriell's 769B; thence northwesterly along the
Dubuque; thence northwesterly along said easterly line of said City Lot 769B to a
easterly line Lots 34, 35, 36, 37, 38, and 44 point of intersection with the southerly line
of Coriell's Dubuque to the northwest cor- of Lot 3 of Brown's Subdivision; thence
ner of the North 50' of Lot 1 of Lot 1 of City southwesterly along the southerly line of
Lot 653; thence northeasterly along the said Lot 3 to the southwest corner of said
northerly line of said North 50' of Lot 1 of lot; thence northwesterly along the westerly
Lot 1 of City Lot 653 to the southeast cor- line of said Lot 3 and extension thereof to a
ner of Lot 1 of McKinlay's Subdivision; point of intersection with the centerline of
thence northwesterly along said easterly Loras Boulevard; thence northeasterly
line of said Lot 1 and extension thereof to a along said centerline to a point of intersec-
point of intersection with the centerline of tion with the centerline of Locust Street;
Book 147 Regular Session, March 6, 2017 85
thence southeasterly along the centerline City Lot 694 extended southeasterly;
of Locust Street to a point of intersection thence northwesterly along the easterly
with the centerline of W. Eleventh Street; line of said Lot 3 of City Lot 694 and Lot 1-
thence southwesterly along the centerline 1 and 2-1 of City Lot 694 to the southwest
of W. Eleventh Street to a point of intersec- corner of Lot 1-2 of City Lot 694; thence
tion with the centerline of Bluff Street; northeasterly along said southerly line of
thence southeasterly along the centerline said Lot 1-2 of City Lot 694 to the south-
of Bluff Street to a point of intersection with east corner of said Lot; thence northwest-
the extension of the southerly line of City erly along said easterly line of Lot 1-2 of
Lot 658A; thence northeasterly along the City Lot 694 to a point of intersection with
southerly line of City Lot 658A extended the southerly line of Lot 12 of Saint Rapha-
and the southerly line of City Lot 658, ex- el's Addition; thence northeasterly along
cept the southerly one foot thereof, ex- said southerly line of said Lot 12 and ex-
tended to a point of intersection with the tension thereof to the centerline of St.
centerline of Locust Street; thence south- Mary's Street; thence northwesterly along
easterly along the centerline of Locust the centerline of St. Mary's Street to a point
Street to a point of intersection with the of intersection with the centerline of Em-
centerline of West Ninth Street; thence mett St.; thence northeasterly along the
southwesterly along the centerline of West centerline of Emmett St. to centerline of
Ninth Street to a point of intersedion with Bluff Street, said point being point of be-
the centerline of Bluff Street; thence south- ginning.
easterly along the centerline of Bluff Street (n) Kerper Boulevard Subarea shall
to a point of intersection with the centerline mean and include the following described
of West Eighth Street; thence northeasterly properties: Lot 1-2, Lot 2-2, Lot 2A, Lot 3
along the centerline of West Eighth Street and Lot 6 all in Kerper Industrial Park in the
to a point of intersection with the centerline City of Dubuque, Dubuque County, lowa,
of Locust Street; thence southeasterly also including the entire right of way of
along the centerline of Locust Street to a Kerper Court and the westerly portion of
point of intersection with the northerly line Kerper Boulevard right of way from the
of City Lot 624 extended northeasterly; abutting Kerper Court right of way and Lot
thence southwesterly along the northerly 3 of Kerper Industrial Park to the centerline
line of City Lot 624 extended southeasterly of Kerper Boulevard.
to the centerline of a public alley; thence (o) Washington Neighborhood Subarea
southeasterly along the centerline of a pub- shall mean and include that area generally
lic alley to a point of intersection with the bounded by the following description:
centerline of W. Seventh Street; thence Commencing as a point of reference at the
northeasterly along the centerline of W. intersection of the centerlines of Central
Seventh Street to a point of intersection Avenue and Loras Boulevard in the City of
with Locust Street; thence southeasterly Dubuque, Dubuque County, lowa, said
along the centerline of Locust Street to a point being the point of beginning; Thence
point of intersection with West Sixth Street; southwesterly along the centerline of Loras
thence southwesterly along the centerline Boulevard to a point of intersection with the
of West Sixth Street to a point of intersec- westerly line of Lot 3 of Brown's Subdivi-
tion with Bluff Street said point being the sion extended northerly; Thence northerly
point of beginning. to the southwest corner of Lot 23 of City
(m) South Bluff Street Subarea shall Lot 667; Thence northwesterly along the
mean and include that area generally westerly line of said Lot 23; Thence north-
bounded by the following description: easterly along the northerly line of said Lot
Commencing as a point of reference at the 2-3 to a point of intersection with the
intersection of the centerlines of Emmett southeasterly line of Lot 13 of City Lot
Street and Bluff Street in the City of Dubu- 667; Thence northeasterly along the said
que, Dubuque County, lowa, said point be- southeasterly line to the northeast corner
ing the point of beginning; thence south- of said Lot 13; Thence southwesterly
easterly along the centerline of Bluff Street along the northerly line of said Lot 13 to a
to a point of intersection with the centerline appoint of intersection with the easterly
W. First Street; thence southwesterly along right of way line of Montrose Terrace;
the centerline W. First Street to the center- Thence northwesterly along said the east-
line of Bluff Street; thence southwesterly erly right of way line to a point of intersec-
along the centerline of Bluff Street to a tion with the easterly right of way line of a
point of intersedion with the centerline public alley between D. N. Cooley's Subdi-
Dodge Street; thence southwesterly along vision and Fairview Subdivision; Thence
the centerline Dodge Street to a point of in- continuing northwesterly along said the
tersection with the easterly line of Lot 3 of easterly alley line to a point of intersection
Book 147 Regular Session, March 6, 2017 86
with the southerly right of way line of W. westerly right of way line to a point of inter-
17t° Street; Thence northwesterly crossing section with the northerly right of way line
W. 17t° St. to the most easterly corner of of W. Locust Street; Thence southeasterly
Lot 2-1-1-2 of City Lot 670, said point being crossing Ellis St. to a point of intersedion
at the point of intersection of the north right with the easterly right of way line of Ellis St.
of way of W. 17t° St. and westerly right of at the southerly right of way line of Dorgan
way line of W. Locust St.; Thence south- Place; Thence easterly along said souther-
westerly along the north right of way of W. ly right of way line of Dorgan Place to the
17t° St. to southeast corner of Lot 1-2-2 of northeast corner of Lot 1A of Dorgan's
City Lot 670; Thence northwesterly along Subdivision No. 2; Thence easterly cross-
the easterly lines of Lot 1-2-2 and Lot 2-2-2 ing Dorgan Place to the southwest corner
of City Lot 670 to a point of intersection of Lot 5-2 of City Lot 673; Thence northerly
with the southerly right of way line of Clark along the westerly line of said Lot 5-2 to
St.; Thence northwesterly crossing Clark the northwest corner thereof; Thence east-
St. to the southeasterly corner of Welsh erly along the northerly line of said Lot 5-2
Place; Thence northwesterly along the to a point of intersection with the westerly
easterly line of said Welsh Place to the right of way line of Madison Street; Thence
northeast corner thereof; Thence south- easterly crossing Madison St. to the most
westerly along the northerly line of said westerly corner of Lot A-2-1 of City Lot
Welsh Place to a point of intersection with 674, said point being on the easterly right
the easterly right of way line of a public al- of way line of Madison St. Thence easterly
ley along the westerly side of A. L. Bow- along the northerly line of said Lot A-2-1 to
en's Subdivision; Thence northwesterly a point of intersection with the easterly
along said easterly right of way line to a right of way line of Main Street; Thence
point of intersedion with the southerly right northerly along said easterly right of way
of way line of Angella Street; Thence line to the northwest corner of Lot 2-1 of
southwesterly along said southerly right of City Lot 674; Thence easterly and continu-
way line to the northeast corner of Lot 12 ing northeasterly along the northerly lines
of Gilliam's Subdivision; Thence north- of Lot 2-1, Lot 2-2, Lot 2-13, Lot 1-23 all
westerly crossing Angella St. to the most of the subdivision of City Lot 674 to a point
southerly corner of Lot 1 of Gilliam's Sub- of intersection with the westerly line of Lot
division said point being on the northerly 4 of City Lot 674; Thence northwesterly
right of way line of Angella St.; Thence along said westerly line to a point of inter-
northwesterly along the westerly line of section with the southerly line of Lot 1-1-2
said Lot 1 to a point of intersection with the of Duncan's Subdivision; Thence north-
southerly line of Lot 2 of Alvin Haas Place; easterly along said southerly line and
Thence southwesterly along the southerly southerly line of Lot 1 and Lot 2 of M. A.
line of Lot 1 and Lot 2 of Alvin Haas Place Rebman's Subdivision and extension
and the southerly line of the Westerly 40 thereof to a point of intersection with the
feet of Lot 3 of Quigley's Subdivision of Out easterly right of way line of Heeb Street;
Lot 710 to the most easterly corner of Lot Thence northwesterly along said easterly
24 of Quigley's Subdivision of Out Lot 710; right of way line to a point of intersection
Thence westerly along the southerly with the northerly right of way line of Clarke
boundary of Lots 4 through Lots 15 of Drive; Thence northwesterly along said
Quigley's Subdivision Out Lot 710 and the northerly right of way line to a point of in-
southerly line of Lots 9A, 10 and 11 of tersection with the easterly right of way line
Quigley's Subdivision Out Lot 711 to a of Heeb Street lying between Central Ave-
point of intersection with the easterly right nue and Shelby Street; Thence northwest-
of way line of Pierce Street; Thence nor- erly along said easterly right of way line to
therly along said easterly right of way line a point of intersection with the southerly
and extension thereof to a point of inter- right of way line of Kaufmann Avenue;
sedion with the northerly right of way line Thence easterly along said southerly right
of W. Locust Street; Thence easterly along of way line to a point of intersection with
said northerly right of way line to the east- the southerly extension of the easterly right
erly right of way line of Foye Street; of way line of a public alley lying between
Thence northerly along said easterly right Central Ave. and Francis Street; Thence
of way line to a point of intersection with northwesterly along said easterly right of
the southerly right of way line of a public al- way line to a point of intersection with the
ley lying between Almond and W. Locust southerly right of way line of W. 23rd Street;
Sts.; Thence easterly along said southerly Thence southw�sterly along said southerly
right of way line to a point of intersection right of way line to the northwest corner of
with the westerly right of way line of Ellis the East One-Half of Lot 11 of Tivoli Addi-
Street; Thence southeasterly along said tion; Thence northwesterly crossing W.
Book 147 Regular Session, March 6, 2017 87
23rd St. to the southwesterly corner of Lot 1 easterly along said northerly right of way
of Valeria Place No. 2; Thence northwest- line and extension thereof to a point of in-
erly along the westerly line of said Lot 1 to tersection with the easterly right of way line
a point of intersection with the southerly of Elm Street; Thence southeasterly along
line of Lot 2 of said Valeria Sub. No. 2; said easterly right of way line to a point of
Thence southwesterly along the southerly intersection with the northerly right of way
line of said Lot 2 to the southwest corner line of E. 24t° Street; Thence northeasterly
thereof; Thence northw�sterly along the along said northerly right of way line and
westerly line of said Lot 2 to a point of in- extension thereof to a point of intersection
tersection with the southerly line of Lot 2-1 with the easterly right of way line of Wind-
of Valeria Place; Thence northeasterly sor Avenue; Thence southeasterly along
along said southerly line to the southeast- said easterly right of way line to a point of
erly corner of said Lot 2-1; Thence north- intersection with the northerly right of way
westerly along the easterly line of said Lot line of E. 22od Street; Thence northeasterly
2-1 the northeast corner thereof, said point along said northerly right of way line to a
also being the southeasterly right of way point of intersection with the westerly right
line of Carr St.; Thence northwesterly of way line of Stafford Street; Thence
along the easterly right of way line of Carr northeasterly crossing Stafford Street to a
St. to a point of intersedion with the south- point of intersection of the easterly right of
erly right of way line of W. 24t° Street; way line of Stafford Street and the norther-
Thence northeasterly along said southerly ly right of way line of Thomas Place;
right of way line to a point of intersection Thence southeasterly along said easterly
with the southerly extension of the easterly right of way line of Stafford Street and ex-
right of way line of Division Street; Thence tension thereof to a point of intersection
northwesterly along said easterly right of with the southerly right of way line of Gar-
way line to the northwest corner of Lot 8 of field Avenue; Thence southwesterly along
Wullweber's Subdivision; Thence south- said southerly right of way line to a point of
westerly along the southerly line of John intersection with the centerline of Stafford
King's Subdivision to the southwest corner Street extended southeasterly; Thence
of the West 33.98 feet of Lot 1-6 of John southeasterly along the centerline of Staf-
King's Subdivision; Thence northwesterly ford Street extended to a point of intersec-
along the westerly line of the West 33.98 tion with the northwesterly line of Lot 2-2 of
feet of Lot 1-6 of John King's Subdivision Kerper Industrial Park; Thence southwest-
to the northwest corner thereof; Thence erly along said northwesterly line of Lot 1-2
northeasterly along the northerly line of of Kerper Industrial Park to the northern-
said West 33.98 feet to the southwest cor- most point of Lot 1 of Kerper Industrial
ner of Lot 1 of the East 329.98 feet of Lot 8 Park; Thence southwesterly along the
of John King's Subdivision; Thence north- westerly line of said Lot 1 to a point of in-
westerly along the westerly line of said Lot tersection with the northerly right of way
1 to a point of intersedion with the souther- line of E. 16t° Street; Thence southwesterly
ly line of the NE 1/4 of said Lot 8; Thence along said northerly right of way line to the
southwesterly along said southerly line to easterly right of way line of Pine Street;
the southwest corner of said NE 1/4 of Lot Thence southeasterly crossing E. 16�n
8; Thence northwesterly along the westerly Street along said easterly right of way of
lines of the NE 1/4 of Lot 8, the SE 1/4 of Pine St. extended to a point of intersedion
Lot 10, the NE 1/4 Lot 10 and the E 1/2 of with the southerly right of way line of E.
Lot 12 all in John King's Subdivision to the 16t° St.; Thence southwesterly along said
northwest corner of said E 1/2 of Lot 12; southerly right of way line to a point of in-
Thence northeasterly along the northerly tersection with the easterly right of way line
line of said E 1/2 of Lot 12 to the southwest of Elm Street; Thence southeasterly along
corner of Lot 1-1-1 of the E 1/2 of Lot 14 in said easterly right of way line to a point of
John King's Subdivision; Thence north- intersection with the northerly right of way
westerly along the westerly lines of Lot 1-1- line of E. 15t° Street; Thence southwesterly
1 of the E 1/2 of Lot 14 John King's Subdi- along said northerly right of way line to a
vision to the northwest corner thereof; point of intersection with the westerly right
Thence northeasterly along the northerly of way line of Elm Street; Thence south-
line of said Lot 1-1-1 to a point of intersec- easterly along said westerly right of way of
tion with the westerly right of way line of Elm Street and extension thereof to a point
Central Avenue; Thence northeasterly of intersection with the centerline of E. 12�n
crossing Central Avenue to a point of inter- Street; Thence southw�sterly along the
sedion of the easterly right of way line of said centerline of E. 12t°Streetto a point of
Central Avenue and the northerly right of intersection with the centerline of White
way line of E. 25t° Street; Thence north- Street; Thence southeasterly along said
Book 147 Regular Session, March 6, 2017 88
centerline of White Street to a point of in- northerly line of Lot 3 of Kerper Industrial
terjection with the centerline of E. 11t° Park extended easterly; Thence north-
Street; Thence southw�sterly along said westerly along said extended line to the
centerline of E. 11�° Street to a point of in- northeast corner of said Lot 3, said point
tersection with the centerline of Central also being on the w�sterly right of way line
Avenue; Thence northwesterly along said of Kerper Blvd.; Thence northerly along
centerline of Central Avenue to a point of said right of way line to a point of intersec-
intersection with the centerline of Loras tion with the northeasterly right of way line
Boulevard, said point being the point of of Fengler St.; Thence southeasterly along
beginning. the extension of said northeasterly right of
(p) Industrial Harbor Subarea shall way line crossing Kerper Blvd. to a point of
mean and include that area generally intersection with the westerly line of Lot 1A
bounded by the following description: of Block 7 River Front Subdivision No. 3,
Commencing as a point of reference at the said point being on the easterly right of
intersection of the centerline of E. 12t° way line of Kerper Blvd.; Thence south-
Street and the westerly right of way of Elm easterly along said easterly right of way
Street extended southeasterly, in the City line to a point of intersection with the nor-
of Dubuque, Dubuque County, lowa, said therly right of way line of E. 16t° Street;
point being the point of beginning; Thence Thence southeasterly crossing E. 16�n
northwesterly along said w�sterly right of Street to a point of intersection of the south
way line of Elm Street and extension right of way line of E. 16�° St. and the east
thereof to a point of intersection with the right of way line of Kerper Blvd.; Thence
northerly right of way line of E. Fifteenth northeasterly along the southerly right of
Street; Thence northeasterly along said way line of E. 16t°St. to a point of intersec-
northerly right of way line to a point of in- tion with the w�sterly shore of Peosta
tersection with the westerly right of way Channel; Thence southeasterly continuing
line of a public alley lying between Pine along the westerly shore of Mississippi
Street and Maple Street; Thence north- River adjacent to the following: Kerper
westerly along said westerly right of way Blvd., River Front Subdivision No. 2, Part
line to the northeast corner of the North 35 of Government Lot 3, Section 19, T89N,
feet of Lot 255 in East Dubuque Addition; R3E, 5t° P.M., Parts of Congressional Lot 8
Thence southw�sterly along the north- in Section 19, T89N, R3E, 5t° P.M, Dubu-
westerly line of said Lot to a point of inter- que Harbor Improvement Company's Addi-
section with the easterly right of way line of tion, and River Front Subdivision No. 1, to
Pine Street; Thence northwesterly along a point of intersection with the northerly
said easterly right of way line and exten- line of Ice Harbor Urban Renewal Subarea
sion thereof to the northerly right of way B, described as "that area generally
line of E. 16t° Street; Thence northeasterly bounded on the north and west by the Chi-
along said northerly right of way line to the cago, Central and Pacific Railroad right-of-
southwest corner of Lot 1 of Kerper Indus- way, on the south by the northerly bounda-
trial Park; Thence northwesterly and con- ry of Subarea A and on the east by the
tinuing northeasterly along the westerly line municipal limits of the City of Dubuque in-
of said Lot 1 to the most northerly corner cluding any adjoining public right-of-way;
thereof; Thence southwesterly along the Thence northwesterly and continuing
westerly lines of Lot 1-2 and Lot 2A of southwesterly along the northerly and
Kerper Industrial Park to the southwest westerly sides of Ice Harbor Urban Re-
corner of said Lot 2A; Thence northeasterly newal District Subarea B to a point of inter-
along the southerly line of said Lot 2A to section with the southerly right of way line
the southeast corner thereof; Thence of E. 4t° street; Thence southwesterly
northwesterly along the easterly line of said along said southerly right of way line to a
Lot 2A to the southwest corner of Lot 6 of point of intersection with the centerline of
Kerper Industrial Park; Thence northeast- U.S. Highways 61/151; Thence northeast-
erly along the southerly line of said Lot 6 to erly along said centerline to a point of in-
the southeast corner thereof; Thence tersection with the centerline of E. 12�n
northwesterly along the easterly line of said Street; Thence southwesterly along said
Lot 6 to the northeast corner thereof and centerline to a point of intersection with the
point of intersection with the southerly right westerly right of way line of Elm St. ex-
of way line of Kerper Court; Thence north- tended, said point being the point of begin-
easterly along said southerly right of way ning; Excepting therefrom, the East 7�n
line and extension thereof to a point of in- Street Subarea.
tersection with the centerline of Kerper (q) East 7t° Street Subarea shall mean
Blvd; Thence northw�sterly along said cen- and include the following described proper-
terline to a point of intersection with the ties: Block 13 Lot 1 of Lot 4, Lot 1 of Lot 5,
Book 147 Regular Session, March 6, 2017 89
Lot 1 of Lot 6, and Lots 7, 8, 9, 10, 11, 12, said point being on the southeasterly right
13 and 14; and Block 16 Lots 1, 2, 3, 4 and of way line of Peosta Street; Thence north-
5; and Block 17 Lots A, B, C, D, E, F, Lots easterly along said right of way line to a
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, point of intersection with the southerly line
and 15, Lot 1 of Lot 16, Lot 1 of Lot 1 of Lot of Lot 2 of Giese Subdivision; Thence
17, Lot 2 of Lot 1 of Lot 18, Lot 2 of Lot 20, southwesterly along said southerly line to
Lot 2 of Lot 21, Lot 2 of Lot 22, Lot 2 of Lot the southeast corner of Lot 2 of 19 of Jae-
23, Lot 2 of Lot 24, Lot 2 of Lot 25, Lot 2 of ger's Subdivision; Thence northeasterly
Lot 26, Lot 2 of Lot 27, Lot 3 of Lot 28, Lot along the easterly line of said Lot 2 of 19 to
3 of Lot 29, Lot 3 of Lot 30, Lot 3 of Lot 31, the northeast corner of said Lot 2 of 19,
Lot 3 of Lot 32, all in the Dubuque Harbor said point also being on the westerly
Improvement Co.'s Addition, Township 89 boundary of Block 19 of River Front Subdi-
North, Range 3 East of the 5t° P.M., Dubu- vision No. 3; Thence northeasterly along
que County, lowa and any adjoining public said westerly boundary to the northw�st
right-of-way. corner of Block 18, River Front Subdivision
(r) Chaplain Schmitt Subarea shall No. 3; Thence continuing northeasterly
mean and include the following described along the westerly boundary of Block 18
properties: All of that part of the City of and Block 17 of River Front Subdivision
Dubuque lying easterly of the Peosta No. 3 to a point of intersection with the
Channel also known as Chaplain Schmitt southwesterly corner of Lot 1 of part of Lot
Island and the area lying east of the east- 8 in McCraney's First Addition; Thence
erly right of way line of Kerper Boulevard continuing northeasterly along the westerly
between the centerline of U.S. Highway lines of Lot 1 of part of Lot 8, Lot 1 of part
61/151 and the southerly right of way line of Lot 7, Lot 1 of Lot 2 of part of Lot 6, Lot
of E. 16�° Street in Sedions 17, 18, 19 and 1 of part of Lot 6, Lot 1 of part of Lot 5, Lot
20, T89N, R3E, 5�° P.M. in the City of 1 of part of Lot 4, Lot 1 of part of Lot 3, Lot
Dubuque, Dubuque County, lowa. 1 of part of Lot 2, the East 25 feet of part of
(s) North Kerper Boulevard Subarea vacated Marshall St., and Lot 2 of Lot 2 of
shall mean and include that area generally Lot 1 all in McCraney's First Addition to the
bounded by the following description: southwest corner of Lot 1 of Lot 2 of part of
Commencing as a point of reference at the Lot 115 in Ham's Addition; Thence north-
point of intersection of the centerline of easterly along the westerly lines of Lot 1 of
U.S. Highways 61 and 151 with the easter- Lot 2 of part of Lot 115 and Lot 1 of part of
ly right of way line of Kerper Boulevard in Lot 114 all in Ham's Addition to the most
the City of Dubuque, Dubuque County, lo- westerly corner of Lot 1 of Bradley Place;
wa, said point being the point of beginning; Thence northeasterly along the westerly
Thence northwesterly along the easterly lines of Lot 1 and Lot 2 of Bradley Place to
right of way line of Kerper Boulevard to a the most westerly corner of Lot 1 Block 15
point of intersection with the northeasterly of River Front Subdivision No. 3; Thence
right of way line of Fengler Street extend- northeasterly along the northwesterly line
ed; Thence northwesterly along said line of said Lot 1 Block 15 and continuing along
crossing Kerper Boulevard right of way to the northwesterly line of Lot 2 of said Block
the southerly most corner of Lot 1, Block 15 to the most westerly corner of Lot 2 of
19 River Front Subdivision No. 3; Thence In-Futuro Subdivision No. 1; Thence con-
southeasterly crossing Fengler Street right tinuing northeasterly along the northwest-
of way to the northeast corner of Lot 3 of erly line of In-Futuro Subdivision No. 1 and
River Front Subdivision No. 4, said point continuing along the northwesterly line of
being a point of intersection of the south- Lots 1 and 2 of Reidl Place to the south-
westerly right of way line of Fengler Street west corner of Lot 1 of Block 14 of River
with the westerly right of way line of Kerper Front Subdivision No. 3; Thence north-
Boulevard; Thence continuing southeaster- easterly along the northwesterly line of said
ly along said westerly right of way line of Block 14 to the most westerly corner of
Kerper Boulevard to the northeast corner Block 13 of River Front Subdivision No. 3;
of Lot 3 of Kerper Industrial Park; Thence Thence continuing northeasterly along the
westerly and northwesterly along to north northwesterly line of Blocks 13, 12, 11, 10
line of said Lot 3 to a point of intersection and 9 to the northerly most corner of Lot 1
with the westerly line of Kerper Industrial Block 9 River Front Subdivision No. 3;
Park; Thence northeasterly along said Thence continuing northeasterly along the
westerly line to the northwest corner of northwesterly line of Lot 2 and Lot 2A,
Kerper Industrial Park; Thence southeast- Block 9 River Front Subdivision No. 3 to
erly along the northerly line of Kerper In- the northerly most corner of said Lot 2A;
dustrial Park to the southwest corner of Lot Thence southeasterly along the northeast-
1 of Lot 2 of Lot 20 of Jaeger's Subdivision, erly line of said Lot 2A to the northeast
Book 147 Regular Session, March 6, 2017 90
corner of said lot; Thence southwesterly include the following described properties:
along the southeasterly line of said Lot 2A Lot 1 of McGraw-Hill, Key City Plating Re-
to the most westerly corner of Lot 178 of plat in the City of Dubuque, Dubuque
Ham's Addition; Thence southeasterly County, lowa, and any adjoining public
along the southwesterly lines of Lots 178 rights of way.
and 59 of Ham's Addition to the southerly (u) Harrison Street Subarea shall mean
most corner of said Lot 59, said point also and include the following described proper-
being the point of intersection of the north- ties: Lot 1 and Lot 2 of Harrison Street
easterly right of way line of Farragut Street Place No. 2, Lot 1 and Lot 2 of Harrison
with the northwesterly right of way line of Street Place No. 4, and Lot 1 of Harrison
Kerper Boulevard; Thence northeasterly Street Place No. 5 all in the City of Dubu-
along said Kerper Boulevard right of way que, Dubuque County, lowa and any ad-
line and extension thereof to a point of in- joining public rights of way.
tersection with the northeasterly right of (v) Holy Ghost Subarea shall mean and
way line of Hawthorne Street; Thence include the following described properties:
southeasterly along the northeasterly and Lot 1 of 1 and 2 of 1 of Paragon Square in
easterly right of way line of Hawthorne the City of Dubuque, Dubuque County, lo-
Street and Hawthorne Street Extension to wa; and also including the public right of
a point of intersection with the southwest- way of Central Avenue abutting thereto;
erly right of way line of Lake Street; and
Thence southwesterly and northwesterly Lot 1, Lot 2, Lot 1 of 3, Lot 2 of 3, and
along said right of way line of Lake Street Lot 4 all of"Dunn's Subdivision"; and Lot 2
to a point of intersection with the southerly of Lot 1 of Lot 2 of Lot 1 of Lot 18 of"John
right of way line of Harbor Street; Thence King's Dubuque"; in the City of Dubuque,
southwesterly along said Harbor Street lowa; and
right of way line to the northeast corner of A part of Central Avenue right of way
Lot 1 Block 4 River Front Subdivision No. described as follows:
3; Thence southeasterly along the north- Commencing at the southeasterly cor-
easterly line of said Lot 1 and continuing ner of Lot 2-1 of Paragon Square; thence
along the northeasterly line of Lot 1 Block 3 southeasterly along the westerly right of
of River Front Subdivision No. 3 to the way line of Central Avenue a distance of
most easterly corner thereof; Thence approximately 2,655 feet to the northeast-
southwesterly along the southeasterly line erly corner of Lot 1 of Lot 1 of Lot 1 of the
of said Lot 1 Block 3 to the easterly most East Half of Lot 14 in John King's Dubu-
corner of Block 1 of River Front Subdivi- que; thence northeasterly crossing Central
sion No. 5; Thence southwesterly along the Avenue to a point of intersection with the
southeasterly line of said Block 1 River easterly right of way line of Central Avenue
Front Subdivision No. 5 to the northerly and the northerly right of way line of East
right of way line of Hamilton Street Exten- 25t° Street; thence northwesterly along the
sion; Thence southw�sterly crossing Ham- easterly right of way line of Central Avenue
ilton Street Extension right of way to the approximately 2,673 feet to a point of inter-
easterly most corner of Lot 2 of 3 of 1 section with said easterly right of way line
Block 5 River Front Subdivision No. 3; and the easterly extension of the south line
Thence continuing southwesterly along the of Lot 2-1 of Paragon Square; thence
original easterly boundary line of Blocks 5, southwesterly crossing Central Avenue to
6 and 7 of River Front Subdivision No. 3, to the Point of Beginning.
the southerly most corner of Lot 2 of said (w) Almond Street Subarea shall mean
Block 7, said point being the northeast cor- and include the following described proper-
ner of Lake Peosta Subdivision; Thence ties: Commencing at the intersection of the
southerly along the easterly line of Lake easterly right of way of Foye Street and the
Peosta Subdivision to a point of intersec- southerly right of way line of the public al-
tion with the centerline of U.S. Highways ley lying between Almond Street and West
61 and 151; Thence southwesterly along Locust Street; thence easterly along said
said centerline to a point of intersection southerly right of way line to a point of in-
with the easterly right of way line of Kerper tersection with the westerly right of way
Boulevard, said point of being the point of line of Ellis Street; thence northwesterly
beginning; Excepting therefrom the Que- along said westerly right of way line to the
becor Economic Development District de- northeast corner of Lot 53 in Cox's Addi-
scribed as Lot 1 of McGraw-Hill, Key City tion; thence northerly along the east line of
Plating Replat in the City of Dubuque, that part of the vacated alley adjacent to
Dubuque County, lowa, and any adjoining Lots 53 and 54 in Cox's Addition approxi-
public rights of way. mately 20 feet to the northeasterly corner
(t) Quebecor Subarea shall mean and thereof; thence westerly along the north
Book 147 Regular Session, March 6, 2017 91
line of said vacated alley adjacent to said thence southwesterly along the northerly
Lots 53 and 54 approximately 78 feet to right of way of East 30t°Street to a point on
the northw�st corner thereof; thence the easterly right of way of Central Avenue;
southerly along the west line of said vacat- thence southeasterly along the easterly
ed alley adjacent to said Lots 53 and 54 right of way line of Central Avenue to the
approximately 20 feet to the southwest northerly line of East 25t° Street; thence
corner thereof and the northeasterly corner northeasterly along the northerly line of
of Lot 55 in Cox's addition; thence easterly East 25t° Street to the point of beginning;
along the north line of Lots 55 thru 66 in and
Cox's addition to the northwest corner of Beginning at the intersection of the nor-
Lot 66 in Cox's Addition; thence southerly therly right of way line of Diagonal Street
along the west line of said Lot 66 to a point and the westerly right of way line of Central
of intersection with the northerly line of Lot Avenue; thence southerly along the west-
11 in Buettel's Subdivision; thence west erly right of way line of Central Avenue to
along the north line of Lot 11, Lot 2-10 and the northeast corner of Lot 1 of Lot 1 of Lot
Lot 1-10 of Buettel's Subdivision to a point 1 of the East Half of Lot 14 in John King's
of intersection with the easterly right of way Dubuque; thence southwesterly along the
line of Foye Street; thence southerly along northerly line of said Lot 1 of Lot 1 of Lot 1
said easterly right of way line to the Point of the East Half of Lot 14 of John King's
of Beginning. Dubuque to the northwest corner thereof,
(x) North End Subarea shall mean and thence southeasterly along the west line of
include the following described properties: said Lot 1 of Lot 1 of Lot 1 of the East Half
Beginning at the intersedion of the easterly of Lot 14 of John King's Dubuque to the
right of way line of Elm Street and the nor- southwest corner thereof; thence south-
therly right of way line of East 25t° Street; westerly along the southerly line of the
thence northerly along the easterly right of East Half of John King's Dubuque to the
way line of Elm Street to the southerly right southwest corner thereof; thence south-
of way line of East 26�° Street; thence nor- easterly along the east lines of the West
therly across the East 26t° Street right of Half of Lots 12, 10, and Northwest Quarter
way to the southwest corner of Lot 283 of of 8 of John King's Dubuque to the south-
Glendale Addition No. 3; thence north- east corner of the Northwest Quarter of Lot
westerly along the westerly lines of Lots 8 of John King's Dubuque; thence north-
283 to 294, inclusive, of Glendale Addition easterly along the northerly line of Lot 2 of
No. 3 to the southerly right of way line of the East 329.98' of the Southwest Half of
East 27t° Street; thence northerly across Lot 8 of John King's Dubuque to the north-
the East 27t° Street right of way to the east corner of said lot; thence southeaster-
southwest corner of Lot 210 of Glendale ly along the easterly line of said lot to the
Addition; thence northwesterly along the southeast corner of said lot; thence south-
westerly lines of Lots 210 to 221, inclusive, westerly along the southerly line of said lot
of Glendale Addition to the southerly right to the northeast corner of Lot 2 of Lot 6 of
of way of East 28t° Street; thence northerly John King's Dubuque; thence southeaster-
across the East 28t° Street right of way to ly along the easterly lines of Lot 2 of Lot 6
the southwest corner of Lot 134 of Glen- and Lot 3 of Lot 6 of John King's Dubuque
dale Addition No. 2; thence northwesterly to the southeast corner of said Lot 3 of Lot
along the westerly lines of Lots 134 to 140, 6; thence northeasterly along the southerly
inclusive, of Glendale Addition No. 2, and line of the Lot 6 of John King's Dubuque to
Lots 1, 2, and 3 of Glendale Addition No. 4, the easterly right of way line of Division
and Lot 145 Glendale Addition No. 2 to the Street; thence southeasterly along the
southerly right of way line of East 29t° easterly line of Division Street and its
Street; thence northerly across the East southerly extension to the southerly right of
29t° Street right of way to the southwest way line of West 24�° Street; thence south-
corner of Lot 61 of Glendale Addition; westerly along the southerly right of way
thence northwesterly along the westerly line of West 24�° Street to the easterly right
lines of Lots 61 to 72, inclusive, of Glen- of way line of Carr Street; thence south-
dale Addition to the southerly right of way easterly along the easterly right of way line
line of East 30t° Street; thence northerly of Carr Street to the easterly extension of
across the East 30t° Street right of way to the north line of Lot 2 of Brewery Addition;
the to the southeast corner of a Part of Lot thence southwesterly along the northerly
8 of Mineral Lot 322 as shown on the Final line of Lot 2 of Brewery Addition to the
Plat of Liebe's Subdivision No. 3, also be- southeast corner of Lot 6 of Gerald Scher-
ing a point on the westerly line of Lot 1-2-1 rer Subdivision; thence northwesterly along
of Becker Place, also being a point on the the easterly line of Lot 6 of Gerald Scherrer
northerly right of way of East 30t° Street; Subdivision to the northeast corner of Lot 6
Book 147 Regular Session, March 6, 2017 92
of Gerald Scherrer Subdivision and a point 28t°Street abutting thereto; and
on the westerly right of way line of Broad- The North 36.5' and South 23.5' of the
way Street; thence northwesterly along the West 114' of Lot 263 of Davis Farm Addi-
westerly right of way line of Broadway tion, and also including the Public Right of
Street to the westerly extension of the nor- Way of West 28t° Street abutting thereto;
therly right of way line of Diagonal Street; and
thence southeasterly along said right of Lot 2-265 of Davis Farm Addition, and
way and extension to the point of begin- also including the Public Right of Way of
ning; and West 28t°Street abutting thereto; and
Lot 1-239 of Davis Farm Addition and Lot 1-265 of Davis Farm Addition, and
Lot 1-1-5 of Kiene & Altman's Subdivision; also including the Public Right of Way of
and West 28t°Street abutting thereto; and
Lots 1-4 & 2-1-5 of Kiene & Altmans Lot 2-1 of G R WesYs Addition and Lot
Subdivision; and 1-266 of Davis Farm Addition; and
Lot 1-2 And 13 of Kiene & Altmans Lot 2-1-1 of G R WesYs Addition; and
Subdivision; and Lot 1-1-1 of G R Wests Addition and
Lot 1-1 of Kiene & Altman's Subdivi- Lot 2-266 of Davis Farm Addition; and
sion; and The South 39'6" of Lot 2 of G R WesYs
Lot 1-1-1-241 of Davis Farm Addition; Dubuque; and
and The North 20.5' of Lot 2 & and the
Lot 2-1-1-241 & Lot 1-242 of Davis South 3' of Lot 3 of G R WesYs Addition;
Farm Addition; and and
Lot 1-243 of Davis Farm Addition; and Lot 2 of the North 57' of Lot 3 of G R
Lot 1-1-244 of Davis Farm Addition; Wests Addition; and
and Lot 1 of the North 57' of Lot 3 of G R
The South 26' of Lot 245 Davis Farm WesYs Addition; and
Addition; and Lot 4 of G.R.West Addition; and
The North 34' of Lot 245 Davis Farm Lot 2 of Paragon Square; and
Addition; and Lot 23 and 2-4 McDaniel's Park Hill,
The East 1/2 of Lot 246 Davis Farm and Lots 8 and 1-9 of G.R. WesYs Addi-
Addition; and tion; and
The West 1/2 of Lot 246 Davis Farm Lot 2-9 of G R WesYs Addition; and
Addition; and Lots 10, the West 310' of the North 65'
Lot 247 of Davis Farm Addition; and of Lot 2 -11, and the South 55' of Lot 2-11,
Lot 248 of Davis Farm Addition; and all in G R WesYs Addition; and
Lot 249 of Davis Farm Addition; and Lot 1 of 11 and the East 20' of the
The East 1/2 of Lot 250 of Davis Farm North 65' of Lot 2 of G R WesYs Addition;
Addition; and and
The West 1/2 of Lot 250 of Davis Farm All that part of the Central Avenue right
Addition; and of way lying south of the northerly right of
Lot 251 and the South 1/2 of Lot 252, way line of West 30t° Street and north of
of Davis Farm Addition; and the easterly extension of the northerly line
Lot 253 and the North 1/2 of Lot 252, of of Lot 1 of 1 of Paragon Square; and
Davis Farm Addition; and All that part of the West 30�°Street right
Lot 254 of Davis Farm Addition; and of way lying west of the easterly right of
Lot 255 of Davis Farm Addition; and way line of Central Avenue.
The South 1/2 of Lot 256 of Davis Farm All in the City of Dubuque, Dubuque
Addition; and County, lowa.
The South 31.3' of the North 1/2 of Lot (y) University Avenue Corridor Subarea
256 of Davis Farm Addition; and shall mean and include the following de-
The North 28.7' of the North 1/2 of Lot scribed properties:
256 of Davis Farm Addition; and All that part of the Pennsylvania Ave-
Lot 257 of Davis Farm Addition; and nue right of way lying north of the northerly
Lot 258 of Davis Farm Addition; and right of way line of University Avenue and
Lot 259 of Davis Farm Addition; and lying south of the northerly extension of the
Lot 260 of Davis Farm Addition; and westerly line of Lot 2-1-1-1-1-2-1 of Mineral
Lot 261 of Davis Farm Addition; and Lot 256; and
Lot 262 of Davis Farm Addition; and All that part of the University Avenue
The South 23.5' of The East 112' of Lot right of way lying east of the southerly ex-
263 of Davis Farm Addition; and tension of the west line of Lot 1-137 of Fin-
The East 114' of the North 36'6" of Lot ley Waples and Burton Addition, and lying
263 of Davis Farm Addition, and also in- west of the southerly extension of the
cluding the Public Right of Way of West westerly line of Lot 2 of Lot 12 of Central
Book 147 Regular Session, March 6, 2017 93
Addition; and Lot 229 of Finley Addition; and
All that part of the 9t° Street right of way Lot 130 of Finley Waples & Burton's
lying south of the centerline of 9th Street, Addition; and
lying east of the southerly extension of the Lot 131 of Finley Waples & Burton's
westerly line of Lot 2 of Lot 12 of Central Addition; and
Addition, and lying west of the northerly ex- Lot 132 of Finley Waples & Burton's
tension of the westerly line of Lot 1 of the Addition; and
Subdivision of City Lot 688 and Part of City Lot 133 of Finley Waples & Burton's
Lot 654; and Addition; and
All that part of the Finley Street right of The Northwest 95' of Lot 19 of Finley
way lying south of the southerly right of Waples&Burton's Addition; and
way line of University Avenue and lying The North 95' of Lot 18 of Finley
north of the westerly extension of the south Waples&Burton's Addition; and
line of the Northwest 95' of Lot 19 of Finley Lot 17 of Finley Waples & Burton's Ad-
Waples and Burton Addition; and dition; and
All that part of the Asbury Road right of The Northwest 25' of Lot 2 of Finley
way lying north of the northerly right of way Addition, and all adjacent Alley right of
line of University Avenue and lying south of way; and
the easterly extension of the southerly line The Southeast 41' of Lot 2 in Finley
of the East 100' feet of Lot 159 of Finley Addition, and all adjacent Alley right of
Addition; and way; and
All that part of the Irving Street right of Lot 1-1 and 2-1 in Finley Addition, and
way lying north of the northerly right of way all adjacent Alley right of way; and
line of University Avenue and lying south of Lot 1 of Mineral Lot 170, and all adja-
the easterly extension of the northerly line cent Alley right of way; and
of Lot 2 of Lot 2 of Lot 1 of Lot 1 of lot 1 of Lot 4, 13, 2-3, 2-2 and 1-2, all in Min-
Lot 14 of Mineral Lot 172; and eral Lot 170 and all adjacent Alley right of
All that part of the Loras Boulevard way; and
right of way lying east of the northerly right Lot 5 and Lot 2-6 of Mineral Lot 170;
of way line of University Avenue and lying and
west of a line connecting the northeast Lot 1-6 and 2-7 of Mineral Lot 170 and
corner of Lot 2-3-13 of Mineral Lot 172 and Lot 2-2-1-1-1-14 of Mineral Lot 172; and
the southeast corner of Lot 1-249 of Wood- The West 2' of Lot 1 of the Subdivision
lawn Park Addition; and of Lot 13 of Mineral Lot 172 and Lot 2-13 of
All that part of the Delhi Street right of Mineral Lot 172 and Lot 2 Mabel's Subdivi-
way lying south of the southerly right of sion; and
way line of University Avenue and lying The East 58' of Lot 1 of Lot 13 of Min-
north of the southerly extension of the eral Lot 172, and Lot 2 of Lot 3-13 of Min-
easterly line of Lot 2-1 of Schwind's Place; eral Lot 172, and Lot 2A of Lot 1-4-13 of
and Mineral Lot 172; and
All that part of the North Grandview Lot 2-8 of City Lot 703 and Lot 2-2-9 of
Avenue right of way lying south of the City Lot 703; and
easterly extension of the south line of Lot 7 Lot 1 of HerbsYs Subdivision; and
of Tschirgi and Schwind's Subdivision and Lot 1-1 and Lot 2-1 of Schwind's Place.
lying north of the northerly right of way line All in the City of Dubuque, Dubuque
of University Avenue; and County, lowa.
All that part of the North Grandview (z) West Locust Corridor Subarea shall
Avenue right of way lying south of the mean and include the following described
southerly right of way line of University Av- properties: All that part of the West Locust
enue and lying north of a line parallel to Street right of way lying east of the south-
and 150' south of the southerly right of way erly extension of the westerly line of Lot 2-
line of University Avenue; and 1-1-1-1-2 of Clarke College Place and lying
All that part of the McCormick Street west of the northerly extension of the east-
right of way lying south of the southerly erly right of way line of Pierce Street; and
right of way line of University Avenue and All that part of the Pierce Street right of
lying north of the easterly extension of the way lying south of the southerly right of
south line of Lot 1 of HerbsYs Subdivision; way line of West Locust Street and lying
and north of the easterly extension of Lot 1 of
Lot 1-137 of Finley Waples & Burton's Lot 1 of Connolly's Subdivision; and
Addition; and All that part of the Kirkwood Street right
Lot 1-136 and 2-137 of Finley Waples of way lying south of the southerly right of
& Burton's Addition; and way line of West Locust Street and lying
Lot 1-232 of Finley Addition; and north of the northerly extension of the west
Book 147 Regular Session, March 6, 2017 94
line of Lot 5 of Union Avenue Subdivision; Lot 2 and Lot 2-1 of Wm. Blake's Addi-
and tion; and
All that part of the right of way of the al- Lots 13 and Lot 2-4 of Wm. Blake's
ley lying adjacent to and east of Kingdom Addition; and
Hall Place and Lot 1 of the West 1074' of Lot 23 and 1-4 of Wm. Blake's Addi-
Lot 64 in Littleton and Sawyer's Addition, tion; and
lying north of the northerly right of way of Lots 5 to 19, inclusive, of Wm. Blake's
West Locust Street and lying south of the Addition; and
easterly extension of the northerly line of Lots 2-11, 2-12, and the East 30' of Lot
Lot 1 of the West 1074' of Lot 64 in Little- 2-10 in Southview Heights, also Lots 20,
ton and Sawyer's addition; and 21 and the East 30' of Lot 22 of Wm.
All that part of the Rosedale Avenue Blake's Addition; and
right of way lying south of the southerly line The West 70' of Lot 22 of Wm. Blake's
of West Locust Street and lying north of the Addition and Lot 2-9 and the West 20' of
easterly extension of the southerly line of Lot 2-10 of Southview Heights; and
Lot 42 of Wm. Blake's Addition; and Lot 1-23 of Wm. Blake's Addition and
All that part of the right of way of the al- Lots 2-2-7 and 1-2-8 of Southview Heights;
ley lying adjacent to and east of Lot 2-12B and
of Wood's Addition, lying south of the east- Lots 2-23 and the East 50' of Lot 24 of
erly right of way of Rosedale Avenue and Wm. Blake's Addition and Lots 2-6, 1-2-7,
lying north of the easterly extension of the and 2-2-8 of Southview Heights; and
southerly line of said Lot 2-12B; and The West 50' of Lot 24 of Wm. Blake's
All that part of the Alta Vista Street right Addition and Lot 2-5 of Southview Heights;
of way lying south of Lot 24D of A. P. and
Wood's Addition and lying north of the Lot 25 of Wm. Blake's Addition; and
easterly extension of the southerly line of Lot 26 Wm. Blake's Addition; and
Lot 20 of A. P.Wood's Addition; and Lot 27 of Wm. Blake's Addition and Lot
All that part of the Williams Street right 2-1-1-1-1-2 of Clarke College Place; and
of way lying east of the easterly right of Lots 29 to 42, inclusive, of Wm. Blake's
way line of Alta Vista Street and lying west Addition; and
of westerly right of way line of Blake Street; Lot 2 of Lot 43 of Wm. Blake's Addition;
and and
All that part of the north half of the Lot 2 of Lot 44 of Wm. Blake's Addition;
Bellevue Street right of way lying east of and
the easterly right of way line of Alta Vista Lot 2 of Lot 45 of Wm. Blake's Addition;
Street and lying west of the westerly right and
of way line of Blake Street; and Lot 2 of Lot 46 of Wm. Blake's Subdivi-
All that part of the Blake Street right of sion; and
way lying south of the southerly right of Lot 2 of Lot 12B of Wood's Addition;
way line of West Locust Street and lying and
north of the westerly extension of the cen- Lots 20, 21, and 22 of A. P. Wood's
terline of Vacated Bellevue Street adjacent Addition; and
to Lot 90 in A. P.Woods Addition; and Lot 23 of A. P.Wood's Addition; and
Lot 5 and East 10' of Lot 4 Ellen Lot 2-24 and 2-24A of A. P. Wood's
Blake's Subdivision; and Addition; and
The South 150' of the West 40' of Lot 4 Lot 24D of A. P.Wood's Addition; and
Ellen Blake's Subdivision; and Lot 24C of A. P.Wood's Addition; and
The North 170' of the West 40' of Lot 4 Lots 24B to 36B, inclusive, of A. P.
Ellen Blake's Subdivision; and Wood's Addition; and
Lot 3 of Ellen Blake's Subdivision; and Lots 25A to 36A, inclusive, of A. P.
Lot 2 of Ellen Blake's Subdivision; and Wood's Addition; and
Lot 1 of Ellen Blake's Subdivision; and The North 40' of Vacated Williams
The East 235' of Lot 64 of Littleton & Street in A. P.Wood's Addition; and
Sawyer's and Lot 2 of Mineral Lot 93A and Lots 25 to 36, inclusive, of A. P.
the Balance of Lot 2 of Mineral Lot 95; and Wood's Addition; and
All of Kingdom Hall Place; and Lots 6 to 10, inclusive, and the North
Lot 1 of the West 1074' of Lot 64 of Lit- 1/2 and South 1/2 of Lot 5, all of Lot 98A of
tleton &Sawyer's Addition; and A. P. Wood's Addition; and
Lot 2-1-1-1 and Lot 1-2-1-1 of Wm. Lot 4-98A of Wood's Addition; and
Blake's Addition, and Lot 2 & Lot 2-1 of Lot 3-98A of A. P. Wood's Addition;
Part of Mineral Lot 184; and and
Lot 1-1-1-1 and Lot 2-2-1-1 of Wm. Lot 2-98A of A. P. Wood's Addition;
Blake's Addition; and and
Book 147 Regular Session, March 6, 2017 95
Lot 1-98A of A. P. Wood's Addition; and westerly extension to the northeast
and corner of said Lot 2; thence southeast-
Lots 90 to 98, inclusive, in A. P. Wood's erly along the easterly line of Lots 1
Addition, and the northerly '/� of Vacated and 2 of Liebe's Subdivision No. 2 to
Bellevue Street abutting said lots 90 to 98, the southeast corner of Lot 1 of Liebe's
in A.P.Wood's Addition; and Subdivision No. 2; thence southeasterly
Part of the North '/� of Vacated Belle- across Liebe Street right of way to the
vue Street Lying South of McGrath's Sub- northeast corner of Lot 1 of Liebe's
division Southeast '/a Northeast '/a Section Subdivision No. 1; thencesoutheasterly
23, T89N, R2E in the City of Dubuque; and along the easterly lines of Lots 1 and 2
Part of Vacated Bellevue Street lying of Liebe's Subdivision No. 1 to the
between McGrath's Subdivision and Kirk- southeast corner of Lot 2 of Liebe's
wood Place in the City of Dubuque; and Subdivision No. 1; thence southwester-
Lot 1 and Lot 2-2 of McGrath's Subdivi- ly along the southerly line of said Lot 2
sion; and and its westerly extension to the west-
Lots 3 and 4 and Lot 1-2, all in erly right of way of Jackson Street;
McGrath's Subdivision; and thence southeasterly along the westerly
Lot 5 of McGrath's Subdivision; and right of way of Jackson Street to the
Lot 6 of McGrath's Subdivision; and point of beginning.
Lot 1 of Mineral Lot 95; and (bb) 15t° Street Subarea of the dis-
Lot 9 of McGrath's Subdivision; and trict shall include that area generally
Lots 7 and 8 of McGrath's Subdivision; bounded by the following description:
and Beginning at the intersedion of the nor-
Lot 10 of McGrath's Subdivision; and therly right of way line of East 15�n
Lots 2 to 5, inclusive, of Union Avenue Street and the easterly right of way line
Subdivision#2; and of Elm Street in the City of Dubuque,
Lot 1 of Union Avenue Subdivision #2 Dubuque County, lowa;
and Lot 2 of Mosher's Subdivision; and Thence northeasterly along the nor-
Lot 13, 1-2, and 1-1 of Connolly's therly right of way line of East 15�n
Subdivision, and Lot 1 of Part of City Lot Street to a point of intersection with the
711. westerly right of way line of a public al-
All in the City of Dubuque, Dubuque ley lying between Pine Street and Ma-
County, lowa. ple Street; Thence northwesterly along
(aa) Dubuque Brewing and Malting said westerly right of way line to the
Subarea (amended in under Ordinance northeast corner of the North 35 feet of
59-16) shall mean and include the fol- Lot 255 in East Dubuque Addition;
lowing described properties: Thence southwesterly along the north-
Beginning at the intersection of the westerly line of said Lot to a point of in-
northerly right of way line of East 30t° tersection with the easterly right of way
Street and the westerly right of way line line of Pine Street; Thence northwest-
of Jackson Street; thence northeasterly erly along said easterly right of way line
along the northerly right of way line of to the southerly right of way line of E.
East 30t° Street to the southeast corner 16�° Street; Thence southwesterly
of a Part of Lot 8 of Mineral Lot 322 as along said southerly right of way line to
shown on the Final Plat of Liebe's Sub- a point of intersection with the easterly
division No. 3, also being a point on the right of way line of Elm Street; Thence
westerly line of Lot 1-2-1 of Becker southeasterly along said easterly right
Place, thence northwesterly along the of way line to a point of intersection
easterly lines of Part of Lot 8 and Part with the northerly right of way line of E.
of Lot 7 as shown on the Final Plat of 15t° Street, said point being the point of
Liebe's Subdivision, Lot 1-6 of Mineral beginning.
Lot 322, and Lot 4A of Mineral Lot 322 (cc) Amended Project Area shall
and its northerly extension to a point on mean the areas of the City of Dubuque,
the northerly right of way line of East lowa included within the Town Clock
32od Street; thence southwesterly along Subarea, the Old Main Subarea, the
the northerly right of way line of East Town Clock 6cpansion Subarea, the
32od Street to the westerly right of way Upper Main Subarea, the Ice Harbor
line of Jackson Street; thence south- Subarea A, the Ice Harbor Subarea B,
easterly along the westerly right of way the Ice Harbor Subarea C, the Ware-
line of Jackson Street to the westerly house Subarea, the South Main Subar-
extension of the northerly line of Lot 2 ea, the South Port Subarea, the Cable
of Liebe's Subdivision No. 2; thence Car Subarea, the Bluff Street Subarea,
northeasterly along said northerly line the South Bluff Street Subarea, the
Book 147 Regular Session, March 6, 2017 96
Kerper Boulevard Subarea, the Wash- roll as of January 1, 1996, being the as-
ington Neighborhood Subarea, the In- sessment roll as of January 1 of the calen-
dustrial Harbor Subarea, the East 7�° dar year preceding the effective date of
Street Subarea, the Chaplain Schmitt Ordinance No. 67-97.
Subarea, the North Kerper Subarea, (d) As to the Upper Main Subarea,
the Quebecor Subarea, the Harrison base period taxes shall be computed in the
Street Subarea, the Holy Ghost Subar- same manner using the total assessed
ea, the Almond Street Subarea, the value shown on the assessment roll as of
North End Subarea, the University Av- January 1, 2001, being the assessment roll
enue Corridor Subarea, the West Lo- as of January 1 of the calendar year pre-
cust Corridor Subarea, the Brewing and ceding the effective date of Ordinance No.
Malting Subarea, and the 15t° Street 26-02.
Subarea, each as described in this (e) As to the Ice Harbor Subarea A,
Section. base period taxes shall be computed in the
(dd) Urban Renewal Plan shall same manner using the total assessed
mean the Amended and Restated Ur- value shown on the assessment roll as of
ban Renewal Plan for the Greater January 1, 1988, being the assessment roll
Downtown Urban Renewal District, ap- as of January 1 of the calendar year pre-
proved by Resolution No. 90-17 on ceding the effedive date of Ordinance No.
March 6, 2017, as the same may be 66-89.
amended from time to time. (� As to the Ice Harbor Subarea B,
Section 2: The taxes levied on the taxable base period taxes shall be computed in the
property in the Amended Project Area, legally same manner using the total assessed
described in Section 1 hereof, by and for the value shown on the assessment roll as of
benefit of the State of lowa, City of Dubuque, January 1, 1999, being the assessment roll
County of Dubuque, Dubuque Community as of January 1 of the calendar year pre-
School Distrid, and all other taxing distrids ceding the effedive date of Ordinance No.
from and after the effective date of this Ordi- 97-00.
nance shall be divided as hereinafter in this (g) As to the Ice Harbor Subarea C,
Ordinance provided. base period taxes shall be computed in the
Section 3:Taxes. same manner using the total assessed
(a) As to the Town Clock Subarea, that value shown on the assessment roll as of
portion of the taxes which would be pro- January 1, 2006, being the assessment roll
duced by the rate at which the tax is levied as of January 1 of the calendar year pre-
each year by or for each of the taxing dis- ceding the effedive date of Ordinance No.
tricts taxing property in the Town Clock 20-07.
Subarea upon the total sum of the as- (h) As to the Warehouse Subarea,
sessed value of the taxable property in the base period taxes shall be computed in the
Town Clock Subarea as shown on the as- same manner using the total assessed
sessment roll as of January 1, 1966, being value shown on the assessment roll as of
the assessment roll last equalized prior to January 1, 2006, being the first day of the
the date of the initial adoption of the Urban calendar year preceding the effedive date
Renewal Plan for the Downtown Dubuque of Ordinance No. 63-07.
Urban Renewal Projed, lowa R-15, shall (i) As to the South Main Subarea, base
be allocated to and when collected be paid period taxes shall be computed in the
into the fund for the respective taxing dis- same manner using the total assessed
trict as taxes by or for said taxing district in- value shown on the assessment roll as of
to which all other property taxes are paid. January 1, 2006, being the first day of the
The taxes so determined shall be referred calendar year preceding the effective date
herein as the "base period taues" for such of Ordinance No. 63-07.
Subarea. Q) As to the South Port Subarea, base
(b) As to the Old Main Subarea, base period taxes shall be computed in the
period taxes shall be computed in the same manner using the total assessed
same manner using the total assessed value shown on the assessment roll as of
value shown on the assessment roll as of January 1, 2007, being the first day of the
January 1, 1993, being the assessment roll calendar year preceding the effective date
as of January 1 of the calendar year pre- of Ordinance No. 60-08.
ceding the effedive date of Ordinance No. (k) As to the Cable Car Subarea, base
23-94. period taxes shall be computed in the
(c) As to the Town Clock Expansion same manner using the total assessed
Subarea, base period taxes shall be com- value shown on the assessment roll as of
puted in the same manner using the total January 1, 2008, being the first day of the
assessed value shown on the assessment calendar year preceding the effective date
Book 147 Regular Session, March 6, 2017 97
of Ordinance 58-09. of Ordinance 88-02.
(I) As to the Bluff Street Subarea, base (u) As to the Harrison Street Subarea,
period taxes shall be computed in the base period taxes shall be computed in the
same manner using the total assessed same manner, using the total assessed
value shown on the assessment roll as of value shown on the assessment roll as of
January 1, 2009, being the first day of the January 1, 2011, being the first day of the
calendar year preceding the effedive date calendar year preceding the effedive date
of Ordinance 51-10. of Ordinance 60-12.
(m) As to the South Bluff Street Subar- (v) As to the Holy Ghost Subarea, base
ea, base period taxes shall be computed in period taxes shall be computed in the
the same manner using the total assessed same manner, using the total assessed
value shown on the assessment roll as of value shown on the assessment roll as of
January 1, 2010, being the first day of the January 1, 2013, being the first day of the
calendar year preceding the effective date calendar year preceding the effedive date
of Ordinance 33-11. of Ordinance 45-14.
(n) As to the Kerper Boulevard Subar- (w) As to the Almond Street Subarea,
ea, base period taxes shall be computed in base period taxes shall be computed in the
the same manner using the total assessed same manner, using the total assessed
value shown on the assessment roll as of value shown on the assessment roll as of
January 1, 1993, being the first day of the January 1, 2013, being the first day of the
calendar year preceding the effedive date calendar year preceding the effedive date
of Ordinance 43-94. of Ordinance 45-14.
(o) As to the Washington Neighborhood (x) As to the North End Subarea, base
Subarea, base period taxes shall be com- period taxes shall be computed in the
puted in the same manner using the total same manner, using the total assessed
assessed value shown on the assessment value shown on the assessment roll as of
roll as of January 1, 2010, being the first January 1, 2015, being the first day of the
day of the calendar year preceding the ef- calendar year preceding the effedive date
fective date of Ordinance 33-11. of this Ordinance.
(p) As to the Industrial Harbor Subarea, (y) As to the University Avenue Corri-
base period taxes shall be computed in the dor Subarea, base period taxes shall be
same manner using the total assessed computed in the same manner, using the
value shown on the assessment roll as of total assessed value shown on the as-
January 1, 2010, being the first day of the sessment roll as of January 1, 2015, being
calendar year preceding the effedive date the first day of the calendar year preceding
of Ordinance 33-11. the effedive date of this Ordinance.
(q) As to the East 7t° Street Subarea, (z) As to the West Locust Corridor
base period taxes shall be computed in the Subarea, base period taxes shall be com-
same manner using the total assessed puted in the same manner, using the total
value shown on the assessment roll as of assessed value shown on the assessment
January 1, 1996, being the first day of the roll as of January 1, 2015, being the first
calendar year preceding the effedive date day of the calendar year preceding the ef-
of Ordinance 64-97. fective date of this Ordinance.
(r) As to the Chaplain Schmitt Subarea, (aa) As to the Brewing and Malting
base period taxes shall be computed in the Subarea, base period taxes shall be
same manner using the total assessed computed in the same manner, using
value shown on the assessment roll as of the total assessed value shown on the
January 1, 2010, being the first day of the assessment roll as of January 1, 2007,
calendar year preceding the effedive date being the first day of the calendar year
of Ordinance 33-11. preceding the effective date of Ordi-
(s) As to the North Kerper Subarea, nance61-08.
base period taxes shall be computed in the (bb) As to the 15t° Street Subarea,
same manner using the total assessed base period taxes shall be computed in
value shown on the assessment roll as of the same manner, using the total as-
January 1, 2011, being the first day of the sessed value shown on the assess-
calendar year preceding the effective date ment roll as of January 1, 2016, being
of Ordinance 60-12. the first day of the calendar year pre-
(t) As to the Quebecor Subarea, base ceding the effedive date of Ordinance
period taxes shall be computed in the 6-17.
same manner using the total assessed Section 4: That portion of the taxes each
value shown on the assessment roll as of year in excess of the base period taxes for the
January 1, 2001, being the first day of the Amended Project Area, determined for each
calendar year preceding the effedive date Subarea thereof as provided in Section 3 of
Book 147 Regular Session, March 6, 2017 98
this Ordinance, shall be allocated to and when be contrary to law it shall not affect other pro-
collected be paid into the special tax increment visions or application of this Ordinance which
fund previously established by the City of shall at all times be construed to fully invoke
Dubuque to pay the principal of and interest on the provisions of Sedion 403.19 of the Code of
loans, monies advanced to, orindebtedness, lowa with reference to the Amended Project
whether funded, refunded, assumed or other- Area and the territory contained therein.
wise, including bonds issued under authority of Section 8: This Ordinance shall be in effect
Sedion 403.9 or Sedion 403.12 of the Code of after its final passage, approval and publica-
lowa, incurred by the City of Dubuque, lowa to tion as provided by law.
finance or refinance, in whole or in part, urban Passed and approved this 6t° day of
renewal projects undertaken within the March, 2017.
Amended Project Area pursuant to the Urban /s/Roy D. Buol, Mayor
Renewal Plan, except that taxes for the regular Attest: /s/Kevin S. Firnstahl, City Clerk
and voter-approved physical plant and equip- Read first time: March 6, 2017;
ment levy of a school district imposed pursuant Passed and approved: March 6, 2017;
to Section 298.2 of the Code of lowa and taxes Summary published March 14, 2017;
for the instructional support program of a [Actual Publication May 5, 2017]
school district imposed pursuant to Section
257.19 (but in each case only to the extent 4. Five Flags Center Assessment and
required under Section 403.19(2)), taxes for Study Consultant Selection: City Manager rec-
the payment of bonds and interest of each ommending approval of the selection of Con-
taxing district, and taxes imposed under Sec- ventions, Sports and Leisure International to
tion 34627(22) related to joint county-city conduct the Five Flags Civic Center Assess-
buildings shall be collected against all taxable ment and Study. Motion by Lynch to receive
property within the Amended Project Area and file the documents and approve the rec-
without any limitation as hereinabove provided. ommendation. Seconded by Jones. Motion
Sedion 5: Unless or until the total as- carried 7-0.
sessed valuation of the taxable property in the
Subareas of the Amended Project Area ex- 5. Dubuque County Multi-Jurisdictional
ceeds the total assessed value of the taxable Hazard Mitigation Plan Update Meetings: City
property in said Subareas shown by the as- Manager transmitting an invitation from Emer-
sessment rolls referred to in Section 3 of this gency Management Coordinator Tom Berger
Ordinance, all of the taxes levied and collected requesting City Council representation at three
upon the taxable property in the Amended planning meetings for the purpose of updating
Projed Area shall be paid into the funds for the the required Dubuque County Multi-
respedive taxing districts as taues by or for the Jurisdictional Hazard Mitigation Plan. Motion
taxing districts in the same manner as all other by Lynch to receive and file the documents
propertytaxes. and concur. Seconded by Connors. The City
Section 6: At such time as the loans, mon- Manager clarified that Council Members
ies advanced, bonds and interest thereon and should contact Tom Berger to confirm their
indebtedness of the City of Dubuque referred attendance and to see if Council Members can
to in Section 4 hereof have been paid, all mon- alternate attendance across the meeting
ies thereafter received from taxes upon the dates. Motion carried 7-0.
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.
Sedion 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 property within the Amended Pro-
jed Area under the provisions of Section
403.19 of the Code of lowa, as authorized in
Ordinance No. 59-16 (which added the area
formerly known as the Dubuque Brewing &
Malting Urban Renewal Area as a Subarea to
this Ordinance and which incorporated Ordi-
nance No. 61-08), as previously amended, and
to fully implement the division of taxes in the
15t° Street Subarea. In the event that any pro-
vision of this Ordinance shall be determined to
Book 147 Special Session, March 7, 2017 99
COUNCIL MEMBER REPORTS CITY OF DUBUQUE, IOWA
Council Member Del Toro reported on the CITY COUNCIL PROCEEDINGS
recent 365ink Magazine Impact Award for Sus- SPECIAL SESSION
tainability given to the City of Dubuque in OFFICIAL
recognition of the Bee Branch Watershed
Flood Mitigation Project and the Comprehen- The Dubuque City Council met in special
sive Housing Activities for Neighborhood session at 6:00 p.m. on March 7, 2017 in the
Growth & Enrichment(CHANG� program. Historic Federal Building, 350 W. 6t° Street.
Council Member Lynch reported on attend-
ing the 365ink awards event to accept the present: Mayor Buol; Council Members
award along with staff. Connors, Del Toro, Jones, Lynch, Resnick,
There being no further business, upon mo- Rios; City Manager Van Milligen, City Attorney
tion the City Council adjourned at 6:43 p.m. Brumwell
/s/Kevin S. Firnstahl, CMC, City Clerk 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
1. City of Dubuque Fiscal Year 2018
Amended Recommended Budget: Proof of
publication on notice of public hearing to con-
sider approval of the Fiscal Year 2018
Amended Recommended Operating Budget
and Capital Improvement Program (July 1,
2017 through June 30, 2022) and the City
Manager recommending approval. Corre-
spondence from the Long Range Planning
Advisory Commission advising that the Fiscal
Year 2018 Recommended Capital Improve-
ment Program is in general conformance with
the 2012 Dubuque Comprehensive Plan with
exception to address the impacts of the Emer-
ald Ash Borer. Motion by Lynch to receive and
file the documents and adopt Resolution No.
91-17 Adopting the City of Dubuque Fiscal
Year 2018 Annual Budget as Amended; and
Resolution No. 92-17 Adopting the City of
Dubuque Five-Year Capital Improvement Pro-
gram. Seconded by Connors. Motion carried 7-
0.
The Mayor called for public input on indi-
vidual departmental budget. Addressing the
Economic Development departmental budget,
Kate Larson, 2535 Trout Terrace, and Park
and Recreation Commission Member, thanked
the City Council for their consideration of ex-
panding the Arts and Cultural Affairs Coordina-
tor to full-time. Addressing the Engineering
departmental budget, George Nauman, 2050
Deborah Drive, and Engineering Department
employee questioned the City Council about
the elimination of the Inflow & Infiltration In-
spection (I&I) Engineer position while the Arts
and Cultural Affairs Coordinator position was
expanded to full-time. The City Manager pro-
vided information on how some city fund bal
Book 147 Special Session, March 7, 2017 100
ances cannot be used to fund other programs Passed, approved and adopted this 7t° day
adding that the I&I program was coming to an of March, 2017.
end creating a need to reduce staff. Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 91-17
ADOPTING THE CITY OF DUBUQUE FIS- Mayor Buol called for public input on the
CAL YEAR 2018 ANNUAL BUDGET AS items on the Action agenda as well as items
AMENDED not on the agenda but under the control of the
NOW THEREFORE, BE IT RESOLVED City Council.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: ACTION ITEMS
Sedion 1. That the annual budget for the
fiscal year ending June 30, 2018, as set forth 1. Five-Year Street Construction Program
in the Adoption of Budget and Certification of Fiscal Years 2018-2022: Motion by Connors to
Taxes and supporting state budget forms receive and file the documents and adopt
showing the revenue estimates and appropria- Resolution No. 93-17 Adopting the Five-Year
tion expenditures and allocations to programs Street Construction Program for Fiscal Years
and adivities for said fiscal year, is adopted. 2018—2022. Seconded by Lynch. Motion car-
Sedion 2. The City Clerk is directed to ried 7-0.
make the filings required by law.
Passed, approved and adopted this 7t° day RESOLUTION NO. 93-17
of March, 2017. ADOPTING THE FIVE-YEAR STREET CON-
Roy D. Buol, Mayor STRUCTION PROGRAM FOR FISCAL
Attest: Kevin S. Firnstahl, City Clerk YEARS 2018-2022
Whereas, a recommended Five-Year
RESOLUTION NO. 92-17 Street Construction Program for the Fiscal
ADOPTING THE CITY OF DUBUQUE FIVE Year 2018 - 2022 beginning July 1, 2017 and
YEAR CAPITAL IMPROVEMENT PROGRAM ending June 30, 2022, for the City of Dubuque
Whereas, a recommended five-year Capi- has been prepared and submitted to the City
tal Improvement Program for the period begin- Council; and
ning July 1, 2017, and ending June 30, 2022, Whereas, the Five-Year Street Construc-
for the City of Dubuque has been prepared tion Program: 1) describes specific capital im-
and submitted to the City Council; and provement projects; 2) provides estimated
Whereas, the five-year Capital Improve- costs for those projects; 3) proposes sources
ment Program describes specific capital im- of funding; and 4) schedules the fis-
provement projects, provides estimated costs cal/calendar year during which each project
for those projects, proposes sources of funds will be undertaken; and
for each of them, and schedules the year dur- Whereas, the capital improvement projects
ing which each project will be undertaken; and for the first year of such five-year program are
Whereas, the capital improvement projects included in the Fiscal Year 2018 budget; and
for the first year are included in the Fiscal Year Whereas, the adoption of the Five-Year
2018 budget for the City of Dubuque; and Street Construction Program is a prudent
Whereas, the five-year Capital Improve- measure to provide continuity of programs and
ment Program will be reconsidered annually by is in the best interest of the City of Dubuque.
the City Council and appropriately revised; and NOW THEREFORE, BE IT RESOLVED
Whereas, the adoption of the five-year BY THE CITY COUNCIL OF THE CITY OF
Capital Improvement Program is a prudent DUBUQUE, IOWA:
measure to provide continuity of programs and Section 1. That the Five-Year Street Con-
is in the best interest of the City of Dubuque. struction Program for Fiscal Years 2018 —
NOW THEREFORE, BE IT RESOLVED 2022 beginning July 1, 2017, set out in the
BY THE CITY COUNCIL OF THE CITY OF Fiscal Years 2018—2022 recommended Capi-
DUBUQUE, IOWA: tal Improvement Budget, is hereby approved
Section 1. That the five-year Capital Im- and adopted as the proposed allocation of City
provement Program for the period beginning resources for capital improvements as sched-
July 1, 2017, set out in the Fiscal Year 2018- uled in the years shown, subject to annual
2022 Recommended Capital Improvement reviewand revision.
Budget as amended, is hereby approved and Passed, adopted and approved this 7t° day
adopted as the proposed allocation of City of March, 2017.
resources for capital improvements as sched- Roy D. Buol, Mayor
uled in the years shown, subject to annual Attest: Kevin S. Firnstahl, City Clerk
reviewand revision.
Book 147 Special Session, March 7, 2017 101
2. Code of Ordinance Amendment - Title Monthly Consumption Charge Per
13 Fixing Water Rates for Residential and In- In Gallons Gallon
dustrial Use and All Other Uses; and Fixing First22,440 $0.00474
Water Rates for Fire Sprinkler Service: Motion Next 89,760 $0.00387
by Jones to receive and file the documents Next261,800 $0.00361
and that the requirement that a proposed ordi-
nance be considered and voted on for pas- Next374,000 $0.00319
sage at two Council meetings prior to the Next 748,000 $0.00280
meeting at which it is to be passed be sus-
pended. Seconded by Connors. Motion carried Rates shall be subject to the following mini-
7_0 mum monthly charge according to the size of
Motion by Jones for final consideration and the meter:
passage of Ordinance No. 7-17 Amending City Meter Monthly Monthly Minimum
of Dubuque Code of Ordinances Title 13 Pub- Size Consump- Con- Charge
lic Utilities, Chapter 1 Water Use and Service, (Inches) tion (In sumption
Article C Rates, Section 13-1C-1(A) Residen- Hundreds (In Gal-
tial, Commercial, Industrial, and All Other Us- ofCubic lons)
es; and Ordinance No. 8-17 Amending the City Feet
of Dubuque Code of Ordinances Title 13 Pub- 5/8 2 1,496 $7.09
lic Utilities Chapter 1 Water Use and Service, 3�4 5 3,740 $17.72
Article C Rates Section 13-1C-2 Fire Sprinkler 1 8 5,984 $28.36
Service. Seconded by Connors. Motion carried 1 1/2 26 19,448 $92.14
�_0 2 46 34,408 $152.67
3 106 79,288 $326.48
OFFICIAL PUBLICATION 4 168 125,664 $502.49
ORDINANCE N0. 7-17 6 368 275,264 $1,041.79
AMENDING CITY OF DUBUQUE CODE OF $ 625 467,500 $1,696.28
ORDINANCES TITLE 13 PUBLIC UTILITIES,
CHAPTER 1 WATER USE AND SERVICE, A property owner shall pay a fifty dollar
ARTICLE C RATES, SECTION 13-1C-1 RES- ($50.00) disconned fee for water service that
IDENTIAL, COMMERCIAL, INDUSTRIAL is disconnected by the city for a meter not in
AND ALL OTHER USES service. When a tenant account is subject to
NOW, THEREFORE, BE IT ORDAINED disconnection due to delinquency, the tenant
BY THE CITY COUNCIL OF THE CITY OF shall pay the fifty dollar ($50.00) disconnect
DUBUQUE, IOWA: fee.
Sedion 1. Sedion 13-1C-1 of the City of A fifty dollar ($50.00) service call fee shall
Dubuque Code of Ordinances is hereby be charged to property owners or tenant ac-
amended to read as follows: count for those service calls that are deter-
13-1C-1: RESIDENTIAL, COMMERCIAL, mined to be related to customer negligence.
INDUSTRIAL AND ALL OTHER USES: A five dollar fifty cent ($5.50) minimum
A. Rates Established: The rates to be monthly charge shall be assessed for meters
charged for water for residential, commercial, not in service.
industrial and all other uses and purposes by � � � �
any person, firm or corporation within the city Section 2. This Ordinance shall take effect
shall be based on units of one hundred (100) on the 1��day of July, 2017.
cubic feet (748 gallons) or per gallon as fol- Passed, approved, and adopted this 7�n
lows: day of March, 2017.
/s/Roy D. Buol, Mayor
Monthly Consumption Charge Per Attest: /s/Kevin S. Firnstahl, City Clerk
(In Hundreds of Cubic Hundred Cubic Published officially in the Telegraph Herald
Feet Feet newspaper on the 10t°day of March, 2017.
First 30 $3.67 /s/Kevin S. Firnstahl, City Clerk
Next 120 $2.90
Next 350 $2.69 OFFICIAL PUBLICATION
Next 500 $2.38 ORDINANCE NO. 8-17
Next 1,000 $2.11 AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 13 PUBLIC UTILITIES,
CHAPTER 1 WATER USE AND SERVICE,
ARTICLE C RATES, SECTION 13-1C-2 FIRE
SPRINKLER SERVICE
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Book 147 Special Session, March 7, 2017 102
Sedion 1. Sedion 13-1C-2 of the City of SECTION 13-6A-6 RATES AND CHARGES
Dubuque Code of Ordinances is hereby ESTABLISHED; EXCEPTIONS
amended to read as follows: NOW, THEREFORE, BE IT ORDAINED
13-1C-2: FIRESPRINKLERSERVICE: BY THE CITY COUNCIL OF THE CITY OF
Customers who have fire sprinkler service DUBUQUE, IOWA:
shall be billed for this service on a monthly Section 1. Section 13-6A-6 of the City of
basis. The monthl char e shall be as follows: Dubuque Code of Ordinances is hereby
Current Number of Heads Monthl Char es amended to read as follows:
U to 200 minimum $21.70 13-6A-6: RATES AND CHARGES ESTAB-
200-299 $26.05 LISHED; EXCEPTIONS:
300-399 $30.34 A. Class I Premises: 6ccept as qualified
400-599 $34.72 below, a fee of fifteen dollars eleven cents
600-799 $39.02 ($15.11) per dwelling unit per month shall be
800-999 $q3.3g paid to the city by the property owner of each
1,000- 1,199 $q7.7q class I premises for such services. Said fee
1,200- 1,399 $52.03 shall be in payment for collection and disposal
1,400- 1,599 $56.38 of one 35-gallon can or one 35-gallon trash
1,600- 1,799 $60.73 bag of"solid waste" as defined in this chapter.
1,800- 1,999 $65.03 There is no limit on the number of bins allowed
2,000-2,199 $gg gg to be colleded containing acceptable "recycla-
ble materials" as defined in this chapter. 6c-
2,200-2,399 $73.72 ceptions to the colledion charges for class I
2,400-2,599 $78.07 premises are as follows:
2,600-2,799 $82.41
2,800-2,999 $86.84 B. Class II Premises:
3,000-3,499 $91.07 1. A fee of fifteen dollars eleven cents
Over 3,500 (for each addi- $4.33 ($15.11) per month shall be paid to the city by
tional 500 heads or frac- the property owner of each class II premises
tion thereo for such services. Said fee shall be in payment
Sedion 2. This Ordinance shall take effect for collection and disposal of one 35-gallon
on the 1��day of July, 2017. can or one 35-gallon trash bag of"solid waste"
Passed, approved, and adopted this 7t° as defined. There is no limit on the number of
day of March, 2017. bins allow�d to be colleded containing ac-
/s/Roy D. Buol, Mayor ceptable"recyclable materials"as defined.
Attest: /s/Kevin S. Firnstahl, City Clerk . . . .
Published officially in the Telegraph Herald C. Class III Premises:
newspaper on the 10t° day of March, 2017. 1. A fee of fifteen dollars eleven cents
/s/Kevin S. Firnstahl, City Clerk ($15.11) per month shall be paid to the city by
the property owner of each class III premises
3. Code of Ordinances Amendment - Title for such services. Said fee shall be in payment
13 Solid Waste Rates and Charges: Motion by for collection and disposal of one 35-gallon
Lynch to receive and file the documents and can or one 35-gallon trash bag of"solid waste"
that the requirement that a proposed ordi- as defined. There is no limit on the number of
nance be considered and voted on for pas- bins allowed to be colleded containing ac-
sage at two Council meetings prior to the ceptable"recyclable materials"as defined.
meeting at which it is to be passed be sus- . . . .
pended. Seconded by Connors. Motion carried Sedion 2. This Ordinance shall take effect
7-0. on the 1��day of July, 2017.
Motion by Lynch for final consideration and /s/Roy D. Buol, Mayor
passage of Ordinance No. 9-17 Amending City Attest: /s/Kevin S. Firnstahl, City Clerk
of Dubuque Code of Ordinances Title 13 Pub- Published officially in the Telegraph Herald
lic Utilities, Chapter 6 Solid Waste, Article A newspaper on the 10t°day of March, 2017.
City or Private Collection Service, Section 13- /s/Kevin S. Firnstahl, City Clerk
6A-6 Rates and Charges Established; Excep-
tions. Seconded by Connors. Motion carried 7- 4. Code of Ordinances Amendment - Title
0. 13 Establishing Basic Sewer Rates for Resi-
dential and Commercial Uses: Motion by
OFFICIAL PUBLICATION Jones to receive and file the documents and
ORDINANCE NO. 9-17 that the requirement that a proposed ordi-
AMENDING CITY OF DUBUQUE CODE OF nance be considered and voted on for pas-
ORDINANCES TITLE 13 PUBLIC UTILITIES, sage at two Council meetings prior to the
CHAPTER 6 SOLID WASTE, ARTICLE A
CITY OR PRIVATE COLLECTION SERVICE,
Book 147 Regular Session, March 20, 2017 103
meeting at which it is to be passed be sus- CITY OF DUBUQUE, IOWA
pended. Seconded by Resnick. Motion carried CITY COUNCIL PROCEEDINGS
7-0.
Motion by Jones for final consideration and REGULAR SESSION
passage of Ordinance No. 10-17 Amending OFFICIAL
the City of Dubuque Code of Ordinances Title
13 Public Utilities, Chapter 2 Sewers and The Dubuque City Council met in regular
Sewage Disposal, Article C Rates, Section 13- session at 6:00 p.m. on March 20, 2017 in the
2C3 Rates Established. Seconded by Res- Historic Federal Building, 350 W. 6t° Street.
nick. Motion carried 7-0.
OFFICIAL PUBLICATION Present: Mayor Buol; Council Members
ORDINANCE NO. 10-17 Connors, Del Toro, Jones, Lynch, Resnick,
AMENDING CITY OF DUBUQUE CODE OF Rios; City Manager Van Milligen, City Attorney
Brumwell
ORDINANCES TITLE 13 PUBLIC UTILITIES,
CHAPTER 2 SEWERS AND SEWAGE DIS- Mayor Buol read the call and stated this is
POSAL, ARTICLE C RATES, SECTION 13- a regular session of the City Council called for
2C-3 RATES ESTABLISHED the purpose of conducting such business that
NOW, THEREFORE, BE IT ORDAINED may properly come before the City Council.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: PLEDGE OF ALLEGIANCE
Sedion 1. Sedion 13-2C-3 of the City of
Dubuque Code of Ordinances is hereby pROCLAMATION(S)
amended to read as follows:
13-2C-3: RATES ESTABLISHED: 1. Irish-American Heritage Month (March
Contributors whose property lies within the 2017) was accepted by Irish Hooley Event
corporate limits of the city, except as otherwise Coordinator and Ancient Order of the Hiberni-
provided in this article, shall pay to the city at ans#2 Recording Secretary Bob Felderman.
the same time payment for water services is
made, a sewer service charge computed on 2. Junior Achievement Day (April 6, 2017)
water consumption on the following rates: �s accepted by Stephanie Ludovissy, Devel-
opment Director, JA of the Heartland.
B. Schedule Of Rates:
Rate per each 100 cubic feet—$4.89 CONSENT ITEMS
Rate per each gallon—0.00654
C. Service Charge: Motion by Lynch to receive and file the
documents, adoptthe resolutions, and dispose
7� Where the quantity of water consumed of as indicated. Seconded by Resnick. Motion
is such that the minimum of service is charged, carried 7-0.
the minimum sewer service charge, according
to the size of the meter, shall be as follows: 1. Minutes and Reports Submitted: Build-
ing Code Appeals Board of 12/20/16; Cable N
Meter Size Minimum Allowance Allowance Commission of 3/1; City Council Proceedings of
Qnches) Charge (Cubic (Gallons)
Feet 3/6, 3/7; Community Development Advisory
5/8 $9.78 200 1 496 Commission for 2/21; Human Rights Commis-
3/4 24.45 500 3 7q0 sion of 2/13; Library Board of Trustees Council
1 or lar er 39.12 800 5,984 Update #158 of 2/23; Parks and Recreation
Advisory Commission for 2/14; Resilient
Section 2. This Ordinance shall take effect Community Advisory Commission of 3/2; Sis-
on the 1��day of July, 2017. ter Cities Relationships Advisory Commission
Passed, approved, and adopted this 7t° of 1/18; Zoning Advisory Commission for 3/1;
day of March, 2017. Zoning Board of Adjustment for 2/23; Proofs of
/s/Roy D. Buol, Mayor Publication for City Council Proceedings of
Attest: /s/Kevin S. Firnstahl, City Clerk 2/13, 2/16, 2/20, 2/22, 2/23 and 2/27. Upon
Published officially in the Telegraph Herald motion the documents were received and filed.
newspaper on the 10t° day of March, 2017. 2. Notice of Claims and Suits: Kaitlyn Birch
/s/Kevin S. Firnstahl, City Clerk for vehicle damage and personal injury; Scott
There being no further business, upon mo- Printing for property damage. Upon motion the
tion the City Council adjourned at 7:20 p.m. documents were received, filed and referred to
the City Attorney.
Kevin S. Firnstahl, CMC, City Clerk 3� Disposition of Claims: City Attorney ad-
Book 147 Regular Session, March 20, 2017 104
vising that the following claims have been re- bury Road. Upon motion the documents were
ferred to Public Entity Risk Services of lowa, received, filed and approved.
the agent for the lowa Communities Assurance
Pool: Kathleen Nelson for property damage; 11. Green Industrial Supply, Inc. - Contract
Scott Printing for property damage. Upon mo- Amendment: City Manager recommending
tion the documents were received, filed and approval of a resolution authorizing an
concurred. amendment to a contract with the lowa Eco-
nomic Development Authority (IEDA) for lowa
4. 365ink Impact Award for Sustainability: Values Funds (IVF) Financial Assistance
City Manager transmitting information on the benefits on behalf of Green Industrial Supply,
365ink Impact Award for Sustainability given to Inc. Upon motion the documents were re-
the City of Dubuque in recognition of the Bee ceived and filed and Resolution No. 94-17
Branch Creek Flood Mitigation Project and the Approving a Third Amendment to the Econom-
Comprehensive Housing Activities for Neigh- ic Development Financial Assistance Contract
borhood Growth & Enrichment (CHANG� by and among Green Industrial Supply, Inc.,
Program. Upon motion the documents were the City of Dubuque, and the lowa Economic
received and filed. Development Authority was adopted.
5. Anderson Sainci Named Millennial Im- RESOLUTION NO. 94-17
pact Fellow: City of Dubuque News Release APPROVING A THIRD AMENDMENT TO
advising that Resource Management Coordi- THE ECONOMIC DEVELOPMENT FINAN-
nator and Supervisor Anderson Sainci has CIAL ASSISTANCE CONTRACT BY AND
been named a Millennial Impact Fellow by AMONG GREEN INDUSTRIAL SUPPLY,
New Profit, a national venture philanthropy INC., THE CITY OF DUBUQUE, AND THE
fund. Upon motion the documents were re- IOWA ECONOMIC DEVELOPMENT AU-
ceived and filed. THORITY
Whereas, in 2011, Green Industrial Supply,
6. Leisure Services News Updates March Inc. (Green Industrial), the City of Dubuque
2017: City Manager transmitting the City of (City) and lowa Economic Development Au-
Dubuque Leisure Services News / Updates thority (IEDA) entered into an Economic De-
brochure. Upon motion the documents were velopment Financial Assistance Contract (the
received and filed. Contract) for the expansion of Green Industri-
al's operations in Dubuque, lowa; and
7. Bee Branch Healthy Homes Resiliency Whereas, the Contract provided for a Pro-
Program: City Manager transmitting a City of ject Completion Date of August 31, 2014; and
Dubuque public information brochure on the Whereas, Green Industrial requested and
Bee Branch Healthy Homes Resiliency Pro- IEDA approved an extension of the Project
gram. Upon motion the documents were re- Completion Date to August 31, 2015 in a Con-
ceived and filed. tract Amendment dated January 16, 2015; and
Whereas, Green Industrial requested and
8. Mississippi River Cities and Towns Ini- IEDA approved a further extension of the Pro-
tiative Annual Meeting Materials: City Manager ject Completion Date from August 31, 2015 to
transmitting material from the 5�° Annual Mis- August 31, 2016 in a Contract Amendment
sissippi River Cities & Towns Initiative held dated May 20, 2016; and
February 28 - March 2, 2017 in Washington, Whereas, Green Industrial has requested a
DC. Upon motion the documents were re- further extension of the Project Completion
ceived and filed. Date from August 31, 2016 to February 28,
2017; and
9. Stipulation of Settlement for Property Whereas, IEDA has approved the exten-
Tax Appeal - Hy-Vee Food Stores, 300 S. Lo- sion of the Project Completion Date to Febru-
cust Street: City Attorney recommending ap- ary 28, 2017 as set forth in the attached Con-
proval of the Stipulation of Settlement for a tract Amendment; and
property tax appeal filed by Hy-Vee Food Whereas, the City Council finds that the at-
Stores, Inc. for property located at 300 S. Lo- tached Contract Amendment should be ap-
cust Street. Upon motion the documents were proved.
received, filed and approved. NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
10. Stipulation of Settlement for Property DUBUQUE, IOWA:
Tax Appeal - Hy-Vee Food Stores, 4800 As- Section 1. The Contract Amendment at-
bury Road: City Attorney recommending ap- tached hereto is hereby approved.
proval of the Stipulation of Settlement for a Section 2. The Mayor is hereby authorized
property tax appeal filed by Hy-Vee Food and direded to execute and the City Manager
Stores, Inc. for property located at 4800 As- is hereby directed to submit the Contract
Book 147 Regular Session, March 20, 2017 105
Amendment to the lowa Economic Develop- Passed, approved and adopted this 20�n
ment Authority together with such other docu- day of March 2017.
ments as may be required. Roy D. Buol, Mayor
Passed, approved, and adopted this 20t° Attest: Kevin S. Fimstahl, City Clerk
day of March, 2017.
Roy D. Buol, Mayor 13. Civil Service Commission - Certified
Attest: Kevin S. Firnstahl, City Clerk Lists: Civil Service Commission submitting the
Certified Lists for the positions of Assistant
12. Lead Hazard Control Grant Application Horticulturist and Water Distribution Foreman.
2017: City Manager recommending approval Upon motion the documents were received,
of an application to the U.S. Department of filed and made a Matter of Record.
Housing and Urban Development (HUD) for
continuation of the Lead-Based Paint Hazard March 2, 2017
Control Program throughout the City of Dubu- Honorable Mayor and
que. Upon motion the documents were re- Members of the City Council
ceived and filed and Resolution No. 95-17 In accordance with Chapter 400 of the
Authorizing the Mayor to 6cecute an applica- Code of lowa, an examination for the position
tion for a HUD Lead Paint Hazard Control and of Assistant Horticulturist was administered on
Healthy Homes Program grant was adopted. January 31, 2017. We hereby certify that the
individuals listed below have passed this writ-
RESOLUTION NO. 95-17 ten examination and the vacancy for this posi-
AUTHORIZING THE MAYOR TO EXECUTE tion should be made from this list and that this
AN APPLICATION FOR A HUD LEAD PAINT list is good for two (2) years from above date.
HAZARD CONTROL AND HEALTHY Assistant Horticulturist
HOMES PROGRAM GRANT 1. Jeffry Breitbach, 2. Corey Goedken, 3.
Whereas, the City of Dubuque has operat- Ronald Lindblom, 4. John Sewell, 5. Joel
ed a local childhood lead poisoning prevention Leach, 6. Jay White, 7. Laura Klavitter, 8.
program since 1994; and Andy Unrau, 9. Gabriel Smutr, 10. Paul Neu-
Whereas, the City initially received a HUD haus, 11. Alec Leytem, 12. Drew Funke, 13.
Round 4 Lead Hazard Control Program Grant Peggy Johnson, 14. Christopher Leppert, 15.
in 1997, and had administered a program from James Gronen, 16. Ryan Schmit, 17. Brent
1997-2014 and November 2015 to present; Barloon and 18. Dale Richardson
and Respectfully submitted,
Whereas, the U.S. Department of Housing /s/Dan White, Chairman
and Urban Development has made available Civil Service Commission
additional funds for the Lead-Based Paint
Hazard Control Program, including for lead- March 2, 2017
based paint hazard control, lead hazard Honorable Mayor and
awareness, training, community outreach, en- Members of the City Council
vironmental assessments and treatment; and In accordance with Chapter 400 of the
Whereas, the City of Dubuque proposes a Code of lowa, a promotional examination for
Lead Paint Hazard Control Program through- the position of Water Distribution Foreman was
out the entire City of Dubuque with a focus on administered on February 15, 2017. We here-
historically significant properties in Census by certify that the individuals listed below have
Tracts 1, 2, 5, 6, 7.01 and 7.02. passed this written examination and the va-
NOW, THEREFORE, BE IT RESOLVED cancy for this position should be made from
BY THE CITY COUNCIL OF THE CITY OF this list and that this list is good for two (2)
DUBUQUE, IOWA: years from above date.
Section 1: That the Mayor is hereby au- Water Distribution Foreman
thorized and directed to execute an application 1. Nick Connolly, 2. Darrin Homb, 3. Carl
to the U.S. Department of Housing and Urban Plumley, 4. Adam Decker and 5. Paul Davis
Development for a Lead Based-Paint Hazard Respectfully submitted,
Control Grant in the amount of$2.900,000. /s/Daniel White, Chairperson
Section 2: Funds from the Community De- Civil Service Commission
velopment Block Grant Program in the amount
of $150,000 will be committed in fiscal years 14. Updates to Special Events Permit Ap-
2018-2021 as required match. plication Booklet: City Manager recommending
Sedion 3: That the City Manager is hereby approval of updates to the City of Dubuque
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.
Book 147 Regular Session, March 20, 2017 106
Special Events Permit Application Booklet. codifies Ordinance Nos. 57-17, 58-16, and 1-
Upon motion the documents were received, 17 as adopted by the City Council through
filed and approved. January 3, 2017, prepared by the Sterling
Codifiers, Inc., and filed in the Office of the
15. AT&T - Sale of Communications City Clerk of the City of Dubuque, lowa is
Equipment and Transfer of Conduit: City Man- hereby adopted and becomes part of the Code
ager recommending approval of the execution of Ordinances of the City of Dubuque, lowa.
of the Bill of Sale of Communications Systems Passed, approved and adopted this 20�n
and the transfer of conduit to the City of Dubu- day of March, 2017.
que from AT&T Corporation. Upon motion the Roy D. Buol, Mayor
documents were received, filed and approved. Attest: Kevin S. Firnstahl, City Clerk
16. U.S. Department of the Interior Biennial 19. Tobacco Compliance—Civil Penalty for
Report for the Historic Federal Building: City Tobacco License Holder — Fas Mart: City
Manager transmitting correspondence from the Manager recommending approval of the
U.S. Department of the Interior related to the AcknowledgemenUSettlement Agreement for a
City's submission of the Biennial Report for the tobacco compliance violation for Fas Mart,
Historic Federal Building. Upon motion the 2175 Central Avenue. Upon motion the docu-
documents were received and filed. ments were received, filed and approved.
17. Dubuque Racing Association Im- 20. Alcohol Compliance Civil Penalty for
provement Projects Request: City Manager Alcohol License Holder — Noonan's Tap: City
recommending approval of a request from Manager recommending approval of the Ac-
Dubuque Racing Association President&CEO knowledgmenUSettlement Agreement for an
Jesias Aviles for City Council consent to use alcohol compliance violation for Noonan's Tap,
the Depreciation and Improvement Fund to 1618 Central Avenue. Upon motion the docu-
complete hnro capital improvement projects. ments were received, filed and approved.
Upon motion the documents were received,
filed and approved. 21. Alcohol License Applications: City
Manager recommending approval of annual
18. Code of Ordinances - Adoption of Sup- beer, liquor and wine licenses as submitted.
plement No. 24: City Clerk recommending Upon motion the documents were received
adoption of Supplement No. 24 to the City of and filed and Resolution No. 97-17 Approving
Dubuque Code of Ordinances. Upon motion applications for beer, liquor, and/or wine per-
the documents were received and filed and mits, as required by City of Dubuque Code of
Resolution No. 96-17 Adopting Supplement Ordinances Title 4 Business and License Reg-
No. 24 to the Code of Ordinances of the City of ulations, Chapter 2 Liquor Control, Article B
Dubuque, lowa was adopted. Liquor, Beer and Wine Licenses and Permits
was adopted.
RESOLUTION NO. 96-17
ADOPTING SUPPLEMENT NO. 24 TO THE RESOLUTION NO. 97-17
CODE OF ORDINANCES OF THE CITY OF APPROVING APPLICATIONS FOR BEER,
DUBUQUE, IOWA LIQUOR, AND/OR WINE PERMITS, AS RE-
Whereas, under date of August 17, 2009, QUIRED BY CITY OF DUBUQUE CODE OF
the City Council, pursuant to Ordinance No. ORDINANCES TITLE 4 BUSINESS AND LI-
43-09, readopted the Code of Ordinances of CENSE REGULATIONS, CHAPTER 2 LIQ-
the City of Dubuque, lowa in its entirety; and UOR CONTROL, ARTICLE B LIQUOR,
Whereas, since August 17, 2009 the City BEER AND WINE LICENSES AND PERMITS
Council of the City of Dubuque, lowa has Whereas, applications for Beer, Liquor,
adopted certain ordinances amending the and or Wine Permits have been submitted and
Code of Ordinances and said amendments filed with the City Council for approval and the
have been printed as supplements to the Code same have been examined and approved; and
of Ordinances; and Whereas, the premises to be occupied by
Whereas, Section 380.8 of the Code of lo- such applicants were inspected and found to
wa provides that supplements, by resolution, comply with the Ordinances of the City and the
become part of the Code of Ordinances. applicants have filed the proper fees and
NOW THEREFORE BE IT RESOLVED BY bonds and otherwise complied with the re-
THE CITY COUNCIL OF THE CITY OF quirements of the Code of Ordinances.
DUBUQUE, IOWA: NOW, THEREFORE, BE IT RESOLVED
Section 1. That Supplement No. 24 to the BY THE CITY COUNCIL OF THE CITY OF
City of Dubuque Code of Ordinances, which DUBUQUE, IOWA:
Sedion 1. The City Clerk is hereby author-
ized and direded to cause to be issued the
Book 147 Regular Session, March 20, 2017 107
noted permit types to the following applicants DUBUQUE, IOWA
pending submission of the locally required Whereas, Lloyd S. and Lois A. Gudenkauf
documentation: are the current owners of Lot 1 and Lot 2 of
Renewals Gudenkauf Place, in the City of Dubuque, lo-
Chopper's, 601 Rhomberg Ave., Class C Liq- wa; and
uor(Outdoor) (Sunday) Whereas, Legion-Aires Drum and Bugle
Eagles Club, 1175 Century Dr., Class C Liquor Corps is the current owner of Lot 1 of Twin
(Sunday) Valley Place, in the City of Dubuque, lowa;
Kwik Stop Food Mart, 2360 Central Ave., and
Class E Liquor, Class B Native Wine, Class Whereas, Mike Stecher Real Estate is the
C Beer(Sunday) current owner of Lot 2 of Twin Valley Place, in
Mindframe Theaters, 555 J.F. Kennedy Rd. the City of Dubuque, lowa; and
#105, Class C Liquor(Sunday) Whereas, the City holds a public roadway
Salsa's Mexican Restaurant, 1091 Main St., easement in the Old Bellevue Road right of
Class C Liquor(Sunday) way across Lots 1 and 2 of Gudenkauf Place
Sportsters Pub & Grub, 2600 Central Ave., and Lots 1 and 2 of Twin Valley Place; and
Class C Liquor(Sunday) Whereas, Tri-State Shred, the contrad
The Venue, 285 Main St., Class C Liquor buyer of Lot 2 of Gudenkauf Place and Lot 2 of
(Sunday) Twin Valley Place is planning an addition to
Special Event the existing building on Lot 2 of Twin Valley
Steeple Square 4-27-17, 105 East 15t° St., Place and where said addition lies over said
Class C Liquor road right of way easement; and
Passed, approved and adopted this 20t° Whereas, Tri-State Shred, the contrad
day of March, 2017. buyer of Lot 2 of Gudenkauf Place and Lot 2 of
Roy D. Buol, Mayor Twin Valley Place has petitioned to vacate the
Attest: Kevin S. Firnstahl, City Clerk public roadway easement in the Old Bellevue
Road right of way across Lots 1 and 2 of
ITEMS SET FOR PUBLIC HEARING Gudenkauf Place and Lots 1 and 2 of Twin
Valley Place in order to facilitate the construc-
Motion by Connors to receive and file the tion of the proposed building addition; and
documents, adopt the resolutions, set the pub- Whereas, all adjacent land owners and all
lic hearings as indicated, and direct the City land owners of interest have provided to the
Clerk to publish notice as prescribed by law. City written consent to the proposed easement
Seconded by Lynch. Motion carried 7-0. vacation; and
Whereas, all interested private utility own-
1. Request to Release Easement - Tri- ers have provided to the City written consent
State Shred /Old Bellevue Road: City Manag- to the proposed easement vacation.
er recommending approval of the request from NOW THEREFORE, BE IT RESOLVED
Bruce Radtke, President of Tri-State Shred, BY THE CITY COUNCIL OF THE CITY OF
2270 Twin Valley Road, to vacate a portion of DUBUQUE, IOWA:
the Old Bellevue Road public right-of-way Sedion 1. That the City of Dubuque, in-
easement across Lots 1 and 2 of Gudenkauf tends to vacate and dispose of its interest in
Place and Lots 1 and 2 of Twin Valley Place, the public roadway easement in the Old Belle-
and further recommends that a public hearing vue Road right of way across portions of Lots
be set for April 3, 2017, on the disposal of the 1 and 2 of Gudenkauf Place and Lots 1 and 2
property. Upon motion the documents were of Twin Valley Place, as shown on the at-
received and filed and Resolution No. 98-17 tached Exhibit A.
Resolution of Intent to vacate and dispose of Sedion 2. That the City Clerk be and is
City interest in the Old Bellevue Road public hereby authorized and direded to cause a
right-of-way easement over and across Lot 1 notice of intent to dispose of said interest to be
and Lot 2 of Gudenkauf Place and Lot 1 and published in the manner as prescribed by law.
Lot 2 of Twin Valley Place in the City of Dubu- Passed, approved and adopted this 20�n
que, lowa was adopted setting a public hear- day of March, 2017.
ing for a meeting to commence at 6:00 p.m. on Roy D. Buol, Mayor
April 3, 2017 in the Historic Federal Building. Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 98-17 BOARDS/COMMISSIONS
INTENT TO VACATE AND DISPOSE OF
CITY INTEREST IN THE OLD BELLEVUE Applicants were invited to address the City
ROAD PUBLIC RIGHT OF WAY EASEMENT Council regarding their appointment to the
OVER AND ACROSS LOT 1 AND LOT 2 OF following Board/Commission.
GUDENKAUF PLACE AND LOT 1 AND LOT
2 OF TWIN VALLEY PLACE IN THE CITY OF 1. Human Rights Commission: One, 3-year
Book 147 Regular Session, March 20, 2017 108
term through January 1, 2020 (Vacant term of it is to be passed be suspended. Seconded by
Lenhart). Applicants: Jessica Perry (Indigo Connors. Motion failed 5-2 with Del Toro and
Channing), 160 N. Algona St.; Kristen Ricon- Riosvoting nay.
do, 2769 University Ave. Ms. Perry spoke in Developer Brian Riniker spoke in favor of
favor of her appointment. Ms. Ricondo advised the request and provided details of the project.
the City Council that she is withdrawing her Planning Services Manager Laura Carstens
application because she is no longer able to provided a staff report. Suzanne Conlon-Kalb,
commit to the three-year term. 12470 Eton Circle, submitted a petition by
county residents in opposition to the request.
Appointments were made to the following Kristen Bickel-Clark, 12210 Forest Meadow
Boards/Commissions. Dr.; Joe Mettille, 16559 Clay Hill Rd.; Brian
Moran, 16593 Forest Gate Rd.; Paul Kalb,
2. Community Development Advisory 12471 Eton Circle; Phillip Kalvelage, 16785
Commission: One, 3-year term through Febru- Clay Hill Rd.; Steve Chapman, 16431 Forest
ary 15, 2020 (Expiring Low- to Moderate- Gate Rd.; Nathan Sunquist, 16393 Forest
Income Representative term of Burley). Appli- Gate Rd.; and Kevin Dougherty, 12536 J.F.K
cant: Sara Burley, 2622 Broadway (Qualifies Rd. all spoke in opposition to the request.
as Low- to Moderate-Income Representative). Speakers cited increased traffic posing safety
Motion by Connors to appoint Ms. Burley a 3- hazards to pedestrian and bike traffic on this
year term through February 15, 2020. Se- portion of JFK Road, increased home density
conded by Lynch. Motion carried 7-0. with R-2 zoning, decrease in property values,
future enforcement of restrictive covenants
3. Housing Code Appeals Board: One, 3- and stormwater runoff concerns. Mr. Riniker,
year term through January 11, 2019 (Vacant Ms. Carstens, and Assistant City Engineer Bob
term of Miller). Applicant: Gil Spence, 975 Schiesl provided information that clarified the
Grove Ter. Motion by Jones to appoint Mr. Code requirement for notifying property own-
Spence to the remainder of a 3-year term ers in zoning requests, the county's authority
through January 11, 2019. Seconded by Con- over maintenance and upgrading of JFK Road
nors. Motion carried 7-0. and the City's upgrade projed at the intersec-
tion with the NW Arterial, and the Code re-
4. Mechanical and Plumbing Code Board: quirement for joint review by the County Board
One, 3-year term through March 16, 2020 (Ex- of Supervisors. City Council asked staff to in-
piring Term of Giese). Applicant: Tom Giese, quire about a secondary exit from the Dubu-
395 Villa St. Motion by Connors to appoint Mr. que Soccer Complex.
Giese to a 3-year term through March 16, Planning Services Staff who were present
2020. Seconded by Resnick. Motion carried 7- reviewed the petition and informed Council
0. that because of the percentage of property
within 200 feet of the request, approval would
5. Zoning Board of Adjustment: One, 5- require a super majority vote of the Council.
year term through March 25, 2022 (Expiring Motion by Jones to consider the first read-
term of Golombeski). Applicant: Bethany ing of the proposed ordinance. Seconded by
Golombeski, 65 Cambridge Ct. Motion by Lynch. Motion carried 5-2.
Lynch to appoint Ms. Golombeski to a 5-year Point of Order: Later in the meeting and
term through March 25, 2022. Seconded by following research of the lowa Code, City At-
Connors. Motion carried 7-0. torney Brumwell informed the City Council that
the super majority rule created by the 20%
PUBLIC HEARINGS petitioning properties would also apply to first
readings of an ordinance. Motion by Connors
1. Request to Rezone - Derby Grange, to reconsider Public Hearing #1. Seconded by
LLC / 12568 John F. Kennedy Road: Proof of Resnick. Motion carried 7-0.
publication on notice of public hearing to con- Motion by Jones to consider the first read-
sider a request from Derby Grange, LLC, to ing of the proposed ordinance. Seconded by
rezone 50.4 acres at the Northwest Corner of Connors. Motion carried 7-0.
Kennedy Road and Derby Grange Road
(12568 Kennedy Road) from County AG Agri- 2. Request to Rezone - Jim Kress/ Derby
cultural to City R-2 Two-Family Residential Grange Road: Proof of publication on notice of
concurrent with annexation to the City of public hearing to consider a request from Jim
Dubuque and the Zoning Advisory Commis- Kress to rezone 2.99 acres located along Der-
sion recommending approval. Motion by Jones by Grange Road from County AG Agricultural
to receive and file the documents and that the to City R-1 Single-Family Residential concur-
requirement that a proposed ordinance be rent with annexation to the City of Dubuque
considered and voted on for passage at hnro and the Zoning Advisory Commission recom-
Council meetings prior to the meeting at which mending approval. Restated motion by Con-
Book 147 Regular Session, March 20, 2017 109
nors for first reading of the proposed ordi- approving the Urban Renewal Plan for the
nance. Seconded by Lynch. Developer Jim South Pointe Housing Urban Renewal Area
Kress spoke in support of the request. Plan- and the City Manager recommending approv-
ning Services Manager Laura Carstens pro- al. Motion by Connors to receive and file the
vided staff report. Motion carried 6-1 with Del documents and adopt Resolution No. 101-17
Toro voting nay. Approving the Urban Renewal Plan for the
South Pointe Housing Urban Renewal Area.
3. Rustic Point Area Voluntary Annexation: Seconded by Lynch. Motion carried 7-0.
Proof of publication on notice of public hearing
to consider approval of the Rustic Point Area RESOLUTION NO. 101-17
annexation of approximately 56 acres owned APPROVING THE URBAN RENEWAL PLAN
by four property owners: Marlene L. Brimeyer FOR THE SOUTH POINTE HOUSING UR-
(1.42 acres), Derby Grange LLC (50.4 acres), BAN RENEWAL AREA
James F. and Janet M. Kress (2.99 acres), Whereas, by Resolution 66-17 approved
and the City of Dubuque (1.35 acres) and the on February 20, 2017, the City Council of the
City Manager recommending approval. Motion City of Dubuque, lowa authorized the prepara-
by Connors to receive and file the documents tion of an Urban Renewal Plan (the "Plan") for
and conduct the public hearing. Seconded by the South Pointe Housing Urban Renewal Ar-
Lynch. Motion carried 7-0. ea (the"Area"); and
Planning Services Manager stated that Mr. Whereas, the City of Dubuque's primary
Riniker and Mr. Kress approved of tabling this objective for the Plan is to provide opportuni-
item since it relates to their rezoning requests. ties which will further economic development
Suzanne Conlon-Kalb, 12470 Eton Circle, purposes and objectives as described in the
questioned the relationship with the rezonings Plan in the Area; and
and annexations versus the purchase of an Whereas, a consultation process has been
easement by the City. City Attorney Brumwell undertaken with affected taxing entities in ac-
stated that the purchase of property from Ms. cordance with Chapter 403 of the Code of lo-
Brimeyer was by purchase agreement. wa with no written objections or recommended
Motion by Connors to table the item until changes to the Plan received; and
the April 3, 2017 meeting. Seconded by Lynch. Whereas, the lowa statutes require the City
Motion carried 7-0. Council to submit the proposed Plan to the
City's Long Range Planning Commission for
4. Derby Grange Road Housing Urban Re- review and recommendation as to its conformi-
newal Plan: Proof of publication on notice of ty with the general plan for development of the
public hearing to consider approval of a Reso- City as a whole, prior to City Council approval
lution adopting the Urban Renewal Plan for the thereof; and
Derby Grange Road Housing Urban Renewal Whereas, the City Council, in accordance
Area and the City Manager recommending with Chapter 403 of the Code of lowa, has
approval. Motion by Jones to receive and file held a public hearing on the proposed Plan.
the documents and conduct the public hearing. NOW, THEREFORE, BE IT RESOLVED
Seconded by Connors. Motion carried 7-0. BY THE CITY COUNCIL OF THE CITY OF
Suzanne Conlon-Kalb, 12470 Eton Circle, DUBUQUE, IOWA:
questioned the land use being reserved for Sedion 1. That the Urban Renewal Plan
agriculture as aligned with the Comprehensive for the South Pointe Housing Urban Renewal
Plan. Planning Services Manager Laura Car- Area is hereby approved; that a feasible meth-
stens stated that Ms. Conlon was referring to od exists for the location of any families who
the County's Regional Smart Plan and land will be displaced from the District into decent,
suitability analysis. and that the City uses its safe and sanitary dwelling accommodations
own 2012 Comprehensive plan which applies within their means and without undue hardship
numerous goals and objectives for land use to such families; and that the Plan conforms to
beyond the map. Kristin Clark, 2210 Forest the general plan of the City as a whole.
Meadow Dr., stated that part of the plan should Section 2. That the South Pointe Housing
be to avoid a similar situation in Asbury where Urban Renewal Area is an economic devel-
the neighbors are unaware of developments opment area within the meaning of lowa Code
and that properties should not build up to the Chapter 403; that such area is eligible for des-
road if a wider road is needed. ignation as an urban renewal area and other-
Motion by Jones to table the item to the wise meets all requisites under the provisions
April 3, 2017 meeting. Seconded by Connors. of Chapter 403 of the Code of lowa; and that
Motion carried 7-0. the rehabilitation, conservation, redevelop-
ment, development, or a combination thereof,
5. South Pointe Housing Urban Renewal of such area is necessary in the interest of the
Area: Proof of publication on notice of public public health, safety or welfare of the residents
hearing to consider approval of a resolution of this City.
Book 147 Regular Session, March 20, 2017 110
Section 3. That, notwithstanding any reso- quired by law, and
lution, ordinance, plan, amendment or any Whereas, the public hearing has been
other document, the original Plan shall be in held, all persons offering objections have been
full force and effect from the date of this Reso- heard and consideration given to all objections
lution until the Council amends or repeals the and is pending before this Council; and
Plan. Whereas, this is the time and place set as
Sedion 4. That the City Clerk of the City of provided for the taking of adion on the pro-
Dubuque, lowa is hereby authorized and di- posed Resolution of Necessity.
rected to file a certified copy of this Resolution NOW THEREFORE, BE IT RESOLVED
and the Plan in the office of the Dubuque BY THE CITY COUNCIL OF THE CITY OF
County Auditor. DUBUQUE, IOWA:
Passed, approved and adopted this 20t° That the proposed Resolution of Necessity
day of March, 2017. described above is hereby:
Roy D. Buol, Mayor Adopted, without amendment, and all ob-
Attest: Kevin S. Firnstahl, City Clerk jections filed or made having been duly con-
sidered are overruled.
6. SRF Green Alley Projed Bid Set 4 - Passed, adopted and approved this 20�n
Year 3: Proof of publication on notice of public day of March, 2017.
hearing to consider approval of plans, specifi- Roy D. Buol, Mayor
cations, form of contract and estimated cost for Attest: Kevin S. Firnstahl, City Clerk
the Green Alley Bid Set 4 -Year 3 Project and
the City Manager recommending approval. RESOLUTION NO. 104-17
Motion by Jones to receive and file the docu- APPROVING SCHEDULE OF ASSESS-
ments and adopt Resolution No. 102-17 Ap- MENTS AND ESTIMATE OF TOTAL COST
proval of plans, specification, form of contract, FOR THE SRF GREEN ALLEY BID SET 4 —
and estimated cost for the SRF Green Alley YEAR 3 PROJECT
Bid Set 4 -Year 3 Projed; Resolution No. 103- NOW THEREFORE, BE IT RESOLVED
17 Resolution with respect to the Adoption of BY THE CITY COUNCIL OF THE CITY OF
the Resolution of Necessity proposed for the DUBUQUE, IOWA:
SRF Green Alley Project Bid Set 4 - Year 3 That the attached plat, schedule of as-
Project; and Resolution No. 104-17 Approving sessments, and estimate of total cost for the
the Schedule of Assessments and estimate of SRF Green Alley Bid Set 4 — Year 3 Project
total cost for the SRF Green Alley Bid Set 4 - are hereby approved.
Year 3 Project. Seconded by Connors. Motion Passed, approved and adopted this 20�n
carried 7-0. day of March, 2017.
Roy D. Buol, Mayor
RESOLUTION NO. 102-17 Attest: Kevin S. Firnstahl, City Clerk
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED 7. Westside Water System Improvements -
COST FOR THE SRF GREEN ALLEY BID English Mill and North Cascade Road Water
SET 4—YEAR 3 PROJECT Main Extension and English Mill Road Pump
NOW THEREFORE, BE IT RESOLVED Station Projed: Proof of publication on notice
BY THE CITY COUNCIL OF THE CITY OF of public hearing to consider approval of plans,
DUBUQUE, IOWA: specifications, form of contract, and estimated
That the proposed plans, specifications, cost for the Westside Water System Improve-
form of contract and estimated cost for the ments that include the English Mill and North
SRF Green Alley Bid Set 4—Year 3 Project, in Cascade Road Water Main Extension and the
the estimated amount$825,969.10, are hereby English Mill Road Pump Station Project and
approved. the City Manager recommending approval.
Passed, adopted and approved this 20t° Motion by Lynch to receive and file the docu-
day of March, 2017. ments and adopt Resolution No. 105-17 Ap-
Roy D. Buol, Mayor proval of plans, specifications, form of con-
Attest: Kevin S. Firnstahl, City Clerk tract, and estimated cost for the Westside Wa-
ter System Improvements - English Mill and
RESOLUTION NO. 103-17 North Cascade Road Water Main Extension
WITH RESPECT TO THE ADOPTION OF and the English Mill Road Pump Station Pro-
THE RESOLUTION OF NECESSITY PRO- jed. Seconded by Resnick. Motion carried 7-0.
POSED FOR THE SRF GREEN ALLEY BID
SET 4—YEAR 3 PROJECT RESOLUTION NO. 105-17
Whereas, the City Council has proposed a APPROVAL OF PLANS, SPECIFICATIONS,
Resolution of Necessity for the SRF Green FORM OF CONTRACT, AND ESTIMATED
Alley Bid Set 4—Year 3 Project and has given COST FOR THE WESTSIDE WATER SYS-
notice of the public hearing thereon as re- TEM IMPROVEMENTS
Book 147 Regular Session, March 20, 2017 111
ENGLISH MILL 8. NORTH CASCADE ROAD
WATER MAIN EXTENSION AND THE ENG-
LISH MILL ROAD PUMP STATION PRO-
JECT
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
Westside Water System Improvements - Eng-
lish Mill & North Cascade Road Water Main
Extension and the English Mill Road Pump
Station Project, in the estimated amount
$2,640,000.00, are hereby approved.
Passed, adopted and approved this 20�n
day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Fiscal Year 2017 Second Budget
Amendment: Proof of publication on notice of
public hearing to consider approval of the Fis-
cal Year 2017 Second Budget Amendment.
Motion by Connors to receive and file the doc-
uments and adopt Resolution No. 106-17
Amending the current budget for the Fiscal
Year Ending June 30, 2017 as amended last
on September 19, 2016. Seconded by Jones.
Motion carried 7-0.
RESOLUTION NO. 106-17
AMENDING THE CURRENT BUDGET FOR
THE FISCAL YEAR ENDING JUNE 30, 2017
(AS AMENDED LAST ON 09/19/2016.)
Be it Resolved by the Council of the City of
Dubuque
Sedion 1. Following notice published
03/09/2017 and the public hearing held,
03/20/2017 the current budget (as previously
amended) is amended as set out herein and in
the detail by fund type and activity that sup-
ports this resolution which was considered at
that hearing:
Continued.
Book 147 Regular Session, March 20, 2017 112
Total Budget Total Budget
as certified Current after Current
or last amended Amendment Amendment
Revenues&Other Financin Sources
Taxes Levied on Pro ert 1 25,555,634 0 25,555,634
Less: Uncollected Pro ert Taxes-Lev Year 2 0 0 0
Net Current Pro ert Taxes 3 25,555,634 0 25,555,634
Delin uent Pro e Taxes 4 0 0 0
TIF Revenues 5 11,112,649 0 11,112,649
Other City Taxes 6 18,106,679 372,860 17,733,819
Licenses& Permits 7 1,505,981 26,000 1,531,981
Use of Mone and Pro ert 8 12,893,350 84,998 12,978,348
Inter overnmental 9 74,639,823 1,718,607 76,358,430
Char esforServices 10 59,503,949 -99,762 59,404,187
S ecial Assessments 11 0 0 0
Miscellaneous 12 2,196,637 82,303 2,278,940
Other Financing Sources 13 18,882,272 20,497,950 39,380,222
Transfers In 14 31,375,889 505,021 31,880,910
Total Revenues and Other Sources 15 255,772,863 22,442,257 278,215,120
Ex enditures&Other Financin Uses
Public Safet 16 29,733,055 -180,606 29,552,449
Public Works 17 14,435,265 36,038 14,399,227
Health and Social Services 18 1,046,148 -56,640 989,508
Culture and Recreation 19 12,585,861 -59,283 12,526,578
Communit and Economic Develo ment 20 14,326,749 32,828 14,359,577
General Government 21 9,508,806 -25,822 9,482,984
DebtService 22 10,088,563 11,699,375 21,787,938
Capital Projects 23 79,773,622 931,937 80,705,559
Total Government Activities 6c enditures 24 171,498,069 12,305,751 183,803,820
Business T e/Enter rises 25 91,506,763 8,575,218 100,081,981
Total Gov Activities&Business Ex enditures 26 263 004 832 20 880 969 283 885 801
Transfers Out 27 31,375,889 505,021 31,880,910
Total Ex enditures/Transfers Out 28 294,380,721 21,385,990 315,766,711
Excess Revenues&OtherSources Over
Under Ex enditures/Transfers Out Fiscal Year 29 38 607 858 1 056 267 -37 551 591
Be innin Fund Balance Jul 1 30 75,864,384 0 75,864,384
Endin Fund Balance June 30 31 37,256,526 1,056,267 38,312,793
Passed this 20t°day of March 2017
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Book 147 Regular Session, March 20, 2017 113
PUBLIC INPUT DISTRICTS, BE PAID TO A SPECIAL FUND
FOR PAYMENT OF PRINCIPAL AND IN-
Paul Uzell, 61 N. Algona Street, requested TEREST ON LOANS, MONIES ADVANCED
that the City Council consider proclaiming TO AND INDEBTEDNESS, INCLUDING
Dubuque a Welcoming Community, referenced BONDS ISSUED OR TO BE ISSUED, IN-
Dubuque's diversity and growth and the up- CURRED BY SAID CITY IN CONNECTION
coming Taste of the World event at the Multi- WITH SAID SOUTH POINTE HOUSING UR-
cultural Family Center. BAN RENEWAL AREA
Whereas, the City Council of the City of
ACTION ITEMS Dubuque, lowa, after public notice and hearing
as prescribed by law and pursuant to Resolu-
1. Derby Grange Road Housing Urban Re- tion No. 101-17 passed and approved on the
newal Plan — Ordinance: City Manager rec- 20th day of March, 2017, adopted an Urban
ommending review and approval of an ordi- Renewal Plan (the "Urban Renewal Plan") for
nance creating a tax increment financing dis- an urban renewal area known as the South
trict for Derby Grange Road Housing Urban Pointe Housing Urban Renewal Area (the "Ur-
Renewal Area. Motion by Jones to receive and ban Renewal Area"); and
file the documents and table the proposed Whereas, expenditures and indebtedness
ordinance until the April 3, 2017 meeting. Se- are anticipated to be incurred by the City of
conded by Connors. Motion carried 7-0. Dubuque, lowa in the future to finance urban
renewal projed activities carried out in further-
2. South Pointe Housing Urban Renewal ance of the objedives of the Urban Renewal
Area — Ordinance: City Manager recommend- Plan and the future needs for redevelopment
ing review and approval of an ordinance creat- within the Urban Renewal Area are such as to
ing a tax increment financing district for the require the application of the incremental tax
South Pointe Housing Urban Renewal Area. resources of the Urban Renewal Area; and
Motion by Jones to receive and file the docu- Whereas, the City Council of the City of
ments and that the requirement that a pro- Dubuque, lowa desires to provide for the divi-
posed ordinance be considered and voted on sion of revenue from taxation in the Urban
for passage at two Council meetings prior to Renewal Area, as above described, in accord-
the meeting at which it is to be passed be sus- ance with the provisions of Section 403.19 of
pended. Seconded by Resnick. Motion carried the Code of lowa, as amended, and the Urban
7-0. Renewal Plan.
Motion by Jones for final consideration and NOW, THEREFORE, BE IT ORDAINED
passage of Ordinance No. 11-17 Providing BY THE CITY COUNCIL OF THE CITY OF
that general property taxes levied and collect- DUBUQUE, IOWA:
ed each year on all property located within the Section 1. For purposes of this Ordinance,
South Pointe Housing Urban Renewal Area, in the following terms have the following mean-
the City of Dubuque, County of Dubuque, ings:
State of lowa, by and for the benefit of the (a) Urban Renewal Projed Area shall
State of lowa, City of Dubuque, County of include that area described as follows:
Dubuque, Dubuque Community School District Lot 1 of Tower Investments Subdivision
and other Taxing Districts, be paid to a special No. 1, City of Dubuque; and
fund for payment of principal and interest on Lot 1 of Lot 1 of Lot 2 of Tower Invest-
loans, monies advanced to and indebtedness, ments Subdivision No. 1, City of Dubuque; and
including bonds issued or to be issued, in- Lot 2 of Table Mound Mobile Home Park,
curred by said City in connection with said City of Dubuque; and
South Pointe Housing Urban Renewal Area. Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Seconded by Resnick. Motion carried 7-0. Lot 1 of Lot 2 of Lot 2 of Mineral Lot 483, City
of Dubuque; and
OFFICIAL PUBLICATION Lot 1 of Mary Lou Place, City of Dubuque;
ORDINANCE NO. 11-17 and
AN ORDINANCE PROVIDING THAT GEN- Lot 1 of McNamer Acres No. 1; and
ERAL PROPERTY TAXES LEVIED AND Lot 1 of McNamer Acres No. 3; and
COLLECTED EACH YEAR ON ALL PROP- Lot 2 of McNamer Acres No. 3; and
ERTY LOCATED WITHIN THE SOUTH All that part of the Rockdale Road Right of
POINTE HOUSING URBAN RENEWAL AR- Way lying South of the Westerly extension of
EA, IN THE CITY OF DUBUQUE, COUNTY the North line of Lot 1 of Mary Lou Place and
OF DUBUQUE, STATE OF IOWA, BY AND lying North of the Southern terminus of the
FOR THE BENEFIT OF THE STATE OF 10- Rockdale Road Right of Way; and
WA, CITY OF DUBUQUE, COUNTY OF All that part of the Key West Drive Right of
DUBUQUE, DUBUQUE COMMUNITY Way and the Us Highway 61 Right of Way
SCHOOL DISTRICT AND OTHER TAXING lying South of the Easterly and Westerly ex-
Book 147 Regular Session, March 20, 2017 114
tension of the South line of Lot 2-1-1-13 of All that part of West Key Drive Right of
Annie Waller Subdivision #2 and lying North of Way adjacent to Lot 6 of Key City Subdivision;
the Easterly and Westerly extension of that and
part of Lot 1 of Mineral Lot 479 lying West of All that part of Royal Wood Drive Right of
U.S. Highway 61, and Way lying South of the Southerly Right of Way
All of the Manson Road Right of Way, in line of West Key Drive and North of the Nor-
the City of Dubuque, lowa; and therly Right of Way line of North Cascade
Lot 1-2-1-1-1-1-1-1-2-1-4 of Mineral Lot Road; and
501; and Lot 1 of Lot 1 of the Southeast Quarter of
All that part of the Kelly Lane Right of Way the Northwest Quarter of Section 13, T88N,
Lying North and West of the West line of Lot 4 R1 E of the 5t° P.M.; and
of Old Mill Subdivision and its Northerly exten- All that part of the English Mill Road Right
sion; and of Way lying South of the Northerly line of the
Lot 1-2, 1-2-1, 13-1, 2-1-1, 2-23-1, 2-2-2, South 10 Acres of Lot 1 of the Southeast
2-2-2-1 All in Mineral Lot 514; and Quarter of the Northwest Quarter of Section 5,
Lot 10 Peg-O-Mesa Subdivision; and T88N, R2E and its Easterly extension and
All that part of the Fremont Avenue Right lying North of the Northerly Right of Way line
of Way lying West and South of the South line of North Cascade Road; and
of Lot 14 in Block 1 of Birch Acres and its All that part of the Northwesterly Half of the
Northwesterly extension; and North Cascade Road Right of Way lying South
All that part of the Cedar Cross Road Right and West of the East line of Lot 1 of Dieters
of Way lying South of the Chicago Central and Place and its Northerly extension and lying
Pacific Railroad Company property in Section North and East of the West line of Lot 1-1 of
27, T89N, R2E of the 5t° P.M.; and Elizabeth Watter's Place and its Northerly ex-
All that part of the Chicago Central and tension; and
Pacific Railroad Company property in Section All that part of the North Cascade Road
27, T89N, R2E of the 5�° P.M. lying East of the Right of Way lying South and West of the West
Westerly line of Lot 1 of Part of Lot 1-1 of Min- line of Lot 1-1 of Elizabeth Watter's Place and
eral Lot 233 and its Northerly extension and its Northerly extension and lying North and
lying West of the Westerly line of Lot 2-2 of East of the East line of Lot 1-1 of Dane Place
Mineral Lot 211 A and its Northerly extension; and its Southerly extension; and
and All that part of the Southeasterly Half of the
All that part of the Cedar Cross Road Right North Cascade Road Right of Way lying South
of Way lying South of the Southern Right of and West of the East line of Lot 1-1 of Dane
Way line of U.S. Highway 20 (Dodge Street) Place and its Southerly extension and lying
and lying North of the Chicago Central and North and East of the Easterly Right of Way
Pacific Railroad Company property in Section line of U.S. Highway 20.
27, T89N, R2E of the 5t° P.M.; and (b) Urban Renewal Plan shall mean the
All that part of the U.S. Highway 20 (Dodge Urban Renewal Plan for the South
Street) Right of Way lying West of a line con- Pointe Housing Urban Renewal Area,
necting the Northwest corner of Lot 2-1-1-1 of approved by Resolution No. 101-17 on
Bartels Center Grove Place and the Southeast March 20, 2017, as the same may be
corner of Lot 1 of Hardee's First Addition and amended from time to time.
lying West of the Chicago Central and Pacific Sedion 2. That the taxes levied on the tax-
Railroad Company property in Section 28, able property in the Urban Renewal Area, le-
T89N, R2E of the 5t° P.M.; and gally described in Section 1 hereof, by and for
All that part of the Chicago Central and the benefit of the State of lowa, City of Dubu-
Pacific Railroad Company property in Section que, County of Dubuque, Dubuque Community
28, T89N, R2E of the 5t° P.M. lying East of the School Distrid, and all other taxing districts
Easterly line of Lot 2 of West End Commercial from and after the effective date of this Ordi-
Subdivision#2 and its Southerly extension and nance shall be divided as hereinafter in this
lying West of the Westerly line of Lot 1 of Clin- Ordinance provided.
Que Inc Addition No. 2 and its Southerly ex- Sedion 3. That portion of the taxes which
tension; and would be produced by the rate at which the tax
All that part of the U.S. Highway 20 (Dodge is levied each year by or for each of the taxing
Street) Right of Way lying South and West of districts upon the total sum of the assessed
the Chicago Central and Pacific Railroad value of the taxable property in the Urban Re-
Company property in Section 28, T89N, R2E newal Area, as shown on the assessment roll
of the 5t° P.M. and North and East of the Nor- as of January 1, 2016, being January 1 of the
therly extension of West Lot line of Lot 6 of calendar year preceding the first calendar year
Key City Subdivision; and in which the City of Dubuque is expected to
Lot 6 of Key City Subdivision, Dubuque certify to the County Auditor the amount of
County lowa; and loans, advances, indebtedness, or bonds pay-
Book 147 Regular Session, March 20, 2017 115
able from the division of property tax revenue nances in conflict with the provisions of this
described herein, shall be allocated to and Ordinance are hereby repealed. The provi-
when collected be paid into the fund for the sions of this Ordinance are intended and shall
respective taxing district as taues by or for the be construed so as to fully implement the divi-
taxing district into which all other property tax- sion of taxes from taxable property in the Ur-
es are paid. The taxes so determined shall be ban Renewal Area under the provisions of
referred to herein as the "base period taxes" Sedion 403.19 of the Code of lowa. In the
for such Urban Renewal Area. event that any provision of this Ordinance shall
Section 4. That portion of the taxes each be determined to be contrary to law it shall not
year in excess of the base period taxes deter- affed other provisions or application of this
mined for the Urban Renewal Area as provid- Ordinance which shall at all times be con-
ed in Section 3 of this Ordinance shall be allo- strued to fully invoke the provisions of Section
cated to and when collected be paid into a 403.19 of the Code of lowa with reference to
special tax increment fund of the City of Dubu- the Urban Renewal Area and the territory con-
que, lowa hereby established, to pay the prin- tained therein.
cipal of and interest on loans, monies ad- Section 8. This Ordinance shall be in effect
vanced to, indebtedness, whether funded, after its final passage, approval and publica-
refunded, assumed or otherwise, including tion as provided by law.
bonds or obligations issued under the authority Passed and approved this 20t° day of
of Sedion 403.9 or 403.12 of the Code of lo- March, 2017.
wa, as amended, incurred by the City of /s/Roy D. Mayor
Dubuque, lowa, to finance or refinance, in Attest: /s/Kevin S. Firnstahl, City Clerk
whole or in part, urban renewal projects under- Published officially in the Telegraph Herald
taken within the Urban Renewal Area pursuant newspaper on the 24t°day of March, 2017.
to the Urban Renewal Plan, except that (i) /s/Kevin S. Firnstahl, City Clerk
taxes for the regular and voter-approved phys- Read first time: March 20, 2017
ical plant and equipment levy of a school dis- Passed and approved: March 20, 2017
trict imposed pursuant to lowa Code Section Published: March 24, 2017
298.2 and taxes for the instrudional support Correded Ordinance 11-17-A Published April
program of a school district imposed pursuant 21, 2017
to lowa Code Section 257.19 (but in each case
only to the extent required under lowa Code 3. Series 2017ABC General Obligation
Section 403.19(2)); (ii) taxes for the payment Bond Sale: City Manager recommending ap-
of bonds and interest of each taxing district; proval of the suggested proceedings for direct-
(iii) taxes imposed under lowa Code Section ing sale of the $8,830,000 General Obligation
346.27(22) related to joint county-city build- Bonds, Series 2017A, $10,105,000 General
ings; and (iv) any other exceptions described Obligation Urban Renewal Refunding Bonds,
in Section 403.19 shall be colleded against all Series 2017B and $2,155,000 Taxable Gen-
taxable property within the Urban Renewal eral Obligation Urban Renewal Refunding
Project Area without any limitation as here- Bonds, Series 2017C. The Bond Sale was
inabove provided. scheduled for March 20. Results were pre-
Section 5. Unless or until the total as- sented at the meeting. Motion by Lynch to
sessed valuation of the taxable property in the receive and file the documents and adopt
Urban Renewal Area exceeds the total as- Resolution No. 107-17 Directing the Sale of
sessed value of the taxable property in the $8,495,000 General Obligation Bonds, Series
Urban Renewal Project Area as shown by the 2017A; Resolution No. 108-17 Directing the
assessment roll referred to in Section 3 of this sale of $9,745,000 General Obligation Urban
Ordinance, all of the taxes levied and collected Renewal Refunding Bonds, Series 2017B;
upon the taxable property in the Urban Re- Resolution No. 109-17 Directing the Sale of
newal Area shall be paid into the funds for the $2,120,000 Taxable General Obligation Urban
respedive taxing distrids as taxes by or for Renewal Refunding Bonds, Series 2017C;
said taxing districts in the same manner as all Resolution No. 110-17 Authorizing the re-
other property taxes. demption of outstanding General Obligation
Section 6. At such time as the loans, ad- Bonds, Series 2009A (Taxable Build America
vances, indebtedness, bonds and interest Bonds), of the City of Dubuque, state Of lowa,
thereon of the City of Dubuque, lowa referred dated November 10, 2009, and directing notice
to in Section 4 hereof have been paid, all mon- be given; Resolution No. 111-17 Authorizing
ies thereafter received from taxes upon the the redemption of outstanding General Obliga-
taxable property in the Urban Renewal Area tion Urban Renewal Bonds, Series 2009B
shall be paid into the funds for the respective (Taxable Build America Bonds), of the City of
taxing districts in the same manner as taxes Dubuque, State of lowa, dated November 10,
on all other property. 2009, and directing notice be given; Resolution
Section 7. All ordinances or parts of ordi- No. 112-17 Authorizing the redemption of out-
Book 147 Regular Session, March 20, 2017 116
standing General Obligation Refunding Bonds, Passed and approved this 20t° day of
Series 2009C, of the City of Dubuque, State of March, 2017.
lowa, dated November 10, 2009, and directing Roy D. Buol, Mayor
notice be given; Resolution No. 113-17 Author- Attest: Kevin S. Firnstahl, City Clerk
izing the redemption of outstanding General
Obligation Bonds, Series 2010A, of the City of RESOLUTION NO. 108-17
Dubuque, State of lowa, dated August 30, DIRECTING SALE OF $9,745,000 GENERAL
2010, and directing notice be given; Resolution OBLIGATION URBAN RENEWAL REFUND-
No. 114-17 Authorizing the redemption of out- ING BONDS, SERIES 2017B
standing Taxable General Obligation Urban Whereas, bids have been received for the
Renewal Bonds, Series 2010B, of the City of Bonds described as follows and the best bid
Dubuque, State of lowa, dated August 30, received (with permitted adjustments, if any) is
2010, and directing notice be given; Resolution determined to be the following:
No. 115-17 Authorizing the redemption of out- $9,745,000 GENERAL OBLIGATION UR-
standing General Obligation Urban Renewal BAN RENEWAL REFUNDING BONDS, SE-
Bonds, Series 2010C, of the City of Dubuque, RIES 2017B
State of lowa, dated August 30, 2010, and Bidder: Piper Jaffray of Minneapolis, MN
directing notice be given. Seconded by Res- The terms of award:
nick. Tionna Pooler, President of Independent Final Par Amount as adjusted: $9,745,000
Public Advisors of Des Moines, reviewed the Purchase Price as adjusted:
results of the bond sale with the City Council. $ 10,003,326.48
Motion carried 7-0. True Interest Rate: 2.572567%
Net Interest Cost: $1,867,106.77
RESOLUTION NO. 107-17 NOW, THEREFORE, BE IT RESOLVED
DIRECTING SALE OF $8,495,000 GENERAL BY THE CITY COUNCIL OF THE CITY OF
OBLIGATION BONDS, SERIES 2017A DUBUQUE, STATE OF IOWA:
Whereas, bids have been received for the Sedion 1. That the bid for the Bonds as
Bonds described as follows and the best bid above set out is hereby determined to be the
received (with permitted adjustments, if any) is best and most favorable bid received and, the
determined to be the following: Bonds are hereby awarded as described
$8,495,000 GENERAL OBLIGATION above.
BONDS, SERIES2017A Section 2. That the statement of infor-
Bidder: Fifth Third Securities of Cincinnati, mation for Bond bidders and the form of con-
OH tract for the sale of the Bonds are hereby ap-
The terms of award: proved and the Mayor and Clerk are author-
Final Par Amount as adjusted: $8,495,000 ized to execute the same on behalf of the City.
Purchase Price as adjusted:$8,737,035.01 Sedion 3. That the notice of the sale of the
True Interest Rate: 2.389290% Bonds heretofore given and all ads of the
Net Interest Cost: $1,132,881.17 Clerk and Finance Director done in furtherance
NOW, THEREFORE, BE IT RESOLVED of the sale of the Bonds are hereby ratified and
BY THE CITY COUNCIL OF THE CITY OF approved.
DUBUQUE, STATE OF IOWA: Passed and approved this 20t° day of
Sedion 1. That the bid for the Bonds as March, 2017.
above set out is hereby determined to be the Roy D. Buol, Mayor
best and most favorable bid received and, the Attest: Kevin S. Firnstahl, City Clerk
Bonds are hereby awarded as described
above. RESOLUTION NO. 109-17
Section 2. That the statement of infor- DIRECTING SALE OF $2,120,000 TAXABLE
mation for Bond bidders and the form of con- GENERAL OBLIGATION URBAN RENEWAL
tract for the sale of the Bonds are hereby ap- REFUNDING BONDS, SERIES 2017C
proved and the Mayor and Clerk are author- Whereas, bids have been received for the
ized to execute the same on behalf of the City. Bonds described as follows and the best bid
Section 3. That the notice of the sale of the received (with permitted adjustments, if any) is
Bonds heretofore given and all acts of the determined to be the following:
Clerk and Finance Director done in furtherance $2,120,000 TAXABLE GENERAL OB-
of the sale of the Bonds are hereby ratified and LIGATION URBAN RENEWAL RE-
approved. FUNDING BONDS, SERIES 2017C
Bidder: Robert W. Baird of Milwaukee,WI
The terms of award:
Final Par Amount as adjusted: $2,120,000
Purchase Price as adjusted: $2,131,885.56
True Interest Rate: 3.104732%
Net Interest Cost: $527,831.22.
Book 147 Regular Session, March 20, 2017 117
NOW, THEREFORE, BE IT RESOLVED and to notify DTC.
BY THE CITY COUNCIL OF THE CITY OF Sedion 3. The Finance Diredor is hereby
DUBUQUE, STATE OF IOWA: authorized and directed to cause to be depos-
Section 1. That the bid for the Bonds as ited in a separate fund sum sufficient to pay all
above set out is hereby determined to be the principal and interest on the redeemed Bonds
best and most favorable bid received and, the to the date of redemption and to notify the
Bonds are hereby awarded as described City's dissemination agent to post the Notice of
above. Redemption to the MSRB's website (EMMA) in
Section 2. That the statement of infor- searchable PDF format for the refunded Bonds
mation for Bond bidders and the form of con- in accordance with the Continuing Disclosure
tractforthe sale ofthe Bonds are hereby ap- Certificateforthe Bonds.
proved and the Mayor and Clerk are author- Section 4. That the form of such notice be
ized to execute the same on behalf of the City. substantially as[provided]:
Sedion 3. That the notice of the sale of the Passed and approved this 20t° day of
Bonds heretofore given and all ads of the March, 2017.
Clerk and Finance Diredor done in furtherance Roy D. Buol, Mayor
of the sale of the Bonds are hereby ratified and Attest: Kevin S. Firnstahl, City Clerk
approved.
Passed and approved this 20t° day of RESOLUTION NO. 111-17
March, 2017. AUTHORIZING THE REDEMPTION OF
Roy D. Buol, Mayor OUTSTANDING GENERAL OBLIGATION
Attest: Kevin S. Firnstahl, City Clerk URBAN RENEWAL BONDS, SERIES 2009B
(TAXABLE BUILD AMERICA BONDS), OF
RESOLUTION NO. 110-17 THE CITY OF DUBUQUE, STATE OF IOWA,
AUTHORIZING THE REDEMPTION OF DATED NOVEMBER 10, 2009,AND DIRECT-
OUTSTANDING GENERAL OBLIGATION ING NOTICE BE GIVEN
BONDS, SERIES 2009A (TAXABLE BUILD Whereas, the City did by resolution dated
AMERICA BONDS), OF THE CITY OF Odober 19, 2009, authorize the issuance of
DUBUQUE, STATE OF IOWA, DATED NO- $11,175,000 General Obligation Urban Re-
VEMBER 10, 2009, AND DIRECTING NO- newal Bonds, Series 2009B (Taxable Build
TICE BE GIVEN America Bonds), (the "Bonds") dated Novem-
Whereas, the City did by resolution dated ber 10, 2009; and
October 19, 2009, authorize the issuance of Whereas, the Bonds are redeemable in
$2,935,000 General Obligation Bonds, Series any order of their numbering on June 1, 2017
2009A (Taxable Build America Bonds) (the or any date thereafter upon giving notice in the
"Bonds") dated November 10, 2009; and manner provided in the resolution authorizing
Whereas, the Bonds are redeemable in the issuance of the Bonds; and
any order of their numbering on June 1, 2017 Whereas, it is deemed necessary and ad-
or any date thereafter upon giving notice in the visable that $7,830,000 be so redeemed on
manner provided in the resolution authorizing June 1, 2017, and notice of redemption be
the issuance of the Bonds; and given according to the terms of the resolution
Whereas, it is deemed necessary and ad- authorizing issuance of the Bonds.
visable that $2,025,000 be so redeemed on NOW, THEREFORE, BE IT RESOLVED
June 1, 2017 and notice of redemption be giv- BY THE CITY COUNCIL OF THE CITY OF
en according to the terms of the resolution DUBUQUE, STATE OF IOWA:
authorizing issuance of the Bonds. Sedion 1. That outstanding General Obli-
NOW, THEREFORE, BE IT RESOLVED gation Urban Renewal Bonds, Series 2009B
BY THE CITY COUNCIL OF THE CITY OF (Taxable Build America Bonds), dated No-
DUBUQUE, STATE OF IOWA: vember 10, 2009, in the principal amount of
Section 1. That outstanding General Obli- $7,830,000, be and the same are hereby re-
gation Bonds, Series 2009A (Taxable Build deemed as of June 1, 2017.
America Bonds), dated November 10, 2009, in Section 2. The Registrar and Paying
the principal amount of$2,025,000, be and the Agent, Wells Fargo, National Association, is
same are hereby redeemed as of June 1, hereby authorized and directed to cause notice
2017. of such redemption be given not less than thir-
Section 2. The Registrar and Paying ty (30) days prior to the redemption date and
Agent, Wells Fargo Bank, National Associa- to cause notice of redemption to be mailed to
tion, Minneapolis, Minnesota, is hereby author- the registered owners of the Bonds by first
ized and directed to cause notice of such re- class mail, and to notify DTC.
demption be given not less than thirty (30) Section 3. The Finance Director is hereby
days prior to the redemption date and to cause authorized and directed to cause to be depos-
notice of redemption to be mailed to the regis- ited in a separate fund sum sufficient to pay all
tered owners of the Bonds by first class mail, principal and interest on the redeemed Bonds
Book 147 Regular Session, March 20, 2017 118
to the date of redemption and to notify the Passed and approved this 20t° day of
City's dissemination agent to post the Notice of March, 2017.
Redemption to the MSRB's website (EMMA) in Roy D. Buol, Mayor
searchable PDF format for the refunded Bonds Attest: Kevin S. Firnstahl, City Clerk
in accordance with the Continuing Disclosure
Certificate for the Bonds. RESOLUTION NO. 113-17
Section 4. That the form of such notice be AUTHORIZING THE REDEMPTION OF
substantially as[provided]: OUTSTANDING GENERAL OBLIGATION
Passed and approved this 20t° day of BONDS, SERIES 2010A, OF THE CITY OF
March, 2017. DUBUQUE, STATE OF IOWA, DATED AU-
Roy D. Buol, Mayor GUST 30, 2010, AND DIRECTING NOTICE
Attest: Kevin S. Firnstahl, City Clerk BE GIVEN
Whereas, the City did by resolution dated
RESOLUTION NO. 112-17 August 16, 2010, authorize the issuance of
AUTHORIZING THE REDEMPTION OF $4,470,000 General Obligation Bonds, Series
OUTSTANDING GENERAL OBLIGATION 2010A, (the "Bonds") dated August 30, 2010;
REFUNDING BONDS, SERIES 2009C, OF and
THE CITY OF DUBUQUE, STATE OF IOWA, Whereas, the Bonds are redeemable in
DATED NOVEMBER 10, 2009,AND DIRECT- any order of their numbering on June 1, 2017
ING NOTICE BE GIVEN or any date thereafter upon giving notice in the
Whereas, the City did by resolution dated manner provided in the resolution authorizing
October 19, 2009, authorize the issuance of the issuance of the Bonds; and
$8,885,000 General Obligation Refunding Whereas, it is deemed necessary and ad-
Bonds, Series 2009C, (the "Bonds") dated visable that $3,100,000 be so redeemed on
November 10, 2009; and June 1, 2017, and notice of redemption be
Whereas, the Bonds are redeemable in given according to the terms of the resolution
any order of their numbering on June 1, 2017 authorizing issuance of the Bonds.
or any date thereafter upon giving notice in the NOW, THEREFORE, BE IT RESOLVED
manner provided in the resolution authorizing BY THE CITY COUNCIL OF THE CITY OF
the issuance of the Bonds; and DUBUQUE, STATE OF IOWA:
Whereas, it is deemed necessary and ad- Section 1. That outstanding General Obli-
visable that $3,325,000 be so redeemed on gation Bonds, dated August 30, 2010, in the
June 1, 2017 and notice of redemption be giv- principal amount of $3,100,000, be and the
en according to the terms of the resolution same are hereby redeemed as of June 1,
authorizing issuance of the Bonds. 2017.
NOW, THEREFORE, BE IT RESOLVED Sedion 2. The Registrar and Paying
BY THE CITY COUNCIL OF THE CITY OF Agent, Wells Fargo Bank, National Associa-
DUBUQUE, STATE OF IOWA: tion, is hereby authorized and directed to
Section 1. That outstanding General Obli- cause notice of such redemption be given not
gation Refunding Bonds, dated November 10, less than thirty (30) days prior to the redemp-
2009, in the principal amount of $3,325,000, tion date and to cause notice of redemption to
be and the same are hereby redeemed as of be mailed to the registered owners of the
June 1, 2017. Bonds by first class mail, and to notify DTC.
Sedion 2. The Registrar and Paying Sedion 3. The Finance Diredor is hereby
Agent, Wells Fargo Bank, National Associa- authorized and directed to cause to be depos-
tion, is hereby authorized and directed to ited in a separate fund sum sufficient to pay all
cause notice of such redemption be given not principal and interest on the redeemed Bonds
less than thirty (30) days prior to the redemp- to the date of redemption and to notify the
tion date and to cause notice of redemption to City's dissemination agent to post the Notice of
be mailed to the registered owners of the Redemption to the MSRB's website (EMMA) in
Bonds by first class mail, and to notify DTC. searchable PDF format for the refunded Bonds
Section 3. The Finance Director is hereby in accordance with the Continuing Disclosure
authorized and directed to cause to be depos- Certificate for the Bonds.
ited in a separate fund sum sufficient to pay all Section 4. That the form of such notice be
principal and interest on the redeemed Bonds substantially as[provided]:
to the date of redemption and to notify the Passed and approved this 20t° day of
City's dissemination agent to post the Notice of March, 2017.
Redemption to the MSRB's website (EMMA) in Roy D. Buol, Mayor
searchable PDF format for the refunded Bonds Attest: Kevin S. Firnstahl, City Clerk
in accordance with the Continuing Disclosure
Certificate for the Bonds. RESOLUTION NO. 114-17
Section 4. That the form of such notice be AUTHORIZING THE REDEMPTION OF
substantially as[provided]: OUTSTANDING TAXABLE GENERAL OB-
Book 147 Regular Session, March 20, 2017 119
LIGATION URBAN RENEWAL BONDS, SE- August 30, 2010; and
RIES 2010B, OF THE CITY OF DUBUQUE, Whereas, the Bonds are redeemable in
STATE OF IOWA, DATED AUGUST 30, any order of their numbering on June 1, 2017
2010,AND DIRECTING NOTICE BE GIVEN or any date thereafter upon giving notice in the
Whereas, the City did by resolution dated manner provided in the resolution authorizing
August 16, 2010, authorize the issuance of the issuance of the Bonds; and
$2,675,000 Taxable General Obligation Urban Whereas, it is deemed necessary and ad-
Renewal Bonds, Series 2010B, (the "Bonds") visable that $2,115,000 be so redeemed on
dated August 30, 2010; and June 1, 2017, and notice of redemption be
Whereas, the Bonds are redeemable in given according to the terms of the resolution
any order of their numbering on June 1, 2017 authorizing issuance of the Bonds.
or any date thereafter upon giving notice in the NOW, THEREFORE, BE IT RESOLVED
manner provided in the resolution authorizing BY THE CITY COUNCIL OF THE CITY OF
the issuance of the Bonds; and DUBUQUE, STATE OF IOWA:
Whereas, it is deemed necessary and ad- Section 1. That outstanding General Obli-
visable that $2,100,000 be so redeemed on gation Urban Renewal Bonds, dated August
June 1, 2017, and notice of redemption be 30, 2010, in the principal amount of
given according to the terms of the resolution $2,115,000, be and the same are hereby re-
authorizing issuance of the Bonds. deemed as of June 1, 2017.
NOW, THEREFORE, BE IT RESOLVED Sedion 2. The Registrar and Paying
BY THE CITY COUNCIL OF THE CITY OF Agent, Wells Fargo Bank, National Associa-
DUBUQUE, STATE OF IOWA: tion, is hereby authorized and direded to
Section 1. That outstanding Taxable Gen- cause notice of such redemption be given not
eral Obligation Urban Renewal Bonds, dated less than thirty (30) days prior to the redemp-
August 30, 2010, in the principal amount of tion date and to cause notice of redemption to
$2,100,000, be and the same are hereby re- be mailed to the registered owners of the
deemed as of June 1, 2017. Bonds by first class mail, and to notify DTC.
Sedion 2. The Registrar and Paying Sedion 3. The Finance Diredor is hereby
Agent, Wells Fargo Bank, National Associa- authorized and directed to cause to be depos-
tion, is hereby authorized and directed to ited in a separate fund sum sufficient to pay all
cause notice of such redemption be given not principal and interest on the redeemed Bonds
less than thirty (30) days prior to the redemp- to the date of redemption and to notify the
tion date and to cause notice of redemption to City's dissemination agent to post the Notice of
be mailed to the registered owners of the Redemption to the MSRB's website (EMMA) in
Bonds by first class mail, and to notify DTC. searchable PDF format for the refunded Bonds
Section 3. The Finance Director is hereby in accordance with the Continuing Disclosure
authorized and directed to cause to be depos- Certificate for the Bonds.
ited in a separate fund sum sufficient to pay all Section 4. That the form of such notice be
principal and interest on the redeemed Bonds substantially as[provided]:
to the date of redemption and to notify the Passed and approved this 20t° day of
City's dissemination agent to post the Notice of March, 2017.
Redemption to the MSRB's website (EMMA) in Roy D. Buol, Mayor
searchable PDF format for the refunded Bonds Attest: Kevin S. Firnstahl, City Clerk
in accordance with the Continuing Disclosure
Certificate for the Bonds. 4. Upper Bee Branch Creek Light-Pole
Section 4. That the form of such notice be Banners, Interpretive Signs, and Fiber Utility
substantially as[provided]: Cabinets: City Manager recommending ap-
Passed and approved this 20t° day of proval of the Upper Bee Branch Creek Light-
March, 2017. Pole Banners, Interpretive Signs and Fiber
Roy D. Buol, Mayor Utility Cabinets. Motion by Connors to receive
Attest: Kevin S. Firnstahl, City Clerk and file the documents, approve the recom-
mendation and hear the presentation. Se-
RESOLUTION NO. 115-17 conded by Rios. Bee Branch Projed Coordina-
AUTHORIZING THE REDEMPTION OF tor Kristin Hill provided a slide presentation.
OUTSTANDING GENERAL OBLIGATION Highlights included recommended light pole
URBAN RENEWAL BONDS, SERIES 2010C, banners design and installation; Interpretive
OF THE CITY OF DUBUQUE, STATE OF signage recommended designs and content;
IOWA, DATED AUGUST 30, 2010, AND DI- fiber utility cabinets vinyl wrap design and lo-
RECTING NOTICE BE GIVEN cations; and budget impact. Motion carried 7-
Whereas, the City did by resolution dated 0.
August 16, 2010, authorize the issuance of
$2,825,000 General Obligation Urban Renewal
Bonds, Series 2010C, (the "Bonds") dated
Book 147 Regular Session, April 3, 2017 120
5. Request for Work Session on EPA CITY OF DUBUQUE, IOWA
Brownfields Grant: City Manager recommend- CITY COUNCIL PROCEEDINGS
ing that the City Council schedule a work ses-
sion for June 12, 2017 at 6:00 p.m. to review REGULAR SESSION
the EPA Brownfields Grant. Motion by Jones OFFICIAL
to receive and file the documents and set the
work session as recommended. Seconded by The Dubuque City Council met in regular
Rios. Motion carried 7-0. session at 6:00 p.m. on April 3, 2017 in the
COUNCIL MEMBER REPORTS Historic Federal Building, 350 W. 6t° Street.
Present: Mayor Buol; Council Members
Council Member Connors reported on invit- Connors, Del Toro, Jones, Lynch, Resnick,
ing Loras College international students to a Rios; City Manager Van Milligen, City Attorney
future Council meeting. Brumwell
CLOSED SESSION Mayor Buol read the call and stated this is
a regular session of the City Council called for
Motion by Jones to convene in closed ses- the purpose of conducting such business that
sion at 8:40 p.m. to discuss pending litigation may properly come before the City Council.
and real estate transfer negotiations pursuant
to Chapter 21.5(1)(c), -Q) Code of lowa. Se- pLEDGEOFALLEGIANCE
conded by Connors. Mayor Buol stated for the
record that the attorney who will consult with pROCLAMATION(S)
City Council on the issues to be discussed in
the closed session is City Attorney Crenna 1. Mayor's Day of Recognition for National
Brumwell. Motion carried 7-0. Service (April 4, 2017) was accepted by Amer-
iCorps Member Sam Zebarth.
The City Council reconvened in open ses- 2. The Month of the Young Child/Child
sion at 9:06 p.m. stating that staff had been Abuse Prevention Month (April 2017) &Week
given proper diredion. of the Young Child (April 23-29, 2017) was
accepted by Sherri Edwards of Dubuque
There being no further business, upon mo- County Early Childhood; and Sherry Kennedy
tion the City Council adjourned at 9:07 p.m. of Dubuque Association for the Education of
Young Children.
/s/Kevin S. Fimstahl, CMC, City Clerk
CONSENTITEMS
Motion by Lynch to receive and file the
documents, adoptthe resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7-0.
1. Minutes and Reports Submitted: Build-
ing Code and Advisory Appeals Board of 3/21;
City Council Proceedings of 3/20; Civil Service
Commission of 3/2; Library Board of Trustees
of 2/23; Sister City Relationships Advisory
Commission of 3/22; Transit Advisory Board of
3/9; Zoning Board of Adjustment of 3/23; Proof
of Publication for City Council Proceedings of
3/6, 3/7; Proof of Publication for List of Claims
and Summary of Revenues Month Ending
2/28. Upon motion the documents were re-
ceived and filed.
2. Notice of Claims and Suits: Mark Laird
for property damage; Marvin and Mary Ritt for
vehicle damage; Teamsters Local 120 for
property damage, Rachel Wedewer for vehicle
damage and personal injury; Linda Wessels
Book 147 Regular Session, April 3, 2017 121
for personal injury. Upon motion the docu- thorized and directed to certify the PHA Plan's
ments were received, filed and referred to the Consistency with the Consolidated Plan.
City Attorney. Sedion 2: That the Director of Housing and
Community Development is hereby authorized
3. Disposition of Claims: City Attorney ad- to submit the PHA Plan and the Certification
vising that the following claims have been re- as required by the U.S. Department of Housing
ferred to Public Entity Risk Services of lowa, and Urban Development.
the agent for the lowa Communities Assurance Passed, approved and adopted this 3rd day
Pool: Kaitlyn Birch for personal injury and ve- of April 2017.
hicle damage; Mark Laird for property damage; Roy D Buol, Mayor
Marvin and Mary Ritt for vehicle damage; Attest: Kevin S. Firnstahl, City Clerk
Teamsters Local 120 for property damage;
Rachel Wedewer for personal injury and vehi- 7. Art on the River 2017 Artwork Selec-
cle damage; Linda Wessels for personal injury. tions: Arts and Cultural Affairs Advisory Com-
Upon motion the documents were received, mission recommending approval of the selec-
filed and concurred. tions for the 2017 Art on the River exhibition.
Upon motion the documents were received,
4. IDNR Working for Clean Water Publica- filed and approved.
tion: City Manager transmitting the Working for
Clean Water publication from the lowa De- 8. Urban Revitalization Applications for
partment of Natural Resources (IDNR) in Residential Property Tax Abatement: City
which Catfish Creek is featured as a 2016 wa- Manager recommending approval of a resolu-
tershed success. Upon motion the documents tion rescinding Resolution 58-17 and adopting
were received and filed. a resolution correcting Calendar Year 2016
applications for residential property tax abate-
5. Greater Dubuque Development Corp. ment. Upon motion the documents were re-
2022 Campaign: City Manager transmitting the ceived and filed and Resolution No. 117-17
Greater Dubuque Development Corp. 2022 Rescinding Resolution No. 58-17 and approv-
Campaign Brochure. Upon motion the docu- ing Property Tax Abatement applications sub-
ments were received and filed. mitted by property owners in recognized Urban
Revitalization Areas and authorizing the
6. Annual Public Housing Agency (PHA) transmittal of the approved Applications to the
Plan: City Manager recommending approval to City Tax Assessor was adopted.
submit the Annual Public Housing Agency
(PHA) Plan along with the Certification for RESOLUTION NO. 117-17
Consistency with the Consolidated Plan. Upon RESCINDING RESOLUTION NO. 58-17 AND
motion the documents were received and filed APPROVING PROPERTY TAX ABATEMENT
and Resolution No. 116-17 Authorizing the APPLICATIONS SUBMITTED BY PROPER-
Mayor to execute the Certification by State or TY OWNERS IN RECOGNIZED URBAN RE-
Local Office of Public Housing Agency (PHA) VITALIZATION AREAS AND AUTHORIZING
Plan's Consistency with the Consolidated Plan THE TRANSMITTAL OF THE APPROVED
and Approval of the PHA Annual Plan was APPLICATIONS TO THE CITY TAX ASSES-
adopted. SOR
Whereas, the City Council approved Reso-
RESOLUTION NO. 116-17 lution No. 58-17 on February 20, 2017; and
AUTHORIZING THE MAYOR TO EXECUTE Whereas, Resolution No. 58-17 incorredly
THE CERTIFICATION BY STATE OR LOCAL shows a fifteen (15) year abatement schedule
OFFICE OF PUBLIC HOUSING AGENCY for Kunkel and Associates and the approved in
(PHA) PLAN'S CONSISTENCY WITH THE the Kunkel and Associates Urban Revitaliza-
CONSOLIDATED PLAN AND APPROVAL tion Plan only allows a ten (10) year abate-
OF THE PHA ANNUAL PLAN ment schedule; and
Whereas, the U.S. Department of Housing Whereas, Resolution No. 58-17 should be
and Urban Development requires submission rescinded and replaced with a corrected reso-
of the Public Housing Agency (PHA) Plan on lution reflecting the approved Kunkel and As-
an annual basis; and sociates Urban Revitalization Plan.
Whereas, the U.S. Department of Housing NOW THEREFORE, BE IT RESOLVED
and Urban Development requires Certification BY THE CITY COUNCIL OF THE CITY OF
of the PHA Plan's Consistency with the Con- DUBUQUE, IOWA:
solidated Plan. Sedion 1. The City Council of the City of
NOW, THEREFORE BE IT RESOLVED Dubuque does hereby rescind Resolution No.
BY THE CITY COUNCIL OF THE CITY OF 58-17 and establish the following resolution for
DUBUQUE IOWA: the Calendar Year 2016 Urban Revitalization
Sedion 1: That the Mayor is hereby au- Applications.
Book 147 Regular Session, April 3, 2017 122
Section 2. That the below-described tax tablished December, 2002
abatement applications are hereby approved 1148 Langworthy St., Kevin Cassill & Melis-
by the City Council, subject to the review and sa Daykin Cassill
approval of the City Assessor. 490 Alpine St., Patrick&Amy Greener
A. Chapter 404 of the Code of lowa, Lanqe Estates
the Urban Revitalization Act, permits cities 3275 Pennsylvania Ave., Applewood IV, LLC
to abate property taxes for improvements E. The City of Dubuque, as of February 1,
made to properties in designated revitaliza- 2016, received commercial tax abatement
tion areas; and applications from the following property own-
B. The Urban Revitalization Ad re- ers in the Washington Neighborhood Urban
quires property owners to submit a written Revitalization District eligible for 3 year 100%
application for abatement by February 1 of abatement;
the assessment year for which the abate- Washington Neighborhood Urban Revi-
ment is first claimed, and further requires talization Area, established March 2007
the City Council to approve all applications 1812 Central Ave (Storefronts), Richard
that meet the requirements of the adopted Taft 1812 LLC
Urban Revitalization Plan and forward the 422&430 Garfield Ave., Robert F Klauer
approved applications to the City Assessor F. The City of Dubuque, as of February 1,
for review by March 1 of each year; and 2016, received commercial/industrial tax
C. Pursuant to the requirements of said abatement application from the following prop-
Urban Revitalization Act, the following Ur- erty owner in the Kunkel and Associates urban
ban Revitalization Areas were established: Revitalization district, eligible for a partial ex-
Upper Main, Jackson Park, Washington emption equal to a percent of the actual value
Neighborhood, West 11t° Street, Langwnr- added by the improvements over a period of
thy, Cathedral, Old Main, Kunkel & Associ- 10 years as follows:
ates, Lange Estates; and a. For the first year, eighty percent(80%)
D. The City of Dubuque, as of February b. For the second year, seventy percent
1, 2016, received residential tax abatement (70%)
applications from the following property c. For the third year, sixty percent(60%)
owners in the aforementioned urban revi- d. For the fourth year, fifty percent(50%)
talization districts eligible for 10 year 100% e. For the fifth year, forty percent(40%)
abatement; f. For the sixth year, forty percent(40%)
Upper Main Urban Revitalization Area, es- g. For the seventh year, thirty percent
tablished Auaust 21. 1995 (30%)
140 Loras Boulevard, Jaeger&Jaeger, LLC h. For the eighth year, thirty percent
Jackson Park Urban Revitalization Area, es- (30%)
tablished Odober 6. 1980 i. For the ninth year, twenty percent
1576 Locust St., 1576 W Landlord LLC (20%)
324 W Locust St.,Weaver Castle, LLC j. For the tenth year, twenty percent
326 W Locust St.,Weaver Castle, LLC (20%)
Washinaton Neiahborhood Urban Revitaliza- Kunkel &Associates Urban Revitalization
tion Area, established March 2007 Area, established January 2015
1461 Jackson St., Community Housing Initia- 401 Data Court, Kunkel Properties, LLC
tives (CHI) G. The Housing and Community Develop-
1513 Washington St., Community Housing ment Department has reviewed the above-
Initiatives(CHI) described applications and inspected the
1629 Washington St., Hilary Dalton properties, and has determined the applica-
1631 Jackson St., Robert&Erin Daughers tions and the improvements conform to all
1656 Jackson St., Paula Unsen requirements of the City of Dubuque's Urban
1812 Central Ave., (Multifamily), Richard Taft Revitalization Plans.
1812 LLC Passed, approved and adopted this 3rd day
1849 Jackson St., Community Housing Initia- of April, 2017.
tives (CHI) Roy D. Buol, Mayor
2073 Jackson St., Josh Weiland Attest: Kevin S. Firnstahl, City Clerk
2139 Jackson St., Community Housing Initia-
tives (CHI) 9. Express Scripts Programs: City Manager
308 E. 22od St., Community Housing Initia- recommending approval for the City Manager
tives (CHI) to sign the 2017 PBM Agreement Service Ad-
West 11t° Street Urban Revitalization Area, dendum with Express Scripts. Upon motion the
established March. 1981 documents w�re received, filed and approved.
920 & 922 Center Place, Bruce & Renae
Bettcher 10. Medical Associates MMPI-2 Testing
Lanaworthv Urban Revitalization Area, es- Services: City Manager recommending ap-
Book 147 Regular Session, April 3, 2017 123
proval of a one-year agreement with the psy- TRUST SERVICES OF MINNEAPOLIS, MIN-
chologists at Medical Associates Clinic to pro- NESOTA, TO SERVE AS PAYING AGENT,
vide MMPI-2 Testing Services administered to BOND REGISTRAR, AND TRANSFER
all new Firefighters and Police Officers. Upon AGENT, APPROVING THE PAYING AGENT
motion the documents were received, filed and AND BOND REGISTRAR AND TRANSFER
approved. AGENT AGREEMENT AND AUTHORIZING
THE EXECUTION OF THE AGREEMENT
11. Benefit Consulting and Actuarial Ser- Whereas, $8,495,000 General Obligation
vices: City Manager recommending approval Bonds, Series 2017A, dated April 17, 2017,
of the selection of Gallagher Benefit Services, have been sold and action should now be tak-
Inc., to perform benefit consulting and actuarial en to provide for the maintenance of records,
services related to the City's employee health, registration of certificates and payment of prin-
life, accidental death and dismemberment, cipal and interest in connection with the issu-
disability, prescription drug and dental benefit ance of the Bonds; and
plans. Upon motion the documents were re- Whereas, this Council has deemed that the
ceived,filed and approved. services offered by Wells Fargo Corporate
Trust Services of Minneapolis, Minnesota, are
12. Series 2017ABC General Obligation necessary for compliance with rules, regula-
Bonds Completion of Sale: City Manager rec- tions, and requirements governing the registra-
ommending approval of the suggested pro- tion, transfer and payment of registered bonds;
ceedings to complete the action required on and
the recent Series 2017A, Series 2017B and Whereas, a Paying Agent, Bond Registrar
Series 2017C General Obligation Bonds. Upon and Transfer Agent Agreement (hereafter
motion the documents were received and filed "AgreemenY') has been prepared to be entered
and Resolution No. 118-17 Appointing Wells into between the City and Wells Fargo Corpo-
Fargo Corporate Trust Services of Minneap- rate Trust Services.
olis, Minnesota, to serve as Paying Agent, NOW, THEREFORE, BE IT RESOLVED
Bond Registrar, and Transfer Agent, approving BY THE CITY COUNCIL OF THE CITY OF
the Paying Agent and Bond Registrar and DUBUQUE, STATE OF IOWA:
Transfer Agent Agreement and authorizing the That Wells Fargo Corporate Trust Services
execution of the Agreement; Resolution No. of Minneapolis, Minnesota, is hereby appoint-
119-17 Authorizing and providing for the issu- ed to serve as Paying Agent, Bond Registrar
ance of$8,495,000 General Obligation Bonds, and Transfer Agent in connection with the is-
Series 2017A, and levying a tax to pay said suance of $8,495,000 General Obligation
Bonds; approval of the Tax Exemption Certifi- Bonds, Series 2017A, dated April 17, 2017.
cate and Continuing Disclosure Certificate; That the Agreement with Wells Fargo Cor-
Resolution No. 120-17 Appointing Wells Fargo porate Trust Services of Minneapolis, Minne-
Corporate Trust Services of Minneapolis, Min- sota, is hereby approved and that the Mayor
nesota, to serve as Paying Agent, Bond Regis- and Clerk are authorized to sign the Agree-
trar, and Transfer Agent, approving the Paying ment on behalf of the City.
Agent and Bond Registrar and Transfer Agent Passed, approved and adopted this 3rd day
Agreement and authorizing the execution of of April 2017.
the Agreement; Resolution No. 121-17 Author- Roy D Buol, Mayor
izing and providing for the issuance of Attest: Kevin S. Firnstahl, City Clerk
$9,745,000 General Obligation Urban Renewal
Refunding Bonds, Series 2017B, and levying a RESOLUTION NO. 119-17
tax to pay said Bonds; approval of the Tax AUTHORIZING AND PROVIDING FOR THE
Exemption Certificate and Continuing Disclo- ISSUANCE OF $8,495,000 GENERAL OBLI-
sure Certificate; Resolution No. 122-17 Ap- GATION BONDS, SERIES 2017A, AND
pointing Wells Fargo Corporate Trust Services LEVYING A TAX TO PAY SAID BONDS;
of Minneapolis, Minnesota, to serve As Paying APPROVAL OF THE TAX EXEMPTION
Agent, Bond Registrar, and Transfer Agent, CERTIFICATE AND CONTINUING DISCLO-
approving the Paying Agent and Bond Regis- SURE CERTIFICATE
trar and Transfer Agent Agreement and au- Whereas, the Issuer is duly incorporated,
thorizing the execution of the Agreement; and organized and exists under and by virtue of the
Resolution No. 123-17 Authorizing and provid- laws and Constitution of the State of lowa; and
ing for the issuance of $2,120,000 Taxable Whereas, the Issuer is in need of funds to
General Obligation Urban Renewal Refunding pay (a) costs of the settlement, adjustment,
Bonds, Series 2017C, and levying a tax to pay renewing, or extension of any part or all of the
said Bonds; approval of the Continuing Disclo- legal indebtedness of a city, whether evi-
sure Certificate were adopted. denced by bonds, warrants, or judgments, or
RESOLUTION NO. 118-17 the funding or refunding of the same, whether
APPOINTING WELLS FARGO CORPORATE or not such indebtedness was created for a
Book 147 Regular Session, April 3, 2017 124
purpose for which general obligation bonds the beneficial owner of such Bond by a
might have been issued in the original in- Participant on the records of such Partic-
stance, including General Obligation Bonds, ipant or such person's subrogee.
Taxable Series 2009A (BAB), General Obliga- . "Blanket Issuer Letter of Representa-
tion Refunding Bonds, Series 2009C and tions"shall mean the Representation Let-
General Obligation Bonds, Series 2010A; and ter from the Issuer to DTC, with respect
(b) the equipping of the fire department, es- to the Bonds.
sential corporate purpose(s), and it is deemed . "Bond Fund" shall mean the fund created
necessary and advisable that General Obliga- in Section 3 of this Resolution.
tion Bonds, to the amount of not to exceed . "Bonds" shall mean $8,495,000 General
$8,950,000 be authorized for said purpose(s); Obligation Bonds, Series 2017A, author-
and ized to be issued by this Resolution.
Whereas, it is found and determined that . "Cede&Co."shall mean Cede&Co., the
the aforesaid adjustment and refunding of pre- nominee of DTC, and any successor
sent indebtedness is necessary and in the nominee of DTC with respect to the
public interest and will benefit the City and its Bonds.
taxpayers by restructuring three (3) outstand- . "Continuing Disclosure Certificate" shall
ing issue(s) of Bonds for purposes of more mean that certain Continuing Disclosure
efficient administration thereof; by conforming Certificate approved under the terms of
the debt service requirements to the anticipat- this Resolution and to be executed by the
ed receipt of tax funds thereby reducing the Issuer and dated the date of issuance
impact of delays in the collection of future tax- and delivery of the Bonds, as originally
es upon the Bond's cash flow; and to adjust executed and as it may be amended from
the requirements of the outstanding indebted- time to time in accordance with the terms
ness so as to facilitate the orderly retirement of thereof.
Bonds anticipated to be issued for future capi- . "Current Refunded Portion" shall mean
tal improvements; and $8,450,000 of the Bonds to refund the
Whereas, it presently appears that the Refunded Bonds.
aforesaid benefits may be realized and at the . "Depository Bonds " shall mean the
same time savings may be effected in the debt Bonds as issued in the form of one global
service fund requirements of the City by re- certificate for each maturity, registered in
funding of the Bonds set forth in the schedule the Registration Books maintained by the
set forth as Exhibit"A", attached to this Reso- Registrar in the name of DTC or its nom-
lution and made a part hereof by this refer- inee.
ence; and . "DTC" shall mean The Depository Trust
Whereas, pursuant to notice published as Company, New York, NewYork, which
required by Section 384.25 of the Code of lo- will act as security depository for the
wa, this Council has held a public meeting and gonds pursuant to the Representation
hearing upon the proposal to institute proceed- Letter.
ings for the issuance of $8,495,000 General . "Issuer" and "City" shall mean the City of
Obligation Bonds, and the Council is therefore Dubuque, State of lowa.
now authorized to proceed with the issuance . ��New Money Portion" shall mean
of said Bonds for such purpose(s); and
Whereas, pursuant to the provisions of $233,000 of the bonds issued to pay
Chapter 75 of the Code of lowa, the above costs of equipping the fire department.
mentioned Bonds were heretofore sold at pub-
• "Participants" shall mean those broker-
lic sale and action should now be taken to is- dealers, banks and other financial institu-
sue said Bonds conforming to the terms and tions for which DTC holds Bonds as se-
conditions of the best bid received at the ad- curities depository.
vertised public sale. • "Paying AgenY' shall mean Wells Fargo
NOW, THEREFORE, BE IT RESOLVED Corporate Trust Services, or such suc-
BY THE CITY COUNCIL OF THE CITY OF cessor as may be approved by Issuer as
DUBUQUE, STATE OF IOWA: provided herein and who shall carry out
Section 1. Definitions. The following terms the duties prescribed herein as Issuer's
shall have the following meanings in this Reso- agent to provide for the payment of prin-
lution unless the text expressly or by neces- cipal of and interest on the Bonds as the
sary implication requires otherwise: same shall become due.
• "Authorized Denominations" shall mean • "ProjecY' shall mean the costs of a) the
$5,000 or any integral multiple thereof. settlement, adjustment, renewing, or ex-
• "Beneficial Owner" shall mean, whenever tension of any part or all of the legal in-
used with respect to a Bond, the person debtedness of a city, whether evidenced
in whose name such Bond is recorded as by bonds, warrants, or judgments, or the
funding or refunding of the same, wheth-
Book 147 Regular Session, April 3, 2017 125
er or not such indebtedness was created authorized to be issued, there is hereby
for a purpose for which general obligation levied for each future year the following di-
bonds might have been issued in the rect annual tax on all of the taxable proper-
original instance, including General Obli- ty in Dubuque, lowa, to-wit:
gation Bonds, Taxable Series 2009A AMOUNT, FISCAL YEAR (JULY 1 TO
(BAB), General Obligation Refunding JUNE 301 YEAR OF COLLECTION
Bonds, Series 2009C and General Obli- $1,415,998.33*, 2017/2018
gation Bonds, Series 2010A; and b) $1,420,950.00, 2018/2019
equipping the fire department. $1,424,950.00, 2019/2020
• "Project Fund"shall mean, as to the New $1,422.750.00, 2020/2021
Money Portion, the fund established un- $484,500.00, 2021/2022
der this Resolution for the deposit of a $483,250.00, 2022/2023
portion of the proceeds to pay the costs $496,700.00, 2023/2024
of equipping the fire department. As to $489,400.00, 2024/2025
the Current Refunded Portion, "Project $486,950.00, 2025/2026
Fund" shall mean the fund into which a $489,200.00, 2026/2027
portion of the proceeds will be deposited $491,000.00, 2027/2028
and used, together with interest earnings $492,350.00, 2028/2029
thereon, to pay the principal, interest and $283,250.00, 2029/2030
redemption premium, if any, on the Re- * Payable from the Debt Service Levy on
funded Bonds. the Refunded Bonds.
• "Rebate Fund" shall mean the fund so (NOTE: For example the levy to be made
defined in and established pursuant to and certified against the taxable valuations of
the Tax Exemption Certificate. January 1, 2016 will be collected during the
• "Refunded Bonds" shall mean fiscal year commencing July 1, 2017.)
$2,025,000 of the $2,935,000 General b. Resolution to be Filed With County
Obligation Bonds, Series 2009A (Taxable Auditor. A certified copy of this Resolution
Build America Bonds), dated November shall be filed with the Auditor of Dubuque
10, 2009, $3,325,000 of the $8,885,000 County, lowa and the Auditor is hereby in-
General Obligation Refunding Bonds, struded in and for each of the years as
Series 2009C, dated November 10, provided, to levy and assess the tax here-
2009, and $3,100,000 of the $4,470,000 by authorized in Section 2 of this Resolu-
General Obligation Bonds, Series 2010A, tion, in like manner as other taxes are lev-
dated August 30, 2010. ied and assessed, and such taxes so lev-
• "Registrar" shall mean Wells Fargo Cor- ied in and for each of the years aforesaid
porate Trust Services of Minneapolis, be collected in like manner as other taxes
Minnesota, or such successor as may be of the City are collected, and when collect-
approved by Issuer as provided herein ed be used forthe purpose of paying prin-
and who shall carry out the duties pre- cipal and interest on said Bonds issued in
scribed herein with respect to maintaining anticipation of the tax, and for no other
a register of the owners of the Bonds. purpose whatsoever.
Unless otherwise specified, the Registrar c. Additional City Funds Available.
shall also act as Transfer Agent for the Principal and interest coming due at any
Bonds. time when the proceeds of said tax on
• "Resolution" shall mean this resolution hand shall be insufficient to pay the same
authorizing the Bonds. shall be promptly paid when due from cur-
• "Tax Exemption Certificate" shall mean rent funds of the City available for that pur-
the Tax Exemption Certificate approved pose and reimbursement shall be made
under the terms of this Resolution and to from such special fund in the amounts thus
be executed by the Treasurer and deliv- advanced.
ered at the time of issuance and delivery Section 3. Bond Fund. Said tax shall be
of the Bonds. assessed and collected each year at the same
• "Treasurer" shall mean the Finance Di- time and in the same manner as, and in addi-
rector or such other officer as shall suc- tion to, all other taxes in and for the City, and
ceed to the same duties and responsibili- When collected they shall be converted into a
ties with respect to the recording and special fund within the Debt Service Fund to
payment of the Bonds issued hereunder. be known as the "2017A GENERAL OBLIGA-
Section 2. Levy and Certification of Annual TION BOND FUND" (the "Bond Fund"), which
Tax; Other Funds to be Used. is hereby pledged for and shall be used only
a. Levy of Annual Tax. That for the for the payment of the principal of and interest
purpose of providing funds to pay the prin- on the Bonds hereinafter authorized to be is-
cipal and interest of the Bonds hereinafter sued; and also there shall be apportioned to
said fund its proportion of taues received by
Book 147 Regular Session, April 3, 2017 126
the City from property that is centrally as- printed with the seal of the City and shall
sessed by the State of lowa. be fully registered as to both principal and
Sedion 4. Application of Bond Proceeds. interest as provided in this Resolution;
Proceeds of the Bonds, other than accrued principal, interest and premium, if any,
interest except as may be provided below, shall be payable at the office of the Paying
shall be credited to the Project Fund and ex- Agent by mailing of a check to the regis-
pended therefrom for the purposes of issu- tered owner of the Bond. The Bonds shall
ance. Any amounts on hand in the Project be in the denomination of $5,000 or multi-
Fund shall be available for the payment of the ples thereof. The Bonds shall mature and
principal of or interest on the Bonds at any bear interest as follows:
time that other funds shall be insufficient to the '�, Principal '� '� '�
purpose, in which event such funds shall be ���F__ Amount__�_InterestRate_�MaturityJune_1���
repaid to the Project Fund at the earliest op- � $1,130,000 3.000% ' 2018
�— —{----------}----------�
portunity. Any balance on hand in the Project $1 200,000 � 3.000% � 2019
,F---'-------+-----------+----------��
Fund and not immediately required for its pur- , $1,240,000 � 3.000% � 2020 �
oses ma be invested not inconsistent with �----------t-----------+----------1
p Y $1,275,000 3.000% y___ 2021_
limitations provided by lawor this Resolution. '� $375,000 � 3.000% � 2022 �
Proceeds invested shall mature before the '�,� $3g5,000 ; 3.000% �� 2023 ��
date which the moneys are required for pay- � $q10,000 ' 3 000% � 2024 -�'
�--------- ;---=------+----------�
ment of principal and interest on the Refunded -- -
$415 000 ' 3 000% '� 2025 '�
Bonds. Accrued interest, if any, shall be de- ,�-----'-----{---=--o--}----------a,
$425 000 � 3 000/o � 2026
posited in the Bond Fund. ,F-----'-----{------o---+----------�,
$440,000 � 3.000% I 2027
Section 5. Investment of Bond Fund Pro- �r----------+-----------+----------1�
ceeds. All moneys held in the Bond Fund, pro- ��__$455,000 3.000% y___ 2028 �
vided for by Section 3 of this Resolution shall --- � 2030 �
I $470,000__;_ 3.000/o-_--_____-___-
-------- ' .
be invested in investments permitted by Chap- _$275,000__��, 3.000%___��,__________ ���,.
ter 12B, Code of lowa, 2015, as amended, or b. Redemption.
deposited in financial institutions which are i. Optional Redemption. Bonds ma-
members of the Federal Deposit Insurance turing after June 1, 2025 may be called
Corporation and the deposits in which are in- for optional redemption by the Issuer
sured thereby and all such deposits exceeding on that date or any date thereafter,
the maximum amount insured from time to from any funds regardless of source, in
time by FDIC or its equivalent successor in whole or from time to time in part, in
any one financial institution shall be continu- any order of maturity and within an an-
ously secured in compliance with Chapter 12C nual maturity by lot. The terms of re-
of the Code of lowa, 2015, as amended, or demption shall be par, plus accrued in-
otherwise by a valid pledge of dired obliga- terest to date of call.
tions of the United States Government having Thirty days' written notice of re-
an equivalent market value. All such interim demption shall be given to the regis-
investments shall mature before the date on tered owner of the Bond. Failure to give
which the moneys are required for payment of written notice to any registered owner
principal of or interest on the Bonds as herein of the Bonds or any defed therein shall
provided. not affed the validity of any proceed-
Section 6. Bond Details, Execution and ings for the redemption of the Bonds.
Redemption. All Bonds or portions thereof called for
a. Bond Details. General Obligation redemption will cease to bear interest
Bonds of the City in the amount of after the specified redemption date,
$8,495,000 shall be issued pursuant to the provided funds for their redemption are
provisions of Section 384.25 of the Code of on deposit at the place of payment.
lowa for the aforesaid purposes. The Written notice will be deemed complet-
Bonds shall be designated "GENERAL ed upon transmission to the owner of
OBLIGATION BOND, SERIES 2017A", be record.
dated April 17, 2017, and bear interest If selection by lot within a maturity is
from the date thereof, until payment there- required, the Registrar shall designate
of, at the office of the Paying Agent, said the Bonds to be redeemed by random
interest payable on December 1, 2017, and selection of the names of the registered
semiannually thereafter on the 1st day of owners of the entire annual maturity
June and December in each year until ma- until the total amount of Bonds to be
turity at the rates hereinafter provided. called has been reached.
The Bonds shall be executed by the
manual or facsimile signature of the Mayor
and attested by the manual or facsimile
signature of the Clerk, and impressed or
Book 147 Regular Session, April 3, 2017 127
If less than all of a maturity is called amount of principal or redemption price of
for redemption, the Issuer will notify or interest on the Bonds; with respect to
DTC of the particular amount of such any notice given to owners of Bonds under
maturity to be redeemed prior to ma- the Resolution; with respect to the Partici-
turity. DTC will determine by lot the pant(s) selected to receive payment in the
amount of each ParticipanYs interest in event of a partial redemption of the Bonds,
such maturity to be redeemed and or a consent given or other action taken by
each Participant will then select by lot DTC as registered owner of the Bonds.
the beneficial ownership interests in The Paying Agent and Registrar shall pay
such maturity to be redeemed. All pre- all principal of and premium, if any, and in-
payments shall be at a price of par plus terest on the Bonds only to Cede & Co. in
accrued interest. accordance with the Representation Letter,
Section 7. Issuance of Bonds in Book- and all payments are valid and effective to
Entry Form; Replacement Bonds. fully satisfy and discharge the Issuer's ob-
a. Notwithstanding the other provisions ligations with respect to the principal of and
of this Resolution regarding registration, premium, if any, and interest on the Bonds
ownership, transfer, payment and ex- to the extent of the sum paid. DTC must
change of the Bonds, unless the Issuer de- receive an authenticated Bond for each
termines to permit the exchange of Deposi- separate stated maturity evidencing the ob-
tory Bonds for Bonds in Authorized De- ligation of the Issuer to make payments of
nominations, the Bonds shall be issued as principal of and premium, if any, and inter-
Depository Bonds in denominations of the est. Upon delivery by DTC to the Paying
entire principal amount of each maturity of Agent and Registrar of written notice that
Bonds (or, if a portion of said principal DTC has determined to substitute a new
amount is prepaid, said principal amount nominee in place of Cede&Co., the Bonds
less the prepaid amount). The Bonds must will be transferable to the new nominee in
be registered in the name of Cede & Co., accordance with this Section.
as nominee for DTC. Payment of semian- c. In the event the Issuer determines
nual interest for any Bonds registered in that it is in the best interest of the Benefi-
the name of Cede & Co. will be made by cial Owners that they be able to obtain
wire transfer or New York Clearing House Bonds certificates, the Issuer may notify
or equivalent next day funds to the account DTC and the Paying Agent and Registrar,
of Cede & Co. on the interest payment whereupon DTC will notify the Participants,
date for the Bonds at the address indicated of the availability through DTC of Bonds
or in the Representation Letter. certificates. The Bonds will be transferable
b. The Bonds will be initially issued in in accordance with this Section. DTC may
the form of separate single authenticated determine to discontinue providing its ser-
fully registered bonds in the amount of vices with respect to the Bonds at any time
each stated maturity of the Bonds. Upon by giving notice to the Issuer and the Pay-
initial issuance, the ownership of the Bonds ing Agent and Registrar and discharging its
will be registered in the registry books kept responsibilities under applicable law. In this
by the Paying Agent and Registrar in the event, the Bonds will be transferable in ac-
name of Cede & Co., as nominee of DTC. cordance with this Section.
The Paying Agent and Registrar and the d. Notwithstanding any other provision
Issuer may treat DTC (or its nominee) as of the Resolution to the contrary, so long
the sole and exclusive owner of the Bonds as any Bond is registered in the name of
registered in its name for the purposes of Cede & Co., as nominee of DTC, all pay-
payment of the principal or redemption ments with respect to the principal of and
price of or interest on the Bonds, selecting premium, if any, and interest on the Bond
the Bonds or portions to be redeemed, giv- and all notices must be made and given,
ing any notice permitted or required to be respectively to DTC as provided in the
given to registered owners of Bonds under Representation letter.
the Resolution of the Issuer, registering the e. In connection with any notice or oth-
transfer of Bonds, obtaining any consent or er communication to be provided to Bond-
other action to be taken by registered own- holders by the Issuer or the Paying Agent
ers of the Bonds and for other purposes. and Registrar with respect to a consent or
The Paying Agent, Registrar and the Issuer other action to be taken by Bondholders,
have no responsibility or obligation to any the Issuer or the Paying Agent and Regis-
Participant or Beneficial Owner of the trar, as the case may be, shall establish a
Bonds under or through DTC with respect record date for the consent or other action
to the accuracy of records maintained by and give DTC notice of the record date not
DTC or any Participant; with respect to the less than 15 calendar days in advance of
payment by DTC or Participant of an the record date to the extent possible. No-
Book 147 Regular Session, April 3, 2017 128
tice to DTC must be given only when DTC pointed as Bond Registrar under the terms
is the sole Bondholder. of this Resolution and under the provisions
f. The Representation Letter is on file of a separate agreement with the Issuer
with DTC and sets forth certain matters filed herewith which is made a part hereof
with respect to, among other things, notic- by this reference. Registrar shall maintain
es, consents and approvals by Bondhold- the books of the Issuer for the registration
ers and payments on the Bonds. The exe- of ownership of the Bonds for the payment
cution and delivery of the Representation of principal of and interest on the Bonds as
Letter to DTC by the Issuer is ratified and provided in this Resolution. All Bonds shall
confirmed. be negotiable as provided in Article 8 of the
g. In the event that a transfer or ex- Uniform Commercial Code and Section
change of the Bonds is permitted under 384.31 of the Code of lowa, subject to the
this Section, the transfer or exchange may provisions for registration and transfer con-
be accomplished upon receipt by the Reg- tained in the Bonds and in this Resolution.
istrar from the registered owners of the b. Transfer. The ownership of any Bond
Bonds to be transferred or exchanged and may be transferred only upon the Registra-
appropriate instruments of transfer. In the tion Books kept for the registration and
event Bond certificates are issued to hold- transfer of Bonds and only upon surrender
ers other than Cede & Co., its successor thereof at the office of the Registrar to-
as nominee for DTC as holder of all the gether with an assignment duly executed
Bonds, or other securities depository as by the holder or his duly authorized attor-
holder of all the Bonds, the provisions of ney in fact in such form as shall be satis-
the Resolution apply to, among other factory to the Registrar, along with the ad-
things, the printing of certificates and the dress and social security number or federal
method or payment of principal of and in- employer identification number of such
terest on the certificates. Any substitute transferee (or, if registration is to be made
depository shall be designated in writing by in the name of multiple individuals, of all
the Issuer to the Paying Agent. Any such such transferees). In the event that the ad-
substitute depository shall be a qualified dress of the registered owner of a Bond
and registered "clearing agency" as pro- (other than a registered owner which is the
vided in Section 17A of the Securities Ex- nominee of the broker or dealer in ques-
change Act of 1934, as amended. The tion) is that of a broker or dealer, there
substitute depository shall provide for (i) must be disclosed on the Registration
immobilization of the Depository Bonds, (ii) Books the information pertaining to the reg-
registration and transfer of interests in De- istered owner required above. Upon the
pository Bonds by book entries made on transfer of any such Bond, a new fully reg-
records of the depository or its nominee istered Bond, of any denomination or de-
and (iii) payment of principal of, premium, if nominations permitted by this Resolution in
any, and interest on the Bonds in accord- aggregate principal amount equal to the
ance with and as such interests may ap- unmatured and unredeemed principal
pear with respect to such book entries. amount of such transferred fully registered
h. The officers of the Issuer are author- Bond, and bearing interest at the same
ized and directed to prepare and furnish to rate and maturing on the same date or
the purchaser, and to the attorneys approv- dates shall be delivered by the Registrar.
ing the legality of Bonds, certified copies of c. Registration of Transferred Bonds. In
proceedings, ordinances, resolutions and all cases of the transfer of the Bonds, the
records and all certificates and affidavits Registrar shall register, at the earliest prac-
and other instruments as may be required ticable time, on the Registration Books, the
to evidence the legality and marketability of Bonds, in accordance with the provisions
the Bonds, and all certified copies, certifi- of this Resolution.
cates, affidavits and other instruments d. Ownership. As to any Bond, the per-
constitute representations of the Issuer as son in whose name the ownership of the
to the correctness of all stated or recited same shall be registered on the Registra-
facts. tion Books of the Registrar shall be
Section 8. Registration of Bonds; Appoint- deemed and regarded as the absolute
ment of Registrar; Transfer; Ownership; Deliv- owner thereof for all purposes, and pay-
ery; and Cancellation. ment of or on account of the principal of
a. Registration. The ownership of any such Bonds and the premium, if any,
Bonds may be transferred only by the mak- and interest thereon shall be made only to
ing of an entry upon the books kept for the or upon the order of the registered owner
registration and transfer of ownership of thereof or his legal representative. All such
the Bonds, and in no other way. Wells Far- payments shall be valid and effectual to
go Corporate Trust Services is hereby ap- satisfy and discharge the liability upon
Book 147 Regular Session, April 3, 2017 129
such Bond, including the interest thereon, ry to the Registrar and Issuer that such Bond
to the extent of the sum or sums so paid. has been destroyed, stolen or lost and proof of
e. Cancellation. All Bonds which have ownership thereof, and upon furnishing the
been redeemed shall not be reissued but Registrar and Issuer with satisfactory indemni-
shall be cancelled by the Registrar. All ty and complying with such other reasonable
Bonds which are cancelled by the Regis- regulations as the Issuer or its agent may pre-
trar shall be destroyed and a certificate of scribe and paying such expenses as the Issuer
the destruction thereof shall be furnished may incur in connection therewith.
promptly to the Issuer; provided that if the Section 10. Record Date. Payments of
Issuer shall so dired, the Registrar shall principal and interest, otherwise than upon full
forward the cancelled Bonds to the Issuer. redemption, made in respect of any Bond,
f. Non-Presentment of Bonds. In the shall be made to the registered holder thereof
event any payment check representing or to their designated agent as the same ap-
payment of principal of or interest on the pear on the books of the Registrar on the 15�n
Bonds is returned to the Paying Agent or if day of the month preceding the payment date.
any bond is not presented for payment of All such payments shall fully discharge the
principal at the maturity or redemption obligations of the Issuer in respect of such
date, if funds sufficient to pay such princi- Bonds to the extent of the payments so made.
pal of or interest on Bonds shall have been Upon receipt of the final payment of principal,
made available to the Paying Agent for the the holder of the Bond shall surrender the
benefit of the owner thereof, all liability of Bond to the Paying Agent.
the Issuer to the owner thereof for such in- Section 11. Execution, Authentication and
terest or payment of such Bonds shall Delivery of the Bonds. Upon the adoption of
forthwith cease, terminate and be com- this Resolution, the Mayor and Clerk shall ex-
pletely discharged, and thereupon it shall ecute the Bonds by their manual or authorized
be the duty of the Paying Agent to hold signature and deliver the Bonds to the Regis-
such funds, without liability for interest trar, who shall authenticate the Bonds and
thereon, for the benefit of the owner of deliver the same to or upon order of the Pur-
such Bonds who shall thereafter be re- chaser. No Bond shall be valid or obligatory for
stricted exclusively to such funds for any any purpose or shall be entitled to any right or
claim of whatever nature on his part under benefit hereunder unless the Registrar shall
this Resolution or on, or with respect to, duly endorse and execute on such Bond a
such interest or Bonds. The Paying AgenYs Certificate of Authentication substantially in the
obligation to hold such funds shall continue form of the Certificate herein set forth. Such
for a period equal to two years and six Certificate upon any Bond executed on behalf
months following the date on which such of the Issuer shall be conclusive evidence that
interest or principal became due, whether the Bond so authenticated has been duly is-
at maturity, or at the date fixed for redemp- sued under this Resolution and that the holder
tion thereof, or otherwise, at which time the thereof is entitled to the benefits of this Reso-
Paying Agent, shall surrender any remain- lution.
ing funds so held to the Issuer, whereupon No Bonds shall be authenticated and de-
any claim under this Resolution by the livered by the Registrar unless and until there
Owners of such interest or Bonds of what- shall have been provided the following:
ever nature shall be made upon the Issuer. 1. A certified copy of the Resolution
g. Registration and Transfer Fees. The of Issuer authorizing the issuance of
Registrar may furnish to each owner, at the the Bonds;
Issuer's expense, one bond for each annu- 2. A written order of Issuer signed
al maturity. The Registrar shall furnish ad- by the Treasurer of the Issuer directing
ditional Bonds in lesser denominations (but the authentication and delivery of the
not less than the minimum denomination) Bonds to or upon the order of the Pur-
to an owner who so requests. chaser upon payment of the purchase
Sedion 9. Reissuance of Mutilated, De- price as set forth therein;
stroyed, Stolen or Lost Bonds. In case any 3. The approving opinion of Ahlers
outstanding Bond shall become mutilated or & Cooney, P.C., Bond Counsel, con-
be destroyed, stolen or lost, the Issuer shall at cerning the validity and legality of all
the request of Registrar authenticate and de- the Bonds proposed to be issued.
liver a new Bond of like tenor and amount as Section 12. Right to Name Substitute Pay-
the Bond so mutilated, destroyed, stolen or ing Agent or Registrar. Issuer reserves the
lost, in exchange and substitution for such right to name a substitute, successor Registrar
mutilated Bond to Registrar, upon surrender of or Paying Agent upon giving prompt written
such mutilated Bond, or in lieu of and substitu- notice to each registered bondholder.
tion for the Bond destroyed, stolen or lost, up- Section 13. Form of Bond. Bonds shall be
on filing with the Registrar evidence satisfacto- printed substantially in the form as[provided]:
Book 147 Regular Session, April 3, 2017 130
Section 14. Closing Documents. The by court order, to cause the Issuer to comply
Mayor and City Clerk are authorized and di- with its obligations under the Continuing Dis-
rected to execute, attest, seal and deliver for closure Certificate. For purposes of this sec-
and on behalf of the City any other additional tion, "Beneficial Owner" means any person
certificates, documents, or other papers and which (a) has the power, directly or indirectly,
perform all other acts, including without limita- to vote or consent with respect to, or to dis-
tion the execution of all closing documents, as pose of ownership of, any Bond (including
they may deem necessary or appropriate in persons holding Bonds through nominees,
order to implement and carry out the intent and depositories or other intermediaries), or (b) is
purposes of this Resolution. treated as the owner of any Bonds for federal
Section 15. Contract Between Issuer and income tax purposes.
Purchaser. This Resolution constitutes a con- Sedion 19. Additional Covenants, Repre-
tract between said City and the purchaser of sentations and Warranties of the Issuer. The
the Bonds. Issuer certifies and covenants with the pur-
Section 16. Non-Arbitrage Covenants. The chasers and holders of the Bonds from time to
Issuer reasonably expects and covenants that time outstanding that the Issuer through its
no use will be made of the proceeds from the officers, (a) will make such further specific
issuance and sale of the Bonds issued here- covenants, representations and assurances as
under which will cause any of the Bonds to be may be necessary or advisable; (b) comply
classified as arbitrage bonds within the mean- with all representations, covenants and assur-
ing of Sections 148(a) and (b) of the Internal ances contained in the Tax Exemption Certifi-
Revenue Code of the United States, as cate, which Tax Exemption Certificate shall
amended, and that throughout the term of the constitute a part of the contract between the
Bonds it will comply with the requirements of Issuer and the owners of the Bonds;(c) consult
statutes and regulations issued thereunder. with Bond Counsel (as defined in the Tax Ex-
To the best knowiedge and belief of the Is- emption Certificate); (d) pay to the United
suer, there are no facts or circumstances that States, as necessary, such sums of money
would materially change the foregoing state- representing required rebates of excess arbi-
ments or the conclusion that it is not expected trage profits relating to the Bonds;(e) file such
that the proceeds of the Bonds will be used in forms, statements and supporting documents
a manner that wnuld cause the Bonds to be as may be required and in a timely manner;
arbitrage bonds. and (� if deemed necessary or advisable by its
Section 17. Approval of Tax Exemption officers, to employ and pay fiscal agents, fi-
Certificate. Attached hereto is a form of Tax nancial advisors, attorneys and other persons
Exemption Certificate stating the Issuer's rea- to assist the Issuer in such compliance.
sonable expectations as to the use of the pro- Section 20. Amendment of Resolution to
ceeds of the Bonds. The form of Tax Exemp- Maintain Tax Exemption. This Resolution may
tion Certificate is approved. The Issuer hereby be amended without the consent of any owner
agrees to comply with the provisions of the of the Bonds if, in the opinion of Bond Coun-
Tax Exemption Certificate and the provisions sel, such amendment is necessary to maintain
of the Tax Exemption Certificate are hereby tax exemption with respect to the Bonds under
incorporated by reference as part of this Reso- applicable Federal lawor regulations.
lution. The Finance Diredor is hereby directed Sedion 21. Repeal of Conflicting Resolu-
to make and insert all calculations and deter- tions or Ordinances. All ordinances and resolu-
minations necessary to complete the Tax Ex- tions and parts of ordinances and resolutions
emption Certificate at issuance of the Bonds to in conflict herewith are hereby repealed.
certify as to the reasonable expedations and Sedion 22. Severability Clause. If any sec-
covenants of the Issuer at that date. tion, paragraph, clause or provision of this
Sedion 18. Continuing Disclosure. The Is- Resolution be held invalid, such invalidity shall
suer hereby covenants and agrees that it will not affect any of the remaining provisions
comply with and carry out all of the provisions hereof, and this Resolution shall become ef-
of the Continuing Disclosure Certificate, and fective immediately upon its passage and ap-
the provisions of the Continuing Disclosure proval.
Certificate are hereby incorporated by refer- Passed, approved and adopted this 3rd day
ence as part of this Resolution and made a of April 2017.
part hereof. Notwithstanding any other provi- Roy D Buol, Mayor
sion of this Resolution, failure of the Issuer to Attest: Kevin S. Firnstahl, City Clerk
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 Bonds or Beneficial Owner may take
such actions as may be necessary and appro-
priate, including seeking specific performance
Book 147 Regular Session, April 3, 2017 131
RESOLUTION NO. 120-17 legal indebtedness of a city, whether evi-
APPOINTING WELLS FARGO CORPORATE denced by bonds, warrants, or judgments, or
TRUST SERVICES OF MINNEAPOLIS, MIN- the funding or refunding of the same, whether
NESOTA, TO SERVE AS PAYING AGENT, or not such indebtedness was created for a
BOND REGISTRAR, AND TRANSFER purpose for which general obligation bonds
AGENT, APPROVING THE PAYING AGENT might have been issued in the original in-
AND BOND REGISTRAR AND TRANSFER stance, including General Obligation Urban
AGENT AGREEMENT AND AUTHORIZING Renewal Bonds, Taxable Series 2009B (BAB)
THE EXECUTION OF THE AGREEMENT and General Obligation Urban Renewal
Whereas, $9,745,000 General Obligation Bonds, Series 2010C, essential corporate ur-
Urban Renewal Refunding Bonds, Series ban renewal purpose projed(s), and it is
2017B, dated April 17, 2017, have been sold deemed necessary and advisable that the City
and action should now be taken to provide for issue General Obligation Urban Renewal Re-
the maintenance of records, registration of funding Bonds, for such purpose(s) to the
certificates and payment of principal and inter- amount of not to exceed $10,250,000 as au-
est in connection with the issuance of the thorized by Sections 384.25 and 403.12 of the
Bonds; and Code of lowa; and
Whereas, this Council has deemed that the Whereas, pursuant to notice published as
services offered by Wells Fargo Corporate required by Sections 384.25 and 403.12 this
Trust Services of Minneapolis, Minnesota, are Council has held a public meeting and hearing
necessary for compliance with rules, regula- upon the proposal to institute proceedings for
tions, and requirements governing the registra- the issuance of said Bonds, and all objections,
tion, transfer and payment of registered bonds; if any, to such Council action made by any
and resident or property owner of the City were
Whereas, a Paying Agent, Bond Registrar received and considered by the Council; and
and Transfer Agent Agreement (hereafter no petition having been filed, it is the decision
"AgreemenY') has been prepared to be entered of the Council that additional action be taken
into between the City and Wells Fargo Corpo- for the issuance of said Bonds for such pur-
rate Trust Services. pose(s), and that such action is considered to
NOW, THEREFORE, BE IT RESOLVED be in the best interests of the City and the res-
BY THE CITY COUNCIL OF THE CITY OF identsthereof; and
DUBUQUE, STATE OF IOWA: Whereas, pursuant to the provisions of
That Wells Fargo Corporate Trust Services Chapter 75 of the Code of lowa, the above
of Minneapolis, Minnesota, is hereby appoint- mentioned Bonds were heretofore sold at pub-
ed to serve as Paying Agent, Bond Registrar lic sale and action should now be taken to is-
and Transfer Agent in connection with the is- sue said Bonds conforming to the terms and
suance of $9,745,000 General Obligation Ur- conditions of the best bid received at the ad-
ban Renewal Refunding Bonds, Series 2017B, vertised public sale.
dated April 17, 2017. NOW, THEREFORE, BE IT RESOLVED
That the Agreement with Wells Fargo Cor- BY THE CITY COUNCIL OF THE CITY OF
porate Trust Services of Minneapolis, Minne- DUBUQUE, STATE OF IOWA:
sota, is hereby approved and that the Mayor Section 1. Definitions. The following terms
and Clerk are authorized to sign the Agree- shall have the following meanings in this Reso-
ment on behalf of the City. lution unless the text expressly or by neces-
Passed, approved and adopted this 3rd day sary implication requires otherwise:
of April 2017. • "Authorized Denominations" shall
Roy D Buol, Mayor mean $5,000 or any integral multiple
Attest: Kevin S. Firnstahl, City Clerk thereof.
• "Beneficial Owner" shall mean,
RESOLUTION NO. 121-17 whenever used with respect to a Bond, the
AUTHORIZING AND PROVIDING FOR THE person in whose name such Bond is rec-
ISSUANCE OF $9,745,000 GENERAL OBLI- orded as the beneficial owner of such Bond
GATION URBAN RENEWAL REFUNDING by a Participant on the records of such
BONDS, SERIES 2017B, AND LEVYING A Participant or such person's subrogee.
TAX TO PAY SAID BONDS; APPROVAL OF • "Blanket Issuer Letter of Representa-
THE TAX EXEMPTION CERTIFICATE AND tions"shall mean the Representation Letter
CONTINUING DISCLOSURE CERTIFICATE from the Issuer to DTC, with respect to the
Whereas, the Issuer is duly incorporated, Bonds.
organized and exists under and by virtue of the • "Bond Fund" shall mean the fund
laws and Constitution of the State of lowa; and created in Section 3 of this Resolution.
Whereas, the Issuer is in need of funds to • "Bonds" shall mean $9,745,000 Gen-
pay costs of the settlement, adjustment, re- eral Obligation Urban Renewal Refunding
newing, or extension of any part or all of the Bonds, Series 2017B, authorized to be is-
Book 147 Regular Session, April 3, 2017 132
sued by this Resolution. 2009B, dated November 10, 2009 and
• "Cede&Co."shall mean Cede&Co., $2,115,000 of the $2,825,000 General Ob-
the nominee of DTC, and any successor ligation Urban Renewal Bonds, Series
nominee of DTC with respect to the Bonds. 2010C, dated August 30, 2010.
• "Continuing Disclosure Certificate" • "Registrar" shall mean Wells Fargo
shall mean that certain Continuing Disclo- Corporate Trust Services of Minneapolis,
sure Certificate approved underthe terms Minnesota, or such successor as may be
of this Resolution and to be executed by approved by Issuer as provided herein and
the Issuer and dated the date of issuance who shall carry out the duties prescribed
and delivery of the Bonds, as originally ex- herein with respect to maintaining a regis-
ecuted and as it may be amended from ter of the owners of the Bonds. Unless oth-
time to time in accordance with the terms erwise specified, the Registrar shall also
thereof. act as Transfer Agent for the Bonds.
• "Depository Bonds " shall mean the • "Resolution" shall mean this resolu-
Bonds as issued in the form of one global tion authorizing the Bonds.
certificate for each maturity, registered in • "Tax Exemption Certificate" shall
the Registration Books maintained by the mean the Tax Exemption Certificate ap-
Registrar in the name of DTC or its nomi- proved under the terms of this Resolution
nee. and to be executed by the Treasurer and
• "DTC" shall mean The Depository delivered at the time of issuance and deliv-
Trust Company, New York, New York, ery of the Bonds.
which will act as security depository for the • "Treasurer" shall mean the Finance
Bond pursuant to the Representation Let- Director or such other officer as shall suc-
ter. ceed to the same duties and responsibili-
• "Issuer" and "City" shall mean the ties with respect to the recording and pay-
City of Dubuque, State of lowa. ment of the Bonds issued hereunder.
• "Participants" shall mean those bro- Section 2. Levy and Certification of Annual
ker-dealers, banks and other financial insti- Tax; Other Funds to be Used.
tutions for which DTC holds Bonds as se- a. Levy of Annual Tau. That for the
curities depository. purpose of providing funds to pay the prin-
• "Paying AgenY' shall mean Wells cipal and interest of the Bonds hereinafter
Fargo Corporate Trust Services, or such authorized to be issued, there is hereby
successor as may be approved by Issuer levied for each future year the following di-
as provided herein and who shall carry out rect annual tax on all of the taxable proper-
the duties prescribed herein as Issuer's ty in Dubuque, lowa to-wit:
agent to provide for the payment of princi- AMOUNT. FISCAL YEAR (JULY 1 TO
pal of and interest on the Bonds as the JUNE 301 YEAR OF COLLECTION
same shall become due. $953,081.67*, 2017/2018
• "ProjecY' shall mean the costs of the $953,600.00, 2018/2019
settlement, adjustment, renewing, or ex- $963,200.00, 2019/2020
tension of any part or all of the legal in- $961,900.00, 2020/2021
debtedness of a city,whether evidenced by $965,000.00, 2021/2022
bonds, warrants, or judgments, or the fund- $967,350.00, 2022/2023
ing or refunding of the same, whether or $968,950.00, 2023/2024
not such indebtedness was created for a $979,800.00, 2024/2025
purpose for which general obligation bonds $974,600.00, 2025/2026
might have been issued in the original in- $973,800.00, 2026/2027
stance, including General Obligation Urban $982,250.00, 2027/2028
Renewal Bonds, Taxable Series 2009B $994,650.00, 2028/2029
(BAB) and General Obligation Urban Re- $200,850.00, 2029/2030
newal Bonds, Series 2010C. * Payable from the Debt Service Levy
• "Project Fund"shall mean the fund in- on the Refunded Bonds.
to which a portion of the proceeds of the (NOTE: For example the levy to be
Bonds will be deposited and used, together made and certified against the taxable val-
with interest earnings thereon, to pay the uations of January 1, 2016 will be collected
principal, interest and redemption premi- during the fiscal year commencing July 1,
um, if any, on the Refunded Bonds. 2017.)
• "Rebate Fund" shall mean the fund b. Resolution to be Filed With County
so defined in and established pursuant to Auditor. A certified copy of this Resolution
the Tax Exemption Certificate. shall be filed with the Auditor of Dubuque
• "Refunded Bonds" shall mean County, lowa and the Auditor is hereby in-
$7,830,000 of the $11,175,000 General struded in and for each of the years as
Obligation Urban Renewal Bonds, Series provided, to levy and assess the tax here-
Book 147 Regular Session, April 3, 2017 133
by authorized in Section 2 of this Resolu- which the moneys are required for payment of
tion, in like manner as other taxes are lev- principal of or interest on the Bonds as herein
ied and assessed, and such taxes so lev- provided.
ied in and for each of the years aforesaid Sedion 6 Bond Details, Execution and Re-
be collected in like manner as other taxes demption.
of the City are collected, and when collect- a. Bond Details. General Obligation Ur-
ed be used for the purpose of paying prin- ban Renewal Refunding Bonds of the City
cipal and interest on said Bonds issued in in the amount of $9,745,000, shall be is-
anticipation of the tax, and for no other sued pursuant to the provisions of Sedions
purpose whatsoever. 384.25 and 403.12 of the Code of lowa for
c. Additional City Funds Available. the aforesaid purposes. The Bonds shall
Principal and interest coming due at any be designated "GENERAL OBLIGATION
time when the proceeds of said tax on URBAN RENEWAL REFUNDING BOND,
hand shall be insufficient to pay the same SERIES 2017B", be dated April 17, 2017,
shall be promptly paid when due from cur- and bear interest from the date thereof, un-
rent funds of the City available for that pur- til payment thereof, at the office of the Pay-
pose and reimbursement shall be made ing Agent, said interest payable on De-
from such special fund in the amounts thus cember 1, 2017, and semiannually thereaf-
advanced. ter on the 1��day of June and December in
Section 3. Bond Fund. Said tax shall be each year until maturity at the rates here-
assessed and collected each year at the same inafter provided.
time and in the same manner as, and in addi- The Bonds shall be executed by the
tion to, all other taxes in and for the City, and manual or facsimile signature of the Mayor
when collected they shall be converted into a and attested by the manual or facsimile
special fund within the Debt Service Fund to signature of the Clerk, and impressed or
be known as the "2017B GENERAL OBLIGA- printed with the seal of the City and shall
TION URBAN RENEWAL REFUNDING BOND be fully registered as to both principal and
FUND" (the "Bond Fund"), which is hereby interest as provided in this Resolution;
pledged for and shall be used only for the principal, interest and premium, if any,
payment of the principal of and interest on the shall be payable at the office of the Paying
Bonds hereinafter authorized to be issued; and Agent by mailing of a check to the regis-
also there shall be apportioned to said fund its tered owner of the Bond. The Bonds shall
proportion of taxes received by the City from be in the denomination of $5,000 or multi-
property that is centrally assessed by the State ples thereof. The Bonds shall mature and
of lowa. bear interest as follows:
Sedion 4. Application of Bond Proceeds. '�, Principal ��f Interest Rate ; Maturity June ��,
Proceeds of the Bonds, other than accrued �'��__ Amount__�__________ �'� 1�� ___ j
;------
interest except as may be provided below, '�, $625,000 ��, 3.000% �� 2018 ��
shall be credited to the Project Fund and ex- '��__$680,000_�___3,000%___+___ _2019____�
pended therefrom for the purposes of issu- '��_ $710 000 �_ 3 000% _ + 2020 �
ance. Proceeds invested shall mature before F_ $730,000_+__ 3,000°�/0___+____2021_____�
the date on which the moneys are required for $755 000 � 3 000% 2022 '�
payment of principal and interest on the Re- r---- --+— ----- + ---------1�
funded Bonds. Accrued interest, if any, shall �- 3.000% ___ 2023
'� _ $780,000_-� ___
be deposited in the Bond Fund. _ $$05,000_ �,___3,000�/0___y___ 2024
---�
Section 5. Investment of Bond Fund Pro- 3.000% ____ 2025
��,__$840,000_-� ___
r__$860,000__�__ 3_000%___�I 2026___y
ceeds. All moneys held in the Bond Fund, pro- �� ggg5 000 3 000% � 2027
vided for by Section 3 of this Resolution shall ;�-----'----1---=--0---1----------a,
� $920 000 � 3 000% � 2028
be invested in investments permitted by Chap- �F-----'----+---=------+----------��
$960,000__I 3.000% I 2029
ter 12B, Code of lowa, 2015, as amended, or �r------ +----------+----------1�
deposited in financial institutions which are �__$195,000__y__ 3,000%___y___ 2030___;
members of the Federal Deposit Insurance b. Redemption.
Corporation and the deposits in which are in- i. Optional Redemption. Bonds ma-
sured thereby and all such deposits exceeding turing after June 1, 2025 may be called
the maximum amount insured from time to for optional redemption by the Issuer
time by FDIC or its equivalent successor in on that date or any date thereafter,
any one financial institution shall be continu- from any funds regardless of source, in
ously secured in compliance with Chapter 12C whole or from time to time in part, in
of the Code of lowa, 2015, as amended, or any order of maturity and within an an-
otherwise by a valid pledge of direct obliga- nual maturity by lot. The terms of re-
tions of the United States Government having demption shall be par, plus accrued in-
an equivalent market value. All such interim terest to date of call.
investments shall mature before the date on Thirty days' written notice of re-
Book 147 Regular Session, April 3, 2017 134
demption shall be given to the regis- name of Cede & Co., as nominee of DTC.
tered owner of the Bond. Failure to give The Paying Agent and Registrar and the
written notice to any registered owner Issuer may treat DTC (or its nominee) as
of the Bonds or any defed therein shall the sole and exclusive owner of the Bonds
not affect the validity of any proceed- registered in its name for the purposes of
ings for the redemption of the Bonds. payment of the principal or redemption
All Bonds or portions thereof called for price of or interest on the Bonds, selecting
redemption will cease to bear interest the Bonds or portions to be redeemed, giv-
after the specified redemption date, ing any notice permitted or required to be
provided funds for their redemption are given to registered owners of Bonds under
on deposit at the place of payment. the Resolution of the Issuer, registering the
Written notice will be deemed complet- transfer of Bonds, obtaining any consent or
ed upon transmission to the owner of other action to be taken by registered own-
record. ers of the Bonds and for other purposes.
If selection by lot within a maturity is The Paying Agent, Registrar and the Issuer
required, the Registrar shall designate have no responsibility or obligation to any
the Bonds to be redeemed by random Participant or Beneficial Owner of the
selection of the names of the registered Bonds under or through DTC with respect
owners of the entire annual maturity to the accuracy of records maintained by
until the total amount of Bonds to be DTC or any Participant; with respect to the
called has been reached. payment by DTC or Participant of an
If less than all of a maturity is called amount of principal or redemption price of
for redemption, the Issuer will notify or interest on the Bonds; with respect to
DTC of the particular amount of such any notice given to owners of Bonds under
maturity to be redeemed prior to ma- the Resolution; with respect to the Partici-
turity. DTC will determine by lot the pant(s) selected to receive payment in the
amount of each ParticipanYs interest in event of a partial redemption of the Bonds,
such maturity to be redeemed and or a consent given or other action taken by
each Participant will then select by lot DTC as registered owner of the Bonds.
the beneficial ownership interests in The Paying Agent and Registrar shall pay
such maturity to be redeemed. All pre- all principal of and premium, if any, and in-
payments shall be at a price of par plus terest on the Bonds only to Cede & Co. in
accrued interest. accordance with the Representation Letter,
Section 7. Issuance of Bonds in Book- and all payments are valid and effective to
Entry Form; Replacement Bonds. fully satisfy and discharge the Issuer's ob-
a. Notwithstanding the other provisions ligations with respect to the principal of and
of this Resolution regarding registration, premium, if any, and interest on the Bonds
ownership, transfer, payment and ex- to the extent of the sum paid. DTC must
change of the Bonds, unless the Issuer de- receive an authenticated Bond for each
termines to permit the exchange of Deposi- separate stated maturity evidencing the ob-
tory Bonds for Bonds in Authorized De- ligation of the Issuer to make payments of
nominations, the Bonds shall be issued as principal of and premium, if any, and inter-
Depository Bonds in denominations of the est. Upon delivery by DTC to the Paying
entire principal amount of each maturity of Agent and Registrar of written notice that
Bonds (or, if a portion of said principal DTC has determined to substitute a new
amount is prepaid, said principal amount nominee in place of Cede&Co., the Bonds
less the prepaid amount). The Bonds must will be transferable to the new nominee in
be registered in the name of Cede & Co., accordance with this Section.
as nominee for DTC. Payment of semian- c. In the event the Issuer determines
nual interest for any Bonds registered in that it is in the best interest of the Benefi-
the name of Cede & Co. will be made by cial Owners that they be able to obtain
wire transfer or New York Clearing House Bonds certificates, the Issuer may notify
or equivalent next day funds to the account DTC and the Paying Agent and Registrar,
of Cede & Co. on the interest payment whereupon DTC will notify the Participants,
date for the Bonds at the address indicated of the availability through DTC of Bonds
or in the Representation Letter. certificates. The Bonds will be transferable
b. The Bonds will be initially issued in in accordance with this Section. DTC may
the form of separate single authenticated determine to discontinue providing its ser-
fully registered bonds in the amount of vices with respect to the Bonds at any time
each stated maturity of the Bonds. Upon by giving notice to the Issuer and the Pay-
initial issuance, the ownership of the Bonds ing Agent and Registrar and discharging its
will be registered in the registry books kept responsibilities under applicable law. In this
by the Paying Agent and Registrar in the event, the Bonds will be transferable in ac-
Book 147 Regular Session, April 3, 2017 135
cordance with this Section. ized and directed to prepare and furnish to
d. Notwithstanding any other provision the purchaser, and to the attorneys approv-
of the Resolution to the contrary, so long ing the legality of Bonds, certified copies of
as any Bond is registered in the name of proceedings, ordinances, resolutions and
Cede & Co., as nominee of DTC, all pay- records and all certificates and affidavits
ments with respect to the principal of and and other instruments as may be required
premium, if any, and interest on the Bond to evidence the legality and marketability of
and all notices must be made and given, the Bonds, and all certified copies, certifi-
respectively to DTC as provided in the cates, affidavits and other instruments
Representation letter. constitute representations of the Issuer as
e. In connection with any notice or oth- to the corredness of all stated or recited
er communication to be provided to Bond- facts.
holders by the Issuer or the Paying Agent Sedion 8. Registration of Bonds; Appoint-
and Registrar with respect to a consent or ment of Registrar; Transfer; Ownership; Deliv-
other action to be taken by Bondholders, ery; and Cancellation.
the Issuer or the Paying Agent and Regis- a. Registration. The ownership of
trar, as the case may be, shall establish a Bonds may be transferred only by the mak-
record date for the consent or other action ing of an entry upon the books kept for the
and give DTC notice of the record date not registration and transfer of ownership of
less than 15 calendar days in advance of the Bonds, and in no other way. Wells Far-
the record date to the extent possible. No- go Corporate Trust Services is hereby ap-
tice to DTC must be given only when DTC pointed as Bond Registrar under the terms
is the sole Bondholder. of this Resolution and under the provisions
f. The Representation Letter is on file of a separate agreement with the Issuer
with DTC and sets forth certain matters filed herewith which is made a part hereof
with respect to, among other things, notic- by this reference. Registrar shall maintain
es, consents and approvals by Bondhold- the books of the Issuer for the registration
ers and payments on the Bonds. The exe- of ownership of the Bonds for the payment
cution and delivery of the Representation of principal of and interest on the Bonds as
Letter to DTC by the Issuer is ratified and provided in this Resolution. All Bonds shall
confirmed. be negotiable as provided in Article 8 of the
g. In the event that a transfer or ex- Uniform Commercial Code and Section
change of the Bonds is permitted under 384.31 of the Code of lowa, subject to the
this Section, the transfer or exchange may provisions for registration and transfer con-
be accomplished upon receipt by the Reg- tained in the Bonds and in this Resolution.
istrar from the registered owners of the b. Transfer. The ownership of any Bond
Bonds to be transferred or exchanged and may be transferred only upon the Registra-
appropriate instruments of transfer. In the tion Books kept for the registration and
event Bond certificates are issued to hold- transfer of Bonds and only upon surrender
ers other than Cede & Co., its successor thereof at the office of the Registrar to-
as nominee for DTC as holder of all the gether with an assignment duly executed
Bonds, or other securities depository as by the holder or his duly authorized attor-
holder of all the Bonds, the provisions of ney in fact in such form as shall be satis-
the Resolution apply to, among other factory to the Registrar, along with the ad-
things, the printing of certificates and the dress and social security number or federal
method or payment of principal of and in- employer identification number of such
terest on the certificates. Any substitute transferee (or, if registration is to be made
depository shall be designated in writing by in the name of multiple individuals, of all
the Issuer to the Paying Agent. Any such such transferees). In the event that the ad-
substitute depository shall be a qualified dress of the registered owner of a Bond
and registered "clearing agency" as pro- (other than a registered owner which is the
vided in Section 17A of the Securities Ex- nominee of the broker or dealer in ques-
change Act of 1934, as amended. The tion) is that of a broker or dealer, there
substitute depository shall provide for (i) must be disclosed on the Registration
immobilization of the Depository Bonds, (ii) Books the information pertaining to the reg-
registration and transfer of interests in De- istered owner required above. Upon the
pository Bonds by book entries made on transfer of any such Bond, a new fully reg-
records of the depository or its nominee istered Bond, of any denomination or de-
and (iii) payment of principal of, premium, if nominations permitted by this Resolution in
any, and interest on the Bonds in accord- aggregate principal amount equal to the
ance with and as such interests may ap- unmatured and unredeemed principal
pearwith respectto such bookentries. amount of such transferred fully registered
h. The officers of the Issuer are author- Bond, and bearing interest at the same
Book 147 Regular Session, April 3, 2017 136
rate and maturing on the same date or Owners of such interest or Bonds of what-
dates shall be delivered by the Registrar. ever nature shall be made upon the Issuer.
c. Registration of Transferred Bonds. In g. Registration and Transfer Fees. The
all cases of the transfer of the Bonds, the Registrar may furnish to each owner, at the
Registrar shall register, at the earliest prac- Issuer's expense, one bond for each annu-
ticable time, on the Registration Books, the al maturity. The Registrar shall furnish ad-
Bonds, in accordance with the provisions ditional Bonds in lesser denominations (but
of this Resolution. not less than the minimum denomination)
d. Ownership. As to any Bond, the per- to an owner who so requests.
son in whose name the ownership of the Section 9. Reissuance of Mutilated, De-
same shall be registered on the Registra- stroyed, Stolen or Lost Bonds. In case any
tion Books of the Registrar shall be outstanding Bond shall become mutilated or
deemed and regarded as the absolute be destroyed, stolen or lost, the Issuer shall at
owner thereof for all purposes, and pay- the request of Registrar authenticate and de-
ment of or on account of the principal of liver a new Bond of like tenor and amount as
any such Bonds and the premium, if any, the Bond so mutilated, destroyed, stolen or
and interest thereon shall be made only to lost, in exchange and substitution for such
or upon the order of the registered owner mutilated Bond to Registrar, upon surrender of
thereof or his legal representative. All such such mutilated Bond, or in lieu of and substitu-
payments shall be valid and effectual to tion for the Bond destroyed, stolen or lost, up-
satisfy and discharge the liability upon on filing with the Registrar evidence satisfacto-
such Bond, including the interest thereon, ry to the Registrar and Issuer that such Bond
to the extent of the sum or sums so paid. has been destroyed, stolen or lost and proof of
e. Cancellation. All Bonds which have ownership thereof, and upon furnishing the
been redeemed shall not be reissued but Registrar and Issuer with satisfactory indemni-
shall be cancelled by the Registrar. All ty and complying with such other reasonable
Bonds which are cancelled by the Regis- regulations as the Issuer or its agent may pre-
trar shall be destroyed and a certificate of scribe and paying such expenses as the Issuer
the destruction thereof shall be furnished may incur in connection therewith.
promptly to the Issuer; provided that if the Section 10. Record Date. Payments of
Issuer shall so dired, the Registrar shall principal and interest, otherwise than upon full
forward the cancelled Bonds to the Issuer. redemption, made in respect of any Bond,
f. Non-Presentment of Bonds. In the shall be made to the registered holder thereof
event any payment check representing or to their designated agent as the same ap-
payment of principal of or interest on the pear on the books of the Registrar on the 15�n
Bonds is returned to the Paying Agent or if day of the month preceding the payment date.
any bond is not presented for payment of All such payments shall fully discharge the
principal at the maturity or redemption obligations of the Issuer in respect of such
date, if funds sufficient to pay such princi- Bonds to the extent of the payments so made.
pal of or interest on Bonds shall have been Upon receipt of the final payment of principal,
made available to the Paying Agent for the the holder of the Bond shall surrender the
benefit of the owner thereof, all liability of Bond to the Paying Agent.
the Issuer to the owner thereof for such in- Section 11. Execution, Authentication and
terest or payment of such Bonds shall Delivery of the Bonds. Upon the adoption of
forthwith cease, terminate and be com- this Resolution, the Mayor and Clerk shall ex-
pletely discharged, and thereupon it shall ecute the Bonds by their manual or authorized
be the duty of the Paying Agent to hold signature and deliver the Bonds to the Regis-
such funds, without liability for interest trar, who shall authenticate the Bonds and
thereon, for the benefit of the owner of deliver the same to or upon order of the Pur-
such Bonds who shall thereafter be re- chaser. No Bond shall be valid or obligatory for
stricted exclusively to such funds for any any purpose or shall be entitled to any right or
claim of whatever nature on his part under benefit hereunder unless the Registrar shall
this Resolution or on, or with respect to, duly endorse and execute on such Bond a
such interest or Bonds. The Paying AgenYs Certificate of Authentication substantially in the
obligation to hold such funds shall continue form of the Certificate herein set forth. Such
for a period equal to two years and six Certificate upon any Bond executed on behalf
months following the date on which such of the Issuer shall be conclusive evidence that
interest or principal became due, whether the Bond so authenticated has been duly is-
at maturity, or at the date fixed for redemp- sued under this Resolution and that the holder
tion thereof, or otherwise, at which time the thereof is entitled to the benefits of this Reso-
Paying Agent, shall surrender any remain- lution.
ing funds so held to the Issuer, whereupon No Bonds shall be authenticated and de-
any claim under this Resolution by the livered by the Registrar unless and until there
Book 147 Regular Session, April 3, 2017 137
shall have been provided the following: lution. The Finance Diredor is hereby direded
1. A certified copy of the Resolution to make and insert all calculations and deter-
of Issuer authorizing the issuance of minations necessary to complete the Tax Ex-
the Bonds; emption Certificate at issuance of the Bonds to
2. A written order of Issuer signed certify as to the reasonable expectations and
by the Treasurer of the Issuer directing covenants of the Issuer at that date.
the authentication and delivery of the Sedion 18. Continuing Disclosure. The Is-
Bonds to or upon the order of the Pur- suer hereby covenants and agrees that it will
chaser upon payment of the purchase comply with and carry out all of the provisions
price as set forth therein; of the Continuing Disclosure Certificate, and
3. The approving opinion of Ahlers the provisions of the Continuing Disclosure
& Cooney, P.C., Bond Counsel, con- Certificate are hereby incorporated by refer-
cerning the validity and legality of all ence as part of this Resolution and made a
the Bonds proposed to be issued. part hereof. Notwithstanding any other provi-
Section 12. Right to Name Substitute Pay- sion of this Resolution, failure of the Issuer to
ing Agent or Registrar. Issuer reserves the comply with the Continuing Disclosure Certifi-
right to name a substitute, successor Registrar cate shall not be considered an event of de-
or Paying Agent upon giving prompt written fault under this Resolution; however, any hold-
notice to each registered bondholder. er of the Bonds or Beneficial Owner may take
Section 13. Form of Bond. Bonds shall be such actions as may be necessary and appro-
printed substantially in the form as[provided]: priate, including seeking specific performance
Section 14. Closing Documents. The by court order, to cause the Issuer to comply
Mayor and City Clerk are authorized and di- with its obligations under the Continuing Dis-
rected to execute, attest, seal and deliver for closure Certificate. For purposes of this sec-
and on behalf of the City any other additional tion, "Beneficial Owner" means any person
certificates, documents, or other papers and which (a) has the power, directly or indirectly,
perform all other acts, including without limita- to vote or consent with respect to, or to dis-
tion the execution of all closing documents, as pose of ownership of, any Bond (including
they may deem necessary or appropriate in persons holding Bonds through nominees,
order to implement and carry out the intent and depositories or other intermediaries), or (b) is
purposes of this Resolution. treated as the owner of any Bonds for federal
Section 15. Contract Between Issuer and income tax purposes.
Purchaser. This Resolution constitutes a con- Sedion 19. Additional Covenants, Repre-
tract between said City and the purchaser of sentations and Warranties of the Issuer. The
the Bonds. Issuer certifies and covenants with the pur-
Section 16. Non-Arbitrage Covenants. The chasers and holders of the Bonds from time to
Issuer reasonably expects and covenants that time outstanding that the Issuer through its
no use will be made of the proceeds from the officers, (a) will make such further specific
issuance and sale of the Bonds issued here- covenants, representations and assurances as
under which will cause any of the Bonds to be may be necessary or advisable; (b) comply
classified as arbitrage bonds within the mean- with all representations, covenants and assur-
ing of Sections 148(a) and (b) of the Internal ances contained in the Tax Exemption Certifi-
Revenue Code of the United States, as cate, which Tax Exemption Certificate shall
amended, and that throughout the term of the constitute a part of the contract between the
Bonds it will comply with the requirements of Issuer and the owners of the Bonds;(c) consult
statutes and regulations issued thereunder. with Bond Counsel (as defined in the Tax Ex-
To the best knowiedge and belief of the Is- emption Certificate); (d) pay to the United
suer, there are no facts or circumstances that States, as necessary, such sums of money
would materially change the foregoing state- representing required rebates of excess arbi-
ments or the conclusion that it is not expected trage profits relating to the Bonds;(e) file such
that the proceeds of the Bonds will be used in forms, statements and supporting documents
a manner that wnuld cause the Bonds to be as may be required and in a timely manner;
arbitrage bonds. and (� if deemed necessary or advisable by its
Section 17. Approval of Tax Exemption officers, to employ and pay fiscal agents, fi-
Certificate. Attached hereto is a form of Tax nancial advisors, attorneys and other persons
Exemption Certificate stating the Issuer's rea- to assist the Issuer in such compliance.
sonable expedations as to the use of the pro-
ceeds of the Bonds. The form of Tax Exemp-
tion Certificate is approved. 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 Reso-
Book 147 Regular Session, April 3, 2017 138
Section 20. Amendment of Resolution to Corporate Trust Services of Minneapolis, Min-
Maintain Tax Exemption. This Resolution may nesota, is hereby approved and that the Mayor
be amended without the consent of any owner and Clerk are authorized to sign the Agree-
of the Bonds if, in the opinion of Bond Coun- ment on behalf of the City.
sel, such amendment is necessary to maintain Passed, approved and adopted this 3rd day
tax exemption with respect to the Bonds under of April 2017.
applicable Federal lawor regulations. Roy D Buol, Mayor
Sedion 21. Repeal of Conflicting Resolu- Attest: Kevin S. Firnstahl, City Clerk
tions or Ordinances. All ordinances and resolu-
tions and parts of ordinances and resolutions RESOLUTION NO. 123-17
in conflict herewith are hereby repealed. AUTHORIZING AND PROVIDING FOR THE
Sedion 22. Severability Clause. If any sec- ISSUANCE OF $2,120,000 TAXABLE GEN-
tion, paragraph, clause or provision of this ERAL OBLIGATION URBAN RENEWAL RE-
Resolution be held invalid, such invalidity shall FUNDING BONDS, SERIES 2017C, AND
not affect any of the remaining provisions LEVYING A TAX TO PAY SAID BONDS;
hereof, and this Resolution shall become ef- APPROVAL OF THE CONTINUING DIS-
fective immediately upon its passage and ap- CLOSURE CERTIFICATE
proval. Whereas, the Issuer is duly incorporated,
Passed, approved and adopted this 3rd day organized and exists under and by virtue of the
of April 2017. laws and Constitution of the State of lowa; and
Roy D Buol, Mayor Whereas, the Issuer is in need of funds to
Attest: Kevin S. Firnstahl, City Clerk pay costs of the settlement, adjustment, re-
newing, or extension of any part or all of the
RESOLUTION NO. 122-17 legal indebtedness of a city, whether evi-
APPOINTING WELLS FARGO CORPORATE denced by bonds, warrants, or judgments, or
TRUST SERVICES OF MINNEAPOLIS, MIN- the funding or refunding of the same, whether
NESOTA, TO SERVE AS PAYING AGENT, or not such indebtedness was created for a
BOND REGISTRAR, AND TRANSFER purpose for which general obligation bonds
AGENT, APPROVING THE PAYING AGENT might have been issued in the original in-
AND BOND REGISTRAR AND TRANSFER stance, including Taxable General Obligation
AGENT AGREEMENT AND AUTHORIZING Urban Renewal Bonds, Series 2010B, essen-
THE EXECUTION OF THE AGREEMENT tial corporate urban renewal purpose pro-
Whereas, $2,120,000 Tauable General Ob- ject(s), and it is deemed necessary and advis-
ligation Urban Renewal Refunding Bonds, able that the City issue Taxable General Obli-
Series 2017C, dated April 17, 2017, have been gation Urban Renewal Refunding Bonds, for
sold and action should now be taken to pro- such purpose(s) to the amount of not to ex-
vide for the maintenance of records, registra- ceed $2,200,000 as authorized by Sections
tion of certificates and payment of principal 384.25 and 403.12 of the Code of lowa; and
and interest in connedion with the issuance of Whereas, pursuant to notice published as
the Bonds; and required by Sections 384.25 and 403.12 this
Whereas, this Council has deemed that the Council has held a public meeting and hearing
services offered by Wells Fargo Corporate upon the proposal to institute proceedings for
Trust Services of Minneapolis, Minnesota, are the issuance of said Bonds, and all objedions,
necessary for compliance with rules, regula- if any, to such Council action made by any
tions, and requirements governing the registra- resident or property owner of the City were
tion, transfer and payment of registered bonds; received and considered by the Council; and
and no petition having been filed, it is the decision
Whereas, a Paying Agent, Bond Registrar of the Council that additional action be taken
and Transfer Agent Agreement (hereafter for the issuance of said Bonds for such pur-
"AgreemenY') has been prepared to be entered pose(s), and that such action is considered to
into between the City and Wells Fargo Corpo- be in the best interests of the City and the res-
rate Trust Services. idents thereof; and
NOW, THEREFORE, BE IT RESOLVED Whereas, pursuant to the provisions of
BY THE CITY COUNCIL OF THE CITY OF Chapter 75 of the Code of lowa, the above
DUBUQUE, STATE OF IOWA: mentioned Bonds were heretofore sold at pub-
1. That Wells Fargo Corporate Trust Ser- lic sale and action should now be taken to is-
vices of Minneapolis, Minnesota, is hereby sue said Bonds conforming to the terms and
appointed to serve as Paying Agent, Bond conditions of the best bid received at the ad-
Registrar and Transfer Agent in connection vertised public sale.
with the issuance of$2,120,000 Taxable Gen- NOW, THEREFORE, BE IT RESOLVED
eral Obligation Urban Renewal Refunding BY THE CITY COUNCIL OF THE CITY OF
Bonds, Series 2017C, dated April 17, 2017. DUBUQUE, STATE OF IOWA:
2. That the Agreement with Wells Fargo Section 1. Definitions. The following terms
Book 147 Regular Session, April 3, 2017 139
shall have the following meanings in this Reso- bonds, warrants, or judgments, or the fund-
lution unless the text expressly or by neces- ing or refunding of the same, whether or
sary implication requires otherwise: not such indebtedness was created for a
• "Authorized Denominations" shall purpose for which general obligation bonds
mean $5,000 or any integral multiple might have been issued in the original in-
thereof. stance, including Taxable General Obliga-
• "Beneficial Owner" shall mean, tion Urban Renewal Bonds, Series 2010B.
whenever used with respect to a Bond, the • "Project Fund"shall mean the fund in-
person in whose name such Bond is rec- to which a portion of the proceeds will be
orded as the beneficial owner of such Bond deposited and used, together with interest
by a Participant on the records of such earnings thereon, to pay the principal, in-
Participant or such person's subrogee. terest and redemption premium, if any, on
• "Blanket Issuer Letter of Representa- the Refunded Bonds.
tions"shall mean the Representation Letter • "Refunded Bonds" shall mean
from the Issuer to DTC, with respect to the $2,100,000 of the $2,675,000 Taxable
Bonds. General Obligation Urban Renewal Bonds,
• "Bond Fund" shall mean the fund Series 2010B, dated August 30, 2010.
created in Section 3 of this Resolution. • "Registrar" shall mean Wells Fargo
• "Bonds" shall mean $2,120,000 Tax- Corporate Trust Services of Minneapolis,
able General Obligation Urban Renewal Minnesota, or such successor as may be
Refunding Bonds, Series 2017C, author- approved by Issuer as provided herein and
ized to be issued by this Resolution. who shall carry out the duties prescribed
• "Cede&Co."shall mean Cede&Co., herein with respect to maintaining a regis-
the nominee of DTC, and any successor ter of the owners of the Bonds. Unless oth-
nominee of DTC with respect to the Bonds. erwise specified, the Registrar shall also
• "Continuing Disclosure Certificate" act as Transfer Agent for the Bonds.
shall mean that certain Continuing Disclo- • "Resolution" shall mean this resolu-
sure Certificate approved under the terms tion authorizing the Bonds.
of this Resolution and to be executed by • "Treasurer" shall mean the Finance
the Issuer and dated the date of issuance Director or such other officer as shall suc-
and delivery of the Bonds, as originally ex- ceed to the same duties and responsibili-
ecuted and as it may be amended from ties with respect to the recording and pay-
time to time in accordance with the terms ment of the Bonds issued hereunder.
thereof. Sedion 2. Levy and Certification of Annual
• "Depository Bonds " shall mean the Tax; Other Funds to be Used.
Bonds as issued in the form of one global a. Levy of Annual Tax. That for the
certificate for each maturity, registered in purpose of providing funds to pay the prin-
the Registration Books maintained by the cipal and interest of the Bonds hereinafter
Registrar in the name of DTC or its nomi- authorized to be issued, there is hereby
nee. levied for each future year the following di-
• "DTC" shall mean The Depository rect annual tax on all of the taxable proper-
Trust Company, New York, New York, ty in Dubuque, lowa to-wit:
which will act as security depository for the AMOUNT. FISCAL YEAR (JULY 1 TO
Bond pursuant to the Representation Let- JUNE 301 YEAR OF COLLECTION
ter. $189,296.72*, 2017/2018
• "Issuer" and "City" shall mean the $187,755.00, 2018/2019
City of Dubuque, State of lowa. $194,005.00, 2019/2020
• "Participants" shall mean those bro- $194,955.00, 2020/2021
ker-dealers, banks and other financial insti- $200,755.00, 2021/2022
tutions for which DTC holds Bonds as se- $201,255.00, 2022/2023
curities depository. $201,605.00, 2023/2024
• "Paying AgenY' shall mean Wells $206,805.00, 2024/2025
Fargo Corporate Trust Services, or such $211,705.00, 2025/2026
successor as may be approved by Issuer $211,215.00, 2026/2027
as provided herein and who shall carry out $210,387.50, 2027/2028
the duties prescribed herein as Issuer's $214,117.50, 2028/2029
agent to provide for the payment of princi- $222,417.50, 2029/2030
pal of and interest on the Bonds as the *Payable from the Debt Service Levy
same shall become due. on the Refunded Bonds.
• "ProjecY' shall mean the costs of the (NOTE: For example the levy to be
settlement, adjustment, renewing, or ex- made and certified against the taxable val-
tension of any part or all of the legal in- uations of January 1, 2016 will be collected
debtedness of a city,whether evidenced by during the fiscal year commencing July 1,
Book 147 Regular Session, April 3, 2017 140
2017.) ously secured in compliance with Chapter 12C
b. Resolution to be Filed With County of the Code of lowa, 2015, as amended, or
Auditor. A certified copy of this Resolution otherwise by a valid pledge of dired obliga-
shall be filed with the Auditor of Dubuque tions of the United States Government having
County, lowa and the Auditor is hereby in- an equivalent market value. All such interim
structed in and for each of the years as investments shall mature before the date on
provided, to levy and assess the tax here- which the moneys are required for payment of
by authorized in Sedion 2 of this Resolu- principal of or interest on the Bonds as herein
tion, in like manner as other taxes are lev- provided.
ied and assessed, and such taxes so lev- Sedion 6. Bond Details, 6cecution and
ied in and for each of the years aforesaid Redemption.
be collected in like manner as other taxes a. Bond Details. Taxable General Obli-
of the City are collected, and when collect- gation Urban Renewal Refunding Bonds of
ed be used for the purpose of paying prin- the City in the amount of $2,120,000, shall
cipal and interest on said Bonds issued in be issued pursuant to the provisions of
anticipation of the tax, and for no other Sedions 384.25 and 403.12 of the Code of
purpose whatsoever. lowa for the aforesaid purposes. The
c. Additional City Funds Available. Bonds shall be designated "TAXABLE
Principal and interest coming due at any GENERAL OBLIGATION URBAN RE-
time when the proceeds of said tax on NEWAL REFUNDING BOND, SERIES
hand shall be insufficient to pay the same 2017C", be dated April 17, 2017, and bear
shall be promptly paid when due from cur- interest from the date thereof, until pay-
rent funds of the City available for that pur- ment thereof, at the office of the Paying
pose and reimbursement shall be made Agent, said interest payable on December
from such special fund in the amounts thus 1, 2017, and semiannually thereafter on
advanced. the 1�� day of June and December in each
Section 3. Bond Fund. Said tax shall be year until maturity at the rates hereinafter
assessed and collected each year at the same provided.
time and in the same manner as, and in addi- The Bonds shall be executed by the
tion to, all other taxes in and for the City, and manual or facsimile signature of the Mayor
when collected they shall be converted into a and attested by the manual or facsimile
special fund within the Debt Service Fund to signature of the Clerk, and impressed or
be known as the "2017C GENERAL OBLIGA- printed with the seal of the City and shall
TION REFUNDING BOND FUND" (the "Bond be fully registered as to both principal and
Fund"), which is hereby pledged for and shall interest as provided in this Resolution;
be used only for the payment of the principal of principal, interest and premium, if any,
and interest on the Bonds hereinafter author- shall be payable at the office of the Paying
ized to be issued; and also there shall be ap- Agent by mailing of a check to the regis-
portioned to said fund its proportion of taxes tered owner of the Bond. The Bonds shall
received by the City from property that is cen- be in the denomination of $5,000 or multi-
trally assessed by the State of lowa. ples thereof. The Bonds shall mature and
Sedion 4. Application of Bond Proceeds. bear interest as follows:
Proceeds of the Bonds, other than accrued '�, Principal '�T Interest Rate ; Maturity June �'�,
interest except as may be provided below, Amount I 1�
------
shall be credited to the Project Fund and ex- '��_ $115,000__�__ 3,0 0 2018____�
ended therefrom for the ur oses of issu- -{ ��
p p p $125 000 '� 3 000% '� 2019
ance. Proceeds invested shall mature before F —� -+ —+——————————-{�
the date on which the mone s are re uired for $135,000__'� 3.000% '� 2020
r------ +----------+----------j
Y q $140,000__I 3.000% I 2021
payment of principal and interest on the Re- ��------- +------0---1-----------1
�_ 3.000/o ___ 2022
funded Bonds. Accrued interest, if any, shall 150,000
be deposited in the Bond Fund .-- _ _ 3.000% - 2024 �
�I $155,000__ ��+------o --- ---2023----
�I $160,000 �I 3.000% ; ��I
Section 5. Investment of Bond Fund Pro- ���__$170,000_�___3,000%___{___ _2025_____�
ceeds. All moneys held in the Bond Fund, pro- $180 000 � 3 O50% 2026
vided for by Section 3 of this Resolution shall ,F--- --+- o — + -- ----{
$185,000 3.150% 2027
be invested in investments permitted by Chap- �r------- —+------o---+-----------j
$190,000__I 3.300/o I 2028
ter 12B, Code of lowa, 2015, as amended, or �r------ +----------+-----------j
deposited in financial institutions which are ��_ 200 000 3.350% �___ 2029 �
members of the Federal Deposit Insurance L__$215,000__ ���__ _3,450%___�___ 2030_____�
Corporation and the deposits in which are in-
sured thereby and all such deposits exceeding
the maximum amount insured from time to
time by FDIC or its equivalent successor in
any one financial institution shall be continu-
Book 147 Regular Session, April 3, 2017 141
b. Redemption. wire transfer or New York Clearing House
i. Optional Redemption. Bonds ma- or equivalent next day funds to the account
turing after June 1, 2025, may be called of Cede & Co. on the interest payment
for optional redemption by the Issuer dateforthe Bonds atthe addressindicated
on that date or any date thereafter, or in the Representation Letter.
from any funds regardless of source, in b. The Bonds will be initially issued in
whole or from time to time in part, in the form of separate single authenticated
any order of maturity and within an an- fully registered bonds in the amount of
nual maturity by lot. The terms of re- each stated maturity of the Bonds. Upon
demption shall be par, plus accrued in- initial issuance, the ownership of the Bonds
terest to date of call. will be registered in the registry books kept
Thirty days' written notice of re- by the Paying Agent and Registrar in the
demption shall be given to the regis- name of Cede & Co., as nominee of DTC.
tered owner of the Bond. Failure to give The Paying Agent and Registrar and the
written notice to any registered owner Issuer may treat DTC (or its nominee) as
of the Bonds or any defed therein shall the sole and exclusive owner of the Bonds
not affect the validity of any proceed- registered in its name for the purposes of
ings for the redemption of the Bonds. payment of the principal or redemption
All Bonds or portions thereof called for price of or interest on the Bonds, selecting
redemption will cease to bear interest the Bonds or portions to be redeemed, giv-
after the specified redemption date, ing any notice permitted or required to be
provided funds for their redemption are given to registered owners of Bonds under
on deposit at the place of payment. the Resolution of the Issuer, registering the
Written notice will be deemed complet- transfer of Bonds, obtaining any consent or
ed upon transmission to the owner of other action to be taken by registered own-
record. ers of the Bonds and for other purposes.
If selection by lot within a maturity is The Paying Agent, Registrar and the Issuer
required, the Registrar shall designate have no responsibility or obligation to any
the Bonds to be redeemed by random Participant or Beneficial Owner of the
selection of the names of the registered Bonds under or through DTC with respect
owners of the entire annual maturity to the accuracy of records maintained by
until the total amount of Bonds to be DTC or any Participant; with respect to the
called has been reached. payment by DTC or Participant of an
If less than all of a maturity is called amount of principal or redemption price of
for redemption, the Issuer will notify or interest on the Bonds; with respect to
DTC of the particular amount of such any notice given to owners of Bonds under
maturity to be redeemed prior to ma- the Resolution; with respect to the Partici-
turity. DTC will determine by lot the pant(s) selected to receive payment in the
amount of each ParticipanYs interest in event of a partial redemption of the Bonds,
such maturity to be redeemed and or a consent given or other action taken by
each Participant will then select by lot DTC as registered owner of the Bonds.
the beneficial ownership interests in The Paying Agent and Registrar shall pay
such maturity to be redeemed. All pre- all principal of and premium, if any, and in-
payments shall be at a price of par plus terest on the Bonds only to Cede & Co. in
accrued interest. accordance with the Representation Letter,
Section 7. Issuance of Bonds in Book- and all payments are valid and effective to
Entry Form; Replacement Bonds. fully satisfy and discharge the Issuer's ob-
a. Notwithstanding the other provisions ligations with respect to the principal of and
of this Resolution regarding registration, premium, if any, and interest on the Bonds
ownership, transfer, payment and ex- to the extent of the sum paid. DTC must
change of the Bonds, unless the Issuer de- receive an authenticated Bond for each
termines to permit the exchange of Deposi- separate stated maturity evidencing the ob-
tory Bonds for Bonds in Authorized De- ligation of the Issuer to make payments of
nominations, the Bonds shall be issued as principal of and premium, if any, and inter-
Depository Bonds in denominations of the est. Upon delivery by DTC to the Paying
entire principal amount of each maturity of Agent and Registrar of written notice that
Bonds (or, if a portion of said principal DTC has determined to substitute a new
amount is prepaid, said principal amount nominee in place of Cede&Co., the Bonds
less the prepaid amount). The Bonds must will be transferable to the new nominee in
be registered in the name of Cede & Co., accordance with this Section.
as nominee for DTC. Payment of semian- c. In the event the Issuer determines
nual interest for any Bonds registered in that it is in the best interest of the Benefi-
the name of Cede & Co. will be made by cial Owners that they be able to obtain
Book 147 Regular Session, April 3, 2017 142
Bonds certificates, the Issuer may notify vided in Section 17A of the Securities Ex-
DTC and the Paying Agent and Registrar, change Act of 1934, as amended. The
whereupon DTC will notify the Participants, substitute depository shall provide for (i)
of the availability through DTC of Bonds immobilization of the Depository Bonds, (ii)
certificates. The Bonds will be transferable registration and transfer of interests in De-
in accordance with this Section. DTC may pository Bonds by book entries made on
determine to discontinue providing its ser- records of the depository or its nominee
vices with respect to the Bonds at any time and (iii) payment of principal of, premium, if
by giving notice to the Issuer and the Pay- any, and interest on the Bonds in accord-
ing Agent and Registrar and discharging its ance with and as such interests may ap-
responsibilities under applicable law. In this pear with respect to such book entries.
event, the Bonds will be transferable in ac- h. The officers of the Issuer are author-
cordance with this Section. ized and directed to prepare and furnish to
d. Notwithstanding any other provision the purchaser, and to the attorneys approv-
of the Resolution to the contrary, so long ing the legality of Bonds, certified copies of
as any Bond is registered in the name of proceedings, ordinances, resolutions and
Cede & Co., as nominee of DTC, all pay- records and all certificates and affidavits
ments with respect to the principal of and and other instruments as may be required
premium, if any, and interest on the Bond to evidence the legality and marketability of
and all notices must be made and given, the Bonds, and all certified copies, certifi-
respectively to DTC as provided in the cates, affidavits and other instruments
Representation letter. constitute representations of the Issuer as
e. In connection with any notice or oth- to the corredness of all stated or recited
er communication to be provided to Bond- facts.
holders by the Issuer or the Paying Agent Sedion 8. Registration of Bonds; Appoint-
and Registrar with respect to a consent or ment of Registrar; Transfer; Ownership; Deliv-
other action to be taken by Bondholders, ery; and Cancellation.
the Issuer or the Paying Agent and Regis- a. Registration. The ownership of
trar, as the case may be, shall establish a Bonds may be transferred only by the mak-
record date for the consent or other adion ing of an entry upon the books kept for the
and give DTC notice of the record date not registration and transfer of ownership of
less than 15 calendar days in advance of the Bonds, and in no other way. Wells Far-
the record date to the extent possible. No- go Corporate Trust Services is hereby ap-
tice to DTC must be given only when DTC pointed as Bond Registrar under the terms
is the sole Bondholder. of this Resolution and under the provisions
f. The Representation Letter is on file of a separate agreement with the Issuer
with DTC and sets forth certain matters filed herewith which is made a part hereof
with respect to, among other things, notic- by this reference. Registrar shall maintain
es, consents and approvals by Bondhold- the books of the Issuer for the registration
ers and payments on the Bonds. The exe- of ownership of the Bonds for the payment
cution and delivery of the Representation of principal of and interest on the Bonds as
Letter to DTC by the Issuer is ratified and provided in this Resolution. All Bonds shall
confirmed. be negotiable as provided in Article 8 of the
g. In the event that a transfer or ex- Uniform Commercial Code and Section
change of the Bonds is permitted under 384.31 of the Code of lowa, subject to the
this Section, the transfer or exchange may provisions for registration and transfer con-
be accomplished upon receipt by the Reg- tained in the Bonds and in this Resolution.
istrar from the registered owners of the b. Transfer. The ownership of any Bond
Bonds to be transferred or exchanged and may be transferred only upon the Registra-
appropriate instruments of transfer. In the tion Books kept for the registration and
event Bond certificates are issued to hold- transfer of Bonds and only upon surrender
ers other than Cede & Co., its successor thereof at the office of the Registrar to-
as nominee for DTC as holder of all the gether with an assignment duly executed
Bonds, or other securities depository as by the holder or his duly authorized attor-
holder of all the Bonds, the provisions of ney in fact in such form as shall be satis-
the Resolution apply to, among other factory to the Registrar, along with the ad-
things, the printing of certificates and the dress and social security number or federal
method or payment of principal of and in- employer identification number of such
terest on the certificates. Any substitute transferee (or, if registration is to be made
depository shall be designated in writing by in the name of multiple individuals, of all
the Issuer to the Paying Agent. Any such such transferees). In the event that the ad-
substitute depository shall be a qualified dress of the registered owner of a Bond
and registered "clearing agency" as pro- (other than a registered owner which is the
Book 147 Regular Session, April 3, 2017 143
nominee of the broker or dealer in ques- claim of whatever nature on his part under
tion) is that of a broker or dealer, there this Resolution or on, or with resped to,
must be disclosed on the Registration such interest or Bonds. The Paying AgenYs
Books the information pertaining to the reg- obligation to hold such funds shall continue
istered owner required above. Upon the for a period equal to two years and six
transfer of any such Bond, a new fully reg- months following the date on which such
istered Bond, of any denomination or de- interest or principal became due, whether
nominations permitted by this Resolution in at maturity, or at the date fixed for redemp-
aggregate principal amount equal to the tion thereof, or otherwise, at which time the
unmatured and unredeemed principal Paying Agent, shall surrender any remain-
amount of such transferred fully registered ing funds so held to the Issuer, whereupon
Bond, and bearing interest at the same any claim under this Resolution by the
rate and maturing on the same date or Owners of such interest or Bonds of what-
dates shall be delivered by the Registrar. ever nature shall be made upon the Issuer.
c. Registration of Transferred Bonds. In g. Registration and Transfer Fees. The
all cases of the transfer of the Bonds, the Registrar may furnish to each owner, at the
Registrar shall register, at the earliest prac- Issuer's expense, one bond for each annu-
ticable time, on the Registration Books, the al maturity. The Registrar shall furnish ad-
Bonds, in accordance with the provisions ditional Bonds in lesser denominations (but
of this Resolution. not less than the minimum denomination)
d. Ownership. As to any Bond, the per- to an owner who so requests.
son in whose name the ownership of the Section 9. Reissuance of Mutilated, De-
same shall be registered on the Registra- stroyed, Stolen or Lost Bonds. In case any
tion Books of the Registrar shall be outstanding Bond shall become mutilated or
deemed and regarded as the absolute be destroyed, stolen or lost, the Issuer shall at
owner thereof for all purposes, and pay- the request of Registrar authenticate and de-
ment of or on account of the principal of liver a new Bond of like tenor and amount as
any such Bonds and the premium, if any, the Bond so mutilated, destroyed, stolen or
and interest thereon shall be made only to lost, in exchange and substitution for such
or upon the order of the registered owner mutilated Bond to Registrar, upon surrender of
thereof or his legal representative. All such such mutilated Bond, or in lieu of and substitu-
payments shall be valid and effectual to tion for the Bond destroyed, stolen or lost, up-
satisfy and discharge the liability upon on filing with the Registrar evidence satisfacto-
such Bond, including the interest thereon, ry to the Registrar and Issuer that such Bond
to the extent of the sum or sums so paid. has been destroyed, stolen or lost and proof of
e. Cancellation. All Bonds which have ownership thereof, and upon furnishing the
been redeemed shall not be reissued but Registrar and Issuer with satisfactory indemni-
shall be cancelled by the Registrar. All ty and complying with such other reasonable
Bonds which are cancelled by the Regis- regulations as the Issuer or its agent may pre-
trar shall be destroyed and a certificate of scribe and paying such expenses as the Issuer
the destruction thereof shall be furnished may incur in connection therewith.
promptly to the Issuer; provided that if the Section 10. Record Date. Payments of
Issuer shall so dired, the Registrar shall principal and interest, otherwise than upon full
forward the cancelled Bonds to the Issuer. redemption, made in respect of any Bond,
f. Non-Presentment of Bonds. In the shall be made to the registered holder thereof
event any payment check representing or to their designated agent as the same ap-
payment of principal of or interest on the pear on the books of the Registrar on the 15�n
Bonds is returned to the Paying Agent or if day of the month preceding the payment date.
any bond is not presented for payment of All such payments shall fully discharge the
principal at the maturity or redemption obligations of the Issuer in respect of such
date, if funds sufficient to pay such princi- Bonds to the extent of the payments so made.
pal of or interest on Bonds shall have been Upon receipt of the final payment of principal,
made available to the Paying Agent for the the holder of the Bond shall surrender the
benefit of the owner thereof, all liability of Bond to the Paying Agent.
the Issuer to the owner thereof for such in- Section 11. Execution, Authentication and
terest or payment of such Bonds shall Delivery of the Bonds. Upon the adoption of
forthwith cease, terminate and be com- this Resolution, the Mayor and Clerk shall ex-
pletely discharged, and thereupon it shall ecute the Bonds by their manual or authorized
be the duty of the Paying Agent to hold signature and deliver the Bonds to the Regis-
such funds, without liability for interest trar, who shall authenticate the Bonds and
thereon, for the benefit of the owner of deliver the same to or upon order of the Pur-
such Bonds who shall thereafter be re- chaser. No Bond shall be valid or obligatory for
stricted exclusively to such funds for any any purpose or shall be entitled to any right or
Book 147 Regular Session, April 3, 2017 144
benefit hereunder unless the Registrar shall closure Certificate. For purposes of this sec-
duly endorse and execute on such Bond a tion, "Beneficial Owner" means any person
Certificate of Authentication substantially in the which (a) has the power, directly or indirectly,
form of the Certificate herein set forth. Such to vote or consent with respect to, or to dis-
Certificate upon any Bond executed on behalf pose of ownership of, any Bond (including
of the Issuer shall be conclusive evidence that persons holding Bonds through nominees,
the Bond so authenticated has been duly is- depositories or other intermediaries), or (b) is
sued under this Resolution and that the holder treated as the owner of any Bonds for federal
thereof is entitled to the benefits of this Reso- income tax purposes.
lution. Sedion 17. Repeal of Conflicting Resolu-
No Bonds shall be authenticated and de- tions or Ordinances. All ordinances and resolu-
livered by the Registrar unless and until there tions and parts of ordinances and resolutions
shall have been provided the following: in conflict herewith are hereby repealed.
1. A certified copy of the Resolution of Is- Sedion 18. Severability Clause. If any sec-
suer authorizing the issuance of the Bonds; tion, paragraph, clause or provision of this
2. A written order of Issuer signed by the Resolution be held invalid, such invalidity shall
Treasurer of the Issuer directing the au- not affect any of the remaining provisions
thentication and delivery of the Bonds to or hereof, and this Resolution shall become ef-
upon the order of the Purchaser upon fective immediately upon its passage and ap-
payment of the purchase price as set forth proval.
therein; Passed, approved and adopted this 3rd day
3. The approving opinion of Ahlers & of April 2017.
Cooney, P.C., Bond Counsel, concerning Roy D Buol, Mayor
the validity and legality of all the Bonds Attest: Kevin S. Firnstahl, City Clerk
proposed to be issued.
Section 12. Right to Name Substitute Pay- 13. Request to Initiate PUD Rezoning of
ing Agent or Registrar. Issuer reserves the Chaplain Schmitt Island: City Manager rec-
right to name a substitute, successor Registrar ommending approval to initiate the application
or Paying Agent upon giving prompt written process for a PUD Planned Unit Development
notice to each registered bondholder. rezoning of Chaplain Schmitt Island consistent
Section 13. Form of Bond. Bonds shall be with the 2014 Master Plan. Upon motion the
printed substantially in the form as[provided]: documents were received, filed and approved.
Section 14. Closing Documents. The
Mayor and City Clerk are authorized and di- 14. Contract Assignment from Selser
rected to execute, attest, seal and deliver for Schaeffer Architects to 563 Design LLC: City
and on behalf of the City any other additional Manager recommending assignment of the
certificates, documents, or other papers and contract from Selser Schaeffer Architects to
perform all other acts, including without limita- 563 Design, LLC which allows the City to con-
tion the execution of all closing documents, as tinue wnrking with 563 Design LLC to conclude
they may deem necessary or appropriate in four project contracts. Upon motion the docu-
order to implement and carry out the intent and ments were received, filed and approved.
purposes of this Resolution.
Section 15. Contract Between Issuer and 15. Hodge Companies Assignment of Real
Purchaser. This Resolution constitutes a con- Estate Lease and Agreement: City Manager
tract between said City and the purchaser of recommending approval of the Assignment of
the Bonds. Real Estate Lease and Agreement between
Section 16. Continuing Disclosure. The Is- Hodge Company and Dubuque Bank and
suer hereby covenants and agrees that it will Trust Company. Upon motion the documents
comply with and carry out all of the provisions were received, filed and approved.
of the Continuing Disclosure Certificate, and
the provisions of the Continuing Disclosure 16. Design and Resiliency Team (DART)
Certificate are hereby incorporated by refer- Technical Assistance Application: City Manag-
ence as part of this Resolution and made a er recommending approval for the City of
part hereof. Notwithstanding any other provi- Dubuque to apply for a Design & Resiliency
sion of this Resolution, failure of the Issuer to Team technical assistance project and for Sus-
comply with the Continuing Disclosure Certifi- tainable Community Coordinator Cori Burbach
cate shall not be considered an event of de- to serve on a technical assistance team. Upon
fault under this Resolution; however, any hold- motion the documents were received, filed and
er of the Bonds or Beneficial Owner may take approved.
such actions as may be necessary and appro- 17. Community Development Block Grant
priate, including seeking specific performance (CDBG) Fiscal Year 2017 Amendment 2: City
by court order, to cause the Issuer to comply Manager recommending approval of the Fiscal
with its obligations under the Continuing Dis- Year 2017 Annual Action Plan Amendment 2
Book 147 Regular Session, April 3, 2017 145
for the Community Development Block Grant tion Plat of City Lot 386A in the City of Dubu-
(CDBG program. Upon motion the documents que, lowa was adopted.
were received and filed and Resolution No.
124-17 Approving Fiscal Year 2017 (Program RESOLUTION NO. 125-17
Year 2016) Annual Action Plan Amendment 2 APPROVING THE ACQUISITION PLAT OF
for Community Development Block Grant CITY LOT 386A, IN THE CITY OF DUBU-
(CDBG) funds was adopted. QUE, IOWA
Whereas, there has been presented to the
RESOLUTION NO. 124-17 City Council of the City of Dubuque, lowa an
APPROVING FISCAL YEAR 2017 (PRO- Acquisition Plat dated March 10, 2017 pre-
GRAM YEAR 2016)ANNUAL ACTION PLAN pared by Buesing and Associates, Inc. de-
AMENDMENT 2 FOR COMMUNITY DEVEL- scribing City Lot 386A, in the City of Dubuque,
OPMENT BLOCK GRANT(CDBG) FUNDS lowa; and
Whereas, the City of Dubuque prepared Whereas, said plat conforms to the laws
and filed an Annual Action Plan for Fiscal and statutes pertaining thereto; and
Years 2017 as amended; and Whereas, upon said plat appears City Lot
Whereas, the City of Dubuque now desires 386A, which SR Jackson Real Estate LLC, by
to amend said Annual Plan by reallocating said plat has dedicated to the public forever.
funds between existing activities; and NOW THEREFORE, BE IT RESOLVED
Whereas, said amendment is a non- BY THE CITY COUNCIL OF THE CITY OF
substantial amendment as provided in the DUBUQUE, IOWA:
City's Citizen Participation Plan and therefore Sedion 1. That the plat dated March 10,
must be approved by resolution of the City 2017 prepared by Buesing and Associates,
Council after recommendation by the Commu- Inc., relative to the real estate hereinabove
nity Development Advisory Commission; and described be and the same is hereby ap-
Whereas, the Community Development proved, and the Mayor and City Clerk be and
Advisory Commission reviewed said amend- they are hereby authorized and directed to
ment during a public meeting on March 21, execute said plat and on behalf of the City of
2017 and voted to approve said amendment Dubuque, lowa.
and recommend approval by the City Council. Section 2. That the dedication of City Lot
NOW THEREFORE, BE IT RESOLVED 386A, in the City of Dubuque, lowa for Right of
BY THE CITY COUNCIL OF THE CITY OF Way purposes, as it appears on said Acquisi-
DUBUQUE, IOWA: tion Plat, be and the same are hereby accept-
Sedion 1. That the Annual Action Plan as ed.
amended for 2017 are hereby rescinded and Section 3. That the City Clerk be and is
the balance of funds from this plan is incorpo- hereby authorized and directed to file said plat
rated into a Fiscal Year 2017 (Program Year and certified copy of this resolution in the office
2016) Annual Action Plan — Amendment 2, of the Recorder, in and for Dubuque County,
attached hereto as Exhibit A. lowa.
Sedion 2. That said Fiscal Year 2017 Passed, approved and adopted this 3rd day
(Program Year 2016) Annual Action Plan of April, 2017.
Amendment 2 attached hereto as 6chibit A is Roy D. Buol, Mayor
hereby approved. Attest: Kevin S. Firnstahl, City Clerk
Sedion 4. That the City Manager is hereby
authorized and directed to submit a copy of 19. Marquette Hall Resolution of Support:
this resolution and amendment to the U.S. City Manager recommending approval of a
Department of Housing and Urban Develop- Resolution in support of a Workforce Housing
ment. Tax Incentive Program application to be sub-
Passed, approved and adopted this 3rd day mitted to the lowa Economic Development
of April 2017. Authority (IEDA) by Cohen Esrey for Mar-
Roy D. Buol, Mayor quette Hall project. Upon motion the docu-
Attest: Kevin S. Firnstahl, City Clerk ments were received and filed and Resolution
No. 126-17 Resolution in Support of a Work-
18. Jackson Street Right-of-Way Acquisi- force Housing Tax Incentive Program applica-
tion Plat and Dedication: City Manager rec- tion to be submitted to the lowa Economic
ommending approval of the Acquisition Plat of Development Authority(IEDA) by Cohen Esrey
City Lot 386A, in the City of Dubuque, and for Marquette Hall Project was adopted.
acceptance of the dedication of said lot for
right-of-way purposes related to the SR Jack-
son Real Estate, LLC Warehouse Renovation
Project at 1065 Jackson Street. Upon motion
the documents were received and filed and
Resolution No. 125-17 Approving the Acquisi-
Book 147 Regular Session, April 3, 2017 146
RESOLUTION NO. 126-17 23. Tobacco Compliance—Civil Penalty for
IN SUPPORT OF A WORKFORCE HOUSING Tobacco License Holder - BP Station: City
TAX INCENTIVE PROGRAM APPLICATION Manager recommending approval of the
TO BE SUBMITTED TO THE IOWA ECO- AcknowledgemenUSettlement Agreement for a
NOMIC DEVELOPMENT AUTHORITY(IEDA) tobacco compliance violation for BP Station,
BY COHEN ESREY FOR MARQUETTE 1450 Loras Blvd. Upon motion the documents
HALL PROJECT were received, filed and approved.
Whereas, the City of Dubuque has strongly
supported the redevelopment of the historic 24. Alcohol License Applications: City
building at 2222 Queen Street by Cohen-Esrey Manager recommending approval of annual
Development Group (Marquette Hall LLC) beer, liquor and wine licenses as submitted.
through numerous funding sources including Upon motion the documents were received
$179,000 in Urban Revitalization Tax Exemp- and filed and Resolution No. 127-17 Approving
tion (URT� and $65,000 in cash toward the applications for beer, liquor, and/or wine per-
project; and mits, as required by City of Dubuque Code of
Whereas Cohen-Esrey Development Ordinances Title 4 Business and License Reg-
Group (Marquette Hall LLC) has received a ulations, Chapter 2 Liquor Control, Article B
Low-Income Housing Tax Credit (LIHTC) Liquor, Beer and Wine Licenses and Permits
Award of $381,237 from the lowa Finance wasadopted.
Authority on March 30, 2017; and
Whereas these funds will be used to de- RESOLUTION NO. 127-17
velop 28 apartments, 25 of which are afforda- APPROVING APPLICATIONS FOR BEER,
ble units for seniors age 55+. LIQUOR, AND/OR WINE PERMITS, AS RE-
NOW, THEREFORE, BE IT RESOLVED QUIRED BY CITY OF DUBUQUE CODE OF
BY THE CITY COUNCIL OF THE CITY OF ORDINANCES TITLE 4 BUSINESS AND LI-
DUBUQUE, IOWA: CENSE REGULATIONS, CHAPTER 2 LIQ-
That the City of Dubuque supports Cohen- UOR CONTROL, ARTICLE B LIQUOR,
Esrey Development Group's (Marquette Hall BEER AND WINE LICENSES AND PERMITS
LLC) application to the lowa Economic Devel- Whereas, applications for Beer, Liquor,
opment Authority (IEDA), specifically to the and or Wine Permits have been submitted and
Workforce Housing Tax Incentive Program, to filed with the City Council for approval and the
secure Workforce Housing Tau Credits. same have been examined and approved; and
Passed, approved and adopted this 3rd day Whereas, the premises to be occupied by
of April, 2017. such applicants were inspected and found to
Roy D. Buol, Mayor comply with the Ordinances of the City and the
Attest: Kevin S. Firnstahl, City Clerk applicants have filed the proper fees and
bonds and otherwise complied with the re-
20. lowa Economic Development Authority quirements of the Code of Ordinances.
Contact - Amendment No. 9: Correspondence NOW, THEREFORE, BE IT RESOLVED
from the lowa Economic Development Authori- BY THE CITY COUNCIL OF THE CITY OF
ty (IEDA) submitting Amendment No. 9 that DUBUQUE, IOWA:
confirms completion of the contracts for Ca- Section 1. The City Clerk is hereby author-
radco Building and Linseed Oil / Painhnrorks ized and direded to cause to be issued the
Building projects. Upon motion the documents noted permit types to the following applicants
were received and filed. pending submission of the locally required
documentation:
21. Signed Contrads: Dubuque Jaycees Renewals
Lease for Veterans' Memorial Park Community Bunker Hill Golf Course, 2200 Bunker Hill Rd.,
Garden; Dubuque Water Sports Club Lease Class C Liquor(Outdoor) (Sunday)
for a section of Chaplain Schmitt Island. Upon Clarke University, 1550 Clarke Dr., Class C
motion the documents were received and filed. Liquor(Catering) (Outdoor) (Sunday)
Dubuque Arboretum Association, Inc., 3800
22. Alcohol Compliance Civil Penalty for Arboretum Dr., Class B Native Wine (Sun-
Alcohol License Holder - BP Station: City day)
Manager recommending approval of the Ac- Fareway Stores#114, 2050 J. F. Kennedy
knowledgmenUSettlement Agreement for an Rd., Class E Liquor, Class B Wine, Class C
alcohol compliance violation for BP Station, Beer
1540 Loras Blvd. Upon motion the documents Hartig Drug Co., 2255 J. F. Kennedy Rd.,
were received, filed and approved. Class E Liquor, Class B Wine, Class C Beer
(Sunday)
Joliet Building Corp., 781 Locust St., Class C
Liquor(Outdoor) (Sunday)
Book 147 Regular Session, April 3, 2017 147
Kwik Stop 16�°Street#325, 1210 E. 16�°St., eliminate low ridership routes provides cost
Class E Liquor, Class B Native Wine, Class savings that can be utilized to increase week-
C Beer(Sunday) day evening service hours; and
Lina's Thai Bistro, 2055 Holliday Dr. #200, Whereas, the following changes to fixed-
Class C Liquor, Class B Wine (Sunday) route service are proposed:
Lot One, LLC, 100 Main St., Class C Liquor 1. The Monday through Saturday Key
(Outdoor) (Sunday) West fixed-route service will be eliminated.
Neighbor's Tap, 1899 Rockdale Rd., Class C 2. The Monday through Saturday
Liquor Fremont fixed-route service will be elimi-
Noonan's Tap, 1618 Central Ave., Class C nated.
Liquor(Sunday) 3. No Saturday service along Windsor
Panchero's Mexican Grill, 4840 Asbury Rd., Ave. from Davis Street to Mount Saint
Class B Beer(Outdoor) (Sunday) Francis.
Ron's Five Point Mart, 405 Rhomberg Ave., 4. No Saturday Service along Hillcrest
Class C Beer (Sunday) Rd between Asbury Rd. and JFK Rd.
Addina A Privileae 5. No Saturday service along JFK be-
Smoke Stack, 62 East 7t°St., Adding Outdoor tween Asbury Rd. and Sunset Park Circle
Service 6. No Saturday service along Jackson
Special Event St. between 22od and 32°d Streets. Service
Music and More Promotions 5-26 Kick off to is available on Central Ave between 22od
Summer, Town Clock Plaza, Class B Beer and 32od Streets.
(Outdoor) 7. Saturday service along Jackson St.
Passed, approved and adopted this 3rd day and Central Ave. will be reduced to once
of April, 2017. per hour.
Roy D. Buol, Mayor 8. No Saturday service to current Yel-
Attest: Kevin S. Firnstahl, City Clerk low Line stops including Dubuque Industri-
al Center West and Medical Associates
ITEMS SET FOR PUBLIC HEARING West.
If approved, the proposed fixed-route
Motion by Lynch to receive and file the changes will take effect on August 14, 2017 in
documents, adopt the resolutions, set the pub- conjunction with the increased evening service
lic hearings as indicated, and dired the City hours.
Clerk to publish notice as prescribed by law. NOW THEREFORE, BE IT RESOLVED
Seconded by Resnick. Motion carried 7-0. BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. Proposed Jule Transit Service Reduc- Section 1: A public hearing will be held as
tions and Changes: City Manager recommend- part of the City Council Meeting on April 17,
ing that the City Council set a public hearing 2017. The meeting will begin at 6:00 p.m. and
for April 17, 2017 to consider approval of se- will be held in the City Council Chambers of
leded redudions and changes to the Jule the Historic Federal Building, 350 W 6t° Street,
Transit fixed-route service and schedules. Up- Dubuque, lowa. The purpose of the hearing is
on motion the documents were received and to allow public comment on the Saturday fixed-
filed and Resolution No. 128-17 Setting the route service reductions listed above.
date for a public hearing on Transit Fixed- Section 2: Interested persons may com-
Route Service Reductions was adopted setting ment on the proposed fare increase either in
a public hearing for a meeting to commence at writing by filing with the City Clerk prior to the
6:00 p.m. on April 17, 2017 in the Historic time of the public hearing or in person at the
Federal Building. public hearing. Any comments submitted will
be considered by the City Council and follow-
RESOLUTION NO. 128-17 ing the public hearing, the City Council will act
SETTING THE DATE FOR A PUBLIC HEAR- to adopt or reject the proposed fare increase.
ING ON TRANSIT FIXED-ROUTE SERVICE Passed, approved and adopted this 3rd day
REDUCTIONS of April, 2017.
Whereas, the City of Dubuque provides Roy D. Buol, Mayor
fixed-route and paratransit services for the Attest: Kevin S. Firnstahl, City Clerk
citizens of Dubuque; and
Whereas, the ridership on Saturday routes 2. Bee Branch Creek Restoration Project -
has been found to be lower than weekdays Floating Island Project Initiation: City Manager
with opportunity for route combination; and recommending approval of the proposed
Whereas, the ridership on the Key West plans, specifications, form of contract and con-
and Fremont routes continue to be the lowest struction estimate for the Lower Bee Branch
of all weekday service routes; and Creek Floating Island Project in the 16�° Street
Whereas, the opportunity to combine or Detention Basin. It is further recommended
Book 147 Regular Session, April 3, 2017 148
that a public hearing be set for April 17, 2017. wvw�.citvofdubuque.orq/bids and which notice
Upon motion the documents were received shall be published not less than thirteen but
and filed and Resolution No. 129-17 Prelimi- not more than forty-five days before the date
nary approval of plans, specifications, form of for filing bids before 2:00 p.m. on the 20t° day
contract, and estimated cost; setting date of of April, 2017. Bids shall be opened and read
public hearing on plans, specifications, form of by the City Clerk at said time and will be sub-
contract, and estimated cost; and ordering the mitted to the City Council for final action at
advertisement for bids was adopted setting a 6:00 p.m. on the 1�� day of May, 2016, in the
public hearing for a meeting to commence at Historic Federal Building Council Chambers
6:00 p.m. on April 17, 2017 in the Historic (second floor), 350 West 6t° Street, Dubuque,
Federal Building. lowa.
Passed, adopted and approved this 3rd day
RESOLUTION NO. 129-17 of April, 2017.
LOWER BEE BRANCH CREEK FLOATING Roy D. Buol, Mayor
ISLAND PROJECT PRELIMINARY AP- Attest: Kevin S. Firnstahl, City Clerk
PROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED 3. State Revolving Fund (SRF) Loan Envi-
COST; SETTING DATE OF PUBLIC HEAR- ronmental Review for Westside Water System
ING ON PLANS, SPECIFICATIONS, FORM Improvements Project: City Manager recom-
OF CONTRACT, AND ESTIMATED COST; mending that the City Council schedule a pub-
AND ORDERING THE ADVERTISEMENT lic hearing for April 17, 2017, to discuss the
FOR BIDS results of the environmental review as provid-
NOW THEREFORE, BE IT RESOLVED ed by the State Revolving Fund's Department
BY THE CITY COUNCIL OF THE CITY OF of Natural Resources for the Westside Water
DUBUQUE, IOWA: System Improvements Project. Upon motion
The proposed plans, specifications, form of the documents were received and filed and
contract and estimated cost for the Lower Bee Resolution No. 130-17 Approval of an Envi-
Branch Creek Floating Island Project in the ronmental Review as provided by SRF's De-
estimated amount of $182,900.00 are hereby partment of Natural Resources for the
preliminarily approved and ordered filed in the Westside Water System Improvements Project
office of the City Clerk for public inspection. and ordering the advertisement for public no-
A public hearing will be held on the 17t° tice was adopted setting a public hearing for a
day of April, 2017, at 6:00 p.m. in the Historic meeting to commence at 6:00 p.m. on April,
Federal Building Council Chambers (second 17, 2017 in the Historic Federal Building.
floor) 350 W. 6�° Street, Dubuque, lowa at
which time interested persons may appear and RESOLUTION NO. 130-17
be heard for or against the proposed plans and STATE REVOLVING FUND (SRF) LOAN -
specifications, form of contract and estimated ENVIRONMENTAL REVIEW WESTSIDE
cost of said Projed, and the City Clerk be and WATER SYSTEM IMPROVEMENTS (ENG-
is hereby direded to cause the attached notice LISH MILL PUMP STATION AND WATER
of the time and place of such hearing to be MAIN EXTENSION) PRELIMINARY AP-
published in a newspaper having general cir- PROVAL OF AN ENVIRONMENTAL REVIEW
culation in the City of Dubuque, lowa which AS PROVIDED BY SRF'S DEPARTMENT OF
notice shall be published not less than four NATURAL RESOURCES FOR THE
days nor more than twenty days prior to the WESTSIDE WATER SYSTEM IMPROVE-
date of such hearing. At the hearing, any inter- MENTS PROJECT AND ORDERING THE
ested person may appear and file objections to ADVERTISEMENT FOR PUBLIC NOTICE
the proposed plans, specifications, form of Whereas, In December 2016, the City of
contract, or estimated cost of the Project. Dubuque purchased the Vernon Water Tower,
The Lower Bee Branch Creek Floating Is- Vernon water system and the Barrington
land Project is hereby ordered to be advertised Lakes water system from Central lowa Water
for bids for construction. Association (CIWA); and
The amount of the security to accompany Whereas, intent of the City's purchase was
each bid shall be in an amount which shall to assist these communities in becoming com-
conform to the provisions of the Notice to Bid- pliant with lowa Department of Natural Re-
ders hereby approved. sources (IDNR) standards and provide the
The City Clerk is hereby direded to adver- necessary back-up water supply and fire sup-
tise for bids for the construction of the im- pression by connecting them directly to the
provements herein provided, by publishing the City's water supply; and
attached Notice to Bidders to be published in Whereas, the IDNR has granted the City of
the Master Builders of lowa Plan Room, The Dubuque a one-year time extension to provide
Construdion Update Network and posted on a back-up or secondary water supply no later
the City of Dubuque website at than December 31, 2017 as required by the
Book 147 Regular Session, April 3, 2017 149
IDNR water permit initially granted to CIWA; Twining, 421 N. Booth St. Ms. Twining spoke
and in support of her appointment and provided a
Whereas, the City of Dubuque hired IIW, brief biography.
P.C. consulting engineers to prepare loan
documents to secure funding for the project, Appointment was made to the following
and as part of the loan process, the City is Commission.
required to complete an environmental review
through public hearing. 4. Human Rights Commission: One, 3-year
NOW THEREFORE, BE IT RESOLVED term through January 1, 2020 (Vacant term of
BY THE CITY COUNCIL OF THE CITY OF Lenhart). Applicant: Jessica Perry (Indigo
DUBUQUE, IOWA: Channing), 160 N. Algona St. Motion by Con-
Section 1. The environmental review as nors to appoint Ms. Perry to a 3-year term
provided by SRF's Department of Natural Re- through January 1, 2020. Seconded by Lynch.
sources for the Westside Water System Im- Motion carried 7-0.
provements project, is hereby preliminarily
approved and ordered filed in the office of the PUBLIC HEARINGS
City Clerk for public inspection.
Section 2. A public hearing will be held on 1. Request to Release and Dispose of
the 17t° day of April, 2017, at 6:00 p.m. in the Easement - Tri-State Shred / Old Bellevue
Historic Federal Building Council Chambers Road: Proof of publication on notice of public
(second floor) 350 W. 6�° Street, Dubuque, hearing to consider approval of the request
lowa at which time interested persons may from Bruce Radtke, President of Tri-State
appear and be heard for or against the pro- Shred, 2270 Twin Valley Road, to vacate a
posed environmental review of said Project, portion of the Old Bellevue Road public right-
and the City Clerk be and is hereby directed to of-way easement across Lots 1 and 2 of
cause the attached notice of the time and Gudenkauf Place and Lots 1 and 2 of Twin
place of such hearing to be published in a Valley Place and the City Manager recom-
newspaper having general circulation in the mending approval. Motion by Connors to re-
City of Dubuque, lowa which notice shall be ceive and file the documents and adopt Reso-
published not less than four days nor more lution No. 131-17 Disposing of City interest in
than twenty days prior to the date of such the Old Bellevue Road Public Right of Way
hearing. At the hearing, any interested person Easement over and across Lot 1 and Lot 2 of
may appear and file objections to the environ- Gudenkauf Place and Lot 1 and Lot 2 of Twin
mental reviewof the Project. Valley Place in the City of Dubuque, lowa.
Section 3. The environmental review as Seconded by Jones. Motion carried 7-0.
provided by SRF's Department of Natural Re-
sources for the Westside Water System Im- RESOLUTION NO. 131-17
provements project is hereby ordered to be DISPOSING OF CITY INTEREST IN THE
advertised for public hearing. OLD BELLEVUE ROAD PUBLIC RIGHT OF
Passed, adopted and approved this 3rd day WAY EASEMENT OVER AND ACROSS LOT
of April, 2017. 1 AND LOT 2 OF GUDENKAUF PLACE AND
Roy D. Buol, Mayor LOT 1 AND LOT 2 OF TWIN VALLEY PLACE
Attest: Kevin S. Firnstahl, City Clerk IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and pub-
BOARDS/COMMISSIONS lished notice of time and place of hearing, pub-
lished in the Telegraph Herald, a newspaper of
Applicants were invited to address the City general circulation published in the City of
Council regarding their desire to serve on the Dubuque, lowa on the 24t° day of March,
following Boards/Commissions. Applicant ap- 2017, the City Council of the City of Dubuque,
pointments will be made at the next City lowa met on the 3rd day of April, 2017, at 6:00
Council meeting. p.m. in the Historic Federal Building, 350 West
6t° Street, Dubuque, lowa to consider the dis-
1. Civil Service Commission: One, 3-year posal of City interest in the Old Bellevue Road
term through April 6, 2020 (Expiring term of Public Right of Way Easement over and
White). Applicant: Daniel White, 2919 Elm St. across real estate as shown on the attached
2. Community Development Advisory exhibit labelled "Exhibit A Release of Public
Commission: One, 3-year term through Febru- Right of Way EasemenY'and described as:
ary 15, 2020 (Expired At-Large Term of Lot 1 and Lot 2 of Gudenkauf Place
James). Applicant: Lindsay James, 2494 Pearl and Lot 1 and Lot 2 of Twin Valley
St. Place in the City of Dubuque, lowa; and
3. Mediacom Charitable Foundation: One, Whereas, the City Council of the City of
1-year term through December 31, 2017 (6c- Dubuque, lowa overruled any and all objec-
pired Term of Twining). Applicant: Constance tions, oral or written to the proposal to dispose
Book 147 Regular Session, April 3, 2017 150
of City interest in said easement. ACTION ITEMS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF 1. Request to Rezone - Derby Grange,
DUBUQUE, IOWA: LLC / 12568 John F. Kennedy Road (Second
Section 1. That the release of City of Reading): Zoning Advisory Commission rec-
Dubuque interest in the Old Bellevue Road ommending approval of a request from Derby
Public Right of Way Easement across said Lot Grange, LLC, to rezone 50.4 acres at the
1 and Lot 2 of Gudenkauf Place and Lot 1 and Northwest Corner of Kennedy Road and Derby
Lot 2 of Twin Valley Place in the City of Dubu- Grange Road (12568 Kennedy Road) from
que, lowa to Lloyd S. and Lois A. Gudenkauf, County AG Agricultural to City R-2 Two-Family
Legion-Aires Drum and Bugle Corps, and Mike Residential concurrent with annexation to the
Stecher Real Estate. City of Dubuque.
Section 2. That the Mayor be authorized Restated motion by Jones to amend the
and directed to execute a Release of Ease- ordinance. Seconded by Connors. Motion car-
ment, and the City Clerk be and is hereby au- ried 7-0.
thorized and directed to deliver said Release Motion by Jones to receive and file the
to Lloyd S. and Lois A. Gudenkauf, Legion- documents and that the requirement that a
Aires Drum and Bugle Corps, and Mike proposed ordinance be considered and voted
Stecher Real Estate. on for passage at two Council meetings prior
Section 3. That the City Clerk be and is to the meeting at which it is to be passed be
hereby authorized and direded to record a suspended. Seconded by Connors. Motion
certified copy of this resolution and Release of carried 6-1 with Del Toro voting nay.
Easement in the offices of the City Assessor, Motion by Jones for final consideration and
Dubuque County Recorder and Dubuque passage of Ordinance No. 12-17 Amending
County Auditor. Title 16 of the City of Dubuque Code of Ordi-
Passed, approved and adopted this 3rd day nances, Unified Development Code, by reclas-
of April, 2017. sifying hereinafter described property, in con-
Roy D. Buol, Mayor junction with annexation, located at 12481
Attest: Kevin S. Firnstahl, City Clerk Kennedy Road from County Agricultural Dis-
trict to City R-1 Single-Family Residential and
PUBLIC INPUT R-2 Two-Family Residential Districts. Second-
ed by Connors. (Super majority requirement).
Paul Uzel, 61 N. Algona St., addressed the Motion carried 6-1 with Del Toro voting nay.
City Council about designating Dubuque as a
welcoming community. OFFICIAL PUBLICATION
Myra Jo Kalb, 12471 Eton Cr.; Susan Con- ORDINANCE NO. 12-17
lon-Kalb, 12470 Eton Cr.; Ron Breitbach, AN ORDINANCE AMENDING TITLE 16 OF
13223 Derby Grange Rd.; Kristin Clark, 12210 THE CITY OF DUBUQUE CODE OF ORDI-
Forest Meadow Dr.; Phil Kalvelage, 16785 NANCES, UNIFIED DEVELOPMENT CODE,
Clay Hill Rd.; Joe Mettille, 16559 Clay Hill Rd.; BY RECLASSIFYING HEREINAFTER DE-
Mariann Groom, 16693 Clay Hill Rd.; ad- SCRIBED PROPERTY, IN CONJUNCTION
dressed the City Council either in opposition to WITH ANNEXATION, LOCATED AT 12481
or expressed concerns about the rezoning KENNEDY ROAD FROM COUNTY AGRI-
request and proposed subdivision. Loren CULTURAL DISTRICT TO CITY R-1 SINGLE-
Steger, 16013 Paradise Ln.; Dave Riniker, FAMILY RESIDENTIAL AND R-2 TWO-
12568 Kennedy Rd. and Robert Sabers, Attor- FAMILY RESIDENTIAL DISTRICTS
ney for Derby Grange, LLC, spoke in favor of NOW, THEREFORE, BE IT ORDAINED
the proposed subdivision. BY THE CITY COUNCIL OF THE CITY OF
John Tallent, Chief Executive Officer for DUBUQUE, IOWA:
Medical Associates; and Kay Takes, President Sedion 1. That Title 16 of the City of
of Mercy Medical Center, addressed the City Dubuque Code of Ordinances, the Unified
Council regarding their concerns with Action Development Code, is hereby amended by
Item #7 Medical Plan Third-Party Administra- reclassifying the hereinafter described proper-
tion Services and Stop Loss Coverage agree- ty, in conjunction with annexation, from County
ment with Wellmark of lowa. Agricultural District to City R-1 Single-Family
Residential and R-2 Two-Family Residential
Districts, to wit:
As shown on Exhibit A and to the center-
line of the adjoining public right-of-way all
in the County of Dubuque.
Section 2.That the foregoing amendment
has heretofore been reviewed by the Zoning
Book 147 Regular Session, April 3, 2017 151
Advisory Commission of the City of Dubuque, feet of Lot 2 Tscharner Place No. 4 and to the
lowa. centerline of the adjoining public right-of-way,
Sedion 3.This Ordinance shall take effed all in the County of Dubuque, lowa.
immediately upon publication as provided by Section 2. That the foregoing amendment
law. has heretofore been reviewed by the Zoning
Passed, approved and adopted this 3rd day Advisory Commission of the City of Dubuque,
of April, 2017. lowa.
/s/Roy D. Mayor Sedion 3. This Ordinance shall take effect
Attest: /s/Kevin S. Firnstahl, City Clerk immediately upon publication as provided by
Exhibit A was on file in the Office of the City law.
Clerk, 50 W. 13t°Street, Dubuque. Passed, approved and adopted this 3rd day
Published officially in the Telegraph Herald of April, 2017.
newspaper on the 7t°day of April, 2017. /s/Roy D. Mayor
/s/Kevin S. Firnstahl, City Clerk Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
2. Request to Rezone - Jim Kress/ Derby newspaper on the 7t°day of April, 2017.
Grange Road (Second Reading)): Zoning Ad- /s/Kevin S. Firnstahl, City Clerk
visory Commission recommending approval of
a request from Jim Kress to rezone 2.99 acres 3. Rustic Point Area Voluntary Annexation:
located along Derby Grange Road from Coun- (Tabled from March 20, 2017 meeting): City
ty AG Agricultural to City R-1 Single-Family Manager recommending approval of the Rustic
Residential concurrent with annexation to the Point Area annexation of approximately 56
City of Dubuque. acres owned by four property owners: Marlene
Motion by Connors to receive and file the L. Brimeyer (1.42 acres), Derby Grange LLC
documents and that the requirement that a (50.4 acres), James F. and Janet M. Kress
proposed ordinance be considered and voted (2.99 acres), and the City of Dubuque (1.35
on for passage at hnro Council meetings prior acres).
to the meeting at which it is to be passed be Motion by Jones to remove from the table.
suspended. Seconded by Lynch. Motion car- Seconded by Lynch. Motion carried 7-0.
ried 7-0. Motion by Jones to Receive and filed the
Motion by Connors for final consideration documents and adopt Resolution No. 132-17
and passage of Ordinance No. 13-17 Amend- Approving an application for voluntary annexa-
ing Title 16 of the City of Dubuque Code of tion of territory to the City of Dubuque, lowa.
Ordinances, Unified Development Code, by Seconded by Lynch. Motion carried 7-0.
reclassifying hereinafter described property, in
conjunction with annexation, located along RESOLUTION NO. 132-17
Derby Grange Road from County Agricultural APPROVING AN APPLICATION FOR VOL-
District to City R-1 Single-Family Residential UNTARY ANNEXATION OF TERRITORY TO
District. Seconded by Lynch. Motion carried 7- THE CITY OF DUBUQUE, IOWA
0. Whereas, the City Council of Dubuque has
received written applications from property
OFFICIAL PUBLICATION owners for the voluntary annexation of 56
ORDINANCE NO. 13-17 acres of property which includes 5.87 acres of
AN ORDINANCE AMENDING TITLE 16 OF County right-of-way located on the northwest
THE CITY OF DUBUQUE CODE OF ORDI- corner of the intersedion of John F. Kennedy
NANCES, UNIFIED DEVELOPMENT CODE, and Derby Grange Roads with connection to
BY RECLASSIFYING HEREINAFTER DE- the city of Dubuque by John F. Kennedy Road
SCRIBED PROPERTY, IN CONJUNCTION right-of-way; and
WITH ANNEXATION, LOCATED ALONG Whereas, Marlene L. Brimeyer, as property
DERBY GRANGE ROAD FROM COUNTY owner has submitted a written application for
AGRICULTURAL DISTRICT TO CITY R-1 voluntary annexation of approximately 1.42
SINGLE-FAMILY RESIDENTIAL DISTRICT acres of territory lying outside the corporate
NOW, THEREFORE, BE IT ORDAINED limits of the City of Dubuque, lowa as shown
BY THE CITY COUNCIL OF THE CITY OF on Exhibit A and legally described as:
DUBUQUE, IOWA: A part of Lot 1 of the Subdivision of Lot
Section 1. That Title 16 of the City of 1 of the Southeast'/a of the Southwest 1/4
Dubuque Code of Ordinances, the Unified of Section 9, Township 89 North, Range 2
Development Code, is hereby amended by East of the 5t° Principal Meridian, in the
reclassifying the hereinafter described proper- County of Dubuque, lowa more particularly
ty, in conjunction with annexation, from County described as follows:
Agricultural District to City R-1 Single-Family Beginning at the Northeast corner
Residential District, to wit: of Lot 1 of the Subdivision of Lot 1 of
The east 153.00 feet of the south 850.00 the Southeast'/a of the Southwest '/a of
Book 147 Regular Session, April 3, 2017 152
Sedion 9, Township 89 North, Range 2 cular curve concave to the East, having
East of the 5t° Principal Meridian, in the a radius of 988.37 feet, a chord of
County of Dubuque, lowa; 177.98 feet which bears North 39 De-
Thence South 11 Degrees 58 grees 07 Minutes 07 Seconds West, an
Minutes 32 Seconds East along the arc length of 178.22 feet to a point on
East line of said Lot 1 a distance of the North line of said Lot 1 of Lot 1;
500.82feet; Thence North 89 Degrees 02
Thence Southeasterly along a cir- Minutes 00 Seconds East along said
cular curve concave to the East, having North line a distance of 39.63 feet to
a radius of 955.37 feet, a chord of the point of beginning, containing 5,344
387.07 feet which bears South 23 De- square feet, more or less, and is sub-
grees 33 Minutes 34 Seconds East, an ject to easements, reservations, re-
arc length of 389.77 feet to the South- strictions and rights of way of record
east corner of said Lot 1; and not of record.
Thence South 89 Degrees 02 A part of Lot 2 the Subdivision of
Minutes 00 Seconds West along said Lot 1 of the Southeast '/a of the South-
South line a distance of 39.63 feet to a west '/a of Section 9, Township 89
point on the Westerly right of way line North, Range 2 East of the 5t° Principal
of Kennedy Road; Meridian, in the County of Dubuque,
Thence Northwesterly along said lowa more particularly described as fol-
Westerly right of way line being a circu- lows:
lar curve concave to the East, having a Commencing as a point of refer-
radius of 988.37 feet, a chord of 378.50 ence at the Northwest corner of Lot 2 of
feet which bears North 22 Degrees 54 the Subdivision of Lot 1 of the South-
Minutes 51 Seconds West, an arc east '/a of the Southwest '/a of Section
length of 380.85 feet; 9, Township 89 North, Range 2 East of
Thence North 11 Degrees 58 the 5t° Principal Meridian, in the County
Minutes 32 Seconds West along said of Dubuque, lowa;
Westerly right of way line a distance of Thence North 88 Degrees 39
506.68 feet to a point on the North line Minutes 26 Seconds East along the
of said Lot 1; North line of said Lot 2 a distance of
Thence North 88 Degrees O5 731.49 feet to the point of beginning;
Minutes 36 Seconds East along said Thence continuing North 88 De-
North line a distance of 33.52 feet to grees 39 Minutes 26 Seconds East
the point of beginning, containing along the North line of said Lot 2 a dis-
29,337 square feet, more or less, and tance of 137.55 feet to the Northeast
is subject to easements, reservations, corner of said Lot 2;
restridions and rights of way of record Thence Southeasterly along the
and not of record, and; East line of said Lot 2, being a circular
A part of Lot 1 of Lot 1 of Mineral Lot curve concave to the East, having a ra-
549 in Sedion 16, Township 89 North, dius of 955.37 feet, a chord of 191.31
Range 2 East of the 5t° Principal Meridian, feet which bears South 06 Degrees 13
in the County of Dubuque, lowa more par- Minutes 07 Seconds East, an arc
ticularly described as follows: length of 191.63 feet;
Beginning at the Northeasterly cor- Thence South 11 Degrees 58
ner of Lot 1 of Lot 1 of Mineral Lot 459 Minutes 32 Seconds East along said
in Section 16, Township 89 North, East line a distance of 258.07 feet to
Range 2 East of the 5t° Principal Merid- the Southeast corner of said Lot 2;
ian, in the County of Dubuque, lowa; Thence South 88 Degrees O5
Thence Southeasterly along the Minutes 36 Seconds West along the
Easterly line of said Lot 1 of Lot 1, be- South line of said Lot 2 a distance of
ing a circular curve concave to the 33.52 feet to a point on the West right
East, having a radius of 955.37 feet, a of way line of Kennedy Road;
chord of 145.47 feet which bears South Thence North 11 Degrees 58
39 Degrees 36 Minutes 48 Seconds Minutes 32 Seconds West along said
East, an arc length of 145.61 feet; west right of way line a distance of
Thence South 36 Degrees 58 279.21 feet;
Minutes 03 Seconds West along said Thence Northwesterly along said
Easterly line a distance of 33.40 feet to West right of way line, being a circular
a point on the Westerly right of way line curve concave to the East having a ra-
of Kennedy Road; dius of 988.37 feet, a chord of 34.46
Thence Northwesterly along said feet which bears North 10 Degrees 57
Westerly right of way line, being a cir- Minutes 57 Seconds West, an arc
Book 147 Regular Session, April 3, 2017 153
length of 34.46 feet; Whereas, the future growth and develop-
Thence North 47 Degrees 24 ment of the City of Dubuque, lowa makes it
Minutes 27 Seconds West along said desirable that the annexation territory be made
West right of way line a distance of part of the City of Dubuque, lowa; and
159.58 feet to a point on the South right Whereas, the City of Dubuque has the ca-
of way line of Derby Grange Road; pacity to provide substantial municipal services
Thence North 02 Degrees 06 to the annexation territory; and
Minutes 27 Seconds West a distance of Whereas, the annexation is in the public in-
52.00 feet to the point of beginning, terest.
containing 27,435 square feet, more or NOW THEREFORE, BE IT RESOLVED
less, and is subject to easements, res- BY THE CITY COUNCIL OF THE CITY OF
ervations, restridions and rights of way DUBUQUE, IOWA:
of record and not of record; and Sedion 1. That the applications for the vol-
Whereas, Derby Grange LLC, as property untary annexation of property owned by Mar-
owner has submitted a written application for lene L. Brimeyer (1.42 acres), Derby Grange
voluntary annexation of approximately 50.4 LLC (50.4 acres), James F. & Janet M. Kress
acres of territory lying outside the corporate (2.99 acres), and the City of Dubuque (1.35
limits of the City of Dubuque, lowa as shown acres) and 5.87 acres of County right-of-way
on Exhibit A and legally described as: which includes John F. Kennedy Road and to
Lot 1 of Tscharner Place No. 4, Dubu- the abutting centerline of Derby Grange Road
que County, lowa; and are hereby approved for annexation to the City
Whereas, James F. & Janet M. Kress, as of Dubuque.
property owner has submitted a written appli- Section 2. That, subject to the approval of
cation for voluntary annexation of approxi- the City Development Board, the corporate
mately 2.99 acres of territory lying outside the limits of the City of Dubuque be and they
corporate limits of the City of Dubuque, lowa hereby are extended to include the approxi-
as shown on Exhibit A and legally described mately 56 acres of annexation territory as
as: shown on Exhibit A Site Location Map and
The East 153.00 feet of the South Exhibit B Legal Descriptions.
850.00 feet of Lot 2 of Tscharner Place Sedion 3. That the City Council does
No. 4, Dubuque County, lowa; and hereby certify that the City of Dubuque has
Whereas, the City of Dubuque, as property complied with the notice and hearing require-
owner has submitted a written application for ments of the lowa Code pertaining to 100%
voluntary annexation of approximately 1.35 voluntary annexation of territory within the ur-
acres of territory lying outside the corporate banized area of another city.
limits of the City of Dubuque, lowa as shown Section 4. That if the City Development
on Exhibit A and legally described as: Board approves this annexation, the territory
Lots A, B, C, and D of Goldthorp hereby annexed shall become a part of Ward
Place, in the County of Dubuque, lowa; One of the City of Dubuque.
and Sedion 5. That the City Clerk shall file this
Lot 2A of Lot 1-1-1-1-1-13 of Helen resolution, all exhibits and the applications for
E. and Mary H. Stewart Subdivision, voluntary annexation with the City Develop-
Section 16, ment Board of the State of lowa in accordance
Township 89 North, Range 2 East with the provisions of Chapter 368 of the lowa
of the Fifth Principal Meridian, in the Code.
County of Dubuque, lowa; and Passed, approved and adopted this 3rd day
Lot 1 A of Lot 2 of Lot 3 of Helen E. of April, 2017.
and Mary H. Stewart Subdivision, Sec- Roy D. Buol, Mayor
tion 16, Township 89 North, Range 2 Attest: Kevin S. Firnstahl, City Clerk
East of the Fifth Principal Meridian, in
the County of Dubuque, lowa; and 4. Derby Grange Road Housing Urban Re-
Whereas, the annexation territory is not newal Plan: (Tabled from March 20, 2017
subject to an existing annexation moratorium meeting): City Manager recommending ap-
agreement and does not include any State or proval of a Resolution adopting the Urban Re-
railroad property; and newal Plan for the Derby Grange Road Hous-
Whereas, the annexation territory does in- ing Urban Renewal Area.
clude Dubuque County right-of-way; and Motion by Connors to remove from the ta-
Whereas, Chapter 368 of the Code of lowa ble. Seconded by Lynch. Motion carried 7-0.
authorizes this annexation by adoption of a
resolution and required notification; and
Whereas, the annexation territory is con-
sistent with the City's Comprehensive Plan;
and
Book 147 Regular Session, April 3, 2017 154
Motion by Connors to receive and file the Sedion 3. That, notwithstanding any reso-
documents and adopt Resolution No. 133-17 lution, ordinance, plan, amendment or any
Approving the Urban Renewal Plan for the other document, the original Plan shall be in
Derby Grange Road Housing Urban Renewal full force and effect from the date of this Reso-
Area. Seconded by Lynch. Motion carried 7-0. lution until the Council amends or repeals the
Plan.
RESOLUTION NO. 133-17 Sedion 4. That the City Clerk of the City of
APPROVING THE URBAN RENEWAL PLAN Dubuque, lowa is hereby authorized and di-
FOR THE DERBY GRANGE ROAD HOUS- rected to file a certified copy of this Resolution
ING URBAN RENEWAL AREA and the Plan in the office of the Dubuque
Whereas, by Resolution 69-17 approved County Auditor.
on February 20, 2017, the City Council of the Passed, approved and adopted this 3rd day
City of Dubuque, lowa authorized the prepara- of April, 2017.
tion of an Urban Renewal Plan (the "Plan") for Roy D. Buol, Mayor
the Derby Grange Road Housing Urban Re- Attest: Kevin S. Firnstahl, City Clerk
newal Area (the"Area"); and
Whereas, the City of Dubuque's primary 5. Derby Grange Road Housing Urban Re-
objective for the Plan is to provide opportuni- newal Plan — Ordinance (Tabled from the
ties which will further economic development march 20, 2017 meeting): City Manager rec-
purposes and objectives as described in the ommending review and approval of an ordi-
Plan in the Area; and nance creating a tax increment financing dis-
Whereas, a consultation process has been trict for Derby Grange Road Housing Urban
undertaken with affeded taxing entities in ac- Renewal Area.
cordance with Chapter 403 of the Code of lo- Motion by Jones to remove from the table.
wa with no written objections or recommended Seconded by Resnick. Motion carried 7-0.
changes to the Plan received; and Motion by Jones to receive and file the
Whereas, the lowa statutes require the City documents and that the requirement that a
Council to submit the proposed Plan to the proposed ordinance be considered and voted
City's Long Range Planning Commission for on for passage at two Council meetings prior
review and recommendation as to its conformi- to the meeting at which it is to be passed be
ty with the general plan for development of the suspended. Seconded by Resnick. Motion
City as a whole, prior to City Council approval carried 7-0.
thereof; and Motion by Jones for final consideration and
Whereas, the City Council, in accordance passage of Ordinance No. 14-17 Providing
with Chapter 403 of the Code of lowa, has that general property taxes levied and collect-
held a public hearing on the proposed Plan. ed each year on all property located within the
NOW, THEREFORE, BE IT RESOLVED Derby Grange Road Housing Urban Renewal
BY THE CITY COUNCIL OF THE CITY OF Area, in the City of Dubuque, County Of
DUBUQUE, IOWA: Dubuque, State of lowa, by and for the benefit
Sedion 1. That the Urban Renewal Plan of the State of lowa, City of Dubuque, County
for the Derby Grange Road Housing Urban of Dubuque, Dubuque Community School Dis-
Renewal Area is hereby approved; that a fea- trict and other Taxing Districts, be paid to a
sible method exists for the location of any special fund for payment of principal and inter-
families who will be displaced from the District est on loans, monies advanced to and indebt-
into decent, safe and sanitary dwelling ac- edness, including bonds issued or to be is-
commodations within their means and without sued, incurred by said City in connection with
undue hardship to such families; and that the said Derby Grange Road Housing Urban Re-
Plan conforms to the general plan of the City newal Area. Seconded by Resnick. Motion
as a whole. carried 7-0.
Sedion 2. That the Derby Grange Road
Housing Urban Renewal Area is an economic OFFICIAL PUBLICATION
development area within the meaning of lowa ORDINANCE NO. 14-17
Code Chapter 403; that such area is eligible AN ORDINANCE PROVIDING THAT GEN-
for designation as an urban renewal area and ERAL PROPERTY TAXES LEVIED AND
otherwise meets all requisites under the provi- COLLECTED EACH YEAR ON ALL PROP-
sions of Chapter 403 of the Code of lowa; and ERTY LOCATED WITHIN THE DERBY
that the rehabilitation, conservation, redevel- GRANGE ROAD HOUSING URBAN RE-
opment, development, or a combination there- NEWAL AREA, IN THE CITY OF DUBUQUE,
of, of such area is necessary in the interest of COUNTY OF DUBUQUE, STATE OF IOWA,
the public health, safety or welfare of the resi- BY AND FOR THE BENEFIT OF THE STATE
dents of this City. OF IOWA, CITY OF DUBUQUE, COUNTY OF
DUBUQUE, DUBUQUE COMMUNITY
SCHOOL DISTRICT AND OTHER TAXING
Book 147 Regular Session, April 3, 2017 155
DISTRICTS, BE PAID TO A SPECIAL FUND Commencing as a point of reference at the
FOR PAYMENT OF PRINCIPAL AND IN- Northwest corner of Lot 2 of the Subdivision of
TEREST ON LOANS, MONIES ADVANCED Lot 1 of the Southeast '/a of the Southwest '/a
TO AND INDEBTEDNESS, INCLUDING of Section 9, Township 89 North, Range 2
BONDS ISSUED OR TO BE ISSUED, IN- East of the 5t° Principal Meridian, in the Coun-
CURRED BY SAID CITY IN CONNECTION ty of Dubuque, lowa; Thence North 88 De-
WITH SAID DERBY GRANGE ROAD HOUS- grees 39 Minutes 26 Seconds East along the
ING URBAN RENEWAL AREA North line of said Lot 2 a distance of 731.49
Whereas, the City Council of the City of feet to the point of beginning; Thence continu-
Dubuque, lowa after public notice and hearing ing North 88 Degrees 39 Minutes 26 Seconds
as prescribed by law and pursuant to Resolu- East along the North line of said Lot 2 a dis-
tion No. 133-17 passed and approved on the tance of 137.55 feet to the Northeast corner of
3rd day of April, 2017, adopted an Urban Re- said Lot 2; Thence Southeasterly along the
newal Plan (the "Urban Renewal Plan") for an East line of said Lot 2, being a circular curve
urban renewal area known as the Derby concave to the East, having a radius of 955.37
Grange Road Housing Urban Renewal Area feet, a chord of 191.31 feet which bears South
(the"Urban Renewal Area"); and 06 Degrees 13 Minutes 07 Seconds East, an
Whereas, expenditures and indebtedness arc length of 191.63 feet; Thence South 11
are anticipated to be incurred by the City of Degrees 58 Minutes 32 Seconds East along
Dubuque, lowa in the future to finance urban said East line a distance of 258.07 feet to the
renewal projed activities carried out in further- Southeast corner of said Lot 2; Thence South
ance of the objedives of the Urban Renewal 88 Degrees O5 Minutes 36 Seconds West
Plan and the future needs for redevelopment along the South line of said Lot 2 a distance of
within the Urban Renewal Area are such as to 33.52 feet to a point on the West right of way
require the application of the incremental tax line of Kennedy Road; Thence North 11 De-
resources of the Urban Renewal Area; and grees 58 Minutes 32 Seconds West along said
Whereas, the City Council of the City of west right of way line a distance of 279.21 feet;
Dubuque, lowa desires to provide for the divi- Thence Northwesterly along said West right of
sion of revenue from taxation in the Urban way line, being a circular curve concave to the
Renewal Area, as above described, in accord- East having a radius of 988.37 feet, a chord of
ance with the provisions of Section 403.19 of 34.46 feet which bears North 10 Degrees 57
the Code of lowa, as amended, and the Urban Minutes 57 Seconds West, an arc length of
Renewal Plan. 34.46 feet; Thence North 47 Degrees 24
NOW, THEREFORE, BE IT ORDAINED Minutes 27 Seconds West along said West
BY THE CITY COUNCIL OF THE CITY OF right of way line a distance of 159.58 feet to a
DUBUQUE, IOWA: point on the South right of way line of Derby
Sedion 1. For purposes of this Ordinance, Grange Road; Thence North 02 Degrees 06
the following terms have the following mean- Minutes 27 Seconds West a distance of 52.00
ings: feet to the point of beginning; and
(a) Urban Renewal Project Area shall All that part of Lot 2 of the Northeast '/a of
include that area described as follows: the Southwest '/a of Section 9, T89N, R2E of
All that part of the right of way of John F. the 5t° P.M., Dubuque County, lowa, lying
Kennedy Road lying between the Northw�ster- within the existing right of way of North Cas-
ly right of way line of Northwest Arterial (lowa cade Road; and
State Highway #32) and the Northeasterly All of Lot 1 of Tscharner Place No. 4, Sec-
extension of the Northerly line of Lot 2 of Bar- tion 9, Township 89 North, Range 2 East of the
ton Randle Addition, City of Dubuque, lowa; 5t° P.M., Dubuque County, lowa; and
and All that part of Lot 2 of Tscharner Place No.
All that part of the Easterly half of the right 3, Dubuque County, lowa, lying South of the
of way of John F. Kennedy Road lying be- North line of the Southwest Quarter of Section
tween the Northeasterly extension of the Nor- 9, T89N, R2E of the 5t° P.M. and East of the
therly line of Lot 2 of Barton Randle Addition, Westerly right of way line of John F. Kennedy
City of Dubuque, lowa and the Easterly exten- Road; and
sion of the Southerly line of Lot 2 of Lot 1 of All of Lot 1-A of The Barony, Dubuque
the Subdivision of the Southeast Quarter of the County, lowa; and
Southwest Quarter of Section 9, T89N, R2E of All that part of the Northwesterly half of the
the 5t° P.M., Dubuque County, lowa; and right of way of John F. Kennedy Road lying
A part of Lot 2 the Subdivision of Lot 1 of Westerly of the West line of Lot 1 of Hope
the Southeast '/a of the Southwest '/a of Sec- Evangelical Free Church 1�� Addition, Dubu-
tion 9, Township 89 North, Range 2 East of the que County, lowa, and lying Easterly of the
5t° Principal Meridian, in the County of Dubu- Southerly extension of the West line of Lot 1-A
que, lowa more particularly described as fol- of The Barony, Dubuque County, lowa; and
lows: The West 19.85 acres of the North Half of
Book 147 Regular Session, April 3, 2017 156
the Southeast Quarter of the Northeast Quar- trict imposed pursuant to lowa Code Section
ter of Section 9, Township 89 North, Range 2 298.2 and taxes for the instructional support
East of the 5�° P.M., Dubuque County, lowa program of a school district imposed pursuant
(also known as the North Half of the Southeast to lowa Code Section 257.19 (but in each case
Quarter of the Northeast Quarter of Section 9, only to the extent required under lowa Code
Township 89 North, Range 2 East of the 5�° Section 403.19(2)); (ii) taxes for the payment
P.M., except 10 feet on the East side of said of bonds and interest of each taxing district;
20 acres of land reserved for a private road- (iii) taxes imposed under lowa Code Section
way, in Dubuque County, lowa). 346.27(22) related to joint county-city build-
(b) Urban Renewal Plan shall mean ings; and (iv) any other exceptions described
the Urban Renewal Plan for the Derby in Section 403.19 shall be colleded against all
Grange Road Housing Urban Renewal taxable property within the Urban Renewal
Area, approved by Resolution No. 133- Project Area without any limitation as here-
17 on 3rd day of April, 2017, as the inabove provided.
same may be amended from time to Section 5. Unless or until the total as-
time. sessed valuation of the taxable property in the
Sedion 2. That the taxes levied on the tax- Urban Renewal Project Area exceeds the total
able property in the Urban Renewal Area, le- assessed value of the taxable property in the
gally described in Section 1 hereof, by and for Urban Renewal Area as shown by the as-
the benefit of the State of lowa, City of Dubu- sessment rolls referred to in Section 3 of this
que, County of Dubuque, Dubuque Community Ordinance, all of the taxes levied and collected
School Distrid, and all other taxing distrids upon the taxable property in the Urban Re-
from and after the effective date of this Ordi- newal Area shall be paid into the funds for the
nance shall be divided as hereinafter in this respedive taxing districts as taxes by or for
Ordinance provided. said taxing districts in the same manner as all
Sedion 3. That portion of the taxes which other property taxes.
would be produced by the rate at which the tax Section 6. At such time as the loans, ad-
is levied each year by or for each of the taxing vances, indebtedness, bonds and interest
districts upon the total sum of the assessed thereon of the City of Dubuque, lowa referred
value of the taxable property in the Urban Re- to in Section 4 hereof have been paid, all mon-
newal Area, as shown on the assessment roll ies thereafter received from taxes upon the
as of January 1, 2016, being January 1 of the taxable property in the Urban Renewal Area
calendar year preceding the first calendar year shall be paid into the funds for the respective
in which the City of Dubuque is expected to taxing districts in the same manner as taxes
certify to the County Auditor the amount of on all other property.
loans, advances, indebtedness, or bonds pay- Sedion 7. All ordinances or parts of ordi-
able from the division of property tax revenue nances in conflict with the provisions of this
described herein, shall be allocated to and Ordinance are hereby repealed. The provi-
when collected be paid into the fund for the sions of this Ordinance are intended and shall
respective taxing district as taxes by or for the be construed so as to fully implement the divi-
taxing district into which all other property tax- sion of taxes from taxable property in the Ur-
es are paid. The taxes so determined shall be ban Renewal Area under the provisions of
referred to herein as the "base period taxes" Sedion 403.19 of the Code of lowa. In the
for such Urban Renewal Area. event that any provision of this Ordinance shall
Section 4. That portion of the taxes each be determined to be contrary to law it shall not
year in excess of the base period taxes deter- affed other provisions or application of this
mined for the Urban Renewal Area as provid- Ordinance which shall at all times be con-
ed in Section 3 of this Ordinance shall be allo- strued to fully invoke the provisions of Section
cated to and when collected be paid into a 403.19 of the Code of lowa with reference to
special tax increment fund of the City of Dubu- the Urban Renewal Area and the territory con-
que, lowa hereby established, to pay the prin- tained therein.
cipal of and interest on loans, monies ad- Section 8. This Ordinance shall be in effect
vanced to, indebtedness, whether funded, after its final passage, approval and publica-
refunded, assumed or otherwise, including tion as provided by law.
bonds or obligations issued under the authority Passed and approved this 3rd day of April,
of Sedion 403.9 or 403.12 of the Code of lo- 2017.
wa, as amended, incurred by the City of /s/Roy D. Buol, Mayor
Dubuque, lowa to finance or refinance, in Attest:/s/Kevin S. Firnstahl, City Clerk
whole or in part, urban renewal projects under- Published officially in the Telegraph Herald
taken within the Urban Renewal Area pursuant newspaper on the 7t°day of April, 2017.
to the Urban Renewal Plan, except that (i) /s/Kevin S. Firnstahl, City Clerk
taxes for the regular and voter-approved phys- Read first time: March 20, 2017
ical plant and equipment levy of a school dis- Read second time: April 3, 2017
Book 147 Regular Session, April 3, 2017 157
Passed and approved: April 3, 2017 responsible bidder for the Project.
Published: April 7, 2017 NOW THEREFORE, BE IT RESOLVED
Correded Ordinance 14-17-A Published April BY THE CITY COUNCIL OF THE CITY OF
21, 2017 DUBUQUE, IOWA:
That a Public Improvement Contract for the
6. Grade Level Reading Update: City Man- Projed is hereby awarded to Hydro Tech, Inc.
ager providing a report from the Leisure Ser- of Lehi, Utah, and the City Manager is hereby
vices Department on the initiatives and actions directed to execute a Public Improvement
related to the Campaign for Grade Level Contract on behalf of the City of Dubuque for
Reading as well as efforts of the past year and the Project.
future adions. Recreation Division Manager Passed, approved and adopted this 3rd day
Dan Kroger provided a slide presentation. of April, 2017.
Highlights included community solutions action Roy D. Buol, Mayor
plan 2012; The 3 P's of people, planning and Attest: Kevin S. Firnstahl, City Clerk
partners; weaving services together; Ameri-
Corps Partners in Learning; programs provid- 9. Award Contract-Ham House Masonry
ed by the Recreation Division, Dubuque Rehabilitation Project: City Manager recom-
Community School District; St. Mark Youth mending award of the Ham House Masonry
Enrichment; and results of each partner's ef- Rehabilitation Project contract to the low bid-
forts. Motion by Lynch to receive and file the der, Evans-Mason, Inc. Motion by Connors to
information. Seconded by Resnick. Motion receive and file the documents and adopt
carried 7-0. Resolution No. 135-17 Awarding the Public
Improvement Contract for the Ham House
7. Medical Plan Third-Party Administration Masonry Rehabilitation Project. Seconded by
Services and Stop Loss Coverage: City Man- Rios. Motion carried 7-0.
ager recommending approval of the selection
of Wellmark of lowa as the third-party adminis- RESOLUTION NO. 135-17
trator for the City's medical plan. Motion by AWARDING THE PUBLIC IMPROVEMENT
Connors receive and filed the documents and CONTRACT FOR THE HAM HOUSE MA-
approve the recommendation. Seconded by SONRY REHABILITATION PROJECT
Resnick. City Manager Van Milligen responded Whereas, sealed proposals have been
to questions from the City Council regarding submitted by contractors for the Ham House
the RFP process, favoring local business, and Masonry Rehabilitation Project (the Project)
cost savings. Motion carried 7-0. pursuant to Resolution No. 68-17, and notice
to bidders published in a newspaper published
8. Award Contract-Five Flags Theater Ma- in the City of Dubuque, lowa on the 24t° day of
sonry Project: City Manager recommending February, 2017; and
award of the contract for the Five Flags Thea- Whereas, said sealed proposals were
ter Masonry Project to the low bidder, Hydro- opened and read on the 23rd day of March,
Tech. Motion by Lynch to receive and file the 2017, and it has been determined that the bid
documents and adopt Resolution No. 134-17 of Evans-Mason, Inc. of Springfield, Illinois in
Awarding the Public Improvement Contract for the amount of $82,280 is the lowest respon-
the Five Flags Theater Masonry Rehabilitation sive, responsible bidder for the Project.
Projed. Seconded by Resnick. Motion carried NOW THEREFORE, BE IT RESOLVED
7-0. BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
RESOLUTION NO. 134-17 That a Public Improvement Contract for the
AWARDING THE PUBLIC IMPROVEMENT Projed is hereby awarded to Evans-Mason,
CONTRACT FOR THE FIVE FLAGS THEA- Inc. of Springfield, Illinois, and the City Man-
TER MASONRY REHABILITATION PRO- ager is hereby direded to execute a Public
JECT Improvement Contract on behalf of the City of
Whereas, sealed proposals have been Dubuque for the Projed.
submitted by contractors for the Five Flags Passed, approved and adopted this 3rd day
Theater Masonry Rehabilitation Project (the of April, 2017.
Projed) pursuant to Resolution No. 67-17, and Roy D. Buol, Mayor
notice to bidders published in a newspaper Attest: Kevin S. Firnstahl, City Clerk
published in the City of Dubuque, lowa on the
24t°day of February, 2017; and
Whereas, said sealed proposals were
opened and read on the 23rd day of March,
2017, and it has been determined that the bid
of Hydro Tech, Inc. from Lehi, UT in the
amount of $279,100 is the lowest responsive,
Book 147 Regular Session, April 3, 2017 158
10. Award SRF Green Alley Projed Bid Set the closed session is City Attorney Crenna
4 Year 3: City Manager recommending award Brumwell. Motion carried 7-0.
of the construction contract for the Award SRF Upon motion, the City Council reconvened
Green Alley Project Bid Set 4 Year 3 to the low in open session at 8:27 p.m. stating that staff
bidder, Portzen Construction, Inc. Motion by had been given proper diredion.
Lynch to receive and file the documents and
adopt Resolution No. 136-17 Awarding Public There being no further business, upon mo-
Improvement Contractfor the SRF Green Alley tion the City Council adjourned at 8:28 p.m.
Bid Set 4 - Year 3 Project. Seconded by Con-
nors. Motion carried 7-0. /s/Kevin S. Firnstahl, CMC, City Clerk
RESOLUTION NO. 136-17
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE SRF GREEN ALLEY BID
SET 4—YEAR 3 PROJECT
Whereas, sealed proposals have been
submitted by contractors for the SRF Green
Alley Bid Set 4 — Year 3 Project (the Project)
pursuant to Resolution No. 61-17 and Notice
to Bidders published in a newspaper published
in the City of Dubuque, lowa on the 24t° day of
February, 2017; and
Whereas, said sealed proposals were
opened and read on the 23rd day of March,
2017, and it has been determined that Portzen
Construction, Inc. of Dubuque, lowa with a bid
in the amount of $495,809.75, 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
Projed is hereby awarded to Portzen Con-
strudion, 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 3rd day
of April, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Council Member Del Toro reported on April
being Autism Awareness Month. Council
Member Resnick reported on his attendance at
the recent Taste of the World event sponsored
by the Multicultural Family Center.
Mayor Buol reported on his and staff at-
tendance at the recent Dubuque Chamber of
Commerce visit to Washington, DC to discuss
issues effeding Dubuque.
CLOSED SESSION
Motion by Jones to convene in closed ses-
sion at 8:19 p.m. to discuss pending litigation
and real estate transfer negotiations pursuant
to Chapter 21.5(1)(c), -Q) Code of lowa. Se-
conded by Connors. Mayor Buol stated for the
record that the attorney who will consult with
City Council on the issues to be discussed in
Book 147 Special Session, April 10, and Regular Session, April 17, 2017 159
CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS CITY COUNCIL PROCEEDINGS
SPECIAL SESSION REGULAR SESSION
OFFICIAL OFFICIAL
The Dubuque City Council met in special The Dubuque City Council met in regular
session at 530 p.m. on April 10, 2017 begin- session at 6:00 p.m. on April 17, 2017 in the
ning at the parking area at 420 Garfield Ave- Historic Federal Building, 350 W. 6t° Street.
nue (Garfield and Pine Streets).
Present: Mayor Buol; Council Members
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Resnick, Rios; City
Connors, Resnick, Rios; City Manager Van Manager Van Milligen, City Attorney Brumwell
Milligen
Absent: Council Member Lynch
Absent: Council Members Del Toro, Lynch
and Jones; City Attorney Brumwell Mayor Buol read the call and stated this is
a regular session of the City Council called for
Mayor Buol read the call and stated this is the purpose of conducting such business that
a special session of the City Council called for may properly come before the City Council.
the purpose of conduding a walking tour wnrk
session of the Upper Bee Branch Creek Res- PLEDGE OF ALLEGIANCE
toration Projed.
PRESENTATION
WORK SESSION
Walking Tour of the Upper Bee Branch 1. Dubuque Eagles' Eyes on the Future:
Creek Restoration Project Michael Duehr of the Fraternal Order of Eagles
introduced 14 members of the Eyes on the
Civil Engineer Deron Muehring and Project Future Youth Committee with mention to those
Manager Steve Brown conducted a walking unable to attend.
tour with the City Council of the Bee Branch
Creek Restoration Projed. Staff focused on PROCLAMATION(S)
the overall progress of the project and ameni-
ties that included: Railroad culverts; fish habi- 1. Arbor Day(April 28, 201� was accepted
tats; amphitheater; architectural water fea- by Laura Roussell, 3224 Bittersweet Ln., with
tures; vegetation/landscaping components, representatives of Dubuque Trees Forever.
choices and interadivities; visitor and residen-
tial parking allowances; pervious paving sur- 2. Dubuque Days of Caring (April 28, 2017)
faces; current and future flood/stormwater mit- was accepted by Dubuque Days of Caring
igation projeds; orchard area and green spac- Chairperson Jessy Ehrlich.
es; educational and recreational components;
bike/hike trail connedions; safety features and CONSENT ITEMS
ADA accessibility; design selection of bench-
es, trash receptacles and signage; electronic Motion by Connors to receive and file the
message boards; bus stops; 24t° Street over- documents, adoptthe resolutions, and dispose
look; memorial and sponsorship opportunities; of as indicated. Seconded by Jones. Council
and state and federal funding. Member Resnick requested #11 U.S. Postal
Service Parking Purchase Agreement be held
Staff responded to questions from resi- for separate discussion. Motion carried 6-0.
dents attending the tour.
1. Minutes and Reports Submitted: Cable
There being no further business, upon mo- TV Commission of 4/5; City Council Proceed-
tion the City Council adjourned at 6:41 p.m. ings of 4/3, 4/10; Five Flags Civic Center
Commission of 3/27; Historic Preservation
/s/Kevin S. Firnstahl, CMC, City Clerk Commission of 3/16; Human Rights Commis-
sion of 3/13; Long Range Planning Advisory
Commission of 3/15; Resilient Community
Advisory Commission of 4/6; Zoning Advisory
Commission of 4/5; Proof of Publication for
City Council. Proceedings of 3/20. Upon mo-
tion the documents were received and filed.
Book 147 Regular Session April 17, 2017 160
2. Notice of Claims and Suits: Lindsy RESOLUTION NO. 90-17-A
Nadermann for property damage; Gene Allen RESOLUTION NUNC PRO TUNC CORRECT-
Ninneman for property damage; and Jade ING AND AMENDING A SCRIVENER'S ER-
Wiegel for vehicle damage. Upon motion the ROR IN CERTAIN LEGAL DESCRIPTIONS
documents were received and filed and re- INCLUDED IN THE AMENDED AND RE-
ferred to the City Attorney. STATED URBAN RENEWAL PLAN FOR
THE GREATER DOWNTOWN URBAN RE-
3. Disposition of Claims: City Attorney ad- NEWAL DISTRICT
vising that the following claims have been re- Whereas, by Resolution No. 90-17, adopt-
ferred to Public Entity Risk Services of lowa, ed March 6, 2017, this Council found and de-
the agent for the lowa Communities Assurance termined that certain areas located within the
Pool: Lindsy Nadermann for property damage; City are eligible and should be designated as
Gene Ninneman for property damage; and an urban renewal area under lowa law, and
Jade Wiegel for vehicle damage. Upon motion approved and adopted the Amended and Re-
the documents were received, filed and con- stated Urban Renewal Plan (the "Urban Re-
curred. newal Plan" or "Plan") for the Greater pown-
town Urban Renewal District (the "Urban Re-
4. Bee Branch Creek Grand Opening Invi- newal DistricY' or "Distrid") described therein;
tation: City Manager providing the invitation for and
the Bee Branch Creek grand opening on Whereas, the Urban Renewal Plan ap-
Wednesday, July 19, 2017 at the Bee Branch proved and adopted by Resolution No. 90-17
Amphitheater. Upon motion the document was contained a scrivener's error in the legal de-
received and filed. scription of the Industrial Harbor Subarea and
the 15t° Street Subarea; and
5. Consent Decree Semi Annual Report Whereas, correcting the scrivener's error
March 31, 2017: City Manager transmitting the does not change the parcels of land which
March 31, 2017 Semi Annual Consent Decree were intended to be included in the Urban Re-
Report that has been submitted to the United newal District; and
State Environmental Protection Agency as Whereas, the Council has determined to
required by the Consent Decree. Upon motion adopt this resolution nunc pro tunc, correcting
the documents were received and filed. the scrivener's error in the legal descriptions of
the Industrial Harbor Subarea and the 15�n
6. Request for Proposal -Water Meter Re- Street Subarea contained in the Urban Re-
placement Project- Vernon Water System and newal Plan for the Urban Renewal District.
Barrington Lakes Subdivision: City Manager NOW, THEREFORE, BE IT RESOLVED
recommending approval to issue a Request for BY THE CITY COUNCIL OF DUBUQUE, 10-
Proposal for the Westside Water System Im- WA:
provements, Water Meter Replacement Pro- Section 1. That the findings and conclu-
ject that would solicit bids from lowa licensed sions set forth or contained in the Urban Re-
plumbing contractors to replace the existing newal Plan concerning the area of the City of
approximately 320 water meters with the cur- Dubuque, State of lowa, described in the pre-
rent City of Dubuque water meter system amble hereof and in Resolution No. 90-17, be
hardware in Cedar Crest, Key City, Wildwood and the same are hereby ratified and con-
Estates Subdivisions (known as the Vernon firmed in all respects as the findings of this
Water System) and Barrington Lakes Subdivi- Council for the Urban Renewal District with the
sion. exception of the amended legal description as
set forth below.
7. Greater powntown Urban Renewal Dis- Section 2. The legal descriptions of the In-
trict Amendment - Resolution Nunc Pro Tunc: dustrial Harbor Subarea and the 15�° Street
City Manager recommending approval of a Subarea contained in the Urban Renewal Plan
Resolution correcting the legal description in approved and adopted by Resolution No. 90-
the Amended and Restated Urban Renewal 17 on March 6, 2017, are hereby corrected,
Plan for the Greater powntown Urban Renew- nunc pro tunc, to provide as set forth in the
al District adopted March 6, 2017. Upon mo- legal descriptions of such subareas attached
tion the documents were received and filed hereto as Attachment D.
and Resolution No. 90-17A Nunc Pro Tunc Section 3. The attached Attachment D
correcting and amending a scrivener's error in shall be substituted in lieu of the original At-
certain legal descriptions included in the tachment D contained in the Urban Renewal
Amended and Restated Urban Renewal Plan Plan.
for the Greater powntown Urban Renewal Section 4. That all other provisions of the
District was adopted. Urban Renewal Plan not affeded or otherwise
revised by this resolution, as well as all resolu-
tions previously adopted by this City Council
Book 147 Regular Session, April 17, 2017 161
related to the Urban Renewal Plan be and the Resolution No. 101-17, be and the same are
same are hereby ratified, confirmed and ap- hereby ratified and confirmed in all respects as
proved in all respects. the findings of this Council for the Urban Re-
Passed, approved and adopted this 17t° newal Area with the exception of the amended
day of April, 2017. legal description as set forth below.
Roy D. Buol, Mayor Sedion 2. The legal description of the Ur-
Attest: Kevin S. Firnstahl, City Clerk ban Renewal Projed Area contained in the
Urban Renewal Plan approved and adopted by
8. South Pointe Housing Urban Renewal Resolution No. 101-17 on March 20, 2017, are
Area - Resolution Nunc Pro Tunc: City Man- hereby corrected, nunc pro tunc, to provide as
ager recommending approval of a Resolution set forth in the legal descriptions of such area
correcting the legal description in the Urban attached hereto as Attachment D.
Renewal Plan for the South Pointe Housing Section 3. The attached Attachment D
Urban Renewal Area adopted March 11, 2017. shall be substituted in lieu of the original At-
Upon motion the documents were received tachment D contained in the Urban Renewal
and filed and Resolution No. 101-17A Nunc Plan.
Pro Tunc correcting and amending a scrive- Section 4. That all other provisions of the
ner's error in certain legal descriptions includ- Urban Renewal Plan not affected or otherwise
ed in the Urban Renewal Plan for the South revised by this resolution, as well as all resolu-
Pointe Housing Urban Renewal Distrid was tions previously adopted by this City Council
adopted. related to the Urban Renewal Plan be and the
same are hereby ratified, confirmed and ap-
RESOLUTION NO. 101-17-A proved in all respects.
NUNC PRO TUNC CORRECTING AND Passed, approved and adopted this 17�n
AMENDING A SCRIVENER'S ERROR IN day of April, 2017.
CERTAIN LEGAL DESCRIPTIONS INCLUD- Roy D. Buol, Mayor
ED IN THE URBAN RENEWAL PLAN FOR Attest: Kevin S. Firnstahl, City Clerk
THE SOUTH POINTE HOUSING URBAN
RENEWAL DISTRICT 9. Derby Grange Road Housing Urban Re-
Whereas, by Resolution No. 101-17, newal Area - Resolution Nunc Pro Tunc: City
adopted March 20, 2017, this Council found Manager recommending approval of a resolu-
and determined that certain areas located tion correcting the legal description in the Ur-
within the City and County are eligible and ban Renewal Plan for the Derby Grange Road
should be designated as an urban renewal Housing Urban Renewal Area adopted April 3,
area under lowa law, and approved and 2017. Upon motion the documents were re-
adopted the Urban Renewal Plan (the "Urban ceived and filed and Resolution No. 133-17A
Renewal Plan" or "Plan") for the South Pointe Nunc Pro Tunc Correcting and amending a
Housing Urban Renewal Area (the "Urban scrivener's error in certain legal descriptions
Renewal Area" or "Area") described therein; included in the Urban Renewal Plan for the
and Derby Grange Road Housing Urban Renewal
Whereas, the Urban Renewal Plan ap- District was adopted.
proved and adopted by Resolution No. 101-17
contained a scrivener's error in the legal de- RESOLUTION NO. 133-17-A
scription of the Urban Renewal Project Area; NUNC PRO TUNC CORRECTING AND
and AMENDING A SCRIVENER'S ERROR IN
Whereas, correcting the scrivener's error CERTAIN LEGAL DESCRIPTIONS INCLUD-
does not change the parcels of land which ED IN THE URBAN RENEWAL PLAN FOR
were intended to be included in the Urban Re- THE DERBY GRANGE ROAD HOUSING
newal Area; and URBAN RENEWAL DISTRICT
Whereas, the Council has determined to Whereas, by Resolution No. 133-17,
adopt this resolution nunc pro tunc, correding adopted April 3, 2017, this Council found and
the scrivener's error in the legal description of determined that certain areas located within
the Urban Renewal Project Area contained in the City and County are eligible and should be
the Urban Renewal Plan for the Urban Re- designated as an urban renewal area under
newal Area. lowa law, and approved and adopted the Ur-
NOW, THEREFORE, BE IT RESOLVED ban Renewal Plan (the "Urban Renewal Plan"
BY THE CITY COUNCIL OF DUBUQUE, 10- or"Plan") for the Derby Grange Road Housing
WA: Urban Renewal Area (the "Urban Renewal
Sedion 1. That the findings and conclu- Area"or"Area") described therein; and
sions set forth or contained in the Urban Re- Whereas, the Urban Renewal Plan ap-
newal Plan concerning the area of Dubuque proved and adopted by Resolution No. 133-17
County and the City of Dubuque, State of lo- contained a scrivener's error in the legal de-
wa, described in the preamble hereof and in scription of the Urban Renewal Project Area;
Book 147 Regular Session April 17, 2017 162
and AGREEMENT WITH JEFF AND JILL
Whereas, correcting the scrivener's error REIMER FOR THE EXCHANGE OF CER-
does not change the parcels of land which TAIN REAL PROPERTY IN DUBUQUE
were intended to be included in the Urban Re- COUNTY, IOWA LOCATED ALONG CREEK
newal Area; and WOOD DRIVE
Whereas, the Council has determined to Whereas, a property exchange agreement
adopt this resolution nunc pro tunc, correcting with Jeff and Jill Reimer is necessary to facili-
the scrivener's error in the legal description of tate the exchange of tracts of land along Creek
the Urban Renewal Project Area contained in Wood Drive legally described as:
the Urban Renewal Plan for the Urban Re- Lot 1-2 Timber Hyrst Place#2; and
newal Area. Lot 2 Timber Hyrst Place No. 8 (the Prop-
NOW, THEREFORE, BE IT RESOLVED erties); and
BY THE CITY COUNCIL OF DUBUQUE, 10- Whereas, the property exchange is neces-
WA: sary to facilitate construction of Creek Wood
Section 1. That the findings and conclu- Park in Timber Hyrst Subdivision; and
sions set forth or contained in the Urban Re- Whereas, the City Council finds that it is in
newal Plan concerning the area of Dubuque the best interests of the City of Dubuque to
County and the City of Dubuque, State of lo- approve the Property 6cchange Agreement for
wa, described in the preamble hereof and in the Properties; and
Resolution No. 133-17, be and the same are Whereas, Jeff and Jill Reimer have agreed
hereby ratified and confirmed in all respects as to the conditions of the Agreement, attached
the findings of this Council for the Urban Re- hereto.
newal Area with the exception of the amended NOW, THEREFORE, BE IT RESOLVED
legal description as set forth below. BY THE CITY COUNCIL OF THE CITY OF
Sedion 2. The legal description of the Ur- DUBUQUE, IOWA, AS FOLLOWS:
ban Renewal Project Area contained in the 1. The Agreement is hereby approved.
Urban Renewal Plan approved and adopted by 2. The Mayor is hereby authorized and di-
Resolution No. 133-17 on April 3, 2017, are rected to execute such Agreement on behalf of
hereby correded, nunc pro tunc, to provide as the City of Dubuque, lowa.
set forth in the legal descriptions of such area 3. The City Council grants the authority to
attached hereto as Attachment D. the City Manager or the City Manager's de-
Section 3. The attached Attachment D signee to facilitate the property exchange.
shall be substituted in lieu of the original At- Passed, approved and adopted this 17�n
tachment D contained in the Urban Renewal day of April, 2017.
Plan. Roy D. Buol, Mayor
Sedion 4. That all other provisions of the Attest: Kevin F. Firnstahl, City Clerk
Urban Renewal Plan not affeded or otherwise
revised by this resolution, as well as all resolu- 11. U.S. Postal Service - Parking Purchase
tions previously adopted by this City Council Agreement: City Manager recommending ap-
related to the Urban Renewal Plan be and the proval of an Agreement of Purchase and Sale
same are hereby ratified, confirmed and ap- to purchase the 8,474-square foot parking lot
proved in all respects. located at the corner of Locust and 5t° Streets
Passed, approved and adopted this 17t° from the U.S. Postal Service. Motion by Res-
day of April, 2017. nick to receive and file the documents and
Roy D. Buol, Mayor adopt Resolution No. 138-17 Approving an
Attest: Kevin S. Firnstahl, City Clerk Agreement for the Purchase of Real Estate in
the City of Dubuque, lowa commonly referred
10. Property Exchange Agreement - Creek to as The Historic Federal Building Post Office
Wood Park: City Manager recommending ap- Parking Lot from the United States Postal Ser-
proval of the Property 6cchange Agreement vice. Seconded by Connors. Resnick relayed
with Jeff and Jill Reimer exchanging ownership concerns expressed by the owner of the Red-
of Lot 1-2 Timber-Hyrst Place #2 (currently stone Inn about the difficulties with parking in
owned by the City of Dubuque) for Lot 2 Tim- the area, the need for assistance with parking,
ber-Hyrst Place No. 8 (currently owned by the and the hope of purchasing the lot prior to
Reimers). Upon motion the documents were learning of the agreement. Motion carried 6-0.
received and filed and Resolution No. 137-17
Approving a Property Exchange Agreement RESOLUTION NO. 138-17
with Jeff and Jill Reimer for the exchange of APPROVING AN AGREEMENT FOR THE
certain real property in Dubuque County, lowa PURCHASE OF REAL ESTATE IN THE CITY
located along Creek Wood Drive was adopted. OF DUBUQUE, IOWA COMMONLY RE-
FERRED TO AS THE HISTORIC FEDERAL
RESOLUTION NO. 137-17 BUILDING POST OFFICE PARKING LOT
APPROVING A PROPERTY EXCHANGE FROM THE UNITED STATES POSTAL SER-
Book 147 Regular Session, April 17, 2017 163
VICE thereof; and
Whereas, United States Postal Service Whereas, Michael J. and Rebecca M.
was the owner of S. 10 of 34' of Lot 103 City McMahon have entered into a Pre-annexation
Lot 104 in the City of Dubuque, lowa, accord- Agreement with the City of Dubuque a copy of
ing to the United States Commissioners' Map which is attached hereto governing the future
of the Town of Dubuque, lowa (the Property); annexation of the Property; and
and Whereas, the Property is not subjed to an
Whereas, the City Council found that it was existing annexation moratorium; and
in the best interests of the City of Dubuque to Whereas, the Property does not include
purchase the Property for future parking and any state or railroad property; and
redevelopment needs in the city's downtown Whereas, lowa Code Section 368.7 author-
core; and izes the voluntary annexation of property in
Whereas, the Offer to Buy and Acceptance Dubuque County, lowa and the extension of
set forth the terms and conditions of the pur- city limits by voluntary annexation; and
chase of property from United States Postal Whereas, the annexation of the Property is
Service; and consistent with the Comprehensive Plan of the
NOW, THEREFORE, BE IT RESOLVED City of Dubuque, necessary for the future or-
BY THE CITY COUNCIL OF THE CITY OF derly growth and development of the City of
DUBUQUE, IOWA: Dubuque, and will promote efficient and cost
Section 1. That the City Manager is hereby effective extension of municipal services; and
authorized and directed to execute, on behalf Whereas, the City Council finds that the
of the City of Dubuque, lowa, said Agreement. annexation of the Property is in the public in-
Passed, approved and adopted this 17t° terest.
day of April, 2017. NOW THEREFORE, BE IT RESOLVED
Roy D. Buol, Mayor BY THE CITY COUNCIL OF THE CITY OF
Attest: Kevin S. Firnstahl, City Clerk DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement
12. Circles� USA Contract: City Manager by and between Michael J. and Rebecca M.
recommending approval of a one year contract McMahon and the City of Dubuque is hereby
with Circles� USA for use of the Circles� approved.
brand and consulting services for the Dubuque Passed, approved and adopted this 17�n
Circles� Initiatives. Upon motion the docu- day of April, 2017.
ments were received, filed and approved. Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Pre-Annexation Agreement- Michael J.
and Rebecca M. McMahon (Twin Ridge Sub- 14. Pre-Annexation Agreement - Troy M.
division): City Manager recommending ap- and Theresa A. Budde (Key West Drive): City
proval of a Pre-Annexation Agreement with Manager recommending approval of a Pre-
Michael J. and Rebecca M. McMahon, proper- Annexation Agreement with Troy M. and The-
ty owners of Lots 2 and 3 in Twin Ridge Sub- resa A. Budde, for property located at 10906
division No. 5. Upon motion the documents Key West Drive. Upon motion the documents
were received and filed and Resolution No. were received and filed and Resolution No.
139-17 Approving a Pre-Annexation Agree- 140-17 Approving a Pre-Annexation Agree-
ment between the City of Dubuque, lowa and ment between the City of Dubuque, lowa and
Michael J. and Rebecca M. McMahon was Troy M. and Theresa A. Budde was adopted.
adopted.
RESOLUTION NO. 140-17
RESOLUTION NO. 139-17 APPROVING A PRE-ANNEXATION
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF
AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND TROY M. AND THE-
DUBUQUE, IOWA AND MICHAEL J. AND RESAA. BUDDE
REBECCA M. MCMAHON Whereas, Troy M. and Theresa A. Budde,
Whereas, Michael J. and Rebecca M. the owners of the following described property
McMahon, owners of the following described in Dubuque County, lowa (the Property) have
property in Dubuque County, lowa (the Proper- submitted to the City Council of the City of
ty) have submitted to the City Council of the Dubuque an application for voluntary annexa-
City of Dubuque an application for voluntary tion of the Property to the City of Dubuque:
annexation of the Property to the City of Parcel No. 1 51 21 02003: Lot 2 of the
Dubuque: subdivision of Lot 1 of Lot 2 of Lot 2 of
Lots 2 and Lot 3 in Twin Ridge Subdivi- Mineral Lot 479, a subdivision in the
sion No. 5 in Section 12 in Table NW '/a of Section 12, Township 88
Mound Township, Dubuque County, North Range 2 East of the 5th P.M.,
lowa, according to the recorded plat Table Mound Township, Dubuque
Book 147 Regular Session April 17, 2017 164
County, lowa, according to the record- Water Plant Operator
ed plats thereof; and 1. Michael Felton, 2. Jared Charland, 3. Luke
Whereas, Troy M. and Theresa A. Budde, Meadows, 4. Matt McGuire, 5. Timothy 011en-
have entered into a Pre-annexation Agreement dick, 6. Cody Grill, 7. Adam Merkes, 8. Justin
with the City of Dubuque a copy of which is Licht, 9. Sean Schriver, 10. Kevin Munson, 11.
attached hereto, governing the future annexa- Nick Connolly, 12. Bryan Ortiz, 13. Jonathan
tion of the Property; and Anderson, 14. Samuel Feehan, 15. Bryan
Whereas, the Property is not subject to an Hoffmann, 16. David Apel, 17. Christopher
existing annexation moratorium; and Lester, 18. Adam Decker, 19. Patrick Faley,
Whereas, the Property does not include 20. Lucas Gonyier and 21. Phillip Heim
any state or railroad property; and Respectfully submitted,
Whereas, lowa Code Section 368.7 author- /s/Dan White, Chairman
izes the voluntary annexation of property in Civil Service Commission
Dubuque County, lowa and the extension of
city limits by voluntary annexation; and March 28, 2017
Whereas, the annexation of the Property is Honorable Mayor and
consistent with the Comprehensive Plan of the Members of the City Council
City of Dubuque, necessary for the future or- In accordance with Chapter 400 of the
derly growth and development of the City of Code of lowa, a promotional examination for
Dubuque, and will promote efficient and cost the position of Public Works Field Supervisor
effective extension of municipal services; and was administered on February 28, 2017. We
Whereas, the City Council finds that the hereby certify that the individuals listed below
annexation of the Property is in the public in- have passed this written examination and the
terest. vacancy for this position should be made from
NOW THEREFORE, BE IT RESOLVED this list and that this list is good for two (2)
BY THE CITY COUNCIL OF THE CITY OF yearsfrom above date.
DUBUQUE, IOWA: Public Works Field Supervisor
Section 1. The Pre-annexation Agreement 1. Charlie Gau, 2. Nicholas Connolly, 3. Paul
by and between Troy M. and Theresa A. Bud- Davis, 4. Nicholas Wilson, 5. Brian Lochner, 6.
de and the City of Dubuque is hereby ap- Robert Barry, 7. Adam Decker, 8. Matt Her-
proved. man, 9. Brian Odefey, 10. Ron Gulyash and
Passed, approved and adopted this 17t° 1 t Chris Lahey
day of April, 2017. Respectfully submitted,
Roy D. Buol, Mayor /s/Dan White, Chairman
Attest: Kevin S. Firnstahl, City Clerk Civil Service Commission
15. Five Flags Civic Center - Fiscal Year 17. Approval of Plat of Survey - 1065 Jack-
2017 Detailed Operating Budget: City Manager son Street Right-of-Way: City Manager rec-
recommending approval of the detailed Fiscal ommending approval of the Plat of Survey of
Year 2017 Operating Budget for the Five Flags Lot 1 and Lot 2 of City Lot 386A to facilitate the
Civic Center submitted by SMG. Upon motion construction of the proposed deck and access
the documents were received, filed and ap- ramp improvements at 1065 Jackson Street for
proved. SR Jackson Real Estate, LLC. Upon motion
the documents were received and filed and
16. Civil Service Commission: Civil Service Resolution No. 141-17 Approving Plat of Pro-
Commission submitting the Certified Lists for posed Vacated Right-of-Way of a portion of
the positions of Water Plant Operator and Pub- Jackson Street adjacent to City Lots 384, 385,
lic Works Field Supervisor. Upon motion the 386, 387, and the South Half of 388, said right
documents were received, filed and made a of way being a part of City Lot 386A, in the
Matter of Record. City of Dubuque, lowa was adopted.
March 28, 2017 RESOLUTION NO. 141-17
Honorable Mayor and APPROVING PLAT OF PROPOSED VA-
Members of the City Council CATED RIGHT OF WAY OF A PORTION OF
In accordance with Chapter 400 of the JACKSON STREET ADJACENT TO CITY
Code of lowa, an examination for the position LOTS 384, 385, 386, 387, AND THE SOUTH
of Water Plant Operator was administered on HALF OF 388, SAID RIGHT OF WAY BEING
February 22, 2017. We hereby certify that the A PART OF CITY LOT 386A, IN THE CITY
individuals listed below have passed this writ- OF DUBUQUE, IOWA
ten examination and the vacancy for this posi- Whereas, there has been presented to the
tion should be made from this list and that this City Council of the City of Dubuque, lowa, a
list is good for two (2) years from above date. plat dated March 10, 2017 prepared by Bues-
ing and Associates, lnc., showing the vacated
Book 147 Regular Session, April 17, 2017 165
portion of Jackson Street adjacent to City Lots Dubuque, lowa hereby endorses the attached
384, 385, 386, 387 and the south half of 388, application to the lowa Department of Trans-
and assigned lot numbers thereto, to be known portation, which includes a City match.
as Lot 1 and Lot 2 of City Lot 386A, in the City Section 2. The lowa Department of Trans-
of Dubuque, lowa; and portation application will include requests and
Whereas, said plat conforms to the laws mandatory certifications by the City of Dubu-
and statutes pertaining thereto. que as follows:
NOW, THEREFORE, BE IT RESOLVED From the State Transit Assistance
BY THE CITY COUNCIL OF THE CITY OF Program: 1.898675% of formula funds,
DUBUQUE, IOWA: Total: $273,866
Section 1. That the plat dated March 10, From federal funds for transit in
2017 prepared by the Buesing and Associates, non-urbanized areas and/or for transit
Inc., relative to the real estate hereinabove serving primarily elderly persons and
described be and the same is hereby ap- persons with disabilities: $45,477
proved, and the Mayor and City Clerk be and From statewide federal capital as-
they are hereby authorized and directed to sistance for transit: $0
execute said plat for and on behalf of the City From statewide capital assistance
of Dubuque, lowa. (PTIG)for transit: $401,445
Section 2. That the City Clerk be and is From statewide federal-pass
hereby authorized and directed to file said plat through discretionary assistance (In-
and certified copy of this resolution in the office terCity Bus Marketing Grant) for transit:
of the Recorder in and for Dubuque County, $7,500
lowa. We understand acceptance of fed-
Passed, approved and adopted this 17t° eral transit assistance involves an
day of April, 2017. agreement to comply with certain labor
Roy D. Buol, Mayor protection provisions.
Attest: Kevin S. Firnstahl, City Clerk We certify that the City of Dubu-
que/The Jule has sufficient non-federal
18. lowa Department of Transportation funds or sufficient in-kind match to pro-
(IDOT) - Transit Consolidated Funding Appli- vide required local match for capital
cation: City Manager recommending approval projects and at time of delivery will
of the submittal of the Consolidated Funding have the funds to operate and maintain
Application to the lowa Department of Trans- vehicles and equipment purchased un-
portation for The Jule's annual operating and derthiscontrad.
maintenance allocations, the Lobbying Cost We request that State Transit As-
Certificate, Certificate of Cost Allocation Plan sistance formula funding be advanced
and Authorizing Resolution. Upon motion the as allowed by law, to improve system
documents were received and filed and Reso- cash flow.
lution No. 142-17 Approval of Grant Applica- Sedion 3. That Candace Eudaley-
tion to lowa DOT for Consolidated Funding Loebach, Transit Manager, is authorized on
was adopted. behalf of the City Council, to apply for financial
assistance and to enter into related contract(s)
RESOLUTION NO. 142-17 with the lowa Department of Transportation.
AUTHORIZING RESOLUTION APPROVAL Passed, adopted and approved this 17�n
OF GRANT APPLICATION TO IOWA DOT day of April, 2017.
FOR CONSOLIDATED FUNDING Roy D. Buol, Mayor
Whereas, the City of Dubuque provides Attest: Kevin S. Firnstahl, City Clerk
fixed-route and paratransit services for the
citizens of Dubuque; and 19. Master Licensing Agreement (MLA)
Whereas, the lowa Department of Trans- with Mobilitie/Nehnrork Technology IA LLC: City
portation (IDOT) is a pass-through funding Manager recommending approval of a Master
entity for federal capital and operating funds; Licensing Agreement with Mobilitie/Network
and Technology IA LLC, which represents one
Whereas, the City has historically applied portion of a comprehensive strategy to im-
through the IDOT for these funds; and prove the connedivity of Dubuque through
Whereas, the City Council finds that the new broadband and wireless investments.
applying for the funds to be beneficial to the Upon motion the documents were received,
continued provision of transit service for the filed and approved.
citizens of Dubuque. 20. Proposed Incentive to Assist Down-
NOW THEREFORE, BE IT RESOLVED town Building Owners with Fire Escape Com-
BY THE CITY COUNCIL OF THE CITY OF pliance: City Manager recommending approval
DUBUQUE, IOWA: of an amendment to the Downtown Fa�ade
Section 1. The City Council of the City of Program to include eligibility for financial assis-
Book 147 Regular Session April 17, 2017 166
tance to repair exterior fire escapes. Upon Technical Services, Inc. for the final engineer-
motion the documents were received, filed and ing design phase of the Southwest Arterial
approved. projed.
Passed, approved and adopted this 17�n
21. Southwest Arterial Project Consultant day of April, 2017.
Professional Services Supplemental Agree- Roy D. Buol, Mayor
ment: City Manager recommending Council Attest: Kevin S. Firnstahl, City Clerk
approval of a Resolution authorizing the City
Manager to execute a supplemental agree- 22. Signed Contracts: Five Flags Study
ment with AECOM Technical Services, Inc. and Assessment Contract with Conventions,
which approves revisions to the original scope Sports, and Leisure (CSL); Release of Real
of services to the Consultant Professional Ser- Estate Mortgage for Jorja Moore, 890 lowa
vices Contract to complete the final engineer- Street. Upon motion the documents were re-
ing design phase of the Southwest Arterial ceived and filed.
Project. Upon motion the documents were
received and filed and Resolution No. 143-17 23. Alcohol and Tobacco Applications: City
Approving the Consultant Professional Ser- Manager recommending approval of annual
vices - Supplemental Agreement No. 18 be- liquor, beer, wine and tobacco license applica-
tween AECOM Technical Services, Inc. and tions as submitted. Upon motion the docu-
the City of Dubuque for the completion of final ments were received and filed and Resolution
Engineering Design Phase of the Southwest No. 144-17 Approving applications for beer,
Arterial Project was adopted. liquor, and/or wine permits, as required by City
of Dubuque Code of Ordinances Title 4 Busi-
RESOLUTION NO. 143-17 ness and License Regulations, Chapter 2 Liq-
APPROVING THE CONSULTANT PROFES- uor Control, Article B Liquor, Beer and Wine
SIONAL SERVICES -SUPPLEMENTAL Licenses and Permits; and Resolution No.
AGREEMENT NO. 18 BETWEEN AECOM 144-17A Approving applications for retail ciga-
TECHNICAL SERVICES, INC. AND THE rette/tobacco sales/nicotine/vapor permits, as
CITY OF DUBUQUE FOR THE COMPLE- required by lowa Code Chapter 453A.47A
TION OF FINAL ENGINEERING DESIGN were adopted.
PHASE OF THE SOUTHWEST ARTERIAL
PROJECT RESOLUTION NO. 144-17
Whereas, the City of Dubuque is proceed- APPROVING APPLICATIONS FOR BEER,
ing with the Southwest Arterial Project, from LIQUOR, AND/OR WINE PERMITS, AS RE-
U.S. Highway 20 to U.S. Highway 61/151, in QUIRED BY CITY OF DUBUQUE CODE OF
Dubuque, lowa; and ORDINANCES TITLE 4 BUSINESS AND LI-
Whereas, as a result of lowa DOT specifi- CENSE REGULATIONS, CHAPTER 2 LIQ-
cation modifications, the original scope of ser- UOR CONTROL, ARTICLE B LIQUOR,
vices needs to be revised to reflect modifica- BEER AND WINE LICENSES AND PERMITS
tions to previously-completed design elements, Whereas, applications for Beer, Liquor,
as well as new tasks which are required to and or Wine Permits have been submitted and
continue to advance the completion of the final filed with the City Council for approval and the
engineering design phase; and same have been examined and approved; and
Whereas, the Consultant Professional Ser- Whereas, the premises to be occupied by
vices - Supplemental Agreement authorizes such applicants were inspected and found to
AECOM to provide the revised scope of ser- comply with the Ordinances of the City and the
vices to continue to advance the completion of applicants have filed the proper fees and
the final engineering design phase. bonds and otherwise complied with the re-
NOW THEREFORE, BE IT RESOLVED quirements of the Code of Ordinances.
BY THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED
DUBUQUE, IOWA: BY THE CITY COUNCIL OF THE CITY OF
Sedion 1. That said Consultant Profes- DUBUQUE, IOWA:
sional Services- Supplemental Agreement No. Section 1. The City Clerk is hereby author-
18 between AECOM Technical Services, Inc. ized and direded to cause to be issued the
and the City of Dubuque for the final engineer- noted permit types to the following applicants
ing design phase of the Southwest Arterial pending submission of the locally required
project is hereby approved, subject to the con- documentation:
currence of the lowa Department of Transpor- Renewals
tation. Catfish Charlie's, 1630 E. 16t°St., Class C
Section 2. That the City Manager be au- Liquor, BrewPub, High Proof BrewPub,
thorized and directed to execute three copies (Outdoor) (Sunday)
of said Consultant Professional Services - Dubuque Lodge No. 355, 2635 Windsor Ave.,
Supplemental Agreement No. 18 with AECOM Class A Liquor(Outdoor) (Sunday)
Book 147 Regular Session, April 17, 2017 167
Loras College Campus Center, 1450 Alta Vista Section 1. The City Clerk is hereby author-
St., Class C Liquor (Catering) (Sunday) ized and direded to cause to be issued the
Marco's, 2022 Central Ave., Class C Liquor following named applicants and locations for
Monks Kaffee Pub, 373 Bluff St., Class C Liq- cigarette/tobacco sales permit.
uor(Outdoor) (Sunday) Beecher Liquor, 1691 Asbury Rd.
Oky Doky#8 Foods, 535 Hill St., Class E Liq- Beecher Liquor, 1695 Asbury Rd.
uor, Class B Wine, Class C Beer(Sunday) Passed, approved and adopted this 17�n
Olive Garden#1516, 3350 Dodge St., Class C day of April, 2017.
Liquor(Sunday) Roy D. Buol, Mayor
Paro Food Mart, 3200 Central Ave., Class C Attest: Kevin S. Firnstahl, City Clerk
Beer(Sunday)
Port of Dubuque Marina, 450 East 3rd St., ITEMS SET FOR PUBLIC HEARING
Class B Beer, Class B Native Wine (Out-
door) (Sunday) The 2017 Sanitary Sewer Cured-in-Place
Shot Tower Inn, 390 Locust St., Class C Liq- Pipe (CIPP) Lining Project was removed from
uor(Sunday) the agenda prior to motion.
Stone Cliff Winery, 600 Star Brewery Dr.,
Class C Native Wine(Outdoor) (Sunday) Motion by Jones to receive and file the
The Hub, 253 Main St., Class C Liquor(Sun- documents, adopt the resolutions, set the pub-
day) lic hearings as indicated, and dired the City
Whiskey River, 1064 University Ave., Class C Clerk to publish notice as prescribed by law.
Liquor(Sunday) Seconded by Connors. Motion carried 6-0.
New
Beecher Liquor, 1695 Asbury Rd., Class E 1. Vacating Petition - 1065 Jackson Street
liquor, Class B Wine, Class C Beer(Sun- Right-of-Way: City Manager recommending
day) that a public hearing be set for May 1, 2017,
McAleece Park and Recreation (6 Month Li- on the disposition of the City's interest in Jack-
cense), 1801 Admiral Sheehy Dr., Class B son Street right-of-way between 10�° Street
Beer, Class B Native Wine (Outdoor) and 11t° Street adjacent to SR Jackson Real
(Sunday) Estate, LLC warehouse building, 1065 Jack-
Tavern on the Main, 920 Main St., Class C son Street. Upon motion the documents were
Liquor received and filed and Resolution No. 145-17
Special Event Resolution of Intent to vacate and dispose of
Catfish Charlie's 5/11, 145 N. Crescent Ridge, City interest in a portion of Jackson Street ad-
Class B Beer(Outdoor) jacent to City Lots 384, 385, 386, 387, and the
Dubuque County Fine Arts Society 5/19 to south half of 388, said right of way being a part
5/21, Town Clock Plaza and Washington of City Lot 386A, in the City of Dubuque, lowa
Park, Class B Beer(Outdoor) (Sunday) to SR Jackson Real Estate LLC was adopted
Dubuque Jaycees 6/16, 7/21, 8/18 and 9/1, setting a public hearing for a meeting to com-
890 lowa St., Class B Beer (outdoor) mence at 6:00 p.m. on May 1, 2017 in the His-
Passed, approved and adopted this 17t° toric Federal Building.
day of April, 2017.
Roy D. Buol, Mayor RESOLUTION NO. 145-17
Attest: Kevin S. Firnstahl, City Clerk INTENT TO VACATE AND DISPOSE OF
CITY INTEREST IN A PORTION OF JACK-
RESOLUTION NO. 144-17A SON STREET ADJACENT TO CITY LOTS
APPROVING APPLICATIONS FOR RETAIL 384, 385, 386, 387, AND THE SOUTH HALF
CIGARETTE I TOBACCO SALES I NICO- OF 388, SAID RIGHT OF WAY BEING A
TINE/VAPOR PERMITS, AS REQUIRED BY PART OF CITY LOT 386A, IN THE CITY OF
IOWA CODE 453A.47A DUBUQUE, IOWA TO SR JACKSON REAL
Whereas, applications for Cigarette / To- ESTATE LLC
bacco Sales have been submitted and filed Whereas, SR Jackson Real Estate LLC
with the City Council for approval and the has requested the vacating of a portion of
same have been examined and approved; and Jackson Street adjacent to City Lots 384, 385,
Whereas, the premises to be occupied by 386, 387 and the south half of 388; and
such applicants were inspected and found to Whereas, Buesing and Associates, Inc.
comply with the Ordinances of the City and the has prepared and submitted to the City Coun-
applicants have filed the proper fees and oth- cil a plat showing the vacated portion of Jack-
erwise complied with the requirements of the son Street adjacent to City Lots 384, 385, 386,
Code of Ordinances. 387 and the south half of 388, and assigned lot
NOW, THEREFORE, BE IT RESOLVED numbers thereto, to be known as Lot 1 and Lot
BY THE CITY COUNCIL OF THE CITY OF 2 of City Lot 386A, in the City of Dubuque,
DUBUQUE, IOWA: lowa.
Book 147 Regular Session April 17, 2017 168
NOW THEREFORE, BE IT RESOLVED City Clerk for public inspedion.
BY THE CITY COUNCIL OF THE CITY OF A public hearing will be held on the 1��day
DUBUQUE, IOWA: of May, 2017, at 6:00 p.m. in the Historic Fed-
Section 1. That the City of Dubuque in- eral Building Council Chambers (second floor)
tends to vacate and dispose of its interest in 350 W. 6t° Street, Dubuque, lowa, at which
Lot 2 of City Lot 386A, in the City of Dubuque, time interested persons may appear and be
lowa to SR Jackson Real Estate LLC as heard for or against the proposed plans and
agreed upon between the City of Dubuque, specifications, form of contract and estimated
lowa and SR Jackson Real Estate LLC. cost of said Project, and the City Clerk be and
Sedion 2. That a public hearing on the in- is hereby directed to cause the attached notice
tent to vacate and dispose of Lot 2 of City Lot of the time and place of such hearing to be
386A, in the City of Dubuque, lowa to SR published in a newspaper having general cir-
Jackson Real Estate LLC is hereby set for the culation in the City of Dubuque, lowa, which
1�� day of May, 2017, at the Historic Federal notice shall be published not less than four
Building, 350 W. 6t° Street, Dubuque, lowa, days nor more than twenty days prior to the
beginning at 6:00 p.m., and the City Clerk be date of such hearing. At the hearing, any inter-
and is hereby authorized and directed to cause ested person may appear and file objections to
a notice of public hearing on the intent to va- the proposed plans, specifications, form of
cate and dispose of said real estate to be pub- contract, or estimated cost of the Project.
lished in the manner as prescribed by law. The 2017 Pavement Marking Project is
Passed, approved and adopted this 17t° hereby ordered to be advertised for bids for
day of April, 2017. construction.
Roy D. Buol, Mayor The amount of the security to accompany
Attest: Kevin S. Firnstahl, City Clerk each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
2. 2017 Sanitary Sewer Cured-In-Place ders hereby approved.
Pipe (CIPP) Lining Project: This item was re- The City Engineer is hereby directed to ad-
moved from the agenda. vertise for bids for the construction of the im-
provements herein provided, by publishing the
3. 2017 Pavement Marking Project: City attached Notice to Bidders to be published on
Manager recommending that the City Council the City of Dubuque website and a contractor
grant preliminary approval of the construction plan room service with statewide circulation,
plans and specifications, and establish May 1, which notice shall be published not less than
2017, as the date for public hearing for the thirteen but not more than forty-five days be-
2017 Pavement Marking Project. Upon motion fore the date for filing bids before 2:00 p.m. on
the documents were received and filed and the 4t° day of May, 2017. Bids shall be opened
Resolution No. 146-17 Preliminary approval of and read by the City Clerk at said time and will
plans, specifications, form of contract, and be submitted to the City Council for final action
estimated cost; setting date of public hearing at 6:00 p.m. on the 15t° day of May, 2017, in
on plans, specifications, form of contract, and the Historic Federal Building Council Cham-
estimated cost; and ordering the advertise- bers (second floor), 350 West 6t° Street,
ment for bids was adopted setting a public Dubuque, lowa.
hearing for a meeting to commence at 6:00 Passed, adopted and approved this 17�n
p.m. on May 1, 2017 in the Historic Federal day of April, 2017.
Building. Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 146-17
2017 PAVEMENT MARKING PROJECT BOARDS/COMMISSIONS
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT, Appointments were made to the following
AND ESTIMATED COST; SETTING DATE boards/commissions.
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 2017
Pavement Marking Project in the estimated
amount $112,091.52, are hereby preliminarily
approved and ordered filed in the office of the
Book 147 Regular Session, April 17, 2017 169
1. Civil Service Commission: One, 3-year OFFICIAL PUBLICATION
term through April 6, 2020 (Expiring term of ORDINANCE NO. 15-17
White). Applicant: Daniel White, 2919 Elm St. AN ORDINANCE AMENDING TITLE 16 OF
Upon City Council concurrence, Mayor Buol THE CITY OF DUBUQUE CODE OF ORDI-
appointed Daniel White to a 3-year term NANCES, UNIFIED DEVELOPMENT CODE,
through April 6, 2020. BY RECLASSIFYING HEREINAFTER DE-
SCRIBED PROPERTY LOCATED AT THE
2. Community Development Advisory NORTHWEST CORNER OF ASBURY ROAD
Commission: One, 3-year term through Febru- AND EVERGREEN DRIVE FROM R-2 TWO-
ary 15, 2020 (Expiring At-Large Term of FAMILY RESIDENTIAL DISTRICT TO OR
James. Applicant: Lindsay James, 2494 Pearl OFFICE RESIDENTIAL DISTRICT
St. Motion by Connors to appoint Lindsay NOW, THEREFORE, BE IT ORDAINED
James to a 3-year term through February 15, BY THE CITY COUNCIL OF THE CITY OF
2020. Seconded by Del Toro. Motion carried 6- DUBUQUE, IOWA:
0. Sedion 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
3. Mediacom Charitable Foundation: One, opment Code, is hereby amended by reclassi-
1-year term through December 31, 2017 (6c- fying the hereinafter—described property from
pired Term of Twining). Applicant: Constance R-2 Two-Family Residential District to OR Of-
Twining, 421 N. Booth St. Motion by Connors fice Residential District, to wit:
to appoint Constance Twining to a 1-year term Lot 1 Block 2 Clover Hills Subdivision,
through December 31, 2017. Seconded by to the centerline of the adjoining public
Resnick. Motion carried 6-0. right-of-way, all in the City of Dubuque, lo-
wa.
PUBLIC HEARINGS Section 2. That the foregoing amendment
has heretofore been reviewed by the Zoning
1. Request to Rezone - Northwest Corner Advisory Commission of the City of Dubuque,
of Asbury Road and Evergreen Drive: Proof of lowa.
publication on notice of public hearing to con- Sedion 3. This Ordinance shall take effect
sider approval of a request from Rick Ehrlich to immediately upon publication as provided by
rezone property located at the northwest cor- law.
ner of Asbury Road and Evergreen Drive from Passed, approved and adopted this 17�n
R-2 Two-Family Residential to OR Office Res- day of April, 2017.
idential, to construct a building to accommo- /s/Roy D. Buol, Mayor
date a home office and the Zoning Advisory Attest: /s/Kevin S. Firnstahl, City Clerk
Commission recommending approval. Motion Published officially in the Telegraph Herald
by Connors to receive and file the documents newspaper on the 21��day of April, 2017.
and that the requirement that a proposed ordi- /s/Kevin S. Firnstahl, City Clerk
nance be considered and voted on for pas-
sage at two Council meetings prior to the 2. Lower Bee Branch Creek Restoration
meeting at which it is to be passed be sus- Project - Floating Island Project Initiation:
pended. Seconded by Del Toro. Rick Ehrlich, Proof of publication on notice of public hearing
558 Mill Run spoke in support of the request. to consider approval of plans, specifications,
Planning Services Manager Laura Carstens form of contract and construction estimate for
provided a staff report. Mr. Ehrlich and Ms. the Lower Bee Branch Creek Floating Island
Carstens responded to question from the City Project in the 16t° Street Detention Basin and
Council regarding off-street parking, modifica- the City Manager recommending approval.
tions to the structure, and concerns about how Motion by Connors to receive and file the doc-
business might impact the area if the property uments and adopt Resolution No. 147-17 Ap-
is sold in the future. Motion carried 6-0. proval of plans, specifications, form of contract
Motion by Connors for final consideration and estimated cost for the Lower Bee Branch
and passage of Ordinance No. 15-17 Amend- Creek Floating Island Project. Seconded by
ing Title 16 of the City of Dubuque Code of Del Toro. Motion carried 5-1 with Del Toro
Ordinances, Unified Development Code, by voting nay.
reclassifying hereinafter described property
located at the northwest corner of Asbury RESOLUTION NO. 147-17
Road and Evergreen Drive from R-2 Twn- APPROVAL OF PLANS, SPECIFICATIONS,
Family Residential District to OR Office Resi- FORM OF CONTRACT, AND ESTIMATED
dential District. Seconded by Resnick. Motion COST FOR THE LOWER BEE BRANCH
carried 6-0. CREEK FLOATING ISLAND PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Book 147 Regular Session April 17, 2017 170
That the proposed plans, specifications, 7. Saturday service along Jackson St and
form of contract and estimated cost for the Central Ave will be reduced to once per hour.
Lower Bee Branch Creek Floating Island Pro- 8. No Saturday service to current Yellow
ject, in the estimated amount$182,900.00, are Line stops including Dubuque Industrial Center
hereby approved. West and Medical Associates West.
Passed, adopted and approved this 17t° Passed, approved and adopted this 17�n
day of April, 2017. day of April, 2017.
Roy D. Buol, Mayor Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk Attest: Kevin S. Firnstahl, City Clerk
3. Proposed Jule Transit Service Reduc- 4. State Revolving Fund (SRF) Loan Envi-
tions and Changes: Proof of publication on ronmental Review for Westside Water System
notice of public hearing to consider approval of Improvements Project: Proof of publication on
selected redudions and changes to the Jule notice of public hearing to discuss the results
Transit fixed-route service and schedules and of the environmental review as provided by the
the City Manager recommending approval. State Revolving Fund's Department of Natural
Staff made a presentation. Motion by Del Toro Resources for the Westside Water System
to receive and file the documents, listen to the Improvements Project. directing staff to submit
presentation and adopt Resolution No. 148-17 the required documentation and the City Man-
Accepting fixed-route service reductions. Se- ager recommending approval. Motion by
conded by Connors. Transit Manager Candace Jones to receive and file the documents and
Eudaley provided a slide presentation that adopt Resolution No. 149-17 Approval of Envi-
summarized the reductions and expansions; ronmental Review as provided by SRF's De-
planning process; IBM Smarter Travel, rid- partment of Natural Resources for the
ership and route data; and planned outreach. Westside Water System Improvement Project.
Motion carried 6-0. Seconded by Resnick. Motion carried 6-0.
RESOLUTION NO. 148-17 RESOLUTION NO. 149-17
ACCEPTING FIXED-ROUTE SERVICE RE- APPROVAL OF ENVIRONMENTAL REVIEW
DUCTIONS AS PROVIDED BY SRF'S DEPARTMENT OF
Whereas, the City of Dubuque provides NATURAL RESOURCES FOR THE
fixed-route and paratransit services for the WESTSIDE WATER SYSTEM IMPROVE-
citizens of Dubuque; and MENTS PROJECT
Whereas, the ridership on Saturday routes Whereas, public notification of the hearing
has been found to be lower than weekdays was advertised on March 17, 2017, 30 days
with opportunity for route combination; and prior to the public hearing per SRF IDNR re-
Whereas, the ridership on the Key West quirements; and on April 7, 2017 to comply
and Fremont routes continue to be the lowest with lowa State Code requirements related to
of all weekday service routes; and public hearings; and
Whereas, the opportunity to combine or Whereas, the environmental review docu-
eliminate low ridership routes provides cost ments as provided by SRF's Department of
savings that can be utilized to increase week- Natural Resources for the Westside Water
day evening service hours. System Improvements project, were available
NOW THEREFORE, BE IT RESOLVED for public viewing; and
BY THE CITY COUNCIL OF THE CITY OF Whereas, a public hearing was held on the
DUBUQUE, IOWA: 17t° day of April 2017, at 6:00 p.m. in the His-
The following Fixed-Route service changes toric Federal Building Council Chambers (sec-
will take effect on August 14, 2017 in conjunc- ond floor) 350 W. 6�° Street, Dubuque, lowa, at
tion with expanded evening service. which time interested persons appeared and
1. The Monday through Saturday Key West heard for or against the proposed environmen-
fixed-route service will be eliminated. tal review of said Project; and
2. The Monday through Saturday Fremont Whereas, a discussion was held on the
fixed-route service will be eliminated. environmental impacts of said project; and
3. No Saturday service along Windsor Ave Whereas, a transcript of the public hearing
from Davis Street to Mount Saint Francis. and a summary of public comments will be
4. No Saturday Service along Hillcrest Rd available for public review.
between Asbury Rd and JFK Rd NOW THEREFORE, BE IT RESOLVED
5. No Saturday service along JFK between BY THE CITY COUNCIL OF THE CITY OF
Asbury Rd and Sunset Park Circle DUBUQUE, IOWA:
6. No Saturday service along Jackson St That the environmental review as provided
between 22od and 32°d Streets. Service is by SRF's Department of Natural Resources for
available on Central Ave between 22od and the Westside Water System Improvements
32od Streets. projed, is hereby approved and staff is di-
Book 147 Regular Session, April 17, 2017 171
rected to submit the required documentation to City of Dubuque for the Project, following such
SRF, lowa Department of Natural Resources approval.
Passed, adopted and approved this 17t° Passed, approved and adopted this 17�n
day of April, 2017. day of April, 2017.
Roy D. Buol, Mayor Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk Attest: Kevin S. Firnstahl, City Clerk
ACTION ITEMS 2. Code of Ordinances Amendment - Title
14 Housing Board of Appeals: City Manager
1. Award of Contract - Westside Water recommending approval of an ordinance which
System Improvements - English Mill and North adjusts a reference to the Housing Code Ap-
Cascade Road Water Main Extension and the peals Board following the adoption of the In-
English Mill Road Pump Station: City Manager ternational Property Maintenance Code and
recommending award of Contract A: English the repeal of the former Housing Code. Motion
Mill and North Cascade Road Water Main Ex- by Jones to receive and file the documents
tension to the apparent low bidder Portzen and that the requirement that a proposed ordi-
Construdion, and the award of Contrad B nance be considered and voted on for pas-
English Mill Road Pump Station to the appar- sage at two Council meetings prior to the
ent low bidder Portzen Construction subject to meeting at which it is to be passed be sus-
the approval of the Department of Natural Re- pended. Seconded by Connors. Motion carried
sources State Revolving Fund Agency. Motion 6-0.
by Connors to receive and file the documents Motion by Jones for final consideration and
and adopt Resolution No. 150-17 Awarding passage of Ordinance No. 16-17 Amending
public improvement contract for Westside Wa- City of Dubuque Code of Ordinances Title 14
ter System Improvements - English Mill and Building and Development, Chapter 1 Building
North Cascade Road Water Main Extension Codes, Article J Property Maintenance Code,
and the English Mill Road Pump Station Pro- Section 14-1J3 Rental Licenses by replacing
jed. Seconded by Jones. Motion carried 6-0. the reference to "Housing Code Appeals
Board" with "Housing Board of Appeals." Se-
RESOLUTION NO. 150-17 conded by Del Toro. Motion carried 6-0.
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR WESTSIDE WATER SYSTEM OFFICIAL PUBLICATION
IMPROVEMENTS ENGLISH MILL 8. NORTH ORDINANCE NO. 16-17
CASCADE ROAD WATER MAIN EXTEN- AMENDING CITY OF DUBUQUE CODE OF
SION AND THE ENGLISH MILL ROAD ORDINANCES TITLE 14 BUILDING AND
PUMP STATION PROJECT DEVELOPMENT, CHAPTER 1 BUILDING
Whereas, sealed proposals have been CODES, ARTICLE J PROPERTY MAINTE-
submitted by contractors for Westside Water NANCE CODE, SECTION 14-1J-3 RENTAL
System Improvements - English Mill & North LICENSES BY REPLACING THE REFER-
Cascade Road Water Main Extension and the ENCE TO "HOUSING CODE APPEALS
English Mill Road Pump Station Project, (the BOARD" WITH "HOUSING BOARD OF AP-
Projed) pursuant to Resolution No. 86-17 and PEALS"
Notice to Bidders published on the City of NOW, THEREFORE, BE IT ORDAINED
Dubuque, lowa website and a contractor plan BY THE CITY COUNCIL OF THE CITY OF
room service with statewide circulation on the DUBUQUE, IOWA:
10t°day of March 2017; and Sedion 1. Section 14-1 J3 of the City of
Whereas, said sealed proposals were Dubuque Code of Ordinances is amended to
opened and read on the 6t° day of April 2017 read as follows:
and it has been determined that Portren Con- 14-1J3: RENTAL LICENSES:
struction, Inc. of Dubuque, lowa, with a Con- . . . .
tract A bid in the amount of$1,119,981.25 and J. Suspension And Revocation Of Rental
Contract B bid in the amount of$943,712.00 is License:
the lowest responsive, responsible bidder for 1. Causes: The city manager may, for good
the Project. cause, suspend or revoke a rental license for a
NOW THEREFORE, BE IT RESOLVED rental unit, and in the case of a multi-family
BY THE CITY COUNCIL OF THE CITY OF dwelling, suspend the license as to one or
DUBUQUE, IOWA: more rental units for a period not to exceed
That a Public Improvement Contract for the one year for any of the following:
Project is hereby awarded, subject to approval a. Conviction, judgment, plea of guilty,
by the Department of Natural Resources SRF or finding of guilt of the licensee for viola-
agency to Portzen Construction, Inc. and the tion of any provision of the property
City Manager is hereby directed to execute a maintenance code;
Public Improvement Contract on behalf of the b. Misrepresentation by the licensee of
Book 147 Regular Session April 17, 2017 172
any material fact in the application for a 3. Greater powntown Urban Renewal Dis-
rental license; trict Amendment - Ordinance Correction: City
c. Refusal by the licensee to permit in- Manager recommending approval of an ordi-
spection of the licensed rental unit(s) by nance correcting the legal description in the
authorized city personnel; Amended and Restated Urban Renewal Plan
d. Nonpayment of the fee for renewal of for the Greater powntown Urban Renewal
the rental license; District adopted March 6, 2017. Motion by
e. Failure to attend the successful rent- Connors to receive and file the documents and
al property management class; or that the requirement that a proposed ordi-
f. Failure to perform a required criminal nance be considered and voted on for pas-
background check on an applicant for ten- sage at two Council meetings prior to the
ancy after July 1, 2011; meeting at which it is to be passed be sus-
g. Failure of a priority category to com- pended. Seconded by Del Toro. Motion carried
ply with an inspection schedule or pay in- 6-0.
spection fees. Tenants will be relocated Motion by Connors for final consideration
from the rental unit at the priority category's and passage of Ordinance No. 6-17A Correct-
expense. ing and amending Ordinance No. 6-17, Provid-
2. Opportunity to Appeal: Prior to any sus- ing that general property taxes levied and col-
pension or revocation under this subsection, lected each year on all Property Located within
the city manager must give notice in writing to the Greater powntown Urban Renewal District
the property owner, manager, or licensed real of the City of Dubuque, County of Dubuque,
estate professional and provide for an oppor- State of lowa, by and for the benefit of the
tunitytoappeal. State of lowa, City of Dubuque, County of
3. Period of Revocation Or Suspension: Dubuque, Dubuque Community School Dis-
During the period of revocation or suspension, trict, and other Taxing Districts, be paid to a
a unit for which the rental license was sus- special fund for payment of principal and inter-
pended or revoked may not be relicensed. est on loans, monies advanced to and indebt-
4. Notice to Licensee: The city manager edness, including bonds issued or to be is-
shall cause to be issued to the licensee a no- sued, incurred by said City in connection with
tice that the license is suspended or revoked, the Amended and Restated Urban Renewal
setting forth the reason(s) therefor. The notice Plan for the Greater powntown Urban Renew-
shall be sent by certified United States mail to al District. Seconded by Del Toro. Motion car-
the licensee at the address on file with the city ried 6-0.
manager.
5. Appeal: The licensee may appeal the OFFICIAL PUBLICATION
decision of the city manager to the housing ORDINANCE NO. 6-17-A
board of appeals. An appeal must be filed, in AN ORDINANCE CORRECTING AND
writing, within twenty (20) days from the date AMENDING ORDINANCE NO. 6-17,
of the notice of suspension or revocation. PROVIDING THAT GENERAL PROPERTY
6. Notice to Tenant: Upon suspension or TAXES LEVIED AND COLLECTED EACH
revocation the city manager must give written YEAR ON ALL PROPERTY LOCATED
notice of the suspension or revocation of the WITHIN THE GREATER DOWNTOWN UR-
license to each tenant, requiring the tenant to BAN RENEWAL DISTRICT OF THE CITY OF
vacate the premises within a time frame de- DUBUQUE, COUNTY OF DUBUQUE, STATE
termined by the city manager. Any tenant who OF IOWA, BY AND FOR THE BENEFIT OF
fails to vacate the premises after such time THE STATE OF IOWA, CITY OF DUBUQUE,
shall be subject to penalties under titl�1 COUNTY OF DUBUQUE, DUBUQUE COM-
chapter 4 of this code. MUNITY SCHOOL DISTRICT, AND OTHER
. . . . TAXING DISTRICTS, BE PAID TO A SPE-
Sedion 2. This Ordinance takes effect up- CIAL FUND FOR PAYMENT OF PRINCIPAL
on publication. AND INTEREST ON LOANS, MONIES AD-
Passed, approved, and adopted the 17t° VANCED TO AND INDEBTEDNESS, IN-
day of April, 2017. CLUDING BONDS ISSUED OR TO BE IS-
/s/Roy D. Buol, Mayor SUED, INCURRED BY SAID CITY IN CON-
Attest: /s/Kevin Firnstahl, City Clerk NECTION WITH THE AMENDED AND RE-
Published officially in the Telegraph Herald STATED URBAN RENEWAL PLAN FOR
newspaper on the 21��day of April, 2017. THE GREATER DOWNTOWN URBAN RE-
/s/Kevin S. Firnstahl, City Clerk NEWAL DISTRICT
Whereas, by Resolution No. 90-17, adopt-
ed March 6, 2017, this Council found and de-
termined that certain areas located within the
City are eligible and should be designated as
an urban renewal area under lowa law, and
Book 147 Regular Session, April 17, 2017 173
approved and adopted the Amended and Re- southwest corner of said Lot 2A;
stated Urban Renewal Plan (the "Urban Re- Thence northeasterly along the south-
newal Plan") for the Greater powntown Urban erly line of said Lot 2A to the southeast
Renewal District (the "Urban Renewal DistricY' corner thereof; Thence northwesterly
or"Distrid") described therein; and along the easterly line of said Lot 2A to
Whereas, the Urban Renewal Plan ap- the southwest corner of Lot 6 of Kerper
proved and adopted by Resolution No. 90-17 Industrial Park; Thence northeasterly
contained a scrivener's error in the legal de- along the southerly line of said Lot 6 to
scriptions of the Industrial Harbor Subarea and the southeast corner thereof; Thence
the 15t° Street Subarea; and northwesterly along the easterly line of
Whereas, Ordinance No. 6-17 regarding said Lot 6 to the northeast corner
the general property taxes levied and colleded thereof and point of intersection with
with the Urban Renewal District also contained the southerly right of way line of Kerper
a scrivener's error in the legal descriptions of Court; Thence northeasterly along said
the Industrial Harbor Subarea and the 15t° southerly right of way line and exten-
Street Subarea and this amending ordinance sion thereof to a point of intersection
is intended to correct said errors. with the centerline of Kerper Blvd;
NOW, THEREFORE, BE IT ORDAINED Thence northwesterly along said cen-
BY THE City Council OF DUBUQUE, IOWA: terline to a point of intersection with the
Sedion 1: That the legal description of the northerly line of Lot 3 of Kerper Indus-
property located within the Industrial Harbor trial Park extended easterly; Thence
Subarea of the Urban Renewal District and set northwesterly along said extended line
forth in Section 1(p) of Ordinance No. 6-17 is to the northeast corner of said Lot 3,
hereby corrected and amended to read as said point also being on the westerly
follows: right of way line of Kerper Blvd.;
(p) Industrial Harbor Subarea of the Thence northerly along said right of
district shall include that area generally way line to a point of intersection with
bounded by the following description: the northeasterly right of way line of
Commencing as a point of reference at Fengler St.; Thence southeasterly
the intersection of the centerline of E. along the extension of said northeaster-
12t°Street and the westerly right of way ly right of way line crossing Kerper
of Elm Street extended southeasterly, Blvd. to a point of intersection with the
in the City of Dubuque, Dubuque Coun- westerly line of Lot 1A of Block 7 River
ty, lowa, said point being the point of Front Subdivision No. 3, said point be-
beginning; Thence northwesterly along ing on the easterly right of way line of
said westerly right of way line of Elm Kerper Blvd.; Thence southeasterly
Street and extension thereof to a point along said easterly right of way line to a
of intersection with the northerly right of point of intersection with the northerly
way line of E. Fifteenth Street; Thence right of way line of E. 16t° Street;
northeasterly along said northerly right Thence southeasterly crossing E. 16�n
of way line to a point of intersection Street to a point of intersedion of the
with the westerly right of way line of a south right of way line of E. 16th St.
public alley lying between Pine Street and the east right of way line of Kerper
and Maple Street; Thence northwester- Blvd.; Thence northeasterly along the
ly along said westerly right of way line southerly right of way line of E. 16t° St.
to the northeast corner of the North 35 to a point of intersection with the west-
feet of Lot 255 in East Dubuque Addi- erly shore of Peosta Channel; Thence
tion # 2; Thence southwesterly along southeasterly continuing along the
the northwesterly line of said Lot to a westerly shore of Mississippi River ad-
point of intersection with the easterly jacent to the following: Kerper Blvd.,
right of way line of Pine Street; Thence River Front Subdivision No. 2, Part of
northwesterly along said easterly right Government Lot 3, Section 19, T89N,
of way line and extension thereof to the R3E, 5t° P.M., Parts of Congressional
northerly right of way line of E. 16t° Lot 8 in Sedion 19, T89N, R3E, 5�n
Street; Thence northeasterly along said P.M., Dubuque Harbor Improvement
northerly right of way line to the south- Company's Addition, and River Front
west corner of Lot 1 of Kerper Industrial Subdivision No. 1, to a point of inter-
Park; Thence northwesterly and con- sedion with the northerly line of Ice
tinuing northeasterly along the westerly Harbor Urban Renewal Subarea B, de-
line of said Lot 1 to the most northerly scribed as "that area generally bound-
corner thereof; Thence southwesterly ed on the north and west by the Chica-
along the westerly lines of Lot 1-2 and go, Central and Pacific Railroad right-
Lot 2A of Kerper Industrial Park to the of-way, on the south by the northerly
Book 147 Regular Session April 17, 2017 174
boundary of Subarea A and on the east and the same are hereby ratified, confirmed
by the municipal limits of the City of and approved in all respects.
Dubuque including any adjoining public Sedion 4. That if any section, provision or
right-of-way; Thence northwesterly and part of this ordinance shall be adjudged invalid
continuing southwesterly along the nor- or unconstitutional, such adjudication shall not
therly and westerly sides of Ice Harbor affect the validity of the ordinance or any sec-
Urban Renewal Distrid Subarea B to a tion, provision or part thereof not adjudged
point of intersedion with the southerly invalid or unconstitutional.
right of way line of E. 4t° street; Thence Sedion 5. That all ordinances or parts of
southwesterly along said southerly right ordinances in conflict herewith be and the
of way line to a point of intersection same are hereby repealed to the extent of
with the centerline of U.S. Highways such conflict.
61/151; Thence northeasterly along Sedion 6. This Ordinance shall be in effect
said centerline to a point of intersection after its final passage, approval and publica-
with the centerline of E. 12t° Street; tion as provided by law.
Thence southwesterly along said cen- Passed, approved and adopted this 17�n
terline to a point of intersection with the day of April, 2017.
westerly right of way line of Elm St. ex- /s/Roy D. Buol, Mayor
tended, said point being the point of Attest: /s/Kevin S. Firnstahl, City Clerk
beginning; 6ccepting therefrom, the Published officially in the Telegraph Herald
East 7t°Street Subarea. newspaper on the 21��day of April, 2017.
Sedion 2. That the legal description of the /s/Kevin S. Firnstahl, City Clerk
property located within the 15t° Street Subarea
of the Urban Renewal Distrid and set forth in 4. South Pointe Housing Urban Renewal
Sedion 1(bb) of Ordinance No. 6-17 is hereby Area - Ordinance Correction: City Manager
corrected and amended to read as follows: recommending approval of an Ordinance cor-
(bb) 15t° Street Subarea of the distrid recting the legal description in the Urban Re-
shall include that area generally newal Plan for the South Pointe Housing Ur-
bounded by the following description: ban Renewal Area adopted March 20, 2017.
Beginning at the intersection of the nor- Motion by Jones to receive and file the docu-
therly right of way line of East 15t° ments and that the requirement that a pro-
Street and the easterly right of way line posed ordinance be considered and voted on
of Elm Street in the City of Dubuque, for passage at two Council meetings prior to
Dubuque County, lowa; the meeting at which it is to be passed be sus-
Thence northeasterly along the norther- pended. Seconded by Connors. Motion carried
ly right of way line of East 15t° Street to 6-0.
a point of intersection with the westerly Motion by Jones for final consideration and
right of way line of a public alley lying passage of Ordinance No. 11-17-A Correding
between Pine Street and Maple Street; and amending Ordinance No. 11-17, providing
Thence northwesterly along said west- that general property taxes levied and collect-
erly right of way line to the northeast ed each year on all property located within the
corner of the North 35 feet of Lot 255 in South Pointe Housing Urban Renewal Area of
East Dubuque Addition # 2; Thence the City of Dubuque, County of Dubuque,
southwesterly along the northwesterly State of lowa, by and for the benefit of the
line of said Lot to a point of intersedion State Of lowa, City of Dubuque, County of
with the easterly right of way line of Dubuque, Dubuque Community School Dis-
Pine Street; Thence northwesterly trict, and other Taxing Districts, be paid to a
along said easterly right of way line to special fund for payment of principal and inter-
the southerly right of way line of E. 16t° est on loans, monies advanced to and indebt-
Street; Thence southwesterly along edness, including bonds issued or to be is-
said southerly right of way line to a sued, incurred by said City in connection with
point of intersection with the easterly the Urban Renewal Plan for the South Pointe
right of way line of Elm Street; Thence Housing Urban Renewal Area. Seconded by
southeasterly along said easterly right Connors. Motion carried 6-0.
of way line to a point of intersection
with the northerly right of way line of E. OFFICIAL PUBLICATION
15t° Street, said point being the point of ORDINANCE NO. 11-17-A
beginning. AN ORDINANCE CORRECTING AND
Sedion 3. That all other provisions of Ordi- AMENDING ORDINANCE NO. 11-17,
nance No. 6-17 not affected or otherwise re- PROVIDING THAT GENERAL PROPERTY
vised by this Ordinance No. 6-17-A, as well as TAXES LEVIED AND COLLECTED EACH
all ordinances previously adopted by this City YEAR ON ALL PROPERTY LOCATED
Council related to the Urban Renewal Plan be WITHIN THE SOUTH POINTE HOUSING
Book 147 Regular Session, April 17, 2017 175
URBAN RENEWAL AREA OF THE CITY OF of Way lying South of the Easterly exten-
DUBUQUE, COUNTY OF DUBUQUE, STATE sion of the North line of Lot 1 of Mary Lou
OF IOWA, BY AND FOR THE BENEFIT OF Place and lying North of the Southern ter-
THE STATE OF IOWA, CITY OF DUBUQUE, minus of the Rockdale Road Right of Way;
COUNTY OF DUBUQUE, DUBUQUE COM- and
MUNITY SCHOOL DISTRICT, AND OTHER All that part of the Key West Drive
TAXING DISTRICTS, BE PAID TO A SPE- Right of Way and the Us Highway 61 Right
CIAL FUND FOR PAYMENT OF PRINCIPAL of Way lying South of the Easterly and
AND INTEREST ON LOANS, MONIES AD- Westerly extension of the South line of Lot
VANCED TO AND INDEBTEDNESS, IN- 2-1-1-13 of Annie Waller Subdivision #2
CLUDING BONDS ISSUED OR TO BE IS- and lying North of the Easterly and Wester-
SUED, INCURRED BY SAID CITY IN CON- ly extension of that part of Lot 1 of Mineral
NECTION WITH THE URBAN RENEWAL Lot 479 lying West of U.S. Highway 61,
PLAN FOR THE SOUTH POINTE HOUSING and
URBAN RENEWAL AREA All of the Manson Road Right of Way,
Whereas, by Resolution No. 101-17, in the City of Dubuque, lowa; and
adopted March 20, 2017, this Council found Lot 1-2-1-1-1-1-1-1-2-1-4 of Mineral Lot
and determined that certain areas located 501; and
within the City and County are eligible and All that part of the Kelly Lane Right of
should be designated as an urban renewal Way Lying North and West of the West line
area under lowa law, and approved and of Lot 4 of Old Mill Subdivision and its Nor-
adopted the Urban Renewal Plan (the "Urban therly extension; and
Renewal Plan") for the South Pointe Housing Lot 1-2, 1-2-1, 13-1, 2-1-1, 2-2-3-1, 2-
Urban Renewal Area (the "Urban Renewal 2-2, 2-2-2-1 All in Mineral Lot 514; and
Area"or"Area") described therein; and Lot 10 Peg-O-Mesa Subdivision; and
Whereas, the Urban Renewal Plan ap- All that part of the Fremont Avenue
proved and adopted by Resolution No. 101-17 Right of Way lying West and South of the
contained a scrivener's error in the legal de- South line of Lot 14 in Block 1 of Birch
scription of the Urban Renewal Project Area; Acres and its Northwesterly extension; and
and All that part of the Cedar Cross Road
Whereas, Ordinance No. 11-17 regarding Right of Way lying South of the Chicago
the general property taxes levied and collected Central and Pacific Railroad Company
with the Urban Renewal District also contained property in Section 27, T89N, R2E of the
a scrivener's error in the legal description of 5t° P.M.; and
the Urban Renewal Projed Area and this All that part of the Chicago Central and
amending ordinance is intended to correct said Pacific Railroad Company property in Sec-
errors. tion 27, T89N, R2E of the 5t° P.M. lying
NOW, THEREFORE, BE IT ORDAINED East of the Westerly line of Lot 1 of Part of
BY THE City Council OF DUBUQUE, IOWA: Lot 1-1 of Mineral Lot 233 and its Northerly
Sedion 1: That the legal description of the extension and lying West of the Westerly
property located within the Urban Renewal line of Lot 2-2 of Mineral Lot 211A and its
Projed Area of the Urban Renewal District and Northerly extension; and
setforth in Sedion 1(a) of Ordinance No. 11- All that part of the Cedar Cross Road
17 is hereby corrected and amended to read Right of Way lying South of the Southern
as follows: Right of Way line of U.S. Highway 20
(a) Urban Renewal Project Area shall (Dodge Street) and lying North of the Chi-
include that area described as follows: cago Central and Pacific Railroad Compa-
Lot 1 of Tower Investments Subdivision ny property in Section 27, T89N, R2E of
No. 1, City of Dubuque; and the 5t° P.M.; and
Lot 1 of Lot 1 of Lot 2 of Tower Invest- All that part of the U.S. Highway 20
ments Subdivision No. 1, City of Dubuque; (Dodge Street) Right of Way lying West of
and a line connecting the Northwest corner of
Lot 2 of Table Mound Mobile Home Lot 2-1-1-1 of Bartels Center Grove Place
Park, City of Dubuque; and and the Southeast corner of Lot 1 of Hard-
Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 ee's First Addition and lying East of the
of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 483, Chicago Central and Pacific Railroad
City of Dubuque; and Company property in Section 28, T89N,
Lot 1 of Mary Lou Place, City of Dubu- R2E of the 5t° P.M.; and
que; and All that part of the Chicago Central and
Lot 1 of McNamer Acres No. 1; and Pacific Railroad Company property in Sec-
Lot 1 of McNamer Acres No. 3; and tion 28, T89N, R2E of the 5t° P.M. lying
Lot 2 of McNamer Acres No. 3; and East of the Easterly line of Lot 2 of West
All that part of the Rockdale Road Right End Commercial Subdivision #2 and its
Book 147 Regular Session April 17, 2017 176
Southerly extension and lying West of the tion, provision or part thereof not adjudged
Westerly line of Lot 1 of Clin-Que Inc Addi- invalid or unconstitutional.
tion No. 2 and its Southerly extension; and Sedion 4. That all ordinances or parts of
All that part of the U.S. Highway 20 ordinances in conflict herewith be and the
(Dodge Street) Right of Way lying South same are hereby repealed to the extent of
and West of the Chicago Central and Pa- such conflict.
cific Railroad Company property in Section Section 5. This Ordinance shall be in effect
28, T89N, R2E of the 5t° P.M. and North after its final passage, approval and publica-
and East of the Northerly extension of tion as provided by law.
West Lot line of Lot 6 of Key City Subdivi- Passed, approved and adopted this 17�n
sion; and day of April, 2017.
Lot 6 of Key City Subdivision, Dubuque /s/Roy D. Buol, Mayor
County lowa; and Attest: /s/Kevin S. Firnstahl, City Clerk
All that part of West Key Drive Right of Published officially in the Telegraph Herald
Way adjacent to Lot 6 of Key City Subdivi- newspaper on the 21��day of April, 2017.
sion; and /s/Kevin S. Firnstahl, City Clerk
All that part of Royal Wood Drive Right
of Way lying South of the Southerly Right 5. Derby Grange Road Housing Urban Re-
of Way line of West Key Drive and North of newal Area - Ordinance Corredion: City Man-
the Northerly Right of Way line of North ager recommending approval of an Ordinance
Cascade Road; and correcting the legal description in the Urban
Lot 1 of Lot 1 of the Southeast Quarter Renewal Plan for the Derby Grange Road
of the Northwest Quarter of Section 13, Housing Urban Renewal Area adopted April 3,
T88N, R1 E of the 5t° P.M.; and 2017. Motion by Connors to receive and file
All that part of the English Mill Road the documents and that the requirement that a
Right of Way lying South of the Northerly proposed ordinance be considered and voted
line of the South 10 Acres of Lot 1 of the on for passage at two Council meetings prior
Southeast Quarter of the Northwest Quar- to the meeting at which it is to be passed be
ter of Section 5, T88N, R2E and its Easter- suspended. Seconded by Resnick. Respond-
ly extension and lying North of the Norther- ing to questions from the City Council, City
ly Right of Way line of North Cascade Attorney Brumwell explained that legal de-
Road; and scriptions will now be reviewed by the County
All that part of the Northwesterly Half of Auditor's Office for accuracy prior to City
the North Cascade Road Right of Way ly- Council approval. Motion carried 6-0.
ing South and West of the East line of Lot Motion by Connors for final consideration
1 of Dieters Place and its Northerly exten- and passage of Ordinance No. 14-17-A Cor-
sion and lying North and East of the West recting and amending Ordinance No. 14-17,
line of Lot 1-1 of Elizabeth Watter's Place Providing that general property taxes levied
and its Northerly extension; and and colleded each year on all property located
All that part of the North Cascade Road within the Derby Grange Road Housing Urban
Right of Way lying South and West of the Renewal Area of the City of Dubuque, County
West line of Lot 1-1 of Elizabeth Watter's of Dubuque, State of lowa, by and for the ben-
Place and its Northerly extension and lying efit of the State of lowa, City of Dubuque,
North and East of the East line of Lot 1-1 of County of Dubuque, Dubuque Community
Dane Place and its Southerly extension; School District, and other Taxing Distrids, be
and paid to a special fund for payment of principal
All that part of the Southeasterly Half of and interest on loans, monies advanced to and
the North Cascade Road Right of Way ly- indebtedness, including bonds issued or to be
ing South and West of the East line of Lot issued, incurred by said City in connection with
1-1 of Dane Place and its Southerly exten- the Urban Renewal Plan for the Derby Grange
sion and lying North and East of the East- Road Housing Urban Renewal Area. Second-
erly Right of Way line of U.S. Highway 20. ed by Resnick. Motion carried 6-0.
Sedion 2. That all other provisions of Ordi-
nance No. 11-17 not affeded or otherwise OFFICIAL PUBLICATION
revised by this Ordinance No. 11-17-A, as well ORDINANCE NO. 14-17-A
as all ordinances previously adopted by this AN ORDINANCE CORRECTING AND
City Council related to the Urban Renewal AMENDING ORDINANCE NO. 14-17,
Plan be and the same are hereby ratified, con- PROVIDING THAT GENERAL PROPERTY
firmed and approved in all respects. TAXES LEVIED AND COLLECTED EACH
Sedion 3. That if any section, provision or YEAR ON ALL PROPERTY LOCATED
part of this ordinance shall be adjudged invalid WITHIN THE DERBY GRANGE ROAD
or unconstitutional, such adjudication shall not HOUSING URBAN RENEWAL AREA OF
affed the validity of the ordinance or any sec- THE CITY OF DUBUQUE, COUNTY OF
Book 147 Regular Session, April 17, 2017 177
DUBUQUE, STATE OF IOWA, BY AND FOR A part of Lot 2 the Subdivision of Lot 1
THE BENEFIT OF THE STATE OF IOWA, of the Southeast '/a of the Southwest '/a of
CITY OF DUBUQUE, COUNTY OF DUBU- Section 9, Township 89 North, Range 2
QUE, DUBUQUE COMMUNITY SCHOOL East of the 5t° Principal Meridian, in the
DISTRICT, AND OTHER TAXING DIS- County of Dubuque, lowa, more particular-
TRICTS, BE PAID TO A SPECIAL FUND ly described as follows:
FOR PAYMENT OF PRINCIPAL AND IN- Commencing as a point of reference at
TEREST ON LOANS, MONIES ADVANCED the Northwest corner of Lot 2 of the Subdi-
TO AND INDEBTEDNESS, INCLUDING vision of Lot 1 of the Southeast '/a of the
BONDS ISSUED OR TO BE ISSUED, IN- Southwest '/a of Section 9, Township 89
CURRED BY SAID CITY IN CONNECTION North, Range 2 East of the 5th Principal
WITH THE URBAN RENEWAL PLAN FOR Meridian, in the County of Dubuque, lowa;
THE DERBY GRANGE ROAD HOUSING Thence North 88 Degrees 39 Minutes 26
URBAN RENEWAL AREA Seconds East along the North line of said
Whereas, by Resolution No. 133-17, Lot 2 a distance of 731.49 feet to the point
adopted April 3, 2017, this Council found and of beginning; Thence continuing North 88
determined that certain areas located within Degrees 39 Minutes 26 Seconds East
the City and County are eligible and should be along the North line of said Lot 2 a dis-
designated as an urban renewal area under tance of 137.55 feet to the Northeast cor-
lowa law, and approved and adopted the Ur- ner of said Lot 2; Thence Southeasterly
ban Renewal Plan (the "Urban Renewal Plan") along the East line of said Lot 2, being a
for the Derby Grange Road Housing Urban circular curve concave to the East, having
Renewal Area (the "Urban Renewal Area" or a radius of 955.37 feet, a chord of 191.31
"Area") described therein; and feet which bears South 06 Degrees 13
Whereas, the Urban Renewal Plan ap- Minutes 07 Seconds East, an arc length of
proved and adopted by Resolution No. 133-17 191.63 feet; Thence South 11 Degrees 58
contained a scrivener's error in the legal de- Minutes 32 Seconds East along said East
scription of the Urban Renewal Project Area; line a distance of 258.07 feet to the South-
and east corner of said Lot 2; Thence South 88
Whereas, Ordinance No. 14-17 regarding Degrees O5 Minutes 36 Seconds West
the general property taxes levied and collected along the South line of said Lot 2 a dis-
with the Urban Renewal District also contained tance of 33.52 feet to a point on the West
a scrivener's error in the legal description of right of way line of Kennedy Road; Thence
the Urban Renewal Projed Area and this North 11 Degrees 58 Minutes 32 Seconds
amending ordinance is intended to correct said West along said west right of way line a
errors. distance of 279.21 feet; Thence North-
NOW, THEREFORE, BE IT ORDAINED westerly along said West right of way line,
BY THE City Council OF DUBUQUE, IOWA: being a circular curve concave to the East
Sedion 1: That the legal description of the having a radius of 988.37 feet, a chord of
property located within the Urban Renewal 34.46 feet which bears North 10 Degrees
Projed Area of the Urban Renewal District and 57 Minutes 57 Seconds West, an arc
set forth in Sedion 1(a) of Ordinance No. 14- length of 34.46 feet; Thence North 47 De-
17 is hereby corrected and amended to read grees 24 Minutes 27 Seconds West along
as follows: said West right of way line a distance of
(a) Urban Renewal Project Area shall in- 159.58 feet to a point on the South right of
clude that area described as follows: way line of Derby Grange Road; Thence
All that part of the right of way of John North 02 Degrees 06 Minutes 27 Seconds
F. Kennedy Road lying between the West a distance of 52.00 feet to the point
Northwesterly right of way line of North- of beginning; and
west Arterial (lowa State Highway#32) and All that part of Lot 2 of the Northeast'/a
the Northeasterly extension of the Norther- of the Southwest '/a of Section 9, T89N,
ly line of Lot 2 of Barton Randle Addition, R2E of the 5t° P.M., Dubuque County, lo-
City of Dubuque, lowa; and wa, lying within the existing right of way of
All that part of the Easterly half of the John F. Kennedy Road; and
right of way of John F. Kennedy Road lying All of Lot 1 of Tscharner Place No. 4,
between the Northeasterly extension of the Section 9, Township 89 North, Range 2
Northerly line of Lot 2 of Barton Randle East of the 5t° P.M., Dubuque County, lo-
Addition, City of Dubuque, lowa, and the wa; and
Easterly extension of the Southerly line of All that part of Lot 2 of Tscharner Place
Lot 2 of Lot 1 of the Subdivision of the No. 3, Dubuque County, lowa, lying South
Southeast Quarter of the Southwest Quar- of the North line of the Southwest Quarter
ter of Sedion 9, T89N, R2E of the 5t° P.M., of Sedion 9, T89N, R2E of the 5�° P.M.
Dubuque County, lowa; and and East of the Westerly right of way line
Book 147 Regular Session April 17, 2017 178
of John F. Kennedy Road; and Dubuque Work Session: City Manager rec-
All of Lot 1-A of The Barony, Dubuque ommending that the City Council schedule a
County, lowa; and Sustainable Dubuque Quarterly Work Session
All that part of the Northwesterly half of for Monday, May 8, 2017 at 6:00 p.m. Motion
the right of way of John F. Kennedy Road by Connors to receive and file the documents
lying Westerly of the West line of Lot 1 of and set the work session as recommended.
Hope Evangelical Free Church 1st Addi- Seconded by Jones. Motion carried 6-0.
tion, Dubuque County, lowa, and lying
Easterly of the Southerly extension of the COUNCIL MEMBER REPORTS
West line of Lot 1-A of The Barony, Dubu-
que County, lowa; and Council Member Jones expressed sympa-
The West 19.85 acres of the North Half thies on behalf of the City Council to Council
of the Southeast Quarter of the Northeast Member Kevin Lynch on the death of his
Quarter of Section 9, Township 89 North, brother and on the death of Special Olympics
Range 2 East of the 5t° P.M., Dubuque organizer and community leader Paul Gorrell.
County, lowa (also known as the North
Half of the Southeast Quarter of the North- CLOSED SESSION
east Quarter of Section 9, Township 89
North, Range 2 East of the 5t° P.M., except Motion by Jones to convene in closed ses-
10 feet on the East side of said 20 acres of sion at 7:07 p.m. to discuss pending litigation
land reserved for a private roadway, in and real estate transfer negotiations pursuant
Dubuque County, lowa). to Chapter 21.5(1)(c), -Q) Code of lowa. Se-
Sedion 2. That all other provisions of Ordi- conded by Connors. Mayor Buol stated for the
nance No. 14-17 not affected or otherwise record that the attorney who will consult with
revised by this Ordinance No. 14-17-A, as well City Council on the issues to be discussed in
as all ordinances previously adopted by this closed session is City Attorney Crenna Brum-
City Council related to the Urban Renewal well. Motion carried 6-0.
Plan be and the same are hereby ratified, con-
firmed and approved in all respects. Upon motion, the City Council reconvened
Section 3. That if any section, provision or in open session at 7:35 p.m. stating that staff
part of this ordinance shall be adjudged invalid had been given proper diredion.
or unconstitutional, such adjudication shall not
affect the validity of the ordinance or any sec- There being no further business, upon mo-
tion, provision or part thereof not adjudged tion the City Council adjourned at 7:36 p.m.
invalid or unconstitutional.
Sedion 4. That all ordinances or parts of /s/Kevin S. Firnstahl, CMC, City Clerk
ordinances in conflict herewith be and the
same are hereby repealed to the extent of
such conflict.
Sedion 5. This Ordinance shall be in effect
after its final passage, approval and publica-
tion as provided by law.
Passed, approved and adopted this 17�n
day of April, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 21��day of April, 2017.
/s/Kevin S. Firnstahl, City Clerk
6. City Council Salary Compensation Re-
view Process Initiation: City Clerk submitting
information for initiating the process of review-
ing City Council salary compensation begin-
ning January 1, 2018. Motion by Connors to
receive and file the documents and direct the
City Clerk to begin the process. Seconded by
Resnick. Mayor Buol reiterated that City Coun-
cil Members should provide the name of their
task force representative to the City Clerk by
May 1, 2017. Motion carried 6-0.
7. Request for Quarterly Sustainable
Book 147 Special Session, April 24, 2017 179
CITY OF DUBUQUE, IOWA NOW, THEREFORE, BE IT RESOLVED
CITY COUNCIL PROCEEDINGS BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
SPECIAL SESSION Sedion 1. The City Clerk is hereby author-
OFFICIAL ized and direded to cause to be issued the
noted permit types to the following applicants
The Dubuque City Council met in special pending submission of the locally required
session at 6:00 p.m. on April 24, 2017 in the documentation:
Historic Federal Building, 350 W. 6�°Street. Special Event
Sportsters Pub&Grub 4-29, 2600 Central
Present: Mayor Buol; Council Members Ave., Adding Outdoor Service
Connors, Del Toro, Jones, Lynch, Resnick; Passed, approved and adopted this 24�n
City Manager Van Milligen day of April, 2017.
Roy D. Buol, Mayor
Absent: Council Member Rios Attest: Kevin S. Firnstahl, City Clerk
Mayor Buol read the call and stated this is WORK SESSION
a special session of the City Council called for Inclusive Dubuque Quarterly Work Session
the purpose of conducting such business that Inclusive Dubuque nehnrork partners Katrina
may properly come before the City Council Farren-Eller, Alicia Ries, Shirley Horstman, Dr.
and a work session on Inclusive Dubuque. John Eby and Loras College Interfaith Re-
search Team, Sam Giere, Kelly Larson and
CONSENT ITEMS Katherine McFarlin reported on adivities and
accomplishments since December 2016. Top-
Motion by Lynch to receive and file the ics included:
documents, adopt the resolutions, and dispose • Purpose of the nehnrork
of as indicated. Seconded by Resnick. Motion • Kotter's Change Model to implement
carried 6-0. change powerfully and successfully
• Funding partners
1. Alcohol License Application: City Man- • Definitions of diversity, equity and inclu-
ager recommending approval of a request sion
from Sportster's Pub and Grub, 2600 Central • Three levels of nehnrork equity education
Avenue, for an outdoor service, special event goals and strategies: individual, institu-
alcohol license in conjunction with a fundrais- tional and systems
ing event on, Saturday, April 29, 2017. Upon • Polarity between individual and institu-
motion the documents were received and filed tional levels
and Resolution No. 151-17 Approving applica- . Network partners working at the individu-
tions for beer, liquor, and/or wine permits, as al and institutional levels
required by City of Dubuque Code of Ordi- o Education sedor: collaborative effort,
nances Title 4 Business and License Regula- vision, funding, Moxie Squad
tions, Chapter 2 Liquor Control, Article B Liq- oCommunity Climate Survey: objec-
uor, Beer and Wine Licenses and Permits was tives and survey results
adopted. oAreas of interest for Inclusive Dubu-
que: gender identity, sexual orienta-
RESOLUTION NO. 151-17 tion, heritage, political perspedive,
APPROVING APPLICATIONS FOR BEER, religious orientation
LIQUOR, AND/OR WINE PERMITS, AS RE- o Data collection/Next steps
QUIRED BY CITY OF DUBUQUE CODE OF o"I am a Dubuquer" community cam-
ORDINANCES TITLE 4 BUSINESS AND LI- paign
CENSE REGULATIONS, CHAPTER 2 LIQ- o Infrastructure teams and goal areas
UOR CONTROL, ARTICLE B LIQUOR, • Americorps / VISTA program col-
BEER AND WINE LICENSES AND PERMITS lective impact and economic op-
Whereas, applications for Beer, Liquor, portunity-centered projects; aca-
and or Wine Permits have been submitted and demic achievement; My Brother's
filed with the City Council for approval and the Keeper initiative
same have been examined and approved; and There being no further business, upon mo-
Whereas, the premises to be occupied by tion the City Council adjourned at 6:48 p.m.
such applicants were inspected and found to
comply with the Ordinances of the City and the /s/Kevin S. Firnstahl, CMC, City Clerk
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements of the Code of Ordinances.
Book 147 Regular Session, May 1, 2017 180
CITY OF DUBUQUE, IOWA 6. Mental Health Month (May 2017) was
CITY COUNCIL PROCEEDINGS accepted by Mental Health America of Dubu-
que County President Sue Whitty.
REGULAR SESSION 7. Public Service Recognition Week (May
OFFICIAL 7-13, 2017) was accepted by Fire Marshal
Mike McMahon.
The Dubuque City Council met in regular
session at 6:00 p.m. on May 1, 2017 in the CONSENT ITEMS
Historic Federal Building, 350 W. 6t°Street.
Motion by Lynch to receive and file the
Present: Mayor Buol; Council Members documents, adoptthe resolutions, and dispose
Connors, Del Toro, Jones, Lynch, Resnick, of as indicated. Seconded by Del Toro. Coun-
Rios; City Manager Van Milligen, City Attorney cil Member Connors requested item #5 Cindy
Brumwell Steinhauser Receives Women of Achievement
Award be held for separate discussion. Motion
Mayor Buol read the call and stated this is carried 7-0.
a regular session of the City Council called for
the purpose of conducting such business that 1. Minutes and Reports Submitted: City
may properly come before the City Council. Council proceedings of 4/17, 4/24; Community
Development Advisory Commission of 3/21;
PLEDGE OF ALLEGIANCE Historic Preservation Commission of 4/20;
Transit Advisory Board of 4/13; Proof of Publi-
SWEARING IN cation for City Council proceedings of 4/3,
4/10. Upon motion the documents were re-
1. Mayor Buol administered the Oath of Of- ceived and filed.
fice to Mayor Pro-Tem Joyce Connors for the
term May 1, 2017 through December 31, 2017. 2. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
PRESENTATION ferred to Public Entity Risk Services of lowa,
the agent for the lowa Communities Assurance
1. International City/County Management Pool: Henry Goldstein for property damage.
Association (ICMA) Fellowship 6cchange: Upon motion the documents were received,
Assistant City Manager Cindy Steinhauser filed and concurred.
introduced the visiting ICMA Fellows Ms.
Astrid Soray Fitriani of Indonesia, Mr. Hendri of 3� Notice of Claims and Suits: Henry Gold-
Indonesia, and Ms. Mi Hoang of Vietnam. stein for property damage. Upon motion the
Each Fellow greeted the City Council and pro- documents were received, filed and referred to
vided a brief biography. the City Attorney.
PROCLAMATION(S) 4. 2017 Ken Kringle Historic Preservation
Awards: Historic Preservation Commission
1. Dubuque Noon Lions Club 95t° Anniver- transmitting the recipients of the 2017 Ken
sary Week (May 8-15, 2017) was accepted by Kringle Historic Preservation Award. Upon
Dubuque Noon Lion's Club President Dr. Alan motion the documents were received and filed.
Harves.
2. DuRide in Service to Older Americans 5. Cindy Steinhauser Receives Women of
Month (May 2017) was accepted by Greg Or- Achievement Award: City Manager transmit-
woll, DuRide 6cecutive Diredor, 2728 Asbury ting the press release announcing Assistant
Rd, Suite 330 and DuRide Board Member Cori City Manager Cindy Steinhauser receiving the
Burbach. Achievements in Her Field Award from the
3. Great Give Day Proclamation (May 11, N/omen's Leadership Network that recognizes
2017)was accepted by Wendy Sweeney, Non- and honors women who have already, or as-
Profit Partnership Coordinator for the Commu- pire to, provide significant contributions in their
nity Foundation of Greater Dubuque, 700 Lo- professional, personal and volunteer roles in
cust St. the community. Motion by Connors to receive
4. Historic Preservation Month (May 2017) and file the documents. Seconded by Resnick.
was accepted by Historic Preservation Com- Connors recognized Ms. Steinhauser's
mission Chairperson Christina Monk. achievements and congratulated her on her
5. Kids to Parks Day (May 20, 2017) was new appointment as City Manager for the City
accepted by Leisure Services Manager Marie of Frankfort, Kentucky. Motion carried 7-0.
Ware.
Book 147 Regular Session, May 1, 2017 181
6. Single-Use Plastic Bag Reduction Strat- pursuant to the Assignment attached hereto
egy Update: Correspondence from Loras Col- following the sale of the Property; and
lege Honor Project students Morgan Dolan, Whereas, the City Council finds that it is in
Margaret Clements, Abigail Kirchner, and the best interests of the City of Dubuque to
Christine McDonald that provides an update approve the Assignment.
from their November 21, 2016 presentation to NOW THEREFORE, BE IT RESOLVED
Council on their research into reducing single- BY THE CITY COUNCIL OF THE CITY OF
use plastic checkout bags in Dubuque. Upon DUBUQUE, IOWA:
motion the documents were received and filed. Section 1. The Assignment is hereby ap-
proved.
7. Award of Projed - 2017 Asphalt Overlay Sedion 2. The Mayor is hereby authorized
Access Ramp Project One: City Manager rec- and directed to execute the Assignment on
ommending that the award for the 2017 As- behalf of the City of Dubuque.
phalt Overlay Access Ramp Project One to Section 3. The City Clerk's Office is author-
Dan Arensdorf Construction, Inc. be officially ized and directed to record this resolution and
recorded in the minutes of the City Council. the Assignment with the Dubuque County Re-
Upon motion the documents were received, corder.
filed and make a Matter of Record. Passed, approved and adopted the 1�� day
of May, 2017.
8. Eagle Point Park Nomination to the Na- Roy D. Buol, Mayor
tional Register of Historic Places: Historic Attest: Kevin S. Firnstahl, City Clerk
Preservation Commission recommending ap-
proval of the Eagle Point Park Nomination to 10. College and University Transit Partner-
the National Register of Historic Places and ship Contracts for Fiscal Year 2018: City Man-
authorize the Mayor to sign the Certified Local ager recommending approval of the contract
Government Evaluation form. Upon motion the for College/University Transit partnership with
documents were received, filed and approved. Clarke University, Loras College and Universi-
ty of Dubuque for the 2017-2018 school year.
9. Assignment of Development Agreement Upon motion the documents were received,
for 356 Main Street: City Manager recom- filed and approved.
mending approval of a resolution that assigns
the Development Agreement from Bonson 11. Grandview and University Avenues
Block LLC to JHTD Plaza, LLC for redevel- Roundabout Midtown Transfer Impacts: City
oped property at 356 Main Street. Upon mo- Manager recommending submittal of an lowa
tion the documents were received and filed Department of Transportation Public Transit
and Resolution No. 152-17 Approving the As- Infrastructure Grant to support development of
signment of the Development Agreement be- a bus transfer location at Allison-Henderson
tween the City of Dubuque and Bonson Block, Park. Upon motion the documents were re-
LLC from Bonson Block, LLC to JHTD Plaza, ceived,filed and approved.
LLC was adopted.
12. Ham House - First Amendment to
RESOLUTION NO. 152-17 Lease: City Manager recommending approval
APPROVING THE ASSIGNMENT OF THE of a First Amendment to the Ham House
DEVELOPMENT AGREEMENT BETWEEN Lease with the Dubuque County Historical
THE CITY OF DUBUQUE AND BONSON Society to rectify insurance requirements. Up-
BLOCK, LLC FROM BONSON BLOCK, LLC on motion the documents were received and
TO JHTD PLAZA, LLC filed and Resolution No. 153-17 Approving the
Whereas, the City Council of the City of First Amendment to Lease Agreement be-
Dubuque, by Resolution No. 437-11, dated tween the City of Dubuque, lowa and Dubuque
December 19, 2011 entered into a Develop- County Historical Society was adopted.
ment Agreement with Bonson Block, LLC (De-
veloper), and RESOLUTION NO. 153-17
Whereas, pursuant to the Development APPROVING THE FIRST AMENDMENT TO
Agreement Developer provided certain im- LEASE AGREEMENT BETWEEN THE CITY
provements to real estate owned by Bonson OF DUBUQUE, IOWA AND DUBUQUE
Block, LLC, known locally as the Bonson Block COUNTY HISTORICAL SOCIETY
Building located at 356 Main Street, Dubuque, Whereas, the City of Dubuque, lowa (Les-
lowa (the Property); and sor) and the Dubuque County Historical Socie-
Whereas, the Property has been deeded to ty (Lessee) entered into a Lease Agreement
JHTD Plaza, LLC, an lowa limited liability dated for reference purposes the 15t° day of
company; and May, 2006; and
Whereas, Developer desires to assign the Whereas, Lessor and Lessee desire to
Development Agreement to JHTD Plaza, LLC amend the Lease Agreement as set forth in
Book 147 Regular Session, May 1, 2017 182
the attached First Amendment to Lease NOW, THEREFORE, BE IT RESOLVED
Agreement; and BY THE CITY COUNCIL OF THE CITY OF
Whereas, the City Council believes it is in IOWA CITY, IOWA:
the best interests of the City of Dubuque to Exhibit A is adopted as the Final Assess-
approve the First Amendment to Lease ment Schedule pursuant to lowa Code
Agreement. §384.60. The amounts listed in 6chibit A for
NOW, THEREFORE, BE IT RESOLVED unpaid snow and or ice removal charges are
BY THE CITY COUNCIL OF DUBUQUE, 10- confirmed and levied against the properties
WA AS FOLLOWS: listed in Exhibit A.
Sedion 1. The City of Dubuque hereby ap- The City Clerk be and is hereby directed to
proves the First Amendment to Lease Agree- certify the Final Schedule of Assessments to
ment between the City of Dubuque and the the County Treasurer of Dubuque County,
Dubuque County Historical Society, a copy of lowa, and to publish notice of said certification
which is attached hereto. once each week for hnro consecutive weeks in
Section 2 The Mayor is authorized and di- the manner provided in lowa Code § 362.3,
rected to sign the First Amendment to Lease the first publication of which shall be not more
Agreement on behalf of the City of Dubuque. than fifteen days from the date of filing of the
Passed, approved and adopted this 1�� day Final Schedule of Assessments. On or before
of May, 2017. the date of the second publication of the no-
Roy D. Buol, Mayor tice, the City Clerk shall also mail a copy of
Attest: Kevin S. Firnstahl, City Clerk said notice to property owners whose property
is subject to assessment, as provided in lowa
13. Historic Preservation Commission - Code§384.60.
Dubuque County Courthouse Roof: Historic Assessments may be paid in full without in-
Preservation Commission recommending ap- terest at the office of the Dubuque City Treas-
proval of a request from Dubuque County for urer, City Hall, 50 W. 13t° Street, Dubuque,
re-roofing the Dubuque County Courthouse lowa, at any time within 30 days after the date
with conditions. Upon motion the documents of the first notice of the Final Schedule of As-
were received, filed and approved. sessments. Thereafter, unpaid assessments
are payable at the County Treasurer's Office,
14. 2016-2017 Snow Removal Assess- Dubuque County Courthouse, 720 Central
ments: City Manager recommending approval Avenue, Dubuque, lowa. The assessment
of a resolution establishing the Final Assess- cannot be paid in installments. Unpaid balanc-
ment Schedule for the 2016-2017 Snow Re- es will draw the same delinquent interest as
moval from City Right-of-Way. Upon motion ordinarytaxes.
the documents were received and filed and Passed and approved this 1�� day of May,
Resolution No. 154-17 Adopting an Assess- 2017.
ment Schedule of unpaid snow and or ice re- Roy D. Buol, Mayor
moval charges and directing the Clerk to certi- Attest: Kevin S. Firnstahl, City Clerk
fy the same to the Dubuque County Treasurer
for collection in the same manner as property SCHEDULE OF ASSESSMENTS SNOW
taxes was adopted. AND OR ICE REMOVAL CHARGES
Property Owner; Legal Description; Parcel
RESOLUTION NO. 154-17 Number; Street Address; Appraised Value;
ADOPTING AN ASSESSMENT SCHEDULE Cost of Service Outstanding
OF UNPAID SNOW AND OR ICE REMOVAL Erik Olep; Lot 1-2-139 Kelly's Sub;
CHARGES AND DIRECTING THE CLERK 1025133034; 695 Hill St.; $38,700.00;
TO CERTIFY THE SAME TO THE DUBUQUE $77.50
COUNTY TREASURER FOR COLLECTION James & Diane Barefoot; Lot 7 East St. Sub;
IN THE SAME MANNER AS PROPERTY 1026112002; 2320 Mineral St.; $95,640.00;
TAXES $77.50
Whereas, the City Manager has filed with Michelle Scott; Lot 2-18 City Lot 703;
the City Clerk an assessment schedule provid- 1025130020; 607 West 8t° St.; $15,050.00;
ing the amount to be assessed against certain $77.50
lots for the actual unpaid abatement costs of Elders Holdings LLC; Lot 1-2-1A of Min Lot
removing snow and or ice; and 168; 1027280016; 2620 University Ave.;
Whereas, said schedule is attached as 6c- $215,633.00; $77.50
hibit A to this resolution and incorporated here- Dubuque Property Investments LLC; Lot 8
in bythis reference; and Lenox Add 2635-2635 1/2 University;
Whereas, lowa Code § 364.12 authorizes 1027279018; 2635 University Ave.;
the City Council to assess against the property $250,820.00; $77.50
said abatement costs in the same manner as Dubuque Property Investments LLC; Lot 1-7
propertytaxes. Lenox Add; 1027279019; 2631 University
Book 147 Regular Session, May 1, 2017 183
Ave.; $251,720.00; $77.50 BY THE CITY COUNCIL OF THE CITY OF
Dubuque Property Investments LLC; Lot 9 DUBUQUE, IOWA:
Lenox Add; 1027279029; 2639 University Sedion 1. The City Clerk is hereby author-
Ave.; $241,650.00; $77.50 ized and direded to cause to be issued the
noted permit types to the following applicants
15. lowa Department of Health Childhood pending submission of the locally required
Lead Poisoning Prevention Program Letter of documentation:
Support: City Manager recommending approv- Renewals
al for the City Manager to sign a Letter of Sup- Ichiban Hibachi Steakhouse&Sushi Bar, 3187
port to the lowa Department of Public Health University Ave., Class C Liquor (Sunday)
for the continuation of the Childhood Lead McCann's Service, Inc., 690 W. Locust St.,
Grant funding with the Centers for Disease Class B Beer(Sunday)
Control and Prevention. Upon motion the doc- Oky Doky #1, 250 W. 1�� St., Class C Beer,
uments were received,filed and approved. Class B Wine (Sunday)
Paradise Distilling Company, 245 Railroad
16. Steeple Square Letter of Support: City Ave., Class A Micro-Distilled Spirits
Manager recommending approval of a Letter Shenanigan's Pub, 3203 Jackson St., Class C
of Support for the Steeple Square projed to Liquor(Sunday)
facilitate redevelopment of the former St. Tobacco Outlet Plus #504, 806 Wacker Dr.,
Mary's church and rectory buildings along Class C Beer, Class B Native Wine (Sun-
White Street between 15th and 16th Streets. day)
Upon motion the documents were received, Tott's Tap, 3457 Jackson St., Class C Liquor
filed and approved. (Sunday)
Special Event
17. Improvement Contracts/ Performance, Faj Squad 5K - July 1, 6201 Chavenelle Rd.,
Payment and Maintenance Bonds: Portzen Class B Beer(Outdoor)
Construdion, Inc. for the SRF Green Alley Bid Passed, approved and adopted this 1��day
Set 4-Year 3 Project; Commercial Flooring for of May, 2017.
the Grand River Center Administrative Offices Roy D. Buol, Mayor
Carpet Replacement Project. Upon motion the Attest: Kevin S. Firnstahl, City Clerk
documents were received, filed and approved.
ITEMS SET FOR PUBLIC HEARING
18. Alcohol License Applications: City
Manager recommending approval of annual Motion by Lynch to receive and file the
beer, liquor and wine licenses as submitted. documents, adopt the resolutions, set the pub-
Upon motion the documents were received lic hearings as indicated, and direct the City
and filed and Resolution No. 155-17 Approving Clerk to publish notice as prescribed by law.
applications for beer, liquor, and/or wine per- Seconded by Connors. Motion carried 7-0.
mits, as required by City of Dubuque Code of
Ordinances Title 4 Business and License Reg- 1. Fiscal Year 2017 Sanitary Sewer Cured-
ulations, Chapter 2 Liquor Control, Article B In-Place Pipe (CIPP) Lining Project Initiate:
Liquor, Beer and Wine Licenses and Permits City Manager recommending initiation of the
was adopted. public bidding procedure for the FY17 Sanitary
Sewer Cured-in-Place Pipe (CIPP) Lining Pro-
RESOLUTION NO. 155-17 ject, and further recommends that a public
APPROVING APPLICATIONS FOR BEER, hearing be set for May 15, 2017. Upon motion
LIQUOR, AND/OR WINE PERMITS, AS RE- the documents were received and filed and
QUIRED BY CITY OF DUBUQUE CODE OF Resolution No. 156-17 Preliminary approval of
ORDINANCES TITLE 4 BUSINESS AND LI- plans, specifications, form of contract, and
CENSE REGULATIONS, CHAPTER 2 LIQ- estimated cost; setting date of public hearing
UOR CONTROL, ARTICLE B LIQUOR, on plans, specifications, form of contract, and
BEER AND WINE LICENSES AND PERMITS estimated cost; and ordering the advertise-
Whereas, applications for Beer, Liquor, ment for bids was adopted setting a public
and or Wine Permits have been submitted and hearing for a meeting to commence at 6:00
filed with the City Council for approval and the p.m. on May 15, 2017 in the Historic Federal
same have been examined and approved; and Building.
Whereas, the premises to be occupied by
such applicants were inspected and found to RESOLUTION NO. 156-17
comply with the Ordinances of the City and the FY17 SANITARY SEWER CURED-IN-PLACE
applicants have filed the proper fees and PIPE (CIPP) LINING PROJECT PRELIMI-
bonds and otherwise complied with the re- NARY APPROVAL OF PLANS, SPECIFICA-
quirements of the Code of Ordinances. TIONS, FORM OF CONTRACT, AND ESTI-
NOW, THEREFORE, BE IT RESOLVED MATED COST; SETTING DATE OF PUBLIC
Book 147 Regular Session, May 1, 2017 184
HEARING ON PLANS, SPECIFICATIONS, 2. Timber Ridge / Rustic Point Water Main
FORM OF CONTRACT, AND ESTIMATED Extension 2017 Project Initiation: City Manager
COST; AND ORDERING THE ADVERTISE- recommending approval to the Resolution of
MENT FOR BIDS Necessity, establish the public hearing for May
NOW THEREFORE, BE IT RESOLVED 15, 2017, and authorize the City Clerk to ad-
BY THE CITY COUNCIL OF THE CITY OF vertise for bid proposals for the Timber
DUBUQUE, IOWA: Ridge/Rustic Point Water Main Extension 2017
The proposed plans, specifications, form of Project. Upon motion the documents were
contract and estimated cost for the FY17 Sani- received and filed and Resolution No. 157-17
tary Sewer Cured-in-Place Pipe (CIPP) Lining Preliminary approval of plans, specifications,
Project in the estimated amount $325,965.20, form of contract, and estimated cost; setting
are hereby preliminarily approved and ordered date of public hearing on plans, specifications,
filed in the office of the City Clerk for public form of contract, and estimated cost; and or-
inspection. dering the advertisement for bids was adopted
A public hearing will be held on the 15t° setting a public hearing for a meeting to com-
day of May, 2017, at 6:00 p.m. in the Historic mence at 6:00 p.m. on May 15, 2017 in the
Federal Building Council Chambers (second Historic Federal Building.
floor) 350 W. 6�° Street, Dubuque, lowa, at
which time interested persons may appear and RESOLUTION NO. 157-17
be heard for or against the proposed plans and TIMBER RIDGE/RUSTIC POINT WATER
specifications, form of contract and estimated MAIN EXTENSION 2017 PROJECT PRELIM-
cost of said Projed, and the City Clerk be and INARY APPROVAL OF PLANS, SPECIFICA-
is hereby direded to cause the attached notice TIONS, FORM OF CONTRACT, AND ESTI-
of the time and place of such hearing to be MATED COST; SETTING DATE OF PUBLIC
published in a newspaper having general cir- HEARING ON PLANS, SPECIFICATIONS,
culation in the City of Dubuque, lowa, which FORM OF CONTRACT, AND ESTIMATED
notice shall be published not less than four COST; AND ORDERING THE ADVERTISE-
days nor more than twenty days prior to the MENT FOR BIDS
date of such hearing. At the hearing, any inter- NOW THEREFORE, BE IT RESOLVED
ested person may appear and file objections to BY THE CITY COUNCIL OF THE CITY OF
the proposed plans, specifications, form of DUBUQUE, IOWA:
contract, or estimated cost of the Project. The proposed plans, specifications, form of
The FY17 Sanitary Sewer Cured-in-Place contract and estimated cost for the Timber
Pipe (CIPP) Lining Project is hereby ordered to Ridge/Rustic Point Water Main Extension 2017
be advertised for bids for construction. Project in the estimated amount $924,200.00,
The amount of the security to accompany are hereby preliminarily approved and ordered
each bid shall be in an amount which shall filed in the office of the City Clerk for public
conform to the provisions of the Notice to Bid- inspection.
ders hereby approved. A public hearing will be held on the 15�n
The City Engineer is hereby directed to ad- day of May, 2017, at 6:00 p.m. in the Historic
vertise for bids for the construction of the im- Federal Building Council Chambers (second
provements herein provided, by publishing the floor) 350 W. 6�° Street, Dubuque, lowa, at
attached Notice to Bidders to be published on which time interested persons may appear and
the City of Dubuque website and a contractor be heard for or against the proposed plans and
plan room service with statewide circulation, specifications, form of contract and estimated
which notice shall be published not less than cost of said Project, and the City Clerk be and
thirteen but not more than forty-five days be- is hereby directed to cause the attached notice
fore the date for filing bids before 2:00 p.m. on of the time and place of such hearing to be
the 18t° day of May 2017. Bids shall be published in a newspaper having general cir-
opened and read by the City Clerk at said time culation in the City of Dubuque, lowa, which
and will be submitted to the City Council for notice shall be published not less than four
final action at 6:00 p.m. on the 5t° day of June days nor more than twenty days prior to the
2017, in the Historic Federal Building Council date of such hearing. At the hearing, any inter-
Chambers (second floor), 350 West 6t° Street, ested person may appear and file objections to
Dubuque, lowa. the proposed plans, specifications, form of
Passed, adopted and approved this 1�� day contract, or estimated cost of the Project.
of May, 2017. The Timber Ridge/Rustic Point Water Main
Roy D. Buol, Mayor Extension 2017 Project is hereby ordered to
Attest: Kevin S. Firnstahl, City Clerk 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.
Book 147 Regular Session, May 1, 2017 185
The City Engineer is hereby directed to ad- costs associated with the East 7t° and Com-
vertise for bids for the construction of the im- mercial Street reconstruction and related im-
provements herein provided, by publishing the provements, hnro-way street traffic conver-
attached Notice to Bidders to be published on sions, and Historic Millwork District "complete
the City of Dubuque website and a contractor streets" improvements, and the refinancing of
plan room service with statewide circulation, the General Obligation Capital Loan Notes,
which notice shall be published not less than Series 2010F, dated September 20, 2010,
thirteen but not more than forty-five days be- essential corporate purposes; and
fore the date for filing bids before 2:00 p.m. on Whereas, certain proceeds of the Series
the 18t° day of May 2017. Bids shall be 2012B Bonds remain unspent, and the City
opened and read by the City Clerk at said time Manager has recommended that not to exceed
and will be submitted to the City Council for $1,443,027 of such unspent proceeds (the
final action at 6:00 p.m. on the 5t° day of June "Unspent Proceeds") be applied for the pur-
2017, in the Historic Federal Building Council pose of funding the acquisition and improve-
Chambers (second floor), 350 West 6t° Street, ments of the United States Postal Service
Dubuque, lowa. parking lot located at the corner of Locust and
Passed, adopted and approved this 1�� day 5t° Streets, funds to pay costs of funding the
of May, 2017. acquisition, demolition and improvements of
Roy D. Buol, Mayor 1146 Elm Street and to pay costs of funding
Attest: Kevin S. Fimstahl, City Clerk parking improvements at 300 9t° Street in the
amount of approximately $1,443,027, (the
3. Reallocation of General Obligation Bond "ProjecY'); and
Series 2012B: City Manager recommending Whereas, there being no procedure speci-
setting a public hearing for May 15, 2017, on a fied under lowa law for consideration or ap-
proposal to reallocate the unspent proceeds of proval of such a reallocation, it is hereby de-
the General Obligation Bond Series 2012B termined, pursuant to Section 364.6 of the
from the construction, reconstruction and re- Code of lowa, that the procedure set forth in
pair of street, sidewalk and streetscape im- Section 384.25 of the Code of lowa should
provements to fund the acquisition and im- apply to such proposal, and that a hearing be
provements of the United States Postal Ser- held upon the proposal to reallocate the Un-
vice parking lot located at the corner of Locust spent Proceeds to provide funds for the Pro-
and 5t° Streets; the acquisition, demolition and Je�.
improvements of 1146 Elm Street; and parking NOW, THEREFORE, BE IT RESOLVED
improvements at 300 9t° Street. Upon motion BY THE CITY COUNCIL OF THE CITY OF
the documents were received and filed and DUBUQUE, IOWA:
Resolution No. 158-17 Fixing the date for a Section 1. That this Council meet in the
meeting on the proposal to reallocate certain Historic Federal Building, 350 West 6t° Street,
unspent proceeds of the General Obligation Dubuque, lowa, at 6:00 o'clock p.m., on the
Bonds, Series 2012B, of the City of Dubuque, 15t° day of May, 2017, for the purpose of tak-
lowa, and providing for publication thereof was ing action on the matter of the proposed real-
adopted setting a public hearing for a meeting location of the Unspent Proceeds of the Series
to commence at 6:00 p.m. on May 15, 2017 in 2012B Bonds to provide funds to defray all or
the Historic Federal Building. a portion of the costs of the Project.
Sedion 2. That the City Clerk is hereby di-
RESOLUTION NO. 158-17 rected to cause one publication to be made of
FIXING DATE FOR A MEETING ON THE notice of said meeting, in a legal newspaper,
PROPOSAL TO REALLOCATE CERTAIN printed wholly in the English language, pub-
UNSPENT PROCEEDS OF THE GENERAL lished at least once weekly, and having gen-
OBLIGATION BONDS, SERIES 2012B, OF eral circulation in said City, said publication to
THE CITY OF DUBUQUE, IOWA, AND be not less than four clear days nor more than
PROVIDING FOR PUBLICATION OF NO- twenty days before the date of said public
TICE THEREOF meeting.
Whereas, pursuant to hearings duly held Sedion 3. The notice of the proposed ac-
under lowa Code Section 384.25 and a resolu- tion shall be in substantially the [provided]
tion approved on February 20, 2012, the City form:
Council of the City of Dubuque, lowa has pre- passed and approved this 1�� day of May,
viously issued its General Obligation Bonds, 2017.
Series 2012B, in the aggregate principal Roy D. Buol, Mayor
amount of $7,495,000 (the "Series 2012B Attest: Kevin S. Firnstahl, City Clerk
Bonds"), for the purpose, among other things,
of paying the costs of the construction, recon- 4. Greater powntown Urban Renewal Dis-
strudion and repair of street, sidewalk and trict - Resolution of Necessity: City Manager
streetscape improvements, including those recommending approval of a Resolution of
Book 147 Regular Session, May 1, 2017 186
Necessity that finds that a proposed Amended DUBUQUE, IOWA:
and Restated Urban Renewal Plan for the Sedion 1. That the area referred to herein
Greater powntown Urban Renewal District is as the Lower Kaufmann Subarea, as generally
both necessary and appropriate, and sets a described in 6chibit "A" and Exhibit "B" to this
public hearing on the proposed Plan for June Resolution and to be included in the Amended
5, 2017. Upon motion the documents were and Restated Urban Renewal Plan for the
received and filed and Resolution No. 159-17 Greater powntown Urban Renewal District, is
Resolution of Necessity finding that certain a blighted area as defined by Chapter 403 of
areas to be included within the Greater pown- the lowa Code and is appropriate for an urban
town Urban Renewal District meet the defini- renewal project.
tion of a blighted area under the Urban Re- Section 2. That the development of the
newal Law, and that development of said Area above-described Subarea is necessary and
is necessary in the interest of the residents of appropriate to facilitate the proper growth and
the City of Dubuque, lowa, and setting dates of development of the community in accordance
hearing and consultation on a proposed with sound planning and local community ob-
Amended and Restated Urban Renewal Plan jectives.
for said District was adopted setting a public Sedion 3. That the City Manager is author-
hearing for a meeting to commence at 6:00 ized and directed to prepare an Amended and
p.m. on June 5, 2017 in the Historic Federal Restated Urban Renewal Plan for the Greater
Building. Downtown Urban Renewal District to accom-
plish the foregoing purposes and objedives, to
RESOLUTION NO. 159-17 include in such Plan any appropriate project
RESOLUTION OF NECESSITY FINDING activities and details, to determine an appro-
THAT CERTAIN AREAS TO BE INCLUDED priate date for and condud the consultation
WITHIN THE GREATER DOWNTOWN UR- process required by law with affected taxing
BAN RENEWAL DISTRICT MEET THE DEF- entities concerning the proposed Plan, and
INITION OF A BLIGHTED AREA UNDER submit the Plan to the Long Range Planning
THE URBAN RENEWAL LAW, AND THAT Advisory Commission for review and recom-
DEVELOPMENT OF SAID AREA IS NECES- mendation as to its conformity with the general
SARY IN THE INTEREST OF THE RESI- plan for the development of the community as
DENTS OF THE CITY OF DUBUQUE, IOWA, a whole.
AND SETTING DATES OF HEARING AND Sedion 4. That the City Council hold a
CONSULTATION ON A PROPOSED public hearing on the adoption of the proposed
AMENDED AND RESTATED URBAN RE- Amended and Restated Urban Renewal Plan
NEWAL PLAN FOR SAID DISTRICT for the Greater powntown Urban Renewal
Whereas, the City Council of the City of District on June 5, 2017 at 6:00 p.m. in the
Dubuque has heretofore approved the Historic Federal Building, 350 West 6th Street,
Amended and Restated Urban Renewal Plan Dubuque, lowa 52001. The notice of said
for the Greater powntown Urban Renewal hearing shall generally identify the areas cov-
District (the "DistricY') in order to provide rede- ered by the Plan and the general scope of the
velopment opportunities which will further the urban renewal activities planned for such are-
purposes and objectives of the foregoing Ur- as, and said notice shall be published and
ban Renewal Plan; and available to the public not less than four days
Whereas, City staff has recommended that nor more than twenty days before the date of
the District be expanded to add an adjacent said meeting. A copy of the notice of public
area which meets the definition of a blighted hearing shall be sent by ordinary mail to the
area, as found in Chapter 403 of the lowa affeded taxing entities.
Code, and that the proposed Amended and Section 5. That the City Clerk is further di-
Restated Urban Renewal Plan ("Plan") be up- rected to send by ordinary mail a copy of said
dated to include such area and to update ur- Plan, the notice of public hearing, a notice of
ban renewal project descriptions and make consultation, and, to the extent the Plan in-
any other necessary revisions; and cludes the use of tax increment revenues for a
Whereas, Chapter 403 of the lowa Code public building, an analysis of alternative de-
requires that before urban renewal authority velopment and funding options for such public
may be exercised, a City Council must adopt a buildings, to the Dubuque Community School
resolution of necessity finding that the area in District and the Dubuque County Board of Su-
question is a slum, blighted or economic de- pervisors, as the affected taxing entities.
velopment area, and that so designating such Passed, approved and adopted this 1��day
area is necessary in the interest of the public of May, 2017.
health, safety or welfare of the residents of the Roy D. Buol, Mayor
municipality. Attest: Kevin S. Firnstahl, City Clerk
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
Book 147 Regular Session, May 1, 2017 187
5. South Pointe Housing Urban Renewal NOW, THEREFORE, BE IT RESOLVED
Area - Resolution of Necessity: City Manager BY THE CITY COUNCIL OF THE CITY OF
recommending approval of a Resolution of DUBUQUE, IOWA:
Necessity that finds that a proposed Amended Section 1. That the areas referred to here-
and Restated Urban Renewal Plan for the in, as generally described in Exhibit "A" and
South Point Housing Urban Renewal Area is Exhibit "B" to this Resolution and to be includ-
both necessary and appropriate, and sets a ed in the Amended and Restated Urban Re-
public hearing on the proposed Plan for June newal Plan for the South Pointe Housing Ur-
5, 2017. Upon motion the documents were ban Renewal Area, are economic development
received and filed and Resolution No. 160-17 areas as defined by Chapter 403 of the lowa
Resolution of Necessity finding that certain Code and are appropriate for an urban renew-
areas to be included within the South Pointe al project.
Housing Urban Renewal Area meet the defini- Section 2. That the development of the
tion of an Economic Development Area under above-described area is necessary and ap-
the Urban Renewal Law, and that develop- propriate to facilitate the proper growth and
ment of said Areas are necessary in the inter- development of the community in accordance
est of the residents of the City of Dubuque, with sound planning and local community ob-
lowa, and setting dates of hearing and consul- jedives.
tation on a proposed Amended and Restated Section 3. That the City Manager is author-
Urban Renewal Plan for said Area was adopt- ized and directed to prepare an Amended and
ed setting a public hearing for a meeting to Restated Urban Renewal Plan for the South
commence at 6:00 p.m. on June 5, 2017 in the Pointe Housing Urban Renewal Area to ac-
Historic Federal Building. complish the foregoing purposes and objec-
tives, to include in such Plan any appropriate
RESOLUTION NO. 160-17 project activities and details, to determine an
RESOLUTION OF NECESSITY FINDING appropriate date for and conduct the consulta-
THAT CERTAIN AREAS TO BE INCLUDED tion process required by law with affected tax-
WITHIN THE SOUTH POINTE HOUSING ing entities concerning the proposed Plan, and
URBAN RENEWAL AREA MEET THE DEFI- submit the Plan to the Long Range Planning
NITION OF AN ECONOMIC DEVELOPMENT Advisory Commission for review and recom-
AREA UNDER THE URBAN RENEWAL mendation as to its conformity with the general
LAW, AND THAT DEVELOPMENT OF SAID plan for the development of the community as
AREAS ARE NECESSARY IN THE INTER- a whole.
EST OF THE RESIDENTS OF THE CITY OF Sedion 4. That the City Council hold a
DUBUQUE, IOWA, AND SETTING DATES public hearing on the adoption of the proposed
OF HEARING AND CONSULTATION ON A Amended and Restated Urban Renewal Plan
PROPOSED AMENDED AND RESTATED for the South Pointe Housing Urban Renewal
URBAN RENEWAL PLAN FOR SAID AREA Area on June 5, 2017 at 6:00 p.m. in the His-
Whereas, the City Council of the City of toric Federal Building, 350 West 6th Street,
Dubuque has heretofore approved the Urban Dubuque, lowa 52001. The notice of said
Renewal Plan for the South Pointe Housing hearing shall generally identify the areas cov-
Urban Renewal Area (the "Area") in order to ered by the Plan and the general scope of the
provide redevelopment opportunities which will urban renewal activities planned for such are-
further the purposes and objedives of the as, and said notice shall be published and
foregoing Urban Renewal Plan; and available to the public not less than four days
Whereas, City staff has recommended that nor more than twenty days before the date of
the Area be expanded to add adjacent areas said meeting. A copy of the notice of public
which meet the definition of an economic de- hearing shall be sent by ordinary mail to the
velopment area, as found in Chapter 403 of affected taxing entities.
the lowa Code, and that the proposed Amend- Section 5. That the City Clerk is further di-
ed and Restated Urban Renewal Plan ("Plan") rected to send by ordinary mail a copy of said
be updated to include such areas and to up- Plan, the notice of public hearing, a notice of
date urban renewal project descriptions and consultation, and, to the extent the Plan in-
make any other necessary revisions; and cludes the use of tax increment revenues for a
Whereas, Chapter 403 of the lowa Code public building, an analysis of alternative de-
requires that before urban renewal authority velopment and funding options for such public
may be exercised, a City Council must adopt a buildings, to the Dubuque Community School
resolution of necessity finding that the area in District and the Dubuque County Board of Su-
question is a slum, blighted or economic de- pervisors, as the affected taxing entities.
velopment area, and that so designating such Passed, approved and adopted this 1��day
area is necessary in the interest of the public of May, 2017.
health, safety or welfare of the residents of the Roy D. Buol, Mayor
municipality. Attest: Kevin S. Firnstahl, City Clerk
Book 147 Regular Session, May 1, 2017 188
6. Initiation for Condemnation for Coates instance where informal negotiations prove to
Property, 13102 Derby Grange Road: City be unsuccessful; and
Manager recommending that the City Council Whereas, the passage of a resolution au-
set the fair market value for the 13102 Derby thorizing the use of eminent domain authority
Grange Road property easement, authorize prior to the commencement of negotiations is
negotiations with property owner Mrs. Eileen necessary so that delay does not result if in-
Coates and set for public hearing the initiation formal negotiations prove to be unsuccessful;
of the condemnation process for June 5, 2017. and
Upon motion the documents were received Whereas, the City Council believes that the
and filed and Resolution No. 161-17 Establish- site-specific plans for the construdion of the
ing fair market value, directing good faith ne- proposed public improvement will be pursued,
gotiations, and setting public hearing concern- that financing is available for the adual con-
ing the possible exercise of Eminent Domain struction of this public improvement, and that
authority by the City of Dubuque to acquire the public improvement is in the best interests
land or rights in agricultural land for a pro- of the citizens of Dubuque, lowa.
posed site-specific public improvement project NOW THEREFORE, BE IT RESOLVED
at 13102 Derby Grange Road was adopted BY THE COUNCIL OF THE CITY OF DUBU-
setting a public hearing for a meeting to com- QUE, IOWA, AS FOLLOWS:
mence at 6:00 p.m. on June 5, 2017 in the Section 1. The fair market value of the
Historic Federal Building. Property is hereby established to be
$22,751.00.
RESOLUTION NO. 161-17 Sedion 2. The City of Dubuque is hereby
ESTABLISHING FAIR MARKET VALUE, authorized to commence negotiations with the
DIRECTING GOOD FAITH NEGOTIATIONS, Owner of the Property and any other interest-
AND SETTING PUBLIC HEARING CON- ed parties for the purchase of the Property for
CERNING THE POSSIBLE EXERCISE OF a purchase price which is not less than the fair
EMINENT DOMAIN AUTHORITY BY THE market value established by this Resolution.
CITY OF DUBUQUE TO ACQUIRE LAND OR Sedion 3. A public hearing to consider the
RIGHTS IN AGRICULTURAL LAND FOR A authorization to use eminent domain authority,
PROPOSED SITE-SPECIFIC PUBLIC IM- only if necessary, to acquire agricultural real
PROVEMENT PROJECT AT 13102 DERBY estate, or interests in agricultural real estate,
GRANGE ROAD for the proposed improvements along Derby
Whereas, the City of Dubuque, lowa, in- Grange Road, is hereby set for the 5t° day of
tends to acquire certain real property owned June, 2017, at 6:00 p.m. in Council Chambers
by Douglas and Eileen Coates (Owner) and on the second floor of the Historic Federal
legally described as: Building at 350 West 6th Street, Dubuque, IA
Lot 1 of the Southeast '/a of the South- 52001.
east '/a of Section 8, Township 89 North, Section 4. The City Clerk shall cause to be
Range 2 East of the 5t° P.M., in Dubuque served the published and mailed notices in the
County, lowa, according to the recorded time and manner called for in lowa Code
plat thereof §6B.2A.
(the Property) as shown on Exhibits A-1 Passed, approved, and adopted this 1��
and A-2 to improve the City enterprise provid- day of May, 2017.
ing for sewer systems along Derby Grange Roy D. Buol, Mayor
Road; and Attest: Kevin S. Firnstahl, City Clerk
Whereas, the acquisition of agricultural real
estate, or interests in agricultural real estate, BOARDS/COMMISSIONS
will be necessary in order to make the neces-
sary public improvements; and Review of applications to the Electrical
Whereas, the City has caused an appraisal Code Board. Applicants were invited to ad-
of the Property to be made and the appraised dress the City Council regarding their desire to
value of the Property is$22,751.00; and serve on the following Boards/Commissions.
Whereas, the City Council now desires to
establish the fair market value of the Property; 1. Electrical Code Board: Two, 3-year
and terms through May 21, 2020 (Expiring Terms
Whereas, the State of lowa requires a pub- of Dixon and Palmer). Applicants: James Dix-
lic hearing, after mailed and published notice, on, 2505 Marquette PI.; and Andy Palmer,
as a precondition to the exercise of authority 1865 Rosemont St.
under eminent domain involving agricultural
land; and PUBLIC HEARINGS
Whereas, the City Council will pursue in-
formal negotiations with the Owner and will 1. Vacating Petition - 1065 Jackson Street
only resort to eminent domain authority in the Right-of-Way: Proof of publication on notice of
Book 147 Regular Session, May 1, 2017 189
public hearing to consider disposing of the of May, 2017.
City's interest in Jackson Street right-of-way Roy D. Buol, Mayor
between 10th Street and 11th Street adjacent Attest: Kevin S. Firnstahl, City Clerk
to SR Jackson Real Estate, LLC warehouse
building, 1065 Jackson Street, and the City RESOLUTION NO. 163-17
Manager recommending approval. Motion by DISPOSING OF CITY INTEREST IN LOT 2
Lynch to receive and file the documents and OF CITY LOT 386A, IN THE CITY OF
adopt Resolution No. 162-17 Vacating a por- DUBUQUE, IOWA
tion of Jackson Street adjacent to City Lots Whereas, pursuant to resolution and pub-
384, 385, 386, 387, and the south half of 388, lished notice of time and place of hearing, pub-
said right-of-way being a part of City Lot 386A, lished in the Telegraph Herald, a newspaper of
to be known as Lot 2 of City Lot 386A, in the general circulation published in the City of
City of Dubuque, lowa; and Resolution No. Dubuque, lowa on the 21�� day of April, 2017,
163-17 Disposing of City interest in Lot 2 of the City Council of the City of Dubuque, lowa
City Lot 386A, in the City of Dubuque, lowa. met on the 1�� day of May, 2017, at 6:00 p.m.
Seconded by Jones. Motion carried 7-0. in the Historic Federal Building Council Cham-
bers (second floor), 350 West 6t° Street,
RESOLUTION NO. 162-17 Dubuque, Dubuque County, lowa to consider
VACATING A PORTION OF JACKSON the proposal for the sale of real estate de-
STREET ADJACENT TO CITY LOTS 384, scribed as:
385, 386, 387, AND THE SOUTH HALF OF Lot 2 of City Lot 386A, in the City of Dubu-
388, SAID RIGHT OF WAY BEING A PART que, lowa; and
OF CITY LOT 386A, TO BE KNOWN AS LOT Whereas, the City Council of the City of
2 OF CITY LOT 386A, IN THE CITY OF Dubuque, lowa overruled any and all objec-
DUBUQUE, IOWA tions, oral or written to the proposal to sell
Whereas, SR Jackson Real Estate LLC such real estate.
has requested the vacating of a portion of NOW THEREFORE, BE IT RESOLVED
Jackson Street adjacent to City Lots 384, 385, BY THE CITY COUNCIL OF THE CITY OF
386, 387 and the south half of 388; and DUBUQUE, IOWA:
Whereas, there has been presented to the Sedion 1. That the conveyance of City of
City Council of the City of Dubuque, lowa, a Dubuque real property described as Lot 2 of
plat dated March 10, 2017 prepared by Bues- City Lot 386A, in the City of Dubuque, lowa, to
ing and Associates, Inc., describing the pro- SR Jackson Real Estate LLC be and the same
posed vacated street right of way, in the City of is hereby approved. Conveyance shall be by
Dubuque, lowa; and Quit Claim Deed.
Whereas, pursuant to resolution and pub- Sedion 2. That the Mayor be authorized
lished notice of time and place of hearing, pub- and directed to execute a Quit Claim Deed,
lished in the Telegraph Herald, a newspaper of and the City Clerk be and is hereby authorized
general circulation published in the City of and direded to deliver said deed of convey-
Dubuque, lowa on the 21�� day of April, 2017, anceto SR Jackson Real Estate LLC.
the City Council of the City of Dubuque, lowa Sedion 3. That the City Clerk be and is
met on the 1�� day of May, 2017, at 6:00 p.m. hereby authorized and directed to record a
in the Historic Federal Building Council Cham- certified copy of this resolution in the offices of
bers (second floor), 350 West 6t° Street, the City Assessor, Dubuque County Recorder
Dubuque, Dubuque County, lowa to consider and Dubuque County Auditor.
the request to vacate; and Passed, approved and adopted this 1��day
Whereas, the City Council of the City of of May, 2017.
Dubuque, lowa overruled any and all objec- Roy D. Buol, Mayor
tions, oral or written to the request to vacate; Attest: Kevin S. Firnstahl, City Clerk
and
Whereas, the City Council of the City of 2. 2017 Pavement Marking Project: Proof
Dubuque, lowa, has determined that the pro- of publication on notice of public hearing to
posed vacated portion of the Jackson Street consider approval of plans, specifications, form
Right of Way to be known as Lot 2 of City Lot of contract and estimated cost for the 2017
386A, in the City of Dubuque, lowa, should be Pavement Marking Project and the City Man-
approved. ager recommending approval. Motion by Con-
NOW THEREFORE, BE IT RESOLVED nors to receive and file the documents and
BY THE CITY COUNCIL OF THE CITY OF adopt Resolution No. 164-17 Approval of
DUBUQUE, IOWA: plans, specifications, form of contract and es-
Section 1. That the real estate described timated cost for the 2017 Pavement Marking
as Lot 2 of City Lot 386A, in the City of Dubu- Projed. Seconded by Resnick. Charles Win-
que, lowa, be and the same is hereby vacated. terwood, 155 Montrose Terrace, and a mem-
Passed, approved and adopted this 1�� day ber of Tri-State Trial Vision, addressed the City
Book 147 Regular Session, May 1, 2017 190
Council regarding his thoughts on pavement tion contract to the low bidder ENCAP, Inc.,
markings that benefit pedestrians, bicycles, contingent upon approval from the lowa De-
and mass transit. Responding to questions partment of Natural Resources and ENCAP,
from the City Council, City Engineer Gus Psi- Inc. becoming registered to transact business
hoyos stated that staff can provide a proposal in the State of lowa. Motion by Lynch to re-
on the cost and availability of longer-wearing ceive and file the documents and adopt Reso-
products and identifying high-traffic areas lution No. 165-17 Awarding public improve-
where it might be used. Motion carried 7-0. ment contract for the Lower Bee Branch Creek
Floating Island Projed. Seconded by Connors.
RESOLUTION NO. 164-17 Responding to questions from the City Coun-
APPROVAL OF PLANS, SPECIFICATIONS, cil, City Attorney Brumwell stated that register-
FORM OF CONTRACT, AND ESTIMATED ing to do business in lowa was not a condition
COST FOR THE 2017 PAVEMENT MARK- for accepting the bid, but the contract was reg-
ING PROJECT istered as of April 19, 2017. City Manager Van
NOW THEREFORE, BE IT RESOLVED Milligen addressed RECAT grant funding ful-
BY THE CITY COUNCIL OF THE CITY OF fillment related to this project. Engineer Deron
DUBUQUE, IOWA: Muehring described the environmental bene-
That the proposed plans, specifications, fits, cost effectiveness and ongoing mainte-
form of contract and estimated cost for the nance of the project. Motion carried 7-0.
2017 Pavement Marking Project, in the esti-
mated amount $112,091.52, are hereby ap- RESOLUTION NO. 165-17
proved. AWARDING PUBLIC IMPROVEMENT CON-
Passed, adopted and approved this 1�� day TRACT FOR THE LOWER BEE BRANCH
of May 2017. CREEK FLOATING ISLAND PROJECT
Roy D. Buol, Mayor Whereas, sealed proposals have been
Attest: Kevin S. Firnstahl, City Clerk submitted by contractors for the Lower Bee
Branch Creek Floating Island Project (the Pro-
PUBLIC INPUT jed) pursuant to Resolution No. 129-17 and
Notice to Bidders published on the City of
Nino Erba, 672'/� Central Avenue, ad- Dubuque website and in a contractor plan
dressed the City Council about his concerns room service with statewide circulation on the
with recent Jule Transit bus route chang- 7�n day of April 2017; and
es/reductions particularly in the Freemont Av- Whereas, said sealed proposals were
enue/Key West area where he stated connec- opened and read on the 21��day of April, 2017
tion to IDOT's Driver's License Bureau is and it has been determined that ENCAP, Inc.
needed. of DeKalb, IL, with a bid in the amount of
Responding to questions from the City $197,075.00, is the lowest responsive, re-
Council, City Manager Van Milligen stated that sponsible bidder for the Projed.
he will address this in an upcoming meeting NOW THEREFORE, BE IT RESOLVED
with Economic Development Director Maurice gY THE CITY COUNCIL OF THE CITY OF
Jones and Transit Manager Candace Eudaley. DUBUQUE, IOWA:
ACTION ITEMS That a Public Improvement Contract for the
Projed is hereby awarded to ENCAP, Inc.,
1. Five Flags Center Quarterly Report: subject to ENCAP becoming registered with
SMG Regional General Manager HR Cook the lowa Division of Labor Services of the lowa
shared a quarterly report on the Five Flags Department of Workforce Development and
Civic Center. Highlights included operating subject to the approval by the lowa Depart-
expenses and revenues for Fiscal Year 2016- ment of Natural Resources and the City Man-
2017; notable events from December 2016 ager is hereby directed to execute a Public
through April 2017; event photos; notable up- Improvement Contract on behalf of the City of
coming events; digital statistics related to so- Dubuque for the Project, following said regis-
cial media usage; the top 10 cities the Center's tration and approval. St
web traffic is generated from; media relations; Passed, approved and adopted this 1 day
partnerships; and capital initiatives for 3rd and of May, 2017.
4�n quarters. Motion by Connors to receive and Roy D. Buol, Mayor
file the documents. Seconded by Del Toro. Attest: Kevin S. Firnstahl, City Clerk
Motion carried 7-0. 3. Chaplain Schmitt Island Master Plan
2. Award of Project - Lower Bee Branch Amendment: City Manager recommending
Creek Floating Island Project: City Manager approval to amend the Chaplain Schmitt Island
recommending award of the Lower Bee Master Plan adopted by City Council on July
Branch Creek Floating Island Project construc- 21, 2014, to remove the option of housing from
the Master Plan. Motion by Connors to receive
Book 147 Regular Session, May 1, 2017 191
and file the documents and adopt Resolution BY THE CITY COUNCIL OF THE CITY OF
No. 166-17 Amending the Chaplain Schmitt DUBUQUE, IOWA:
Island Master Plan. Seconded by Jones. Re- Sedion 1. The City Manager is authorized
sponding to questions from the City Council, to settle claims against the City where the
Planning Services Manager Laura Carstens amount of the settlement is $20,000 or less,
stated that the decision to remove the housing and all workers' compensation claims.
option arose from discussions with stakehold- Section 2. The City Attorney is authorized
ers and concerns with floodplain is- to settle claims against the City where the
sues/requirements, potential for noise gener- amount of the settlement is$10,000 or less.
ated from entertainment facilities, and zoning Section 3. When the City Manager, or the
conflicts all not conducive with a housing com- City Attorney reach a final, binding, written
ponent. Motion carried 7-0. settlement agreement, the City Manager or the
City Attorney shall, upon request and to the
RESOLUTION NO. 166-17 extent allowed under applicable law, prepare a
AMENDING THE CHAPLAIN SCHMITT IS- brief summary of the resolution of the dispute
LAND MASTER PLAN indicating the identity of the parties involved,
Whereas, the City of Dubuque adopted a the nature of the dispute, and the terms of the
Master Plan for Chaplain Schmitt Island by settlement, including any payments made by
Resolution No. 224-14; and or on behalf of the government body and any
Whereas, the Master Plan identifies oppor- actions to be taken by the government body.
tunities and partnerships for existing and The City Manager or the City Attorney are not
planned developments and improvements that required to prepare a summary if the settle-
may conflict with residential uses; and ment agreement includes the information re-
Whereas, Chaplain Schmitt Island presents quired to be included in the summary. The
financing and regulatory challenges for hous- settlement agreement and any required sum-
ing development in the Marina Village planning mary shall be a public record.
area; and Passed, approved and adopted this 1��day
Whereas, the Master Plan remains con- of May, 2017.
sistent with the 2012 Comprehensive Plan Roy D. Buol, Mayor
without the option of housing. Attest: Kevin S. Firnstahl, City Clerk
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF 5. Code of Ordinances Amendment - Title
DUBUQUE, IOWA: 1 Rescheduling of Regular City Council Meet-
Section 1. That the City Council hereby ings: City Manager recommending an amend-
amends the Chaplain Schmitt Island Master ment to the Code of Ordinances 1-6A-3: Types
Plan to remove the option of housing from the of Meetings that would allow the Mayor or a
Plan and rename the Marina Village planning majority of the members of the City Council to
area to Island Destination. reschedule a regular meeting of the Council.
Passed, approved and adopted this 1�� day Motion by Jones to receive and file the docu-
of May, 2017. ments and that the requirement that a pro-
Roy D. Buol, Mayor posed ordinance be considered and voted on
Attest: Kevin S. Firnstahl, City Clerk for passage at two Council meetings prior to
the meeting at which it is to be passed be sus-
4. Settlement Authority Changed: City At- pended. Seconded by Connors. Responding to
torney recommending approval of a resolution questions from the City Council, City Attorney
which will formally grant authority for settle- Brumwell provided information on how several
ment of certain claims to the City Manager and other lowa cities handle the same issue, that
City Attorney. Motion by Connors to receive the amendment does not affect the list of City
and file the documents and adopt Resolution holidays already outlined in the Code that pre-
No. 167-17 Authorizing the City Manager and clude the City Council from meeting, and that
the City Attorney to settle claims against the this provides the City Council with the ability to
City. Seconded by Lynch. City Attorney Brum- change a regular meeting date should unfore-
well stated that the request establishes a for- seen circumstances arise. Motion carried 7-0.
mal policy and expedites the claim process Motion by Jones for final consideration and
and that approval/denial of claims is still the passage of Ordinance No. 17-17 Amending
responsibility of the City's insurance entity. City of Dubuque Code of Ordinances Title 1
Motion carried 7-0. Administration, Chapter 6 Mayor and City
Council Article A Rules and Procedure Section
RESOLUTION NO. 167-17 1-6A-3 Types of Meetings by adding a new
AUTHORIZING THE CITY MANAGER AND Sedion 1-6A3(E), Rescheduling of Regular
THE CITY ATTORNEY TO SETTLE CLAIMS Meetings. Seconded by Lynch. Motion carried
AGAINST THE CITY 7-0.
NOW, THEREFORE, BE IT RESOLVED
Book 147 Regular Session, May 1, 2017 192
OFFICIAL PUBLICATION rescheduled regular meeting shall specify the
ORDINANCE NO. 17-17 time, date, and place of the meeting, and ten-
AMENDING CITY OF DUBUQUE CODE OF tative agenda for the meeting.
ORDINANCES TITLE 1 ADMINISTRATION, Sedion 2. This ordinance shall take effed
CHAPTER 6 MAYOR AND CITY COUNCIL upon publication
ARTICLE A RULES AND PROCEDURE Passed, approved and adopted the 1�� day
SECTION 1-6A-3 TYPES OF MEETINGS BY of May, 2017.
ADDING A NEW SECTION 1-6A-3(E), RE- /s/Roy D. Buol, Mayor
SCHEDULING OF REGULAR MEETINGS Attest: /s/Kevin S. Firnstahl, City Clerk
NOW, THEREFORE, BE IT ORDAINED Published officially in the Telegraph Herald
BY THE CITY COUNCIL OF THE CITY OF newspaper on the 5t°day of May 2017.
DUBUQUE, IOWA: /s/Kevin S. Firnstahl, City Clerk
Sedion 1. City of Dubuque Code of Ordi-
nances Section 1-6A3 is amended to read as 6. Southwest Arterial Project Update and
follows: Work Session: City Manager transmitting a
1-6A3: TYPES OF MEETINGS: status update on the development, advance-
A. Regular Meetings: Regular meetings of inent, and construction progress for the
the council must be held on the first and third Southwest Arterial (U.S. 52) Project and re-
Mondays of each month. However, when the questing a work session be scheduled for
first or third Monday falls upon any of the fol- Monday, July 10, 2017 at 6:00 p.m. Motion by
lowing City holidays, such meeting must be Connors to receive and file the documents and
held on the next succeeding day: set the wnrk session at recommended. Se-
New Year's Day, Martin Luther King's conded by Resnick. Motion carried 7-0.
Birthday, Memorial Day, Independence Day,
Labor Day, Veteran's Day, Thanksgiving Day, COUNCIL MEMBER REPORTS
Day after Thanksgiving, Christmas Eve,
Christmas Day and NewYear's Eve Council Member Jones reported on the re-
Unless otherwise indicated in the notice of cent death of community philanthropist Rich-
meeting, regular meetings will commence at ard (Dick) Schmid and on the death of lowa
six o'clock(6:00) p.m. State Trooper Mark Burbridge in Potta-
B. Special Meetings: Special meetings may wattamie County.
be called by the mayor or by a majority of the
members of the city council. The call for a CLOSED SESSION
special meeting shall be filed with the city clerk
in written form, except that announcement of a Motion by Jones to convene in closed ses-
special meeting during any regular meeting sion at 7:21 p.m. to discuss pending Litigation
shall be sufficient notice of such special meet- and real estate transfer negotiations pursuant
ing. The call for a special meeting shall specify to Chapter 21.5(1)(c), -Q) Code of lowa. Se-
the day, the hour, and the location of the spe- conded by Resnick. Mayor Buol stated for the
cial meeting and shall list the subject or sub- record that the attorney who will consult with
jeds to be considered. City Council on the issues to be discussed in
C. Recessed Meetings: Any meeting of the the closed session is City Attorney Crenna
city council may be recessed to a later date Brumwell. Motion carried 7-0.
and time; provided, that no recess shall be for
a longer period than until the next regular Upon motion the City Council reconvened
meeting. in open session at 7:30 p.m. stating that staff
D. Work Sessions: The city council may had been given proper direction.
meet informally in work sessions (open to the
public), at the call of the mayor or of any four There being no further business, upon mo-
(4) members of the city council, to review tion the City Council adjourned at 7:31 p.m.
forthcoming programs of the city, receive pro-
gress reports on current programs or projects, /s/Kevin S. Firnstahl, CMC, City Clerk
or receive other similar information from the
city manager.
E. Rescheduling of Regular Meetings: A
regular meeting of the council may be re-
scheduled by the mayor or by a majority of the
members of the city council. The request to
reschedule a regular meeting may be filed in
written form with the city clerk and approved
during any regular meeting of the council a
minimum of 30 days in advance of the re-
scheduled meeting. The public notice for a
Book 147 Special Session, May 8, 2017 193
CITY OF DUBUQUE, IOWA • Emphasis on college outreach, assist
CITY COUNCIL PROCEEDINGS with recruiting special populations, per-
sonal barriers, need for leadership train-
SPECIAL SESSION ing at all levels
OFFICIAL
College outreach:
The Dubuque City Council met in special • Career & job fairs, class presentations,
session at 6:00 p.m. on May 8, 2017 in the leaders luncheon events
Historic Federal Building, 350 W. 6t°Street. • Expectations upon graduation
• Summer college roadshows, takeaways
Present: Mayor Buol; Council Members and internships
Connors Qoined at 6:02 p.m.), Del Toro,
Jones, Lynch, Resnick, Rios Qoined at 6:01 Dubuque Works 5-strategic Plan
p.m.); City Manager Van Milligen, City Attorney • Goals: Human capital recruitment and re-
Brumwell tention, training and education, Collabo-
ration and evaluation
Mayor Buol read the call and stated this is • Workforce partners
a special session of the City Council called for • 2017-2022 agenda points
the purpose of conduding the Sustainable
Dubuque Quarterly Work Session and closed Central Avenue Corridor
session on real estate transfer negotiations. • Population density, growth
• Related Sustainability Principles
WORK SESSION • Correlation with core City projects and in-
itiatives
1. Sustainable Dubuque Quarterly Work Ses- o Special planning areas: Washington
sion: Sustainable Community Coordinator Cori Neighborhood, Bee Branch Creek,
Burbach introduced the work session and pre- Historic Millwork district
senters,Workforce Coordinator for GDDC o Historic Resources
Kristin Dietrel and Economic Development oTopography and floodplain
Director Maurice Jones. Topics included: o Parks and open space network
o Building land use
Laborshed analysis: oZoning revisited
• Availability of workers, characteristics of o Parking and transit
workers and commuting patterns o Road functional classification
• Zip code of existing wnrkers + census • 2013 Market analysis
population data=estimates of workforce • 2015 Business outreach: challenges and
• Who is our workforce / laborshed: phone issues
surveys results and data; wage require- • Case study issues: design redevelop-
ments, job satisfaction; benefits of- ment and infrastructure, develop guide-
fered/desired lines, improve connections; streetscapes
• Where job seekers find employment • Partnerships
• Executive summary available at GDDC • Approaches/goals
web page
CLOSED SESSION
Human resources action update:
• Met HR professionals and employees, al- Motion by Jones to convene in closed ses-
lows for real-time data; wnrkforce needs sion at 6:59 p.m. to discuss real estate transfer
assistance provided to employers negotiations pursuant to Chapter 21.5(1)Q)
• Percent hired Code of lowa. Seconded by Lynch. Mayor
• Compare HR professional with CEO re- Buol stated for the record that the attorney
sponses: availability, quality, stability, Who will consult with City Council on the issues
productivity to be discussed in the closed session is City
• Employee engagement Attorney Crenna Brumwell. Motion carried 7-0.
• Employee benefits Upon motion the City Council reconvened
• Employee challenges: turnover, personal in open session at 723 p.m. stating that staff
barriers, Top skills gaps had been given proper diredion.
• Recruitment efforts, top recruitment tac-
tics, pre-hiring practices, internships, There being no further business, upon mo-
• Training and development budgets in- tion the City Council adjourned at 7:24 p.m.
creased
/s/Kevin S. Fimstahl, CMC, City Clerk
Book 147 Regular Session, May 15, 2017 194
CITY OF DUBUQUE, �OWQ Summary of Revenues for Month Ending 3/31.
CITY COUNCIL PROCEEDINGS Upon motion the documents were received
and filed.
REGULAR SESSION
OFFICIAL 2. Notice of Claims and Suits: Jamie Bar-
ton for vehicle damage; Erica Moore for vehi-
The Dubuque City Council met in regular cle damage; Kyle Stoffel for vehicle damage.
session at 6:00 p.m. on May 15, 2017 in the Upon motion the documents were received,
Historic Federal Building, 350 W. 6t°Street. filed and referred to the City Attorney.
Present: Mayor Buol; Council Members 3� Disposition of Claims: City Attorney ad-
Connors, Del Toro, Jones, Lynch, Resnick, vising that the following claims have been re-
Rios; City Manager Van Milligen, City Attorney ferred to Public Entity Risk Services of lowa,
Brumwell the agent for the lowa Communities Assurance
Pool: Jamie Barton for vehicle damage, Kyle
Mayor Buol read the call and stated this is Stoffel for vehicle damage, and Erica Moore
a regular session of the City Council called for for vehicle damage. Upon motion the docu-
the purpose of conducting such business that ments were received, filed and concurred.
may properly come before the City Council.
4. Cindy Steinhauser Farewell Reception:
PLEDGE OF ALLEGIANCE City Manager transmitting an invitation to the
farewell reception for Assistant City Manager
Mayor Buol took a moment to thank out- Cindy Steinhauser at 5:30 p.m. on May 31,
going Mayor Pro-Tem Kevin Lynch for his ser- 2017 at the Grand River Center, River Room.
vice during the eight-month term, and ex- Upon motion the document was received and
pressed the City Council's sympathy to Coun- filed.
cil Jake Rios on the death of his father-in-lawn
Richard Thomas Rabie. 5. Dubuque's Circles� Initiative and Family
Self-Sufficiency Program: City Manager
PROCLAMATION(S) transmitting the public information brochure on
the outcomes of the Dubuque Circles� Initia-
1. Apples for Students Months (June/July tive and Family Self-Sufficiency Program. Up-
2017) was accepted by Beth McGorry, Out- on motion the document was received and
reach Coordinator for St. Mark Youth Enrich- filed.
ment, 1201 Locust St.
6. Sustainable Dubuque Community
2. Play Ball Summer (June-August 2017) Grants and Review Recommendation: City
was accepted by Tom Witry, 1200 Cortez Dr., Manager recommending approval of five pro-
of the Miracle League of Dubuque. jects for funding from the Sustainable Dubu-
que Community Grant Program. It is further
3. Revive Civility and Respect Month (May recommended that the grant review shift from
2017)was accepted by Mayor Roy D. Buol. a quarterly to a bi-annual process, as recom-
mended by the Resilient Community Advisory
CONSENT ITEMS Commission. Upon motion the documents
were received, filed and approved.
Motion by Lynch to receive and file the
documents, adoptthe resolutions, and dispose �� Quarterly Investment Report of March
of as indicated. Seconded by Jones. Motion 31, 2017: City Manager transmitting the March
carried 7-0. 31, 2017 Quarterly Investment Report. Upon
motion the documents were received and filed.
1. Minutes and Reports Submitted: City
Council Proceedings of 5/1, 5/8; Civil Service $� Integrated Pest Management Annual
Commission of 3/28, 5/3; Dubuque County Report: City Manager transmitting the annual
Emergency Management Commission of Integrated Pest Management Program Report.
11/1/16; 2/15/17, 3/21/17; Human Rights Upon motion the documents were received
Commission of 4/10/17; Investment Oversight and filed.
Advisory Commission of 4/26; Library Board of
Trustees of 3/16; Library Board of Trustees 9� 2016 Official City Council Proceedings:
Council update #160 of 4/27; Zoning Advisory City Clerk submitting the 2016 Official City
Commission of 5/3; Proof of Publication for Council Proceedings. Upon motion the docu-
City Council Proceedings of 4/17, 4/24, 5/1; mentswere received, filed and approved.
Proof of Publication of List of Claims and
10. Four Mounds Foundation - First
Book 147 Regular Session, May 15, 2017 195
Amendment to Agreement: City Manager rec- the Code of Ordinances, Unified Development
ommending approval of a First Amendment to Code, is waived to allow 0 feet of frontage on a
the Agreement between the City of Dubuque public or approved private street for Lot 1 and
and Four Mounds Foundation that changes the Lot 2.
dates for completion. Upon motion the docu- Section 2. That the Plat of Survey of Wat-
ments were received, filed and approved. ters Homestead is hereby approved and the
Mayor and City Council are hereby authorized
11. Audit Services Recommendation: City and directed to endorse the approval of the
Manager recommending the selection of Eide City of Dubuque, lowa upon said Plat of Sur-
Bailly LLP,the City's current auditor, to provide vey.
the City's auditing services for the next five Passed, approved and adopted this 15�n
fiscal years and authorize the City Manager to day of May, 2017.
sign the audit service agreement. Upon motion Roy D. Buol, Mayor
the documents were received, filed and ap- Attest: Kevin S. Firnstahl, City Clerk
proved.
14. Plat of Survey - Table Mound Mobile
12. Morrison Brothers - Close Out of For- Home Park No. 2: Zoning Advisory Commis-
givable Loan from lowa Economic Develop- sion recommending approval of the Plat of
ment Authority: City Manager recommending Survey for the Table Mound Mobile Home
that the City Council receive and file the doc- Park No. 2 and waiving the street frontage
uments from the lowa Economic Development requirement for Lot 2. Upon motion the docu-
Authority showing the terms of a forgivable ments were received and filed and Resolution
loan from the lowa Economic Development No. 169-17 Approving the Plat of Survey of
Authority to Morrison Brothers have been sat- Table Mound Mobile Home Park No. 2 in the
isfied and the loan has been closed out by the City of Dubuque, lowa was adopted.
State. Upon motion the documents were re- RESOLUTION NO. 169-17
ceived and filed. APPROVING THE PLAT OF SURVEY OF
TABLE MOUND MOBILE HOME PARK NO.
13. Plat of Survey - Watters Homestead: 2 IN THE CITY OF DUBUQUE, IOWA
Zoning Advisory Commission recommending Whereas, there has been filed with the City
approval of the Plat of Survey for the Watters Clerk a Plat of Survey of Table Mound Mobile
Homestead (12204 N. Cascade Road) and Home Park No. 2 in the City of Dubuque, lowa;
waiving the street frontage requirement for Lot and
1 and Lot 2. Upon motion the documents were Whereas, said Plat of Survey provides 0
received and filed and Resolution No. 168-17 feet of frontage for Lot 2 on a public or ap-
Approving the Plat of Survey of Watters proved private street, where 50 feet of street
Homestead in Dubuque County, lowa was frontage is required by Section 11-14 of Title
adopted. 15 of the City of Dubuque Code of Ordinances,
Unified Development Code; and
RESOLUTION NO. 168-17 Whereas, said Plat of Survey has been ex-
APPROVING THE PLAT OF SURVEY OF amined by the Zoning Advisory Commission
WATTERS HOMESTEAD IN DUBUQUE and had its approval endorsed thereon; and
COUNTY, IOWA Whereas, said Plat of Survey has been ex-
Whereas, there has been filed with the City amined by the City Council and they find that it
Clerk a Plat of Surveyof Watters Homstead in conforms to the statues and ordinances relat-
Dubuque County, lowa; and ing thereto.
Whereas, said Plat of Survey provides 0 NOW THEREFORE, BE IT RESOLVED
feet of frontage for Lot 1 and Lot 2 on a public BY THE CITY COUNCIL OF THE CITY OF
or approved private street, where street front- DUBUQUE, IOWA:
age is required by Section 11-14 of Title 16 of Sedion 1. That Section 11-14 of Title 16 of
the City of Dubuque Code of Ordinances, Uni- the City of Dubuque Code of Ordinances, Uni-
fied Development Code; and fied Development Code, is waived to allow 0
Whereas, said Plat of Survey has been ex- feet of frontage on a public street or an ap-
amined by the Zoning Advisory Commission proved private street for Lot 2.
and had its approval endorsed thereon; and Sedion 2. That the Plat of Survey of Table
Whereas, said Plat of Survey has been ex- Mound Mobile Home Park No. 2 is hereby
amined by the City Council and they find that it approved and the Mayor and City Clerk are
conforms to the statutes and ordinances relat- hereby authorized and directed to endorse the
ing thereto. approval of the City of Dubuque, lowa upon
NOW THEREFORE, BE IT RESOLVED said Plat of Survey.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Sedion 1. That Sedion 11-14 of Title 16 of
Book 147 Regular Session, May 15, 2017 196
Passed, approved and adopted this 15t° Valentine Park 6cpansion Project was adopt-
day of May, 2017. ed.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 171-17
AUTHORIZING CATFISH CREEK WATER-
15. 2017 Pavement Marking Project SHED MANAGEMENT SRF APPLICATION
Award: City Manager recommending award of FOR VALENTINE PARK EXPANSION PRO-
the construdion contrad for the 2017 Pave- JECT
ment Marking Project to the only bidder SEL- Whereas, the Catfish Creek Watershed
CO, Inc. Upon motion the documents were Management Authority has allocated grant
received and filed and Resolution No. 170-17 funds from its State Revolving Loan Fund
Awarding the public improvement contract for (SRF) Program for projects that help achieve
the 2017 Pavement Marking Project was goals in the Catfish Creek Watershed Man-
adopted. agement Plan; and
Whereas, the Valentine Park 6cpansion
RESOLUTION NO. 170-17 SRF project implements watershed manage-
AWARDING PUBLIC IMPROVEMENT CON- ment measures included in the Catfish Creek
TRACT FOR THE 2017 PAVEMENT MARK- Watershed Management Plan; and
ING PROJECT Whereas, the City of Dubuque has adopted
Whereas, sealed proposals have been the 2012 Comprehensive Plan that includes
submitted by contractors for the 2017 Pave- goals for environmental quality and park im-
ment Marking Project, (the Project) pursuant to provements.
Resolution No. 146-17 and Notice to Bidders NOW THEREFORE, BE IT RESOLVED
published on the City of Dubuque website and BY THE CITY COUNCIL OF THE CITY OF
in a contractor plan room service with DUBUQUE, IOWA:
statewide circulation on the 18t° day of April Sedion 1. The Planning Services Manager
2017; and hereby is authorized to submit the Catfish
Whereas, said sealed proposals were Creek Watershed State Revolving Loan Fund
opened and read on the 4t° day of May 2017 (SRF) Application for the Valentine Park 6c-
and it has been determined that SELCO, Inc. pansion SRF project in the amount of$70,000.
of Blue Grass, lowa, with a bid in the amount Section 2. That the City Council hereby
of $109,457.31 is the lowest responsive, re- provides its written assurance to commit
sponsible bidderforthe Project. $5,000 in funding from the regional Parks to
NOW THEREFORE, BE IT RESOLVED People plan for educational components.
BY THE CITY COUNCIL OF THE CITY OF Passed, approved and adopted this 15�n
DUBUQUE, IOWA: day of May, 2017.
That a Public Improvement Contract for the Roy D. Buol, Mayor
Projed is hereby awarded to SELCO, Inc and Attest: Kevin S. Firnstahl, City Clerk
the City Manager is hereby directed to execute
a Public Improvement Contract on behalf of 18. Public, Educational and Government
the City of Dubuque for the Projed. (PEG) Capital Grant 6cpenditure Request:
Passed, approved and adopted this 15t° City Manager recommending approval of the
day of May, 2017. Cable TV Commission recommendation for
Roy D. Buol, Mayor funding from the Public, Educational and Gov-
Attest: Kevin S. Firnstahl, City Clerk ernment (PEG) Capital Grant for Access
Equipment and Facilities for the City of Dubu-
16. 2017 City Hall HVAC Upgrade Project que to purchase two editing systems to re-
Award: City Manager recommending that the place the existing work stations. Upon motion
award for the 2017 City Hall HVAC Upgrade the documents were received, filed and ap-
Project be officially recorded in the minutes of proved.
the City Council. Upon motion the documents
were received, filed and made a Matter of 19. Dubuque Golf & Country Club - Fire-
Record. works Request: Correspondence from Richard
Bugalski, General Manager/CEO of the Dubu-
17. Catfish Creek Watershed SRF Applica- que Golf & Country Club, requesting permis-
tion - Valentine Park 6cpansion: City Manager sion to display fireworks on Tuesday, July 4,
recommending approval of the submittal of a 2017 at about 9:30 p.m. on the DG&CC
Catfish Creek Watershed State Revolving grounds with a rain date of Wednesday, July 5.
Loan Fund (SRF) Application for the Valentine Upon motion the documents were received,
Park 6cpansion SRF Project. Upon motion the filed and approved.
documents were received and filed and Reso-
lution No. 171-17 Authorizing Catfish Creek 20. Transit Service to Driver's License Sta-
Watershed Management SRF Application for tion on Gateway Drive: City Manager transmit-
Book 147 Regular Session, May 15, 2017 197
ting information on the historical ridership to Whereas, the parties now desire to rescind
the Driver's License Station located at 2460 the Grant of Permanent and Temporary
Gateway Drive and providing a summary of Easements and the Grant of Temporary Con-
transportation options for individuals requiring struction Easement; and
access to that location. Upon motion the doc- Whereas, the parties have also agreed to
uments were received and filed. supplement the Agreement as set forth in the
attached Supplement to Purchase Agreement.
21. Grant of Permanent Easement for NOW, THEREFORE, BE IT RESOLVED
Southwest Arterial Project: City Manager rec- BY THE CITY COUNCIL OF THE CITY OF
ommending approval to rescind Resolution DUBUQUE, IOWA AS FOLLOWS:
210-16 for the Grant of Permanent and Tem- 1. The Grant of Permanent and Temporary
porary Easement and adopt a revised resolu- Easements dated June 2, 2016, recorded June
tion for the acceptance of a replacement per- 13, 2016 as Instrument no. 2016-7241, and
manent utility easement for the Southwest the unrecorded Grant of Temporary Construc-
Arterial Project across part of the property tion Easement dated April 11, 2017, are here-
owned by Ronald and Marlene Valentine. Up- by rescinded and have no further force and
on motion the documents were received and effect.
filed and Resolution No. 172-17 Rescinding 2. The Grant of Permanent Utility Ease-
Resolution No. 210-16 which accepted a Grant ment attached hereto is hereby accepted.
of Permanent and Temporary Easements from 3. The Supplement to Purchase Agree-
Ronald L. Valentine and Marlene Valentine ment is hereby approved and the City Engi-
and Rescinding a Temporary Construction neer is directed to sign the Supplement to Pur-
Easement from Ronald L. Valentine and Mar- chase Agreement on behalf of the City of
lene Valentine for the Southwest Arterial Pro- Dubuque.
ject; and Accepting a Grant of Permanent Utili- 4. The City Clerk is authorized and directed
ty Easement from Ronald L. Valentine and to record this resolution, the Grant of Perma-
Marlene Valentine for the Southwest Arterial nent Utility Easement, and the Supplement to
Project was adopted. Purchase Agreement with the Dubuque Coun-
ty Recorder.
RESOLUTION NO. 172-17 Passed, approved and adopted this 15�n
RESCINDING RESOLUTION 210-16 WHICH day of May, 2017.
ACCEPTED A GRANT OF PERMANENT Roy D. Buol, Mayor
AND TEMPORARY EASEMENTS FROM Attest: Kevin S. Firnstahl, City Clerk
RONALD L. VALENTINE AND MARLENE
VALENTINE AND RESCINDING A TEMPO- 22. Improvement Contracts/ Performance,
RARY CONSTRUCTION EASEMENT FROM Payment and Maintenance Bonds: Dan
RONALD L. VALENTINE AND MARLENE Arensdorf Construction, Inc. for the 2017 As-
VALENTINE FOR THE SOUTHWEST ARTE- phalt Overlay Ramp Project One. Upon motion
RIAL PROJECT; AND ACCEPTING A the documents were received, filed and ap-
GRANT OF PERMANENT UTILITY EASE- proved.
MENT FROM RONALD L. VALENTINE AND
MARLENE VALENTINE FOR THE SOUTH- 23. Alcohol Compliance Civil Penalty for
WEST ARTERIAL PROJECT Alcohol License Holder — Casey's General
Whereas, the City of Dubuque entered into Store #2420: City Manager recommending
an Agreement for the purchase of easements approval of the AcknowledgmenUSettlement
for the Southwest Arterial Project with Ronald Agreement for an alcohol compliance violation
L. Valentine and Marlene Valentine for the for Casey's General Store #2420, 2699 Rock-
property legally described as: dale Road. Upon motion the documents were
A Parcel of Land Situated in Part of the received, filed and approved.
Southeast 1/4 of Section 3, Township 88
North, Range 2 East of the 5th P.M., Coun- 24. Tobacco Compliance Civil Penalty for
ty of Dubuque, State of lowa; and Tobacco License Holder — Casey's General
Whereas, pursuant to the Agreement, Store #2420: City Manager recommending
Ronald L. Valentine and Marlene Valentine approval of the AcknowledgemenUSettlement
granted permanent and temporary easements Agreement for a tobacco compliance violation
to the City of Dubuque in the Grant of Perma- for Casey's General Store #2420, 2699 Rock-
nent and Temporary Easements dated June 2, dale Road. Upon motion the documents were
2016, recorded June 13, 2016 as Instrument received, filed and approved.
no. 2016-7241, records of Dubuque County,
lowa, and granted a temporary construction
easement in an unrecorded Grant of Tempo-
rary Construction Easement dated April 11,
2017; and
Book 147 Regular Session, May 15, 2017 198
25. Alcohol Compliance Civil Penalty for 32. Tobacco Compliance Civil Penalty for
Alcohol License Holder— Friendly Locust Mart: Tobacco License Holder — Oky Doky #8
City Manager recommending approval of the Foods: City Manager recommending approval
AcknowledgmenUSettlement Agreement for an of the AcknowledgemenUSettlement Agree-
alcohol compliance violation for Friendly Lo- ment for a tobacco compliance violation for
cust Mart, 408 West Locust Street. Upon mo- Oky Doky #8 Foods, 535 Hill Street. Upon
tion the documents were received, filed and motion the documents were received, filed and
approved. approved.
26. Tobacco Compliance Civil Penalty for 33. Business License Refund: Request
Tobacco License Holder — Friendly Locust from Europa Cafe of Dubuque for a refund of
Mart: City Manager recommending approval of the Liquor License No. BW0093983 located at
the AcknowledgemenUSettlement Agreement 4031 Pennsylvania Ave. due to business clos-
for a tobacco compliance violation for Friendly ing. Upon motion the documents were re-
Locust Mart, 408 West Locust Street. Upon ceived,filed and approved.
motion the documents were received, filed and
approved. 34. Alcohol License Applications: City
Manager recommending approval of annual
27. Alcohol Compliance Civil Penalty for beer, liquor and wine licenses as submitted.
Alcohol License Holder— Hammerheads Bar& Upon motion the documents were received
Billiards: City Manager recommending approv- and filed and Resolution No. 173-17 Approving
al of the AcknowledgmenUSettlement Agree- applications for beer, liquor, and/or wine per-
ment for an alcohol compliance violation for mits, as required by City of Dubuque Code of
Hammerheads Bar & Billiards, 2095 Kerper Ordinances Title 4 Business and License Reg-
Blvd. Upon motion the documents were re- ulations, Chapter 2 Liquor Control, Article B
ceived,filed and approved. Liquor, Beer and Wine Licenses and Permits
was adopted.
28. Tobacco Compliance Civil Penalty for
Tobacco License Holder — Kmart #4018 City RESOLUTION NO. 173-17
Manager recommending approval of the APPROVING APPLICATIONS FOR BEER,
AcknowledgemenUSettlement Agreement for a LIQUOR, AND/OR WINE PERMITS, AS RE-
tobacco compliance violation for Kmart#4018, QUIRED BY CITY OF DUBUQUE CODE OF
2600 Dodge Street. Upon motion the docu- ORDINANCES TITLE 4 BUSINESS AND LI-
ments were received, filed and approved. CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
29. Alcohol Compliance Civil Penalty for BEER AND WINE LICENSES AND PERMITS
Alcohol License Holder— Kwik Stop C-Stores: Whereas, applications for Beer, Liquor,
City Manager recommending approval of the and or Wine Permits have been submitted and
AcknowledgmenUSettlement Agreement for an filed with the City Council for approval and the
alcohol compliance violation for Kwik Stop C- same have been examined and approved; and
Stores, 2335 University Ave. Upon motion the Whereas, the premises to be occupied by
documents were received, filed and approved. such applicants were inspected and found to
comply with the Ordinances of the City and the
30. Tobacco Compliance Civil Penalty for applicants have filed the proper fees and
Tobacco License Holder — Kwik Stop C- bonds and otherwise complied with the re-
Stores: City Manager recommending approval quirements of the Code of Ordinances.
of the AcknowledgemenUSettlement Agree- NOW, THEREFORE, BE IT RESOLVED
ment for a tobacco compliance violation for BY THE CITY COUNCIL OF THE CITY OF
Kwik Stop C-Stores, 2335 University Ave. Up- DUBUQUE, IOWA:
on motion the documents were received, filed Section 1. The City Clerk is hereby author-
and approved. ized and direded to cause to be issued the
noted permit types to the following applicants
31. Alcohol Compliance Civil Penalty for pending submission of the locally required
Alcohol License Holder— Oky Doky#8 Foods: documentation:
City Manager recommending approval of the Renewals
AcknowledgmenUSettlement Agreement for an Kalmes Breaktime Bar and Grill, 1097 Jackson
alcohol compliance violation for Oky Doky #8 St., Class C Liquor (Sunday)
Foods, 535 Hill Street. Upon motion the docu- Days Inn & Spirits Bar&Grill, 1111 Dodge St.,
ments were received, filed and approved. Class B Liquor(Outdoor) (Sunday)
Easy Street, 30 Main St., Class C Liquor (Out-
door) (Sunday)
Book 147 Regular Session, May 15, 2017 199
Hilton Garden Inn & Q Casino, 1801 & 1855 A public hearing will be held on the 5t° day
Greyhound Park, Class B Liquor, Class B of June 2017, at 6:00 p.m. in the Historic Fed-
Wine (Catering) (Outdoor) (Sunday) eral Building Council Chambers (second floor)
Mason Dixon Saloon, 163 Main St., Class C 350 W. 6t° Street, Dubuque, lowa, at which
Liquor(Sunday) time interested persons may appear and be
Buffalo Wild Wings, 2805 Northwest Arterial, heard for or against the proposed plans and
Class C Liquor(Outdoor) (Sunday) specifications, form of contract and estimated
New cost of said Project, and the City Clerk be and
Board and Brush Creative Studio, 875 Jackson is hereby directed to cause the attached notice
St., Special Class C Liquor(Sunday) of the time and place of such hearing to be
Addina a Privileae published in a newspaper having general cir-
Fat Tuesday's, 1121 University Ave., Adding culation in the City of Dubuque, lowa, which
Outdoor Service notice shall be published not less than four
Passed, approved and adopted this 15t° days nor more than twenty days prior to the
day of May, 2017. date of such hearing. At the hearing, any inter-
Roy D. Buol, Mayor ested person may appear and file objections to
Attest: Kevin S. Firnstahl, City Clerk the proposed plans, specifications, form of
contract, or estimated cost of the Project.
ITEMS SET FOR PUBLIC HEARING Kerper Blvd. Sanitary Sewer Reconstruc-
tion 2017 Projed is hereby ordered to be ad-
Motion by Lynch to receive and file the vertised for bids for construdion.
documents, adopt the resolutions, set the pub- The amount of the security to accompany
lic hearings as indicated, and direct the City each bid shall be in an amount which shall
Clerk to publish notice as prescribed by law. conform to the provisions of the Notice to Bid-
Seconded by Connors. Motion carried 7-0. ders hereby approved.
The City Engineer is hereby directed to ad-
1. Kerper Boulevard Sanitary Sewer Re- vertise for bids for the construction of the im-
construction Project Initiate: City Manager rec- provements herein provided, by publishing the
ommending initiation of the public bidding pro- attached Notice to Bidders on the City of
cedure for the Kerper Blvd. Sanitary Sewer Dubuque website and a contractor plan room
Reconstruction 2017 Project, and further rec- service with statewide circulation, which notice
ommends that a public hearing be set for June shall be published not less than thirteen but
5, 2017. Upon motion the documents were not more than forty-five days before the date
received and filed and Resolution No. 174-17 for filing bids before 2:00 p.m. on the 8t° day of
Preliminary approval of plans, specifications, June 2017. Bids shall be opened and read by
form of contract, and estimated cost; setting the City Clerk at said time and will be submit-
date of public hearing on plans, specifications, ted to the City Council for final action at 6:00
form of contract, and estimated cost; and or- p.m. on the 19t° day of June 2017, in the His-
dering the advertisement for bids was adopted toric Federal Building Council Chambers (sec-
setting a public hearing for a meeting to com- ond floor), 350 West 6t° Street, Dubuque, lo-
mence at 6:00 p.m. on June 5, 2017 in the wa.
Historic Federal Building. Passed, adopted and approved this 15�n
day of May, 2017.
RESOLUTION NO. 174-17 Roy D. Buol, Mayor
KERPER BLVD. SANITARY SEWER RE- Attest: Kevin S. Firnstahl, City Clerk
CONSTRUCTION 2017 PRELIMINARY AP-
PROVAL OF PLANS, SPECIFICATIONS, 2. Reallocation of General Obligation
FORM OF CONTRACT, AND ESTIMATED Bonds Series 2014B: City Manager recom-
COST; SETTING DATE OF PUBLIC HEAR- mending setting a public hearing for June 5,
ING ON PLANS, SPECIFICATIONS, FORM 2017, on a proposal to reallocate not-to-
OF CONTRACT, AND ESTIMATED COST; exceed $80,000 of the unspent proceeds of
AND ORDERING THE ADVERTISEMENT the General Obligation Bond Series 2014B
FOR BIDS from the City Hall improvements project to
NOW THEREFORE, BE IT RESOLVED fund the HVAC improvements of the Historic
BY THE CITY COUNCIL OF THE CITY OF Federal Building located at 350 West 6�n
DUBUQUE, IOWA: Street. Upon motion the documents w�re re-
The proposed plans, specifications, form of ceived and filed and Resolution No. 175-17
contract and estimated cost for the Kerper Fixing date for a meeting on the proposal to
Blvd. Sanitary Sewer Reconstruction 2017 reallocate certain unspent proceeds of the
Project in the estimated amount General Obligation Bonds, Series 2014B, of
$3,762,675.00, are hereby preliminarily ap- the City of Dubuque, lowa, and providing for
proved and ordered filed in the office of the
City Clerk for public inspection.
Book 147 Regular Session, May 15, 2017 200
publication of notice thereof was adopted set- rected to cause one publication to be made of
ting a public hearing for a meeting to com- notice of said meeting, in a legal newspaper,
mence at 6:00 p.m. on June 5, 2017 in the printed wholly in the English language, pub-
Historic Federal Building. lished at least once weekly, and having gen-
eral circulation in said City, said publication to
RESOLUTION NO. 175-17 be not less than four clear days nor more than
FIXING DATE FOR A MEETING ON THE twenty days before the date of said public
PROPOSAL TO REALLOCATE CERTAIN meeting.
UNSPENT PROCEEDS OF THE GENERAL Sedion 3. The notice of the proposed ac-
OBLIGATION BONDS, SERIES 2014B, OF tion shall be in substantially the [provided]
THE CITY OF DUBUQUE, IOWA, AND form:
PROVIDING FOR PUBLICATION OF NO- Passed and approved this 15t° day of May,
TICE THEREOF 2017.
Whereas, pursuant to hearings duly held Roy, D. Buol, Mayor
under lowa Code Section 384.25 and a resolu- Attest: Kevin S. Firnstahl, City Clerk
tion approved on December 1, 2014, the City
Council of the City of Dubuque, lowa has pre- 3. South Pointe Housing Tax Increment Fi-
viously issued its General Obligation Bonds, nancing Development Agreement: City Man-
Series 2014B, in the aggregate principal ager recommending that the City Council set a
amount of $18,835,000 (the "Series 2014B public hearing on the South Pointe Housing
Bonds"), for the purpose, among other things, Tax Increment Financing Development
of paying the costs of acquisition, construction, Agreement for June 5, 2017. Upon motion the
reconstruction, and repair, and equipping of documents were received and filed and Reso-
waterworks, water mains, and extensions, and lution No. 176-17 Intent to approve an Agree-
real and personal property, useful for providing ment between the City of Dubuque and South
potable water to residents of a city, acquisition, Pointe, LLC and fixing the date for a public
improvement and equipping of recreation hearing of the City Council of the City of
grounds, including the Bunker Hill Golf course Dubuque, lowa on the proposed reimburse-
and the concrete skate park, and improve- ment of South Pointe, LLC for certain infra-
ments to City Hall, transit bus stops, Fire Sta- structure improvements as described in the
tion #2 and Ham House, general corporate Agreement with Urban Renewal Tax Increment
purposes; and Revenue and providing for the publication of
Whereas, certain proceeds of the Series notice thereof was adopted setting a public
2014B Bonds remain unspent, and the City hearing for a meeting to commence at 6:00
Manager has recommended that not to exceed p.m. on June 5, 2017 in the Historic Federal
$80,000 of such unspent proceeds (the "Un- Building.
spent Proceeds") be applied for the purpose of
funding the HVAC improvements of the Histor- RESOLUTION NO. 176-17
ic Federal Building located at 350 West 6t° INTENT TO APPROVE AN AGREEMENT
Street in the amount of approximately$80,000, BETWEEN THE CITY OF DUBUQUE AND
(the"ProjecY'); and SOUTH POINTE, LLC AND FIXING THE
Whereas, there being no procedure speci- DATE FOR A PUBLIC HEARING OF THE
fied under lowa law for consideration or ap- CITY COUNCIL OF THE CITY OF DUBU-
proval of such a reallocation, it is hereby de- QUE, IOWA ON THE PROPOSED REIM-
termined, pursuant to Section 364.6 of the BURSEMENT OF SOUTH POINTE, LLC FOR
Code of lowa, that the procedure set forth in CERTAIN INFRASTRUCTURE IMPROVE-
Sedion 384.25 of the Code of lowa should MENTS AS DESCRIBED IN THE AGREE-
apply to such proposal, and that a hearing be MENT WITH URBAN RENEWAL TAX IN-
held upon the proposal to reallocate the Un- CREMENT REVENUE AND PROVIDING FOR
spent Proceeds to provide funds for the Pro- THE PUBLICATION OF NOTICE THEREOF
jed. Whereas, City and South Pointe, LLC have
NOW, THEREFORE, BE IT RESOLVED entered into an Agreement, subject to the ap-
BY THE CITY COUNCIL OF THE CITY OF proval of the City Council, pursuant to which
DUBUQUE, IOWA: South Pointe, LLC will cause certain infrastruc-
Section 1. That this Council meet in the ture improvements to be constructed on and
Historic Federal Building, 350 West 6t° Street, within Development Property as described in
Dubuque, lowa, at 6:00 o'clock p.m., on the 5t° the Agreement; and
day of June, 2017, for the purpose of taking Whereas, the City Council has tentatively
action on the matter of the proposed realloca- determined that it would be in the best inter-
tion of the Unspent Proceeds of the Series ests of City to approve the Agreement; and
2014B Bonds to provide funds to defray all or Whereas, the Agreement provides for re-
a portion of the costs of the Project. imbursement of South Pointe, LLC payable
Section 2. That the City Clerk is hereby di- from the tax increment revenues collected in
Book 147 Regular Session, May 15, 2017 201
respect of the improvements to be constructed Takes). Applicants: Phil Baskerville, 2945 Van
in accordance with the Agreement, for the pur- Buren St. Christian Stillings, 1298 Locust St.
pose of carrying out the objedives of an Urban Mr. Stillings spoke in support of his appoint-
Renewal Plan as described therein; and ment and provided a brief biography.
Whereas, before said reimbursement may 2. Mechanical and Plumbing Code Board:
be approved, Chapter 403 of the Code of lowa One, 3-year term through March 16, 2020 (Va-
requires that the City Clerk publish a notice of cant term of Hillard). Applicant: Dieter
the proposal and of the time and place of the Muhlack, 2907 Arabian Trail.
meeting at which the City Council proposes to 3. Sister City Relationships Advisory
take action thereon and at which meeting the Commission: One, 3-year term through Febru-
City Council shall receive oral and/or written ary 1, 2019 (Vacant term of Phillips). Appli-
objections from any resident or property owner cant:Thomas Major, 1725 Lori St.
of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED Appointment was made to the following
BY THE CITY COUNCIL OF THE CITY OF Board.
DUBUQUE, IOWA: 4. Electrical Code Board: Twn, 3-year
Section 1. The City of Dubuque intends to terms through May 21, 2020 (Expiring Terms
approve the proposed Agreement with South of Dixon and Palmer). Applicants: James Dix-
Pointe, LLC. on, 2505 Marquette PI. Andy Palmer, 1865
Section 2. The City Clerk is hereby author- Rosemont St. Motion by Lynch to appoint
ized and directed to cause a notice to be pub- James Dixon and Andy Palmer to 3-year terms
lished as prescribed by lowa Code Section through May 21, 2010. Seconded by Connors.
403.9 of a public hearing to be held on the 5t° Motion carried 7-0.
day of June, 2017 at 6:00 p.m. in the City
Council Chambers at the Historic Federal PUBLIC HEARINGS
Building, 350 W. 6t°Street, Dubuque, lowa.
Section 3. The City Council will meet at 1. Rezoning Request- Chaplain Schmitt Is-
said time and place for the purpose of taking land Planned Unit Development (PUD): Proof
action on the matter of authorizing the execu- of publication on notice of public hearing to
tion of the Agreement with South Pointe, LLC, consider approval of a request from the Dubu-
pursuant to and in accordance with the South que Racing Association to rezone Chaplain
Pointe Housing Urban Renewal Area Econom- Schmitt Island and the surrounding Mississippi
ic Development District, including but not lim- River and Peosta Channel from HI Heavy In-
ited to the funding of reimbursement for im- dustrial and CR Commercial Recreation to
provements under the terms and conditions of Planned Unit Development with a Planned
the Agreement and said Urban Renewal Plan. Commercial Designation and the Zoning Advi-
It is expected that the aggregate amount of the sory Commission recommending approval
reimbursements will not exceed $230,000. subject to electronic signs complying with ex-
Section 4. The City Clerk is hereby di- isting city-wide regulations for animation.
rected to cause at least one publication to be Dubuque Racing Association Vice Presi-
made of a notice of said meeting, in a news- dent Brian Southwood introduced Landscape
paper, printed wholly in the English language, Architect Ryan Peterson of RDG Planning
published at least once weekly, and having Design who provided a slide presentation
general circulation in said City, said publication summarizing the design guidelines for the re-
to be not less than four days nor more than quest. Topics included: 1) Introduction, 2) is-
twenty days before the date of said meeting. land brand/built environment, 3) design stand-
Section 5. That the notice of the proposed ards and approvals, 4. built form/architectural
action shall be in substantially the form [pro- character, 5) public domain (landscaping, fur-
vided]. nishings, signs). Mr. Peterson responded to
Passed, approved and adopted this 15t° questions from the City Council about parking
day of May, 2017. island landscaping and using appropriate
Roy D. Buol, Mayor styles and materials for outdoor benches. Q
Attest: Kevin S. Firnstahl, City Clerk Casino President and Chief Executive Officer
Jesus Aviles provided information and spoke
BOARDS/COMMISSIONS in support of the DRA's request to waive the
restrictions on fully animated signage. Plan-
Review of Applications. Applicants were ning Services Manager Laura Carstens pro-
invited to address the City Council regarding vided a staff report. Rick Dickinson, President
their desire to serve on the following and CEO of Greater Dubuque Development
Boards/Commissions. Corporation, 205 Hill Street, spoke in favor of
the request to waive signage regulations for
1. Civil Service Commission: One, 4-year animation. Mayor Buol and Council Members
term through April 6, 2020. (Vacant term of Lynch and Jones disclosed that they serve on
Book 147 Regular Session, May 15, 2017 202
the DRA Board of Directors. The City Council Dubuque, lowa.
discussed the issues of fully animated signage Section 2. Attached hereto and made a
as they related to the location of the sign and part of this zoning reclassification approval is
to the public benefit of the Q Casino. the Conceptual Development Plan for the
Motion by Connors to amend the proposed Chaplain Schmitt Island Planned Unit Devel-
ordinance to include the request by the DRA opment marked Exhibit B. The Conceptual
for fully animated signage. Seconded by Res- Plan reflects the recommendations of the
nick. City Attorney Brumwell advised the Chaplain Schmitt Island Master Plan as adopt-
Council that a super majority vote by the ed and amended by the City Council.
Council is required to vary from the decision of A. Use Regulations: The following
the Zoning Advisory Commission. Motion car- regulations shall apply to all uses made of
ried 7-0. land in the above-described PC Planned
Motion by Connors to receive and file the Commercial District:
documents and that the requirement that a 1. Principal Permitted uses: The fol-
proposed ordinance be considered and voted lowing uses are permitted in the Chaplain
on for passage at hnro Council meetings prior Schmitt Island District PUD:
to the meeting at which it is to be passed be a. Art gallery, museum or library
suspended. Seconded by Resnick. Motion b. Athletic field, stadium or sport
carried 7-0. arena
Motion by Connors for final consideration c. Auditorium or assembly hall
and passage of amended Ordinance No. 18- d. Bowiing alley
17 Amending Title 16 of the City of Dubuque e. Campground or recreational ve-
Code of Ordinances Unified Development hicle park
Code by reclassifying hereinafter described f. Convention center
property on Chaplain Schmitt Island and the g. Dog racing ortrackoperation
surrounding Mississippi River and Peosta f. Excursion boat or boat services
Channel from HI Heavy Industrial and CR i. Gambling facility licensed by the
Commercial Recreation District to PUD state of lowa
Planned Unit Development with a PC Planned j. Health, sport, recreation or athlet-
Commercial Designation. Seconded by Res- ic club or organization
nick. Motion carried 7-0. k. Hotel
I. Indoor amusement center
OFFICIAL PUBLICATION m. Indoor recreation facility
ORDINANCE NO. 18-17 n. Indoor restaurant
AN ORDINANCE AMENDING TITLE 16 OF o. Indoortheater
THE CITY OF DUBUQUE CODE OF ORDI- p. Marine vehicle body shop
NANCES UNIFIED DEVELOPMENT CODE q. Marine vehicle sales or rental
BY RECLASSIFYING HEREINAFTER DE- r. Marine vehicle service or repair
SCRIBED PROPERTY ON CHAPLAIN s. Off-street parking lot
SCHMITT ISLAND AND THE SURROUND- t. Outdoor recreation
ING MISSISSIPPI RIVER AND PEOSTA u. Parking structure
CHANNEL FROM HI HEAVY INDUSTRIAL v. Pleasure craft harbor
AND CR COMMERCIAL RECREATION DIS- w. Public or private park, golf
TRICT TO PUD PLANNED UNIT DEVELOP- course, or similar natural recreation ar-
MENT WITH A PC PLANNED COMMERCIAL ea
DESIGNATION x. Public or quasi-public utility, in-
NOW, THEREFORE, BE IT ORDAINED cluding substation
BY THE CITY COUNCIL OF THE CITY OF y. Retail sales and service
DUBUQUE, IOWA: 2. Conditional Uses: The following
Section 1. That Title 16 of the City of conditional uses may be permitted in the
Dubuque Code of Ordinances, Unified Devel- PUD District, subjed to the provisions of
opment Code, is hereby amended by reclassi- Section 8-5 Conditional Uses of the Uni-
fying the hereinafter described property on fied Development Code.
Chaplain Schmitt Island and the surrounding a. Barortavern
Mississippi River and Peosta Channel from HI b. Microbrewery, winery, and distill-
Heavy Industrial and CR Commercial Recrea- ery, provided that:
tion to PUD Planned Unit Development District i. Any products or wastes contain-
with a PC Planned Commercial designation ing odor producing substances ema-
and adopting a conceptual development plan, nating from a building or property as-
a copy of which is attached to and made a part sociated with a microbewery, winery
hereof, for Chaplain Schmitt Island as stated or distillery, in such concentrations to
below, to wit: create a public nuisance, as estab-
As shown in Exhibit A, all in the City of lished by the city manager, shall be
Book 147 Regular Session, May 15, 2017 203
prohibited. approval is given in writing.
ii. The operation of a microbrew- 3. Application of the Chaplain Schmitt
ery, winery or distillery facility shall Island Design Guidelines to new and ex-
not cause any loud and excessive panded facilities shall be effective as of
noise that result in annoyance or dis- the date of adoption of this PUD Ordi-
comfort to a reasonable person. nance.
c. Drive-up automated bankteller 4. The review and approval of new
d. Licensed child care center and expanded facilities within the Chap-
e.Wind energy conversion system lain Schmitt Island PUD will follow the
3. Accessory Uses: The following us- process described in the Chaplain
es are permitted as accessory uses as Schmitt Island Design Guidelines.
provided in Section 3-7 Accessory Uses 5. Waiver requests from the Chaplain
of the Unified Development Code: Schmitt Island Design Guidelines shall be
a. Any use customarily incidental the process described in said Design
and subordinate to the principal use it Guidelines
serves. C. Sign Regulations
b.Wind turbine (building-mounted) 1. Existing freestanding and wall-
4. Temporary Uses: The following mounted signage that does not comply
uses shall be permitted as temporary us- with the Chaplain Schmitt Island Design
es in the PUD District in conformance Guidelines with respect to height, square
with the provisions of Section 3-19 Tem- footage, and number will be grandfa-
porary Uses of the Unified Development thered as lawfully non-conforming and
Code: may remain until replaced with new struc-
a. Any use listed as a permitted use tures.
within the district. 2. The number, size and location of
5. Prohibited Uses new signs in the Chaplain Schmitt Island
a. Cellular communication towers District PUD shall be regulated in ac-
b. Telecommunication processing cordance with Chaplain Schmitt Island
and relay centers, "telecom hotels" Design Guidelines and all other applica-
c. Adult businesses ble regulations of Section 15 Signs of the
d. Industrial laundry and dry- Unified Development Code, except that
cleaning plants Sedion 16-15-23-8 shall not apply such
e. Pawn shops that casino electronic message center
f. New car and truck sales signs shall be permitted to use animation
g. Used vehicle sales and service and video.
h. Resale shops 3. Off-premise signs are prohibited in
i. Drive-thru facilities, except drive- the Chaplain Schmitt Island District PUD.
up automated teller machines Off-premise signs are defined, for the
j. Stand-alone gas stations purpose of this PUD, as signs advertising
k. Vehicle fabrication / assembly / goods, services, and activities not offered
repair/body shops or located within the PUD district bounda-
I. Tattoo parlors and body piercing ries.
shops D. Performance Standards
m. Residential dwellings 1. Chaplain Schmitt Island Master
B. Design Guidelines Plan
Development of land in the Chaplain a. The development and mainte-
Schmitt Island PUD shall be regulated as nance of uses in the Chaplain Schmitt
follows: Island Distrid PUD conceptually should
1. All buildings, structures and activi- follow the goals, objectives, and rec-
ties shall be developed in conformance ommendations of the Chaplain Schmitt
with the attached Conceptual Develop- Island District Master Plan, incorpo-
ment Plan and the Chaplain Schmitt Is- rated herein by reference and on file in
land Design Guidelines, incorporated the Planning Services Department.
herein by reference and on file in the b. It is recognized that minor shifts
Planning Services Department. or modifications to the general plan
2. Design approval, based on a re- layout may be necessary and compati-
view of the application materials, will be ble with the need to acquire workable
issued by the City Manager as described street patterns, grades and usable
in the Chaplain Schmitt Island Design building sites.
Guidelines. A building permit will not be 2. Off-Street Parking and Loading
issued by the Building Services Depart- Regulations
ment nor a site plan approved by the a. All vehicle-related features shall
Planning Services Department until such be surfaced with either asphalt, con-
Book 147 Regular Session, May 15, 2017 204
crete, or pavers. ments shall comply with Section 13-4.1
b. All parking and loading spaces Site Design Standards of the Unified De-
shall be delineated on the surfacing velopment Code and Chaplain Schmitt
material by painted stripes or other Island Design Guidelines.
permanent means. 6. Exterior Trash Collection Areas
c. The number, size, and design of Exterior trash collection areas shall
parking spaces and parking lots, includ- comply with Section 13-4.9 Site Design
ing bicycle parking and shared parking, Standards of the Unified Development
shall be governed by applicable provi- Code and Chaplain Schmitt Island De-
sions in Sedions 13 Site Design sign Guidelines.
Standards and 14 Parking of the City of 7. Exterior Storage
Dubuque Unified Development Code, Exterior storage shall comply with
except that new or expanded parking Section 13-4.1 Site Design Standards of
lots shall not be required to construct the Unified Development Code and
intermediate landscape islands as per Chaplain Schmitt Island Design Guide-
Sedion 13-3.5(D). lines.
d. The number, size and design and 8. Platting
location of parking spaces designated The conceptual development plan
for persons with disabilities shall be ac- shall serve as the preliminary plat for this
cording to the local, state or federal re- PUD District. Subdivision plats and im-
quirements in effect at the time of the provement plans shall be submitted in
development. accordance with Section 11 Land Subdi-
e. The location and number of pri- vision of the Unified Development Code.
vate driveway intersections with public 9. Site plans
streets shall be reviewed and approved Final site development plans shall be
by the City Engineer. submitted in accordance with Section 12
f. No on-street maneuvering of de- Site Plans and Section 13 Site Design
livery vehicles will be allowed on any Standards of the Unified Development
street. Lots shall provide all necessary Code prior to construction of each build-
maneuvering space for delivery vehi- ing and vehicle-related feature unless
cles within the boundaries of the lots. otherwise exempted by Section 12 Site
g. All loading docks for shipping Plans.
and receiving shall be designed to pro- 10. Storm Water Conveyance
vide for the direct movement of goods The developer of each lot shall be re-
between the delivery vehicle and the in- sponsible for providing surface or subsur-
terior of the building. face conveyance(s) of storm water from
3. Parking Structures. Parking struc- the lot to existing storm sewers or to flow
tures (ramps) are allowed in the Chaplain line of open drainage ways outside the
Schmitt Island District PUD subject to the lot in a means that is satisfactory to the
following standards: City Engineer. Other applicable regula-
a. Parking Structures shall comply tions enforced by the City Engineer rela-
with the Chaplain Schmitt Island De- tive to storm water management and
sign Guidelines for parking facilities. drainage shall apply to properties in the
b. The size and design of parking PUD Distrid.
spaces and bicycle parking shall be 11. Noises
governed by applicable provisions of Noises generated within the PUD Dis-
the Unified Development Code en- trict shall be regulated by Chapter 33, Ar-
forced at the time of development. ticle IV, Noises, of the City of Dubuque
c. The number, size, design and lo- Code of Ordinances.
cation of parking spaces designated for 12. Flood Plain Regulations
persons with disabilities shall be ac- The area of the PUD District that lies
cording to the local, state, or federal within the flood plain of the Mississippi
requirements in effect at the time of de- River shall be subject to the regulations
velopment. of Section 6-4 Flood Plain Overlay Dis-
4. Site Lighting trict of the Unified Development Code.
New outdoor light fixtures shall com- 13. Other Codes and Regulations
ply with Section 133.1 Site Design These regulations do not relieve an
Standards of the Unified Development owner, developer, or tenant from other
Code and Chaplain Schmitt Island De- applicable city, county, state or federal
sign Guidelines. codes, regulations, laws and other con-
5. Landscaping and Screening Regu- trols relative to the planning, construc-
lations tion, operation and management of prop-
Landscaping and screening require- erty in the PUD Distrid.
Book 147 Regular Session, May 15, 2017 205
E. Transfer of Lease OFFICIAL PUBLICATION
Transfer of lease of property in the ORDINANCE NO. 19-17
Chaplain Schmitt Island District PUD shall AN ORDINANCE AMENDING TITLE 16 OF
include in the transfer or lease agreement THE CITY OF DUBUQUE CODE OF ORDI-
a provision that the purchaser or lessee NANCES, UNIFIED DEVELOPMENT CODE,
acknowledges awareness of the conditions BY RECLASSIFYING HEREINAFTER DE-
authorizing the establishment of the District SCRIBED PROPERTY LOCATED AT 175
PUD. NORTH CRESCENT RIDGE FROM CS
F. Recording COMMERCIAL SERVICE AND WHOLESALE
A copy of this PUD ordinance shall be DISTRICT TO C-3 GENERAL COMMERCIAL
recorded at the expense of the City of DISTRICT
Dubuque, with the Dubuque County Re- NOW, THEREFORE, BE IT ORDAINED
corder a permanent record of the condi- BY THE CITY COUNCIL OF THE CITY OF
tions accepted as part of this reclassifica- DUBUQUE, IOWA:
tion approval. This ordinance shall be bind- Sedion 1. That Title 16 of the City of
ing upon the undersigned and his/her Dubuque Code of Ordinances, Unified Devel-
heirs, successors and assigns. opment Code, is hereby amended by reclassi-
Section 3. The foregoing amendment has fying the hereinafter—described property from
heretofore been reviewed by the Zoning Advi- C-2 Commercial Service and Wholesale Dis-
sory Commission of the City of Dubuque, lo- trict to C3 General Commercial District, to wit:
wa. Lot 1 of 3, Block 2 of Tschiggfrie Com-
Section 4. This Ordinance shall take effect mercial Subdivision, to the centerline of the
upon publication as provided by law. adjoining public right-of-way, all in the City
Passed, approved and adopted this 15t° of Dubuque, lowa.
day of May, 2017. Section 2. That the foregoing amendment
/s/Roy D. Buol, Mayor has heretofore been reviewed by the Zoning
Attest: /s/Kevin S. Firnstahl, City Clerk Advisory Commission of the City of Dubuque,
Exhibits are on file in the Office of the City lowa.
Clerk, 50 W. 13�°St., Dubuque. Sedion 3. This Ordinance shall take effect
Published officially in the Telegraph Herald immediately upon publication as provided by
newspaper on the 19t° day of May, 2017. law.
/s/Kevin S. Fimstahl, City Clerk Passed, approved and adopted this 15�n
day of May, 2017.
2. Request to Rezone 175 North Crescent /s/Roy D. Buol, Mayor
Ridge: Proof of publication on notice of public Attest: /s/Kevin S. Firnstahl, City Clerk
hearing to consider approval of a request from Published officially in the Telegraph Herald
Lisa Hammel to rezone property at 175 N. newspaper on the 19t°day of May, 2017.
Crescent Ridge from CS Commercial Service /s/Kevin S. Firnstahl, City Clerk
to C3 General Commercial to accommodate
retail sales and services and the Zoning Advi- 3. Request to Rezone Property on Cedar
sory Commission recommending approval. Crest Court: Proof of publication to consider
Motion by Connors to receive and file the doc- approval of a request from UFit Properties,
uments and that the requirement that a pro- LLC to rezone property on Cedar Crest Court
posed ordinance be considered and voted on (PIN# 1034251031) from CS Commercial Ser-
for passage at two Council meetings prior to vice to C3 General Commercial to accommo-
the meeting at which it is to be passed be sus- date a fitness business and the Zoning Adviso-
pended. Seconded by Lynch. Ms. Hammel, ry Commission recommending approval. Mo-
17094 Chickory St., spoke in support of the tion by Jones to receive and file the docu-
request and responded to questions from the ments and that the requirement that a pro-
City Council saying that she was unsure about posed ordinance be considered and voted on
plans for future signage along Dodge St. Plan- for passage at two Council meetings prior to
ning Services Manager Laura Carstens pro- the meeting at which it is to be passed be sus-
vided a staff report. Motion carried 7-0. pended. Seconded by Lynch. On behalf of UFit
Motion by Connors for final consideration Properties, LLC, Attorney Michael Pagel spoke
and passage of Ordinance No. 19-17 Amend- in support of the request. Planning Services
ing Title 16 of the City of Dubuque Code of Manager Laura Carstens provided a staff re-
Ordinances, Unified Development Code, by port. Motion carried 7-0.
reclassifying hereinafter described property Motion by Jones for final consideration and
located at 175 North Crescent Ridge from CS passage of Ordinance No. 20-17 Amending
Commercial Service and Wholesale District to Title 16 of the City of Dubuque Code of Ordi-
C3 General Commercial District. Seconded by nances, Unified Development Code, by reclas-
Jones. Motion carried 7-0. sifying hereinafter described property located
on Cedar Crest Court from CS Commercial
Book 147 Regular Session, May 15, 2017 206
Service and Wholesale District to C-3 General Motion by Jones for final consideration and
Commercial District. Seconded by Lynch. Mo- passage of Ordinance No. 21-17 Amending
tion carried 7-0. Title 16, the Unified Development Code of the
City of Dubuque Code of Ordinances by re-
OFFICIAL PUBLICATION scinding Ordinances 05-79, 43-91, 26-92, and
ORDINANCE NO. 20-17 94-92 which provide regulations for a PUD
AN ORDINANCE AMENDING TITLE 16 OF Planned Unit Development District with a
THE CITY OF DUBUQUE CODE OF ORDI- Planned Commercial Designation for Warren
NANCES, UNIFIED DEVELOPMENT CODE, Plaza located at 3500 Dodge Street and now
BY RECLASSIFYING HEREINAFTER DE- being amended to allow for a revision to the
SCRIBED PROPERTY LOCATED ON CE- Sign Requirements within the PUD. Seconded
DAR CREST COURT FROM CS COMMER- by Del Toro. Motion carried 7-0.
CIAL SERVICE AND WHOLESALE DIS-
TRICT TO C-3 GENERAL COMMERCIAL OFFICIAL PUBLICATION
DISTRICT ORDINANCE NO. 21-17
NOW, THEREFORE, BE IT ORDAINED AN ORDINANCE AMENDING TITLE 16, THE
BY THE CITY COUNCIL OF THE CITY OF UNIFIED DEVELOPMENT CODE OF THE
DUBUQUE, IOWA: CITY OF DUBUQUE CODE OF ORDINANC-
Sedion 1. That Title 16 of the City of ES BY RESCINDING ORDINANCES OS-79,
Dubuque Code of Ordinances, Unified Devel- 43-91, 26-92, AND 94-92 WHICH PROVIDE
opment Code, is hereby amended by reclassi- REGULATIONS FOR A PUD PLANNED UNIT
fying the hereinafter—described property from DEVELOPMENT DISTRICT WITH A
CS Commercial Service and Wholesale Dis- PLANNED COMMERCIAL DESIGNATION
trict to C-3 General Commercial District, to wit: FOR WARREN PLAZA LOCATED AT 3500
Lot 1 of 3 Cedar Ridge Farm Place#7, DODGE STREET AND NOW BEING
and to the centerline of the adjoining AMENDED TO ALLOW FOR A REVISION TO
public right-of-way, all in the City of THE SIGN REQUIREMENTS WITHIN THE
Dubuque, lowa. PUD
Section 2. That the foregoing amendment NOW, THEREFORE, BE IT ORDAINED
has heretofore been reviewed by the Zoning BY THE CITY COUNCIL OF THE CITY OF
Advisory Commission of the City of Dubuque, DUBUQUE, IOWA:
lowa. Sedion 1. That Title 16, the Unified Devel-
Section 3. This Ordinance shall take effect opment Code of the City of Dubuque Code of
immediately upon publication as provided by Ordinances is hereby amended by rescinding
law. Ordinances 05-79, 43-91, 26-92, and 94-92,
Passed, approved and adopted this 15�° which provide regulations for the Planned Unit
day of May, 2017. Development District with a Planned Commer-
/s/Roy D. Buol, Mayor cial District designation for Warren Plaza, and
Attest: /s/Kevin S. Firnstahl, City Clerk being amended to allow for a revision to the
Published officially in the Telegraph Herald sign requirements as shown in 6chibit A as
newspaper on the 19t° day of May, 2017. stated below, to wit:
/s/Kevin S. Firnstahl, City Clerk Lot 2 of 2 of 1 and Lot 1 of 1 of 1 of 2 of
1 and Lot 2 of 1 of 1 of 2 of 1 and Lot 2
4. Request to Amend Planned Unit Devel- of 1 of 2 of 1 of Hawkeye Stock Farm,
opment (PUD) at 3500 Dodge Street: Proof of Section 28, Township 89N, Range 2
publication on notice of public hearing to con- East of the 5th Principal Meridian, in
sider approval of a request from Chick-Fil-A / the City of Dubuque, lowa.
Anchor Sign, 3500 Dodge Street, to amend the Section 2. Attached hereto and made a
Warren Plaza Planned Unit Development part of this zoning reclassification approval in
(PUD) to permit a second free- standing sign the Conceptual Development Plan for Warren
and the Zoning Advisory Commission recom- Plaza Planned Unit Development marked 6c-
mending approval. Motion by Jones to receive hibit B is recognized that minor shifts or modi-
and file the documents and that the require- fications to the general plan layout may be
ment that a proposed ordinance be considered necessary and compatible with the need to
and voted on for passage at hnro Council meet- acquire workable street patterns, grades, and
ings prior to the meeting at which it is to be usable building sites. The general plan layout,
passed be suspended. Seconded by Del Toro. including the relationship of land uses to the
Josh Muckelvaney of Anchor Sign in South general plan framework and the development
Carolina, and Colby Burnett of Chick-Fil-A requirements shall be used as the implementa-
Dubuque spoke in support of the request and tion guide.
provided additional details. Planning Services A. Use Regulations The following regu-
Manager Laura Carstens provided a staff re- lations shall apply to all uses made of land
port. Motion carried 7-0. in the above-described PC Planned Com-
Book 147 Regular Session, May 15, 2017 207
mercial District: 6. No on-street maneuvering of de-
1. The principal permitted uses livery vehicles will be allowed on any
shall be limited to: street. Lots shall provide all necessary
a. Local shopping center. maneuvering space for delivery vehi-
2. Accessory Uses: the following cles within the boundaries of the lots.
uses are permitted s accessory uses as D. Site Plan Provisions Site develop-
provided in Section 3-7 Accessory Us- ment standards for this PC Planned Com-
es of the Unified Development Code. mercial District shall be as follows:
a. Any use customarily inci- 1. Final site development plans
dental and subordinate to the prin- shall be submitted in accordance with
cipal use it serves. Sedions 12 and 13 of the Zoning Ordi-
b. Wind turbine (building- nance of the City of Dubuque, lowa and
mounted) shall be reviewed with due regard to
3. Temporary Uses: The following the previous final development plan
uses shall be permitted as temporary dated May 25, 1979, stamped July 5,
uses in the PUD District in conform- 1979, which includes the site plan, pav-
ance with the provisions of Section 3- ing plan, utility plan, landscape plan, fi-
19 Temporary uses of the Unified De- nal plat and reciprocal easement and
velopment Code: maintenance agreement.
a. Any use listed as a permitted 2. Landscaping and screening re-
use within the district. quirements shall be regulated by the
B. Lot and Bulk Regulation: Develop- Landscape Plan for Warren Plaza, ap-
ment of the land in this particular PC proved by the Planning and Zoning
Planned Commercial District shall be regu- Commission on June 27, 1080.
lated as follows. 3. All utility transmission lines, in-
1. All structures shall be a minimum cluding telephone and cable television,
of 20 feet from the front property lines shall be installed underground.
adjoining Dodge Street and Wacker E. Signs. Signs for this PC Planned
Drive. Commercial District shall be regulated by
2. No building or structure can ex- the Section 15 Signs of the Unified Devel-
ceed 30 feet in height on the site. opment Code unless specifically ad-
3. Adequate through space behind dressed as follows:
the buildings be provide for fire vehi- 1. Large tenants occupying over
cles. 7,000 square feet shall be permitted up
C. Parking Requirements to 550 square feet of wall-mounted
1. The off-street parking require- signage. The exact location of the al-
ments for the principal permitted uses lowable signage shall vary with each
allowed in the herein described PC large tenant.
Planned Commercial District shall be a 2. Shop tenants occupying 7,000
minimum of one (1) space for each 200 square feet or less shall be permitted a
square feet of gross floor area accessi- maximum wall-mounted sign area of
ble to the general public as shown on two feet high multiplied by 75 percent
the conceptual development plan. of the lease hold width. In no event
2. All vehicle-related features shall shall a shop tenant be permitted a sign
be surfaced with standard or permea- area in excess of 100 square feet. The
ble asphalt, concrete, or pavers. location of the maximum sign area for
3. All parking and loading spaces shop tenants shall be centered vertical-
shall be delineated on the surfacing ly and horizontally on the wood fascia
material by painted strips or other per- in front of the suite.
manent means. 3. No exposed raceway, crosso-
4. The number, size, and design of vers, conduits, conductors, transform-
parking spaces and parking lots, includ- ers, etc., shall be permitted. All signs
ing bicycle parking and shared parking, and their installation must comply with
shall be governed by applicable provi- all local building and electrical codes.
sions in Section 13 Site Design Stand- No more than two rows are permitted
ards and 14 Parking of the City of for shop tenants.
Dubuque Unified Development Code. 4. Directional signs shall be permit-
5. The number, size, design and lo- ted according to the standard C3 local
cation of parking spaces designated for zoning regulations.
persons with disabilities shall be ac- 5. Maximum of one freestanding
cording to the local, state, or federal center identification sign is allowed per
requirements in effect at the time of de- premises with a maximum height of 44
velopment. feet and sign area of 660 square feet.
Book 147 Regular Session, May 15, 2017 208
6. Maximum of one freestanding newspaper on the 19t°day of May, 2017.
tenant sign is allowed per premises /s/Kevin S. Firnstahl, City Clerk
with a maximum height of six-foot and
sign area of 30 square feet. 5. Request to Amend Planned Unit Devel-
F. Site Lighting opment (PUD) at 3465 Asbury Road: Proof of
New outdoor light fixtures shall comply publication on notice of public hearing to con-
with Section 133.1 Site Design Standards sider approval of a request from DuTrac
of the Unified Development Code. Community Credit Union, 3465 Asbury Road,
G. Exterior Trash Collection Areas to amend the DuTrac Community Credit Union
Exterior trash collection areas shall PUD to modify screening requirements and the
comply with Section 13-4.9 Site Design Zoning Advisory Commission recommending
Standards of the Unified Development approval. Motion by Connors to receive and
Code. file the documents and that the requirement
H. Platting that a proposed ordinance be considered and
Subdivision plats shall be submitted in voted on for passage at two Council meetings
accordance with Section 11 Land Subdivi- prior to the meeting at which it is to be passed
sion of the Unified Development Code. be suspended. Seconded by Lynch. DuTrac
I. Storm Water Conveyance Operations Manager Kim Adams spoke in
The developer shall be responsible for support of the request and stated that the only
providing surface or subsurface convey- person in opposition has since retracted. Plan-
ance(s) of storm water from the lot to exist- ning Services Manager Laura Carstens pro-
ing storm sewers or to flow line of open vided a staff report. Motion carried 7-0.
drainage ways outside the lot in a means Motion by Connors for final consideration
that is satisfactory to the City Engineer. and passage of Ordinance No. 22-17 Amend-
Other applicable regulations enforced by ing Title 16, the Unified Development Code of
the City Engineer relative to storm water the City of Dubuque Code of Ordinances by
management and drainage shall apply to rescinding Ordinance 02-87 which provides
properties in the PUD Distrid. regulations for a PUD Planned Unit Develop-
J. Noises ment District with a Planned Commercial Des-
Noises generated within the PUD Dis- ignation for the DuTrac Community Credit Un-
trict shall be regulated by Chapter 33, Arti- ion located at 3465 Asbury Road and now
cle IV, Noises, of the City of Dubuque being amended to allow for a revision to the
Code of Ordinances. screening requirements within the PUD. Se-
K. Other Codes and Regulations conded by Lynch. Motion carried 7-0.
These regulations do not relieve an
owner, developer, or tenant from other ap- OFFICIAL PUBLICATION
plicable city, county, state or federal codes, ORDINANCE NO. 22-17
regulations, laws and other controls rela- AN ORDINANCE AMENDING TITLE 16, THE
tive to the planning, construdion, operation UNIFIED DEVELOPMENT CODE OF THE
and management of property in the PUD CITY OF DUBUQUE CODE OF ORDINANC-
District. ES BY RESCINDING ORDINANCE 02-87
L. Transfer of Ownership WHICH PROVIDES REGULATIONS FOR A
Transfer of ownership or lease of prop- PUD PLANNED UNIT DEVELOPMENT DIS-
erty in the Warren Plaza District PUD shall TRICT WITH A PLANNED COMMERCIAL
include in the transfer or lease agreement DESIGNATION FOR THE DUTRAC COM-
a provision that the purchaser or lessee MUNITY CREDIT UNION LOCATED AT 3465
acknowledges awareness of the conditions ASBURY ROAD AND NOW BEING AMEND-
authorizing the establishment of the District ED TO ALLOW FOR A REVISION TO THE
PUD. SCREENING REQUIREMENTS WITHIN THE
Section 3. The foregoing amendment has PUD
heretofore been reviewed by the Zoning Advi- NOW, THEREFORE, BE IT ORDAINED
sory Commission of the City of Dubuque, lo- BY THE CITY COUNCIL OF THE CITY OF
wa. DUBUQUE, IOWA:
Section 4. The foregoing amendment shall Section 1. That Title 16, the Unified Devel-
take effect upon publication, as provided by opment Code of the City of Dubuque Code of
law. Ordinances is hereby amended by rescinding
Passed, approved and adopted this 15t° Ordinance 02-87 which provides regulations
day of May, 2017. for the Planned Unit Development District with
/s/Roy D. Buol, Mayor a Planned Commercial District designation for
Attest: /s/Kevin S. Firnstahl, City Clerk DuTrac Community Credit Union, and now
Exhibits are on file in the Office of the City being amended to allow for a revised screen-
Clerk, 50 W. 13t°St., Dubuque. ing requirement as in Exhibit A as stated be-
Published officially in the Telegraph Herald low, to wit:
Book 147 Regular Session, May 15, 2017 209
Lots 1, 2, 3 and 6 of Block 1, and Lots exceed 25,000 square feet of gross
1, 2, 3, 4, 5 and 6 of Block 2 Westches- floor area.
ter Subdivision, and to the centerline of 5. Screening shall be required for
the adjoining public right-of-way, all in all mechanical equipment.
the City of Dubuque, lowa. C. Signs:
A. Use Regulations. The following 1. The sign regulations shall be the
regulations shall apply to all uses made of same as that which are allowed in the
land in the above-described PC Planned OS Office Service Distrid as estab-
Commercial District: lished in Section 15 Signs of the Uni-
1. The principal permitted uses fied Development Code.
shall be limited to: D. Performance Standards
a. Public or quasi-public utilities in- 1. Conceptual Development Plan
cluding substations The development and maintenance
b. Residential use above the first of uses in the DuTrac Community
floor Credit Union PUD Plan shall comply
c. Mortuaries and funeral homes with the Conceptual Plan as follows:
d. Commercial and non-commercial a. The site plans shall be sub-
art galleries mitted in accordance with Sections
e. Museums and libraries 12 and 13 of the Unified Develop-
f. Schools of instruction ment Code.
g. Private or public clubs, auditori- b. The landscaping and screen-
ums and assembly halls ing requirements as established in
h. General office and rental office Sedion 4-5 shall apply to this PC
i. Medical and dental laboratories Planned Commercial District. A
j. Drug and health care supplies screening composed of earth berm
k. Book, stationary, office supplies, and/or shrubbery of at least five (5)
and office furniture feet in height and 50% opacity or a
I. Artist and photographic studio combination of a solid fence and
m. Printing and publishing landscaping as shown in Exhibits A
n. Bank, savings and loan, and and B attached to this ordinance
small and industrial loan companies, shall be provided adjoining South
credit unions, with a drive-up or au- Way and Dana Drive.
tomated facilities c. Access to and from the site is
o. Data processing center with abili- restricted to Asbury Road. No curb
ties for satellite data cuts shall be permitted onto South
p. Business services Way or Dana Drive.
q. Personal services d. Traffic circulation is restrided
r. Professional services(medical) to the central portion of the site.
2. Accessory uses shall include any e. The rate of storm water dis-
use customarily incidental and subordi- charge from the development(cubic
nate to the principal use it serves. feet per second) shall be limited to
3. Temporary use shall be limited to the rate estimate for 30% impervi-
the following: ous area.
Any use listed as a permitted use f. Within the fifty (50) foot front
within the PUD District of a limited du- yard setback a long South Way and
ration as established in Section 2-5.3 of Dana Drive, a fifteen (15) foot max-
the Unified Development Code. imum height shall be allowed for
B. Lot and Bulk Regulations: Develop- lighting.
ment of the land in this particular PC 2. Off-Street Parking and Loading
Planned Commercial District shall be regu- Regulations
lated as follows. a. All vehicle-related features
1. The primary structure shall pro- shall be surfaced with standard or
vide a minimum thirty (30) foot front permeable asphalt, concrete, or
yard setback adjoining Asbury Road, a pavers.
minimum of fifty (50) foot front yard b. All parking and loading spaces
setback adjoining Dana Drive, and a shall be delineated on the surfacing
minimum one hundred (100) foot front material by painted stripes or other
yard setback adjoining South Way. permanent means.
2. Accessory structures may be lo- c. The number, size and design of
cated in the required side yard. parking spaces and parking lots, in-
3. No building or structure can ex- cluding bicycle parking and shared
ceed forty(40)feet in height. parking, shall be governed by appli-
4. The primary structure shall not cable provisions in Section 13 Site
Book 147 Regular Session, May 15, 2017 210
Design Standards and 14 Parking 10. Noises.
of the City of Dubuque Unified De- Noises generated within the PUD
velopment Code. District shall be regulated by Chapter
d. The number, size, design, and 33, Article IV, Noises, of the City of
location of parking spaces desig- Dubuque Code of Ordinances.
nated for persons with disabilities 11. Other Codes and Regulations
shall be according to the local, These regulations do not relieve an
state, or federal requirements in ef- owner, developer, or tenant from other
fect at the time of development. applicable city, county, state or federal
e. No on-street maneuvering of codes, regulations, laws and other con-
delivery vehicles will be allowed on trols relative to the planning, construc-
any street. Lots shall provide all tion, operation and management of
necessary maneuvering space for property in the PUD District.
delivery vehicles within the bounda- E. Transfer of Ownership
ries of the lots. Transfer of ownership or lease of prop-
3. Site Lighting erty in the Dutrac Community Credit Union
New outdoor light fixtures shall District PUD shall include in the transfer or
comply with Section 133.1 Site Design lease agreement a provision that the pur-
Standards of the Unified Development chaser or lessee acknowiedges awareness
Code. of the conditions authorizing the establish-
4. Landscaping and Screening ment of the District PUD.
Regulations Section 2. The foregoing amendment has
Landscaping and screening re- heretofore been reviewed by the Zoning Advi-
quirements shall comply with Section sory Commission of the City of Dubuque, lo-
13-4.1 Site Design Standards of the wa.
Unified Development Code and the Section 3. The foregoing amendment shall
Performance Standards of this PUD take effect upon publication, as provided by
Ordinance. law.
5. Exterior Trash Colledion Areas Passed, approved and adopted this 15�n
Exterior trash collection areas shall day of May, 2017.
comply with Section 13-4.9 Site Design /s/Roy D. Buol, Mayor
Standards of the Unified Development Attest: /s/Kevin S. Firnstahl, City Clerk
Code. Exhibits are on file in the Office of the City
6. Exterior Storage Clerk, 50 W. 13t°St., Dubuque.
Exterior storage shall comply with Published officially in the Telegraph Herald
Sedion 13-4.1 Site Design Standards newspaper on the 19t°day of May, 2017.
of the Unified Development Code. /s/Kevin S. Firnstahl, City Clerk
7. Platting
Subdivision plats shall be submitted 6. Reallocation of General Obligation Bond
in accordance with Section 11 Land Series 2012B: Proof of publication on notice of
Subdivision of the Unified Development public hearing to consider approval of a pro-
Code. posal to reallocate the unspent proceeds of the
8. Site Plans General Obligation Bond Series 2012B from
Final site development plans shall the construction, reconstruction and repair of
be submitted in accordance with Sec- street, sidewalk and streetscape improve-
tion 12 Site Plans and Section 13 Site ments to fund the acquisition and improve-
Design Standards of the Unified Devel- ments of the United States Postal Service
opment Code prior to construction of parking lot located at the corner of Locust and
each building and vehicle-related fea- 5t° Streets; the acquisition, demolition and
ture unless otherwise exempted by improvements of 1146 Elm Street; and parking
Section 12 Site Plans. improvements at 300 9t° Street. Motion by
9. Storm Water Conveyance Lynch to receive and file the documents and
The developer shall be responsible adopt Resolution No. 177-17 Instituting pro-
for providing surface or subsurface ceedings to take additional action and approv-
conveyance(s) of storm water from the ing the reallocation of certain unspent pro-
lot to existing storm sewers or to flow ceeds of the General Obligation Bonds, Series
line of open drainage ways outside the 2012B, of the City of Dubuque, lowa. Second-
lot in a means that is satisfactory to the ed by Connors. Motion carried 7-0.
City Engineer. Other applicable regula-
tions enforced by the City Engineer rel- RESOLUTION NO. 177-17
ative to storm water management and INSTITUTING PROCEEDINGS TO TAKE
drainage shall apply to properties in the ADDITIONAL ACTION AND APPROVING
PUD Distrid. THE REALLOCATION OF CERTAIN UN-
Book 147 Regular Session, May 15, 2017 211
SPENT PROCEEDS OF THE GENERAL OB- contract, and estimated cost for the Fiscal
LIGATION BONDS, SERIES 2012B, OF THE Year 2017 Cured-In-Place Pipe (CIPP) Sani-
CITY OF DUBUQUE, IOWA tary Sewer Lining Project and the City Manag-
Whereas, pursuant to notice published as er recommending approval. Motion by Lynch
required by law, this Council has held a public to receive and file the documents and adopt
meeting and hearing upon the proposal to in- Resolution No. 178-17 Approval of plans,
stitute proceedings for the reallocation of cer- specifications, form of contract, and estimated
tain unspent proceeds, in the amount of not to cost for the FY17 Sanitary Sewer Cured-in-
exceed $1,443,027 (the "Unspent Proceeds") Place Pipe (CIPP) Lining Projed. Seconded by
of the General Obligation Bonds, Series Resnick. Motion carried 7-0.
2012B, of the City of Dubuque, lowa, in order
to provide funds to pay costs of funding the RESOLUTION NO. 178-17
acquisition and improvements of the United APPROVAL OF PLANS, SPECIFICATIONS,
States Postal Service parking lot located at the FORM OF CONTRACT, AND ESTIMATED
corner of Locust and 5t° Streets in the amount COST FOR THE FY17 SANITARY SEWER
of approximately $250,000, to pay costs of CURED-IN-PLACE PIPE (CIPP) LINING
funding the acquisition, demolition and im- PROJECT
provements of 1146 Elm Street in the amount NOW THEREFORE, BE IT RESOLVED
of approximately $806,027 and to pay costs of BY THE CITY COUNCIL OF THE CITY OF
funding improvements at 300 9t° Street in the DUBUQUE, IOWA:
amount of approximately $387,000, and has That the proposed plans, specifications,
considered the extent of objections received form of contract and estimated cost for the
from residents or property owners as to said FY17 Sanitary Sewer Cured-in-Place Pipe
proposal and, accordingly the following action (CIPP) Lining Project, in the estimated amount
is now considered to be in the best interests of $325,96520, are hereby approved.
the City and residents thereof: Passed, adopted and approved this 15�n
NOW, THEREFORE, BE IT RESOLVED day of May 2017.
BY THE CITY COUNCIL OF THE CITY OF Roy D. Buol, Mayor
DUBUQUE, IOWA: Attest: Kevin S. Firnstahl, City Clerk
Sedion 1. That this Council does hereby
institute proceedings and takes additional ac- 8. Timber Ridge/Rustic Point Water Main
tion for the reallocation of the Unspent Pro- Extension Project 2017: Proof of publication on
ceeds of the General Obligation Bonds, Series notice of public hearing to consider approval of
2012B, for the foregoing purposes, and the plans, specifications, form of contract and es-
proposed reallocation of the Unspent Pro- timated cost for the Timber Ridge/Rustic Point
ceeds to pay costs of funding the acquisition Water Main 6ctension Projed 2017 and the
and improvements of the United States Postal City Manager recommending approval. Motion
Service parking lot located at the corner of by Jones to receive and file the documents
Locust and 5t° Streets, acquisition, demolition and adopt Resolution No. 179-17 Approval of
and improvements of 1146 Elm Street and plans, specifications, form of contract, and
improvements at 300 9t° Street, is in all re- estimated cost for the Timber Ridge/Rustic
spects authorized and approved. Point Water Main 6ctension 2017 Projed. Se-
Sedion 2. The Finance Director is author- conded by Connors. Motion carried 7-0.
ized and directed to take such action as may
be necessary to effect and implement the RESOLUTION NO. 179-17
foregoing reallocation of the Unspent Pro- APPROVAL OF PLANS, SPECIFICATIONS,
ceeds to pay costs of funding the acquisition FORM OF CONTRACT, AND ESTIMATED
and improvements of the United States Postal COST FOR THE TIMBER RIDGE/RUSTIC
Service parking lot located at the corner of POINT WATER MAIN EXTENSION 2017
Locust and 5t° Streets, acquisition, demolition PROJECT
and improvements of 1146 Elm Street and NOW THEREFORE, BE IT RESOLVED
improvements at 300 9th Street, and to cause BY THE CITY COUNCIL OF THE CITY OF
the records and accounts of the City to reflect DUBUQUE, IOWA:
the same. That the proposed plans, specifications,
Passed and approved this 15t° day of May, form of contract and estimated cost for the
2017. Timber Ridge/Rustic Point Water Main Exten-
Roy D. Buol, Mayor sion 2017 Project, in the estimated amount
Attest: Kevin S. Firnstahl, City Clerk $924,200.00, are hereby approved.
Passed, adopted and approved this 15�n
7. Fiscal Year 2017 Cured-In-Place Pipe day of May 2017.
(CIPP) Sanitary Sewer Lining Project: Proof of Roy D. Buol, Mayor
publication on notice of public hearing to con- Attest: Kevin S. Firnstahl, City Clerk
sider approval of plans, specifications, form of
Book 147 Regular Session, May 15, 2017 212
ACTION ITEMS copy of which Redevelopment Project Agree-
ment is on file at the Office of the City Clerk;
1. Flexsteel Industries, Inc.: City Manager and
recommending Council approval of the Rede- Whereas, the tract of land is more particu-
velopment Project Agreement between larly described as follows (hereinafter "the
Flexsteel Industries, Inc., Dubuque Initiatives Property"): Tax Parcel Numbers:
and the City of Dubuque; and approval of reso- . 1011426003 (30.00 acres);
lutions setting a public hearing for June 5, . 1011426004 (8.36 acres);
2017, to consider the Development Agreement . 1013101001 (026 acres);
between Flexsteel Industries, Inc. and the City . 1011427004 (0.83 acres);
of Dubuque, and the Offer to Buy and Ac- . 1014230001 (3.73 acres) excluding
ceptance between Dubuque County and the a parcel of real estate at the
City of Dubuque. Press Release from Greater Southwest corner of Flexsteel's
Dubuque Development Corporation. parking lot located at the Northeast
Redevelopment Project Agreement: Motion corner of 32nd and Jackson
by Jones to receive and file the documents Streets, Dubuque, lowa, consisting
and adopt Resolution No. 180-17 Approving a of approximately 35,680 square feet
Redevelopment Project Agreement by and and having a street address of 3250
among the City of Dubuque, lowa, Dubuque Jackson Street (American Trust
Initiatives, and Flexsteel Industries, Inc. Se- branch); and
conded by Connors. Motion carried 7-0. Whereas, Property was most recently used
Development Agreement and Offer to Buy as an industrial facility by Flexsteel which has
and Acceptance: Motion by Jones to receive entered into a Development Agreement with
and file the documents and adopt Resolution City to build a new industrial facility and retain
No. 181-17 Resolution of Intent to approve a employment in the City and County of Dubu-
Development Agreement between the City of que; and
Dubuque and Flexsteel Industries, Inc. and Whereas, Flexsteel desires to donate the
fixing the date for a public hearing of the City property to Initiatives, a not for profit communi-
Council of the City Of Dubuque, lowa on the ty development organization; and
proposed issuance of Urban Renewal Tax Whereas, the parties believe that the rede-
Increment Revenue Grant Obligations and velopment and utilization of the Property pur-
providing for the publication of notice thereof; suant to the Redevelopment Project Agree-
and Resolution No. 182-17 Resolution of Intent ment, and the fulfillment generally of the Re-
to dispose of an interest in City of Dubuque development Project Agreement, are in the
real estate pursuant to an offer to buy and vital and best interests of the citizens of the
acceptance between the City of Dubuque and City and County of Dubuque and in accord
Dubuque County, lowa and fixing the date for with the public purposes and provisions of the
a public hearing and providing for the publica- applicable federal, state and local laws and the
tion of notice thereof setting a public hearing requirements under which the Redevelopment
for a meeting to commence at 6:00 p.m. on project Agreement is undertaken and is being
June 5, 2017 in the Historic Federal Building. assisted; and
Seconded by Lynch. Motion carried 7-0. The Whereas, the parties have determined that
City Council thanked all the staff and partners the Redevelopment Project Agreement will
for their efforts in negotiating the agreements. remove a potential source of brownfield and
blight concerns on the community's north-side
RESOLUTION NO. 180-17 and be transformational in scope by providing
APPROVING A REDEVELOPMENT PRO- for the expansion of desirable uses both within
JECT AGREEMENT BY AND AMONG THE the urban core of the community and into the
CITY OF DUBUQUE, IOWA, DUBUQUE INI- surrounding county; and
TIATIVES, AND FLEXSTEEL INDUSTRIES, Whereas, the City Council believes that the
INC. development of the Property pursuant to the
Whereas, City of Dubuque, lowa, a munic- Redevelopment Project Agreement, and the
ipality (City), established pursuant to the lowa fulfillment generally of the Redevelopment
Code and acting under authorization of lowa project Agreement, are in the vital and best
Code Chapter 403, as amended (Urban Re- interests of City and in accord with the public
newal Ad), Dubuque Initiatives, an lowa not purposes and provisions of the applicable fed-
for profit corporation (Initiatives), and Flexsteel eral, state and local laws; and
Industries, Inc., a Minnesota corporation, with Whereas, it is the determination of the City
its principal place of business in Dubuque, Council that approval of the Redevelopment
lowa (Flexsteel), have tentatively entered into project Agreement according to the terms and
a Redevelopment Project Agreement regard- conditions set out in the Redevelopment Pro-
ing the redevelopment of a certain tract of land ject Agreement is in the public interest of the
located in the City and County of Dubuque, a
Book 147 Regular Session, May 15, 2017 213
City of Dubuque. the proposal and of the time and place of the
NOW, THEREFORE, BE IT RESOLVED meeting at which the City Council proposes to
BY THE CITY COUNCIL OF THE CITY OF take action thereon and at which meeting the
DUBUQUE, IOWA: City Council shall receive oral and/or written
Section 1. That the Redevelopment Project objections from any resident or property owner
Agreement by and among the City of Dubu- of said City to such proposed action.
que, Dubuque Initiatives, and Flexsteel Indus- NOW THEREFORE, BE IT RESOLVED
tries, Inc. is hereby approved. BY THE CITY COUNCIL OF THE CITY OF
Sedion 2. That the Mayor is hereby au- DUBUQUE, IOWA:
thorized and directed to execute the Redevel- Sedion 1. The City of Dubuque intends to
opment Project Agreement on behalf of the approve the proposed Development Agree-
City of Dubuque and the City Clerk is author- mentwith Flexsteel.
ized and directed to attest to his signature. Sedion 2. The City Clerk is hereby author-
Sedion 3. That the City Manager is author- ized and directed to cause a notice to be pub-
ized to take such adions as are necessary to lished as prescribed by lowa Code Section
comply with the terms of the Redevelopment 403.9 of a public hearing to be held on the 5�n
Project Agreement as herein approved. day of June, 2017 at 6:00 p.m. in the City
Passed, approved and adopted this 15t° Council Chambers at the Historic Federal
day of May, 2017. Building, 350 W. 6t°Street, Dubuque, lowa.
Roy D. Buol, Mayor Section 3. The City Council will meet at
Attest: Kevin S. Firnstahl, City Clerk said time and place for the purpose of taking
action on the matter of authorizing the execu-
RESOLUTION NO. 181-17 tion of the Development Agreement with
INTENT TO APPROVE A DEVELOPMENT Flexsteel, pursuant to and in accordance with
AGREEMENT BETWEEN THE CITY OF the Urban Renewal Plan for the Dubuque In-
DUBUQUE AND FLEXSTEEL INDUSTRIES, dustrial Center Economic Development Dis-
INC.AND FIXING THE DATE FOR A PUBLIC trict, including but not limited to the funding of
HEARING OF THE CITY COUNCIL OF THE Economic Development Grants to Flexsteel
CITY OF DUBUQUE, IOWA ON THE PRO- under the terms and conditions of the Devel-
POSED ISSUANCE OF URBAN RENEWAL opment Agreement and said Urban Renewal
TAX INCREMENT REVENUE GRANT OBLI- Plan. It is expected that the aggregate amount
GATIONS AND PROVIDING FOR THE PUB- of the Economic Development Grants will not
LICATION OF NOTICE THEREOF exceed $4,100,000.
Whereas, the City of Dubuque, lowa (City) Sedion 4. The City Clerk is hereby di-
is the owner of the following real property (the rected to cause at least one publication to be
Property): made of a notice of said meeting, in a news-
Lot 4 of Dubuque Industrial Center paper, printed wholly in the English language,
South First Addition in the City of published at least once weekly, and having
Dubuque, lowa; and general circulation in said City, said publication
Whereas, City and Flexsteel Industries, to be not less than four days nor more than
Inc. (Flexsteel) have entered into a Develop- twenty days before the date of said meeting on
ment Agreement, subject to the approval of the the issuance of said obligations.
City Council, pursuant to which Flexsteel will Section 5. That the notice of the proposed
construct on the property certain improve- action shall be in substantially the form at-
ments described in the Development Agree- tached hereto.
ment; and Passed, approved and adopted this 15�n
Whereas, the City Council has tentatively day of May, 2017.
determined that it wnuld be in the best inter- Roy D. Buol, Mayor
ests of City to approve the Development Attest: Kevin S. Firnstahl, City Clerk
Agreement; and
Whereas, the Development Agreement
provides for the issuance by City of economic
development grants to Flexsteel, referred to
therein as the Economic Development Grants,
payable from the tax increment revenues col-
lected in respect of the Improvements to be
constructed by Flexsteel in accordance with
the Development Agreement, for the purpose
of carrying out the objedives of an Urban Re-
newal Plan as hereinafter described; and
Whereas, before said obligations may be
approved, Chapter 403 of the Code of lowa
requires that the City Clerk publish a notice of
Book 147 Regular Session, May 15, 2017 214
RESOLUTION NO. 182-17 toric Federal Building, 350 W. 6t° Street,
INTENT TO DISPOSE OF AN INTEREST IN Dubuque, lowa.
CITY OF DUBUQUE REAL ESTATE PUR- Sedion 3. The City Clerk is hereby di-
SUANT TO AN OFFER TO BUY AND AC- rected to cause at least one publication to be
CEPTANCE BETWEEN THE CITY OF inade of a notice of said meeting, in a news-
DUBUQUE AND DUBUQUE COUNTY, IOWA paper, printed wholly in the English language,
AND FIXING THE DATE FOR A PUBLIC published at least once weekly, and having
HEARING AND PROVIDING FOR THE PUB- general circulation in said City, said publication
LICATION OF NOTICE THEREOF to be not less than four days nor more than
Whereas, the City of Dubuque, lowa (City) twenty days before the date of said meeting on
is the owner of the following real property (the the disposal of the City's interest in the Proper-
Property): ty.
Lot 4 of Dubuque Industrial Center Sedion 4. That the notice of the proposed
South First Addition in the City of action shall be in substantially the form at-
Dubuque, lowa; and tached hereto.
A parcel of land of 3.88 acres more or less Passed, approved and adopted this 15�n
on Seippel Road in the Dubuque Industrial day of May, 2017.
Center West Urban Renewal Distrid of the Roy D. Buol, Mayor
City of Dubuque, as shown on Exhibit A at- Attest: Kevin S. Firnstahl, City Clerk
tached hereto, subject to survey and platting
the cost of which will be paid by Buyer; and 2. State of lowa Application for Business
Whereas, City and Dubuque County, lowa Financial Assistance - Flexsteel Industries,
(County) have entered into an Offer to Buy and Inc.: City Manager recommending authoriza-
Acceptance (the Agreement), subject to the tion to submit an lowa Economic Development
approval of the City Council, pursuant to which Assistance Application by Flexsteel Industries,
City will convey the Property to County; Coun- Inc. to the lowa Economic Development Au-
ty will convey Lot 4 of Dubuque Industrial Cen- thority. Motion by Connors to receive and file
ter South First Addition in the City of Dubuque, the documents and adopt Resolution No. 183-
lowa to Flexsteel Industries, Inc. or an affiliate 17 Authorizing the filing of an application for
of Flexsteel Industries, Inc. (Flexsteel), and State Business Financial Assistance on behalf
Flexsteel will construd on Lot 4 of Dubuque of Flexsteel Industries, Inc. Seconded by Del
Industrial Center South First Addition in the Toro. Motion carried 7-0.
City of Dubuque, lowa certain Improvements
for a manufacturing facility described in a De- RESOLUTION NO. 183-17
velopment Agreement between the City of AUTHORIZING THE FILING OF AN APPLI-
Dubuque, lowa and Flexsteel; and CATION FOR STATE BUSINESS FINAN-
Whereas, the City Council has tentatively CIAL ASSISTANCE ON BEHALF OF
determined that it wnuld be in the best inter- FLEXSTEEL INDUSTRIES, INC.
ests of City to approve the Agreement for sale Whereas, Flexsteel Industries, Inc. has
of the Property to County; and proposed making a Thirty-Five Million Five
Whereas, the Code of lowa requires that Hundred Sixty-Four Thousand Dollar
the City Clerk publish a notice of the proposal ($35,564,000.00) investment for the remedia-
and of the time and place of the meeting at tion of its current facility and construction of a
which the City Council proposes to take action new manufacturing facility in the City of Dubu-
thereon and at which meeting the City Council que, lowa; and
shall receive oral and/or written objections Whereas, the City Council of the City of
from any resident or property owner of said Dubuque, lowa has considered the proposal
City to such proposed action. and has determined that the proposed project
NOW THEREFORE, BE IT RESOLVED will contribute to the local economy through
BY THE CITY COUNCIL OF THE CITY OF the retention of two hundred (200) full-time
DUBUQUE, IOWA: jobs in the City, all of which qualify for the lowa
Section 1. The City of Dubuque intends to Economic Development Authority Business
dispose of its interest in the foregoing- Financial Assistance Program; and
described Property by Deed to Dubuque Whereas, financial assistance from the lo-
County, lowa pursuant to the proposed wa Economic Development Authority is de-
Agreement. signed to assist in the economic development
Sedion 2. The City Clerk is hereby author- efforts of local jurisdictions; and
ized and directed to cause a notice to be pub- Whereas, the lowa Economic Development
lished as prescribed by lowa Code Section Authority has requested execution of an Eco-
364.7 of a public hearing on the City's intent to nomic Development Assistance Contract in
dispose of the foregoing-described Property, to order to finalize incentives and document as-
be held on the 5t° day of June, 2017, at 6:00 sociated terms for the remediation of the cur-
p.m. in the City Council Chambers at the His- rent facility on Jackson Street and the con-
Book 147 Regular Session, May 15, 2017 215
strudion of Flexsteel Industries, Inc.'s pro- RESOLUTION NO. 184-17
posed facility in the Dubuque Industrial Center AUTHORIZING THE FILING OF AN APPLI-
in the City. CATION FOR STATE BUSINESS FINAN-
NOW, THEREFORE, BE IT RESOLVED CIAL ASSISTANCE ON BEHALF OF WAVE
BY THE CITY COUNCIL OF THE CITY OF REACTIONS, INC.
DUBUQUE, IOWA: Whereas, Wave Reactions, Inc. has pro-
Section 1. That the filing of an Application posed making a One Million Nine Hundred
for participation in the lowa Economic Devel- Eighty Thousand Dollar ($1,980,000.00) in-
opment Authority's Financial Assistance Pro- vestment for the purchase and improvement of
gram on behalf of Flexsteel Industries, Inc., a an office facility in the City of Dubuque, lowa;
copy of which is attached hereto, is hereby and
approved. Whereas, the City Council of the City of
Sedion 2. That the Mayor is hereby au- Dubuque, lowa has considered the proposal
thorized to execute and the City Manager is and has determined that the proposed project
hereby directed to submit the Application to will contribute to the local economy through
the lowa Economic Development Authority the creation of twenty (20) full-time jobs in the
together with such other documents as may be City, all of which qualify for the lowa Economic
required. Development Authority Business Financial
Passed, approved, and adopted this 15t° Assistance Program; and
day of May, 2017. Whereas, financial assistance from the lo-
Roy D. Buol, Mayor wa Economic Development Authority is de-
Attest: Kevin S. Firnstahl, City Clerk signed to assist in the economic development
efforts of local jurisdictions; and
3. Imagine Dubuque Comprehensive Plan Whereas, the lowa Economic Development
Update and Request for (2) Work Sessions: Authority has requested execution of an Eco-
City Manager transmitting the third quarterly nomic Development Assistance Contract in
update for the new Imagine Dubuque Com- order to finalize incentives and document as-
prehensive Plan and requests the City Council sociated terms for the acquisition and im-
schedule two wnrk sessions, one on July 10 provements of Wave Reaction, Inc.'s proposed
and the other on August 28. Motion by Con- location at 703 Main Street in the City.
nors tor receive and file the documents, set the NOW, THEREFORE, BE IT RESOLVED
work sessions as recommended and view the BY THE CITY COUNCIL OF THE CITY OF
presentation. Seconded by Resnick. Mike DUBUQUE, IOWA:
Hoffman of Teska and Associates and the Section 1. That the filing of an Application
City's Associate Planner Dave Johnson pro- for participation in the lowa Economic Devel-
vided a slide presentation. Topics included: opment Authority's Financial Assistance Pro-
Timelines 2016-2017 for community work- gram on behalf of Wave Reaction, Inc., a copy
shops and events; community outreach and of which is attached hereto, is hereby ap-
overview of components; interview groups; proved.
promotion; emerging themes; and whaYs next. Section 2. That the Mayor is hereby au-
Motion carried 7-0. thorized to execute and the City Manager is
hereby directed to submit the Application to
4. State of lowa Application for Business the lowa Economic Development Authority
Financial Assistance - Wave Reaction, Inc.: together with such other documents as may be
City Manager recommending authorization to required.
submit an lowa Economic Development Assis- Passed, approved, and adopted this 15�n
tance Application by Wave Readion, Inc. to day of May, 2017.
the lowa Economic Development Authority for Roy D. Buol, Mayor
the proposed investment of approximately Attest: Kevin S. Firnstahl, City Clerk
$1.98 million for the relocation of its Illinois
operations to downtown Dubuque. Motion by 5. 2017 Asphalt Overlay Project Twn
Resnick to receive and file the documents and Award: City Manager recommending that the
adopt Resolution No. 184-17 Authorizing the award for the 2017 Asphalt Overlay Access
filling of an application for State Business Fi- Ramp Project Two to Dan Arensdorf Construc-
nancial Assistance on behalf of Wave Reac- tion, Inc. be officially recorded in the minutes
tions, Inc. Seconded by Connors. Motion car- of the City Council. Motion by Lynch to receive
ried 7-0. and file the documents. Seconded by Connors.
Motion carried 7-0.
6. Westside Water System Improvements -
Construdion Inspection Contrad Award: City
Manager recommending authorization to enter
into an agreement with IIW, P.C. to perform
Book 147 Regular Session, May 15, 2017 216
construction administration and inspection ORDINANCE NO. 23-17
services associated with the water main ex- AMENDING CITY OF DUBUQUE CODE OF
tension to the former Central lowa Water As- ORDINANCES TITLE 10 PUBLIC WAYS
sociation's (CIWA) Vernon Water and Barring- AND PROPERTY, CHAPTER 5 PARKS AND
ton Lakes water systems. Motion by Connors RECREATION, ARTICLE B USE REGULA-
to receive and file the documents and approve TIONS, SECTIONS 10-5B-2 INTOXICATING
the recommendation. Seconded by Lynch. BEVERAGES, 10-5B4 DOGS, CATS AND
Motion carried 7-0. OTHER DOMESTIC ANIMALS, 10-5B-5
WALKING ON GRASS, 10-5B-7 INTERFER-
7. Fundraising and Naming Recognition ING WITH ANIMALS, 10-5B-16 MEETINGS
Policy: City Manager recommending approval AND GATHERINGS, 10-5B-20 COMPLI-
of a Fundraising and Naming Recognition Pol- ANCE WITH MOTOR VEHICLE LAWS, OR-
icy for Major Capital Projects on City Lands or DINANCES, 10-5B-21 REMOVAL OF UNAT-
Under City Jurisdidion. Motion by Connors to TENDED VEHICLES LEFT AFTER CLOSING
receive and file the documents and approve HOURS, 10-5B-22 OPEN SEASON AND
the recommendation. Seconded by Jones. HOURS GENERALLY; ARTICLE C SPECIF-
Motion carried 7-0. IC PARKS, OPEN SPACES AND TRAILS,
SECTION 10-SC-1 SPECIFIC PARK AREAS,
8. Code of Ordinances Amendment - Title OPEN SPACES, AND TRAILS DESCRIBED;
10 Parks and Recreation, Public Ways and AND AMENDING ARTICLE B USE REGU-
Property related to the Bee Branch Creek LATIONS BY ADDING SECTIONS 10-5B-23
Greenway: City Manager recommending ap- WATERSPORTS, SWIMMING, AND WAD-
proval of ordinance amendments to address ING AND 10-5B-24 PROHIBITED ACTIVI-
the addition of the Bee Branch Creek Green- TIES, SIGNAGE
way. Motion by Jones to receive and file the NOW, THEREFORE, BE IT ORDAINED
documents and that the requirement that a BY THE CITY COUNCIL OF THE CITY OF
proposed ordinance be considered and voted DUBUQUE, IOWA:
on for passage at hnro Council meetings prior Section 1. Section 10-5B-2 of the City of
to the meeting at which it is to be passed be Dubuque Code of Ordinances is amended to
suspended. Seconded by Connors. Leisure read as follows:
Services Manager Marie Ware and City Attor- 10-5B-2: INTOXICATING BEVERAGES:
ney Brumwell responded to questions from the A. Possession, Consumption, Or Use
City Council about skateboards and non- of Alcoholic Liquor, Wine, Beer, Or Other
motorized vehicles and the efforts taken to Intoxicating Beverages Prohibited:
prevent damage to the property as well as 1. The possession, consumption, or
what defines something as non-motorized. use of alcoholic liquors, wine, and beer
Motion carried 7-0. as defined by chapter 123 of the code
Motion by Jones for final consideration and of lowa or any other intoxicating bever-
passage of Ordinance No. 23-17 Amending ages is prohibited on park roadways
City of Dubuque Code of Ordinances Title 10 and trails, in park and recreation facility
Public Ways and Property, Chapter 5 Parks parking lots, and in vehicles located
and Recreation, Article B Use Regulations, within a park.
Sections 10-5B-2 Intoxicating Beverages, 10- 2. The possession, consumption, or
5B-4 Dogs, Cats and Other pomestic Animals, use of alcoholic liquors, wine, and beer
10-5B-5 Walking on Grass, 10-5B-7 Interfering as defined by chapter 123 of the code
with Animals, 10-5B-16 Meetings and Gather- of lowa or any other intoxicating bever-
ings, 10-5B-20 Compliance with Motor Vehicle ages is prohibited in any public park,
Laws, Ordinances, 10-5B-21 Removal of Unat- open space, or park and recreation fa-
tended Vehicles Left After Closing Hours, 10- cility unless specifically exempted in
5B-22 Open Season and Hours Generally; subsedion B of this section.
Article C Specific Parks, Open Spaces and B. 6cemptions:
Trails, Section 10-5C-1 Specific Park Areas, 1. Locations Exempt: Subsection
Open Spaces, and Trails Described; and A2 of this sedion shall not apply to the
Amending Article B Use Regulations by Add- possession, consumption, or use of al-
ing Sections 10-5B-23 Watersports, SWim- coholic liquors, wine, beer, or other in-
ming, and Wading and 10-5B-24 Prohibited toxicating beverages at:
Activities, Signage; and Ordinance No. 24-17 a. Alliant Energy Amphitheater
Amending City of Dubuque Code of Ordinanc- events for which a special events
es Title 10 Public Ways and Property, Chapter permit has been issued under chap_
7 Boats and Waterfront Strudures, Sedion 10- ter 4 of this title;
7-13 Adivities Prohibited. Seconded by Con-
nors. Motion carried 7-0.
OFFICIAL PUBLICATION
Book 147 Regular Session, May 15, 2017 217
b. American Trust River's Edge B. Leashed Dogs and Cats Allowed in
Plaza events for which a special Certain Parks And Areas:
events permit has been issued un- 1. Notwithstanding the foregoing,
der chapter 4 of this title; leashed dogs and cats shall be permit-
c. A.Y. McDonald Park; ted in the following:
d. Bee Branch CreekGreenway; A.Y. McDonald Park, Bee
e. Bunker Hill Golf Course; Branch Creek Greenway, Granger
f. Eagle Point Park; Creek Nature Trail, Heritage Trail,
g. Flora Park; Jaycee Trail, John G. Bergfeld Rec-
h. Four Mounds Park as ap- reation Area, Medical Associates
proved by the Four Mounds Foun- Greenbelt Park, Miller-Riverview
dation; Park, Northwest Arterial Trail, Port
i. John G. Bergfeld Recreation of Dubuque Marina, Port of Dubu-
Area; que Riverwalk Trail, Powerline Trail,
j. Marshall Park as approved by Pyatigorsk Park, Southern Levy
the Dubuque Arboretum Associa- Trail
tion, Inc.; 2. Leashed dogs and cats as al-
k. McAleece Park and Recrea- lowed in subsedion B1 of this section
tion Complex; are subject to and must comply with the
I. Miller-Riverview Park; provisions of title 7, chapter 6 of this
m. Murphy Park; code.
n. Port of Dubuque Marina; 3. The owner or keeper must pick
o. Port of Dubuque Riverwalk up and dispose of or take away the dog
Trail events for which a special or caYs waste.
events permit has been issued un- 4. The owner or keeper is responsi-
der chapter 4 of this title; ble for the actions of the dog or cat.
p. Veterans Park; and C. Unleashed Pets Allowed in Pet Park:
q. Any other park with the prior Unleashed pets shall be permitted in the
written approval of the city manag- pet park.
er. D. Exceptions: This section does not
2. Closed Containers: Subsedion A applyto:
of this section shall not apply to the 1. Service animals used by persons
transporting of closed containers of in- with disabilities;
toxicating beverages on park road- 2. As part of an approved and per-
ways, in park and recreation facility mitted special event under chapter 4 of
parking lots, in vehicles located within thistitle;
the park, and the public parks and park 3. Animals which are part of the
and recreation facilities listed in sub- Storybook Hill Petting Zoo at Franklin
sedion B1 of this sedion. Delano Roosevelt Park; and
3. Keg Beer: Notwithstanding sub- 4. Animals within Eagle Point Park,
section B1 of this section, beer in con- Murphy Park and Flora Park which are
tainers commonly referred to as "keg confined to an automobile, camper,
beer" shall only be permitted by a li- motor home (a.k.a. recreational vehi-
censed holder of a beer permit who has cle), or other similar conveyance during
obtained a permit from the city manag- the entirety of their time within the des-
er authorizing the use of such contain- ignated park(s), parkway(s), trail(s), or
er. open space(s).
Sedion 2. Section 10-5B-4 of the City of Sedion 3. Section 10-5B-5 of the City of
Dubuque Code of Ordinances is amended to Dubuque Code of Ordinances is amended to
read as follows: read as follows:
10-5B-4: DOGS, CATS AND OTHER DO- 10-5B-5: ACCESS LIMITED:
MESTIC ANIMALS: No person may proceed into or upon an
A. Animals Prohibited: No person shall area of any park, parkway, trail, or open space
be permitted to bring into any park, park- where any prohibitory sign is posted.
way, trail, or open space, any dog, cat or Sedion 4. Section 10-5B-7 of the City of
other domestic animal, nor shall any per- Dubuque Code of Ordinances is amended to
son permit such dog, cat or other domestic read as follows:
animal to run at large in any park, parkway, 10-5B-7: INTERFERING WITH ANIMALS,
trail, or open space. Any unattended ani- FISHING:
mal shall be impounded and its owner may No person shall kill, trap, tease, annoy, dis-
redeem the same upon paying the reason- turb, feed or interfere with any bird or other
able costs of such impoundment. fowl, or animals in any park, parkway, trail, or
open space. No person shall rob, injure or
Book 147 Regular Session, May 15, 2017 218
destroy the nest of any bird or any other fowi. Parking may be limited to users of parks,
Fishing is allowed at the following loca- parkways, trails, or open spaces and the city
tions: manager reserves the right to remove motor
AY McDonald Park, Bee Branch Creek vehicles which are not associated with users of
Greenway, Bissell Harbor, Dove Harbor, Sev- the parks, parkways, trails, or open spaces.
enth Street area, Dubuque Marina Harbor, Sedion 8. Section 10-5B-22 of the City of
Heron Pond, located within Miller Riverview Dubuque Code of Ordinances is amended to
Park, Ice Harbor, John G. Bergfeld Recreation read as follows:
Area, Maus Park, Port of Dubuque Marina, 10-5B-22: OPEN SEASON AND HOURS
Schmitt Harbor, 16t° Street detention basin, GENERALLY:
32od Street detention basin ponds A. No person shall enter or remain in
Sedion 5. Section 10-5B-16 of the City any park, parkway, trail, open space, or
of Dubuque Code of Ordinances is amended park and recreation facility other than dur-
to read as follows: ing the season and hours designated in
10-5B-16: MEETINGS AND GATHER- thissection.
INGS: B. For the purposes of this sedion, the
Parks, parkways, trails, open spaces, or regular park season shall mean from the
portions thereof, are available for reservation first Saturday in May through the fourth
for group gatherings during the open park sea- Sunday of October. The pet park shall be
son by contading the Leisure Services De- open year-round.
partment office. Such reservations can be C. Eagle Point Park and Louis Murphy
made twenty-three (23) months in advance. Park shall be open for use by the public
Parks, parkways, trails, open spaces, or por- from seven o'clock (7:00) a.m. to ten
tions thereof, shall be cleaned up after use by o'clock (10:00) p.m. Sunday through
the party reserving the same. Litter, cans, pa- Thursday, and from seven o'clock (7:00)
per, waste and refuse shall be deposited in a.m. to eleven o'clock (11:00) p.m. Friday
receptacles provided therefor. and Saturday during the regular park sea-
Sedion 6. Section 10-5B-20 of the City of son.
Dubuque Code of Ordinances is amended to D. Marshall Park and the public use ar-
read as follows: ea of Franklin Delano Roosevelt Park shall
10-5B-20: COMPLIANCE WITH TRAFFIC be open to the general public from seven
AND VEHICLE LAWS, ORDINANCES: o'clock (7:00) a.m. to sunset daily during
A. Motorized Vehicles: No person in a the regular park season.
park, parkway, trail, or open space shall fail E. Gerald "Red" McAleece Park And
to comply with all applicable provisions of Recreation Complex and Veterans Memo-
the motor vehicle laws of the state in re- rial Park shall be open for use by the public
gard to equipment and operation of motor from seven o'clock (7:00) a.m. to twelve
vehicles together with such regulations as o'clock(12:00) midnight daily.
are contained in this article and other ordi- F. Bunker Hill Golf Course shall be
nances of the city. open for use by the public from seven
Non-Motorized Vehicles: Non- o'clock (7:00) a.m. to eleven o'clock
motorized vehicles, including, but not lim- (11:00) p.m. daily, March through Novem-
ited to skateboards, bicycles, scooters, and ber.
hoverboards, must comply with the provi- G. Flora Park Swimming Pool and
sions of 9-7321275A. Nicholas J. Sutton Swimming Pool shall be
Section 7. Section 10-5B-21 of the City of open for use by the public from six o'clock
Dubuque Code of Ordinances is amended to (6:00) a.m. to ten o'clock(10:00) p.m. daily,
read as follows: June through August.
10-5B-21: UNATTENDED VEHICLES: H. The following parks, parkways,
Any motor vehicle left unattended in any of trails, open spaces, and park and recrea-
the parks after closing thereof shall be deemed tion facilities will be open for use by the
abandoned and the city manager or the park public from seven o'clock (7:00) a.m. to ten
ranger shall cause the same to be towed from o'clock (10:00) p.m. daily, unless alter-
such park and the same shall not be re- nate/extended times/hours have been ap-
deemed by the owner or the person responsi- proved through a special events permit or
ble therefor until the reasonable towing charg- conditions of a city rental reservation:
es and storage fees are paid. A.Y. McDonald Park, Allison-
It shall be unlawful for a motor vehicle to Henderson Park, Avon Park, Burden Park,
stand or park in a park, parkway, trail, or open Caledonia Park, Cancer Survivor Park,
space for more than twenty-four (24) hours Center Grove open space, Cleveland Park,
without such vehicle being moved, unless au- Comiskey Park, Eagle Valley Park,
thorized by the city manager. Elmwood Green Park, Falk Park, Flat Iron
. . . . Park, Flora Park, Gay Park, Grant Park,
Book 147 Regular Session, May 15, 2017 219
Harvest View Park, Hillcrest Park, Hilltop The following described parcels of real es-
Park, Ice Harbor Park, Jackson Park, Jef- tate are and will be used for public park pur-
ferson Park, John G. Bergfeld Recreation poses and will continue to be known as set
Area, Madison Park, Marna Ridge Chil- forth below and placed under the jurisdiction of
dren's Forest, Medical Associates Green- the park and recreation advisory commission:
belt, Oakwood Park, Pet Park, Pinard Park, . . . .
Port of Dubuque Marina, Pyatigorsk Park, Alliant Energy Amphitheater: The area of
Riley Park, Rocco Buda Jr. Park, Southern the Port of Dubuque west of the Port of Dubu-
Park, Teddy Bear Park, Trolley Line Trail, que Riverwalk Trail, south of the railroad
Usha Park, Valentine Park, Valley High tracks, east of Bell Street, and adjacent to the
Park, Waller-Cooper Park, Washington former Dubuque Star Brewery.
Park,Welu Park,Westbrook Park . . . .
I. Miller-Riverview Park shall be open for American Trust River's Edge Plaza: That
use by the public from seven o'clock (7:00) area, including the flat area, steps and ramp,
a.m. until ten o'clock (10:00) p.m. daily, and outside the floodwall at the Port of Dubuque at
only registered campers shall be permitted in the south end of the Port of Dubuque River-
the area at all other hours. walk Trail.
J. The city manager or authorized repre- . . . .
sentative shall have the authority to close any Bee Branch Creek Greenway: The park
or all parks, parkways, trails, open spaces, area surrounding the 16t° Street detention ba-
park and recreation facilities, park roadways sin and paralleling the day lighted Bee Branch
and park parking lots before scheduled closing Creek.
hours at times it is deemed necessary in the . . . .
interest and safety of the public. Cancer Survivor Park: Lot 21 and 22 of the
K. The following parks shall be open for Finley Home Addition.
use by the public twenty-four (24) hours per . . . .
day: Creek Wood Park: Lot 2 of Timber-Hyrst
Alliant Energy Amphitheater, American Place#2 in the City of Dubuque.
Trust River's Edge Plaza, Bee Branch . . . .
Creek Greenway, Granger Creek Nature Maus Park: Lot 1-1-1 of Mineral Lot 38, Lot
Trail, Heritage Trail, Jaycee Trail, North- 2 of Sedion 31, Township 89 North, Range 2
west Arterial Trail, Port of Dubuque River- East of Lands Part of Moore's Mill Slough
walk Trail, Powerline Trail, Southern Levy Township 89 North, Range 2 East Part of
Trail Moore's Mill Slough in Section 31 and Section
Sedion 9. Title 10, Chapter 5, Article B of 36, Township 89 North, Range 2 East and Lot
the City of Dubuque Code of Ordinances is 1 Mount Carmel Subdivision.
amended by adding the following: . . . .
10-5B-23: WATERSPORTS, SWIMMING, Valentine Park: Lot 1 of the Subdivision of
AND WADING. Lot 1 of Lot 1 of Lot 1 of McLean Heights and
See 10-7-13. Lot 4 in Block 2 of Marna Ridge Estates 2 in
Sedion 10. Title 10, Chapter 5, Article B of the city of Dubuque, lowa and Lot 1 of Roep-
the City of Dubuque Code of Ordinances is sch Place No. 2.
amended by adding the following: . . . .
10-5B-24: PROHIBITED ACTIVITIES, Sedion 12. This Ordinance takes effed
SIGNAGE: upon publication.
The city manager is authorized to post Passed, approved and adopted this 15�n
signage in parks, parkways, trails, and open day of May, 2017.
spaces, or any portions thereof, regulating /s/Roy D. Buol, Mayor
activities within the designated area. A failure Attest: /s/Kevin S. Firnstahl, City Clerk
to comply with signage shall be a violation of Published officially in the Telegraph Herald
this code. newspaper on the 19t°day of May, 2017.
Sedion 11. Sedion 10-5C-1 of the City of /s/Kevin S. Firnstahl, City Clerk
Dubuque Code of Ordinances is amended to
read as follows: OFFICIAL PUBLICATION
10-5C-1: SPECIFIC PARK AREAS, OPEN ORDINANCE NO. 24-17
SPACES, AND TRAILS DESCRIBED: AMENDING CITY OF DUBUQUE CODE OF
Park descriptions for parks, open space ORDINANCES TITLE 10 PUBLIC WAYS
descriptions for open spaces and trail descrip- AND PROPERTY, CHAPTER 7 BOATS,
tions for trails will be reviewed on a periodic BOATING AND WATERFRONT STRUC-
basis and added, deleted and amended as TURES, SECTION 10-7-13 ACTIVITIES
necessary. Enforcement of use regulations will PROHIBITED
not be contingent on parks, open spaces, and NOW, THEREFORE, BE IT ORDAINED
trails being specifically listed in this sedion. BY THE CITY COUNCIL OF THE CITY OF
Book 147 Regular Session, May 15, 2017 220
DUBUQUE, IOWA: day of May, 2017.
Sedion 1. Sedion 10-7-13 of the City of /s/Roy D. Buol, Mayor
Dubuque Code of Ordinances is amended to Attest: /s/Kevin S. Firnstahl, City Clerk
read as follows: Published officially in the Telegraph Herald
10-7-13: PLACES AND HOURS OF RE- newspaper on the 19t°day of May, 2017.
STRICTION: /s/Kevin S. Firnstahl, City Clerk
A. Watersports Prohibition: No person
shall ice skate or operate a vessel towing a 9. Request to Reschedule July 3, 2017
person or persons on water skis, surfboard Regular City Council Meeting: Mayor Buol
or similar device, nor shall any person en- submitting a request to reschedule the regular
gage in waterskiing, motorized personal City Council meeting of Monday, July 3, 2017
watercraft operation, surfboarding (exclud- to Wednesday, July 5, 2017 at 6:00 p.m. Mo-
ing paddle boarding) or similar activity at tion by Connors to receive and file the docu-
any time in the following areas: ments and reschedule the meeting as re-
1. Bissell Harbor, 2. Dove Harbor, quested. Seconded by Resnick. Motion carried
Seventh Street area, 3. Dubuque Mari- 7-0.
na Harbor, 4 Heron Pond, located with-
in Miller Riverview Park, 5. Ice Harbor 10. Bee Branch Creek Grand Opening:
including Port of Dubuque Marina, 6. City Manager providing save-the-date infor-
John mation for the ribbon cutting and grand open-
G. Bergfeld Recreation Area. ing of the Bee Branch Creek on Wednesday,
7. Maus Park, 8. Northwest Arterial July 19, 2017 at the Bee Branch Amphitheater.
Detention Basin, 9. Schmitt Harbor, 10. Motion by Connors to receive and file the doc-
16t° Street Detention Basin, 11. 32od uments. Seconded by Resnick. Motion carried
Street Detention Basin Pond(s). 7-0.
B. SWimming and Wading: No person
shall swim or wade at any time in the fol- COUNCIL MEMBER REPORTS
lowing areas:
1. Bee Branch Creek Greenway, 2. Mayor Buol, on behalf of the City Council
Bissell Harbor, 3. Dove Harbor, Sev- and staff, congratulated and thanked Assistant
enth Street Area, 4. Dubuque Marina City Manager Cindy Steinhauser. This is her
Harbor, 5. Heron Pond, located within last meeting as she prepares for her new posi-
Miller Riverview Park, 6. Ice Harbor in- tion as City Manager in Frankfort, Kentucky.
cluding Port of Dubuque Marina, 7.
John G. Bergfeld Recreation Area, 8. Council Member Connors reported on do-
Maus Park, 9. Miller Riverview Park, ing presentations and tours with several local
10. Northwest Arterial Detention Basin, Boy Scout Troop members who earn a new
11. Port of Dubuque Riverwalk Trail, badge for meeting with elected officials.
12. Rivers Edge Plaza, 13. Schmitt
Harbor, 14. 16t°Street Detention Basin, There being no further business, upon mo-
15. 32od Street Detention Basin tion the City Council adjourned at 825 p.m.
pond(s).
C. Schmitt Harbor and Hawthorne /s/Kevin S. Firnstahl, CMC, City Clerk
Street Boat Ramps: No person shall swim
or ice skate within five hundred feet (500')
of the Schmitt Harbor Boat Ramp and the
Hawthorne Street Boat Ramp.
D. In all other areas under the jurisdic-
tion of the city, no person shall swim, ice
skate or operate a vessel towing a person
or persons on water skis, surfboard or simi-
lar device, nor shall any person engage in
waterskiing, surfboarding (excluding pad-
dle boarding) or similar activity at any time
between the hours of one-half (1/2) hour
after sunset to sunrise.
E. Nothing herein shall prohibit access
to the Ice Harbor including the Port of
Dubuque Marina for commercial use of the
facility.
Sedion 2. This Ordinance takes effect up-
on publication.
Passed, approved and adopted this 15�n
Book 147 Special Session, May 22, 2017 221
CITY OF DUBUQUE, IOWA Section 1. The City Clerk is hereby author-
CITY COUNCIL PROCEEDINGS ized and directed to cause to be issued the
noted permit types to the following applicants
SPECIAL SESSION pending submission of the locally required
OFFICIAL documentation:
Special Event
The Dubuque City Council met in special The Grand Tap - June 3, 802 Central Ave.,
session at 5:30 p.m. on May 22, 2017 begin- Adding Outdoor Service
ning at the parking area, 420 Garfield Avenue Passed, approved and adopted this 22od
(Garfield Avenue and Pine Street). day of May, 2017.
Roy D. Buol, Mayor
Present: Mayor Buol; Council Members Attest: Kevin S. Firnstahl, City Clerk
Connors, Del Toro, Jones, Lynch, Resnick;
City Manager Van Milligen. WORK SESSION
Absent: Council Member Rios 1. Walking Tour of the Upper Bee Branch
Creek Restoration Project: City of Dubuque
Mayor Buol read the call and stated this is Civil Engineer II Deron Muehring, Projed
a special session of the City Council called for Manager Steve Brown, and Leisure Services
the purpose of considering approval of a spe- Manager Marie Ware conduded a walking tour
cial event liquor license and conducting a wnrk with the City Council on the progress of the
session/tour on the Upper Bee Branch Creek Bee Branch Creek Restoration Projed. The
Restoration Project. tour began at Garfield Avenue and looped to
the 24t° Street headwater structure and back
CONSENT ITEMS to the community orchard area. Topics includ-
ed descriptions of trail connections; storm-
1. Alcohol License Application: City Man- �ter management functions and filtering bio-
ager recommending approval of a request fields; functionality of landscape materials; fish
from the Grand Tap, 802 Central Avenue, for habitats; low- and high-flow water level infor-
an outdoor service, special event alcohol li- mation; grant funding for amenities; rental and
cense in conjunction with a fundraising event usage policies and rules; interpretive signage;
on, Saturday, June 3, 2017. Motion by Resnick community orchard and harvest area; and the
to receive and file the documents and adopt children's play and programing area.
Resolution No. 185-17 Approving applications A public ribbon cutting for Bee Branch
for beer, liquor, and/or wine permits, as re- Creek Greenway is scheduled for 4:00 p.m. on
quired by City of Dubuque Code of Ordinances July 19, 2017 at the Bee Branch Amphitheater.
Title 4 Business and License Regulations, Activities and information sessions are
Chapter 2 Liquor Control, Article B Liquor, planned.
Beer and Wine Licenses and Permits. Se-
conded by Lynch. Motion carried 6-0. There being no further business, upon mo-
tion the City Council adjourned at 6:40 p.m.
RESOLUTION NO. 185-17
APPROVING APPLICATIONS FOR BEER, /s/Kevin S. Fimstahl, CMC, City Clerk
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 147 Regular Session June 5, 2017 222
CITY OF DUBUQUE, IOWA 1. Minutes and Reports submitted: City
CITY COUNCIL PROCEEDINGS Council Proceedings of 5/15, 5/22; Five Flags
Civic Center Advisory Commission of 5/22;
REGULAR SESSION Housing Commission of 3/28; Historic Preser-
OFFICIAL vation Commission of 5/18; Library Board of
Trustees of 4/27; Long Range Planning Advi-
The Dubuque City Council met in regular sory Commission of 5/17; Sister City Relation-
session at 6:00 p.m. on June 5, 2017 in the ship Advisory Commission of 5/17; Transit
Historic Federal Building, 350 W. 6t°Street. Advisory Board of 5/11; Proof of Publication for
City Council Proceedings of 5/8; Proof of Pub-
Present: Mayor Buol; Council Members lication for List of Claims and Summary of
Connors, Del Toro, Jones, Lynch, Resnick, Revenues for Month Ending 4/30. Upon mo-
Rios; City Manager Van Milligen, City Attorney tion the documents were received and filed.
Brumwell
2. Notice of Claims and Suits: Cathleen
Mayor Buol read the call and stated this is Clausen for vehicle damage, Richard Kaufman
a regular session of the City Council called for for vehicle damage, Mathew Kowalske for ve-
the purpose of conducting such business that hicle damage, Kathryn Oleson for personal
may properly come before the City Council. injury, Robert Mootr for vehicle damage, Cor-
rine Morris for vehicle damage, Carol Moyer
PLEDGE OF ALLEGIANCE for property damage, Courtney Schminkey for
vehicle damage, suit by Kathleen McCarthy for
PRESENTATION(S) the estate of Thomas McCarthy for wrongful
death. Upon motion the documents were re-
1. DARE Essay Contest Winners: Mayor ceived,filed and referred to City Attorney.
Buol and DARE Officer Rick Fullmer recog-
nized the winners of the annual DARE essay 3� Disposition of Claims: City Attorney ad-
contest, Estella Brown, Delanie Wright, Jas- vising that the following claims have been re-
mine Roa-Baerga and Loryn Link (not pre- ferred to Public Entity Risk Services of lowa,
sent). the agent for the lowa Communities Assurance
Pool: Cathleen Clausen for vehicle damage;
2. ARK Advocates Distinguished Commu- Richard Kaufman for vehicle damage; Mathew
nity Service Award: Leisure Services Recrea- Kowalske for vehicle damage; Robert Mootr
tion Division Manager Dan Kroger presented for vehicle damage; Corrine Morris for vehicle
Recreation Supervisor Janna Beau with the damage; Carol Moyer for property damage;
ARK Advocates Distinguished Community Kathryn Oleson for personal property; Court-
Service Award for her efforts to bring adaptive ney Schminkey for vehicle damage; Kyle Stof-
sports to Dubuque. fel for vehicle damage. Upon motion the doc-
uments were received, filed and concurred.
PROCLAMATION(S)
4. Operating Engineers Local 234 -
1. Juneteenth Celebration Day (June 17, Amendment to the Collective Bargaining
2017)was accepted by Sarah Peterson, Assis- Agreement: City Manager recommending that
tant Director of the Multicultural Family Center. the Collective Bargaining Agreement between
2. LGBTQ+ pride Month (June 2017) was the City of Dubuque and the International Un-
accepted by Jessica Perry, Facilitator for ion of Operating Engineers, Local #234 be
Dubuque Council of Achieving Maximum Po- amended to provide additional compensation
tential. in the amount of $150 per pay period when a
3. A City of Welcome and Opportunity: was Grade 4 Water Plant Operator is assigned the
accepted by Paul Uzel and Mauricio Cas- responsibility of maintaining and signing the
taneda of You're Welcome Here / Indivisible N/ater Department monthly operating reports
Dubuque. that are submitted to the Department of Natu-
ral Resources. Upon motion the documents
CONSENT ITEMS were received, filed and approved.
Motion by Lynch to receive and file the 5. Civil Service Commission - Certified
documents, adopt the resolutions, and dispose Lists: Civil Service Commission submitting the
of as indicated. Seconded by Del Toro. Motion Certified Lists for the positions of Transit Dis-
carried 7-0. patcher/Scheduler and Maintenanceworker.
Upon motion the documents were received,
filed and made a Matter of Record.
Book 147 Regular Session, June 5, 2017 223
May 3, 2017 36. Christopher Voss, 37. Martin Kearney, 38.
Honorable Mayor and Michael Krogman, 39. Tim Neuhaus, 40. Wil-
Members of the City Council liam Frye, 41. Nicholas Jansen, 42. Chris
In accordance with Chapter 400 of the Lahey, 43. Perry Martin, 44. Andy Palmer, 45.
Code of lowa, an examination for the position Brian Reuter, 46. Dale Richardson, 47. Jacob
of Transit Dispatcher/Scheduler was adminis- Trierweuler, 48. Matt Webb
tered on April 4, 2017. We hereby certify that Eliaible Emplovee:
the individuals listed below have passed this Martin Baumgartner
written examination and the vacancy for this Respectfully submitted,
position should be made from this list and that /s/Dan White, Chairman
this list is good for two (2) years from above Civil Service Commission
date.
Transit Dispatch/Scheduler 6. Community Needs Assessment-Mental
1.Susan Olsen, 2.James Mensen, 3.Brian Pat- Health Services: City Manager transmitting
naude, 4.Stacy Francois, 5.Justin Licht, Project Hope's 2016 Community Needs As-
6.Cheryl Pregler, 7.Josh Saul, 8.Brooke Hu- sessment for Mental Health Services conduct-
berty, 9.Nick Connolly, 10.Elorise Harris, ed by the United Way and the Community
11.Lisa Powers, 12.Steven Thiltgen, 13.Carroll Foundation of Greater Dubuque. Upon motion
Clark, 14.Belinda Daack, 15.Amy DeVries, the documents were received and filed.
16.Peggy Eppler, 17.Lindsay McGinnis,
18.Russell Bahl, 19.Jennifer Cooper, 7. Advocacy for Federally Qualified Health
20.Jennifer Duffy, 21.Cynthia Sanders, Centers and Medicaid Expansion: City Man-
22.Jennifer Welsh, 23.Janelle Wilwert, ager transmitting information about the signifi-
24.Jillian Funk, 25.Julie Miller, 26.Laura Rich- cant changes to the health care system that
ard, 27.Stacie Scott, 28.Catherine Cole, will impact all 1,400 community health centers
29.Andrea Koppes, 30.Daniel Petersen, across the country and over 25 million people
31.William Schneider, 32.Susan Voss, health care centers serve and recommending
33.Ashley Avenarius, 34.Leslie Hansen, approval to send letters to Senator Charles
35.Michelle Johanningmeier, 36.Laura Klatt, Grassley and Senator Joni Ernst advocating
37.Debra Searles, 38.Charles Harris, for health centers. Upon motion the documents
39.Thomas Kirmse, 40.Douglas Kuehn, were received, filed and approved.
41.Deborah Pottebaum
Respectfully submitted, 8. Delinquent Grass, Weed Cutting and
/s/Dan White, Chairman Garbage Collection Charges: City Manager
Civil Service Commission recommending adoption of a resolution author-
izing the City Clerk to certify grass and weed
May 3, 2017 cutting and garbage collection charges to the
Honorable Mayor and Dubuque County Treasurer in order to estab-
Members of the City Council lish real property liens for collection of such
In accordance with Chapter 400 of the charges. Upon motion the documents were
Code of lowa, an examination for the position received and filed and Resolution No. 186-17
of Maintenanceworker was administered on Authorizing the City to Collect Delinquent
April 11, 2017. We hereby certify that the indi- Grass and Weed Cutting and Garbage Collec-
viduals listed below have passed this written tion Charges in accordance with Title 6-43A;
examination and the vacancy for this position Title 6-4-5A and Title 6-4-5B of the Code of
should be made from this list and that this list Ordinances of the City of Dubuque, lowa was
is good for two (2) years from above date. adopted.
Maintenanceworker
1. Nicholas McLaughlin, 2. Brian Donovan, 3. RESOLUTION NO. 186-17
Brian Schuster, 4. Kevin Munson, 5. Jeffrey AUTHORIZING THE CITY TO COLLECT DE-
Davis, Jr. , 6. Paul Goldstein, 7. Eric Rogers, LINQUENT GRASS AND WEED CUTTING
8. William Bodish, 9. Jerome Ben, 10. Corey AND GARBAGE COLLECTION CHARGES
Goedken, 11. Douglas Kuehn, 12. Luke Rupp, IN ACCORDANCE WITH TITLE 6-4-3A; TI-
13. Christopher Tigges, 14. Jayson White, 15. TLE 64-SA & TITLE 64-5B OF THE CODE
Jamie Hutchins, 16. Tim Lawler, 17. Drew No- OF ORDINANCES OF THE CITY OF DUBU-
el, 18. Samuel Thoma, 19. Nick Connolly, 20. QUE, IOWA
Paul Neuhaus, 21. Richard Asbell, 22. Daniel Whereas, residential properties in the City
Bellows, 23. Jayson Freiburger, 24. Randy of Dubuque are considered substandard if any
Hefel, 25. Terrance Leibold, 26. Nathan conditions exist to an extent that endanger life,
McLaughlin, 27. David Nauman, 28. Steve limb, health, property, safety or welfare of the
Valentine, 29. Scott Warren, 30. David Apel, publicortheoccupantsthereof; and
31. Steve Cornish, 32. Jeff Leibold, 33. Justin Whereas, whenever in the judgment of the
Licht, 34. Robert Byers, 35. Michael Conner, Housing Officer, a nuisance that is "palpably
Book 147 Regular Session June 5, 2017 224
and indisputably such" exists which requires Dubuque, lowa, hereby approves of, accepts
immediate action to protect the public health, and consents to the Easement and Right of
safety or welfare of the public, the Housing Way Agreement for Water Main through, over
Officer may order the emergency abatement of and across Part of Lot 2 of Plaza 20 No. 2 in
such; and the City of Dubuque, lowa as shown on the
Whereas, delinquent grass and weed cut- Easement 6chibit, from KAD 2016, LLC, a
ting and garbage collection charges shall be copy of which is attached hereto.
certified by the City Clerk to the Dubuque Sedion 2. The Mayor is hereby authorized
County Treasurer for collection with, and in the and directed to execute and acknowledge on
same manner as general property taxes. behalf of the City of Dubuque any instruments
NOW, THEREFORE, BE IT RESOLVED in connedion herewith.
BY THE CITY COUNCIL OF THE CITY OF Sedion 3. The City Clerk is hereby author-
DUBUQUE, IOWA: ized to and directed to record this resolution
Section I. That the persons listed on the at- and Easement and Right of Way Agreement
tached GrassNVeed/Garbage Assessment with the Dubuque County Recorder.
Schedule are delinquent in the payment of Passed, approved and adopted this 5t° day
grass and w�ed cutting and garbage colledion of June, 2017.
charges: Roy D. Buol, Mayor
Sedion 2. That the City Clerk be and is Attest: Kevin S. Firnstahl, City Clerk
hereby ordered and directed to certify to the
County Treasurer of Dubuque County, lowa, 10. AmeriCorps-United Way Partner
that the persons named on the attached Agreement: City Manager recommending ap-
GrassNVeed/Garbage Assessment Schedule proval to execute the AmeriCorps Partners in
are delinquent in the payment of grass and Learning New and Targeted Initiatives Grant
weed cutting and garbage collection charges from the United Way of Dubuque Area Tri-
in the amount set aside of the respective States. Upon motion the documents were re-
names, and that said amounts shall be collect- ceived,filed and approved.
ed in the same manner as general property
taxes against the respective parcels of proper- 11. Contracted Services Agreement -
ty set opposite the names of the owners. America's River Corporation for Fiscal Year
Passed, approved and adopted this 5t° day 2018: City Manager recommending approval
of June, 2017. of the Contracted Services Agreement for Fis-
Roy D. Buol, Mayor cal Year 2018 with America's River Corpora-
Attest: Kevin S. Firnstahl, City Clerk tion. Upon motion the documents were re-
ceived,filed and approved.
9. Approval and Acceptance of Easement
and Right-of-Way at 2620 Dodge Street: City 12. Contracted Services Agreement -
Manager recommending approval and ac- Crescent Community Health Center for Fiscal
ceptance of an Easement and Right-of-Way Year 2018: City Manager recommending ap-
Agreement for an existing public water main proval of the Contracted Services Agreement
across part of Lot 2 of Plaza 20 No. 2, located for Fiscal Year 2018 with Crescent Community
at 2620 Dodge Street owned by KAD 2016, Health Center. Upon motion the documents
LLC (Starbucks). Upon motion the documents were received, filed and approved.
were received and filed and Resolution No.
187-17 Accepting a Grant of Easement for 13. Contracted Services Agreement -
Water Main through, over and across part of Dubuque Area Labor Management Council for
Lot 2 of Plaza 20 No. 2, in the City of Dubu- Fiscal Year 2018: City Manager recommend-
que, lowa was adopted. ing approval of the Contracted Services
Agreement for Fiscal Year 2018 with the
RESOLUTION NO. 187-17 Dubuque Area Labor Management Council.
ACCEPTING A GRANT OF EASEMENT FOR Upon motion the documents were received,
WATER MAIN THROUGH, OVER AND filed and approved.
ACROSS PART OF LOT 2 OF PLAZA 20 NO.
2, IN THE CITY OF DUBUQUE, IOWA 14. Contracted Services Agreement -
Whereas, KAD 2016, LLC, has executed Dubuque Area Convention and Visitors Bureau
an Easement and Right of Way Agreement for for Fiscal Year 2018: City Manager recom-
Water Main through, over and across Part of inending approval of the Contracted Services
Lot 2 of Plaza 20 No. 2 in the City of Dubuque, Agreement for Fiscal Year 2018 with the
lowa. Dubuque Area Convention and Visitors Bu-
NOW THEREFORE, BE IT RESOLVED reau. Upon motion the documents were re-
BY THE CITY COUNCIL OF THE CITY OF ceived,filed and approved.
DUBUQUE, IOWA: 15. Contracted Services Agreement -
Sedion 1. The City Council of the City of Dubuque Main Street for Fiscal Year 2018:
Book 147 Regular Session, June 5, 2017 225
City Manager recommending approval of the City Manager recommending approval of the
Contracted Services Agreement for Fiscal Contracted Services Agreement for Fiscal
Year 2018 with Dubuque Main Street. Upon Year 2018 with Every Child / Every Promise.
motion the documents were received, filed and Upon motion the documents were received,
approved. filed and approved.
16. Dubuque Main Street Program Agree- 19. Contracted Services Agreement -
ment for Fiscal Year 2018: City Manager rec- Greater Dubuque Development Corporation
ommending approval of a Program Agreement for Fiscal Year 2018: City Manager recom-
between Dubuque Main Street, the City of inending approval of the Contracted Services
Dubuque and the lowa Department of Eco- Agreement for Fiscal Year 2018 with the
nomic Development. Upon motion the docu- Greater Dubuque Development Corporation.
ments were received and filed and Resolution Upon motion the documents were received,
No. 188-17 Resolution of Support and Finan- filed and approved.
cial Commitment for the Main Street Program
in Dubuque was adopted. 20. Contracted Services Agreement - In-
clusive Dubuque for Fiscal Year 2018: City
RESOLUTION NO. 188-17 Manager recommending approval of the Con-
OF SUPPORT AND FINANCIAL COMMIT- tracted Services Agreement for Fiscal Year
MENT FOR THE MAIN STREET PROGRAM 2018 with Inclusive Dubuque. Upon motion the
IN DUBUQUE documents were received, filed and approved.
Whereas, an Agreement between the lowa
Economic Development Authority, Dubuque 21. Contracted Services Agreement - Op-
Main Street, and the City of Dubuque for the eration: New View Community Action Agency
purpose of continuing the Main Street lowa for Fiscal Year 2018: City Manager recom-
program in Dubuque; and mending approval of the Contracted Services
Whereas, this Agreement is pursuant to Agreement for Fiscal Year 2018 with Opera-
contractual agreements between the National tion: New View Community Action Agency.
Trust for Historic Preservation and the lowa Upon motion the documents were received,
Economic Development Authority to assist in filed and approved.
the revitalization of the designated Main Street
project area of Dubuque, lowa; and 22. Contracted Services Agreement - Pro-
Whereas, the City Council of Dubuque en- jed H.O.P.E. for Fiscal Year 2018: City Man-
dorses the goal of economic revitalization of ager recommending approval of the Contract-
the historic commercial district within the con- ed Services Agreement for Fiscal Year 2018
text of preservation and rehabilitation of its with Project H.O.P.E. Upon motion the docu-
historic buildings and supports the continuation ments were received, filed and approved.
of the Main Street Four Point Approach� as
developed by the National Trust for Historic 23. Pre-Annexation Agreement - Dennis
Preservation and espoused by Main Street Watters: City Manager recommending approv-
lowa. al of a Pre-Annexation Agreement with Dennis
NOW THEREFORE BE IT RESOLVED by Watters for Watters Homestead, 12204 N.
the City Council of the City of Dubuque, lowa, Cascade Road, as part of approving the Plat of
meeting in regular session on June 5, 2017, Survey and as established by the City's Fringe
that the City of Dubuque hereby agrees to Area Development Standards of the Unified
support both financially and philosophically the Development Code. Upon motion the docu-
work of Dubuque Main Street and designates ments were received and filed and Resolution
the Main Street Board to� supervise the Pro- No. 189-17 Approving a Pre-Annexation
gram Director. Agreement between the city of Dubuque and
Passed, approved, and adopted this 5t° Dennis Watters was adopted.
day of June, 2017.
Roy D. Buol, Mayor RESOLUTION NO. 189-17
Attest: Kevin S. Firnstahl, City Clerk APPROVING A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF
17. Contracted Services Agreement - DUBUQUE, IOWA AND DENNIS WATTERS
DuRide for Fiscal Year 2018: City Manager Whereas, Dennis Watters, the owner of the
recommending approval of the Contracted following described property in Dubuque
Services Agreement for Fiscal Year 2018 with County, lowa (the Property) have submitted to
DuRide. Upon motion the documents were the City Council of the city of Dubuque an ap-
received, filed and approved. plication for voluntary annexation of the Prop-
erty to the City of Dubuque:
18. Contracted Service Agreement - Every The East'/� of Lot 1 of the SE '/a SE '/a
Child / Every Promise for Fiscal Year 2018: of Section 4, Township 88 North,
Book 147 Regular Session June 5, 2017 226
Range 2 East of the 5t° P.M. Section 1. That Supplement No. 25 to the
Whereas, Dennis Watters has entered into City of Dubuque Code of Ordinances, that
a Pre-annexation Agreement with the City of codifies Ordinance Nos. 4-17, 5-17, 7-17
Dubuque a copy of which is attached hereto through 10-17 and 16-17 as adopted by the
governing the future annexation of the Proper- City Council through April 2017, prepared by
ty; and the Sterling Codifiers, Inc.; and filed in the Of-
Whereas, the Property is not subjed to an fice of the City Clerk of the City of Dubuque,
existing annexation moratorium; and lowa is hereby adopted and becomes part of
Whereas, the Property does not include the Code of Ordinances of the City of Dubu-
any state or railroad property; and que, lowa.
Whereas, lowa Code Section 3687 author- Passed, approved and adopted this 5t° day
izes the voluntary annexation of property in of June, 2016.
Dubuque County, lowa and the extension of Roy D. Buol, Mayor
city limits by voluntary annexation; and Attest: Kevin S. Firnstahl, City Clerk
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the 25. Ahlers & Cooney Law Firm Letter of
City of Dubuque, necessary for the future or- Engagement: City Manager recommending
derly growth and development of the City of approval to engage the Ahlers & Cooney Law
Dubuque, and will promote efficient and cost Firm to provide legal services pertaining to
effective extension of municipal services; and negotiations with the railroad and for some
Whereas, the City Council finds that the remaining property acquisition work effective
annexation of the Property is in the public in- May 22, 2017, and authorize the Mayor to sign
terest. the letter of engagement. Upon motion the
NOW THEREFORE, BE IT RESOLVED documents were received, filed and approved.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: 26. Jackson Park Lighting Projed Award:
Section 1. The Pre-annexation Agreement City Manager recommending that the award
by and between Dennis Watters and the City for the Jackson Park Street Lighting Project to
of Dubuque is hereby approved. Hawkeye Electric be officially recorded in the
Passed, approved and adopted this 5t° day minutes of the City Council. Upon motion the
of June, 2017. documents w�re received, filed and made a
Roy D. Buol, Mayor Matter of Record.
Attest: Kevin S. Firnstahl, City Clerk
27. 1100 South Grandview Storm Sewer
24. Code of Ordinances - Adoption of Sup- Project: City Manager recommending that the
plement No. 25: City Clerk recommending costs for the 1100 South Grandview Avenue
adoption of Supplement No. 25 to the City of Storm Sewer Project be officially recorded in
Dubuque Code of Ordinances. Upon motion the minutes of the City Council. Upon motion
the documents were received and filed and the documents were received, filed and made
Resolution No. 190-17 Adopting Supplement a Matter of Record.
No. 25 to the Code of Ordinances of the City of
Dubuque, lowa was adopted. 28. Letter of Support for Heritage Trail: City
Manager transmitting a Letter of Support to
RESOLUTION NO. 190-17 Dubuque County Conservation Board for an
ADOPTING SUPPLEMENT NO. 25 TO THE lowa State Recreation Trail grant application to
CODE OF ORDINANCES OF THE CITY OF replace Bridge#27 on the Heritage Trail. Upon
DUBUQUE, IOWA motion the documents were received and filed.
Whereas, under date of August 17, 2009,
the City Council, pursuant to Ordinance No. 29. lowa Department of Transportation -
43-09, readopted the Code of Ordinances of Amended Traffic Safety Grant Agreement for
the City of Dubuque, lowa in its entirety; and Grandview Avenue and Loras Boulevard Inter-
Whereas, since August 17, 2009 the City section Improvements Project: City Manager
Council of the City of Dubuque, lowa has recommending approval for the Mayor to exe-
adopted certain ordinances amending the cute an agreement with the lowa Department
Code of Ordinances and said amendments of Transportation for Traffic Safety Improve-
have been printed as supplements to the Code ment Program Funding for the Grandview Av-
of Ordinances; and enue and Loras Boulevard intersection im-
Whereas, Section 380.8 of the Code of lo- provements. Upon motion the documents were
wa provides that supplements, by resolution, received and filed and Resolution No. 191-17
become part of the Code of Ordinances. Approving the Amended lowa Department of
NOW THEREFORE BE IT RESOLVED BY Transportation Agreement for Traffic Safety
THE CITY COUNCIL OF THE CITY OF Improvement Program funding for the City of
DUBUQUE, IOWA: Dubuque Grandview Avenue at Loras Boule-
Book 147 Regular Session, June 5, 2017 227
vard Intersection Improvements was adopted. Olde Davenport Road was adopted.
RESOLUTION NO. 191-17 RESOLUTION NO. 192-17
APPROVING THE AMENDED IOWA DE- APPROVING THE COOPERATIVE AGREE-
PARTMENT OF TRANSPORTATION MENT (AGREEMENT NO. 2017-16-146) BE-
AGREEMENT FOR TRAFFIC SAFETY IM- TWEEN THE CITY OF DUBUQUE AND 10-
PROVEMENT PROGRAM FUNDING FOR WA DEPARTMENT OF TRANSPORTATION
THE CITY OF DUBUQUE GRANDVIEW AV- FOR THE SOUTHWEST ARTERIAL — EAST
ENUE AT LORAS BOULEVARD INTERSEC- GRADING PROJECT FROM MILITARY
TION IMPROVEMENTS ROAD TO OLDE DAVENPORT ROAD
Whereas, the increasing growth of traffic Whereas, the Dubuque City Council, the
volumes, along with operational and safety Dubuque County Board of Supervisors, the
concerns, at the Grandview Avenue at Loras Dubuque Metropolitan Area Transportation
Boulevard intersection in the City of Dubuque Study (DMATS), the Dubuque Area Chamber
could be improved by intersection and traffic of Commerce and the Greater Dubuque De-
signal improvements; and velopment Corporation have all identified the
Whereas, the City of Dubuque has deter- completion of the Southwest Arterial Project as
mined that improvements to this intersection, the No. 1 surface transportation priority in the
as recommended in the East-West Corridor Dubuque area; and
Connectivity Study of the Grandview Avenue Whereas, the City of Dubuque (City) and
at Loras Boulevard and Grandview Avenue as lowa Department of Transportation (lowa
provided by HDR Engineering and Dubuque DOT) desire to maintain and increase trans-
Metropolitan Area Transportation Study portation infrastructure while improving safety
(DMATS) Long-Range Transportation Plans, for the motorist within the City of Dubuque and
will improve traffic flow; and Dubuque County and acknowledge the mutual
Whereas, the total cost for these improve- benefit to partner on the Southwest Arterial
ments is $259,357.04. The Traffic Safety Im- Project; and
provement Funding Program will fully fund this Whereas, the City and the lowa DOT exe-
project with no additional City match funds cuted a Memorandum of Understanding
required. (MOU) and a Transfer of Roadway Jurisdiction
NOW THEREFORE, BE IT RESOLVED (TOJ) for the completion of the Southwest Ar-
BY THE CITY COUNCIL OF THE CITY OF terial project; and
DUBUQUE, IOWA, THAT: Whereas, the lowa DOT and City, in joint
Section 1. That said Amended Traffic Safe- cooperation propose to Transfer the Jurisdic-
ty Improvement Program Funding in the City of tion of the Southwest Arterial from the City to
Dubuque for the Grandview Avenue at Loras the lowa DOT in exchange for the Transfer of
Boulevard Improvements is hereby approved. Jurisdiction of the Northwest Arterial (lowa 32),
Section 2. That the Mayor be authorized and portions of existing U.S. 52/lowa 3 from
and directed to execute two copies of said the lowa 32/John Deere Road intersection to
Agreement for Traffic Safety Improvement the intersection of U.S. 61 in downtown Dubu-
Program Funding in the City of Dubuque for que, from the State to the City, after the
the Grandview Avenue at Loras Boulevard Southwest Arterial is completed and open to
Intersection Improvements. traffic; and
Passed, approved and adopted this 5t° day Whereas, the City shall be responsible for
of June, 2017. preparing construction documents and letting
Roy D. Buol, Mayor bids for the East Grading project through the
Attest: Kevin S. Firnstahl, City Clerk lowa DOT; and
Whereas, the lowa DOT will be the con-
30. lowa Department of Transportation tracting authority and will be responsible for
Cooperative Agreement for the SW Arterial - construction and inspection; and
Military Road to Olde Davenport Road East Whereas, the East Grading projed provide
Grading Project: City Manager recommending for the grading of a portion of the SW Arterial
approval for the Mayor to execute the lowa from just south of Military Road easterly to
Department of Transportation Cooperative Olde Davenport Road and the construction of
Agreement for the Southwest Arterial-East wetlands east of Ramp D on the U.S. 61/151
Grading Project from Military Road to Olde interchange and west of Olde Davenport
Davenport Road. Upon motion the documents Road; and
were received and filed and Resolution No. Whereas, upon completion of construction,
192-17 Approving the Cooperative Agreement the City will assume responsibility for all future
(Agreement No. 2017-16-146) between the maintenance operations associated with the
City of Dubuque and lowa Department of wetlands. The wetlands will remain the proper-
Transportation for the Southwest Arterial - ty of the City; and
East Grading Project from Military Road to Whereas, upon completion of construction,
Book 147 Regular Session June 5, 2017 228
the City shall accept responsibility for the mul-
ti-use trail including future paving, associated 34. Alcohol Compliance Civil Penalty for
fencing and future maintenance of the multi- Alcohol License Holder — Ichiban Hibachi
use trail. Steakhouse & Sushi Bar: City Manager rec-
NOW, THEREFORE, IT IS AGREED BY ommending approval of the Acknowledg-
AND BETWEEN THE PARTIES AS FOL- menUSettlement Agreement for an alcohol
LOWS: compliance violation for Ichiban Hibachi
Sedion 1. City of Dubuque and the lowa Steakhouse & Sushi Bar, 3187 University Av-
Department of Transportation hereby agree to enue. Upon motion the documents were re-
partner on the Southwest Arterial Project. ceived,filed and approved.
Sedion 2. Whereas, the lowa DOT and
City, in joint cooperation propose to construct 35. Alcohol Compliance Civil Penalty for
the Southwest Arterial - East Grading project, Alcohol License Holder for Murph's Tap: City
lowa DOT Project No. NHSX-032-1 (36)-3H- Manager recommending approval of the Ac-
31. knowledgmenUSettlement Agreement for an
Section 3. Whereas, in accordance with alcohol compliance violation for Murph's Tap,
the provisions of lowa Administrative Code, 55 Locust Street. Upon motion the documents
the wetlands will remain the property of the were received, filed and approved.
City and shall be responsible for all costs as-
sociated with future maintenance operations 36. Alcohol and Tobacco License Applica-
associated with the wetlands. tions: City Manager recommending approval of
Section 4. Whereas, in accordance with annual liquor, beer, wine and tobacco license
the provisions of lowa Administrative Code, applications as submitted. Upon motion the
the City is responsible for all costs associated documents were received and filed and Reso-
with future paving, associated fencing and lution No. 193-17 Approving applications for
future maintenance of the multi-use trail. beer, liquor, and/or wine permits, as required
Sedion 5. The Mayor is hereby authorized by City of Dubuque Code of Ordinances Title 4
to execute the Cooperative Agreement Business and License Regulations, Chapter 2
(Agreement No. 2017-16-146), between the Liquor Control, Article B Liquor, Beer and Wine
City of Dubuque and the lowa Department of Licenses and Permits; and Resolution No.
Transportation for the Southwest Arterial - 194-17 Approving applications for retail ciga-
East Grading Project from Military Road to rette/tobacco sales/nicotine/vapor permits, as
Olde Davenport Road. required by lowa Code Chapter 453A.47A
Passed, approved and adopted this 5t° day were adopted.
of June, 2017.
Roy D. Buol, Mayor RESOLUTION NO. 193-17
Attest: Kevin S. Firnstahl, City Clerk APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
31. Signed Contracts: 2017 Farm Lease QUIRED BY CITY OF DUBUQUE CODE OF
with Robert Bradley for a portion of Roosevelt ORDINANCES TITLE 4 BUSINESS AND LI-
Park; 2017-2018 Farm Lease with John Veach CENSE REGULATIONS, CHAPTER 2 LIQ-
for property known as the North McFadden UOR CONTROL, ARTICLE B LIQUOR,
Farm. Upon motion the documents were re- BEER AND WINE LICENSES AND PERMITS
ceived and filed. Whereas, applications for Beer, Liquor,
and or Wine Permits have been submitted and
32. Improvement Contracts/ Performance, filed with the City Council for approval and the
Payment and Maintenance Bonds: Dan same have been examined and approved; and
Arensdorf Construction, Inc. for the 2017 As- Whereas, the premises to be occupied by
phalt Overlay Ramp Project Twn; Evans- such applicants were inspected and found to
Mason, Inc., for the Mathias Ham House Ma- comply with the Ordinances of the City and the
sonry Rehabilitation Projed; Hydro-Tech, Inc., applicants have filed the proper fees and
for the Five Flags Theater Masonry Rehabilita- bonds and otherwise complied with the re-
tion and Fire Escape Project. Upon motion the quirements of the Code of Ordinances.
documents were received, filed and approved. NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
33. Alcohol Compliance Civil Penalty for DUBUQUE, IOWA:
Alcohol License Holder — Chipotle Mexican Sedion 1. The City Clerk is hereby author-
Grill: City Manager recommending approval of ized and directed to cause to be issued the
the Acknowledgment /Settlement Agreement noted permit types to the following applicants
for an alcohol compliance violation for Chipotle pending submission of the locally required
Mexican Grill, 2450 Dodge Street. Upon mo- documentation:
tion the documents were received, filed and
approved.
Book 147 Regular Session, June 5, 2017 229
Renewals applicants have filed the proper fees and oth-
Creslanes Bowling, 255 South Main St., Class erwise complied with the requirements of the
C Liquor(Sunday) Code of Ordinances.
Dubuque Bowiing Lanes, 1029 1/2 Main St., NOW, THEREFORE, BE IT RESOLVED
Class C Liquor(Sunday) BY THE CITY COUNCIL OF THE CITY OF
Dubuque Museum of Art, 701 Locust St., DUBUQUE, IOWA:
Class C Liquor(Sunday) Sedion 1. The City Clerk is hereby author-
Five Flags Center, 405 Main St., Class C Liq- ized and direded to cause to be issued the
uor(Catering) (Sunday) following named applicants and locations for
Hartig Drug Company #2, 157 Locust St., cigarette/tobacco sales permit.
Class E Liquor, Class B Wine, Class C Beer Business Name. Business Address
(Sunday) Fareway Stores#114, 2050 John F. Kennedy
Hy-Vee Wine & Spirits A, 3500 Dodge St., Rd.
Class E Liquor, Class B Wine, Class C Beer Midwest Vapors, 2600 Dodge St. Suite B4
(Sunday) Beecher Liquor, 1695 Asbury Rd.
Kwik Star#236, 2035 J.F. Kennedy Rd., Class Beecher Liquor, 1691 Asbury Rd.
C Beer, Class B Native Wine (Sunday) The Great Vape, 3250 Central Ave.
Kwik Star #495, 2685 Dodge St., Class C Sid's Beverage Store Inc., 2727 Dodge St.
Beer, Class B Native Wine (Sunday) Paro Food Mart, 3200 Central Ave.
Los Aztecas III Mexican Restaurant, 2345 NW Eagle Country Market, 1800 Elm St.
Arterial, Class C Liquor(Outdoor) (Sunday) Hammerheads Bar and Billiards, 2095 Kerper
Ooh La La, 3460 Hillcrest Rd., Class B Wine Blvd. Suite#2
Pioneers Rest Stop, 4900 Old Highway Rd., CDs 4 Change, 3305 Asbury Rd. #2
Class C Beer (Sunday) lowa Street Market, 1256 lowa St.
Rotary Club of Dubuque, 135 W. 8t° St., Spe- Casey's General Store#2420, 2699 Rockdale
cial Class C Liquor(Outdoor) (Sunday) Rd.
The Smokestack, 62 East 7t° St., Class C Liq- Casey's General Store#2421, 4003 Peru Rd.
uor(Living Qtrs.) (Outdoor) (Sunday) Casey's General Store#3473, 1072 Cedar
Walgreens #06154, 2260 J.F. Kennedy Rd., Cross Rd.
Class E Liquor, Class B Wine, Class C Beer Kwik Star#236, 2035 John F. Kennedy Rd.
(Sunday) Kwik Star#495, 2685 Dodge St.
Walgreens #09708, 55 J.F. Kennedy Rd., Tobacco Outlet Plus#504, 806 Wacker Dr.
Class E Liquor, Class B Wine, Class C Beer Suite 140
(Sunday) Walnut Tap, 709 University Ave.
Walgreens #11942, 345 E. 20t° St., Class E Ron's Discount Smokes and Beverage Center,
Liquor, Class B Wine, Class C Beer (Sun- 3300 Asbury Rd.
day) Ron's 5 Point Mart, 405 Rhomberg Ave
Special Events Diamond Jo Casino, 301 Bell St.
Rotary Club of Dubuque, 135 W. 8th St. to Oky Doky#8, 535 Hill St.
Port of Dubuque 5th St., Special Class C Monks Kaffee Pub, 373 Bluff St.
Liquor(Outdoor) (Sunday) Oky Doky#1, 250 West 1 st St.
Shenanigans Pub, LLC, 3203 Jackson St., Super Stop III, 1101 Rhomberg Ave.
Adding Outdoor Service Port of Dubuque Marina, 450 East Third St.
Adding Privilege Spencer Gifts, LLC, 555 John F. Kennedy Rd.
Inspire Cafe, 955 Washington St. Suite 105, Moondog Music, 806 Wacker Dr. #120
Outdoor Service The Konnexion, 1099 University Ave.
Passed, approved and adopted this 5t° day Phillips 66/Arby's, 10 South Main St.
of June, 2017. Wal-Mart Supercenter#2004, 4200 Dodge St.
Roy D. Buol, Mayor Sam's Club#4973, 4400 Asbury Rd.
Attest: Kevin S. Firnstahl, City Clerk Walgreens#6154, 2260 John F. Kennedy Rd.
Walgreens#9708, 55 John F. Kennedy Rd.
RESOLUTION NO. 194-17 Walgreens#11942, 345 East 20th St.
APPROVING APPLICATIONS FOR RETAIL Hartig Drug#2, 157 Locust St.
CIGARETTE I TOBACCO SALES I NICO- Hartig Drug#3, 2255 John F. Kennedy Rd.
TINE/VAPOR PERMITS, AS REQUIRED BY Hartig Drug#4, 2225 Central Ave.
IOWA CODE 453A.47A Hartig Drug#8, 1600 University Ave.
Whereas, applications for Ciga- Hy-Vee Food Store#1, 3500 Dodge St.
rette/Tobacco Sales have been submitted and Hy-Vee Wine&Spirits#1, 3500 Dodge St.
filed with the City Council for approval and the Hy-Vee C Store#1, 3270 Dodge St
same have been examined and approved; and Hy-Vee Food Store#2, 2395 NW Arterial
Whereas, the premises to be occupied by Hy-Vee Gas#2, 2435 NW Arterial
such applicants were inspected and found to Hy-Vee Food Store#3, 400 S. Locust St.
comply with the Ordinances of the City and the Hy-Vee Gas#3, 300 S. Locust St.
Book 147 Regular Session June 5, 2017 230
Pioneer's Rest Stop, 4900 Old Hwy Rd. SEWER REVENUE CAPITAL LOAN NOTES
Family Dollar#21599, 2013 Central Ave. #4 OF THE CITY OF DUBUQUE, IOWA, AND
Fas Mart#5159, 2175 Central Ave. PROVIDING FOR PUBLICATION OF NO-
Aragon Tap, 1103 lowa St. TICE THEREOF
Dubuque Mining Co., 555 John F. Kennedy Whereas, it is deemed necessary and ad-
Rd. #600 visable that the City of Dubuque, lowa should
Endless Fragrance& Merchandise, 1828 Cen- provide for the authorization of a Loan and
tral Ave. Disbursement Agreement and the issuance of
Q Casino, 1855 Greyhound Park Dr. Sewer Revenue Capital Loan Notes, in the
Dollar General Store#6896, 605 W. Locust St. amount of not to exceed $3,600,000, as au-
Dollar General Store#7289, 3250 Kennedy thorized by Sections 384.24A and 384.83,
Cir. Ste 8 Code of lowa, as amended, for the purpose of
Dollar General Store#10074, 2440 Gateway providing funds to pay costs as hereinafter
Dr. described; and
Kwik Stop#48, 3201 Central Ave. Whereas, the City has applied for a loan
Kwik Stop#58, 3340 John F. Kennedy Rd. through the lowa Water Pollution Control
Kwik Stop#72, 2255 Kerper Blvd. Works Financing Program pursuant to which
Kwik Stop#74, 2360 Central Ave. the lowa Finance Authority has agreed to pur-
Kwik Stop#76, 2320 Gateway Dr. chase the City's Notes and has requested that
Kwik Stop#78, 4039 Pennsylvania Ave. such Notes be issued as a single Note in a
Kwik Stop#84, 2335 University Ave. denomination equal to the total amount of the
Kwik Stop#86, 2150 Twin Valley Dr. issue as authorized by Chapter 384 Code of
Passed, approved and adopted this 5t° day lowa; and
of June, 2017. Whereas, the Loan and Disbursement
Roy D. Buol, Mayor Agreement and Note shall be payable solely
Attest: Kevin S. Firnstahl, City Clerk and only out of the Net Revenues of the Mu-
nicipal Sewer System and shall be a first lien
ITEMS SET FOR PUBLIC HEARING on the future Net Revenues of the Utility; and
shall not be general obligations of the City or
Item No. 6.: Phase I - 17t° Street Storm payable in any manner by taxation and the
Sew�r Improvements Project was pulled from City shall be in no manner liable by reason of
the agenda to be rescheduled to a future date. the failure of the Net Revenues to be sufficient
for the payment of the Loan and Disbursement
Motion by Lynch to receive and file the Agreementand Note; and
documents, adopt the resolutions, set the pub- Whereas, before a Loan and Disbursement
lic hearings as indicated, and direct the City Agreement may be authorized and Sewer
Clerk to publish notice as prescribed by law. Revenue Capital Loan Notes issued to evi-
Seconded by Connors. Motion carried 7-0. dence the obligation of the City thereunder, it
is necessary to comply with the provisions of
1. Sewer Revenue Capital Loan Notes - the Code of lowa, as amended, and to publish
Kerper Boulevard Sanitary Sewer Reconstruc- a notice of the proposal and of the time and
tion Projects: City Manager recommending place of the meeting at which the Council pro-
that a public hearing be set for June 19, 2017 poses to take adion for the authorization of the
on the proposition of selling not to exceed Loan and Disbursement Agreement and Notes
$3,600,000 in Sewer Revenue Capital Loan and to receive oral and/or written objections
Notes (State Revolving Loan Fund Program) from any resident or property owner of the City
for the Kerper Boulevard sanitary sewer re- to such action.
construction projects. Upon motion the docu- NOW, THEREFORE, BE IT RESOLVED
ments were received and filed and Resolution BY THE City Council OF THE City of Dubu-
No. 195-17 Fixing date for a meeting on the que, STATE OF IOWA:
authorization of a Loan and Disbursement Section 1. That this City Council meet in
Agreement and the issuance of not to exceed the Historic Federal Building, 350 West 6�n
$3,600,000 Sew�r Revenue Capital Loan Street, Dubuque, lowa, at 6:00 o'clock p.m., on
Notes of the City of Dubuque, lowa, and the 19t° day of June, 2017, for the purpose of
providing for publication of notice thereof was taking action on the matter of the authorization
adopted setting a public hearing for a meeting of a Loan and Disbursement Agreement and
to commence at 6:00 p.m. on June 19, 2017 in the issuance of not to exceed $3,600,000
the Historic Federal Building. Sewer Revenue Capital Loan Notes to evi-
RESOLUTION NO. 195-17 dence the obligations of the City thereunder,
FIXING DATE FOR A MEETING ON THE the proceeds of which will be used to provide
AUTHORIZATION OF A LOAN AND DIS- funds to pay the costs of acquisition, construc-
BURSEMENT AGREEMENT AND THE IS- tion, reconstruction, extending, remodeling,
SUANCE OF NOT TO EXCEED $3,600,000 improving, repairing and equipping all or part
Book 147 Regular Session, June 5, 2017 231
of the Municipal Sewer System, including BY THE CITY COUNCIL OF THE CITY OF
those costs associated with the Kerper Boule- DUBUQUE, IOWA:
vard sanitary sewer reconstrudion project. Sedion 1. That the City of Dubuque, lowa,
Section 2. That the Clerk is hereby directed intends to dispose of its interest in the follow-
to cause at least one publication to be made of ing legally-described property:
a notice of said meeting, in a legal newspaper, Lot 30 and the North 5 feet of Lot 33 in
printed wholly in the English language, pub- J.P. Schroeder's Addition to Dubuque,
lished at least once weekly, and having gen- in the City of Dubuque, lowa, according
eral circulation in said City, said publication to to the recorded plat thereof.
be not less than four clear days nor more than Section 2. That the City of Dubuque, lowa,
twenty days before the date of said public proposes to dispose of its interest in the above
meeting on the issuance of the Notes. described real estate to Rachel Regan for the
Section 3. The notice of the proposed ac- sum of$148,000.
tion shall be in substantially the [provided] Sedion 3. That the City Clerk is hereby au-
form: thorized and directed to cause this Resolution
Passed and approved this 5t° day of June, and a notice to be published as prescribed by
2017. lowa Code Sedion 364.7 of a public hearing
Roy D. Buol, Mayor on the City's intent to dispose of the foregoing-
Attest: Kevin S. Fimstahl, City Clerk described Property, to be held on the 19t° day
of June, 2017, at 6:00 o'clock p.m. at the His-
2. Sale of Property - 2249 Harold Street: toric Federal Building, 350 West 6t° Street,
City Manager recommending that a public Dubuque, lowa.
hearing be set for June 19, 2017 for the pur- Passed, approved and adopted this 5t° day
pose of disposing of City-owned real property of June, 2017.
located at 2249 Harold Street to Rachel Re- Roy D Buol, Mayor
gan. Upon motion the documents were re- Attest: Kevin S. Firnstahl, City Clerk
ceived and filed and Resolution No. 196-17 of
Intention to dispose of City-owned property, 3. 210 Jones Street Development Agree-
specifically, Lot 30 and the North 5 Feet of Lot ment: City Manager recommending that the
33 in J.P. Schroeder's Addition to Dubuque, in City Council set a public hearing for June 19,
the City of Dubuque, lowa, according to the 2017 regarding a Development Agreement for
recorded plat thereof—2249 Harold Street was the property located at 210 Jones Street. Upon
adopted setting a public hearing for a meeting motion the documents were received and filed
to commence at 6:00 p.m. on June 19, 2017 in and Resolution No. 197-17 Fixing the date for
the Historic Federal Building. a public hearing of the City Council of the City
of Dubuque, lowa on the proposed issuance of
RESOLUTION NO. 196-17 Urban Renewal Tax Increment Revenue Obli-
RESOLUTION OF INTENTION TO DISPOSE gations and the execution of a Development
OF CITY-OWNED PROPERTY, SPECIFI- Agreement relating thereto with 210 Jones,
CALLY, LOT 30 AND THE NORTH 5 FEET LLC, and providing for the publication of notice
OF LOT 33 IN J.P. SCHROEDER'S ADDI- thereof was adopted setting a public hearing
TION TO DUBUQUE, IN THE CITY OF for a meeting to commence at 6:00 p.m. on
DUBUQUE, IOWA, ACCORDING TO THE June 19, 2017 in the Historic Federal Building.
RECORDED PLAT THEREOF — 2249 HAR-
OLD STREET RESOLUTION NO. 197-17
Whereas, the City of Dubuque has ob- FIXING THE DATE FOR A PUBLIC HEAR-
tained certain real property in connection with ING OF THE CITY COUNCIL OF THE CITY
the Community Development Block Grant Pur- OF DUBUQUE, IOWA ON THE PROPOSED
chase/Rehab/Resale Program to promote af- ISSUANCE OF URBAN RENEWAL TAX IN-
fordable homeownership opportunities CREMENT REVENUE OBLIGATIONS AND
throughout the City of Dubuque; and THE EXECUTION OF A DEVELOPMENT
Whereas, the City received an offer to pur- AGREEMENT RELATING THERETO WITH
chase this property from Rachel Regan; and 210 JONES, LLC, AND PROVIDING FOR
Whereas, such purpose supports the THE PUBLICATION OF NOTICE THEREOF
Neighborhood Stabilization Program and the Whereas, City and 210 Jones, LLC have
Community Development Block Grant Pur- entered into a Development Agreement, sub-
chase/Rehab/Resale Program as approved by ject to the approval of the City Council, a copy
the City Council; and of which is now on file at the Office of the City
Whereas, by accepting the selected offer Clerk, City Hall, 50 W. 13t° Street, Dubuque,
the City's objectives of providing homeowner- lowa; and
ship to an income qualified buyer and rehabili- Whereas, the City Council has tentatively
tation of a vacated home can be realized. determined that it would be in the best inter-
NOW, THEREFORE, BE IT RESOLVED ests of the City to approve the Development
Book 147 Regular Session June 5, 2017 232
Agreement, with 210 Jones, LLC; and
Whereas, it is deemed necessary and ad- 4. Westside Water System Improvements
visable that City should enter into the Devel- 2017 Contract C Highway 20 Watermain Ex-
opment Agreement relating thereto for the tension: City Manager recommending initiation
purpose of carrying out the rehabilitation of of the public bidding procedure for the
property located at 210 Jones Street as here- Westside Water System Improvements 2017
inafter described, including the authorization of Contract C Hwy 20 Water Main Extension Pro-
Urban Renewal Tax Increment Revenue obli- ject, and further recommends that a public
gations, as provided by Chapter 403 of the hearing be set for June 19, 2017. Upon motion
Code of lowa; and the documents were received and filed and
Whereas, before said obligations may be Resolution No. 198-17 Preliminary approval of
approved, Chapter 403 of the Code of lowa plans, specifications, form of contract, and
requires that the City Clerk publish a notice of estimated cost; setting date of public hearing
the proposal and of the time and place of the on plans, specifications, form of contract, and
meeting at which the City Council proposes to estimated cost; and ordering the advertise-
take action thereon and at which meeting the ment for bids was adopted setting a public
City Council shall receive oral and/or written hearing for a meeting to commence at 6:00
objections from any resident or property owner p.m. on June 19, 2017 in the Historic Federal
of said City to such proposed action. Building.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 198-17
DUBUQUE, IOWA: WESTSIDE WATER SYSTEM IMPROVE-
Sedion 1. The City Clerk is hereby author- MENTS HWY 20 WATER MAIN EXTENSION
ized and directed to cause a notice to be pub- PRELIMINARY APPROVAL OF PLANS,
lished as prescribed by lowa Code Section SPECIFICATIONS, FORM OF CONTRACT,
403.9 of a public hearing on the City's intent to AND ESTIMATED COST; SETTING DATE
authorize Urban Renewal Tax Increment Rev- OF PUBLIC HEARING ON PLANS, SPECI-
enue obligations, to be held on the 19t° day of FICATIONS, FORM OF CONTRACT, AND
June, 2017, at 6:00 o'clock p.m. in the City ESTIMATED COST; AND ORDERING THE
Council Chambers at the Historic Federal ADVERTISEMENT FOR BIDS
Building, 350 W. 6t°St., Dubuque, lowa. NOW THEREFORE, BE IT RESOLVED
Section 2. The City Council will meet at BY THE CITY COUNCIL OF THE CITY OF
said time and place for the purpose of taking DUBUQUE, IOWA:
action on the approval of the Development The proposed plans, specifications, form of
Agreement with 210 Jones, LLC, including the contract and estimated cost for the Westside
authorization of Urban Renewal Tax Increment Water System Improvements— HWY 20 Water
Revenue obligations, the proceeds of which Main Extension project in the estimated
obligations will be used to carry out certain of amount $650,000.00, are hereby preliminarily
the special financing adivities described in the approved and ordered filed in the office of the
Amended and Restated Urban Renewal Plan City Clerk for public inspection.
for the Greater powntown Urban Renewal A public hearing will be held on the 1g�n
District, consisting of the funding of economic day of June 2017, at 6:00 p.m. in the Historic
developments grants to 210 Jones, LLC pur- Federal Building Council Chambers (second
suant to the Development Agreement. It is floor) 350 W. 6�° Street, Dubuque, lowa, at
expected that the aggregate amount of the Tax which time interested persons may appear and
Increment Revenue obligations to be issued be heard for or against the proposed plans and
will be approximately$310,000. specifications, form of contract and estimated
Sedion 3. The Clerk is hereby direded to cost of said Project, and the City Clerk be and
cause at least one publication to be made of a is hereby directed to cause the attached notice
notice of said meeting, in a newspaper, printed of the time and place of such hearing to be
wholly in the English language, published at published in a newspaper having general cir-
least once weekly, and having general circula- culation in the City of Dubuque, lowa, which
tion in said City, said publication to be not less notice shall be published not less than four
than four days nor more than twenty days be- days nor more than twenty days prior to the
fore the date of said meeting on the issuance date of such hearing. At the hearing, any inter-
of said obligations. ested person may appear and file objections to
Section 4. That the notice of the proposed the proposed plans, specifications, form of
action to issue said obligations shall be in sub- contract, or estimated cost of the Project.
stantially the form attached hereto. The Westside Water System Improve-
Passed, approved and adopted this 5�° day ments— HWY20 Water Main Extension project
of June, 2017. is hereby ordered to be advertised for bids for
Roy D. Buol, Mayor construction.
Attest: Kevin S. Firnstahl, City Clerk The amount of the security to accompany
Book 147 Regular Session, June 5, 2017 233
each bid shall be in an amount which shall thorized by Sections 384.24A and 384.83,
conform to the provisions of the Notice to Bid- Code of lowa, as amended, for the purpose of
ders hereby approved. providing funds to pay costs as hereinafter
The City Clerk is hereby direded to adver- described; and
tise for bids for the construction of the im- Whereas, the City has applied for a loan
provements herein provided, by publishing the through the lowa Drinking Water Facilities Fi-
attached Notice to Bidders to be published in nancing Program pursuant to which the lowa
the Master Builders of lowa Plan Room, The Finance Authority has agreed to purchase the
Construdion Update Network and posted on City's Notes and has requested that such
the City of Dubuque website at Notes be issued as a single Note in a denomi-
wvw�.citvofdubuaue.ora/bids and which notice nation equal to the total amount of the issue as
shall be published not less than thirteen but authorized by Chapter 384 of the Code of lo-
not more than forty-five days before the date wa; and
for filing bids before 10:00 a.m. on the 28�° day Whereas, the Loan and Disbursement
of June 2017. Bids shall be opened and read Agreement and Note shall be payable solely
by the City Clerk at said time and will be sub- and only out of the Net Revenues of the Mu-
mitted to the City Council for final action at nicipal Water System and shall be a first lien
6:00 p.m. on the 5t° day of July 2017, in the on the future Net Revenues of the Utility; and
Historic Federal Building Council Chambers shall not be general obligations of the City or
(second floor), 350 West 6t° Street, Dubuque, payable in any manner by taxation and the
lowa. City shall be in no manner liable by reason of
Passed, adopted and approved this 5�° day the failure of the Net Revenues to be sufficient
of June 2017. for the payment of the Loan and Disbursement
Roy D. Buol, Mayor Agreement and Note; and
Attest: Kevin S. Firnstahl, City Clerk Whereas, before a Loan and Disbursement
Agreement may be authorized and Water
5. Water Revenue Capital Loan Notes - Revenue Capital Loan Notes issued to evi-
(State Revolving Loan Fund Program): City dence the obligation of the City thereunder, it
Manager recommending that the City Council is necessary to comply with the provisions of
set a public hearing for June 19, 2017 on the the Code of lowa, as amended, and to publish
proposition of selling not to exceed a notice of the proposal and of the time and
$10,200,000 in Water Revenue Capital Loan place of the meeting at which the Council pro-
Notes (State Revolving Loan Fund Program) poses to take action for the authorization of the
for the purchase and improvements associated Loan and Disbursement Agreement and Notes
with the City of Dubuque's acquisition of the and to receive oral and/or written objections
Vernon and Barrington Lakes water systems. from any resident or property owner of the City
Upon motion the documents were received to such action.
and filed and Resolution No. 199-17 Fixing NOW, THEREFORE, BE IT RESOLVED
date for a meeting on the authorization of a BY THE CITY COUNCIL OF THE CITY OF
Loan and Disbursement Agreement and the DUBUQUE, STATE OF IOWA:
issuance of not to exceed $10,200,000 Water Section 1. That this City Council meet in
Revenue Capital Loan Notes of the City of the Historic Federal Building, 350 West 6�n
Dubuque, lowa, and providing for publication Street, Dubuque, lowa at 6:00 o'clock p.m., on
of notice thereof was adopted setting a public the 19t° day of June, 2017, for the purpose of
hearing for a meeting to commence at 6:00 taking action on the matter of the authorization
p.m. on June 19, 2017 in the Historic Federal of a Loan and Disbursement Agreement and
Building. the issuance of not to exceed $10,200,000
Water Revenue Capital Loan Notes to evi-
RESOLUTION NO. 199-17 dence the obligations of the City thereunder,
FIXING DATE FOR A MEETING ON THE the proceeds of which will be used to provide
AUTHORIZATION OF A LOAN AND DIS- funds to pay the costs of acquisition, construc-
BURSEMENT AGREEMENT AND THE IS- tion, reconstruction, extending, remodeling,
SUANCE OF NOT TO EXCEED $10,200,000 improving, repairing and equipping all or part
WATER REVENUE CAPITAL LOAN NOTES of the Municipal Water Utility, including those
OF THE CITY OF DUBUQUE, IOWA, AND costs associated with the Westside water sys-
PROVIDING FOR PUBLICATION OF NO- tem purchase and construction project.
TICE THEREOF Sedion 2. That the Clerk is hereby direded
Whereas, it is deemed necessary and ad- to cause at least one publication to be made of
visable that the City of Dubuque, lowa should a notice of said meeting, in a legal newspaper,
provide for the authorization of a Loan and printed wholly in the English language, pub-
Disbursement Agreement and the issuance of lished at least once weekly, and having gen-
Water Revenue Capital Loan Notes, in the eral circulation in said City, said publication to
amount of not to exceed $10,200,000, as au- be not less than four clear days nor more than
Book 147 Regular Session June 5, 2017 234
twenty days before the date of said public appointments and provided brief biographies.
meeting on the issuance of the Notes. 7. Zoning Advisory Commission: One, 3-
Section 3. The notice of the proposed ac- year term through June 30, 2020 (6cpiring
tion shall be in substantially the [provided] Term of Christ). Applicant: Martha Christ, 88
form: Princeton PI. Ms. Christ spoke in support of
Passed and approved this 5t° day of June, her appointment and provided a brief biog-
2017. raphy.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk Appointments were made to the following
boards/commissions.
6. Phase I - 17t° Street Storm Sewer Im- 8. Civil Service Commission: One, 4-year
provements Projects: This item was pulled term through April 6, 2020 (Vacant term of
from the agenda. Takes). Applicants: Phil Baskerville, 2945 Van
Buren St. Christian Stillings, 1298 Locust St.
BOARDS/COMMISSIONS Upon Council concurrence, Mayor Buol ap-
pointed Mr. Stilling to the remainder of a 4-
The City Council reviewed applications to year term through April 2020.
the following Boards/Commissions. Applicants 9. Mechanical and Plumbing Code Board:
were invited to address the City Council re- One, 3-year term through March 16, 2020 (Va-
garding their desire to serve on the following cant term of Hillard). Applicant: Dieter
Boards/Commissions. Muhlack, 2907 Arabian Trail. Motion by Con-
1. Cable Television Commission: Three, 3- nors to appoint Mr. Hillard to a 3-year term
year terms through July 1, 2020 (Expiring through 2020. Seconded by Resnick. Motion
terms of Hoverman, Maloney and Tigges). carried 7-0.
Applicants: Carol Hoverman, 1555 White St.; 10. Sister City Relationship Advisory
Thomas Major, 1725 Lori St.; Pauline Malo- Commission: One, 3-year term through Febru-
ney, 506 George St.; Ronald Tigges, 4927 ary 1, 2019 (Vacant term of Phillips). Appli-
Wild Flower Dr. cant: Thomas Major, 1725 Lori St. Motion by
2. Electrical Code Board: One, 3-year term Resnick to appoint Mr. Major to the remainder
through May 21, 2020 (Expired term of Wilson, of a 3-year term through February 1. 2019.
At-Large). Applicant: David Wilson, 2918 Seconded by Connors. Motion carried 7-0.
Washington St. (Qualifies as At-Large). Mr.
Wilson spoke in support of his appointment PUBLIC HEARINGS
and provided a brief biography.
3. Historic Preservation Commission: One, 1. Flexsteel Industries, Inc.: Proof of publi-
3-year term through July 1, 2020 (Expiring cation on notice of public hearing to consider
term of Monk, Architect At-Large). Applicant: approval of the Development Agreement be-
Christina Monk, 2005 N. Main St. (Qualifies as tween Flexsteel Industries, Inc. and the City of
Architect At-Large). Ms. Monk spoke in sup- Dubuque, and the Offer to Buy and Ac-
port of her appointment and provided a brief ceptance between Dubuque County and the
biography. City of Dubuque with the City Manager rec-
4. Investment Oversight Advisory Commis- ommending approval. Motion by Lynch to re-
sion: One, 3-year term through July 1, 2020 ceive and file the documents and adopt Reso-
(Expiring term of Lassance). Applicant: Paul lution No. 201-17 Approving a Development
Lassance. 4846 Embassy Ct. Mr. Lassance Agreement between the City of Dubuque, lowa
spoke in support of his appointment and pro- and Flexsteel Industries, Inc. and approving
vided a brief biography. the issuance of Urban Renewal Tax Increment
5. Long Range Planning Advisory Com- Revenue Grant Obligations; and Resolution
mission: Three, 3-year terms through July 1, No. 202-17 Disposing of an interest in real
2020 (6cpiring terms of Collins, Dolson and property by deed to Dubuque County, lowa.
Vincent). Applicants: Ronald Collins, 243 Car- Seconded by Jones. Mark Cook, 845 Euclid
diff St.; Mark Dolson, 54 Alpine St.; Thomas St., thanked the City Council and partners for
Major, 1725 Lori St.; Alan Vincent, 565 Wood- facilitating the agreements. Motion carried 7-0.
land Ridge. RESOLUTION NO. 201-17
6. Park and Recreation Advisory Commis- APPROVING A DEVELOPMENT AGREE-
sion: Three, 3-year terms through June 30, MENT BETWEEN THE CITY OF DUBUQUE,
2020 (6cpiring Terms of Hoffmann, Kennicker IOWA AND FLEXSTEEL INDUSTRIES, INC.
and Klinge). Applicants: Paul Hoffmann, 174 AND APPROVING THE ISSUANCE OF UR-
Bradley St.; Robin Kennicker, 2929 Elm St.; BAN RENEWAL TAX INCREMENT REVE-
Kenneth Klinge, 2267 Carter Rd.; Rebecca NUE GRANT OBLIGATIONS
Kuhle, 2566 Pearl St.; Luke Roth, 904 Bar- Whereas, the City Council, by Resolution
baralee Dr. Ms. Kennicker, Mr. Klinge, Ms. No. 181-17, dated May 15, 2017, declared its
Kule and Mr. Roth all spoke in support of their intent to enter into a Development Agreement
Book 147 Regular Session, June 5, 2017 235
with Flexsteel Industries, Inc. (Flexsteel) for PROPERTY BY DEED TO DUBUQUE
the development of a new industrial facility to COUNTY, IOWA
maintain its operations and employment at the Whereas, the City of Dubuque, lowa (City)
property legally described as follows: is the owner of the following real property (the
Lot 4 of Dubuque Industrial Center Property):
South First Addition in the City of Lot 4 of Dubuque Industrial Center South
Dubuque, lowa (the Property); and First Addition in the City of Dubuque, lowa;
Whereas, pursuant to published notice, a and
public hearing was held on the proposed De- A parcel of land of 3.88 acres more or less
velopment Agreement on June 5, 2017 at 6:00 on Seippel Road in the Dubuque Industrial
p.m. in the City Council Chambers at the His- Center West Urban Renewal District of the
toric Federal building, 350 W. 6t° Street, City of Dubuque, as shown on 6chibit A at-
Dubuque, lowa; and tached hereto (the Property); and
Whereas, the Development Agreement Whereas, City and Dubuque County, lowa
provides for the issuance by the City of Dubu- (County) have entered into an Agreement pur-
que of economic development grants to suant to which City will convey the Property to
Flexsteel, referred to therein as the Economic County; and
Development Grants, payable from the tax Whereas, on June 5, 2017, the City Coun-
increment revenues collected in respect of the cil pursuant to notice published as required by
Improvements to be constructed by Flexsteel law held a public hearing on its intent to dis-
in accordance with the Development Agree- pose of the foregoing interest in the Property
ment, for the purpose of carrying out the objec- and overruled all objections thereto; and
tives of an Urban Renewal Plan as therein Whereas, the City Council finds that it is in
described; and the best interest of the City to approve the
Whereas, it is the determination of the City disposition of the Property.
Council that approval of the Development NOW, THEREFORE, BE IT RESOLVED
Agreement, for development of the Property by BY THE CITY COUNCIL OF THE CITY OF
Flexsteel, including economic development DUBUQUE, IOWA:
grants to Flexsteel, referred to therein as the Sedion 1. The Mayor is hereby authorized
Economic Development Grants, payable from and directed to execute a Warranty Deed dis-
the tax increment revenues collected in re- posing of all of the City's right, title and interest
spect of the Improvements to be constructed in the Property to Dubuque County, lowa.
by Flexsteel, according to the terms and condi- Section 2. The City Manager and the City
tions set out in the Development Agreement is Attorney are authorized to take such further
in the public interest of the City of Dubuque. action as is necessary to finalize the sale of
NOW, THEREFORE, BE IT RESOLVED the Property.
BY THE CITY COUNCIL OF THE CITY OF Passed, approved and adopted this 5t° day
DUBUQUE, IOWA: of June, 2017.
Section 1. That the Development Agree- Roy D. Buol, Mayor
ment by and between the City of Dubuque and Attest: Kevin S. Firnstahl, City Clerk
Flexsteel Industries, Inc., a copy of which is
attached hereto, including economic develop- 2. Initiation for Condemnation for Coates
ment grants to Flexsteel, referred to therein as Property at 13102 Derby Grange Road: Proof
the Economic Development Grants, payable of publication on notice of public hearing to
from the tax increment revenues collected in consider adoption of a resolution which estab-
respect of the Improvements, is hereby ap- lishes and sets the Just Compensation Valua-
proved. tion (Fair Market Value) for property at 13102
Sedion 2. That the Mayor is hereby au- Derby Grange Road and authorizes staff to
thorized and directed to execute the Develop- begin good faith negotiations with Mrs. Eileen
ment Agreement on behalf of the City of Coates, and if a settlement cannot be reached
Dubuque and the City Clerk is authorized and through good faith negotiations, authorizes
directed to attest to his signature. staff to proceed with eminent domain proceed-
Section 3. That the City Manager is author- ings for the easement acquisition of the prop-
ized to take such actions as are necessary to erty for sanitary sewer to provide services to
comply with the terms of the Development the Derby Grange LLC Development and Der-
Agreement as herein approved. by Grange Road service area and the City
Passed, approved and adopted this 5t° day Manager recommending approval. Motion by
of June, 2017. Lynch to receive and file the documents and
Roy D. Buol, Mayor adopt Resolution No. 203-17 Establishing Fair
Attest: Kevin S. Firnstahl, City Clerk Market Value, directing good faith negotia-
tions, and granting exercise of Eminent Do-
RESOLUTION NO. 202-17 main Authority by the City of Dubuque to ac-
DISPOSING OF AN INTEREST IN REAL quire land or rights in Agricultural Land for a
Book 147 Regular Session June 5, 2017 236
site-specific public improvement project at Section 1. The fair market value of the
13102 Derby Grange Road. Seconded by Property is hereby established to be
Connors. Motion carried 7-0. $22,751.00, based on the $14,000.00 per-acre
rate given in the certified Acquisition Appraisal
RESOLUTION NO. 203-17 and ReviewAppraisal report.
ESTABLISHING FAIR MARKET VALUE, Sedion 2. The City of Dubuque is hereby
DIRECTING GOOD FAITH NEGOTIATIONS, authorized to commence negotiations with the
AND GRANTING EXERCISE OF EMINENT Owner of the Property and any other interest-
DOMAIN AUTHORITY BY THE CITY OF ed parties for the purchase of the Property for
DUBUQUE TO ACQUIRE LAND OR RIGHTS a purchase price which is not less than the fair
IN AGRICULTURAL LAND FOR A SITE- market value established by this Resolution.
SPECIFIC PUBLIC IMPROVEMENT PRO- Section 3. That the use eminent domain
JECT AT 13102 DERBY GRANGE ROAD authority to acquire real estate, or easement
Whereas, the City of Dubuque, lowa, in- rights and interests in real estate from those
tends to acquire certain real property owned owners of agricultural land identified in the
by Douglas and Eileen Coates (Owner) and current site-specific plans for the improve-
legally described as: ments is hereby authorized.
Lot 1 of the Southeast '/a of the Southeast Passed, approved, and adopted this 5�n
'/a of Sedion 8, Township 89 North, Range day of June, 2017.
2 East of the 5t° P.M., in Dubuque County, Roy D. Buol, Mayor
lowa, according to the recorded plat there- Attest: Kevin S. Firnstahl, City Clerk
of
(the Property) as shown on Exhibits A-1 and 3. South Pointe Housing Urban Renewal
A-2 to improve the City enterprise providing for Area - Resolution of Adoption: Proof of publi-
sewer systems along Derby Grange Road; and cation on notice of public hearing to consider
Whereas, the acquisition of agricultural real approval of Amended and Restated Urban
estate, or interests in agricultural real estate, Renewal Plan for the South Point Housing
will be necessary in order to make the neces- Urban Renewal and the City Manager recom-
sary public improvements; and mending approval. Motion by Connors to re-
Whereas, site-specific plans have been ceive and file the documents and adopt Reso-
developed and presented to the City for said lution No. 204-17 Approving the Amended and
projed, identifying the land, or interests in Restated Urban Renewal Plan for the South
land, of private property owners who will be Pointe Housing Urban Renewal Area. Se-
affeded thereby; and conded by Jones. Motion carried 7-0.
Whereas, a public hearing was conducted
after mailed and published notice to all affect- RESOLUTION NO. 204-17
ed owners and contract purchasers of agricul- APPROVING THE AMENDED AND RE-
tural land as required by law, and STATED URBAN RENEWAL PLAN FOR
Whereas, the City has caused an appraisal THE SOUTH POINTE HOUSING URBAN
of the Property to be made and the appraised RENEWAL AREA
value of the Property is $22,751.00, based on Whereas, by Resolution 204-17 approved
a per-acre rate of$14,000; and on June 5, 2017, the City Council of the City of
Whereas, the City Council will pursue in- Dubuque, lowa found and determined that
formal negotiations with the private property certain areas located within the City are eligi-
owners and will only resort to eminent domain ble and should be designated as an urban
authority in those instances where informal renewal area under lowa law, and approved
negotiations prove to be unsuccessful; and and adopted the Urban Renewal Plan (the
Whereas, the passage of a resolution to "Plan" or "Urban Renewal Plan") for the South
proceed with the project, declaring the City's Pointe Housing Urban Renewal Area (the
intent to fund the project and authorizing the "Original Area") described therein; and
use of eminent domain authority prior to the Whereas, by Resolution 160-17 approved
commencement of negotiations is necessary on May 1, 2017, the City Council of the City of
so that delay does not result if informal negoti- Dubuque, lowa authorized the preparation of
ations prove to be unsuccessful; and an Amended and Restated Urban Renewal
Whereas, the City Council believes that the Plan (the "Amended and Restated Plan") for
site-specific plans for the construction of the the South Pointe Housing Urban Renewal Ar-
proposed public improvement will be pursued, ea (the"Amended and Restated Area"); and
that financing is available for the actual con- Whereas, the primary purpose of the
struction of this public improvement and that Amended and Restated Plan is to add addi-
the public improvement is in the best interests tional land to the Original Area which results in
of the citizens of Dubuque, lowa. the Amended and Restated Area; and
NOW THEREFORE BE IT RESOLVED by Whereas, the City of Dubuque's primary
the City Council of Dubuque, lowa: objective for the Amended and Restated Plan
Book 147 Regular Session, June 5, 2017 237
is to provide opportunities which will further Dubuque, lowa is hereby authorized and di-
economic development purposes and objec- rected to file a certified copy of this Resolution
tives as described in the Amended and Re- and the Amended and Restated Plan in the
stated Plan in the Amended and Restated Ar- office of the Dubuque County Auditor.
ea; and Passed, approved and adopted this 5t° day
Whereas, a consultation process has been of June, 2017.
undertaken with affeded taxing entities in ac- Roy D. Buol, Mayor
cordance with Chapter 403 of the Code of lo- Attest: Kevin S. Firnstahl, City Clerk
wa with no written objections or recommended
changes to the Amended and Restated Plan 4. South Pointe Housing Tax Increment Fi-
received; and nancing Development Agreement: Proof of
Whereas, the lowa statutes require the City publication on notice of public hearing to con-
Council to submit the proposed Amended and sider approval of the Housing Tax Increment
Restated Plan to the City's Long Range Plan- Financing (TIF) Development Agreement with
ning Commission for review and recommenda- South Pointe, LLC to facilitate the develop-
tion as to its conformity with the general plan ment of a 96-acre parcel off of Rockdale Road
for development of the City as a whole, prior to and the City Manager recommending approv-
City Council approval thereof; and al. Motion by Connors to receive and file the
Whereas, the City Council, in accordance documents and adopt Resolution No. 205-17
with Chapter 403 of the Code of lowa, has Approving an Agreement between the City of
held a public hearing on the proposed Amend- Dubuque, lowa and South Pointe, LLC for the
ed and Restated Plan. development of property in the South Pointe
NOW, THEREFORE, BE IT RESOLVED Urban Renewal Area. Seconded by Jones.
BY THE CITY COUNCIL OF THE CITY OF Planning Services Manager Laura Carstens
DUBUQUE, IOWA: provided and explanation of the points the
Section 1. That the Amended and Restated development received on the Sustainability
Plan for the Amended and Restated Area is Scale. Motion carried 7-0.
hereby approved; that a feasible method exists
for the location of any families who will be dis- RESOLUTION NO. 205-17
placed from the Amended and Restated Area APPROVING AN AGREEMENT BETWEEN
into decent, safe and sanitary dwelling ac- THE CITY OF DUBUQUE, IOWA AND
commodations within their means and without SOUTH POINTE, LLC FOR THE DEVELOP-
undue hardship to such families; and that the MENT OF PROPERTY IN THE SOUTH
Amended and Restated Plan conforms to the POINTE HOUSING URBAN RENEWAL AR-
general plan for the development of the City as EA
a whole. The City does not currently anticipate Whereas, the City Council, by Resolution
the acquisition of any real property in connec- No. 66-17, dated February 20, 2017, declared
tion with the land being added by the Amend- its intent to establish the South Pointe Housing
ed and Restated Plan Urban Renewal Area; and
Section 2. That the Amended and Restated Whereas, pursuant to published notice, a
Area is an economic development area within public hearing was held on the intent to estab-
the meaning of lowa Code Chapter 403; that lish the South Pointe Housing Urban Renewal
such area is eligible for designation as an ur- Area on March 20, 2017 at 6:00 p.m. in the
ban renewal area and otherwise meets all req- City Council Chambers at the Historic Federal
uisites under the provisions of Chapter 403 of Building, 350 W. 6t° Street, Dubuque, lowa;
the Code of lowa; and that the rehabilitation, and
conservation, redevelopment, development, or Whereas, the City Council, following the
a combination thereof, of such area is neces- public hearing, by Resolution No. 101-17, ap-
sary in the interest of the public health, safety proved the South Pointe Housing Urban Re-
or welfare of the residents of this City. newal Area; and
Sedion 3. That, notwithstanding any reso- Whereas, South Pointe, LLC is the owner
lution, ordinance, plan, amendment or any of property in the South Pointe Housing Urban
other document, the Amended and Restated Renewal Area (the Property); and
Plan shall be in full force and effect from the Whereas, the City Council and South
date of this Resolution until the Council Pointe, LLC desire to enter into the Agreement
amends or repeals the Amended and Restated attached hereto for the development of the
Plan. Property; and
Section 4. That the authority for all projects Whereas, it is the determination of the City
previously approved in the Plan for the Original Council that approval of the Agreement ac-
Area is hereby continued in this Amended and cording to the terms and conditions set out in
Restated Plan as of the date of original ap- the Agreement is in the public interest of the
proval. City of Dubuque.
Sedion 5. That the City Clerk of the City of NOW, THEREFORE, BE IT RESOLVED
Book 147 Regular Session June 5, 2017 238
BY THE CITY COUNCIL OF THE CITY OF BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: DUBUQUE, IOWA:
Section 1. That the Agreement by and be- Section 1. That the Amended and Restated
tween the City of Dubuque and South Pointe, Urban Renewal Plan for the Greater pown-
LLC is hereby approved. town Urban Renewal District, on file in the City
Section 2. That the Mayor is hereby au- Clerk's Office and made reference to herein, is
thorized and directed to execute the Agree- hereby approved; that a feasible method exists
ment on behalf of the City and City Clerk is for the location of any families who will be dis-
authorized and directed to attest to his signa- placed from the District into decent, safe and
ture. sanitary dwelling accommodations within their
Section 3. That the City Manager is author- means and without undue hardship to such
ized to take such actions as are necessary to families; and that the Amended and Restated
comply with the terms of the Agreement as Plan conforms to the general plan of the City
herein approved. as a whole. The City does not currently antici-
Passed, approved, and adopted this 5t° pate the acquisition of any real property in
day of June, 2017. connection with the land and projects being
Roy D. Buol, Mayor added by the Amended and Restated Plan.
Attest: Kevin S. Firnstahl, City Clerk Sedion 2. That the City Clerk of the City of
Dubuque, lowa is hereby authorized and di-
5. Greater powntown Urban Renewal Dis- rected to file a certified copy of this Resolution
trict- Resolution of Adoption: Proof of publica- in the office of the Dubuque County Auditor.
tion on notice of public hearing to consider Passed, approved and adopted this 5t° day
approval of the Amended and Restated Urban of June, 2017.
Renewal Plan for the Greater powntown Ur- Roy D. Buol, Mayor
ban Renewal Distrid and the City Manager Attest: Kevin S. Firnstahl, City Clerk
recommending approval. Motion by Jones to
receive and file the documents and adopt 6. Kerper Boulevard Sanitary Sewer Re-
Resolution No. 206-17 Approving the Amend- construction 2017 Project: Proof of publication
ed and Restated Urban Renewal Plan for the on notice of public hearing to consider approv-
Greater powntown Urban Renewal District. al of the plans, specifications, form of contract
Seconded by Connors. Motion carried 7-0. and estimated cost for the Kerper Blvd. Sani-
tary Sewer Reconstruction 2017 Projed and
RESOLUTION NO. 206-17 the City Manager recommending approval.
APPROVING THE AMENDED AND RE- Motion by Lynch to receive and file the docu-
STATED URBAN RENEWAL PLAN FOR ments and adopt Resolution No. 207-17 Ap-
THE GREATER DOWNTOWN URBAN RE- proval of plans, specifications, form of con-
NEWAL DISTRICT tract, and estimated cost for the Kerper Blvd.
Whereas, by Resolution 159-17 on May 1, Sanitary Sewer Reconstruction 2017 Project.
2017 the City Council of the City of Dubuque, Seconded by Jones. Motion carried 7-0.
lowa authorized the preparation of an Amend-
ed and Restated Urban Renewal Plan (the RESOLUTION NO. 207-17
"Amended and Restated Plan'� for the Greater APPROVAL OF PLANS, SPECIFICATIONS,
Downtown Urban Renewal District (the "Dis- FORM OF CONTRACT, AND ESTIMATED
tricY'); and COST FOR THE KERPER BLVD. SANITARY
Whereas, the City of Dubuque's primary SEWER RECONSTRUCTION 2017 PRO-
objective for the Amended and Restated Plan JECT
is to provide opportunities which will further NOW THEREFORE, BE IT RESOLVED
economic development purposes and objec- BY THE CITY COUNCIL OF THE CITY OF
tives and remediate blighting conditions, and DUBUQUE, IOWA:
that to address these objedives additional land That the proposed plans, specifications,
and projects are being added as described in form of contract and estimated cost for the
the Plan in the District; and Kerper Blvd. Sanitary Sewer Reconstruction
Whereas, a consultation process has been 2017 Project, in the estimated amount
undertaken with affected taxing entities in ac- $3,762,675.00, are hereby approved.
cordance with Chapter 403 of the Code of lo- Passed, adopted and approved this 5t° day
wa with no written objections or recommended of June, 2017.
changes to the Amended and Restated Plan Roy D. Buol, Mayor
received; and Attest: Kevin S. Firnstahl, City Clerk
Whereas, the City Council, in accordance
with Chapter 403 of the Code of lowa, has 7. Reallocation of General Obligation
held a public hearing on the proposed Amend- Bonds Series 2014B: Proof of publication on
ed and Restated Plan. notice of public hearing to consider approval of
NOW, THEREFORE, BE IT RESOLVED the reallocation of not to exceed $80,000 of
Book 147 Regular Session, June 5, 2017 239
the unspent proceeds of the General Obliga- the records and accounts of the City to reflect
tion Bond Series 2014B from the City Hall im- the same.
provements project to fund the HVAC im- Passed and approved this 5t° day of June,
provements of the Historic Federal Building 2017.
located at 350 West 6t° Street and the City Roy D. Buol, Mayor
Manager recommending approval. Motion by Attest: Kevin S. Firnstahl
Lynch to receive and file the documents and
adopt Resolution No. 208-17 Instituting pro- ACTION ITEMS
ceedings to take additional action and approv-
ing the reallocation of certain unspent pro- 1. DMATS Federal Fiscal Year 2018-2021
ceeds of the General Obligation Bonds Series Transportation Improvement Program: East-
2014B, of the city of Dubuque, lowa. Second- Central Intergovernmental Agency (ECIA)
ed by Connors. Responding to questions from Transportation Director Chandra Ravada pre-
the City Council, City Manager Van Milligen sented information and sought input about
stated that since the City owns the Federal federally funded projeds through the Dubuque
Building, it is responsible for 100% of the capi- Metropolitan Area Transportation Study
tal improvements to the building. Motion car- (DMATS) Transportation Improvement Pro-
ried 7-0. gram. Motion by Jones to receive and file the
documents and view the presentation. Se-
RESOLUTION NO. 208-17 conded by Lynch. Mr. Ravada provided a slide
INSTITUTING PROCEEDINGS TO TAKE presentation that defined the Transportation
ADDITIONAL ACTION AND APPROVING Improvement Program, described the projects
THE REALLOCATION OF CERTAIN UN- and illustrated the budgets for each projed.
SPENT PROCEEDS OF THE GENERAL OB- Motion carried 7-0.
LIGATION BONDS, SERIES 2014B, OF THE
CITY OF DUBUQUE, IOWA 2. Greater Dubuque Development Corpo-
Whereas, pursuant to notice published as ration - Quarterly Update: President and CEO
required by law, this Council has held a public Rick Dickinson presented a quarterly update
meeting and hearing upon the proposal to in- on the activities of the Greater Dubuque De-
stitute proceedings for the reallocation of cer- velopment Corporation. Topics included
tain unspent proceeds, in the amount of not to launching the GDDC 2022 Capital Campaign,
exceed $80,000 (the "Unspent Proceeds'� of business retention, wnrkforce solutions, na-
the General Obligation Bonds, Series 2014B, tional marketing, sustainable innovations,
of the City of Dubuque, lowa, in order to pro- StartUp Dubuque, and Dubuque's True North
vide funds to pay costs of funding the HVAC program for maximizing the potential of the
improvements of the Historic Federal Building City's Northend. Mr. Dickinson also highlighted
located at 350 West 6t°Street in the amount of the goals of job creation, negotiated business
approximately $80,000, and has considered agreements, efforts to work with employees
the extent of objections received from resi- impacted by the closing of Premier Linen, and
dents or property owners as to said proposal the passing of philanthropist Dick Schmid
and, accordingly the following action is now (Schmid Innovation Center). Motion carried 7-
considered to be in the best interests of the 0.
City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED 3. Dubuque Fire Department- Mission Life-
BY THE CITY COUNCIL OF THE CITY OF line Gold Award: City Manager transmitting
DUBUQUE, IOWA: information that the American Heart Associa-
Sedion 1. That this Council does hereby tion, lowa Mission Lifeline has awarded the
institute proceedings and takes additional ac- Dubuque Fire Department the EMS-Gold
tion for the reallocation of the Unspent Pro- Award for continued excellence in treating
ceeds of the General Obligation Bonds, Series STEMI heart attack patients. Motion by Jones
2014B, for the foregoing purposes, and the to receive and file the documents. Seconded
proposed reallocation of the Unspent Pro- by Connors. Fire Chief Rick Steines provided
ceeds to pay costs of funding the HVAC im- background and required skills that contributed
provements of the Historic Federal Building to receipt of the award and thanks the employ-
located at 350 West 6t° Street, is in all re- ees of the Fire Department. Motion carried 7-0.
spects authorized and approved.
Section 2. The Finance Director is author- 4. Timber Ridge/Rustic Point Water Main
ized and directed to take such action as may Extension 2017 Project Award: City Manager
be necessary to effect and implement the recommending award of the Timber
foregoing reallocation of the Unspent Pro- Ridge/Rustic Point Water Main Extension 2017
ceeds to pay costs of funding the HVAC im- Project construction contract to the low bidder
provements of the Historic Federal Building Tschiggfrie Excavating. Motion by Resnick to
located at 350 West 6�° Street, and to cause receive and file the documents and adopt
Book 147 Regular Session June 5, 2017 240
Resolution No. 209-17 Awarding the public 156-17 and Notice to Bidders published on the
improvement contract for the Timber City of Dubuque website
Ridge/Rustic Point Water Main Extension 2017 wvw�.cityofdubuque.org/bids in the City of
Projed. Seconded by Connors. Motion carried Dubuque and on the Construdion Update
6-0 with Jones having momentarily left the Network at wvw�.mbionline.com, lowa on the
room. 5t°day of May 2017.
Whereas, said sealed proposals were
RESOLUTION NO. 209-17 opened and read on the 18t° day of May 2017
AWARDING PUBLIC IMPROVEMENT CON- and it has been determined that Insituform
TRACT FOR THE TIMBER RIDGE/RUSTIC Technologies of Chesterfield, Missouri, with a
POINT WATER MAIN EXTENSION 2017 bid in the amount of$193,131.40, is the lowest
PROJECT responsive, responsible bidder for the Project.
Whereas, sealed proposals have been NOW THEREFORE, BE IT RESOLVED
submitted by contractors for the Timber BY THE CITY COUNCIL OF THE CITY OF
Ridge/Rustic Point Water Main Extension 2017 DUBUQUE, IOWA:
Project (the Project) pursuant to Resolution ThataPubliclmprovementContractforthe
No. 157-17 and Notice to Bidders published on Project is hereby awarded to Insituform Tech-
the City of Dubuque Website and posted to the nologies and the City Manager is hereby di-
Construction Update Network rected to execute a Public Improvement Con-
vwwa.mbionline.com on the 5t° day of May, tract on behalf of the City of Dubuque for the
2017. Projed.
Whereas, said sealed proposals were Passed, approved and adopted this 5t° day
opened and read on the 18t°day of May, 2017, of June, 2017.
and it has been determined that Tschiggfrie Roy D. Buol, Mayor
Excavating of Dubuque, lowa, with a bid in the Attest: Kevin S. Firnstahl, City Clerk
amount of $883,323.74, is the lowest respon-
sive, responsible bidder for the Project. 6. South Pointe Subdivision Final Plat: City
NOW THEREFORE, BE IT RESOLVED Manager recommending approval of the Final
BY THE CITY COUNCIL OF THE CITY OF Plat of South Pointe Subdivision. Motion by
DUBUQUE, IOWA: Lynch to receive and file the documents and
ThataPubliclmprovementContractforthe adopt Resolution No. 211-17 Authorizing ap-
Projed is hereby awarded to Tschiggfrie 6c- proval of the Final Plat of South Pointe Subdi-
cavating and the City Manager is hereby di- vision in the City of Dubuque, lowa. Seconded
rected to execute a Public Improvement Con- by Resnick. Motion carried 7-0.
tract on behalf of the City of Dubuque for the
Projed. RESOLUTION NO. 211-17
Passed, approved and adopted this 5t° day AUTHORIZING APPROVAL OF THE FINAL
of June, 2017. PLAT OF SOUTH POINTE SUBDIVISION IN
Roy D. Buol, Mayor THE CITY OF DUBUQUE, IOWA
Attest: Kevin S. Firnstahl, City Clerk Whereas, there has been filed with the City
Clerk a Final Plat of South Pointe Subdivision
5. Fiscal Year 2017 Sanitary Sewer Cured- in the City of Dubuque, lowa; and
in-Place Pipe (CIPP) Lining Project Award: Whereas, upon said final plat appear public
City Manager recommending recommends streets to be known as Rockdale Road (Lot F),
award of the Fiscal Year 2017 Sanitary Sewer South Pointe Drive (Lot G), Waterbridge Lane
Cured-in-Place Pipe (CIPP) Lining Project (Lot N), Cedar Trail Drive (Lot O), Summit Hill
contract to the low bidder Insituform Technolo- Drive (Lot P), and Whisper Woods Lane (Lot
gies. Motion by Lynch to receive and file the Q) together with certain public utility, storm
documents and adopt Resolution No. 210-17 sewer, sanitary sewer, detention basin access,
Awarding public improvement contract for the cul-de-sac (temporary), and water main ease-
FY17 Sanitary Sewer Cured-in-Place Pipe ments, which the owner by said final plat has
(CIPP) Lining Projed. Seconded by Connors. dedicated to the public forever; and
Motion carried 7-0. Whereas, upon said Final Plat appear pri-
vate streets to be known as Fieldstone Court
RESOLUTION NO. 210-17 (Lot H), Autumn Ridge Lane (Lot J), Rolling
AWARDING PUBLIC IMPROVEMENT CON- Creek Lane (Lots K& L) and Edenbrook Lane
TRACT FOR THE FY17 SANITARY SEWER (Lot M), which the owner by said Final Plat has
CURED-IN-PLACE PIPE (CIPP) LINING agreed to own, construct and maintain forever;
PROJECT and
Whereas, sealed proposals have been Whereas, the preliminary plat has been
submitted by contractors for the FY17 Sanitary examined by the Zoning Advisory Commission
Sewer Cured-in-Place Pipe (CIPP) Lining Pro- and its approval has been endorsed thereon;
jed (the Project) pursuant to Resolution No. and
Book 147 Regular Session, June 5, 2017 241
Whereas, said final plat has been reviewed concrete curb and gutter with asphaltic
by the City Planner and her approval has been concrete pavement or with Portland Ce-
endorsed thereon, subject to the owner's ment concrete pavement with integral curb,
agreeing to the conditions specified herein; and temporary cul-de-sacs, all in accord-
and ance with the City of Dubuque standard
Whereas, said final plat has been exam- specifications in a manner acceptable to
ined by the City Council and the City Council the City Engineer, in conformance with
find the final plat conforms to the applicable construction improvement plans approved
statutes and ordinances, except that streets by the City Engineer, and inspected and
and public utilities have not yet been complete- approved by the City Engineer.
ly constructed or installed. (c) To install sanitary sewer mains and
NOW THEREFORE, BE IT RESOLVED sewer service laterals into each individual
BY THE CITY COUNCIL OF THE CITY OF lot, water mains and water service laterals
DUBUQUE, IOWA: into each individual lot, storm water deten-
Section 1. That the dedication of Rockdale tion basins, storm sewers and catch ba-
Road (Lot F), South Pointe Drive (Lot G), Wa- sins, boulevard street lighting, fiber optic
terbridge Lane (Lot N), Cedar Trail Drive (Lot conduit and vaults, and erosion control de-
O), Summit Hill Drive (Lot P), and Whisper vices all in accordance with the City of
Woods Lane (Lot Q) together with certain pub- Dubuque standard specifications in a man-
lic utility, storm sewer, sanitary sewer, deten- ner acceptable to the City Engineer, and in
tion basin access, cul-de-sac (temporary), and accordance with construction improvement
water main easements, as they appear on said plans approved by the City Engineer, and
final plat, be and the same are hereby accept- inspected and approved by the City Engi-
ed. neer.
Sedion 2. That the private streets of Field (d) To construct accessible sidewalk
Stone Court (Lot H), Autumn Ridge Lane (Lot ramps at each intersection and street
J), Rolling Creek Lane (Lots K & L), and crossings in accordance with City of Dubu-
Edenbrook Lane (Lot M), as they appear on que Standards and Specifications, all in a
said Final Plat, be and the same are hereby manner acceptable to the City Engineer,
approved; and that the dedication of the public and in accordance with the construction
utility easements in Field Stone Court (Lot H), improvement plans approved by the City
Autumn Ridge Lane (Lot J), Rolling Creek Engineer, and inspected and approved by
Lane (Lots K & L), and Edenbrook Lane (Lot the City Engineer.
M), as they appear on said Final Plat, be and (e) To construct concrete sidewalk
the same are hereby accepted. across Lot A in accordance with City of
Sedion 3. That the Final Plat of South Dubuque Standards and Specifications, all
Pointe Subdivision is hereby approved and the in a manner acceptable to the City Engi-
Mayor and City Clerk are hereby authorized neer, and in accordance with the construc-
and directed to endorse the approval of the tion improvement plans approved by the
City of Dubuque, lowa, upon said final plat, City Engineer, and inspeded and approved
provided the owners of said property herein by the City Engineer.
named, execute their written acceptance of the (� To construct the improvements out-
attached conditions and further agree: lined in (a), (b), (c), (d), and (e) above with-
(a) To reduce South Pointe Drive (Lot in two years from the date of acceptance of
G), Waterbridge Lane (Lot N), Cedar Trail this resolution, at the sole expense of the
Drive (Lot O), Summit Hill Drive (Lot P), owners, or future owner.
and Whisper Woods Lane (Lot Q) to grade
and to construd longitudinal sub-drain,
concrete curb and gutter with asphaltic
concrete pavement or with Portland Ce-
ment concrete pavement with integral curb,
and temporary cul-de-sacs, all in accord-
ance with the City of Dubuque standard
specifications in a manner acceptable to
the City Engineer, in conformance with
construction improvement plans approved
by the City Engineer, and inspeded and
approved by the City Engineer.
(b) To reduce the private streets of
Fieldstone Court (Lot H), autumn Ridge
Lane (Lot J), Rolling Creek Lane (Lots K&
L), and Edenbrook Lane (Lot M) to grade
and to construd longitudinal sub-drain,
Book 147 Regular Session June 5, 2017 242
(g) To maintain the improvements out- the construction of Phase 2 of the subdivision
lined in (a), (c), (d) and (e) above for a pe- begins or owner designs and constructs per-
riod of hnro (2) years from the date of the manent cul-de-sac improvements to current
acceptance of those improvements by the City Standards and dedicates said improve-
City Council of the City of Dubuque, lowa, ments and an appropriate right of way to the
at the sole final expense of the owners, or City.
future owner. Section 7. That the planting of street trees
(h) To maintain the private street im- shall be coordinated with the City Forester.
provements outlined in (b) above forever. Any trees planted within the street right-of-way
(i) To provide security for the perfor- must be chosen and planted by the City of
mance of the foregoing conditions speci- Dubuque Leisure Services Department at the
fied in this Section in such form and with developer's expense.
such sureties as may be acceptable to the Section 8. That the final acceptance of the
City Manager of the City of Dubuque, lowa. public improvements shall only occur upon
Sedion 4. That sidewalk installation shall certification of the City Engineer to the City
be the responsibility of each lot owner for each Council that the public improvements have
lot abutting the public rights-of-way, including been completed in accordance with the ap-
lots with multiple frontages, as required by City proved improvement plans and City standards
Code Chapter 10-1-2 (Sidewalk Installation and specifications and accepted by City Coun-
and Repair). cil Resolution.
Section 5. That the owner must construct Section 9. That in the event South Pointe,
and maintain erosion control devices in South LLC fails to execute the acceptance and fur-
Pointe Subdivision which control erosion and nish the guarantees provided hereof within 180
prevent sediment from leaving the site. The days after the date of this Resolution, the pro-
owner shall also be responsible for mainte- visions hereof shall be null and void and the
nance of the detention facility located on Lots acceptance of the dedication and approval the
C and D of South Pointe Subdivision until 80% plat shall not be effective.
of the lots (Lots C, 1-6 inclusive, and Lots 33- Passed, approved and adopted this 5t° day
37 inclusive for Lot D detention facility) (Lots 7- of June, 2017.
26 inclusive, Lot A, Lot 27, Lots 38-47 inclu- Roy D. Buol, Mayor
sive, and Lots 62-68 inclusive for Lot C deten- Attest: Kevin S. Firnstahl, City Clerk
tion facility) shown on the Preliminary
PIaUConceptual Plan for South Pointe Subdi- 7. South Pointe Housing Urban Renewal
vision, which drain into said detention facility, Area — Ordinance: City Manager recommend-
have been fully developed and adequate ero- ing approval of the Amended and Restated
sion control measures, as approved by the Urban Renewal Plan for the South Pointe
City Engineer, have been installed on the re- Housing Urban Renewal Area that provides
maining 20% of said lots. Until the above 80% details on the inclusion of an additional area
of lots are developed, maintenance of the de- and related projects that will allow for road
tention facilities in Lots C and D of South improvements and the installation of utilities
Pointe Subdivision shall include the removal of related to housing and residential develop-
sediment and other debris caused by construc- ment. Motion by Lynch to receive and file the
tion activities in South Pointe Subdivision and documents and that the requirement that a
reshaping and reseeding of the disturbed are- proposed ordinance be considered and voted
as. After said 80% lots are developed, inspec- on for passage at two Council meetings prior
tion, administration, and maintenance expens- to the meeting at which it is to be passed be
es incurred by the City of Dubuque for the suspended. Seconded by Jones. Motion car-
storm water detention facility on Lots C and D ried 7-0.
of South Pointe Subdivision shall be assessed Motion by Lynch for final consideration and
against the property owners, except the City of passage of Ordinance No. 25-17 Amending
Dubuque, in South Pointe Subdivision, as indi- Ordinance Nos. 11-17 and 11-17-A, providing
cated on the preliminary plats thereof, in equal that General Property Taxes levied and col-
amounts. The City Manager shall certify such lected each year on all property located within
costs to the City Clerk, who in turn shall the South Pointe Housing Urban Renewal Ar-
promptly certify such costs to the Dubuque ea, as amended and restated, in the City of
County Treasurer, and such costs shall then Dubuque, County of Dubuque, State of lowa,
be collected with and in the same manner as by and for the benefit of the State of lowa, City
general property taxes in accordance with pro- of Dubuque, County of Dubuque, Dubuque
visions of law. Community School District and other Taxing
Section 6. That the owner must maintain Districts, be paid to a special fund for payment
the temporary cul-de-sacs on Whisper Woods of principal and interest on loans, monies ad-
Lane and on Summit Hill Drive, except for vanced to and indebtedness, including bonds
snow removal and deicing, until such time as issued or to be issued, incurred by said City in
Book 147 Regular Session, June 5, 2017 243
Connection with said South Pointe Housing the following terms have the following mean-
Urban Renewal Area, as Amended and Re- ings:
stated. Seconded by Connors. Motion carried a. Urban Renewal Project Area in-
7-0. cludes that area described as follows:
Lot 1 of Tower Investments Subdivision
OFFICIAL PUBLICATION No. 1, City of Dubuque; and
ORDINANCE NO. 25-17 Lot 1 of Lot 1 of Lot 2 of Tower Invest-
AN ORDINANCE AMENDING ORDINANCE ments Subdivision No. 1, City of Dubuque;
NOS. 11-17 AND 11-17-A, PROVIDING THAT and
GENERAL PROPERTY TAXES LEVIED AND Lot 2 of Table Mound Mobile Home
COLLECTED EACH YEAR ON ALL PROP- Park, City of Dubuque; and
ERTY LOCATED WITHIN THE SOUTH Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1
POINTE HOUSING URBAN RENEWAL AR- of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 483,
EA, AS AMENDED AND RESTATED, IN THE City of Dubuque; and
CITY OF DUBUQUE, COUNTY OF DUBU- Lot 1 of Mary Lou Place, City of Dubu-
QUE, STATE OF IOWA, BY AND FOR THE que; and
BENEFIT OF THE STATE OF IOWA, CITY Lot 1 of McNamer Acres No. 1; and
OF DUBUQUE, COUNTY OF DUBUQUE, Lot 1 of McNamer Acres No. 3; and
DUBUQUE COMMUNITY SCHOOL DIS- Lot 2 of McNamer Acres No. 3; and
TRICT AND OTHER TAXING DISTRICTS, BE All that part of the Rockdale Road Right
PAID TO A SPECIAL FUND FOR PAYMENT of Way lying South of the Easterly exten-
OF PRINCIPAL AND INTEREST ON LOANS, sion of the North line of Lot 1 of Mary Lou
MONIES ADVANCED TO AND INDEBTED- Place and lying North of the Southern ter-
NESS, INCLUDING BONDS ISSUED OR TO minus of the Rockdale Road Right of Way;
BE ISSUED, INCURRED BY SAID CITY IN and
CONNECTION WITH SAID SOUTH POINTE All that part of the Key West Drive
HOUSING URBAN RENEWAL AREA, AS Right of Way and the Us Highway 61 Right
AMENDED AND RESTATED of Way lying South of the Easterly and
Whereas, the City Council of the City of Westerly extension of the South line of Lot
Dubuque, lowa, has heretofore, in Ordinance 2-1-1-13 of Annie Waller Subdivision #2
Nos. 11-17 and 11-17-A, provided for the divi- and lying North of the Easterly and Wester-
sion of taxes within the South Pointe Housing ly extension of that part of Lot 1 of Mineral
Urban Renewal Area; and Lot 479 lying West of U.S. Highway 61,
Whereas, the City Council of the City of and
Dubuque, lowa, after public notice and hearing All of the Manson Road Right of Way,
as prescribed by law and pursuant to Resolu- in the City of Dubuque, lowa; and
tion No. 204-17 passed and approved on the Lot 1-2-1-1-1-1-1-1-2-1-4 of Mineral Lot
5th day of June 2017, adopted an Amended 501; and
and Restated Urban Renewal Plan (the"Urban All that part of the Kelly Lane Right of
Renewal Plan") for an urban renewal area Way Lying North and West of the West line
known as the South Pointe Housing Urban of Lot 4 of Old Mill Subdivision and its Nor-
Renewal Area, as amended and restated, (the therly extension; and
"Urban Renewal Area"); and Lot 1-2, 1-2-1, 13-1, 2-1-1, 2-2-3-1, 2-
Whereas, expenditures and indebtedness 2-2, 2-2-2-1 All in Mineral Lot 514; and
are anticipated to be incurred by the City of Lot 10 Peg-O-Mesa Subdivision; and
Dubuque, lowa in the future to finance urban All that part of the Fremont Avenue
renewal projed activities carried out in further- Right of Way lying West and South of the
ance of the objedives of the Urban Renewal South line of Lot 14 in Block 1 of Birch
Plan and the future needs for redevelopment Acres and its Northwesterly extension; and
within the Urban Renewal Area are such as to All that part of the Cedar Cross Road
require the application of the incremental tax Right of Way lying South of the Chicago
resources of the Urban Renewal Area; and Central and Pacific Railroad Company
Whereas, the City Council of the City of property in Section 27, T89N, R2E of the
Dubuque, lowa desires to provide for the divi- 5t° P.M.; and
sion of revenue from taxation in the Urban All that part of the Chicago Central and
Renewal Area, as above described, in accord- Pacific Railroad Company property in Sec-
ance with the provisions of Section 403.19 of tion 27, T89N, R2E of the 5t° P.M. lying
the Code of lowa, as amended, and the Urban East of the Westerly line of Lot 1 of Part of
Renewal Plan. Lot 1-1 of Mineral Lot 233 and its Northerly
NOW, THEREFORE, BE IT ORDAINED extension and lying West of the Westerly
BY THE CITY COUNCIL OF THE CITY OF line of Lot 2-2 of Mineral Lot 211A and its
DUBUQUE, IOWA: Northerly extension; and
Sedion 1. For purposes of this Ordinance, All that part of the Cedar Cross Road
Book 147 Regular Session June 5, 2017 244
Right of Way lying South of the Southern Place and its Northerly extension and lying
Right of Way line of U.S. Highway 20 North and East of the East line of Lot 1-1 of
(Dodge Street) and lying North of the Chi- Dane Place and its Southerly extension;
cago Central and Pacific Railroad Compa- and
ny property in Sedion 27, T89N, R2E of All that part of the Southeasterly Half of
the 5t° P.M.; and the North Cascade Road Right of Way ly-
All that part of the U.S. Highway 20 ing South and West of the East line of Lot
(Dodge Street) Right of Way lying West of 1-1 of Dane Place and its Southerly exten-
a line connecting the Northwest corner of sion and lying North and East of the East-
Lot 2-1-1-1 of Bartels Center Grove Place erly Right of Way line of U.S. Highway 20.
and the Southeast corner of Lot 1 of Hard- A part of Lot 2-2-1-1-2 of Mineral Lot
ee's First Addition and lying East of the 483, Lot 1-2-1-1-2 of Mineral Lot 483, and
Chicago Central and Pacific Railroad Lot 1-2-2-2 of Mineral Lot 483 in the City of
Company property in Section 28, T89N, Dubuque, lowa, more particularly de-
R2E of the 5t° P.M.; and scribed as follows: Beginning at the south-
All that part of the Chicago Central and west corner of Lot 2-2-1-1-2 of Mineral Lot
Canadian Pacific Railroad Company prop- 483; thence North 04 Degrees 51 Minutes
erty in Section 28, T89N, R2E of the 5t° 47 Second East a distance of 12724 feet;
P.M. lying East of the Easterly line of Lot 2 thence North 29 Degrees 44 Minutes 54
of West End Commercial Subdivision #2 Seconds East a distance of 170.93 feet;
and its Southerly extension and lying West thence North 80 Degrees 19 Minutes 29
of the Westerly line of Lot 1 of Clin-Que Inc Seconds East a distance of 40.03 feet to
Addition No. 2 and its Southerly extension; the southerly right of way line of Tower
and Drive; thence South 84 Degrees 00
All that part of the U.S. Highway 20 Minutes 14 Seconds East along said
(Dodge Street) Right of Way lying South southerly right of way line a distance of
and West of the Chicago Central and Pa- 1.39 feet; thence South 87 Degrees 49
cific Railroad Company property in Section Minutes 21 Seconds East along said
28, T89N, R2E of the 5t° P.M. and North southerly right of way line a distance of
and East of the Northerly extension of 95.54 feet; thence South 80 Degrees 19
West Lot line of Lot 6 of Key City Subdivi- Minutes 29 Seconds West a distance of
sion; and 125.43 feet; thence South 29 Degrees 44
Lot 6 of Key City Subdivision, Dubuque Minutes 54 Seconds West a distance of
County lowa; and 157.07 feet; thence South 04 Degrees 51
All that part of West Key Drive Right of Minutes 47 Seconds West a distance of
Way adjacent to Lot 6 of Key City Subdivi- 121.90 feet; thence North 87 Degrees 48
sion; and Minutes 19 Seconds West a distance of
All that part of Royal Wood Drive Right 20.02 feetto the point of beginning.
of Way lying South of the Southerly Right A part of Mineral Lot 486 in the City of
of Way line of West Key Drive and North of Dubuque, lowa, more particularly de-
the Northerly Right of Way line of North scribed as follows: Commencing at the
Cascade Road; and northeast corner of Mineral Lot 486; thence
Lot 1 of Lot 1 of the Southeast Quarter North 76 Degrees 36 Minutes 57 Seconds
of the Northwest Quarter of Section 13, West along the northerly line of said lot a
T88N, R1 E of the 5t° P.M.; and distance of 403.64 feet to the point of be-
All that part of the English Mill Road ginning; thence South 65 Degrees 40
Right of Way lying South of the Northerly minutes 26 Seconds West a distance of
line of the South 10 Acres of Lot 1 of the 65.15 feet; thence North 24 Degrees 19
Southeast Quarter of the Northwest Quar- Minutes 34 Seconds West a distance of
ter of Section 5, T88N, R2E and its Easter- 20.00 feet; thence North 65 Degrees 40
ly extension and lying North of the Norther- Minutes 26 Seconds East a distance of
ly Right of Way line of North Cascade 39.29 feet to the north line of said lot;
Road; and thence South 76 Degrees 36 Minutes 57
All that part of the Northwesterly Half of Seconds East along the north line of said
the North Cascade Road Right of Way ly- lot a distance of 32.70 feet to the point of
ing South and West of the East line of Lot beginning.
1 of Dieters Place and its Northerly exten- A part of Mineral Lot 486 in the City of
sion and lying North and East of the West Dubuque, lowa, more particularly de-
line of Lot 1-1 of Elizabeth Watter's Place scribed as follows: Commencing at the
and its Northerly extension; and northeast corner of Mineral Lot 486; thence
All that part of the North Cascade Road North 76 Degrees 36 Minutes 57 Seconds
Right of Way lying South and West of the West along the northerly line of said lot a
West line of Lot 1-1 of Elizabeth Watter's distance of 628.75 feet; thence North 79
Book 147 Regular Session, June 5, 2017 245
Degrees 50 Minutes 55 Seconds West lot and the easterly line of Mineral Lot 488
along the north line of said lot a distance of a distance of 223.95; thence North 67 De-
139.90 feet to the point of beginning; grees 26 Minutes 34 Seconds West along
thence South 08 Degrees 41 Minutes 38 the easterly line of Mineral Lot 488 a dis-
Seconds East a distance of 72.68 feet; tance of 186.99 feet; thence North 27 De-
thence South 81 Degrees 18 Minutes 22 grees 46 Minutes 34 Seconds West along
Seconds West a distance of 20.00 feet; the easterly line of said lot a distance of
thence North 08 Degrees 41 Minutes 38 79.24 feet; thence North 12 Degrees 43
Seconds West a distance of 79.50 feet to a Minutes 23 Seconds East a distance of
point on the north line of said lot; thence 640.72 feet; thence North 12 Degrees 47
South 79 Degrees 50 Minutes 55 Seconds Minutes 24 Seconds East along the easter-
East along the north line of said lot a dis- ly line of said lot a distance of 169.27 feet
tance of 21.13 feet to the point of begin- to the point of beginning; thence North 80
ning. Degrees 41 Minutes 00 Seconds West a
A part of Mineral Lot 488 in the City of distance of 207.65 feet; thence North 09
Dubuque, lowa, more particularly de- Degrees 19 Minutes 00 Seconds East a
scribed as follows: Commencing at the distance of 20.00 feet; thence South 80
northeast corner of Mineral Lot 486;thence Degrees 41 Minutes 00 Seconds East a
North 76 Degrees 36 Minutes 57 Seconds distance of 208.86 feet to point on the
West along the northerly line of said lot a easterly line of said lot; thence South 12
distance of 628.75 feet; thence North 79 Degrees 47 Minutes 24 Seconds West a
Degrees 50 Minutes 55 Seconds West distance of 20.04 feet to the point of begin-
along the north line of said lot a distance of ning.
321.31 feet; thence North 69 Degrees 04 A part of Lot 2-1-2 of Tower Investment
Minutes 44 Seconds West along the north Subdivision No. 1 in the City of Dubuque,
line of said lot a distance of 304.67 feet; lowa, more particularly described as fol-
thence North 42 Degrees 36 Minutes 17 lows: Beginning atthe southwest corner of
Seconds West along the north line of said Lot 1-2-2 of Tower Heights in the City of
lot and the easterly line of Mineral Lot 488 Dubuque, lowa; thence South 04 Degrees
a distance of 223.95; thence North 67 De- 49 Minutes 39 Seconds West along the
grees 26 Minutes 34 Seconds West along westerly right of way line of Tower Drive a
the easterly line of Mineral Lot 488 a dis- distance of 15.02 feet to the point of begin-
tance of 186.99 feet; thence North 27 De- ning; thence continuing South 04 Degrees
grees 46 Minutes 34 Seconds West along 49 Minutes 39 Seconds West along said
the easterly line of said lot a distance of westerly line a distance of 30.03 feet;
79.24 feet; thence North 12 Degrees 43 thence North 82 Degrees 49 Minutes 29
Minutes 23 Seconds East a distance of Seconds West a distance of 497.68 feet to
598.76 feet to the point of beginning; a point on the westerly line of Lot 2-1-2 of
thence South 73 Degrees 55 Minutes 19 Tower Investment Subdivision No. 1;
Seconds West a distance of 95.02 feet; thence North O5 Degrees 44 Minutes 16
thence North 16 Degrees 04 Minutes 41 Seconds West along said westerly lot line
Seconds West a distance of 20.00 feet; a distance of 30.78 feet; thence South 82
thence North 73 Degrees 55 Minutes 19 Degrees 49 Minutes 29 Seconds East a
Seconds East a distance of 106.02 feet to distance of 503.33 feet to the point of be-
a point on the easterly line of said lot; ginning.
thence South 12 Degrees 43 Minutes 23 (b) Urban Renewal Plan means the
Seconds West along the easterly line of Amended and Restated Urban Renewal
said lot a distance of 22.82 feet to the point Plan for the South Pointe Housing Urban
of beginning. Renewal Area, as amended and restated,
A part of Mineral Lot 488 in the City of approved by Resolution No. 204-17 on
Dubuque, lowa, more particularly de- June 5, 2017 as the same may be amend-
scribed as follows: Commencing at the ed from time to time.
northeast corner of Mineral Lot 486;thence Sedion 2. That the taxes levied on the tax-
North 76 Degrees 36 Minutes 57 Seconds able property in the Urban Renewal Area, le-
West along the northerly line of said lot a gally described in Sedion 1 hereof, by and for
distance of 628.75 feet; thence North 79 the benefit of the State of lowa, City of Dubu-
Degrees 50 Minutes 55 Seconds West que, County of Dubuque, Dubuque Community
along the north line of said lot a distance of School Distrid, and all other taxing districts
321.31 feet; thence North 69 Degrees 04 from and after the effective date of this Ordi-
Minutes 44 Seconds West along the north nance shall be divided as hereinafter in this
line of said lot a distance of 304.67 feet; Ordinance provided.
thence North 42 Degrees 36 Minutes 17 Sedion 3. That portion of the taxes which
Seconds West along the north line of said would be produced by the rate at which the tax
Book 147 Regular Session June 5, 2017 246
is levied each year by or for each of the taxing vances, indebtedness, bonds and interest
districts upon the total sum of the assessed thereon of the City of Dubuque, lowa referred
value of the taxable property in the Urban Re- to in Section 4 hereof have been paid, all mon-
newal Area, as shown on the assessment roll ies thereafter received from taxes upon the
as of January 1, 2016, being January 1 of the taxable property in the Urban Renewal Area
calendar year preceding the first calendar year shall be paid into the funds for the respective
in which the City of Dubuque is expected to taxing districts in the same manner as taxes
certify to the County Auditor the amount of on all other property.
loans, advances, indebtedness, or bonds pay- Sedion 7. All ordinances or parts of ordi-
able from the division of property tax revenue nances in conflict with the provisions of this
described herein, shall be allocated to and Ordinance are hereby repealed. The provi-
when collected be paid into the fund for the sions of this Ordinance are intended and shall
respective taxing district as taxes by or for the be construed so as to fully implement the divi-
taxing district into which all other property tax- sion of taxes from taxable property in the Ur-
es are paid. The taxes so determined shall be ban Renewal Area under the provisions of
referred to herein as the "base period taxes" Sedion 403.19 of the Code of lowa. In the
for such Urban Renewal Area. event that any provision of this Ordinance shall
Section 4. That portion of the taxes each be determined to be contrary to law it shall not
year in excess of the base period taxes deter- affed other provisions or application of this
mined for the Urban Renewal Area as provid- Ordinance which shall at all times be con-
ed in Section 3 of this Ordinance shall be allo- strued to fully invoke the provisions of Sedion
cated to and when collected be paid into a 403.19 of the Code of lowa with reference to
special tax increment fund of the City of Dubu- the Urban Renewal Area and the territory con-
que, lowa hereby established, to pay the prin- tained therein.
cipal of and interest on loans, monies ad- Section 8. This Ordinance shall be in effect
vanced to, indebtedness, whether funded, after its final passage, approval and publica-
refunded, assumed or otherwise, including tion as provided by law.
bonds or obligations issued under the authority Passed and approved this 5t° day of June,
of Sedion 403.9 or 403.12 of the Code of lo- 2017.
wa, as amended, incurred by the City of /s/Roy D. Buol, Mayor
Dubuque, lowa, to finance or refinance, in Attest: /s/Kevin S. Firnstahl, City Clerk
whole or in part, urban renewal projects under- Read first time: June 5, 2017
taken within the Urban Renewal Area pursuant Passed and approved: June 5, 2017
to the Urban Renewal Plan, except that (i) Published officially in the Telegraph Herald
taxes for the regular and voter-approved phys- newspaper on the 9t°day of June, 2017
ical plant and equipment levy of a school dis- /s/Kevin S. Firnstahl, City Clerk
trict imposed pursuant to lowa Code Section
298.2 and taxes for the instructional support 8. Greater powntown Urban Renewal Dis-
program of a school district imposed pursuant trict—Ordinance: City Manager recommending
to lowa Code Section 257.19 (but in each case Council adoption of an ordinance amending
only to the extent required under lowa Code the Tax Increment Financing District for the
Section 403.19(2)); (ii) taxes for the payment Greater powntown Urban Renewal District that
of bonds and interest of each taxing district; will expand the District to include the new
(iii) taxes imposed under lowa Code Section Lower Kaufmann Subarea. Motion by Jones to
346.27(22) related to joint county-city build- receive and file the documents and that the
ings; and (iv) any other exceptions described requirement that a proposed ordinance be
in Section 403.19 shall be colleded against all considered and voted on for passage at hnro
taxable property within the Urban Renewal Council meetings prior to the meeting at which
Project Area without any limitation as here- it is to be passed be suspended. Seconded by
inabove provided. Lynch. Motion carried 7-0.
Sedion 5. Unless or until the total as- Motion by Jones for final consideration and
sessed valuation of the taxable property in the passage of Ordinance No. 26-17 Amending
Urban Renewal Area exceeds the total as- Ordinance No. 6-17 and 6-17-A, previously
sessed value of the taxable property in the amended, providing that General Property
Urban Renewal Project Area as shown by the Taxes levied and collected each year on all
assessment roll referred to in Section 3 of this property located within the Greater powntown
Ordinance, all of the taxes levied and collected Urban Renewal Distrid of the City of Dubuque,
upon the taxable property in the Urban Re- County of Dubuque, State of lowa, by and for
newal Area shall be paid into the funds for the the benefit of the State of lowa, City of Dubu-
respective taxing districts as taxes by or for que, County of Dubuque, Dubuque Community
said taxing districts in the same manner as all School District, and other Taxing Districts, be
other property taxes. paid to a special fund for payment of principal
Section 6. At such time as the loans, ad- and interest on loans, monies advanced to and
Book 147 Regular Session, June 5, 2017 247
indebtedness, including bonds issued or to be Downtown Dubuque Urban Renewal District,
issued, incurred by said City in connection with most recently by Ordinance No. 6-17 and 6-
the Amended and Restated Urban Renewal 17-A, creating separate base valuations for the
Plan for the Greater powntown Urban Renew- Bluff Street, Cable Car, Chaplain Schmitt, East
al District. Seconded by Lynch. Motion carried 7t° Street, Ice Harbor Subarea A, Ice Harbor
7-0. Subarea B, Ice Harbor Subarea C, Industrial
Harbor, Kerper Boulevard, Old Main, South
OFFICIAL PUBLICATION Bluff, South Main, South Port, Town Clock,
ORDINANCE NO. 26-17 Town Clock Expansion, Upper Main, Ware-
AMENDING ORDINANCE NO. 6-17 AND 6- house, and Washington Street, North Kerper
17-A, PREVIOUSLY AMENDED, PROVIDING Boulevard, Quebecor, Harrison Street, Holy
THAT GENERAL PROPERTY TAXES LEV- Ghost, Almond Street, North End,West Locust
IED AND COLLECTED EACH YEAR ON ALL Street Corridor, University Avenue Corridor,
PROPERTY LOCATED WITHIN THE Brewing & Malting, and 15t° Street Subareas;
GREATER DOWNTOWN URBAN RENEWAL and
DISTRICT OF THE CITY OF DUBUQUE, Whereas, the Urban Renewal Plan for the
COUNTY OF DUBUQUE, STATE OF IOWA, Greater powntown Urban Renewal District
BY AND FOR THE BENEFIT OF THE STATE was further amended and restated as an
OF IOWA, CITY OF DUBUQUE, COUNTY OF Amended and Restated Urban Renewal Plan,
DUBUQUE, DUBUQUE COMMUNITY pursuant to Resolution No. 205-17 approved
SCHOOL DISTRICT, AND OTHER TAXING on June 5, 2017 for the purpose of expanding
DISTRICTS, BE PAID TO A SPECIAL FUND the Greater powntown Urban Renewal District
FOR PAYMENT OF PRINCIPAL AND IN- to include an additional area described as the
TEREST ON LOANS, MONIES ADVANCED Lower Kaufmann Subarea; and
TO AND INDEBTEDNESS, INCLUDING Whereas, indebtedness has been incurred
BONDS ISSUED OR TO BE ISSUED, IN- by the City, and additional indebtedness is
CURRED BY SAID CITY IN CONNECTION anticipated to be incurred in the future, to fi-
WITH THE AMENDED AND RESTATED UR- nance urban renewal project activities within
BAN RENEWAL PLAN FOR THE GREATER the combined area known as the Greater
DOWNTOWN URBAN RENEWAL DISTRICT Downtown Urban Renewal District (the
Whereas, the City Council of the City of "Greater powntown Urban Renewal DistricY'),
Dubuque, lowa (the "City") has heretofore, in and the continuing needs of redevelopment
Ordinance No. 30-82, provided for the division within the Greater powntown Urban Renewal
of taxes within the original Downtown Dubuque District are such as to require the continued
Urban Renewal Project, lowa R-15, described application of the incremental tax resources
in Resolution No. 123-67 adopted on May 18, within the expanded Greater powntown Urban
1967, pursuant to Sedion 403.19 of the Code Renewal District; and
of lowa; and Whereas, the following enactment is nec-
Whereas, the Urban Renewal Plan for the essary to accomplish the objectives described
original Downtown Dubuque Urban Renewal in the premises.
Projed, lowa R-15, subsequently has been NOW, THEREFORE, BE IT ORDAINED
amended on numerous occasions, growing BY THE CITY COUNCIL OF THE CITY OF
through expansion or merger with other exist- DUBUQUE, IOWA, THAT:
ing urban renewal districts, resulting in Bluff Ordinance No. 6-17 and 6-17-A are hereby
Street, Cable Car, Chaplain Schmitt, East 7th amended to read as follows:
Street, Ice Harbor Subarea A, Ice Harbor Sub- Sedion 1: For purposes of this Ordinance,
area B, Ice Harbor Subarea C, Industrial Har- the following terms shall have the following
bor, Kerper Boulevard, Old Main, South Bluff, meanings:
South Main, South Port, Town Clock, Town (a) Town Clock Subarea of the Dis-
Clock Expansion, Upper Main, Warehouse, trict shall include that area described as
Washington Street, North Kerper Boulevard, follows: Beginning at the intersection of
Quebecor, Harrison Street, Holy Ghost, AI- the north right-of-way line of Ninth
mond Street, North End, West Locust Street Street with the east right-of-way line of
Corridor, University Avenue Corridor, and Central Avenue; thence south along the
Brewing & Malting Subareas being added to east right-of-way line of Central Avenue
what is now known as the Amended and Re- to its intersection with the south right-
stated Greater powntown Urban Renewal Dis- of-way line of Fourth Street; thence
trict; and west along the south right-of-way line
Whereas, consistent with the amendments of Fourth Street to its intersection with
to the Urban Renewal Plan, Ordinance No. 30- the west right-of-way line of Locust
82 subsequently was amended on numerous Street; thence north along the west
occasions to provide for the division of taxes right-of-way line of Locust Street to its
within the Amended and Restated Greater intersection with the north right-of-way
Book 147 Regular Session June 5, 2017 248
line of Ninth Street, but also including City of Dubuque including any adjoining
the adjacent City Lots 623 and 624 public right-of-way.
(Dubuque Museum of Art), the Locust (g) Ice Harbor Subarea C of the
Street Parking Ramp between 8th and District shall include Lot 1-2 and Lot 2-2
9th Streets and the former U.S. Federal of Adams Company's 4th Addition, and
Building located on City Lots 101, 102, all that part of Lot 2-1 of Adams Com-
139, 140, and the N 54.5' of City Lots pany's 4th Addition lying west of the
103 & 138, and the vacated alley be- northerly extension of the westerly line
tween said lots; thence east along the of the Balance of Lot 3 of Adams Com-
north right-of-way line of Ninth Street to pany's 2nd Addition, in the City of
its intersection with the east right-of- Dubuque, lowa including any adjoining
way line of Central Avenue, and point public right-of-way.
of beginning, including all public rights- (h) Warehouse Subarea of the Dis-
of-way. trict shall include that area generally
(b) Town Clock Expansion Subarea bounded by the following description:
shall include the following described Commencing as a point of reference at
properties: South 1/2 of City Lot 167, the intersection of the centerlines of
City Lot 168 and City Lot 168A Qowa 11t° Street and Central Avenue in the
Inn property); and Lots 1 & 2 of City City of Dubuque, Dubuque County, lo-
Lots 204, 205, 206, 207 and 208, N. 23' wa, said point being the point of begin-
of City Lot 263, S. 28.5' of City Lot 263, ning; Thence northeasterly along the
N. 1/2 of City Lot 262, S. 1/2 of City Lot centerline of 11t° Street to a point of in-
262, N. 1/2 of City Lot 261 (Parking Lot tersedion with the centerline of White
Number 1), all in the City of Dubuque, Street; Thence northwesterly along the
lowa and any adjoining public right-of- centerline of White Street to a point of
way. intersection with the centerline of 12�n
(c) Old Main Subarea of the District Street; Thence northeasterly along the
shall include that area generally centerline of 12t° Street and extension
bounded on the North by Fourth Street, thereof to a point of intersection with
on the West by Locust Street, on the the centerline of US Highways 151 and
South by the Locust Street Connector 61; Thence southwesterly along the
and on the East by the U.S. Highway centerline of US Highways 151 and 61
151/61 right-of-way, including all public to a point of intersection with the cen-
rights-of-way. terline of 4t° Street extended; Thence
(d) Upper Main Subarea of the Dis- southwesterly along the centerline of
trict shall include that area generally 4t° Street and extension thereof to a
bounded on the North by Fourteenth point of intersection with the centerline
Street, on the West by Locust Street of Central Avenue; Thence northwest-
but including City Lots658A, 659, 660, erly along the centerline of Central Av-
and the balance of City Lots 658 (Car- enue to a point of intersection with the
negie-Stout Public Library), on the centerline of 9th Street; Thence south-
South by the northerly boundary of the westerly along the centerline of g�n
Town Clock Subarea and on the East Street to a point of intersection with the
by Central Avenue, and including all westerly line of City Lot 259 extended
public rights-of-way. southerly; Thence northwesterly along
(e) Ice Harbor Subarea A of the the westerly line of City Lot 259, and
District shall include that area generally Lots 1 and 2 of the Subdivision of the
bounded on the north by the public al- South '/� of City Lot 261 and City Lot
ley located between the vacated Fourth 260 to the southwest corner of the N '/�
Street and Third Street, on the west by of City Lot 261; Thence northeasterly
the Chicago, Central and Pacific Rail- along the southerly line of the N '/� of
road right-of-way, on the south by East City Lot 261 and extension thereof to a
First Street and on the east by the mu- point of intersection with the centerline
nicipal limits of the City of Dubuque, of Central Avenue; Thence northwest-
lowa and including any adjoining public erly along the centerline of Central Av-
right-of-way. enue to a point of intersection of 11�n
(� Ice Harbor Subarea B of the Dis- Street also being point of beginning.
trict shall include that area generally (i) South Main Subarea of the Dis-
bounded on the north and west by the trict shall include that area generally
Chicago, Central and Pacific Railroad bounded by the following description:
right-of-way, on the south by the nor- Commencing as a point of reference at
therly boundary of Subarea A and on a point of intersedion of the centerline
the east by the municipal limits of the of Locust Street with the Locust Street
Book 147 Regular Session, June 5, 2017 249
Connedor in the City of Dubuque, of lots 1 of 5, 1 of 4, 1 of 3, 1 of 2 and 1
Dubuque County, lowa, said point be- of 1 of said Block 27 to the south line of
ing the point of beginning; Thence lot 4A of said Block 17; Thence wester-
northeasterly along the centerline of the ly to the easterly right of way line of va-
Locust Street Connector to a point of cated Water Street; Thence northwest-
intersection with the centerline of US erly along said easterly line to the
Highways 52, 61, and 151; Thence southwesterly corner of lot 2 of said
southeasterly along the centerline of Block 17; Thence westerly along the
US Highways 52, 61, and 151 to a extension of the southerly line of said
point of intersection with the centerline Lot 2 to the westerly line of Vacated
of the eastern section of Jones Street Water Street; Thence northerly along
extended southwesterly; Thence said westerly right of way line to the
southwesterly along said extension of southerly corner of Lot 2 of Block 18 of
the centerline of the eastern section of Dubuque Harbor Company's Addition;
Jones Street to a point of intersection Thence northwesterly along the wester-
with the centerline of Main Street; ly line of said Lot 2 to a point of inter-
Thence northwesterly along the center- section with the southerly right of way
line of Main Street to a point of inter- line of vacated Charter St; Thence
section with the centerline of Jones southwesterly along said right of way
Street; Thence northwesterly along the line and extension thereof the center-
centerline of Jones Street to a point of line of South Main Street; Thence
intersection with the easterly line of Lot northwesterly along said centerline to
2D of vacated Shields Street extended the northerly line of Lot 5, Block 13
northerly; Thence southeasterly along Dubuque Harbor Company's Addition
the easterly line of Lot 2D of vacated extended northeasterly; Thence south-
Shields Street to the southeasterly cor- westerly along said line to the easterly
ner of said Lot 2D; Thence southwest- line of Lots 7 and 8 of said Block 13;
erly along the southerly lines of Lot A Thence southeasterly along the easter-
and Lot 2D of vacated Shields Street ly lines of said Lots 7&8 and extension
and Lot 1 of 2 of City Lot 543 extended thereof to the centerline of Charter
westerly to a point of intersection with Street; Thence southwesterly along
the centerline of Locust Street; Thence said centerline to the centerline of Sa-
northeasterly along the centerline of lina Street; Thence northwesterly along
Locust Street to a point of intersection said centerline to the northerly line of
with the centerline of the Second Street Lot 1 of Harrison Street Place No. 4 ex-
Connedor, also being the point of be- tended northeasterly; Thence south-
ginning. westerly along the northerly lines of
Q) South Port Subarea of the Dis- said Lot 1 of Harrison Street Place No.
trict shall include that area generally 4 extended to the westerly right of way
bounded by the following description: line of Harrison St.; Thence northerly
Beginning at a point of reference at the along the easterly line of Lot 3 of Ray-
northwest corner of Lot 2 of AA Cooper mond Baumhover Subdivision to the
Wagon Works Block in the City of northeast corner of said Lot 3, thence
Dubuque, Dubuque County lowa, said westerly along the northerly line of said
point being on the southerly right of Lot 3 and westerly extension thereof to
way line of East First Street; Thence the centerline of relocated South Lo-
southeasterly along the southerly right cust St; Thence northerly along said
of line of East First Street and exten- centerline to the centerline of Dodge St;
sion thereof to the municipal limits of Thence easterly along said centerline
the City of Dubuque; Thence southerly of Dodge Street to a point of intersec-
along said municipal limits to a point of tion with the westerly line of Lot E of
intersection with the southern right of vacated Shields Street extended
way line of Railroad Ave. extended southerly; Thence northerly along said
easterly; Thence southwesterly along westerly line to the northwest corner of
said right of way line extension there to said lot E; Thence easterly along the
the southeast corner of Lot A, Block 15 north line of said lot E and Lot 6 Block
Dubuque Harbor Company's Addition; 11 of Dubuque Harbor Company's Ad-
Thence northwesterly along the easter- dition and extension thereof to the cen-
ly line of said Lot A to the northerly right terline of Main Street; Thence south-
of way line of Railroad Ave., and south easterly along the centerline of Main St.
line of lot 1 of 5 of Block 27 Dubuque to the centerline of Dodge Street;
Harbor Company's Addition; Thence Thence easterly along the centerline of
northwesterly along the westerly lines Dodge St to the intersection of Highway
Book 147 Regular Session June 5, 2017 250
61/151; Thence northwesterly along along the easterly line of Lots 34, 35,
said centerline to a point of intersection 36 and 37 of Cooper Heights Addition
with the southerly right of way line of to a point of intersection with the
East First Street; Thence southeasterly southerly right of way line of W. Fifth
along said right of way line to the point Street; Thence northeasterly to a point
of beginning. of intersection in the centerline of W.
(k) Cable Car Subarea of the Dis- Fifth Street approximately 270 feet
trict shall include that area generally southwesterly of the centerline of Bluff
bounded by the following description: Street; Thence northwesterly along the
Commencing as a point of reference at centerline of W. Fifth Street to a point
the intersection of the centerlines of of intersection with the southerly line of
Second Street and Locust Street in the Coriell's Dubuque also being the nor-
City of Dubuque, Dubuque County, lo- therly right of way line of W. Fifth
wa, said point being the point of begin- Street; Thence northeasterly along said
ning; Thence southeasterly along the right of way line of W. Fifth St. to the
centerline of Locust Street to a point of southwest corner of Lot 1 of City Lot
intersection with the centerline of First 690;Thence northwesterly along the
Street; Thence southwesterly along the westerly line of said Lot 1 to the north-
centerline of First Street to a point of in- west corner of said Lot 1;Thence
tersection with the centerline of Bluff northeasterly along the northerly line of
Street; Thence northwesterly along the said Lot 1 to the northeast corner of
centerline of Bluff Street to a point of in- said Lot 1;Thence southeasterly along
tersection with the centerline of Emmett the easterly line of said Lot 1 to a point
Street; Thence southwesterly along the of intersection with the northerly line of
centerline of Emmett Street to a point the south 62.5 ft. of the north 64 ft. of
of intersection with the centerline of St. City lot 617;Thence northeasterly along
Mary's Street; Thence northwesterly said northerly line and extension there-
along the centerline of St. Mary's Street of to a point of intersection with the
and to a point of intersection with the centerline of Bluff Street; Thence
northerly line of Cathedral Center ex- southeasterly along the centerline of
tended southwesterly; Thence north- Bluff Street to a point of intersection
easterly along the northerly line of Ca- with the northerly line of the south 10 ft.
thedral Center to a point of intersection of City Lot 138 extended southwesterly;
with the westerly right of way line of Thence northeasterly along said nor-
Bluff Street; Thence northwesterly therly line and northerly line of the
along said westerly right of way line of south 10 ft. of the south 34.6 ft. of City
Bluff Street and extension thereof to a Lot 103 and extension thereof to a
point of intersection with the centerline point of intersection with the centerline
of Third Street; Thence southwesterly of Locust Street; Thence southeasterly
along the centerline of Third Street to a along the centerline of Locust Street to
point of intersection with the westerly a point of intersection with the center-
line of Lot 1 of the East 78 ft. of the line of Second Street, said point being
South 100 ft. of Lot 4 of City Lot 692 the point of beginning.
extended southerly; Thence northwest- (I) Bluff Street Subarea of the Dis-
erly along said westerly line to a point trict shall include that area generally
of intersection with the southerly line of bounded by the following description:
Fenelon Point Subdivision; Thence Commencing as a point of reference at
northeasterly along said southerly line the intersection of the centerlines of W.
to a point of intersection with the west- Sixth Street and Bluff Street in the City
erly line of Lot 2 of 2 of City Lot of Dubuque, Dubuque County, lowa,
692;Thence northwesterly along said said point being the point of beginning;
westerly line and westerly line of Lot 1 thence southeasterly along the center-
of 2 of City Lot 692 to a point of inter- line of Bluff Street to a point of intersec-
section with the southerly right of way tion with the northerly line of the south
line of W. Fourth Street; Thence north- 62.5 ft. of the north 64 ft. of City Lot
easterly across W. Fourth Street to the 617 extended southeasterly; thence
southwest corner of Lot 1 of Evan's southwesterly along said northerly line
Place, said point also being on the nor- to the easterly line of Lot 1 of City Lot
therly right of way line of W. Fourth 690; thence northwesterly along the
Street; Thence northwesterly along the easterly line of said Lot 1 to the north-
west line of said Lot 1 to the southeast east corner of said Lot 1; thence
corner of Lot 34 of Cooper Heights Ad- southwesterly along the northerly line
dition; Thence continuing northwesterly of said Lot 1 to the northwest corner of
Book 147 Regular Session, June 5, 2017 251
said Lot 1; thence southeasterly along corner of Lot 1 of Lot 11 of Central Ad-
the westerly line of said Lot 1 to a point dition; thence northeasterly along the
of intersection with northerly right of southerly line of Lot 1 of Lot 11 and Lot
way line of W. Fifth Street; thence 1 of Lot 10 of Central Addition to a
southwesterly along said right of way point of intersection with the westerly
line of W. Fifth St. to the southeast cor- line of Lot 1 of Lot 9 of Central Addition;
ner of the South 73' of Lot 13 of Cori- thence northwesterly along said west-
ell's Dubuque; thence northwesterly 73' erly line of Lot 1 of Lot 9 to a point of in-
along the easterly line of said South 73' tersection with the southerly right of
of Lot 13 of Coriell's Dubuque to the way line of a public alley in Central Ad-
northeast corner of the South 73' of Lot dition; thence northeasterly along said
13 of Coriell's Dubuque; thence south- southerly line to a point of intersection
westerly along the northerly line of said with the westerly line of Lot 1 of 1 of 10
South 73' of Lot 13 of Coriell's Dubu- of Lorimer's Subdivision; thence north-
que to a point of intersection with west- westerly along said westerly line of said
erly line of Lot 13 of Coriell's Dubuque; Lot 1 of 1 of 10 to the northerly line of
thence northwesterly along said west- Lorimer's Subdivision; thence north-
erly line of Lot 13 to a point of intersec- easterly along the northerly line of Lor-
tion with the southerly line of Lot 33 of imer's Subdivision to the southeast
Coriell's Dubuque; thence northeasterly corner of a public alley between Cork-
along said southerly line of Lot 33 to a ery's Subdivision and City Lot 655;
point of intersection with the westerly thence northwesterly along the easterly
line of Lot 14 of Coriell's Dubuque' right of way line of said alley to a point
thence northwesterly along said west- of intersection with West Eleventh
erly line of said Lot 14 to a point of in- Street; thence southwesterly along cen-
tersection with the southerly line of Lot terline of West Eleventh Street to a
34 of Coriell's Dubuque; thence north- point of intersection with the centerline
easterly along said southerly line of Lot of Grove Terrace; thence northwesterly
34 to the easterly line of Coriell's along centerline of Grove Terrace to a
Dubuque; thence northwesterly along point of intersection with the northerly
said easterly line Lots 34, 35, 36, 37, right of way line of Arlington Street;
38, and 44 of Coriell's Dubuque to the thence northeasterly along the norther-
northwest corner of the North 50' of Lot ly right of way line of Arlington Street to
1 of Lot 1 of City Lot 653; thence north- the southeast corner of City Lot 769B;
easterly along the northerly line of said thence northwesterly along the easterly
North 50' of Lot 1 of Lot 1 of City Lot line of said City Lot 769B to a point of
653 to the southeast corner of Lot 1 of intersection with the southerly line of
McKinlay's Subdivision; thence north- Lot 3 of Brown's Subdivision; thence
westerly along said easterly line of said southwesterly along the southerly line
Lot 1 and extension thereof to a point of said Lot 3 to the southwest corner of
of intersection with the centerline of said lot; thence northwesterly along the
West Eighth Street; thence northwest- westerly line of said Lot 3 and exten-
erly along said centerline of West sion thereof to a point of intersection
Eighth Street to a point of intersection with the centerline of Loras Boulevard;
with the westerly line of Lot 1 of the thence northeasterly along said center-
Subd'n. of City Lot 688 and part of City line to a point of intersection with the
Lot 654 extended southerly; thence centerline of Locust Street; thence
northwesterly along said westerly line southeasterly along the centerline of
of Lot 1 and extension thereof northerly Locust Street to a point of intersection
to a point of intersection with the cen- with the centerline of W. Eleventh
terline of West Ninth Street; thence Street; thence southwesterly along the
southwesterly along the centerline of centerline of W. Eleventh Street to a
West Ninth Street to a point of intersec- point of intersection with the centerline
tion with the southerly extension of the of Bluff Street; thence southeasterly
westerly line of Lot 2 of Lot 12 of Cen- along the centerline of Bluff Street to a
tral Addition; thence northwesterly point of intersection with the extension
along said westerly right of Lot 2 of Lot of the southerly line of City Lot 658A;
12 to the northwest corner of said Lot; thence northeasterly along the souther-
thence northeasterly along the norther- ly line of City Lot 658A extended and
ly line of said Lot 2 of Lot 12 to the the southerly line of City Lot 658, ex-
northeast corner of said Lot; thence cept the southerly one foot thereof, ex-
southeasterly along said easterly line of tended to a point of intersection with
said Lot 2 of Lot 12 to the southwest the centerline of Locust Street; thence
Book 147 Regular Session June 5, 2017 252
southeasterly along the centerline of point of intersedion with the southerly
Locust Street to a point of intersection line of Lot 12 of Saint Raphael's Addi-
with the centerline of West Ninth Street; tion; thence northeasterly along said
thence southwesterly along the center- southerly line of said Lot 12 and exten-
line of West Ninth Street to a point of sion thereof to the centerline of St.
intersection with the centerline of Bluff Mary's Street; thence northwesterly
Street; thence southeasterly along the along the centerline of St. Mary's Street
centerline of Bluff Street to a point of in- to a point of intersection with the cen-
tersection with the centerline of West terline of Emmett St.; thence north-
Eighth Street; thence northeasterly easterly along the centerline of Emmett
along the centerline of West Eighth St. to centerline of Bluff Street, said
Street to a point of intersection with the point being point of beginning.
centerline of Locust Street; thence (n) Kerper Boulevard Subarea of
southeasterly along the centerline of the distrid shall include the following
Locust Street to a point of intersection described properties: Lot 1-2, Lot 2-2,
with the northerly line of City Lot 624 Lot 2A, Lot 3 and Lot 6 all in Kerper In-
extended northeasterly; thence south- dustrial Park in the City of Dubuque,
westerly along the northerly line of City Dubuque County, lowa, also including
Lot 624 extended southeasterly to the the entire right of way of Kerper Court
centerline of a public alley; thence and the westerly portion of Kerper
southeasterly along the centerline of a Boulevard right of way from the abut-
public alley to a point of intersedion ting Kerper Court right of way and Lot 3
with the centerline of W. Seventh of Kerper Industrial Park to the center-
Street; thence northeasterly along the line of Kerper Boulevard.
centerline of W. Seventh Street to a (o) Washington Neighborhood Sub-
point of intersection with Locust Street; area of the district shall include that ar-
thence southeasterly along the center- ea generally bounded by the following
line of Locust Street to a point of inter- description: Commencing as a point of
sedion with West Sixth Street; thence reference at the intersedion of the cen-
southwesterly along the centerline of terlines of Central Avenue and Loras
West Sixth Street to a point of intersec- Boulevard in the City of Dubuque,
tion with Bluff Street said point being Dubuque County, lowa, said point be-
the point of beginning. ing the point of beginning; Thence
(m) South Bluff Street Subarea of southwesterly along the centerline of
the distrid shall include that area gen- Loras Boulevard to a point of intersec-
erally bounded by the following descrip- tion with the westerly line of Lot 3 of
tion: Commencing as a point of refer- Brown's Subdivision extended norther-
ence at the intersection of the center- ly; Thence northerly to the southwest
lines of Emmett Street and Bluff Street corner of Lot 23 of City Lot 667;
in the City of Dubuque, Dubuque Coun- Thence northwesterly along the wester-
ty, lowa, said point being the point of ly line of said Lot 23; Thence north-
beginning; thence southeasterly along easterly along the northerly line of said
the centerline of Bluff Street to a point Lot 23 to a point of intersection with
of intersection with the centerline W. the southeasterly line of Lot 13 of City
First Street; thence southwesterly along Lot 667; Thence northeasterly along
the centerline W. First Street to the the said southeasterly line to the north-
centerline of Bluff Street; thence east corner of said Lot 1-3; Thence
southwesterly along the centerline of southwesterly along the northerly line
Bluff Street to a point of intersection of said Lot 13 to a appoint of intersec-
with the centerline Dodge Street; tion with the easterly right of way line of
thence southwesterly along the center- Montrose Terrace; Thence northwest-
line Dodge Street to a point of intersec- erly along said the easterly right of way
tion with the easterly line of Lot 3 of line to a point of intersection with the
City Lot 694 extended southeasterly; easterly right of way line of a public al-
thence northwesterly along the easterly ley between D. N. Cooley's Subdivision
line of said Lot 3 of City Lot 694 and and Fairview Subdivision; Thence con-
Lot 1-1 and 2-1 of City Lot 694 to the tinuing northwesterly along said the
southwest corner of Lot 1-2 of City Lot easterly alley line to a point of intersec-
694; thence northeasterly along said tion with the southerly right of way line
southerly line of said Lot 1-2 of City Lot of W. 17t° Street; Thence northwesterly
694 to the southeast corner of said Lot; crossing W. 17t° St. to the most easter-
thence northwesterly along said easter- ly corner of Lot 2-1-1-2 of City Lot 670,
ly line of Lot 1-2 of City Lot 694 to a said point being at the point of intersec-
Book 147 Regular Session, June 5, 2017 253
tion of the north right of way of W. 17�° said westerly right of way line to a point
St. and w�sterly right of way line of W. of intersection with the northerly right of
Locust St.; Thence southwesterly along way line of W. Locust Street; Thence
the north right of way of W. 17t° St. to southeasterly crossing Ellis St. to a
southeast corner of Lot 1-2-2 of City point of intersection with the easterly
Lot 670; Thence northwesterly along right of way line of Ellis St. at the
the easterly lines of Lot 1-2-2 and Lot southerly right of way line of Dorgan
2-2-2 of City Lot 670 to a point of inter- Place; Thence easterly along said
sedion with the southerly right of way southerly right of way line of Dorgan
line of Clark St.; Thence northwesterly Place to the northeast corner of Lot 1A
crossing Clark St. to the southeasterly of Dorgan's Subdivision No. 2; Thence
corner of Welsh Place; Thence north- easterly crossing Dorgan Place to the
westerly along the easterly line of said southwest corner of Lot 5-2 of City Lot
Welsh Place to the northeast corner 673; Thence northerly along the west-
thereof; Thence southwesterly along erly line of said Lot 5-2 to the northwest
the northerly line of said Welsh Place to corner thereof; Thence easterly along
a point of intersection with the easterly the northerly line of said Lot 5-2 to a
right of way line of a public alley along point of intersection with the westerly
the westerly side of A. L. Bowen's Sub- right of way line of Madison Street;
division; Thence northwesterly along Thence easterly crossing Madison St.
said easterly right of way line to a point to the most westerly corner of Lot A-2-1
of intersection with the southerly right of City Lot 674, said point being on the
of way line of Angella Street; Thence easterly right of way line of Madison St.
southwesterly along said southerly right Thence easterly along the northerly line
of way line to the northeast corner of of said Lot A-2-1 to a point of intersec-
Lot 12 of Gilliam's Subdivision; Thence tion with the easterly right of way line of
northwesterly crossing Angella St. to Main Street; Thence northerly along
the most southerly corner of Lot 1 of said easterly right of way line to the
Gilliam's Subdivision said point being northwest corner of Lot 2-1 of City Lot
on the northerly right of way line of An- 674; Thence easterly and continuing
gella St.; Thence northwesterly along northeasterly along the northerly lines
the westerly line of said Lot 1 to a point of Lot 2-1, Lot 2-2, Lot 2-13, Lot 1-2-3
of intersection with the southerly line of all of the subdivision of City Lot 674 to
Lot 2 of Alvin Haas Place; Thence a point of intersection with the westerly
southwesterly along the southerly line line of Lot 4 of City Lot 674; Thence
of Lot 1 and Lot 2 of Alvin Haas Place northwesterly along said westerly line
and the southerly line of the Westerly to a point of intersection with the
40 feet of Lot 3 of Quigley's Subdivision southerly line of Lot 1-1-2 of Duncan's
of Out Lot 710 to the most easterly cor- Subdivision; Thence northeasterly
ner of Lot 24 of Quigley's Subdivision along said southerly line and southerly
of Out Lot 710; Thence westerly along line of Lot 1 and Lot 2 of M. A. Reb-
the southerly boundary of Lots 4 man's Subdivision and extension
through Lots 15 of Quigley's Subdivi- thereof to a point of intersection with
sion Out Lot 710 and the southerly line the easterly right of way line of Heeb
of Lots 9A, 10 and 11 of Quigley's Street; Thence northwesterly along
Subdivision Out Lot 711 to a point of in- said easterly right of way line to a point
tersection with the easterly right of way of intersection with the northerly right of
line of Pierce Street; Thence northerly way line of Clarke Drive; Thence
along said easterly right of way line and northwesterly along said northerly right
extension thereof to a point of intersec- of way line to a point of intersection
tion with the northerly right of way line with the easterly right of way line of
of W. Locust Street; Thence easterly Heeb Street lying between Central Av-
along said northerly right of way line to enue and Shelby Street; Thence
the easterly right of way line of Foye northwesterly along said easterly right
Street; Thence northerly along said of way line to a point of intersection
easterly right of way line to a point of with the southerly right of way line of
intersection with the southerly right of Kaufmann Avenue; Thence easterly
way line of a public alley lying between along said southerly right of way line to
Almond and W. Locust Sts.; Thence a point of intersection with the southerly
easterly along said southerly right of extension of the easterly right of way
way line to a point of intersection with line of a public alley lying between Cen-
the westerly right of way line of Ellis tral Ave. and Francis Street; Thence
Street; Thence southeasterly along northwesterly along said easterly right
Book 147 Regular Session June 5, 2017 254
of way line to a point of intersection King's Subdivision; Thence northwest-
with the southerly right of way line of erly along the westerly lines of Lot 1-1-
W. 23rd Street; Thence southwesterly 1 of the E1/2 of Lot 14 John King's
along said southerly right of way line to Subdivision to the northwest corner
the northwest corner of the East One- thereof; Thence northeasterly along the
Half of Lot 11 of Tivoli Addition; Thence northerly line of said Lot 1-1-1 to a
northwesterly crossing W. 23rd St. to point of intersection with the westerly
the southw�sterly corner of Lot 1 of Va- right of way line of Central Avenue;
leria Place No. 2; Thence northwesterly Thence northeasterly crossing Central
along the westerly line of said Lot 1 to a Avenue to a point of intersection of the
point of intersedion with the southerly easterly right of way line of Central Av-
line of Lot 2 of said Valeria Sub. No. 2; enue and the northerly right of way line
Thence southwesterly along the south- of E. 25t° Street; Thence northeasterly
erly line of said Lot 2 to the southwest along said northerly right of way line
corner thereof; Thence northwesterly and extension thereof to a point of in-
along the westerly line of said Lot 2 to a tersection with the easterly right of way
point of intersection with the southerly line of Elm Street; Thence southeaster-
line of Lot 2-1 of Valeria Place; Thence ly along said easterly right of way line
northeasterly along said southerly line to a point of intersection with the nor-
to the southeasterly corner of said Lot therly right of way line of E. 24t° Street;
2-1; Thence northwesterly along the Thence northeasterly along said nor-
easterly line of said Lot 2-1 the north- therly right of way line and extension
east corner thereof, said point also be- thereof to a point of intersection with
ing the southeasterly right of way line of the easterly right of way line of Windsor
Carr St.; Thence northwesterly along Avenue; Thence southeasterly along
the easterly right of way line of Carr St. said easterly right of way line to a point
to a point of intersection with the of intersection with the northerly right of
southerly right of way line of W. 24t° way line of E. 22od Street; Thence
Street; Thence northeasterly along said northeasterly along said northerly right
southerly right of way line to a point of of way line to a point of intersection
intersection with the southerly exten- with the westerly right of way line of
sion of the easterly right of way line of Stafford Street; Thence northeasterly
Division Street; Thence northwesterly crossing Stafford Street to a point of in-
along said easterly right of way line to tersedion of the easterly right of way
the northwest corner of Lot 8 of Wull- line of Stafford Street and the northerly
weber's Subdivision; Thence south- right of way line of Thomas Place;
westerly along the southerly line of Thence southeasterly along said east-
John King's Subdivision to the south- erly right of way line of Stafford Street
west corner of the West 33.98 feet of and extension thereof to a point of in-
Lot 1-6 of John King's Subdivision; tersection with the southerly right of
Thence northwesterly along the wester- way line of Garfield Avenue; Thence
ly line of the West 33.98 feet of Lot 1-6 southwesterly along said southerly right
of John King's Subdivision to the of way line to a point of intersection
northwest corner thereof; Thence with the centerline of Stafford Street ex-
northeasterly along the northerly line of tended southeasterly; Thence south-
said West 33.98 feet to the southwest easterly along the centerline of Stafford
corner of Lot 1 of the East 329.98 feet Street extended to a point of intersec-
of Lot 8 of John King's Subdivision; tion with the northwesterly line of Lot 2-
Thence northwesterly along the wester- 2 of Kerper Industrial Park; Thence
ly line of said Lot 1 to a point of inter- southwesterly along said northwesterly
sedion with the southerly line of the line of Lot 1-2 of Kerper Industrial Park
NE1/4 of said Lot 8; Thence south- to the northernmost point of Lot 1 of
westerly along said southerly line to the Kerper Industrial Park; Thence south-
southwest corner of said NE1/4 of Lot westerly along the westerly line of said
8; Thence northwesterly along the Lot 1 to a point of intersection with the
westerly lines of the NE1/4 of Lot 8, the northerly right of way line of E. 16�n
SE1/4 of Lot 10, the NE1/4 Lot 10 and Street; Thence southw�sterly along
the E1/2 of Lot 12 all in John King's said northerly right of way line to the
Subdivision to the northwest corner of easterly right of way line of Pine Street;
said E1/2 of Lot 12; Thence northeast- Thence southeasterly crossing E. 16�n
erly along the northerly line of said E1/2 Street along said easterly right of way
of Lot 12 to the southwest corner of Lot of Pine St. extended to a point of inter-
1-1-1 of the E1/2 of Lot 14 in John sedion with the southerly right of way
Book 147 Regular Session, June 5, 2017 255
line of E. 16t° St.; Thence southwester- line of said Lot 1 to the most northerly
ly along said southerly right of way line corner thereof; Thence southwesterly
to a point of intersection with the east- along the westerly lines of Lot 1-2 and
erly right of way line of Elm Street; Lot 2A of Kerper Industrial Park to the
Thence southeasterly along said east- southwest corner of said Lot 2A;
erly right of way line to a point of inter- Thence northeasterly along the south-
section with the northerly right of way erly line of said Lot 2A to the southeast
line of E. 15t° Street; Thence south- corner thereof; Thence northwesterly
westerly along said northerly right of along the easterly line of said Lot 2A to
way line to a point of intersection with the southwest corner of Lot 6 of Kerper
the westerly right of way line of Elm Industrial Park; Thence northeasterly
Street; Thence southeasterly along along the southerly line of said Lot 6 to
said westerly right of way of Elm Street the southeast corner thereof; Thence
and extension thereof to a point of in- northwesterly along the easterly line of
tersection with the centerline of E. 12t° said Lot 6 to the northeast corner
Street; Thence southw�sterly along the thereof and point of intersection with
said centerline of E. 12t° Street to a the southerly right of way line of Kerper
point of intersection with the centerline Court; Thence northeasterly along said
of White Street; Thence southeasterly southerly right of way line and exten-
along said centerline of White Street to sion thereof to a point of intersection
a point of interjection with the centerline with the centerline of Kerper Blvd;
of E. 11th Street; Thence southwesterly Thence northwesterly along said cen-
along said centerline of E. 11t°Street to terline to a point of intersection with the
a point of intersection with the center- northerly line of Lot 3 of Kerper Indus-
line of Central Avenue; Thence north- trial Park extended easterly; Thence
westerly along said centerline of Cen- northwesterly along said extended line
tral Avenue to a point of intersection to the northeast corner of said Lot 3,
with the centerline of Loras Boulevard, said point also being on the westerly
said point being the point of beginning. right of way line of Kerper Blvd.;
(p) Industrial Harbor Subarea of the Thence northerly along said right of
district shall include that area generally way line to a point of intersection with
bounded by the following description: the northeasterly right of way line of
Commencing as a point of reference at Fengler St.; Thence southeasterly
the intersection of the centerline of E. along the extension of said northeaster-
12t°Street and the westerly right of way ly right of way line crossing Kerper
of Elm Street extended southeasterly, Blvd. to a point of intersection with the
in the City of Dubuque, Dubuque Coun- westerly line of Lot 1A of Block 7 River
ty, lowa, said point being the point of Front Subdivision No. 3, said point be-
beginning; Thence northwesterly along ing on the easterly right of way line of
said westerly right of way line of Elm Kerper Blvd.; Thence southeasterly
Street and extension thereof to a point along said easterly right of way line to a
of intersection with the northerly right of point of intersection with the northerly
way line of E. Fifteenth Street; Thence right of way line of E. 16t° Street;
northeasterly along said northerly right Thence southeasterly crossing E. 16�n
of way line to a point of intersection Street to a point of intersedion of the
with the westerly right of way line of a south right of way line of E. 16t° St. and
public alley lying between Pine Street the east right of way line of Kerper
and Maple Street; Thence northwester- Blvd.; Thence northeasterly along the
ly along said westerly right of way line southerly right of way line of E. 16t° St.
to the northeast corner of the North 35 to a point of intersection with the west-
feet of Lot 255 in East Dubuque Addi- erly shore of Peosta Channel; Thence
tion # 2; Thence southwesterly along southeasterly continuing along the
the northwesterly line of said Lot to a westerly shore of Mississippi River ad-
point of intersection with the easterly jacent to the following: Kerper Blvd.,
right of way line of Pine Street; Thence River Front Subdivision No. 2, Part of
northwesterly along said easterly right Government Lot 3, Section 19, T89N,
of way line and extension thereof to the R3E, 5t° P.M., Parts of Congressional
northerly right of way line of E. 16t° Lot 8 in Sedion 19, T89N, R3E, 5�n
Street; Thence northeasterly along said P.M., Dubuque Harbor Improvement
northerly right of way line to the south- Company's Addition, and River Front
west corner of Lot 1 of Kerper Industrial Subdivision No. 1, to a point of inter-
Park; Thence northwesterly and con- sedion with the northerly line of Ice
tinuing northeasterly along the westerly Harbor Urban Renewal Subarea B, de-
Book 147 Regular Session June 5, 2017 256
scribed as "that area generally bound- line of U.S. Highways 61 and 151 with
ed on the north and west by the Chica- the easterly right of way line of Kerper
go, Central and Pacific Railroad right- Boulevard in the City of Dubuque,
of-way, on the south by the northerly Dubuque County, lowa, said point be-
boundary of Subarea A and on the east ing the point of beginning; Thence
by the municipal limits of the City of northwesterly along the easterly right of
Dubuque including any adjoining public way line of Kerper Boulevard to a point
right-of-way; Thence northwesterly and of intersection with the northeasterly
continuing southwesterly along the nor- right of way line of Fengler Street ex-
therly and westerly sides of Ice Harbor tended; Thence northwesterly along
Urban Renewal Distrid Subarea B to a said line crossing Kerper Boulevard
point of intersection with the southerly right of way to the southerly most cor-
right of way line of E. 4t° street; Thence ner of Lot 1, Block 19 River Front Sub-
southwesterly along said southerly right division No. 3; Thence southeasterly
of way line to a point of intersection crossing Fengler Street right of way to
with the centerline of U.S. Highways the northeast corner of Lot 3 of River
61/151; Thence northeasterly along Front Subdivision No. 4, said point be-
said centerline to a point of intersection ing a point of intersection of the south-
with the centerline of E. 12t° Street; westerly right of way line of Fengler
Thence southwesterly along said cen- Street with the westerly right of way line
terline to a point of intersection with the of Kerper Boulevard; Thence continu-
westerly right of way line of Elm St. ex- ing southeasterly along said westerly
tended, said point being the point of right of way line of Kerper Boulevard to
beginning; 6ccepting therefrom, the the northeast corner of Lot 3 of Kerper
East 7t°Street Subarea. Industrial Park; Thence westerly and
(q) East 7t° Street Subarea of the northwesterly along to north line of said
district shall include the following de- Lot 3 to a point of intersection with the
scribed properties: Block 13 Lot 1 of westerly line of Kerper Industrial Park;
Lot 4, Lot 1 of Lot 5, Lot 1 of Lot 6, and Thence northeasterly along said west-
Lots 7, 8, 9, 10, 11, 12, 13 and 14; and erly line to the northwest corner of
Block 16 Lots 1, 2, 3, 4 and 5; and Kerper Industrial Park; Thence south-
Block 17 Lots A, B, C, D, E, F, Lots 1, easterly along the northerly line of
2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, Kerper Industrial Park to the southwest
and 15, Lot 1 of Lot 16, Lot 1 of Lot 1 of corner of Lot 1 of Lot 2 of Lot 20 of
Lot 17, Lot 2 of Lot 1 of Lot 18, Lot 2 of Jaeger's Subdivision, said point being
Lot 20, Lot 2 of Lot 21, Lot 2 of Lot 22, on the southeasterly right of way line of
Lot 2 of Lot 23, Lot 2 of Lot 24, Lot 2 of Peosta Street; Thence northeasterly
Lot 25, Lot 2 of Lot 26, Lot 2 of Lot 27, along said right of way line to a point of
Lot 3 of Lot 28, Lot 3 of Lot 29,Lot 3 of intersection with the southerly line of
Lot 30, Lot 3 of Lot 31, Lot 3 of Lot 32, Lot 2 of Giese Subdivision; Thence
all in the Dubuque Harbor Improvement southwesterly along said southerly line
Co.'s Addition, Township 89 North, to the southeast corner of Lot 2 of 19 of
Range 3 East of the 5t° P.M., Dubuque Jaeger's Subdivision; Thence north-
County, lowa and any adjoining public easterly along the easterly line of said
right-of-way. Lot 2 of 19 to the northeast corner of
(r) Chaplain Schmitt Subarea of the said Lot 2 of 19, said point also being
district shall include the following de- on the westerly boundary of Block 19 of
scribed properties: All of that part of the River Front Subdivision No. 3; Thence
City of Dubuque lying easterly of the northeasterly along said westerly
Peosta Channel also known as Chap- boundary to the northwest corner of
lain Schmitt Island and the area lying Block 18, River Front Subdivision No.
east of the easterly right of way line of 3; Thence continuing northeasterly
Kerper Boulevard between the center- along the westerly boundary of Block
line of U.S. Highway 61/151 and the 18 and Block 17 of River Front Subdivi-
southerly right of way line of E. 16t° sion No. 3 to a point of intersection with
Street in Sections 17, 18, 19 and 20, the southwesterly corner of Lot 1 of
T89N, R3E, 5t° P.M. in the City of part of Lot 8 in McCraney's First Addi-
Dubuque, Dubuque County, lowa. tion; Thence continuing northeasterly
(s) North Kerper Boulevard of the along the westerly lines of Lot 1 of part
district shall include that area generally of Lot 8, Lot 1 of part of Lot 7, Lot 1 of
bounded by the following description: Lot 2 of part of Lot 6, Lot 1 of part of
Commencing as a point of reference at Lot 6, Lot 1 of part of Lot 5, Lot 1 of
the point of intersection of the center- part of Lot 4, Lot 1 of part of Lot 3, Lot
Book 147 Regular Session, June 5, 2017 257
1 of part of Lot 2, the East 25 feet of Street; Thence southwesterly and
part of vacated Marshall St., and Lot 2 northwesterly along said right of way
of Lot 2 of Lot 1 all in McCraney's First line of Lake Street to a point of inter-
Addition to the southwest corner of Lot sedion with the southerly right of way
1 of Lot 2 of part of Lot 115 in Ham's line of Harbor Street; Thence south-
Addition; Thence northeasterly along westerly along said Harbor Street right
the westerly lines of Lot 1 of Lot 2 of of way line to the northeast corner of
part of Lot 115 and Lot 1 of part of Lot Lot 1 Block 4 River Front Subdivision
114 all in Ham's Addition to the most No. 3; Thence southeasterly along the
westerly corner of Lot 1 of Bradley northeasterly line of said Lot 1 and con-
Place; Thence northeasterly along the tinuing along the northeasterly line of
westerly lines of Lot 1 and Lot 2 of Lot 1 Block 3 of River Front Subdivision
Bradley Place to the most westerly cor- No. 3 to the most easterly corner
ner of Lot 1 Block 15 of River Front thereof; Thence southwesterly along
Subdivision No. 3; Thence northeaster- the southeasterly line of said Lot 1
ly along the northwesterly line of said Block 3 to the easterly most corner of
Lot 1 Block 15 and continuing along the Block 1 of River Front Subdivision No.
northwesterly line of Lot 2 of said Block 5; Thence southwesterly along the
15 to the most westerly corner of Lot 2 southeasterly line of said Block 1 River
of In-Futuro Subdivision No. 1; Thence Front Subdivision No. 5 to the northerly
continuing northeasterly along the right of way line of Hamilton Street Ex-
northwesterly line of In-Futuro Subdivi- tension; Thence southwesterly crossing
sion No. 1 and continuing along the Hamilton Street Extension right of way
northwesterly line of Lots 1 and 2 of to the easterly most corner of Lot 2 of 3
Reidl Place to the southwest corner of of 1 Block 5 River Front Subdivision
Lot 1 of Block 14 of River Front Subdi- No. 3; Thence continuing southwesterly
vision No. 3; Thence northeasterly along the original easterly boundary
along the northwesterly line of said line of Blocks 5, 6 and 7 of River Front
Block 14 to the most westerly corner of Subdivision No. 3, to the southerly
Block 13 of River Front Subdivision No. most corner of Lot 2 of said Block 7,
3; Thence continuing northeasterly said point being the northeast corner of
along the northwesterly line of Blocks Lake Peosta Subdivision; Thence
13, 12, 11, 10 and 9 to the northerly southerly along the easterly line of
most corner of Lot 1 Block 9 River Lake Peosta Subdivision to a point of
Front Subdivision No. 3; Thence con- intersection with the centerline of U.S.
tinuing northeasterly along the north- Highways 61 and 151; Thence south-
westerly line of Lot 2 and Lot 2A, Block westerly along said centerline to a point
9 River Front Subdivision No. 3 to the of intersection with the easterly right of
northerly most corner of said Lot 2A; way line of Kerper Boulevard, said
Thence southeasterly along the north- point of being the point of beginning;
easterly line of said Lot 2A to the Excepting therefrom the Quebecor
northeast corner of said lot; Thence Economic Development District de-
southwesterly along the southeasterly scribed as Lot 1 of McGraw-Hill, Key
line of said Lot 2A to the most westerly City Plating Replat in the City of Dubu-
corner of Lot 178 of Ham's Addition; que, Dubuque County, lowa, and any
Thence southeasterly along the south- adjoining public rights of way.
westerly lines of Lots 178 and 59 of (t) Quebecor Subarea of the district
Ham's Addition to the southerly most shall include the following described
corner of said Lot 59, said point also properties: Lot 1 of McGraw-Hill, Key
being the point of intersection of the City Plating Replat in the City of Dubu-
northeasterly right of way line of Far- que, Dubuque County, lowa, and any
ragut Street with the northwesterly right adjoining public rights of way.
of way line of Kerper Boulevard; (u) Harrison Street Subarea of the
Thence northeasterly along said Kerper district shall include the following de-
Boulevard right of way line and exten- scribed properties: Lot 1 and Lot 2 of
sion thereof to a point of intersection Harrison Street Place No. 2, Lot 1 and
with the northeasterly right of way line Lot 2 of Harrison Street Place No. 4,
of Hawthorne Street; Thence south- and Lot 1 of Harrison Street Place No.
easterly along the northeasterly and 5 all in the City of Dubuque, Dubuque
easterly right of way line of Hawthorne County, lowa and any adjoining public
Street and Hawthorne Street Extension rights of way.
to a point of intersection with the (v) Holy Ghost Subarea of the dis-
southwesterly right of way line of Lake trict shall include the following de-
Book 147 Regular Session June 5, 2017 258
scribed properties: Lot 1 of 1 and 2 of 1 66 in Cox's Addition; thence southerly
of Paragon Square in the City of Dubu- along the west line of said Lot 66 to a
que, Dubuque County, lowa; and also point of intersection with the northerly
including the public right of way of Cen- line of Lot 11 in Buettel's Subdivision;
tral Avenue abutting thereto; and thence west along the north line of Lot
Lot 1, Lot 2, Lot 1 of 3, Lot 2 of 3, 11, Lot 2-10 and Lot 1-10 of Buettel's
and Lot 4 all of "Dunn's Subdivision"; Subdivision to a point of intersection
and Lot 2 of Lot 1 of Lot 2 of Lot 1 of with the easterly right of way line of
Lot 18 of"John King's Dubuque"; in the Foye Street; thence southerly along
City of Dubuque, lowa; and said easterly right of way line to the
A part of Central Avenue right of Point of Beginning.
way described as follows: (x) North End Subarea of the district
Commencing at the southeasterly shall include the following described
corner of Lot 2-1 of Paragon Square; properties:
thence southeasterly along the westerly Beginning at the intersection of the
right of way line of Central Avenue a easterly right of way line of Elm Street
distance of approximately 2,655 feet to and the northerly right of way line of
the northeasterly corner of Lot 1 of Lot East 25t° Street; thence northerly along
1 of Lot 1 of the East Half of Lot 14 in the easterly right of way line of Elm
John King's Dubuque; thence north- Street to the southerly right of way line
easterly crossing Central Avenue to a of East 26t° Street; thence northerly
point of intersection with the easterly across the East 26t° Street right of way
right of way line of Central Avenue and to the southw�st corner of Lot 283 of
the northerly right of way line of East Glendale Addition No. 3; thence north-
25t° Street; thence northwesterly along westerly along the westerly lines of
the easterly right of way line of Central Lots 283 to 294, inclusive, of Glendale
Avenue approximately 2,673 feet to a Addition No. 3 to the southerly right of
point of intersection with said easterly way line of East 27t° Street; thence nor-
right of way line and the easterly exten- therly across the East 27�° Street right
sion of the south line of Lot 2-1 of of way to the southwest corner of Lot
Paragon Square; thence southwesterly 210 of Glendale Addition; thence
crossing Central Avenue to the Point of northwesterly along the westerly lines
Beginning. of Lots 210 to 221, inclusive, of Glen-
(w) Almond Street Subarea of the dale Addition to the southerly right of
district shall include the following de- way of East 28t° Street; thence norther-
scribed properties: Commencing at the ly across the East 28t° Street right of
intersection of the easterly right of way way to the southwest corner of Lot 134
of Foye Street and the southerly right of of Glendale Addition No. 2; thence
way line of the public alley lying be- northwesterly along the westerly lines
tween Almond Street and West Locust of Lots 134 to 140, inclusive, of Glen-
Street; thence easterly along said dale Addition No. 2, and Lots 1, 2, and
southerly right of way line to a point of 3 of Glendale Addition No. 4, and Lot
intersection with the westerly right of 145 Glendale Addition No. 2 to the
way line of Ellis Street; thence north- southerly right of way line of East 29�n
westerly along said w�sterly right of Street; thence northerly across the East
way line to the northeast corner of Lot 29�°Street right of way to the southwest
53 in Cox's Addition; thence northerly corner of Lot 61 of Glendale Addition;
along the east line of that part of the thence northwesterly along the westerly
vacated alley adjacent to Lots 53 and lines of Lots 61 to 72, inclusive, of
54 in Cox's Addition approximately 20 Glendale Addition to the southerly right
feet to the northeasterly corner thereof; of way line of East 30[h Street; thence
thence westerly along the north line of northerly across the East 30�° Street
said vacated alley adjacent to said Lots right of way to the to the southeast cor-
53 and 54 approximately 78 feet to the ner of a Part of Lot 8 of Mineral Lot 322
northwest corner thereof; thence as shown on the Final Plat of Liebe's
southerly along the west line of said Subdivision No. 3, also being a point on
vacated alley adjacent to said Lots 53 the westerly line of Lot 1-2-1 of Becker
and 54 approximately 20 feet to the Place, also being a point on the nor-
southwest corner thereof and the therly right of way of East 30t° Street;
northeasterly corner of Lot 55 in Cox's thence southw�sterly along the norther-
addition; thence easterly along the ly right of way of East 30t° Street to a
north line of Lots 55 thru 66 in Cox's point on the easterly right of way of
addition to the northwest corner of Lot Central Avenue; thence southeasterly
Book 147 Regular Session, June 5, 2017 259
along the easterly right of way line of of Gerald Scherrer Subdivision to the
Central Avenue to the northerly line of northeast corner of Lot 6 of Gerald
East 25t° Street; thence northeasterly Scherrer Subdivision and a point on the
along the northerly line of East 25t° westerly right of way line of Broadway
Street to the point of beginning; and Street; thence northwesterly along the
Beginning at the intersection of the westerly right of way line of Broadway
northerly right of way line of Diagonal Street to the westerly extension of the
Street and the westerly right of way line northerly right of way line of Diagonal
of Central Avenue; thence southerly Street; thence southeasterly along said
along the westerly right of way line of right of way and extension to the point
Central Avenue to the northeast corner of beginning; and
of Lot 1 of Lot 1 of Lot 1 of the East Lot 1-239 of Davis Farm Addition
Half of Lot 14 in John King's Dubuque; and Lot 1-1-5 of Kiene &Altman's Sub-
thence southwesterly along the norther- division; and
ly line of said Lot 1 of Lot 1 of Lot 1 of Lots 1-4&2-1-5 of Kiene&Altmans
the East Half of Lot 14 of John King's Subdivision; and
Dubuque to the northwest corner Lot 1-2 And 13 of Kiene & Altmans
thereof, thence southeasterly along the Subdivision; and
west line of said Lot 1 of Lot 1 of Lot 1 Lot 1-1 of Kiene & Altman's Subdi-
of the East Half of Lot 14 of John King's vision; and
Dubuque to the southwest corner Lot 1-1-1-241 of Davis Farm Addi-
thereof; thence southwesterly along the tion; and
southerly line of the East Half of John Lot 2-1-1-241 & Lot 1-242 of Davis
King's Dubuque to the southwest cor- Farm Addition; and
ner thereof; thence southeasterly along Lot 1-243 of Davis Farm Addition;
the east lines of the West Half of Lots and
12, 10, and Northwest Quarter of 8 of Lot 1-1-244 of Davis Farm Addition;
John King's Dubuque to the southeast and
corner of the Northwest Quarter of Lot The South 26' of Lot 245 Davis
8 of John King's Dubuque; thence Farm Addition; and
northeasterly along the northerly line of The North 34' of Lot 245 Davis
Lot 2 of the East 329.98' of the South- Farm Addition; and
west Half of Lot 8 of John King's Dubu- The East 1/2 of Lot 246 Davis Farm
que to the northeast corner of said lot; Addition; and
thence southeasterly along the easterly The West 1/2 of Lot 246 Davis
line of said lot to the southeast corner Farm Addition; and
of said lot; thence southwesterly along Lot 247 of Davis Farm Addition; and
the southerly line of said lot to the Lot 248 of Davis Farm Addition; and
northeast corner of Lot 2 of Lot 6 of Lot 249 of Davis Farm Addition; and
John King's Dubuque; thence south- The East 1/2 of Lot 250 of Davis
easterly along the easterly lines of Lot Farm Addition; and
2 of Lot 6 and Lot 3 of Lot 6 of John The West 1/2 of Lot 250 of Davis
King's Dubuque to the southeast corner Farm Addition; and
of said Lot 3 of Lot 6; thence north- Lot 251 and the South 1/2 of Lot
easterly along the southerly line of the 252, of Davis Farm Addition; and
Lot 6 of John King's Dubuque to the Lot 253 and the North 1/2 of Lot
easterly right of way line of Division 252, of Davis Farm Addition; and
Street; thence southeasterly along the Lot 254 of Davis Farm Addition; and
easterly line of Division Street and its Lot 255 of Davis Farm Addition; and
southerly extension to the southerly The South 1/2 of Lot 256 of Davis
right of way line of West 24t° Street; Farm Addition; and
thence southwesterly along the south- The South 31.3' of the North 1/2 of
erly right of way line of West 24t° Street Lot 256 of Davis Farm Addition; and
to the easterly right of way line of Carr The North 28.7' of the North 1/2 of
Street; thence southeasterly along the Lot 256 of Davis Farm Addition; and
easterly right of way line of Carr Street Lot 257 of Davis Farm Addition; and
to the easterly extension of the north Lot 258 of Davis Farm Addition; and
line of Lot 2 of Brewery Addition; Lot 259 of Davis Farm Addition; and
thence southwesterly along the norther- Lot 260 of Davis Farm Addition; and
ly line of Lot 2 of Brewery Addition to Lot 261 of Davis Farm Addition; and
the southeast corner of Lot 6 of Gerald Lot 262 of Davis Farm Addition; and
Scherrer Subdivision; thence north- The South 23.5' of The East 112' of
westerly along the easterly line of Lot 6 Lot 263 of Davis Farm Addition; and
Book 147 Regular Session June 5, 2017 260
The East 114' of the North 36'6" of Avenue and lying south of the northerly
Lot 263 of Davis Farm Addition, and al- extension of the westerly line of Lot 2-
so including the Public Right of Way of 1-1-1-1-2-1 of Mineral Lot 256; and
West 28th Street abutting thereto; and All that part of the University Ave-
The North 36.5' and South 23.5' of nue right of way lying east of the
the West 114' of Lot 263 of Davis Farm southerly extension of the west line of
Addition, and also including the Public Lot 1-137 of Finley Waples and Burton
Right of Way of West 28th Street abut- Addition, and lying west of the souther-
ting thereto; and ly extension of the westerly line of Lot 2
Lot 2-265 of Davis Farm Addition, of Lot 12 of Central Addition; and
and also including the Public Right of All that part of the 9th Street right of
Way of West 28th Street abutting there- way lying south of the centerline of 9th
to; and Street, lying east of the southerly ex-
Lot 1-265 of Davis Farm Addition, tension of the westerly line of Lot 2 of
and also including the Public Right of Lot 12 of Central Addition, and lying
Way of West 28th Street abutting there- west of the northerly extension of the
to; and westerly line of Lot 1 of the Subdivision
Lot 2-1 of G R WesYs Addition and of City Lot 688 and Part of City Lot 654;
Lot 1-266 of Davis Farm Addition; and and
Lot 2-1-1 of G R WesYs Addition; All that part of the Finley Street right
and of way lying south of the southerly right
Lot 1-1-1 of G R Wests Addition of way line of University Avenue and ly-
and Lot 2-266 of Davis Farm Addition; ing north of the westerly extension of
and the south line of the Northwest 95' of
The South 39'6" of Lot 2 of G R Lot 19 of Finley Waples and Burton
WesYs Dubuque; and Addition; and;
The North 20.5' of Lot 2 & and the All that part of the Asbury Road
South 3' of Lot 3 of G R WesYs Addi- right of way lying north of the northerly
tion; and right of way line of University Avenue
Lot 2 of the North 57' of Lot 3 of G and lying south of the easterly exten-
R Wests Addition; and sion of the southerly line of the East
Lot 1 of the North 57' of Lot 3 of G 100' feet of Lot 159 of Finley Addition;
R WesYs Addition; and and
Lot 4 of G.R.West Addition; and All that part of the Irving Street right
Lot 2 of Paragon Square; and of way lying north of the northerly right
Lot 23 and 2-4 McDaniel's Park of way line of University Avenue and ly-
Hill, and Lots 8 and 1-9 of G.R. WesYs ing south of the easterly extension of
Addition; and the northerly line of Lot 2 of Lot 2 of Lot
Lot 2-9 of G R WesYs Addition; and 1 of Lot 1 of lot 1 of Lot 14 of Mineral
Lots 10, the West 310' of the North Lot 172; and
65' of Lot 2 -11, and the South 55' of All that part of the Loras Boulevard
Lot 2-11, all in G R WesYs Addition; right of way lying east of the northerly
and right of way line of University Avenue
Lot 1 of 11 and the East 20' of the and lying west of a line connecting the
North 65' of Lot 2 of G R WesYs Addi- northeast corner of Lot 2-3-13 of Min-
tion; and eral Lot 172 and the southeast corner
All that part of the Central Avenue of Lot 1-249 of Woodlawn Park Addi-
right of way lying south of the northerly tion; and
right of way line of West 30th Street All that part of the Delhi Street right
and north of the easterly extension of of way lying south of the southerly right
the northerly line of Lot 1 of 1 of Para- of way line of University Avenue and ly-
gon Square; and ing north of the southerly extension of
All that part of the West 30th Street the easterly line of Lot 2-1 of Schwind's
right of way lying west of the easterly Place; and
right of way line of Central Avenue. All that part of the North Grandview
All in the City of Dubuque, Dubuque Avenue right of way lying south of the
County, lowa. easterly extension of the south line of
(y) University Avenue Corridor Lot 7 of Tschirgi and Schwind's Subdi-
Subarea of the distrid shall include the vision and lying north of the northerly
following described properties: right of way line of University Avenue;
All that part of the Pennsylvania and
Avenue right of way lying north of the All that part of the North Grandview
northerly right of way line of University Avenue right of way lying south of the
Book 147 Regular Session, June 5, 2017 261
southerly right of way line of University (z) West Locust Corridor Subarea
Avenue and lying north of a line parallel of the district shall include the following
to and 150' south of the southerly right described properties:
of way line of University Avenue; and All that part of the West Locust
All that part of the McCormick Street right of way lying east of the
Street right of way lying south of the southerly extension of the westerly line
southerly right of way line of University of Lot 2-1-1-1-1-2 of Clarke College
Avenue and lying north of the easterly Place and lying west of the northerly
extension of the south line of Lot 1 of extension of the easterly right of way
HerbsYs Subdivision; and line of Pierce Street; and
Lot 1-137 of Finley Waples & Bur- All that part of the Pierce Street
ton's Addition; and right of way lying south of the southerly
Lot 1-136 and 2-137 of Finley right of way line of West Locust Street
Waples&Burton's Addition; and and lying north of the easterly exten-
Lot 1-232 of Finley Addition; and sion of Lot 1 of Lot 1 of Connolly's
Lot 229 of Finley Addition; and Subdivision; and
Lot 130 of Finley Waples& Burton's All that part of the Kirkwnod Street
Addition; and right of way lying south of the southerly
Lot 131 of Finley Waples& Burton's right of way line of West Locust Street
Addition; and and lying north of the northerly exten-
Lot 132 of Finley Waples& Burton's sion of the west line of Lot 5 of Union
Addition; and Avenue Subdivision; and
Lot 133 of Finley Waples& Burton's All that part of the right of way of
Addition; and the alley lying adjacent to and east of
The Northwest 95' of Lot 19 of Fin- Kingdom Hall Place and Lot 1 of the
Iey Waples&Burton's Addition; and West 1074' of Lot 64 in Littleton and
The North 95' of Lot 18 of Finley Sawyer's Addition, lying north of the
Waples&Burton's Addition; and northerly right of way of West Locust
Lot 17 of Finley Waples & Burton's Street and lying south of the easterly
Addition; and extension of the northerly line of Lot 1of
The Northwest 25' of Lot 2 of Finley the West 1074' of Lot 64 in Littleton
Addition, and all adjacent Alley right of and Sawyer's addition; and
way; and All that part of the Rosedale Ave-
The Southeast 41' of Lot 2 in Finley nue right of way lying south of the
Addition, and all adjacent Alley right of southerly line of West Locust Street
way; and and lying north of the easterly exten-
Lot 1-1 and 2-1in Finley Addition, sion of the southerly line of Lot 42 of
and all adjacent Alley right of way; and Wm. Blake's Addition; and
Lot 1 of Mineral Lot 170, and all ad- All that part of the right of way of
jacent Alley right of way; and the alley lying adjacent to and east of
Lot 4, 13, 23, 2-2 and 1-2, all in Lot 2-12B of Wood's Addition, lying
Mineral Lot 170 and all adjacent Alley south of the easterly right of way of
right of way; and Rosedale Avenue and lying north of the
Lot 5 and Lot 2-6 of Mineral Lot easterly extension of the southerly line
170; and of said Lot 2-12B; and
Lot 1-6 and 2-7 of Mineral Lot 170 All that part of the Alta Vista Street
and Lot 2-2-1-1-1-14 of Mineral Lot right of way lying south of Lot 24D of A.
172; and P. Wood's Addition and lying north of
The West 2' of Lot 1 of the Subdivi- the easterly extension of the southerly
sion of Lot 13 of Mineral Lot 172 and line of Lot 20 of A. P. Wood's Addition;
Lot 2-13 of Mineral Lot 172 and Lot 2 and
Mabel's Subdivision; and All that part of the Williams Street
The East 58' of Lot 1 of Lot 13 of right of way lying east of the easterly
Mineral Lot 172, and Lot 2 of Lot 3-13 right of way line of Alta Vista Street and
of Mineral Lot 172, and Lot 2A of Lot 1- lying west of westerly right of way line
4-13 of Mineral Lot 172; and of Blake Street; and
Lot 2-8 of City Lot 703 and Lot 2-2- All that part of the north half of the
9 of City Lot 703; and Bellevue Street right of way lying east
Lot 1 of HerbsYs Subdivision; and of the easterly right of way line of Alta
Lot 1-1 and Lot 2-1 of Schwind's Vista Street and lying west of the west-
Place. erly right of way line of Blake Street;
All in the City of Dubuque, Dubuque and
County, lowa. All that part of the Blake Street right
Book 147 Regular Session June 5, 2017 262
of way lying south of the southerly right Lot 2 of Lot 43 of Wm. Blake's Addi-
of way line of West Locust Street and tion; and
lying north of the westerly extension of Lot 2 of Lot 44 of Wm. Blake's Addi-
the centerline of Vacated Bellevue tion; and
Street adjacent to Lot 90 in A. P. Lot 2 of Lot 45 of Wm. Blake's Addi-
Woods Addition; and tion; and
Lot 5 and East 10' of Lot 4 Ellen Lot 2 of Lot 46 of Wm. Blake's Sub-
Blake's Subdivision; and division; and
The South150' of the West 40' of Lot 2 of Lot 12B of Wood's Addition;
Lot 4 Ellen Blake's Subdivision; and and
The North 170' of the West 40' of Lots 20, 21, and 22 of A. P. Wood's
Lot 4 Ellen Blake's Subdivision; and Addition; and
Lot 3 of Ellen Blake's Subdivision; Lot 23 of A. P. Wood's Addition;
and and
Lot 2 of Ellen Blake's Subdivision; Lot 2-24 and 2-24A of A. P. Wood's
and Addition; and
Lot 1 of Ellen Blake's Subdivision; Lot 24D of A. P. Wood's Addition;
and and
The East 235' of Lot 64 of Littleton Lot 24C of A. P. Wood's Addition;
& Sawyer's and Lot 2 of Mineral Lot and
93A and the Balance of Lot 2 of Mineral Lots 24B to 36B, inclusive, of A. P.
Lot 95; and Wood's Addition; and
All of Kingdom Hall Place; and Lots 25A to 36A, inclusive, of A. P.
Lot 1 of the West 1074' of Lot 64 of Wood's Addition; and
Littleton &Sawyer's Addition; and The North 40' of Vacated Williams
Lot 2-1-1-1 and Lot 1-2-1-1 of Wm. Street in A. P.Wood's Addition; and
Blake's Addition, and Lot 2 & Lot 2-1 of Lots 25 to 36, inclusive, of A. P.
Part of Mineral Lot 184; and Wood's Addition; and
Lot 1-1-1-1 and Lot 2-2-1-1 of Wm. Lots 6 to 10, inclusive, and the
Blake's Addition; and North 1/2 and South 1/2 of Lot 5, all of
Lot 2 and Lot 2-1 of Wm. Blake's Lot 98A of A. P. Wood's Addition; and
Addition; and Lot 4-98A of Wood's Addition; and
Lots 13 and Lot 2-4 of Wm. Blake's Lot 3-98A of A. P. Wood's Addition;
Addition; and and
Lot 2-3 and 1-4 of Wm. Blake's Ad- Lot 2-98A of A. P. Wood's Addition;
dition; and and
Lots 5 to 19, inclusive, of Wm. Lot 1-98A of A. P. Wood's Addition;
Blake's Addition; and and
Lots 2-11, 2-12, and the East 30' of Lots 90 to 98, inclusive, in A. P.
Lot 2-10 in Southview Heights, also Wood's Addition, and the northerly'/�of
Lots 20, 21 and the East 30' of Lot 22 Vacated Bellevue Street abutting said
of Wm. Blake's Addition; and lots 90 to 98, in A.P. Wood's Addition;
The West 70' of Lot 22 of Wm. and
Blake's Addition and Lot 2-9 and the Part of the North '/� of Vacated
West 20' of Lot 2-10 of Southview Bellevue Street Lying South of
Heights; and McGrath's Subdivision Southeast '/a
Lot 1-23 of Wm. Blake's Addition Northeast '/a Section 23, T89N, R2E in
and Lots 2-2-7 and 1-2-8 of Southview the City of Dubuque; and
Heights; and Part of Vacated Bellevue Street ly-
Lots 2-23 and the East 50'of Lot 24 ing between McGrath's Subdivision and
of Wm. Blake's Addition and Lots 2-6, Kirkwood Place in the City of Dubuque;
1-2-7, and 2-2-8 of Southview Heights; and
and Lot 1 and Lot 2-2 of McGrath's
The West 50' of Lot 24 of Wm. Subdivision; and
Blake's Addition and Lot 2-5 of South- Lots 3 and 4 and Lot 1-2, all in
view Heights; and McGrath's Subdivision; and
Lot 25 of Wm. Blake's Addition; and Lot 5 of McGrath's Subdivision; and
Lot 26 Wm. Blake's Addition; and Lot 6 of McGrath's Subdivision; and
Lot 27 of Wm. Blake's Addition and Lot 1 of Mineral Lot 95; and
Lot 2-1-1-1-1-2 of Clarke College Lot 9 of McGrath's Subdivision; and
Place; and Lots 7 and 8 of McGrath's Subdivi-
Lots 29 to 42, inclusive, of Wm. sion; and
Blake's Addition; and Lot 10 of McGrath's Subdivision;
Book 147 Regular Session, June 5, 2017 263
and the westerly right of way of Jackson
Lots 2 to 5, inclusive, of Union Ave- Street to the point of beginning.
nue Subdivision#2; and (bb) 15t° Street Subarea of the
Lot 1 of Union Avenue Subdivision district shall include that area gen-
#2 and Lot 2 of Mosher's Subdivision; erally bounded by the following de-
and scription: Beginning at the intersec-
Lot 13, 1-2, and 1-1 of Connolly's tion of the northerly right of way line
Subdivision, and Lot 1 of Part of City of East 15t° Street and the easterly
Lot 711. right of way line of Elm Street in the
All in the City of Dubuque, Dubuque City of Dubuque, Dubuque County,
County, lowa. lowa;
(aa) Dubuque Brewing and Thence northeasterly along the
Malting Subarea of the distrid shall northerly right of way line of East
include the following described 15t° Street to a point of intersection
properties: with the westerly right of way line of
Beginning at the intersection of a public alley lying between Pine
the northerly right of way line of Street and Maple Street; Thence
East 30t° Street and the westerly northwesterly along said westerly
right of way line of Jackson Street; right of way line to the northeast
thence northeasterly along the nor- corner of the North 35 feet of Lot
therly right of way line of East 30t° 255 in East Dubuque Addition # 2;
Street to the southeast corner of a Thence southw�sterly along the
Part of Lot 8 of Mineral Lot 322 as northwesterly line of said Lot to a
shown on the Final Plat of Liebe's point of intersection with the easter-
Subdivision No. 3, also being a ly right of way line of Pine Street;
point on the westerly line of Lot 1-2- Thence northwesterly along said
1 of Becker Place, thence north- easterly right of way line to the
westerly along the easterly lines of southerly right of way line of E. 16�n
Part of Lot 8 and Part of Lot 7 as Street; Thence southwesterly along
shown on the Final Plat of Liebe's said southerly right of way line to a
Subdivision, Lot 1-6 of Mineral Lot point of intersection with the easter-
322, and Lot 4A of Mineral Lot 322 ly right of way line of Elm Street;
and its northerly extension to a Thence southeasterly along said
point on the northerly right of way easterly right of way line to a point
line of East 32od Street; thence of intersection with the northerly
southwesterly along the northerly right of way line of E. 15t° Street,
right of way line of East 32od Street said point being the point of begin-
to the w�sterly right of way line of ning.
Jackson Street; thence southeast- (cc) Lower Kaufmann Subarea
erly along the westerly right of way of the district shall include the fol-
line of Jackson Street to the wester- lowing described properties:
ly extension of the northerly line of All that part of the Public Alley
Lot 2 of Liebe's Subdivision No. 2; right of way between Francis Street,
thence northeasterly along said nor- Central Avenue, Kaufmann Avenue,
therly line and westerly extension to and West 23rd Street lying north of
the northeast corner of said Lot 2; the north right of way line of Kauf-
thence southeasterly along the mann Avenue and south of the
easterly line of Lots 1 and 2 of easterly extension of the south line
Liebe's Subdivision No. 2 to the of the North Half of Lot 19 in Tivoli
southeast corner of Lot 1 of Liebe's Addition; and
Subdivision No. 2; thence south- Lots 4, 5, 6, 7, and 8, all in the
easterly across Liebe Street right of Subdivision of Lot 20 and the
way to the northeast corner of Lot 1 South1/2 of Lot 19 Tivoli Addition;
of Liebe's Subdivision No. 1; thence and
southeasterly along the easterly Lot 3 of the Subdivision of Lot
lines of Lots 1 and 2 of Liebe's 20 and of South 1/2 of Lot 19 Tivoli
Subdivision No. 1 to the southeast Addition; and
corner of Lot 2 of Liebe's Subdivi- Lot 2 of the Subdivision of Lot
sion No. 1; thence southwesterly 20 and of South 1/2 of Lot 19 Tivoli
along the southerly line of said Lot Addition; and
2 and its westerly extension to the All that part of the Francis Street
westerly right of way of Jackson right of way lying north of the north
Street; thence southeasterly along right of way line of Kaufmann Ave-
Book 147 Regular Session June 5, 2017 264
nue and south of the easterly ex- 3 and 4 of Lot 135 L H Langwor-
tension of the north line of Lot 2-21 thy's Addition; and
in Tivoli Addition; and The South 60' of Lot 7 Cush-
Lot 1-21 Tivoli Addition; and ing's Subdivision; and
Lot 2-21 Tivoli Addition; and Lot 8 and the East 7 1/2' of Lot
All that part of the Public Alley 9 Cushing's Subdivision; and
right of way adjacent to Lot 38 of The West 22 1/2' of Lot 9 and
Tivoli Addition lying north of the nor- the East 15' of Lot 10 Cushing's
therly right of way line of Kaufmann Subdivision; and
Avenue and lying south of the east- The West 15' of Lot 10 and the
erly extension of the north line of East 22'6" of Lot 11 Cushing's Sub-
said Lot 38; and division; and
Lot 38 Tivoli Addition; and Lot 12 and the West 7 1/2' of
Lot 39 Tivoli Addition; and Lot 11 Cushing's Subdivision; and
Lot 1-40 Tivoli Addition; and Lot 13 Cushing's Subdivision;
All that part of the Valeria Street and
right of way lying north of the nor- Lot 14 Cushing's Subdivision;
therly right of way line of Kaufmann and
Avenue and south of the easterly Lot 15 Cushing's Subdivision;
extension of the north line of Lot 1- and
1-1-1 in Weland's Subdivision; and Lot 6 C. Klingenberg's 3rd Addi-
Lot 1-1-1-1 and Lot 2-2-2 We- tion; and
land's Subdivision; and All that part of the Cushing
Lot 2-1-1 Weland's Subdivision; Place right of way lying north of the
and northerly right of way line of Kauf-
Lot 2-1 and Lot 1-2-2 of Subdi- mann Avenue and lying south of the
vision of Lots 129, 131, 131A & westerly extension of the north line
135A L H Langworthy's Addition of Lot 6 in C. Klingenberg's Third
aka Weland's Subdivision; and Addition; and
Lot 2-2A & Lot 1-2 Weland's Lot 2-141 L H Langwnrthy's Ad-
Subdivision; and dition and Lot 4 C. Klingenberg's
Lot 1-2A Weland's Subdivision; 3rd Addition; and
and Lot 2-143 and Lot 2-1-1-1-143 L
Lot 3 Weland's Subdivision; and H Langworthy's Addition; and
Lot 3A Weland's Subdivision; The East '/� of Lot 3-143 & Lot
and 2-2-1-1-143 L H Langworthy's Addi-
The East 27' of Lot 4 Weland's tion; and
Subdivision; and The West 1/2 of Lot 3-143 L H
The West 35' of Lot 4 Weland's Langworthy's Addition; and
Subdivision; and Lot 4-143 L H Langwnrthy's Ad-
Lot 5 Weland's Subdivision; and dition; and
Lot 5 of the Subdivision of Lots Lot 5-143, Lot 2-2-1-1-East 3/4-
3 & 4 of Lot 135 L H Langworthy's 145A, and Lot 2-2-2-1-1-1-East3/4-
Addition; and 145A L H Langworthy's Addition;
All of the Private Driveway and
known as Fuller Place Abutting Lots Lot 1 Janice Place on Kaufman
2, 3, 4& 5 of the Sub. of Lots 3 &4 Avenue; and
of Lot 135 L H Langworthy's Addi- Lot 2 Janice Place on Kaufmann
tion East 50'1 and West 1/2-2 all of Avenue; and
Lot 135 LH Langworthy's Addition; Lot 1-1-West 1/4 of Lot 145A L
and H Langworthy's Addition; and
Lot 2 of the Subdivision of Lots Lot 1 Herbst Place#2; and
3 and 4 of Lot 135 L H Langwor- Lot 2-1-13-145 and the South
thy's Addition; and 192.60' of the West Part of Lot 1-2-
The Middle 37' of Lot 7 Cush- 145 L H Langworthy's Addition; and
ing's Subdivision; and Lot 3 of the Lot 1-1-13-145 and 2-2-1-147
Subdivision of Lots 3 and 4 of Lot and Lot 2-2-2-147 L H Langworthy's
135 L H Langworthy's Addition; and Addition; and
The North 38' of Lot 7 Cushing's The East 34' of Lot 1-2-2-147
Addition; and Lot 4 of the Subdivi- and the East 34' of Lot 2-2-1-1-147
sion of Lots 3 and 4 of Lot 135 L H L H Langwnrthy's Addition; and
Langworthy's Addition; and The West 28' of Lot 1-2-2 of 147
Lot 1 of the Subdivision of Lots L H Langwnrthy's Addition; and
Book 147 Regular Session, June 5, 2017 265
The West 28' of Lot 2-2-1-1-147 and
L H Langwnrthy's Addition; and Lot 4 Springgreen Subdivision;
Lot 2-1-2-147 and Lot 1-2-1-1- and
147 L H Langworthy's Addition; and Lot 3 Springgreen Subdivision;
The East 1/2 of Lot 1-1-2-147 and
and Lot 2-1-1-1-147 L H Langwnr- All that part of the Kane Street
thy's Addition; and right of way lying north of the nor-
Lot 1-1-1-1-147 and the West therly right of way line of Kaufmann
1/2 of Lot 1-1-2-147 L H Langwnr- Avenue and lying south of the
thy's Addition; and westerly extension of the north line
All of Cornelia Place; and of Lot 3 in Springgreen Subdivision;
Lot 2 of the West 1/2 of Lot 148 and
L H Langwnrthy's Addition; and Lot 1 Kieffer Place; and
Lot 2-1 of the West 1/2 of Lot Lot 2-1 and Lot A of Vogt Place;
148 L H Langworthy's Addition; and and
Lot 1-1 of the West 1/2 of Lot All that part of the Kaufmann
148 L H Langworthy's Addition; and Avenue right of way lying south and
All that part of the Valeria Street east of the southerly extension of
right of way lying east of the easter- the west line of Lot 2-1 of Vogt
ly right of way line of Kaufmann Av- Place and lying north and west of
enue and west of the northerly ex- the southerly extension of the west-
tension of the easterly line of Lot 1- erly line of Lot1 of Tivoli Addition;
1 of the West Half of Lot 148 in L H and
Langworthy's Addition; and Lot 158A L H Langworthy's Ad-
Lot 1-149 L H Langwnrthy's Ad- dition; and
dition and Lot 2-1-5 and Part of 2-5 Lot 154 L H Langworthy's Addi-
of Mineral Lot 316; and tion; and
Lot 2-149 L H Langwnrthy's Ad- Lot 154A L H Langworthy's Ad-
dition; and dition; and
The Southerly 50' of the South Lot 2-1-153 L H Langwnrthy's
100'-Lot 151 L H Langworthy's Ad- Addition; and
dition; and Lot 1-1-153 L H Langwnrthy's
The North 50' of the South 100' Addition; and
of Lot 151 L H Langwnrthy's Addi- Lot 2-153 and the North 27' of
tion; and Lot 2-1-153A L H Langworthy's Ad-
The Southerly 61' of the Nor- dition; and
therly 71' of Lot 151 L H Langwor- The South 50' of Lot 2-1-153A L
thy's Addition; and H Langworthy's Addition; and
The Northerly 10' the Northerly Lot 2-2-153A L H Langwnrthy's
71' of Lot 151 and the Southerly 50' Addition; and
of the Southerly 100' of Lot 155 L H Lot 1-2-152 and Lot 1-2-153A L
Langworthy's Addition; and H Langworthy's Addition; and
The Northerly 50' of the South- Lot 1-2-2-152 L H Langwnrthy's
erly 100' of Lot 155 L H Langwor- Addition; and
thy's Addition; and Lot 2-2-2-152 L H Langwnrthy's
Lot 2 of the Subdivision of the Addition; and
Southwesterly 100' of the North- The NW 4' of Lot 2 of Lot 150
westerly 92' of Lot 155 L H Lang- and Lot 1-152 L H Langwnrthy's
worthy's Addition; and Addition; and
Lot 1 of the Subdivision of the The East 88.5' of Lot 2 of the
Southwesterly 100' of the North- Subdivision of Lot 150 L H Lang-
westerly 92' of Lot 155 L H Lang- worthy's Addition; and
worthy's Addition; and Lot 6 of the Subdivision of Lot
All that part of the Greenfield 150A and of Lot 1 of Lot 150 L H
Street right of way lying east of the Langworthy's Addition; and
easterly right of way line of Kauf- Lot 1-5 of the Subdivision of Lot
mann Avenue and lying west of the 150A and of Lot 1 of Lot 150 L H
southerly extension of the westerly Langworthy's Addition; and
line of Lot 1-7 in Springgreen Sub- All that part of the Hempstead
division; and Street right of way lying south of the
Lot 6 and Lot 2-7 Springgreen southerly right of way line of Kauf-
Subdivision; and mann Avenue and lying north of the
Lot 5 Springgreen Subdivision; northerly right of way line of Lowell
Book 147 Regular Session June 5, 2017 266
Street; and Lot 136 L H Langwnrthy's Addition;
Lot 1-1-3-146 and 146A and Lot and
1-1-23-146 and 146A Of L H The balance of the Easterly Half
Langworthy's Addition; and of the Westerly Half of Lot 136 L H
Lot 1 of Lot 2 of Lots 146 and Langworthy's Addition; and
Lot 146A L H Langworthy's Addi- Lot 2 of Lot 1, and Lot 2, both of
tion; and the East 1/2 of Lot 136 L H Lang-
Lot 1-1-1-151 Mechanic's Addi- worthy's Addition; and
tion; and The balance of Lot 1 of Lot 1 of
Lot 1 of the Subdivision of Lot 1 the East 1/2 of Lot 136 L H Lang-
of Lots 146 and Lot 146A in L H worthy's Addition; and
Langworthy's Addition and Lot 2 of The balance of Lot 7 Siege
the Subdivision of Lot 2 of Lots 146 Subdivision; and
and Lot 146A L H Langworthy's and The West 1/2 of Lot 6 Siege
Lot 2-of the Subdivision of Lot 1 of Subdivision; and
Lot 1 of Lot 151 Mechanics Addi- The East 1/2 of Lot 6 Siege
tion; and Subdivision; and
Lot 2 of Lot 1 of the Subdivision The West 1/2 of Lot 5 Siege
of Lots 146 and Lot 146A L H Subdivision; and
Langworthy's Addition and Lot 2 of The East 1/2 of Lot 5 Siege
Lot 1 of Lot 151 Mechanic's Addi- Subdivision; and
tion; and Lot 4 Siege Subdivision; and
Lots 152, 153 and Lot 2-151 Lot 3 Siege Subdivision; and;
Mechanic's Addition; and Lot 2 Siege Subdivision; and
Lot 154 and the West 42' 4" of Lot 1-1 Siege Subdivision; and
Lot 155 Mechanic's Addition; and All that part of the Kleine Street
All of the Public Alley right of right of way lying south of the
way between Lots 155 and 156 in southerly line of Kaufmann Avenue
Mechanic's Addition; and and lying north of the easterly ex-
Lot 156 Mechanic's Addition; tension of the south line of Lot 1-2
and in Seiges Subdivision; and
Lot 157, 158 and 159 Mechan- Lot 1-63 Marsh's Addition; and
ic's Addition; and Lot 2-63 Marsh's Addition; and
Lot 9 and Lot 1-10 of Lots 138, Lots 338 and 438 Marsh's Ad-
140, and 142 of L H Langworthy's dition; and
Addition; and Lot 2-38 Marsh's Addition; and
Lot 1-8 of Lots 138, 140, & 142 Lot 1-38 Marsh's Addition; and
L H Langwnrthy's Addition; and All that part of the North Main
The West 20' of Lot 6, the West Street right of way lying south of the
One Half of Lot 7 except the East 5 southerly line of Kaufmann Avenue
feet thereof, and Lot 2 of Lot 8, all and lying north of the westerly ex-
of the Subdivision of Lots 138, 140, tension of the south line of Lot 37 in
and 142 L H Langwnrthy's Addition; Marsh's Addition; and
and Lot 37 Marsh's Addition; and
The East 30' of Lot 7, and the Lot 36 Marsh's Addition; and
East 5' of Lot 6, and Lot 5, all of the Lot 35 Marsh's Addition; and
Subdivision of Lots 138, 140, and Lot 34 Marsh's Addition; and
142 L H Langworthy's; and Lot 33 Marsh's Addition; and
Lot 4-138, 4-140, and 4-142 L H Lot 32 Marsh's Addition; and
Langworthy's Addition; and The North 95' of Lot 31 Marsh's
Lot 3-138, 3-140, and 3-142 L H Addition; and
Langworthy's Addition; and The North 95' of Lot 1 Marsh's
Lot 2-138, 2-140 and 2-142 L H Addition
Langworthy's Addition; and All that part of the Heeb Street
Lot 1 of the Subdivision of Lot 1 right of way lying south of the
and the balance of Lot 2 of the southerly line of Kaufmann Avenue
Subdivision of Lot 1, both of the and lying north of the easterly ex-
Subdivision of Lots 138, 140 and tension of the southerly line of Lot
142 L H Langworthy's Addition; and 12 of Marsh's Addition; and
The North 296' of the West 1/4 The South 40' of Lot 1, the
of Lot 136 L H Langwnrthy's Addi- North 5' of Lot 2, and the South 40'
tion; and of Lot 31 Marsh's Addition; and
The South 50' of the West 1/4 of The South 45' of Lot 2 Marsh's
Book 147 Regular Session, June 5, 2017 267
Addition; and Lot 76 Mechanic's Addition; and
Lot 3 Marsh's Addition; and Lot 75 Mechanic's Addition; and
Lot 4 Marsh's Addition; and All that part of the Montcrest
Lot 5 Marsh's Addition; and Street right of way lying west of the
The North 40' of Lot 6 Marsh's westerly right of way line of Hemp-
Addition; and stead Street and lying east of the
Lot 12, Lot 11, Lot 10, and the northeasterly extension of the
South 30' of Lot 9, and the East 60' westerly line of Lot 75 in Mechan-
of the North 20' of Lot 9, and the ic's Addition; and
West 125' of the North 20' of Lot 9, Lot 1-73 and 1-74 Mechanic's
Lot 8, Lot 7 and the South 10'of Lot Addition; and
6, all In Marsh's Addition; and Lot 1-2 of the Subdivision of Lot
Lot 62 Marsh's Addition; and 150A and Lot 1-150 L H Langwnr-
Lot 2-1 Siege Subdivision; and thy's Addition; and
Lot 1-2-23 of the Subdivision of Lot 13 of the Subdivision of Lot
Lots 146 and 146A L H Langwor- 150A and Lot 1-150 L H Langwnr-
thy's Addition; and thy's Addition; and
Lots 1-2-150, 1-2-2-150, and 1- Lot 1-1 of the Subdivision of Lot
150 Mechanic's Addition; and 150A and Lot 1-150 L H Langwnr-
Lot 1 Runde Place; and thy's Addition; and
Lot 2 Runde Place; and Lot 1-4 of the Subdivision of Lot
All that part of the Napier Street 150A and Lot 1-150 L H Langwnr-
right of way lying east of the easter- thy's Addition.
ly right of way line of Hempstead All in the City of Dubuque, lowa
Street and lying west of the norther- (dd) Amended Project Area
ly extension of the east line of Lot shall mean the areas of the City of
125 in Mechanic's Addition; and Dubuque, lowa included within the
Lot 125 Mechanic's Addition; Town Clock Subarea, the Old Main
and Subarea, the Town Clock 6cpan-
Lot 124 Mechanic's Addition; sion Subarea, the Upper Main Sub-
and area, the Ice Harbor Subarea A, the
Lot 123 Mechanic's Addition; Ice Harbor Subarea B, the Ice Har-
and bor Subarea C, the Warehouse
All that part of the Public Alley Subarea, the South Main Subarea,
right of way between Lots 119, 120, the South Port Subarea, the Cable
121, 122 and 123 in Mechanic's Car Subarea, the Bluff Street Sub-
Addition lying east of the easterly area, the South Bluff Street Subar-
right of way line of Hempstead ea, the Kerper Boulevard Subarea,
Street and lying west of the south- the Washington Neighborhood
erly extension of the east line of Lot Subarea, the Industrial Harbor
123 in Mechanic's Addition; and Subarea, the East 7t° Street Subar-
Lot 2-121 and 2-122 Mechanic's ea, the Chaplain Schmitt Subarea,
Addition; and the North Kerper Subarea, the
Lot 1-121 and 1-122 Mechanic's Quebecor Subarea, the Harrison
Addition; and Street Subarea, the Holy Ghost
Lots 83 and 84 Pleasant View Subarea, the Almond Street Subar-
Addition; and ea, the North End Subarea, the
The East 35' of Lot 85 Pleasant University Avenue Corridor Subar-
ViewAddition; and ea, the West Locust Corridor Sub-
Lots 80, 81, and 82 Pleasant area, the Brewing and Malting Sub-
ViewAddition; and area, the 15th Street Subarea, and
All that part of the Public Alley the Lower Kaufmann Subarea each
right of way between Lots 80, 81, as described in this Sedion.
82, 83, 84, and 85 in Pleasant View (ee) Urban Renewal Plan shall
Addition lying west of the westerly mean the Amended and Restated
right of way line of Hempstead Urban Renewal Plan for the Greater
Street and lying east of the norther- Downtown Urban Renewal District,
ly extension of the East 35' of Lot approved by Resolution No. 205-17
85 in Pleasant Valley Addition; and on June 5, 2017 as the same may
Lot 79 and 79A Mechanic's Ad- be amended from time to time.
dition; and Sedion 2: The taxes levied on the taxable
Lot 78 Mechanic's Addition; and property in the Amended Project Area, legally
Lot 77 Mechanic's Addition; and described in Sedion 1 hereof, by and for the
Book 147 Regular Session June 5, 2017 268
benefit of the State of lowa, City of Dubuque, base period taxes shall be computed in
County of Dubuque, Dubuque Community the same manner using the total as-
School Distrid, and all other taxing distrids sessed value shown on the assess-
from and after the effective date of this Ordi- ment roll as of January 1, 1999, being
nance shall be divided as hereinafter in this the assessment roll as of January 1 of
Ordinance provided. the calendar year preceding the effec-
Sedion 3:Taxes. tive date of Ordinance No. 97-00.
(a) As to the Town Clock Subarea, (g) As to the Ice Harbor Subarea C,
that portion of the taxes which wnuld be base period taxes shall be computed in
produced by the rate at which the tax is the same manner using the total as-
levied each year by or for each of the sessed value shown on the assess-
taxing districts taxing property in the ment roll as of January 1, 2006, being
Town Clock Subarea upon the total the assessment roll as of January 1 of
sum of the assessed value of the taxa- the calendar year preceding the effec-
ble property in the Town Clock Subarea tive date of Ordinance No. 20-07.
as shown on the assessment roll as of (h) As to the Warehouse Subarea,
January 1, 1966, being the assessment base period taxes shall be computed in
roll last equalized prior to the date of the same manner using the total as-
the initial adoption of the Urban Re- sessed value shown on the assess-
newal Plan for the Downtown Dubuque ment roll as of January 1, 2006, being
Urban Renewal Projed, lowa R-15, the first day of the calendar year pre-
shall be allocated to and when collect- ceding the effedive date of Ordinance
ed be paid into the fund for the respec- No. 63-07.
tive taxing district as taxes by or for (i) As to the South Main Subarea,
said taxing district into which all other base period taxes shall be computed in
property taxes are paid. The taxes so the same manner using the total as-
determined shall be referred herein as sessed value shown on the assess-
the "base period taxes" for such Sub- ment roll as of January 1, 2006, being
area. the first day of the calendar year pre-
(b) As to the Old Main Subarea, ceding the effedive date of Ordinance
base period taxes shall be computed in No. 63-07.
the same manner using the total as- Q) As to the South Port Subarea,
sessed value shown on the assess- base period taxes shall be computed in
ment roll as of January 1, 1993, being the same manner using the total as-
the assessment roll as of January 1 of sessed value shown on the assess-
the calendar year preceding the effec- ment roll as of January 1, 2007, being
tive date of Ordinance No. 23-94. the first day of the calendar year pre-
(c) As to the Town Clock Expansion ceding the effedive date of Ordinance
Subarea, base period taxes shall be No. 60-08.
computed in the same manner using (k) As to the Cable Car Subarea,
the total assessed value shown on the base period taxes shall be computed in
assessment roll as of January 1, 1996, the same manner using the total as-
being the assessment roll as of Janu- sessed value shown on the assess-
ary 1 of the calendar year preceding ment roll as of January 1, 2008, being
the effective date of Ordinance No. 67- the first day of the calendar year pre-
97. ceding the effedive date of Ordinance
(d) As to the Upper Main Subarea, 58-09.
base period taxes shall be computed in (I) As to the Bluff Street Subarea,
the same manner using the total as- base period taxes shall be computed in
sessed value shown on the assess- the same manner using the total as-
ment roll as of January 1, 2001, being sessed value shown on the assess-
the assessment roll as of January 1 of inent roll as of January 1, 2009, being
the calendar year preceding the effec- the first day of the calendar year pre-
tive date of Ordinance No. 26-02. ceding the effedive date of Ordinance
(e) As to the Ice Harbor Subarea A, 51-10.
base period taxes shall be computed in (m) As to the South Bluff Street
the same manner using the total as- Subarea, base period taxes shall be
sessed value shown on the assess- computed in the same manner using
ment roll as of January 1, 1988, being the total assessed value shown on the
the assessment roll as of January 1 of assessment roll as of January 1, 2010,
the calendar year preceding the effec- being the first day of the calendar year
tive date of Ordinance No. 66-89. preceding the effective date of Ordi-
(� As to the Ice Harbor Subarea B, nance 33-11.
Book 147 Regular Session, June 5, 2017 269
(n) As to the Kerper Boulevard 60-12.
Subarea, base period taxes shall be (v) As to the Holy Ghost Subarea,
computed in the same manner using base period taxes shall be computed in
the total assessed value shown on the the same manner, using the total as-
assessment roll as of January 1, 1993, sessed value shown on the assess-
being the first day of the calendar year ment roll as of January 1, 2013, being
preceding the effective date of Ordi- the first day of the calendar year pre-
nance 43-94. ceding the effedive date of Ordinance
(o) As to the Washington Neighbor- 45-14.
hood Subarea, base period taxes shall (w) As to the Almond Street Subar-
be computed in the same manner using ea, base period taxes shall be comput-
the total assessed value shown on the ed in the same manner, using the total
assessment roll as of January 1, 2010, assessed value shown on the assess-
being the first day of the calendar year ment roll as of January 1, 2013, being
preceding the effective date of Ordi- the first day of the calendar year pre-
nance 33-11. ceding the effedive date of Ordinance
(p) As to the Industrial Harbor Sub- 45-14.
area, base period taxes shall be com- (x) As to the North End Subarea,
puted in the same manner using the to- base period taxes shall be computed in
tal assessed value shown on the as- the same manner, using the total as-
sessment roll as of January 1, 2010, sessed value shown on the assess-
being the first day of the calendar year ment roll as of January 1, 2015, being
preceding the effective date of Ordi- the first day of the calendar year pre-
nance 33-11. ceding the effective date of this Ordi-
(q) As to the East 7t° Street Subar- nance.
ea, base period taxes shall be comput- (y) As to the University Avenue Cor-
ed in the same manner using the total ridor Subarea, base period taxes shall
assessed value shown on the assess- be computed in the same manner, us-
ment roll as of January 1, 1996, being ing the total assessed value shown on
the first day of the calendar year pre- the assessment roll as of January 1,
ceding the effedive date of Ordinance 2015, being the first day of the calendar
64-97. year preceding the effective date of this
(r) As to the Chaplain Schmitt Sub- Ordinance.
area, base period taxes shall be com- (z) As to the West Locust Corridor
puted in the same manner using the to- Subarea, base period taxes shall be
tal assessed value shown on the as- computed in the same manner, using
sessment roll as of January 1, 2010, the total assessed value shown on the
being the first day of the calendar year assessment roll as of January 1, 2015,
preceding the effective date of Ordi- being the first day of the calendar year
nance 33-11. preceding the effedive date of this Or-
(s) As to the North Kerper Subarea, dinance.
base period taxes shall be computed in (aa) As to the Brewing and Malt-
the same manner using the total as- ing Subarea, base period taxes
sessed value shown on the assess- shall be computed in the same
ment roll as of January 1, 2011, being manner, using the total assessed
the first day of the calendar year pre- value shown on the assessment roll
ceding the effedive date of Ordinance as of January 1, 2007, being the
60-12. first day of the calendar year pre-
(t) As to the Quebecor Subarea, ceding the effedive date of Ordi-
base period taxes shall be computed in nance 61-08.
the same manner using the total as- (bb) As to the 15t° Street Subar-
sessed value shown on the assess- ea, base period taxes shall be
ment roll as of January 1, 2001, being computed in the same manner, us-
the first day of the calendar year pre- ing the total assessed value shown
ceding the effective date of Ordinance on the assessment roll as of Janu-
88-02. ary 1, 2016, being the first day of
(u) As to the Harrison Street Subar- the calendar year preceding the ef-
ea, base period taxes shall be comput- fective date of Ordinance 6-17 and
ed in the same manner, using the total 6-17-A.
assessed value shown on the assess- (cc) As to the Lower Kaufmann
ment roll as of January 1, 2011, being Subarea, base period taxes shall be
the first day of the calendar year pre- computed in the same manner, us-
ceding the effective date of Ordinance ing the total assessed value shown
Book 147 Regular Session June 5, 2017 270
on the assessment roll as of Janu- Ordinance No. 6-17 and 6-17-A, as previously
ary 1, 2016, being the first day of amended, and to fully implement the division
the calendar year preceding the ef- of taxes in the Lower Kaufmann Subarea. In
fective date of Ordinance 26-17. the event that any provision of this Ordinance
Section 4: That portion of the taxes each shall be determined to be contrary to law it
year in excess of the base period taxes for the shall not affed other provisions or application
Amended Project Area, determined for each of this Ordinance which shall at all times be
Subarea thereof as provided in Section 3 of construed to fully invoke the provisions of Sec-
this Ordinance, shall be allocated to and when tion 403.19 of the Code of lowa with reference
collected be paid into the special tax increment to the Amended Project Area and the territory
fund previously established by the City of contained therein.
Dubuque to pay the principal of and interest on Sedion 8: This Ordinance shall be in effect
loans, monies advanced to, or indebtedness, after its final passage, approval and publica-
whether funded, refunded, assumed or other- tion as provided by law.
wise, including bonds issued under authority of Passed and approved this 5t° day of June,
Sedion 403.9 or Sedion 403.12 of the Code of 2017.
lowa, incurred by the City of Dubuque, lowa to Roy D. Buol, Mayor
finance or refinance, in whole or in part, urban Attest: Kevin S. Firnstahl, City Clerk
renewal projects undertaken within the Read first time: June 5, 2017
Amended Project Area pursuant to the Urban Passed and approved: June 5, 2017
Renewal Plan, except that taxes for the regular Summary published: June 9, 2017
and voter-approved physical plant and equip-
ment levy of a school district imposed pursuant 9. Code of Ordinances Amendment - Title
to Section 298.2 of the Code of lowa and taxes 13 Placement of Containers for Collection: City
for the instructional support program of a Manager recommending approval of an
school district imposed pursuant to Section amendment to the City of Dubuque Code of
257.19 (but in each case only to the extent Ordinances Section 13-6A-4, Placement of
required under Section 403.19(2)), taxes for Containers for Collection, which would allow
the payment of bonds and interest of each placement of solid waste and recycling at the
taxing district, and taxes imposed under Sec- curb up to 24 hours before a scheduled collec-
tion 34627(22) related to joint county-city tion, and removal of the solid waste containers
buildings shall be colleded against all taxable and recycling containers within 24 hours after
property within the Amended Project Area a scheduled collection. Motion by Lynch to
without any limitation as hereinabove provided. receive and file the documents and that the
Section 5: Unless or until the total as- requirement that a proposed ordinance be
sessed valuation of the taxable property in the considered and voted on for passage at hnro
Subareas of the Amended Project Area ex- Council meetings prior to the meeting at which
ceeds the total assessed value of the taxable it is to be passed be suspended. Seconded by
property in said Subareas shown by the as- Seconded by Del Toro. Motion carried 7-0.
sessment rolls referred to in Section 3 of this Motion by Lynch for final consideration and
Ordinance, all of the taxes levied and collected passage of Ordinance No. 27-17 Amending
upon the taxable property in the Amended City of Dubuque Code of Ordinances Title 13
Projed Area shall be paid into the funds for the Public Utilities, Chapter 6, Solid Waste, Article
respedive taxing districts as taues by or for the A City or Private Collection Service, Section
taxing districts in the same manner as all other 13-6A-4 Placement of Containers for Collec-
propertytaxes. tion. Seconded by Connors. Motion carried 7-
Section 6: At such time as the loans, mon- 0.
ies advanced, bonds and interestthereon and
indebtedness of the City of Dubuque referred OFFICIAL PUBLICATION
to in Section 4 hereof have been paid, all mon- ORDINANCE NO. 27-17
ies thereafter received from taxes upon the AMENDING CITY OF DUBUQUE CODE OF
taxable property in the Amended Project Area ORDINANCES TITLE 13 PUBLIC UTILITIES,
shall be paid into the funds for the respective CHAPTER 6 SOLID WASTE, ARTICLE A
taxing districts in the same manner as taxes CITY OR PRIVATE COLLECTION SERVICE,
on all other property. SECTION 13-6A-4 PLACEMENT OF CON-
Sedion 7: All ordinances or parts of ordi- TAINERS FOR COLLECTION
nances in conflict with the provisions of this Sedion 1. Section 13-6A-4 of the City of
Ordinance are hereby repealed. The provi- Dubuque Code of Ordinances is amended to
sions of this Ordinance are intended and shall read as follows:
be construed so as to continue the division of 13-6A-4: PLACEMENT OF CONTAINERS
taxes from property within the Amended Pro- FOR COLLECTION:
ject Area under the provisions of Section A. Alleys: Where collections are made
403.19 of the Code of lowa, as authorized in from alleys, solid waste containers shall be
Book 147 Regular Session, June 5, 2017 271
placed in one location for each dwelling, in mal Control, Article B Dogs and Cats, Sections
clear view and at the owner's property line 7-6B-1 Definitions, 7-6B-2 Licensing; Tags and
abutting the alley and on the days desig- Fees, 7-6B3 Keeping Cats or pogs on Unoc-
nated in said schedule. cupied Residential Property Prohibited, 7-6B-4
B. Streets: Where collections are made Harboring Vicious Dog or Cat, 7-6B-10 Im-
from the street, solid waste containers shall poundment, Redemption and Disposition of
be placed in one location for each dwelling, Unclaimed Animals; Article C Rabies Control,
in clear view and in the street right of way Sections 7-6C-1 Vaccination Required, 7-6C-2
on the owner's property side of the curb Confinement Authorized, 7-6C-3 Reporting
and on the days designated in said sched- Rabies; Notice to City Manager; Article D
ule. Such containers shall be placed so as Dangerous Animals, Sections 7-6D-1 Defini-
not to interfere with vehicular and pedestri- tions, Section 7-6D-4 Exceptions to Keeping
an traffic and when emptied shall be and Licensing Restrictions; Article E Potential-
promptly removed by the owner. ly Vicious Dogs, Section 7-6E-2 Procedure for
C. Time Limit for Placement Of Con- Declaration of Potentially Vicious Dog; and
tainers On Streets: No person shall place Amending Title 7, Chapter 6 by Adding a New
solid waste or recycling at the street for Article F, Vicious Dogs and Cats
collection more than twenty four (24) hours Seconded by Connors. Motion carried 7-0.
before the scheduled collection day. No
person shall leave solid waste containers OFFICIAL PUBLICATION
or recycling containers at the street for ORDINANCE NO. 28-17
more than twenty-four (24) hours after the AMENDING CITY OF DUBUQUE CODE OF
scheduled collection day. ORDINANCES TITLE 7 POLICE, FIRE AND
D. Early Placement: All solid waste PUBLIC SAFETY, CHAPTER 6 ANIMAL
shall be placed at the designated collection CONTROL, ARTICLE B DOGS AND CATS,
location for city colledion by six o'clock
(6:00) A.M. on the scheduled collection
day.
E. Duty When Solid Waste Not Collect-
ed: Any solid waste not in compliance with
this chapter shall not be collected by the
city and shall be removed by the owner
within twenty-four (24) hours after the
scheduled colledion day and stored in
such a manner as not to create a health,
safety or fire hazard.
Sedion 2. This Ordinance takes effed on
publication.
Passed, approved, and adopted the 5t°day
of June, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published in the Telegraph Herald newspaper
on the 9t°day of June, 2017.
/s/Kevin S. Firnstahl, City Clerk
10. Code of Ordinances Amendment-Title
7 Animal Control: City Manager recommending
approval of changes to the Animal Control
Ordinance. that address enforcement and
trends for dealing with Animal Control issues
experienced over the past several years. Mo-
tion by Lynch 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 Connors. Motion carried
7-0.
Motion by Lynch for final consideration and
passage of Ordinance No. 28-17 Amending
City of Dubuque Code of Ordinances Title 7
Police, Fire and Public Safety, Chapter 6 Ani-
Book 147 Regular Session June 5, 2017 272
SECTIONS 7-6B-1 DEFINITIONS, 7-6B-2 KENNEL: Shall refer to a place or estab-
LICENSING; TAGS AND FEES, 7-6B-3 lishment where dogs or cats are kept or raised
KEEPING CATS OR DOGS ON UNOCCU- for the purpose of breeding, boarding, racing
PIED RESIDENTIAL PROPERTY PROHIBIT- at a licensed pari-mutuel track, exchanged or
ED, 7-6B4 HARBORING VICIOUS DOG OR offered for sale to the general public and which
CAT, 7-6B-10 IMPOUNDMENT, REDEMP- are kept under constant restraint.
TION AND DISPOSITION OF UNCLAIMED NEUTERED: Shall refer to a surgical pro-
ANIMALS; ARTICLE C RABIES CONTROL, cedure that has been performed on a dog or a
SECTIONS 7-6C-1 VACCINATION RE- cat that renders it incapable of siring or bear-
QUIRED, 7-6C-2 CONFINEMENT AUTHOR- ing offspring.
IZED, 7-6C-3 REPORTING RABIES; NOTICE NUISANCE: A dog or cat shall be consid-
TO CITY MANAGER; ARTICLE D DANGER- ered a nuisance if it:
OUS ANIMALS, SECTIONS 7-6D-1 DEFINI- A. Damages, soils, defiles or defecates
TIONS, SECTION 7-6D-4 EXCEPTIONS TO on private property other than the owner's
KEEPING AND LICENSING RESTRICTIONS; or keeper's or on public walks and recrea-
ARTICLE E POTENTIALLY VICIOUS DOGS, tion areas unless such waste is immediate-
SECTION 7-6E-2 PROCEDURE FOR DEC- ly removed and properly disposed of by the
LARATION OF POTENTIALLY VICIOUS owner or keeper.
DOG; AND AMENDING TITLE 7, CHAPTER B. Causes unsanitary, dangerous or of-
6 BY ADDING A NEW ARTICLE F, VICIOUS fensive conditions.
DOGS AND CATS C. Causes a disturbance by excessive
NOW, THEREFORE, BE IT ORDAINED barking or other noisemaking that can be
BY THE CITY COUNCIL OF THE CITY OF heard from a position in the public right of
DUBUQUE, IOWA: way.
Section 1. Section 7-6B-1 of the City of D. Chases vehicles, or molests, attacks
Dubuque Code of Ordinances is amended to or interferes with persons or other domes-
read as follows: tic animals off the premises of the owner or
7-6B-1: DEFINITIONS: keeper.
The following definitions shall apply in the OWNER: Any person owning a cat, dog, or
interpretation of this article: other animal.
AT LARGE: Includes any dog, cat or live- VICIOUS ANIMAL: A vicious cat or dog is
stock, fowi or ferret found off the premises of deemed so when it shall have attacked or bit-
the owner or keeper. A dog or cat shall not be ten any person on more than one occasion
deemed at large if the dog or cat is: without provocation or when an attack or bite
A. Attached to a leash of sufficient results in serious bodily injury.
strength and appropriate length to control Sedion 2. Section 7-6B-2 of the City of
the animal where such leash is held by its Dubuque Code of Ordinances is amended to
owner or keeper; or read as follows:
B. Restrained within an enclosed motor 7-6B-2: LICENSING; TAGS AND FEES:
vehicle or by crate or leash of sufficient A. License Required: No person shall
strength and appropriate length to keep the keep a dog or cat in the city unless such
dog or cat within the motor vehicle; or dog or cat is licensed by the city as provid-
C. Housed in a licensed veterinarian's ed in this article. This section shall not ap-
animal hospital; or ply to veterinary clinics and boarding facili-
D. Accompanied by the owner or keep- ties.
er on the premises of another with such B. Application For License: The owner
person's consent and restrained by an ad- or keeper shall make application for a li-
equate protective fence or by leash, cord, cense with the city manager. The applica-
chain or other similar restraint that does tion shall give the name, physical address,
not allow the dog or cat to go beyond such date of birth or social security number of
person's property line or to come into con- the owner or keeper, the sex and descrip-
tact with anyone outside such person's tion of the dog or cat, and if known, its
property line. breed and age. In the event of a change of
CAT: Both male and female animals in the ownership, the license holder shall notify
family Felis catus whether neutered or not. the city manager of such change. All dogs
DOG: Both male and female animals of the and cats shall be licensed by not later than
canine species whether neutered or not, but six (6) months of age. If an animal is older
not including a law enforcement dog. than six (6) months of age, the dog or cat
HEALTH CARE PROVIDER: A person who must be licensed within thirty (30) days of
is trained and licensed to give health care. ownership or residing in the city of Dubu-
KEEPER: Any person other than the owner que, whichever is first.
keeping, sheltering, having control or custody C. Dogs:
of or harboring an animal. 1. License Fee; Neutering:
Book 147 Regular Session, June 5, 2017 273
a. The license fee per calendar b. The applicant or licensee
year, or fraction thereof, for a dog shall furnish written proof from a li-
license shall be as established by censed veterinarian that surgical
the city manager. procedures have been performed
that render either male or female
dogs incapable of reproduction,
which may result in a reduced li-
censedfee.
2. Expiration; Renewal; Delinquent
Fee: All dog licenses issued under this
subsection shall expire one year from
the date the license was issued and
shall become delinquent thirty (30)
days after the license anniversary date.
A delinquent fee as established by the
city manager, shall be added to the re-
quired license fee for each delinquent
dog license.
D. Cats:
1. License Fee; Neutering:
a. The license fee per calendar
year, or fradion thereof, shall be as
established by the city manager.
b. The applicant or licensee
shall furnish written proof from a li-
censed veterinarian that surgical
procedures have been performed
that render either male or female
cats incapable of reproduction,
which may result in a reduced li-
censedfee.
2. Expiration; Renewal; Delinquent
Fees: All cat licenses issued under this
subsection shall expire one year from
the date the license was purchased
and shall become delinquent thirty (30)
days after the license anniversary date.
A delinquent fee as established by the
city manager shall be added to the re-
quired license fee for each delinquent
cat license.
E. Tags:
1. Tags Not Transferable: A license
issued for any dog or cat shall not be
transferred to another dog or cat.
2. Tags Attached to Collar Or Har-
ness: The owner or keeper of a dog or
cat, upon procurement of the license,
shall securely attach the license tag to
a collar or harness and this collar or
harness, with the tag attached, shall at
all times be kept on the dog or cat. Any
dog or cat found at large without a col-
lar or harness with license tag attached
shall be deemed unlicensed and shall
beimpounded.
F. Fee for Duplicate License: The fee
for a duplicate license for either a dog or
cat shall be as established by the city
manager.
G. Consent Implied From Application
And Receipt: The application for and the
receipt of a license as required in this sec-
Book 147 Regular Session June 5, 2017 274
tion shall include an implied consent by the the possession of any licensed dog or
owner or keeper to permit an inspection of cat seized or impounded pursuant to
both real and personal property under the this article may be obtained by the
owner's or keeper's control for the purpose owner or keeper by paying an im-
of carrying out the provisions of this article poundment fee as established by the
relating to the harborage of vicious animals city manager, together with the sepa-
or to the control of rabies outbreak or relat- rate daily fee for keeping such dog or
ing to the provisions of law relative to the cat each day or fraction thereof during
prohibition of cruelty to animals. the time that such dog or cat is im-
Sedion 3. Section 7-6B3 of the City of pounded. Upon the second subsequent
Dubuque Code of Ordinances is amended to impoundment of the same animal with-
read as follows: in three hundred sixty-five (365) days,
7-6B3: KEEPING DOMESTIC ANIMALS an impoundment fee as established by
ON UNOCCUPIED RESIDENTIAL PROPER- the city manager shall be assessed to-
TY OR IN DANGEROUS BUILDINGS PRO- gether with the separate daily fee for
HIBITED: keeping such dog or cat each day or
The owner or keeper of a dog or cat shall fraction thereof during the time which
not keep or allow the dog or cat to be kept on said dog or cat is impounded.
unoccupied property or in any building that 2. Upon proper identification the
meets the definition of a dangerous building as owner may redeem an unlicensed dog
set forth in section 143-2 of this Code. For or cat seized or impounded pursuant to
purposes of this provision, "unoccupied prop- this article after licensing the animal or
erty" shall include but is not limited to property agreeing to purchase a license within
that is not the primary residence of the owner ten (10) wnrking days. Failure to do so
or keeper or any other occupant. shall result in an additional fee as es-
Section 4. Section 7-6B-4 of the City of tablished by the city manager, added to
Dubuque Code of Ordinances is amended to the license fee.
read as follows: E. Disposition Of Unredeemed Dogs:
7-6B-4: HARBORING VICIOUS DOG OR 1. Licensed Dog: If the owner or
CAT: keeper of a licensed dog impounded
It shall be unlawful for any person or per- pursuant to this article does not redeem
sons to harbor or keep a vicious dog or cat such animal within seven (7) days after
within the city. The City may abate violations of the mailing of the notice provided for in
this section with penalties including, but not this article, the license shall automati-
limited to, euthanizing of the animal. cally be revoked and the animal dis-
Section 5. Section 7-6B-10 of the City of posed of as directed by the city man-
Dubuque Code of Ordinances is amended to ager.
read as follows: 2. Unlicensed Dog: Any unlicensed
7-6B-10: IMPOUNDMENT, REDEMPTION dog not redeemed by the owner within
AND DISPOSITION OF UNCLAIMED ANI- three (3) days after it has been seized
MALS: or impounded shall be disposed of as
A. Contract for Pound Or Shelter: The directed by the city manager.
city manager is hereby authorized to con- F. Disposition Of Unredeemed Cats:
tract from year to year with any pound or 1. Licensed Cat: If the owner or
animal shelter as defined by section 162.2 keeper of a licensed cat impounded
of the code of lowa for carrying out the pursuant to this article does not redeem
provisions of this article including the col- such animal within five (5) days after
lection, protection and disposition of dogs, the mailing of the notice provided for in
cats and other animals and the collection this article, the license shall automati-
of fees for licensing and care of seized and cally be revoked and the animal dis-
impounded dogs and cats. posed of as directed by the city man-
B. Impoundment: Any unlicensed dog ager.
or cat except kennel dogs or cats and any 2. Unlicensed Cat: Any unlicensed
licensed dog or cat found at large shall be cat not redeemed by the owner within
subject to seizure and impoundment in a three (3) days after it has been seized
place provided by the city. or impounded shall be disposed of as
C. Notice To Owners Of Licensed Dogs directed by the city manager.
Or Cats:Whenever any licensed dog or cat Sedion 6. Sedion 7-6C-1 of the City of
has been seized or impounded pursuant to Dubuque Code of Ordinances is amended to
this article, notice of such adion shall be read as follows:
given as provided in this article. 7-6C-1: VACCINATION REQUIRED:
D. Redemption: A. Dogs And Cats; Schedule: It shall be
1. 6ccept as otherwise provided, unlawful for the owner or keeper of any
Book 147 Regular Session, June 5, 2017 275
domesticated species of dog or cat to keep curred at the expense of the owner or
or maintain such animal unless the dog or keeper of the animal.
cat shall be vaccinated against rabies by a B. Quarantine Of Animal Bitten By Rab-
licensed veterinarian with a vaccine ap- id Animal: Any animal bitten or attacked by
proved by the lowa department of agricul- any known rabid animal shall be quaran-
ture and administered in accordance with tined under direction of the health officer by
the following schedule: being confined and in quarantine as pro-
'�,� Class of '�, Age at Primary ; Booster� -�'�, vided above for a minimum of ninety (90)
� Animal__ ��� Vacanation_________________ ���� days.
�------ '--------- -
��, Dogs ��, 6 months ��, 1 year later, tri- ��, C. Application for Home Quarantine;
�'�, �'�, �'�, enniallythereaf- �'�, Conditions: The owner or keeper of any
_ ter dog or cat or other animal which has bitten
6 months
Cats � -' Annually or 1 �� a person may apply to the city manager to
year later, trien- '� have the animal released for the purpose
r-------
___________ __nially thereafter__; of home quarantine. Home quarantine may
� Note: � be permitted at the city manager's sole
1. Approved 3-year vaccine may be discretion. If the city manager allows home
substituted. confinement, all of the following conditions
B. Ferrets; Schedule: It shall be unlaw- must be met, including but not limited to:
ful for the owner or keeper of any ferret to 1. The animal must have a current
keep or maintain such animal unless the rabies vaccination. The vaccination cer-
ferret shall be vaccinated against rabies by tification must bear the description of
a licensed veterinarian with a vaccine li- the animal, the type of vaccine used,
censed for the use in ferrets and adminis- the expiration of the vaccination, and
tered in accordance with the following the signature of the veterinarian admin-
schedule: istering the vaccination.
��, Class of ��f Age at Primary ��, Booster �� 2. The animal must have a current
�'�� Animal__�Vaccination_______�________j city license, if the animal is six (6)
, Ferret C�In ctroated Nervous T ssueallnact months of age or older.
`--- - - ----- i_ 3. The animal must not have been
vated nervous tissue vaccine may only be running at large at the time of the bite.
used in accordance with the rules of the 4. The animal has not previously
lowa state department of agriculture. bitten any person.
D. Certificate Required: A copy of the 5. Prior to approval of home quar-
official rabies vaccination certificate ap- antine, the owner or keeper must have
proved by the lowa state department of ag- the animal examined by a veterinarian,
riculture shall be a condition precedent to licensed in the state of lowa, who shall
the issuance of any license authorized by certify that the animal appears to be
this article. free of rabies or any other zoonosis.
E. Veterinarian Furnish Copies: Each Such examination and certification
veterinarian within the city limits shall for- must be repeated on the tenth day.
ward to the city manager by no later than 6. The owner or keeper must
the tenth of each month a copy of each of- demonstrate to the satisfaction of the
ficial rabies vaccination certificate, with the city manager that the owner or keeper
owner's or keeper's address, issued by the has the proper facilities and the ability
veterinarian during the preceding month. to adequately and properly confine the
Section 7. Section 7-6C-2 of the City of animal to the owner or keeper's home
Dubuque Code of Ordinances is amended to or property during the quarantine peri-
read as follows: od.
7-6C-2: CONFINEMENT AUTHORIZED: 7. The owner or keeper must agree
A. Animal Suspected Of Having Ra- to immediately notify the city manager
bies: The owner or keeper of any dog or of any changes in the animal's health or
cat or other animal which has contracted disposition, to allow representatives of
rabies, or which has been subject to ra- the city manager to enter upon the
bies, or which has bitten or caused skin property and to examine the animal at
abrasion to any person shall produce and any time and to immediately take the
surrender up such dog, cat or other animal animal to a licensed veterinarian for
to be held in confinement in a licensed vet- examination at any time when directed
erinarian's animal hospital under the su- by the city manager.
pervision of a licensed veterinarian and in 8. The owner or keeper must agree
quarantine for observation for a period of to promptly pay all costs of veterinarian
ten (10) days from the date the bite oc- examinations during the quarantine pe-
riod.
Book 147 Regular Session June 5, 2017 276
9. The owner or keeper must further er is known, the animal shall be humanely
agree to immediately surrender the an- destroyed and examined for rabies imme-
imal at any time the city manager de- diately.
termines that the home quarantine Section 8. Section 7-6C3 of the City of
should be terminated, or at any time Dubuque Code of Ordinances is amended to
that any provisions or conditions of read as follows:
home quarantine are violated, in which 7-6C3: REPORTING RABIES; NOTICE
event the animal shall be put in the TO CITY MANAGER:
custody of a licensed veterinarian of A. It shall be the duty of the owner or
the state of lowa in the city of Dubuque keeper of any cat, dog or other domesti-
for the remainder of the quarantine pe- cated animal suspected of being rabid that
riod. has attacked, bitten or caused any skin
10. If the city manager determines abrasion upon any person to report such
at any time that home confinement is incident to the city manager.
not appropriate for the animal, quaran- B. It shall be the duty of the victim who
tine at a veterinary hospital shall be or- has been attacked, bitten or caused a skin
dered. abrasion by any cat, dog or other domesti-
11. The person bitten, or, if a minor, cated animal suspected of being rabid to
the person's parent or guardian, must report such incident to the city manager.
sign an acknowledgment indicating that C. It shall be the duty of any health
the person has been advised of the care provider or veterinarian practice im-
risks of rabies, that if the animal disap- mediately to transmit information to the city
pears during home quarantine, the per- manager that may come to such health
son may have to undergo post expo- care provider or veterinarian practice
sure rabies prophylaxis, and that the through such health care provider's or vet-
person does not object to home quar- erinarian practice's professional capacity
antine. The acknowledgment shall also with reference to any person having been
relieve the city of Dubuque, its agents, attacked, bitten or having skin abrasions by
officers, and employees from any liabil- any dog, cat or other domestic animal.
ity if the animal disappears during Section 9. Section 7-6D-1 of the City of
home quarantine. Dubuque Code of Ordinances is amended to
12. The owner or keeper shall also read as follows:
execute an indemnity agreement in fa- 7-6D-1: DEFINITIONS:
vor of the city of Dubuque, which shall Unless otherwise expressly stated or the
provide that the owner or keeper shall context clearly indicates a different intention,
save harmless, defend and indemnify the following terms shall, for the purpose of
the city of Dubuque and its officers, this article, have the meanings in this section:
agents and employees from any or all CITY: The city of Dubuque.
claims of any kind arising out of the CITY MANAGER, CHIEF OF POLICE,
home quarantine. AND CITY CLERK: Those employees of the
13. The owner or keeper shall city of Dubuque duly appointed and holding
agree in writing that if the animal dis- those positions.
appears during the home quarantine, DANGEROUS ANIMAL:
the owner or keeper shall indemnify the A. Any animal which is not naturally
person bitten for any and all medical tame or gentle, and which is of a wild na-
expenses incurred as a result of the ture or disposition, and which is capable of
disappearance of the animal. Ac- killing, inflicting serious injury upon, or
ceptance of any such payments by the causing disease among, human beings or
person bitten shall not in any way re- domestic animals and having known
lease the owner or keeper from any tendencies as a species to do so;
other liability the owner may have to B. Any animal(s) declared to be dan-
the person bitten by reason of the ani- gerous by the city manager or the city
mal bite. It shall be the sole responsibil- manager's designee; or
ity of the person bitten, and not the re- C. The following animals which shall be
sponsibility of the city, to enforce such deemed to be dangerous animals per se:
agreement. This subsection shall not 1. Lions, tigers, jaguars, leopards,
apply if the person bitten is the owner cougars, lynx and bobcats;
or keeper of the animal or any person 2.Wolves, coyotes and foxes;
residing with the owner or keeper. 3. Badgers, wolverines, weasels,
D. Wild Animals: If an undomesticated skunks and mink;
or wild animal such as a skunk, bat, fox, 4. Raccoons;
raccoon or other carnivore bites a person, 5. Bears;
whether or not the animal's owner or keep- 6. All apes, baboons, macaques,
Book 147 Regular Session, June 5, 2017 277
monkeys and chimpanzees; F. A bona fide commercial pet shop li-
7. Alligators and crocodiles; censed and inspected by the lowa depart-
8. Scorpions; ment of agriculture. Any such pet shop
9. Snakes that are: shall post in a conspicuous place, the fol-
a. Any member of the family at- lowing notice:
ractaspidae, including but not lim- NOTICE Section 7-6D-3 of the City
ited to mole vipers and burrowing of Dubuque Code of Ordinances pro-
asps. hibits the keeping, sheltering or harbor-
b. Any member of the family el- ing for any purpose within the City of
apidae, voperidae, crotalidae, atrac- Dubuque, any dangerous animal, as
taspidae, or hydrophidae which are defined in Section 7-6D-1. Dangerous
venomous, including but not limited animal includes, but is not limited to,
to cobras, mambas, coral snakes, the following:
kraits, adders, vipers, rattlesnakes, 1. Lions, tigers, jaguars, leopards,
copperheads, pit vipers, keelbacks, cougars, lynx and bobcats;
cottonmouths, and sea snakes. 2. Wo/ves, coyotes and foxes;
c. Any member of the super- 3. Badgers, wolverines, wease/s,
family henophidia, which are limited skunks and mink,
to reticulated pythons, anacondas, 4. Raccoons;
and African rock pythons. 5. Bears;
10. Reptiles that are venomous; 6. All apes, baboons, macaques,
11. Gila monsters; monkeys and chimpanzees;
12. Opossums; and 7. Alligators and crocodi/es;
13. Any crossbreed of such animals 8. Scorpions;
which have similar characteristics of 9. Snakesthatare:
the animals specified above. a. Any member of the family atrac-
Section 10. Section 7-6D-4 of the City of taspidae, including but not limited to
Dubuque Code of Ordinances is amended to mole vipers and burrowing asps.
read as follows: b. Any member of the family el-
7-6D-4: EXCEPTIONS TO KEEPING AND apidae, voperidae, crotalidae, atractas-
LICENSING RESTRICTIONS: pidae, or hydrophidae which are ven-
The prohibition contained in section 7-6D3 omous, including but not limited to co-
of this article and the licensing provisions of bras, mambas, cora/ snakes, kraits,
sedion 7-6D-5 of this article shall not apply to adders, vipers, rattlesnakes, copper-
the keeping of dangerous animals in the fol- heads, pit vipers, kee/backs, cotton-
lowing circumstances: mouths, and sea snakes.
A. The keeping of dangerous animals c. Any member of the superfamily
in a public zoo, bona fide educational or henophidia, which are limited to reticu-
medical institution, humane society, or mu- lated pythons, anacondas, and African
seum where they are kept as live speci- rock pythons.
mens for the public to view, or for the pur- 10. Reptiles that are venomous;
pose of instruction, research or study. 11. Gila monsters;
B. The keeping of dangerous animals 12. Opossums; and
for exhibition to the public by a bona fide 13. Any crossbreed of such animals
traveling circus, carnival, exhibit or show li- which have similar characteristics of
censed to perform in the city. the animals specified above.
C. The keeping of dangerous animals Section 11. Section 7-6E-2 of the City of
in a bona fide, licensed veterinary hospital Dubuque Code of Ordinances is amended to
for treatment. read as follows:
D. The keeping of dangerous animals 7-6E-2: PROCEDURE FOR DECLARA-
by a wildlife rescue organization, with ap- TION OF POTENTIALLY VICIOUS DOG:
propriate permit from the lowa conserva- A. Basis for Declaration: The city man-
tion commission or the lowa department of ager may find and declare an animal po-
natural resources. tentially vicious based upon the following:
E. Any dangerous animals under the ju- 1. The written complaint of a citizen
risdiction of and in the possession of the that the animal has acted in a manner
lowa conservation commission, pursuant to set forth in section 7-6E-1 of this article;
chapter 109 or 109A of the lowa Code. 2. Dog bite reports filed with the
health services department;
3. Actions of the dog witnessed by
any animal control officer or law en-
forcement officer; or
4. Other substantial evidence.
Book 147 Regular Session June 5, 2017 278
B. Service Of Declaration Upon Owner: mediate threat to public safety, then the
The declaration of a potentially vicious dog animal control officer or law enforce-
shall be in writing and shall be served on ment officer may seize and impound
the owner or keeper in one of the following the dog pending the hearing to be held
methods: personally, by certified mail to pursuant to this article. The owner or
the owner at the owner's or keeper's last keeper of the dog shall be liable to the
known address, or if the owner or keeper city or county where the dog is im-
cannot be served personally or by mail, by pounded for the costs and expenses of
publication in a newspaper of general cir- keeping the dog if the dog is later de-
culation in the county. termined to be potentially vicious.
C. Contents Of Declaration: The decla- When a dog has been impounded and
ration shall state: it is not contrary to public safety, the
1. The description of the animal; animal control officer shall permit the
2. The name and address of the animal to be confined at the owner's
owner or keeper of the animal, if expense in a health services depart-
known; ment approved kennel or veterinary fa-
3. The whereabouts of the animal, if cility.
not in the custody of the owner or Section 12. Title 7, Chapter 6 of the City of
keeper; Dubuque Code of Ordinances is amended by
4. The facts upon which the decla- adding the following:
ration of potentially vicious dog is ARTICLE F. VICIOUS DOGS AND CATS
based; 7-6F-1: DEFINITION:
5. The owner's or keeper's right to a A "vicious animal" is deemed so when it
hearing if the person objects to the dec- has attacked or bitten any person on more
laration; than one occasion without provocation or
6. The restrictions placed upon the when an attack or bite results in serious bodily
animal as a result of the declaration of injury.
potentially vicious dog; and 7-6F-2: PROCEDURE FOR DECLARA-
7. The penalties for a violation of TION OF VICIOUS ANIMAL:
such restrictions. A. Basis for Declaration: The city man-
8. If the city manager so deter- ager may find and declare an animal vi-
mines, that the owner or keeper be re- cious based upon the following:
quired to have microchip identification 1. When the animal has attacked or
implanted in the dog. bitten any person on more than one
D. Objections of Owner: The owner or occasion without provocation or when
keeper may object to the declaration of po- an attack or bite results in serious bodi-
tentially vicious dog by requesting a hear- ly injury.
ing before the city manager by submitting a B. Service of Declaration Upon Owner:
written request to the city manager within The declaration of a vicious animal shall be
ten (10) days of the date of mailing of the in writing and shall be served on the owner
declaration, or within ten (10) days of the or keeper in one of the following methods:
publication of the declaration. personally, by certified mail to the owner at
1. If the city manager finds that the owner's or keeper's last known ad-
there is insufficient evidence to support dress, or if the owner or keeper cannot be
the declaration, it shall be rescinded, served personally or by mail, by publication
and the restrictions imposed thereby in a newspaper of general circulation in the
annulled. county.
2. If the city manager finds sufficient C. Contents of Declaration: The decla-
evidence to support the declaration, the ration shall state:
city manager shall provide the owner 1. The description of the animal;
with written notice of such determina- 2. The name and address of the
tion within five (5) working days after owner or keeper of the animal, if
the hearing. known;
3. Prior to and pending the outcome 3. The facts upon which the decla-
of the hearing, the owner or keeper of a ration of vicious animal is based;
dog that has been declared potentially 4. The restrictions placed upon the
vicious must comply with all conditions animal as a result of the declaration of
and restrictions set forth by the city vicious animal;
manager. 5. The penalties for a violation of
4. If it is determined by the animal such restrictions;
control officer or law enforcement of- 6. If the city manager so deter-
ficer that probable cause exists to be- mines, that the owner or keeper be re-
lieve the dog in question poses an im- quired to have microchip identification
Book 147 Regular Session, June 5, 2017 279
implanted in the animal; and 7-6F-5: DISPOSITION OF VICIOUS ANI-
7. The owner or keeper must keep MAL:
the vicious animal within the city and A. License and Vaccination; Fee: A vi-
under the owner or keeper's ownership cious animal shall be properly licensed and
until resolution of the matter through vaccinated. The vicious designation shall be
city administration or the judicial sys- included in the registration records of the an-
tem. imal. The city may charge a vicious animal
D. If it is determined by the animal con- fee in addition to the regular licensing fee to
trol officer or law enforcement officer that provide for the increased costs of maintain-
probable cause exists to believe the animal ing the records of the animal.
in question poses an immediate threat to B. Confinement; Restraint: A vicious an-
public safety, then the animal control of- imal, while on the owner's or keeper's prop-
ficer or law enforcement officer may seize erty, shall at all times be kept indoors or in a
and impound the animal pending the reso- securely fenced yard from which the animal
lution pursuant to this article. The owner or cannot escape and into which people cannot
keeper of the animal shall be liable to the trespass. A vicious animal may be off the
city or county where the animal is im- owner's or keeper's premises only if re-
pounded for the costs and expenses of strained by a substantial leash, of appropri-
keeping the animal if the dog is determined ate length, and if the animal is under the
to be vicious. control of a responsible adult and is humane-
7-6F3: NOTIFICATION OF STATUS OF ly muzzled.
VICIOUSANIMAL: C. Notice of Death: If a vicious animal
A. The owner or keeper shall immedi- dies, the owner or keeper of the animal shall
ately notify the city manager when an ani- notify the city manager of the death of the
mal which has been classified as vicious: animal in writing within two (2)working days.
1. Is loose or unconfined; Passed, approved, and adopted the 5t°day
2. Has bitten a human being or at- of June, 2017.
tacked another animal; or /s/Roy D. Buol, Mayor
3. Dies. Attest: /s/Kevin S. Firnstahl, City Clerk
B. A vicious animal may not be sold, Published officially in the Telegraph Herald
given away, or moved to another location newspaper on the 9t°day of June, 2017.
prior to resolution of the matter through city /s/Kevin S. Firnstahl, City Clerk
administration or thejudicial system.
7-6F-4: EXCEPTIONS TO CLASSIFICATION: 11. Code of Ordinances Amendment - Ti-
A. No animal may be declared vicious if: tles 7 & 10 Firearms, Firewnrks and Environ-
1. Any injury or damage was sus- mental Stewardship Advisory Commission:
tained by a person who, at the time of City Manager recommending approval of
the injury or damage was sustained, amendments to City of Dubuque Code of Or-
was committing a willful trespass or dinances Sections 7-5A-10, Weapons, Fire-
other tort upon premises occupied by arms and Fireworks; 7-5A-16, Hunting and
the owner or keeper of the animal, or Target Practice Permitted; and 10-5B-12, Pos-
was teasing, tormenting, abusing, or session of Firearms, Weapons and Firewnrks.
assaulting the animal, or was commit- Motion by Lynch to receive and file the docu-
ting or attempting to commit a crime; ments and that the requirement that a pro-
2. The animal was protecting or de- posed ordinance be considered and voted on
fending a person within the immediate for passage at two Council meetings prior to
vicinity of the animal from an unjustified the meeting at which it is to be passed be sus-
attack or assault; or pended. Seconded by Connors. Motion failed
3. The injury or damage was sus- 5-2 with Del Toro and Rios voting nay.
tained by a person or a domestic ani- Motion by Jones to consider the first read-
mal, which at the time of the injury or ing of the proposed ordinances amending City
damage was sustained, was teasing, of Dubuque Code of Ordinances Title 7 Police,
tormenting, abusing or assaulting the Fire and Public Safety, Chapter 5 Offenses,
animal. Article A General Offenses, Section 7-5A-10
B. No animal may be declared vicious if Weapons, Firearms and Fireworks; Amending
the injury or damage to a domestic animal City of Dubuque Code of Ordinances Title 7
was sustained while the animal was working Police, Fire and Public Safety, Chapter 5 Of-
as a hunting dog, herding dog or predator fenses, Article A General Offenses, Section 7-
control dog on the property of, or under the 5A-16 Hunting and Target Practice Permitted;
control of, its owner or keeper, and the dam- and Amending City of Dubuque Code of Ordi-
age or injury was to a species or type of do- nances Title 10 Public Ways and Property,
mestic animal appropriate to the work of the Chapter 5 Parks and Recreation, Article B Use
dog. Regulations, Section 10-5B-12 Possession of
Book 147 Regular Session June 5, 2017 280
Firearms, Weapons and Fireworks. Seconded
by Resnick. Responding to questions from the
City Council, City Manager Van Milligen re-
viewed what other lowa cities are doing in re-
sponse to the new state law, Police Chief Mark
Dalsing addressed the issue of a possible in-
crease in police calls; and Assistant City Attor-
ney Maureen Quann stated that should the
ordinances not be passed prior to the July q�n
holiday, the current City ordinance wnuld re-
main in effect. Motion carried 6-1 with Del Toro
voting nay.
12. Request for Work Session - Communi-
ty Health Needs Assessment and Health Im-
provement Plan: City Manager recommending
approvalto schedule a wnrk session on the
Community Health Needs Assessment and
Health Improvement Plan for 6:00 p.m. on
Monday, June 12, 2017. Motion by Jones to
receive and file the documents and set the
work session as recommended. Seconded by
Lynch. Motion carried 7-0.
There being no further business, upon mo-
tion the City Council adjourned at 8:20 p.m.
/s/Kevin S. Fimstahl, CMC, City Clerk
Book 147 Regular Session, June 19, 2017 281
CITY OF DUBUQUE, IOWA City Council held a question/answer period
CITY COUNCIL PROCEEDINGS With the presenters.
SPECIAL SESSION 2. Environmental Protection Agency (EPA)
OFFICIAL Brownfields Assessment Grant: Economic
Development Director Maurice Jones intro-
The Dubuque City Council met in special duced staff from HR Green: James Halverson,
session at 6:00 p.m. on June 12, 2017 in the Scott Mattes, and Emily Smart who conducted
Historic Federal Building, 350 W. 6t°Street. a work session regarding their wnrk adminis-
tering the 2013 EPA Brownfields Assessment
Present: Mayor Buol; Council Members Grant. Topic included:
Connors, Del Toro, Jones, Lynch, Rios; City • Introductions
Manager Van Milligen, Assistant City Attorney • Overview of Brownfields and EPA
Maureen Quann. Brownfields Program: What are Brown-
fields, benefits to redevelopment
Absent: Council Member Resnick Brownfields
• Environmental Site Assessments
Mayor Buol read the call and stated this is • Project overview: EPA Work Plan Re-
a special session of the City Council called for quirements, community involvement,
the purpose of conducting work sessions on environmental investigations, cleanup
Community Health Needs Assessment and and reuse planning
Health Improvement Plan and the Environ- • Projectcollaboration
mental Protection Agency (EPA) Brownfields . Case study: Accomplishments at the
Assessment Grant. Blum site
• WhaYs next
WORK SESSIONS . Potential future funding sources
• Land banking concept
1. Community Health Needs Assessment
and Health Improvement Plan (CHNA-HIP): The City Council held a question/answer
Public Health Specialist and Health Services period with the presenters.
Manager Mary Rose Corrigan introduced the
work session agenda and steering commit- There being no further business, upon mo-
tee/team members: Angela Petsche, Crescent tion the City Council adjourned at 7:40 p.m.
Community Health Center; Stacey Killian,
Dubuque Visiting Nurses Association; Julie /s/Kevin S. Firnstahl, CMC, City Clerk
Woodyard, Crescent Community Health Cen-
ter; Michelle Malone, Finley/Unity Point Hospi-
tal; Kathy Tieskoetter, Dubuque Visiting Nurs-
es Association; and Jodie McDermott, Mercy
Medical Center. Topics included:
• CHNA-HIP requirements
• history
• current CHNA-HIP 2015
• champions/partners
• engagement and outreach
• collaboration, partnerships, funding
• utilizing the plans
• health priorities and healthy behaviors
• healthography; social/spatial determi-
nants of health
• data collection; indicators measured
• health equity
• elevated lead levels
• transitions of care
• preventing the spread of disease
• environmental health
• community design to affecting public
health
• connection to the comprehensive plan
update
• future/nextround 2018
Book 147 Regular Session, June 19, 2017 282
CITY OF DUBUQUE, IOWA 4. Administrative Seroices Agreement with
CITY COUNCIL PROCEEDINGS SisCo: City Manager recommending approval
of an Administrative Services Agreement with
REGULAR SESSION Self Insured Seroices Company (SisCo) for
OFFICIAL COBRA Administration of the Medical and
Dental Plans and Administration of the Short-
The Dubuque City Council met in regular Term Disability Plan effective July 1, 2017.
session at 6:00 p.m. on June 19, 2017 in the Upon motion the documents were received,
Historic Federal Building, 350 W. 6t°Street. filed and approved.
Present: Mayor Buol; Council Members 5. Civil Service Commission -Certified List:
Connors, Jones, Lynch, Resnick, Rios; City Civil Service Commission submitting the Certi-
Manager Van Milligen, City Attorney Brumwell fied List for the position of Police Officer. Upon
motion the documents were received, filed and
Absent: Council Member Del Toro made a Matter of Record.
Mayor Buol read the call and stated this is May 30, 2017
a regular session of the City Council called for Honorable Mayor and
the purpose of conducting such business that Members of the City Council
may properly come before the City Council. In accordance with Chapter 400 of the
Code of lowa, an examination for the position
PLEDGE OF ALLEGIANCE of Police Officer was administered on March
11, 2017.We hereby certify that the individuals
CONSENT ITEMS listed below have passed this written examina-
tion and the vacancy for this position should be
Motion by Lynch to receive and file the made from this list and that this list is good
documents, adopt the resolutions, and dispose until April 30, 2018.
of as indicated. Seconded by Connors. Motion Police Officer
carried 6-0. 1.Clayton Degenhardt, 2.Nicholas Soppe,
3.Clayton Penrod, 4.Luke Dopke, 5.Ross
1. Minutes and Reports Submitted: City Dillavou, 6.Calvin Harridge, 7.Kyzer Moore,
Council Proceedings of 6/5, 6/12; Civil Service $�McKenzie Kubisiak, 9.Tanner Williams,
Commission of 5/30; Library Board of Trustees 10.Jacob Delano, 11.Adam Lange,
Report #161 of 5/25; Park and Recreation 12.Brandon Ohrnstein, 13.Samuel Reiher,
Commission of 5/9; Zoning Advisory Commis- 14.Andrew Harwardt, 15.William Yakes,
sion of 6/7; Zoning Board of Adjustment of 16.Kyle Hoppman, 17.Avery Hubbard,
5/25; Proof of publication for City Council Pro- 18.Ra'Shan Blocker-Nelson, 19.Drew Montr,
ceedings of 5/15, 5/12. Upon motion the doc- 20.Adam Hancock, 21.Sara Kruger,
uments were received and filed. 22.Nicholas Dreska, 23.Carter Meyer,
24.Nelson Torres Rodriguez, 25.Donovan
2. Notice of Claims and Suits: Anderson Vance, 26.Michael Novak, 27.Jonathan Soda-
Windows for property damage, Herbert Cook �sser, 28.Jerod Schultr, 29.Benjamin
for vehicle damage, Ron Ludwig for vehicle Goerdt, 30.Nathan Hiemstra, 31.Anh John
damage, Judie Root for property damage, Nguyen
James Schreiner for personal injury/vehicle Respectfully Submitted,
damage, Skyler Lee Tracy for vehicle damage. /s/Daniel White, Chairperson
Upon motion the documents were received, Civil Service Commission
filed and referred to the City Attorney.
6. Workers' Compensation 6ccess Insur-
3. Disposition of Claims: City Attorney ad- ance Renewal for Fiscal Year 2018: City Man-
vising that the following claims have been re- ager recommending approval of the wnrkers'
ferred to Public Entity Risk Services of lowa, compensation excess insurance renewal rate
the agent for the lowa Communities Assurance submitted by Safety National, our current car-
Pool: Anderson Windows for property damage, rier, effective July 1, 2017 through June 30,
Herbert Cook for vehicle damage, Ron Ludwig 2018. Upon motion the documents were re-
for vehicle damage, Judie Root for property ceived,filed and approved.
damage, James Schreiner for personal inju-
ry/vehicle damage, Skyler Lee Tracy for vehi- 7. Preferred Health Choices - Administra-
cle damage. Upon motion the documents were tive Services Agreement Amendment VIII: City
received, filed and concurred. Manager recommending approval of an
amendment to the Administrative Services
Agreement
Book 147 Regular Session, June 19, 2017 283
with Preferred Health Choices to provide run- Section 1. The City Council hereby ap-
out administration services through June 30, proves the Fifth Amendment to Development
2018. Upon motion the documents were re- Agreement.
ceived,filed and approved. Sedion 2. The Mayor is authorized and di-
rected to sign the Fifth Amendment to Devel-
8. Specific and Aggregate Stop Loss In- opment Agreement on behalf of the City of
surance-Health and Prescription Drug Plans: Dubuque.
City Manager recommending approval of the Passed, approved and adopted this 1g�n
selection of Wellmark, who submitted the low day of June, 2017.
quote, as the specific and aggregate stop loss Roy D. Buol, Mayor
carrier for the health and prescription drug Attest: Kevin S. Firnstahl, City Clerk
plans for Fiscal Year 2018. Upon motion the
documents were received, filed and approved. 10. Dubuque County Flood Hazard Map-
ping Project - City of Dubuque: City Manager
9. Novelty Iron Works - 5th Amendment to transmitting correspondence to the Federal
Development Agreement: City Manager rec- Emergency Management Agency (FEMA) ex-
ommending approval of the 5th Amendment to pressing the City's agreement with the model-
Development Agreement with Novelty Iron ing, methods and results of the Dubuque
Landlord, LLC which allows for payment of County Flood Hazard Mapping Project and
grants based upon valuation of the entire continued partnership during the refinement of
property and which also reflects the change of the new Flood Insurance Rate Map. Upon mo-
name for Triumph Community Bank. Upon tion the documents were received and filed.
motion the documents were received and filed
and Resolution No. 212-17 Approving the Fifth 11. Highway 20 Conduit Project from
Amendment to the Development Agreement Wacker Drive to Hill Street - Project Award:
between the City of Dubuque, lowa and Novel- City Manager recommending that the award
ty Iron Landlord, LLC was adopted. for the Highway 20 Conduit - Wacker Drive to
Hill Streetto Volkins, Inc. be officially recorded
RESOLUTION NO. 212-17 in the minutes of the City Council. Upon mo-
APPROVING THE FIFTH AMENDMENT TO tion the documents were received, filed and
THE DEVELOPMENT AGREEMENT BE- made a Matter of Record.
TWEEN THE CITY OF DUBUQUE, IOWA
AND NOVELTY IRON LANDLORD, LLC 12. Plat of Survey - D & E Rainbow Acres:
Whereas the City of Dubuque, lowa (City) Zoning Advisory Commission recommending
and Warehouse Trust, LLC (Developer) en- approval of the Plat of Survey of D&E Rainbow
tered into a Development Agreement dated for Acres waiving the lot frontage requirement for
reference purposes the 17t° day of June, 2013 Lot 1. Upon motion the documents were re-
which Development Agreement was assigned ceived and filed and Resolution No. 213-17
to Novelty Iron Landlord LLC the 5t° day of Approving the Plat of Survey of D&E Rainbow
August, 2013; and Acres in the City of Dubuque, lowa was adopt-
Whereas, Developer, with the consent of ed.
City, assigned its rights in and under the De-
velopment Agreement to The National Bank RESOLUTION NO. 213-17
(Bank), which has changed its name to Tri- APPROVING THE PLAT OF SURVEY OF D
umph Community Bank a division of TBK 8. E RAINBOW ACRES IN THE CITY OF
Bank, SSB; and DUBUQUE, IOWA
Whereas the agreement has been amend- Whereas, there has been filed with the City
ed on four occasions as follows: the First Clerk a Plat of Survey of D &E Rainbow Acres
Amendment to Development Agreement, dat- in the City of Dubuque, lowa; and
ed the 21�� day of August, 2013, the Second Whereas, said Plat of Survey provides 0
Amendment to Development Agreement, dat- feet and 37.6 feet of frontage for Lot 1 and Lot
ed the 6t° day of January, 2014, the Third 2 respectively on a public or approved private
Amendment to Development Agreement, dat- street, where 25 feet of street frontage is re-
ed the 16t° day of March, 2015, and the Fourth quired by Section 5-47 in accordance with
Amendment to Development Agreement, dat- Section 4-7C. of Title 16 of the City of Dubu-
ed the 21��day of December, 2015; and que Code of Ordinances; and
Whereas City and Developer now desire to Whereas, said Plat of Survey has been ex-
amend the Development Agreement as set amined by the Zoning Advisory Commission
forth in the Fifth Amendment to Development and had its approval endorsed thereon; and
Agreement attached hereto. Whereas, said Plat of Survey has been ex-
NOW, THEREFORE, BE IT RESOLVED amined by the City Council and they find that it
BY THE CITY COUNCIL OF THE CITY OF conforms to the statues and ordinances relat-
DUBUQUE, IOWA: ing thereto.
Book 147 Regular Session, June 19, 2017 284
NOW THEREFORE, BE IT RESOLVED Passed, approved and adopted this 1g�n
BY THE CITY COUNCIL OF THE CITY OF day of June, 2017.
DUBUQUE, IOWA: Roy D. Buol, Mayor
Sedion 1. That Sedion 5-4.7 of Title 16 of Attest: Kevin S. Firnstahl, City Clerk
the City of Dubuque Code of Ordinances, Uni-
fied Development Code, is waived to allow 0 14. Plat of Survey - Lot 176A - 17th Street:
feet of frontage on a public street or an ap- City Manager recommending approval of a
proved private street for Lot 1. resolution approving the Plat of Survey of Lot
Sedion 2. That the Plat of Survey is here- 176A of East Dubuque Addition in the City of
by approved and the Mayor and City Clerk are Dubuque, lowa. Upon motion the documents
hereby authorized and directed to endorse the were received and filed and Resolution No.
approval of the City of Dubuque, lowa upon 215-17 Approving Plat of proposed vacated
said Plat of Survey. right-of-way of 17�° Street between Elm Street
Passed, approved and adopted this 19t° and Pine Street, said right-of-way being a part
day of June, 2017. of City Lot 176A of East Dubuque Addition, in
Roy D. Buol, Mayor the City of Dubuque, lowa was adopted.
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 215-17
13. Plat of Survey for City Property at APPROVING PLAT OF PROPOSED VA-
Creek Wood Park: City Manager recommend- CATED RIGHT OF WAY OF 17TH STREET
ing approval of a Plat of Survey for Lot 1-2 and BETWEEN ELM STREET AND PINE
2-2 of Timber-Hyrst Place #2 in the City of STREET, SAID RIGHT OF WAY BEING A
Dubuque per a Property Exchange Agreement PART OF CITY LOT 176A OF EAST DUBU-
with Jeff and Jill Reimer. Upon motion the QUE ADDITION, IN THE CITY OF DUBU-
documents were received and filed and Reso- QUE, IOWA
lution No. 214-17 Approving Plat of Survey of Whereas, there has been presented to the
Lot 1-2 and 2-2 of Timber-Hyrst Place #2 in City Council of the City of Dubuque, lowa, a
the City of Dubuque, lowa was adopted. plat dated June 13, 2017 prepared by IIW, PC,
showing the vacated 17t° Street between Elm
RESOLUTION NO. 214-17 Street and Pine Street, and assigned lot num-
APPROVING PLAT OF SURVEY OF LOT 1-2 ber thereto, to be known as Lot 176A of East
AND 2-2 OF TIMBER-HYRST PLACE # 2 IN Dubuque Addition, in the City of Dubuque,
THE CITY OF DUBUQUE, IOWA lowa; and
Whereas, there has been presented to the Whereas, said plat conforms to the laws
City Council of the City of Dubuque, lowa, a and statutes pertaining thereto.
plat dated the 25t° day of May, 2017, prepared NOW, THEREFORE, BE IT RESOLVED
by The City of Dubuque, re-platting Lot 2 of BY THE CITY COUNCIL OF THE CITY OF
Timber-Hyrst Place # 2, to be hereinafter DUBUQUE, IOWA:
known as Lot 1-2 and 2-2 of Timber-Hyrst Section 1. That the plat dated June 13,
Place#2 in the City of Dubuque, lowa; and 2017 prepared by IIW, PC, relative to the real
Whereas, said plat conforms to the laws estate hereinabove described be and the
and statutes pertaining thereto. same is hereby approved, and the Mayor and
NOW, THEREFORE, BE IT RESOLVED City Clerk be and they are hereby authorized
BY THE CITY COUNCIL OF THE CITY OF and direded to execute said plat for and on
DUBUQUE, IOWA: behalf of the City of Dubuque, lowa.
Sedion 1. That the plat dated the 25t° day Sedion 2. The City hereby reserves a pub-
of May, 2017, prepared by The City of Dubu- lic utility easement over the entirety of Lot
que relative to the real estate hereinabove 176A as shown on the attached plat.
described be and the same is hereby ap- Section 3. The City hereby reserves an in-
proved, and the Mayor and City Clerk be and gress/egress easement over the entirety of Lot
they are hereby authorized and directed to 176A as shown on the attached platfor the
execute said plat for and on behalf of the City benefit of Lot 2 of Marde Place, in the City of
of Dubuque, lowa. Dubuque, lowa.
Sedion 2. That the City Clerk be and is Sedion 4. That the City Clerk be and is
hereby authorized and directed to file said plat hereby authorized and directed to file said plat
and certified copy of this resolution in the office and certified copy of this resolution in the office
of the Recorder in and for Dubuque County, of the Recorder in and for Dubuque County,
I owa. I owa.
Passed, approved and adopted this 1g�n
day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Book 147 Regular Session, June 19, 2017 285
15. Consulting Engineering Services for DUBUQUE, IOWA, THAT:
Storm Sewer Improvements: City Manager Section 1. That said Traffic Safety Im-
recommending approval to negotiate and enter provement Grant funding will be used within
into a contract for IIW, PC to provide engineer- the City of Dubuque to assist with the con-
ing services for the 17t° StreeUWest Locust strudion of a designated right turn lane on
Street Storm Sewer Improvements Project and Pennsylvania Avenue at the Northw�st Arterial
the 22od StreeUKaufmann Avenue Storm Sew- intersection is hereby approved.
er Improvement Project, both associated with Section 2. That the Mayor be authorized
the Community Development Block Grant Pro- and directed to execute two copies of said
gram Disaster Recovery - National Disaster Funding Agreement for the Traffic Safety Im-
Resiliency funds for the Bee Branch Water- provement Grant funding that will be used
shed Flood Mitigation Project. Upon motion the within the City of Dubuque to assist with a des-
documents were received, filed and approved. ignated right turn lane on Pennsylvania Ave-
nue at the Northwest Arterial intersedion.
16. lowa Department of Transportation Passed, approved and adopted this 1g�n
Traffic Safety Improvement Funding Agree- day of June, 2017.
ment - NW Arterial and Pennsylvania Avenue: Roy D. Buol, Mayor
City Manager recommending authorization for Attest: Kevin S. Firnstahl, City Clerk
the Mayor to execute a Funding Agreement
with the lowa Department of Transportation for 17. Advocacy for State Summit on Opioids:
a Traffic Safety Improvement Grant to assist City Manager recommending approval for the
with the construction of a proposed right-turn Mayor to execute a letter on behalf of the City
lane on Pennsylvania Avenue at the Northwest of Dubuque supporting an Opioid Summit and
Arterial intersection. Upon motion the docu- state policy development. Upon motion the
ments were received and filed and Resolution documents were received and filed.
No. 216-17 Approving a Funding Agreement
(2017-TS-015) with the lowa Department of 18. State Flood Mitigation Project -
Transportation for a Traffic Safety Improve- Amendment to Funding Agreement: City Man-
ment Grant to assist with the construction of a ager recommending approval to seek an
proposed right-turn lane improvement on amendment to the State Flood Mitigation
Pennsylvania Avenue at the Northwest Arterial Board Funding Agreement for the Bee Branch
intersection was adopted. Watershed Flood Mitigation Project. Upon mo-
tion the documents were received, filed and
RESOLUTION NO. 216-17 approved.
APPROVING A FUNDING AGREEMENT
(2017-TS-015) WITH THE IOWA DEPART- 19. Boarded-Up Properties Bi-Annual Re-
MENT OF TRANSPORTATION FOR A port: City Manager transmitting an inventory
TRAFFIC SAFETY IMPROVEMENT GRANT and review of boarded-up windows and doors
TO ASSIST WITH THE CONSTRUCTION OF for City Council review. Upon motion the doc-
A PROPOSED RIGHT TURN LANE IM- ument was received and filed.
PROVEMENT ON PENNSYLVANIA AVENUE
AT THE NORTHWEST ARTERIAL INTER- 20. Improvement Contracts/ Performance,
SECTION Payment and Maintenance Bonds: ENCAP,
Whereas, the Northwest Arterial and Inc. for the Lower Bee Branch Creek Floating
Pennsylvania Avenue intersection was identi- Island Project; Hawkeye Electric for the Jack-
fied due to the number of crashes and that this son Park Lighting Project; SELCO, Inc. for the
intersection does not have a designated west- 2017 Pavement Marking Project. Upon motion
bound right turn lane; and the documents were received, filed and ap-
Whereas, the City of Dubuque and the lo- proved.
wa Department of Transportation have rec-
ommended that turn lane improvements to this 21. Alcohol Compliance Civil Penalty for
intersection wnuld be in the best interest of the Alcohol License Holder - American Legion
public due to safety and/or operational con- Post#6: City Manager recommending approv-
cerns, construction of a designated right turn al of the AcknowledgmenUSettlement Agree-
lane on Pennsylvania Avenue at the Northwest ment for an alcohol compliance violation for
Arterial intersection; and American Legion Post #6, 1306 Delhi Street.
Whereas, the total cost for these improve- Upon motion the documents were received,
ments is estimated at$415,000.00. The Traffic filed and approved.
Safety Improvement Grant will fund
$364,000.00 of this project, and the remaining
cost, $51,000 would be funding by City.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
Book 147 Regular Session, June 19, 2017 286
22. Alcohol Compliance Civil Penalty for American Legion Post #6, 1306 Delhi St.,
Alcohol License Holder - Red Robin America's Class C Liquor (Catering) (Outdoor) (Sun-
Gourmet Burgers & Spirits: City Manager rec- day)
ommending approval of the Acknowledg- Adobo's Mexican Grill, 756 Main St., Class C
menUSettlement Agreement for an alcohol Liquor(Catering) (Outdoor)
compliance violation for Red Robin America's Applebee's Neighborhood Grill and Bar, 1395
Gourmet Burgers & Spirits, 2775 NW Arterial. Associates Dr., Class C Liquor(Sunday)
Upon motion the documents were received, Diamond Jo Casino, 301 Bell St., Class C Liq-
filed and approved. uor, Class B Native Wine (Outdoor) (Sun-
23. Alcohol Compliance Civil Penalty for day)
Alcohol License Holder — Vinny Vanuchci's Fischer Lanes, 880 Locust St., Class C Liquor
Little Italy: City Manager recommending ap- (Sunday)
proval of the AcknowledgmenUSettlement Hy-Vee Club Room, 2395 NW Arterial, Special
Agreement for an alcohol compliance violation Class C Liquor(Sunday)
for Vinny Vanuccih's Little Italy, 164 Main Jubeck New World Brewing LLC, 115 West
Street. Upon motion the documents were re- 11t°St., Class B Beer(Sunday)
ceived,filed and approved. Keywest Conoco, 2150 Twin Valley Dr., Class
E Liquor, Class B Native Wine, Class C
24. Alcohol and Tobacco License Applica- Beer(Sunday)
tions: City Manager recommending approval of Kwik Stop C-Stores, 2335 University Ave.,
annual liquor, beer, wine and tobacco license Class E Liquor, Class B Native Wine,
applications as submitted. Upon motion the Class C Beer (Sunday)
documents were received and filed and Reso- Mi Ranchito, 1091 University Ave., Class C
lution No. 217-17 Approving applications for Liquor(Sunday)
beer, liquor, and/or wine permits, as required Paul's Tavern, 176 Locust St., Class C Liquor
by City of Dubuque Code of Ordinances Title 4 (Sunday)
Business and License Regulations, Chapter 2 New
Liquor Control, Article B Liquor, Beer and Wine The Sweet Spot, 269 Main St., Special Class
Licenses and Permits; and Resolution No. C Liquor(Outdoor) (Sunday)
218-17 Approving applications for retail ciga- Jack's Lounge, 1113 Main St., Class C Liquor
rette/tobacco sales/nicotine/vapor permits, as (Sunday)
required by lowa Code Chapter 453A.47A Passed, approved and adopted this 1g�n
were adopted. day of June, 2017.
Roy D. Buol, Mayor
RESOLUTION NO. 217-17 Attest: Kevin S. Firnstahl, City Clerk
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE- RESOLUTION NO. 218-17
QUIRED BY CITY OF DUBUQUE CODE OF APPROVING APPLICATIONS FOR RETAIL
ORDINANCES TITLE 4 BUSINESS AND LI- CIGARETTE I TOBACCO SALES I NICO-
CENSE REGULATIONS, CHAPTER 2 LIQ- TINE/VAPOR PERMITS, AS REQUIRED BY
UOR CONTROL, ARTICLE B LIQUOR, IOWACODE453A.47A
BEER AND WINE LICENSES AND PERMITS Whereas, applications for Ciga-
Whereas, applications for Beer, Liquor, rette/Tobacco Sales have been submitted and
and or Wine Permits have been submitted and filed with the City Council for approval and the
filed with the City Council for approval and the same have been examined and approved; and
same have been examined and approved; and Whereas, the premises to be occupied by
Whereas, the premises to be occupied by such applicants were inspected and found to
such applicants were inspected and found to comply with the Ordinances of the City and the
comply with the Ordinances of the City and the applicants have filed the proper fees and oth-
applicants have filed the proper fees and erwise complied with the requirements of the
bonds and otherwise complied with the re- Code of Ordinances.
quirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
DUBUQUE, IOWA: Sedion 1. The City Clerk is hereby author-
Sedion 1. The City Clerk is hereby author- ized and direded to cause to be issued the
ized and directed to cause to be issued the following named applicants and locations for
noted permit types to the following applicants cigarette/tobacco sales permit.
pending submission of the locally required Business Name, Business Address
documentation: The Altered State, 1533 Central Ave.
Renewals Big 10 Mart#10, 1875 J. F. Kennedy Rd.
First& Main, 101 Main St., Class C Liquor Big 10 Mart#13, 2100 J. F. Kennedy Rd.
(Outdoor) (Sunday) Kwik Stop#300, 1215 East 16t°St.
Book 147 Regular Session, June 19, 2017 287
Kwik Stop#325, 1210 East 16t°St. City of Dubuque, lowa and assigned lot num-
McCann's Service, 690 West Locust St. bers thereto, which hereinafter shall be known
Vapor City Outlet, 3330 Asbury Rd. and described as Lot 1-2 and Lot 2-2 of Tim-
BP Fuel, 1450 Loras Blvd. ber-Hyrst Place # 2, in the City of Dubuque,
Passed, approved and adopted this 19t° lowa; and
day of June, 2017. Whereas, the Code of lowa requires that
Roy D. Buol, Mayor the City Clerk publish a notice of the proposal
Attest: Kevin S. Firnstahl, City Clerk and of the time and place of the meeting at
which the City Council proposes to take action
ITEMS SET FOR PUBLIC HEARING thereon and at which meeting the City Council
shall receive oral and/or written objections
Motion by Lynch to receive and file the from any resident or property owner of said
documents, adopt the resolutions, set the pub- City to such proposed action.
lic hearings as indicated, and dired the City NOW THEREFORE, BE IT RESOLVED
Clerk to publish notice as prescribed by law. BY THE CITY COUNCIL OF THE CITY OF
Seconded by Connors. Motion carried 6-0. DUBUQUE, IOWA:
Sedion 1. That the City of Dubuque in-
1. Intent to Dispose of City Property / 6c- tends to dispose of its interest in Lot 1-2 of
change Agreement - Creek Wood Park: City Timber Hyrst Place # 2, in the City of Dubu-
Manager recommending that the City Council que, lowa by deed to Jeff and Jill Reimer pur-
set a public hearing for July 5, 2017, on the suant to the executed Property Exchange
disposal of City property at and next to Creek Agreement attached hereto.
Wood Park. Upon motion the documents were Section 2. The City Clerk is hereby author-
received and filed and Resolution No. 219-17 ized and directed to cause a notice to be pub-
Intent to dispose of an interest in City of Dubu- lished as prescribed by lowa Code Section
que real estate located along Creek Wood 364.7 of a public hearing on the City's intent to
Drive pursuant to a Property 6cchange dispose of the foregoing-described Property, to
Agreement between the City of Dubuque and be held on the 5t° day of July, 2017, at 6:00
Jeff and Jill Reimer and fixing the date for a p.m. in the City Council Chambers at the His-
public hearing and providing for the publication toric Federal Building, 350 W. 6t° Street,
of notice thereof was adopted setting a public Dubuque, lowa.
hearing for a meeting to commence at 6:00 Section 3. The City Clerk is hereby di-
p.m. on July 5, 2017 in the Historic Federal rected to cause at least one publication to be
Building. made of a notice of said meeting, in a news-
paper, printed wholly in the English language,
RESOLUTION NO. 219-17 published at least once weekly, and having
INTENT TO DISPOSE OF AN INTEREST IN general circulation in said City, said publication
CITY OF DUBUQUE REAL ESTATE LO- to be not less than four days nor more than
CATED ALONG CREEK WOOD DRIVE twenty days before the date of said meeting on
PURSUANT TO A PROPERTY EXCHANGE the disposal of the City's interest in the Proper-
AGREEMENT BETWEEN THE CITY OF ty.
DUBUQUE AND JEFF AND JILL REIMER Sedion 4. That the notice of the proposed
AND FIXING THE DATE FOR A PUBLIC action shall be in substantially the form at-
HEARING AND PROVIDING FOR THE PUB- tached hereto.
LICATION OF NOTICE THEREOF Passed, approved and adopted this 1g�n
Whereas, the City of Dubuque, lowa (City) day of June, 2017.
is the owner of the following real property (the Roy D. Buol, Mayor
Property); Attest: Kevin S. Firnstahl, City Clerk
Lot 2 of Timber-Hyrst Place# 2 in the City
of Dubuque, lowa; and 2. Vacate of Right-of-Way - 17t° Street —
Whereas, City and Jeff and Jill Reimer Initiate: City Manager recommending approval
(Reimers) have entered into a Property 6c- of a resolution setting a public hearing for July
change Agreement (the Agreement), to facili- 5, 2017, on the disposal of the 17�° Street
tate construction of Creek Wood Park in Tim- right-of-way betw�en Elm Streets and Pine
ber Hyrst Subdivision; and Streets to METX, LLC Upon motion the docu-
Whereas, the City Council has approved ments were received and filed and Resolution
said Property 6cchange Agreement by Reso- No. 220-17 Resolution of Intent to vacate and
lution No. 137-17 and the Mayor has executed dispose of City interest in 17t° Street between
said agreement on behalf of the City; and Elm Street and Pine Street, said right-of-way
Whereas, the City of Dubuque Engineering being a part of City Lot 176A of East Dubuque
Department has prepared and submitted to the Addition, in the City of Dubuque, lowa to
City Council a plat showing the proposed divi- METX, LLC was adopted setting a public hear-
sion of Lot 2 of Timber-Hyrst Place # 2, in the ing for a meeting to commence at 6:00 p.m. on
Book 147 Regular Session, June 19, 2017 288
July 5, 2017 in the Historic Federal Building. RESOLUTION NO. 221-17
GRANDVIEW AVE. 8. LORAS BLVD. IN-
RESOLUTION NO. 220-17 TERSECTION IMPROVEMENT PROJECT
INTENT TO VACATE AND DISPOSE OF PRELIMINARY APPROVAL OF PLANS,
CITY INTEREST IN 17TH STREET BE- SPECIFICATIONS, FORM OF CONTRACT,
TWEEN ELM STREET AND PINE STREET, AND ESTIMATED COST; SETTING DATE
SAID RIGHT OF WAY BEING A PART OF OF PUBLIC HEARING ON PLANS, SPECI-
CITY LOT 176A OF EAST DUBUQUE ADDI- FICATIONS, FORM OF CONTRACT, AND
TION, IN THE CITY OF DUBUQUE, IOWA TO ESTIMATED COST; AND ORDERING THE
METX LLC ADVERTISEMENT FOR BIDS
Whereas, Metx LLC has requested the va- NOW THEREFORE, BE IT RESOLVED
cating of a portion of 17t° Street between Elm BY THE CITY COUNCIL OF THE CITY OF
Street and Pine Street; and DUBUQUE, IOWA:
Whereas, IIW, PC has prepared and sub- The proposed plans, specifications, form of
mitted to the City Council a plat showing the contract and estimated cost for the Grandview
vacated portion of 17t° Street between Elm Avenue & Loras Boulevard Intersection Im-
Street and Pine Street, and assigned lot num- provement Project in the estimated amount
bers thereto, to be known as Lot 176A of East $388,31123, are hereby preliminarily ap-
Dubuque Addition, in the City of Dubuque, proved and ordered filed in the office of the
lowa. City Clerk for public inspedion.
NOW THEREFORE, BE IT RESOLVED A public hearing will be held on the 17�n
BY THE CITY COUNCIL OF THE CITY OF day of July, 2017, at 6:00 p.m. in the Historic
DUBUQUE, IOWA: Federal Building Council Chambers (second
Sedion 1. That the City of Dubuque in- floor) 350 W. 6�° Street, Dubuque, lowa, at
tends to vacate and dispose of its interest in which time interested persons may appear and
Lot 176A of East Dubuque Addition, in the City be heard for or against the proposed plans and
of Dubuque, lowa to Mebc LLC as agreed upon specifications, form of contract and estimated
between the City of Dubuque, lowa and Mebc cost of said Project, and the City Clerk be and
LLC is hereby directed to cause the attached notice
Section 2. That a public hearing on the in- of the time and place of such hearing to be
tent to vacate and dispose of Lot 176A in the published in a newspaper having general cir-
City of Dubuque, lowa to Mebc LLC is hereby culation in the City of Dubuque, lowa, which
set for the 5t° day of July, 2017, at the Historic notice shall be published not less than four
Federal Building, 350 W. 6t° Street, Dubuque, days nor more than twenty days prior to the
lowa, beginning at 6:00 p.m., and the City date of such hearing. At the hearing, any inter-
Clerk be and is hereby authorized and directed ested person may appear and file objections to
to cause a notice of public hearing on the in- the proposed plans, specifications, form of
tent to vacate and dispose of said real estate contract, or estimated cost of the Project.
to be published in the manner as prescribed by Grandview Avenue & Loras Boulevard In-
law. tersection Improvement Project is hereby or-
Passed, approved and adopted this 19t° dered to be advertised for bids for construc-
day of June, 2017. tion.
Roy D. Buol, Mayor The amount of the security to accompany
Attest: Kevin S. Firnstahl, City Clerk each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
3. Grandview and Loras Traffic Signal Re- ders hereby approved.
construction Projed — Initiate: City Manager The City Clerk is hereby direded to adver-
recommending initiation of the public bidding tise for bids for the construction of the im-
procedure for the Grandview Avenue and Lo- provements herein provided, by publishing the
ras Boulevard Intersection Improvement Pro- attached Notice to Bidders to be published in
ject, and further recommends that a public the Master Builders of lowa Plan Room, The
hearing be set for July 17, 2017. Upon motion Construction Update Network and posted on
the documents were received and filed and the City of Dubuque website at
Resolution No. 221-17 Preliminary approval of wvw�.citvofdubuaue.ora/bids. Publication will
plan, specifications, form of contract, and es- occur not less than thirteen but not more than
timated cost; setting date of public hearing on forty-five days before the date for filing bids
plans, specification, form of contract, and es- before 2:00 p.m. on the 20t° day of July 2017.
timated cost; and ordering the advertisement Bids shall be opened and read by the City
for bids was adopted setting a public hearing Clerk at said time and will be submitted to the
for a meeting to commence at 6:00 p.m. on City Council for final action at 6:00 p.m. on the
July 17, 2017 in the Historic Federal Building. 7t° day of August, 2017, in the Historic Federal
Building Council Chambers (second floor), 350
West 6t°Street, Dubuque, lowa.
Book 147 Regular Session, June 19, 2017 289
Passed, adopted and approved this 19t° 6. Park and Recreation Advisory Commis-
day of June, 2017. sion: Three, 3-year terms through June 30,
Roy D. Buol, Mayor 2020 (6cpiring Terms of Hoffmann, Kennicker
Attest: Kevin S. Firnstahl, City Clerk and Klinge). Applicants: Paul Hoffmann, 174
Bradley St.; Robin Kennicker, 2929 Elm St.;
BOARDS/COMMISSIONS Kenneth Klinge, 2267 Carter Rd.; Rebecca
Kuhle, 2566 Pearl St.; Luke Roth, 904 Bar-
1. Cable Television Commission: Three, 3- baralee Dr. Upon roll-call vote, Mr. Hoffman,
year terms through July 1, 2020 (Expiring Ms. Kennicker and Mr. Klinge were appointed
terms of Hoverman, Maloney and Tigges). to 3-year terms through June 30, 2020. Hoff-
Applicants: Carol Hoverman, 1555 White St.; man = 2 (Resnick, Lynch); Kennicker = 6
Thomas Major, 1725 Lori St.; Pauline Malo- (Connors, Rios, Buol, Jones, Resnick, Lynch);
ney, 506 George St.; Ronald Tigges, 4927 Klinge=4 (Rios, Buol, Del Toro, Resnick).
Wild Flower Dr. Upon roll-call vote Carol The City Clerk reported the vote totals in
Hoverman, Pauline Mahoney, and Ronald error. Ms. Kule and Mr. Roth actually tied with
Tigges were appointed to 3-year terms through 3 votes each. Kuhle = Connors, Rios, Jones;
July 1, 2020. Hoverman = 6 (Connors, Rios, Roth = Connors Buol, Lynch A re-vote will be
Buol, Jones, Resnick, Lynch); Major = 1 taken at the July 5, 2017 City Council meeting.
(Rios); Maloney = 6 (Connors, Rios, Buol,
Jones, Resnick, Lynch); Tigges = 5 (Connors, 7. Zoning Advisory Commission: One, 3-
Buol, Jones, Resnick, Lynch). year term through June 30, 2020 (6cpiring
Term of Christ).: Applicant: Martha Christ, 88
2. Electrical Code Board: One, 3-year term Princeton PI. Motion by Jones to appoint Ms.
through May 21, 2020 (Expired term of Wilson, Christ to a 3-year term through June 30, 2010.
At-Large). Applicant: David Wilson, 2918 Seconded by Connors. Motion carried 6-0.
Washington St. (Qualifies as At-Large). Motion
by Jones to appoint Mr. Wilson to a 3-year PUBLIC HEARINGS
term through May 21, 2010. Seconded by
Resnick. Motion carried 6-0. 1. Sale of Property - 2249 Harold Street:
Proof of publication on notice of public hearing
3. Historic Preservation Commission: One, to consider approval to dispose of City-owned
3-year term through July 1, 2020 (Expiring property, specifically, Lot 30 and the North 5
term of Monk, Architect At-Large). Applicant: Feet of Lot 33 in J.P. Schroeder's Addition to
Christina Monk, 2005 N. Main St. (Qualifies as Dubuque, in the City of Dubuque, lowa, ac-
Architect At-Large). Motion by Connors to ap- cording to the recorded plat thereof — 2249
point Ms. Monk to a 3-year term through July Harold Street, and the City Manager recom-
1, 2020. Seconded by Resnick. Motion carried mending approval. Motion by Lynch to receive
6-0. and file the documents and adopt Resolution
No. 222-17 Approving the sale of real estate
4. Investment Oversight Advisory Commis- specifically Lot 30 and the north 5 feet of Lot
sion: One, 3-year term through July 1, 2020 33 in J.P. Schroeder's Addition to Dubuque in
(Expiring term of Lassance). Applicant: Paul the City of Dubuque, lowa, according to the
Lassance. 4846 Embassy Ct. Motion by Lynch recorded plat thereof - 2249 Harold Street.
to appoint Mr. Lassance to a 3-year term Seconded by Connors. Motion carried 6-0.
through July 1, 2020. Seconded by Connors.
Motion carried 6-0. RESOLUTION NO. 222-17
APPROVING THE SALE OF REAL ESTATE
5. Long Range Planning Advisory Com- SPECIFICALLY LOT 30 AND THE NORTH 5
mission: Three, 3-year terms through July 1, FEET OF LOT 33 IN J.P. SCHROEDER'S
2020 (6cpiring terms of Collins, Dolson and ADDITION TO DUBUQUE IN THE CITY OF
Vincent). Applicants: Ronald Collins, 243 Car- DUBUQUE, IOWA, ACCORDING TO THE
diff St.; Mark Dolson, 54 Alpine St.; Thomas RECORDED PLAT THEREOF — 2249 HAR-
Major, 1725 Lori St.; Alan Vincent, 565 Wood- OLD STREET
land Ridge. Upon roll-call vote, Mr. Collins, Mr. Whereas, pursuant to a notice, duly pub-
Dolson, and Mr. Vincent were appointed to 3- lished in the Telegraph Herald newspaper, the
year terms through July 1, 2020. Collins = 6 City Council of Dubuque, lowa, met on June 5,
(Connors, Rios, Buol, Jones, Resnick, Lynch); 2017, in the Dubuque Historic Federal Build-
Dolson = 6 (Connors, Rios, Buol, Jones, Res- ing, 350 West 6t° Street, Dubuque, lowa to
nick, Lynch); Major = 2 (Resnick, Lynch); Vin- consider the proposal to dispose of City-owned
cent= 4 (Connors, Rios, Buol, Jones). real estate located at 2249 Harold Street:
Lot 30 and the North 5 feet of Lot 33 In
J.P. Schroeder's Addition to Dubuque
in the City of Dubuque, lowa, according
Book 147 Regular Session, June 19, 2017 290
to the recorded plat thereof; and Whereas, the City Council, by Resolution
Whereas, qualifying homebuyer, Rachel No. 197-17, dated June 5, 2017, declared its
Regan have signed an offer to purchase and intent to enter into a Development Agreement
have obtained financing from a local lender; with 210 Jones, LLC for the redevelopment of
and 210 Jones Street in the City of Dubuque, lowa
Whereas, the City Council of the City of (the Property); and
Dubuque, lowa has overruled any and all ob- Whereas, pursuant to published notice, a
jedions, oral and written, to the proposal to public hearing was held on the proposed dis-
dispose of the interest of the City of Dubuque, position on June 19, 2017 at 6:00 p.m. in the
lowa, in the herein and above-named real es- City Council Chambers at the Historic Federal
tate to the above-named grantee. building, 350 W. 6t° Street, Dubuque, lowa;
NOW, THEREFORE, BE IT RESOLVED and
BY THE CITY COUNCIL OF THE CITY OF Whereas, it is the determination of the City
DUBUQUE, IOWA: Council that approval of the Development
Section 1. That the City of Dubuque hereby Agreement, for redevelopment of the Property
approves the sale of the following legally- by 210 Jones, LLC according to the terms and
described property: conditions set out in the Development Agree-
Lot 30 and the North 5 feet of Lot 33 In ment is in the public interest of the City of
J.P. Schroeder's Addition to Dubuque Dubuque.
in the City of Dubuque, lowa, according NOW, THEREFORE, BE IT RESOLVED
to the recorded plat thereof; at the cost BY THE CITY COUNCIL OF THE CITY OF
of One Hundred Forty-Eight Thousand DUBUQUE, IOWA:
Dollars ($148,000). Section 1. That the Development Agree-
Section 2. That the City of Dubuque be and ment by and between the City of Dubuque and
is hereby authorized to provide a Warranty 210 Jones, LLC, a copy of which is attached
Deed to the buyer, conveying the City's inter- hereto, is hereby approved.
est to Rachel Regan for the herein-described Sedion 2. That the Mayor is hereby au-
real estate. thorized and direded to execute the Develop-
Section 3. That the City Clerk be and she ment Agreement on behalf of the City of
is hereby authorized and direded to cause Dubuque and the City Clerk is authorized and
said Warranty Deed to be recorded in the Of- direded to attest to his signature.
fice of the Dubuque County Recorder. Sedion 3. That the City Manager is author-
Passed, approved and adopted this 19t° ized to take such actions as are necessary to
day of June 2017. comply with the terms of the Development
Roy D Buol, Mayor Agreement as herein approved.
Attest: Kevin S. Fimstahl, City Clerk Passed, approved and adopted this 1g�n
day of June, 2017.
2. 210 Jones Street, LLC Development Roy D. Buol, Mayor
Agreement: Proof of publication on notice of Attest: Kevin S. Firnstahl, City Clerk
public hearing to consider approval of the pro-
posed issuance of Urban Renewal Tax Incre- 3. Westside Water System Improvements
ment Revenue Obligations and the execution 2017 Contract C Highway 20 Watermain Ex-
of a Development Agreement relating thereto tension: Proof of publication on notice of public
with 210 Jones, LLC and the City Manager hearing to consider approval of plans, specifi-
recommending approval. Motion by Lynch to cations, form of contract, and estimated cost
receive and file the documents and adopt for the Westside Water System lmprovements
Resolution No. 223-17 Approving a Develop- 2017 Contrad C Highway 20 Water Main 6c-
ment Agreement by and between the City of tension, and the City Manager recommending
Dubuque, lowa and 210 Jones, LLC providing approval. Motion by Lynch to receive and file
for the issuance of Urban Renewal Tax Incre- the documents and adopt Resolution No. 224-
ment Revenue Obligations for the Redevelop- 17 Approval of plans, specifications, form of
ment of 210 Jones Street. Seconded by Con- contract, and estimated cost for the Westside
nors. Motion carried 6-0. Water System Improvements Hwy 20 Water
Main Extension. Seconded by Connors. Mo-
RESOLUTION NO. 223-17 tion carried 6-0.
APPROVING A DEVELOPMENT AGREE-
MENT BY AND BETWEEN THE CITY OF RESOLUTION NO. 224-17
DUBUQUE, IOWA AND 210 JONES, LLC APPROVAL OF PLANS, SPECIFICATIONS,
PROVIDING FOR THE ISSUANCE OF UR- FORM OF CONTRACT, AND ESTIMATED
BAN RENEWAL TAX INCREMENT REVE- COST FOR THE WESTSIDE WATER SYS-
NUE OBLIGATIONS FOR THE REDEVEL- TEM IMPROVEMENTS HWY 20 WATER
OPMENT OF 210 JONES STREET MAIN EXTENSION
NOW THEREFORE, BE IT RESOLVED
Book 147 Regular Session, June 19, 2017 291
BY THE CITY COUNCIL OF THE CITY OF institute proceedings and takes additional ac-
DUBUQUE, IOWA: tion for the authorization of a Loan and Dis-
That the proposed plans, specifications, bursement Agreement by and between the
form of contract and estimated cost for the City and the lowa Finance Authority, and the
Westside Water System Improvements—Con- issuance to the lowa Finance Authority in the
tract C HWY 20 Water Main Extension in the manner required by law of not to exceed
estimated amount $650,000.00, are hereby $3,600,000 Sewer Revenue Capital Loan
approved. Notesfortheforegoing purpose.
Passed, adopted and approved this 19t° Sedion 2. That this Council does hereby
day of June, 2017. consent to the terms and conditions of the
Roy D. Buol, Mayor SRF Loan Program, which terms and condi-
Attest: Kevin S. Firnstahl, City Clerk tions and the disclosures provided with respect
thereto are hereby acknowledged, accepted
4. Sewer Revenue Capital Loan Notes - and approved.
Kerper Boulevard Sanitary Sewer Reconstruc- Section 3. That the Clerk, with the assis-
tion Projects: Proof of publication on notice of tance of the City Attorney and bond counsel, is
public hearing to consider the sale of not-to- hereby authorized and directed to proceed
exceed $3,600,000 in Sewer Revenue Capital with the preparation of such documents and
Loan Notes (State Revolving Loan Fund Pro- proceedings as shall be necessary to author-
gram) for the Kerper Boulevard sanitary sewer ize the City's participation in the SRF Loan
reconstruction projects and the City Manager Program, to select a suitable date for final
recommending approval. Motion by Connors to Council authorization of the required Loan and
receive and file the documents and adopt Disbursement Agreement and issuance of the
Resolution No. 225-17 Instituting proceedings Note to evidence the City's obligations there-
to take additional action for the authorization of under, and to take such other actions as the
a Loan and Disbursement Agreement and the Clerk shall deem necessary to permit the
Issuance of not-to-exceed $3,600,00 Sewer completion of a loan on a basis favorable to
Revenue Capital Loan Notes. Seconded by the City and acceptable to this Council.
Lynch. Motion carried 6-0. Sedion 4. This Resolution shall serve as a
declaration of official intent under Treasury
RESOLUTION NO. 225-17 Regulation 1.150-2 and shall be maintained on
INSTITUTING PROCEEDINGS TO TAKE file as a public record of such intent. It is rea-
ADDITIONAL ACTION FOR THE AUTHORI- sonably expected that Sewer fund moneys
ZATION OF A LOAN AND DISBURSEMENT may be advanced from time to time for capital
AGREEMENT AND THE ISSUANCE OF NOT expenditures which are to be paid from the
TO EXCEED $3,600,000 SEWER REVENUE proceeds of the above loan agreement. The
CAPITAL LOAN NOTES amounts so advanced shall be reimbursed
Whereas, pursuant to notice published as from the proceeds of the Loan Agreement not
required by law, this Council has held a public later than eighteen months after the initial
meeting and hearing upon the proposal to in- payment of the capital expenditures or eight-
stitute proceedings for the authorization of a een months after the property is placed in ser-
Loan and Disbursement Agreement by and vice. Such advancements shall not exceed the
between the City and the lowa Finance Au- loan amount authorized in this Resolution un-
thority, and the issuance to the lowa Finance less the same are for preliminary expenditures
Authority of not to exceed $3,600,000 Sewer or unless another declaration of intention is
Revenue Capital Loan Notes to evidence the adopted.
obligations of the City under said Loan and Passed and approved this 19t° day of
Disbursement Agreement, for the purpose of June, 2017.
paying costs of acquisition, construction, re- Roy D. Buol, Mayor
construction, extending, remodeling, improv- Attest: Kevin S. Firnstahl, City Clerk
ing, repairing and equipping all or part of the
Municipal Sewer System, including those costs 5. Water Revenue Capital Loan Notes -
associated with Kerper Boulevard Sanitary (State Revolving Loan Fund Program): Proof
Sewer reconstrudion project, and has consid- of publication on notice of public hearing to
ered the extent of objections received from consider the sale of not-to-exceed
residents or property owners as to said pro- $10,200,000 in Water Revenue Capital Loan
posal and, accordingly the following action is Notes (State Revolving Loan Fund Program)
now considered to be in the best interests of for the purchase and improvements associated
the City and residents thereof. with the City of Dubuque's acquisition of the
NOW, THEREFORE, BE IT RESOLVED Vernon and Barrington Lakes water systems
BY THE CITY COUNCIL OF THE CITY OF and the City Manager recommending approv-
DUBUQUE, STATE OF IOWA: al. Motion by Lynch to receive and file the
Section 1. That this Council does hereby documents and adopt Resolution No. 226-17
Book 147 Regular Session, June 19, 2017 292
Instituting proceedings to take additional action Note to evidence the City's obligations there-
for the authorization of a Loan and Disburse- under, and to take such other adions as the
ment Agreement and the issuance of not-to- Clerk shall deem necessary to permit the
exceed $10,200,000 Water Revenue Capital completion of a loan on a basis favorable to
Loan Notes. Seconded by Connors. Motion the City and acceptable to this Council.
carried 6-0. Sedion 4. This Resolution shall serve as a
declaration of official intent under Treasury
RESOLUTION NO. 226-17 Regulation 1.150-2 and shall be maintained on
INSTITUTING PROCEEDINGS TO TAKE file as a public record of such intent. It is rea-
ADDITIONAL ACTION FOR THE AUTHORI- sonably expected that Water fund moneys
ZATION OF A LOAN AND DISBURSEMENT may be advanced from time to time for capital
AGREEMENT AND THE ISSUANCE OF NOT expenditures which are to be paid from the
TO EXCEED $10,200,000 WATER REVENUE proceeds of the above loan agreement. The
CAPITAL LOAN NOTES amounts so advanced shall be reimbursed
Whereas, pursuant to notice published as from the proceeds of the Loan Agreement not
required by law, this Council has held a public later than eighteen months after the initial
meeting and hearing upon the proposal to in- payment of the capital expenditures or eight-
stitute proceedings for the authorization of a een months after the property is placed in ser-
Loan and Disbursement Agreement by and vice. Such advancements shall not exceed the
between the City and the lowa Finance Au- loan amount authorized in this Resolution un-
thority, and the issuance to the lowa Finance less the same are for preliminary expenditures
Authority of not to exceed $10,200,000 Water or unless another declaration of intention is
Revenue Capital Loan Notes to evidence the adopted.
obligations of the City under said Loan and Passed and approved this 19t° day of
Disbursement Agreement, for the purpose of June, 2017.
paying costs of acquisition, construction, re- Roy D. Buol, Mayor
construction, extending, remodeling, improv- Attest: Kevin S. Firnstahl, City Clerk
ing, repairing and equipping all or part of the
Municipal Water Utility, including those costs PUBLIC INPUT
associated with the Westside water system
purchase and construction projed, and has Nino Erba, 672 '/� Central Avenue, con-
considered the extent of objections received gratulated the Mayor on continuing with the
from residents or property owners as to said Paris Climate Agreement, and asked about
proposal and, accordingly the following action what the City is doing to continue efforts to
is now considered to be in the best interests of address climate change. Mayor Buol respond-
the City and residents thereof: ed with references to the City's 50% reduction
NOW, THEREFORE, BE IT RESOLVED in greenhouse gas emissions by 2030 program
BY THE City Council OF THE City of Dubu- and the installation of solar panels on roofs of
que, STATE OF IOWA: several City facilities.
Sedion 1. That this Council does hereby Nick Molo, 955 Washington Street, re-
institute proceedings and takes additional ac- quested that the City Council reconsider its
tion for the authorization of a Loan and Dis- ban on the use of fireworks and urged support
bursement Agreement by and between the of a compromise in the upcoming ordinance
City and the lowa Finance Authority, and the amendment.
issuance to the lowa Finance Authority in the Melissa Springer, 810 S. Grandview Ave-
manner required by law of not to exceed nue, and representing Mercy Turning Point
$10,200,000 Water Revenue Capital Loan Treatment Center, requested that the City
Notes for the foregoing purpose. Council make the opioid epidemic, drug over-
Sedion 2. That this Council does hereby dosing and trafficking a priority.
consent to the terms and conditions of the
DWSRF Loan Program, which terms and con- ACTION ITEMS
ditions and the disclosures provided with re-
spect thereto are hereby acknowiedged, ac- 1. Code of Ordinances Amendment -Titles
cepted and approved. 7 & 10 Firearms, Fireworks and Environmental
Section 3. That the Clerk, with the assis- Stewardship Advisory Commission (Second
tance of the City Attorney and bond counsel, is Reading): City Manager recommending ap-
hereby authorized and directed to proceed proval of amendments to City of Dubuque
with the preparation of such documents and Code of Ordinances Sections 7-5A-10, Weap-
proceedings as shall be necessary to author- ons, Firearms and Firewnrks; 7-5A-16, Hunting
ize the City's participation in the DWSRF Loan and Target Practice Permitted; and 10-5B-12,
Program, to select a suitable date for final Possession of Firearms, Weapons and Fire-
Council authorization of the required Loan and works. City Manager submitting a revised
Disbursement Agreement and issuance of the memo and staff memo. Mr. Van Milligen ver-
Book 147 Regular Session, June 19, 2017 293
bally referenced national and local statistics on Builders Construction Update Network on the
fires and injuries caused by fireworks. 19t°day of May, 2017; and
Motion by Jones to receive and file the Whereas, the two (2) competitive sealed
documents and that the requirement that a bid proposal were opened and read on the g�n
proposed ordinance be considered and voted day of June 2017; and
on for passage at hnro Council meetings prior Whereas, the City Council has deemed it
to the meeting at which it is to be passed be advisable to reject the two (2) competitive
suspended. Seconded by Connors. The City sealed bid proposals for the Project.
Council discussed the potential for compro- NOW THEREFORE, BE IT RESOLVED
mise between the new state law and the City's BY THE CITY COUNCIL OF THE CITY OF
proposed ordinance amendment, the chal- DUBUQUE, IOWA:
lenge and confusion a complex ordinance con- Section 1. The two (2) competitive sealed
taining compromises might cause especially in bid proposals for the Kerper Blvd Sanitary
terms of public information; the individual Sewer Reconstruction Project is hereby reject-
choices of citizens, and the City Council's duty ed.
to provide public safety. Motion failed 5-1 with Section 2. The City Clerk is authorized and
Riosvoting nay. instructed to return the bid deposit of the un-
Motion by Jones to consider the second successful bidders for the Kerper Blvd Sanitary
reading of three proposed ordinances amend- Sewer Reconstruction Project.
ing City of Dubuque Code of Ordinances Title Passed, approved and adopted this 1g�n
7 Police, Fire and Public Safety, Chapter 5 day of June 2017.
Offenses, Article A General Offenses, Section Roy D. Buol, Mayor
7-5A-10 Weapons, Firearms and Fireworks; Attest: Kevin S. Firnstahl, City Clerk
amending City of Dubuque Code of Ordinanc-
es Title 7 Police, Fire and Public Safety, Chap- 3. Procedure to Complete Action on Water
ter 5 Offenses, Article A General Offenses, Revenue Capital Loan Notes - (State Revolv-
Section 7-5A-16 Hunting and Target Practice ing Loan Fund Program): City Manager rec-
Permitted; and amending City of Dubuque ommending approval of the suggested pro-
Code of Ordinances Title 10 Public Ways and ceedings to complete action required on the
Property, Chapter 5 Parks and Recreation, $10,198,000 Water Utility Revenue Capital
Article B Use Regulations, Section 10-5B-12 Loan Notes from the State of lowa Revolving
Possession of Firearms, Weapons and Fire- Fund Loan lowa Drinking Water Facilities Fi-
works. Seconded by Connors. Motion carried nancing Program. Motion by Lynch to receive
6-0. and file the documents and adopt Resolution
No. 228-17 Series Resolution Authorizing and
2. Rejection of Bids - Kerper Boulevard providing for the issuance and securing the
Sanitary Sewer Reconstruction Project: City payment of$10,198,000 Water Revenue Capi-
Manager recommending that the City Council tal Loan Notes, Series 2017 by the City of
rejed the bids received for the Kerper Boule- Dubuque, lowa under the provisions of Chap-
vard Sanitary Sewer Reconstruction Project so ter 384 of the Code of lowa, providing for a
the Engineering staff can re-evaluate the de- method of payment thereof, approving Loan
sign and incorporate any cost saving and Disbursement Agreement, and other re-
measures. Motion by Connors to receive and lated matters. Seconded by Connors. Motion
file the documents and adopt Resolution No. carried 6-0.
227-17 Rejecting competitive bid proposal
received for the Kerper Boulevard Sanitary RESOLUTION NO. 228-17
Sewer Reconstrudion Projed. Seconded by SERIES RESOLUTION AUTHORIZING AND
Resnick. Motion carried 6-0. PROVIDING FOR THE ISSUANCE AND SE-
CURING THE PAYMENT OF $10,198,000
RESOLUTION NO. 227-17 WATER REVENUE CAPITAL LOAN NOTES,
REJECTING COMPETITIVE BID PROPOSAL SERIES 2017 BY THE CITY OF DUBUQUE,
RECEIVED FOR THE KERPER BLVD SANI- IOWA UNDER THE PROVISIONS OF CHAP-
TARY SEWER RECONSTRUCTION PRO- TER 384 OF THE CODE OF IOWA, PROVID-
JECT ING FOR A METHOD OF PAYMENT
Whereas, two (2) competitive sealed bid THEREOF, APPROVING LOAN AND DIS-
proposal was submitted by hnro (2) contractor BURSEMENT AGREEMENT, AND OTHER
for the Kerper Blvd Sanitary Sewer Recon- RELATED MATTERS
strudion Project(the Project) pursuant to Res- Whereas, the City Council of the City of
olution No. 211-15 and Notice to Bidders pub- Dubuque, lowa (the "City") has heretofore es-
lished the City of Dubuque Website tablished charges, rates and rentals for ser-
wvw�.citvofdubuaue.ora/bids, Master Builders vices which are and will continue to be collect-
of lowa Plan Room mbiplanroom- ed as system revenues of the Municipal Water
dsm(a�mbionline.com and posted to the Master Utility System, and said revenues are available
Book 147 Regular Session, June 19, 2017 294
for the payment of water revenue bonds or relating to the Loan made to the City under the
notes, subjectto the following premises; and Program.
Whereas, by Resolution No. 379-08 "City" or "Issuer" shall mean the City of
passed and approved on October 20, 2008 Dubuque, lowa.
(the "Master Resolution"), the City Council "Closing" shall mean the date of execution
heretofore has authorized the issuance of of the Agreement and delivery of the Series
$1,195,000 Water Revenue Capital Loan 2017 Notes to the Original Purchaser and the
Notes, Series 2008D, for the purpose of fi- funding of the Loan by the Trustee.
nancing the construction of the Series 2008D "Loan" shall mean the total principal
Project described therein, and to pay related amount allocated by the Original Purchaser to
costs of issuance; and the City under the Program, equal in amount to
Whereas, Issuer proposes to issue its Wa- the aggregate principal amount of the Series
ter Revenue Capital Loan Notes, Series 2017, 2017 Notes.
to the extent of $10,198,000, for the purpose "Master Resolution" means the City Coun-
of defraying the costs of the Series 2017 Pro- cil Resolution No. 379-08, passed and ap-
jeds as set forth in Sedion 1 of this Resolu- proved on October 20, 2008, entitled "Master
tion; and, it is deemed necessary and advisa- Resolution relating to the issuance of Water
ble and in the best interests of the City that a Revenue Bonds by the City of Dubuque, lowa
form of Loan and Disbursement Agreement by under the provisions of Chapter 384 of the
and between the City and the lowa Finance Code of lowa, authorizing and providing for the
Authority, be approved and authorized; and issuance and securing the payment of
Whereas, notice of the intention of the City $1,195,000 Water Revenue Bonds, Series
Council to take action for the issuance of not to 2008D, providing for a method of payment
exceed $10,200,000 Water Revenue Capital thereof, funding a Debt Service Reserve Fund,
Loan Notes has heretofore been duly pub- and related matters," as the same may be
lished and no objections to such proposed amended from time to time.
action have been filed, and the City therefore "Original Purchaser" means the lowa Fi-
deems it desirable to enter into a Loan and nance Authority, as the purchaser of the Se-
Disbursement Agreement and issue the Notes; ries 2017 Notes from the City at the time of
and their original issuance.
Whereas, Section 8.3 of the Master Reso- "Program" shall mean the lowa Drinking
lution authorizes the issuance of additional Water Works Financing Program administered
Senior Bonds, including Senior SRF Bonds, by by the Original Purchaser.
the City from time to time, if all of the condi- "Series 2017 Notes" means the
tions set forth therein are satisfied; and $10,198,000 Water Revenue Capital Loan
Whereas, the Council has determined to Notes, Series 2017, dated the date of delivery,
issue additional Senior SRF Bonds, and has authorized to be issued pursuant to this Series
determined that, upon passage of this Series Resolution.
Resolution and receipt of the reports described "Series 2017 Costs of Issuance AccounY'
in Section 8.3 of the Master Resolution, all of ineans the account by that name within the
the requirements of Article VIII of the Master Project Fund established in Section 5.1 of the
Resolution with respect to the issuance of ad- Master Resolution.
ditional Senior SRF Bonds will have been sat- "Series 2017 Projects" shall mean the Pro-
isfied. jects being financed with the proceeds of the
NOW, THEREFORE, BE IT RESOLVED Series 2017 Notes, consisting of costs of ac-
BY THE CITY COUNCIL OF THE CITY OF quisition, construdion, reconstruction, extend-
DUBUQUE, IN THE COUNTY OF DUBUQUE, ing, remodeling, improving, repairing and
STATE OF IOWA: equipping all or part of the Municipal Water
ARTICLE I Utility, including those costs associated with
DEFINITIONS the Westside water system purchase and con-
Sedion 1.1. Definitions. 6ccept as other- strudion project, as described generally in the
wise provided below in this Article I, all words Agreement and more particularly in the plans
and terms defined in Article I of the Master and specifications on file from time to time with
Resolution shall have the same meanings in the City Clerk.
this Series Resolution as such defined words "Series 2017 Projects AccounY' means the
and terms are given in Article I of the Master account by that name within the Project Fund
Resolution. In addition, the following terms established in Section 5.1 of the Master Reso-
shall have the following meanings in this Se- lution.
ries Resolution unless the text expressly or by "Series 2017 Rebate AccounY' means the
necessary implication requires otherwise: account by that name within the Rebate Fund
"AgreemenY' shall mean Loan and Dis- established in Section 6.10 of the Master Res-
bursement Agreement dated as of the Closing olution.
between the City and the Original Purchaser "Series Resolution" means this Resolution
Book 147 Regular Session, June 19, 2017 295
of the Council. The Series 2017 Notes shall be dated the
"Tax Exemption Certificate" means the Tax date of delivery, and bear interest at the rate of
Exemption Certificate executed by the Treas- 1.75% per annum from the date of each ad-
urer and delivered at the time of issuance and vancement made under the Agreement, until
delivery of the Series 2017 Notes. payment thereof, at the office of the Paying
"Trustee" shall mean Wells Fargo Bank, Agent, said interest payable on December 1,
National Association, with its principal office 2017, and semi-annually thereafter on the 1st
located in the City of Des Moines, lowa, and its day of June and December in each year until
successors and any corporation resulting from maturity as set forth on the debt service
or surviving any consolidation or merger to schedules attached to the Agreement as 6c-
which it or its successors may be a party and hibit A and incorporated herein by this refer-
any successor trustee under the Program. ence. As set forth on said debt service sched-
"Yield Restricted" shall mean required to ules, principal shall be payable on June 1,
be invested at a yield that is not materially 2018 and annually thereafter on the 1�� day of
higher than the yield on the Notes under Sec- June in the amounts set forth therein until prin-
tion 148(a) of the Internal Revenue Code or cipal and interest are fully paid, except that the
regulations issued thereunder. final installment of the entire balance of princi-
ARTICLE II pal and interest, if not sooner paid, shall be-
THE SERIES 2017 NOTES come due and payable on June 1, 2037. Not-
Section 2.1. Series 2017 Notes - Authori- withstanding the foregoing or any other provi-
zation and Purpose. Pursuant to the provisions sion hereof, principal and interest shall be
of the Master Resolution and in particular Sec- payable as shown on said debt service sched-
tion 8.3 thereof, there are hereby authorized to ules until completion of the Series 2017 Pro-
be issued, negotiable, serial, fully registered ject, at which time the final debt service
Water Revenue Capital Loan Notes, Series schedules shall be determined by the Trustee
2017, in the aggregate principal amount of based upon actual advancements, final costs
$10,198,000, dated the date of delivery, for the and completion of the Series 2017 Project, all
purpose of constructing the Series 2017 Pro- as provided in the administrative rules govern-
jects and paying Project Costs relating thereto, ing the Program. Payment of principal and
and to pay related Costs of Issuance. The Se- interest on the Series 2017 Notes shall at all
ries 2017 Notes shall be issued as Senior SRF times conform to said debt service sand the
Bonds under the terms of the Master Resolu- rules of the Program.
tion, shall be designated "CITY OF DUBU- In addition to the payment of principal of
QUE, IOWA, WATER REVENUE CAPITAL and interest on the Series 2017 Notes, the City
LOAN NOTES, SERIES 2017", and bear in- also agrees to pay the Initiation Fee and the
terest from the date hereof, until payment Servicing Fee as defined and in accordance
thereof, at the office of the Paying Agent, said with the terms of the Agreement.
interest payable on December 1, 2017 and Section 2.2. Issuance of Series 2017 Notes
semiannually thereafter on the 1st day of June in Certificated Form. The Series 2017 Notes
and December in each year until maturity at shall be issued as bonds in Authorized De-
the rate hereinafter provided. The Council, nominations and may, at the request of the
pursuant to Sections 384.24A and 384.82 of Original Purchaser, be issued in the denomi-
the Code of lowa, hereby finds and determines nation of $1,000 or multiples thereof as a sin-
that it is necessary and advisable to issue said gle Note in the denomination of $10,198,000
Series 2017 Notes authorized by the Agree- and numbered R-1.
ment and this Series Resolution. Section 2.3. Appointment of Registrar. The
The Series 2017 Notes and the Registrar's Treasurer is hereby appointed as Registrar for
Certificate of Authentication shall be in sub- the Series 2017 Notes under the terms of this
stantially the form set forth in 6chibit A at- Series Resolution.
tached hereto, with such variations, omissions, Section 2.4. Execution, Authentication and
substitutions and insertions as are required or Delivery of the Series 2017 Notes. Upon the
permitted by this Series Resolution. adoption of this Resolution, the Mayor and City
The Series 2017 Notes shall be executed Clerk shall execute and deliver the Series
by the manual or facsimile signature of the 2017 Notes to the Registrar, who shall authen-
Mayor and attested by the manual or facsimile ticate the same and deliver the same to or
signature of the City Clerk of the Council, and upon order of the Original Purchaser. No such
shall be fully registered as to both principal Series 2017 Note shall be valid or obligatory
and interest as provided in this Series Resolu- for any purpose or shall be entitled to any right
tion; principal, interest and premium, if any or benefit hereunder unless the Registrar shall
shall be payable at the office of the Paying duly endorse and execute on such Series
Agent by mailing of a check, wire transfer or 2017 Note a Certificate of Authentication sub-
automated clearing house system transfer to stantially in the form of the Certificate herein
the registered owner of the Bond. set forth. Such Certificate upon any such Se-
Book 147 Regular Session, June 19, 2017 296
ries 2017 Note executed on behalf of the Issu- expects and covenants that no use will be
er shall be conclusive evidence that the Series made of the proceeds from the issuance and
2017 Note so authenticated has been duly sale of the Series 2017 Notes issued hereun-
issued under this Series Resolution and that der which will cause any of the Series 2017
the holder thereof is entitled to the benefits of Notes to be classified as arbitrage bonds with-
this Series Resolution. in the meaning of Section 148(a) and (b) of the
ARTICLE III Code, and that throughout the term of said
REDEMPTION OF BONDS Series 2017 Notes it will comply with the re-
Section 3.1. Optional Redemption. The Se- quirements of said statute and regulations
ries 2017 Notes are subjed to optional re- issued thereunder.
demption at a price of par plus accrued inter- To the best knowledge and belief of the
est (i) on any date upon receipt of written con- City, there are no facts or circumstances that
sent of the Original Purchaser or (ii) in the would materially change the foregoing state-
event that all or substantially all of the Series ments or the conclusion that it is not expected
2017 Projects are damaged or destroyed. Any that the proceeds of the Series 2017 Notes will
optional redemption of the Series 2017 Notes be used in a manner that would cause such
may be made from any funds regardless of bonds to be arbitrage bonds. Without limiting
source, in whole or from time to time in part, in the generality of the foregoing, the City hereby
inverse order of maturity, by giving not less agrees to comply with the provisions of the
than thirty (30) days notice of redemption by Tax Exemption Certificate and the provisions
certified or registered mail to the Original Pur- of the Tax Exemption Certificate are hereby
chaser (or any other registered owner of the incorporated by reference as part of this Series
Series 2017 Notes). The terms of redemption Resolution. The Treasurer is hereby directed
shall be par, plus accrued interest to date of to make and insert all calculations and deter-
call. The Series 2017 Notes are also subject to minations necessary to complete the Tax Ex-
mandatory redemption as set forth in Section 5 emption Certificate in all respects and to exe-
of the Agreement. cute and deliver the Tax Exemption Certificate
ARTICLE IV at issuance of the Series 2017 Notes to certify
DELIVERY AND APPLICATION as to the reasonable expectations and cove-
OF PROCEEDS nants of the City at that date.
Section 4.1. Application of Series 2017 The City covenants that it will treat as Yield
Note Proceeds. The Series 2017 Notes shall Restricted any proceeds of the Series 2017
be delivered as provided in Sections 6.1 and Notes remaining unexpended after three years
6.2 and the proceeds thereof shall be applied from the issuance and any other funds re-
as follows: quired by the Tax Exemption Certificate to be
(i) An amount sufficient to pay the Costs of so treated. If any investments are held with
Issuance of the Series 2017 Notes shall be resped to the Series 2017 Notes, the City
deposited into the Series 2017 Costs of Issu- shall treat the same for the purpose of restrict-
ance Account. ed yield as held in proportion to the original
(ii) The balance of proceeds shall be de- principal amounts of each issue.
posited into the Series 2017 Projects Account The City covenants that it will exceed any
of the Project Fund and applied thereafter to investment yield restriction provided in this
pay Projed Costs of the Series 2017 Projeds. Series Resolution only in the event that it shall
Section 4.2. No Adjustment to Debt Ser- first obtain an opinion of bond counsel that the
vice Reserve Requirement. The Series 2017 proposed investment action will not cause the
Notes shall be issued as Senior SRF Bonds Series 2017 Notes to be classified as arbitrage
under the Master Resolution, and shall not be bonds under Sedion 148(a) and (b) of the
secured by or payable from amounts held in Code.
the Debt Service Reserve Fund established in The City covenants that it will proceed with
the Master Resolution. Upon issuance of the due diligence to spend the proceeds of the
Series 2017 Notes, the amount to be accumu- Series 2017 Notes for the purpose set forth in
lated and maintained in the Debt Service Re- this Series Resolution. The City further cove-
serve Fund shall not be increased, but shall nants that it will make no change in the use of
continue to remain equal to 100% of the Debt the proceeds available for the construction of
Service Reserve Requirement computed on a facilities or change in the use of any portion of
basis which includes all Senior Bonds which the facilities constructed therefrom by persons
will be Outstanding immediately after issuance other than the City or the general public unless
of the Series 2017 Notes and which are not it has obtained an opinion of bond counsel or a
Senior SRF Bonds. revenue ruling that the proposed project or use
ARTICLE V will not be of such character as to cause inter-
TAX PROVISIONS est on any of the Series 2017 Notes not to be
Section 5.1. Disposition of Bond Proceeds; exempt from federal income taxes in the hands
Arbitrage Not Permitted. The City reasonably of holders under the provisions of the Code.
Book 147 Regular Session, June 19, 2017 297
Section 5.2. Additional Covenants, Repre- incorporated by reference and made a part
sentations and Warranties of the City. The City hereof to the same extent as if fully set forth
certifies and covenants with the purchasers herein. Except as may otherwise be provided
and holders of the Series 2017 Notes from herein, the Master Resolution shall remain in
time to time outstanding that the City through full force and effect.
its officers, (a) will make such further specific Section 6.5. Severability. If any section,
covenants, representations and assurances as paragraph, or provision of this Series Resolu-
may be necessary or advisable; (b) comply tion shall be held to be invalid or unenforcea-
with all representations, covenants and assur- ble for any reason, the invalidity or unenforce-
ances contained in the Tax Exemption Certifi- ability of such section, paragraph or provision
cate, which Tax Exemption Certificate shall shall not affect any of the remaining provi-
constitute a part of the contrad between the sions.
City and the owners of the Series 2017 Notes; Section 6.6. Repeal of Conflicting Ordi-
(c) consult with bond counsel (as defined in nances or Resolutions and Effective Date. All
the Tax Exemption Certificate); (d) pay to the other ordinances, resolutions and orders, or
United States, as necessary, such sums of parts thereof, in conflict with the provisions of
money representing required rebates of ex- this Series Resolution are, to the extent of
cess arbitrage profits relating to the Series such conflid, hereby repealed; and this Series
2017 Notes; (e) file such forms, statements Resolution shall be in effect from and after its
and supporting documents as may be required adoption.
and in a timely manner; and (� if deemed nec- Passed and approved this 19t° day of
essary or advisable by its officers, to employ June, 2017.
and pay fiscal agents, financial advisors, attor- Roy D. Buol, Mayor
neys and other persons to assist the City in Attest: Kevin S. Firnstahl, City Clerk
such compliance.
ARTICLE VI 4. Zone 2 Water Pressure Improvements:
MISCELLANEOUS PROVISIONS City Manager recommending authorization to
Section 6.1. Delivery of Series 2017 Notes. begin the process to build a water tower off
The City shall deliver the executed Agreement Roosevelt Road in Water Pressure Zone #2,
and the Series 2017 Notes to the Original Pur- which encompasses the area in and around
chaser at the price of par on the date of Clos- Roosevelt Road and Peru Road, including the
ing. Delivery of the executed Agreement and Sky Blue Estates subdivision, the existing AI-
the Series 2017 Notes shall be made to the pine Park development and Eagle Valley sub-
Original Purchaser as soon as practicable after division. Motion by Lynch to receive and file
the effective date of this Series Resolution. the documents and approve the recommenda-
Section 6.2. Approval of Agreement. The tion. Seconded by Connors. Motion carried 6-
Agreement in substantially the form presented 0�
at this meeting of the Council are hereby au-
thorized and approved, and the Mayor and 5. Request for Work Session - St. Ambrose
City Clerk are authorized to execute and deliv- University Presentation on the Dubuque Police
er the Agreement, with such changes therein Department Traffic Stop Analysis: City Manag-
as such officials deem appropriate, for and on er recommending approval to schedule a work
behalf of the City, such officers' signatures session for a St. Ambrose University Presenta-
thereon being conclusive evidence of such tion on the Dubuque Police Department Traffic
officials'and the City's approval thereof. Stop Analysis for 6:00 p.m. on Tuesday, July
Section 6.3. General Authorization. From 11, 2017. Motion by Lynch to receive and file
and after the date of adoption of this Series the documents and set the work session as
Resolution, the officers, employees and agents recommended. Seconded by Connors. Jones
of the City are hereby authorized to do all such stated that he is unavailable on that date and
acts and things and to execute and deliver any therefore will not be in attendance. Motion
and all other documents, agreements, certifi- carried 6-0.
cates and instruments relating to the Series
2017 Notes, the investment of the proceeds There being no further business, upon mo-
thereof and the other transactions contemplat- tion the City Council adjourned at 6:49 p.m.
ed on the part of the City by this Series Reso-
lution, including, but not limited to, the Tax /s/Kevin S. Firnstahl, CMC, City Clerk
Exemption Certificate referred to in Section 5.1
hereof.
Sedion 6.4. Construction. 6ccept to the
extent set forth herein, all of the applicable
terms, conditions and provisions of the Master
Resolution shall be deemed and construed to
apply to the Series 2017 Notes and are hereby
Book 147 Regular Session July 5, 2017 298
CITY OF DUBUQUE, �OWQ flooding impacting thousands of properties and
CITY COUNCIL PROCEEDINGS over seventy businesses; and
Whereas, the City Council of the City of
SPECIAL SESSION Dubuque has adopted a drainage basin mas-
OFFICIAL ter plan authored by HDR Engineering that
outlines improvements to mitigate flooding
The Dubuque City Council met in special collectively referred to as the Bee Branch Wa-
session at 5:00 p.m. on June 21, 2017 in the tershed Flood Mitigation Project (the Project);
Municipal Services Center Conference Room, and
925 Kerper Court. Whereas, the Flood Mitigation Program
was established by the lowa Legislature and
Present: Mayor Buol; Council Members the Governor of lowa to support community
Connors, Jones, Lynch, Resnick; City Manag- projeds for the construdion and reconstruction
er Van Milligen of levees, embankments, impounding reser-
voirs, or conduits that are necessary for the
Absent: Council Members Del Toro and protection of property from the effects of
Rios floodwaters and may include the deepening,
widening, alteration, change, diversion, or oth-
Mayor Buol read the call and stated this is er improvement of watercourses if necessary
a special session of the City Council called for for the protection of such property from the
the purpose of conducting such business that effeds of floodwaters; and
may properly come before the City Council. Whereas, the City of Dubuque submitted
an application to the lowa Flood Mitigation
CONSENT ITEMS Board (the Board) requesting the use of
$98,494,178.00 in sales tax increment funds
Motion by Connors to receive and file the for the Project; and
documents, adopt the resolution, and dispose Whereas, the Board, on December 4,
of as indicated. Seconded by Jones. Motion 2013, voted to approve the City's application
carried 5-0. for construction of the Project, subject to the
requirements set forth in lowa Code chapter
1. Amendment to State Flood Mitigation 418 and the administrative rules promulgated
Board Funding Agreement for the Bee Branch under it and subject to the terms and condi-
Watershed Flood Mitigation Project: City Man- tions set forth in an agreement; and
ager recommending approval to amend the Whereas, the City Council, on February 3,
State Flood Mitigation Board Funding Agree- 2014, adopted Resolution 31-14 authorizing
ment for the Bee Branch Watershed Flood the execution of an agreement (Funding
Mitigation Project. Upon motion the documents Agreement) with the lowa Flood Mitigation
were received and filed and Resolution No. Board binding the City to the terms of the
229-17 Authorizing an Amendment to the agreement as required for the City's receipt of
Funding Agreement between the City of up to $98,494,178.00 in state sales tax incre-
Dubuque and the State of lowa Flood Mitiga- ment funds for the Bee Branch Watershed
tion Board for the City's use of Sales Tax In- Flood; and
crement Funding for the Bee Branch Water- N/hereas, the City was contacted by the
shed Flood Mitigation Projectwas adopted. City of Cedar Falls due to a potential shortage
of sales tax increment for the City of Cedar
RESOLUTION NO. 229-17 Falls in FY 2017; and
AUTHORIZING AN AMENDMENT TO THE Whereas, the City has analyzed its pro-
FUNDING AGREEMENT BETWEEN THE jected sales tax increment for FY 2017 in an
CITY OF DUBUQUE AND THE STATE OF attempt to assist the City of Cedar Falls; and
IOWA FLOOD MITIGATION BOARD FOR N/hereas, the City may generate sales tax
THE CITY'S USE OF SALES TAX INCRE- increment in excess of what the City is sched-
MENT FUNDING FOR THE BEE BRANCH uled to receive in FY 2017, but it is uncertain
WATERSHED FLOOD MITIGATION PRO- that this will occur; and
JECT Whereas, the City is willing to propose an
Whereas, Six Presidential Disaster Decla- amendment to its remittance schedule for
rations have been issued for flooding, severe 2017 and 2019 that is contingent upon the City
storms and tornados between 1999 and 2011 generating up to $700,000 sales tax increment
due to flash flooding; and in FY 2017 in excess of what the City is
Whereas, the Bee Branch Watershed, scheduled to receive as provided in the Fund-
which includes the City of Dubuque's most ing Agreement; and
developed areas where over 50% of city resi- N/hereas, it is in the best interest of the
dents either live or work, has experienced City to seek the use of the additional sales tax
Book 147 Special Session,June 21, 2017 299
increment in FY 2017 through an amendment
Book 147 Regular Session, July 5, 2017 300
to the Funding Agreement. CITY OF DUBUQUE, IOWA
NOW THEREFORE, BE IT RESOLVED CITY COUNCIL PROCEEDINGS
BY THE CITY COUNCIL OF THE CITY OF
oueuQUE, iown ns Fo��ows: REGULAR SESSION
The City Council approves an amendment OFFICIAL
to the Funding Agreement as set forth in the
attached June 20, 2017 letter to Carol Tomb, The Dubuque City Council met in regular
Hazard Mitigation Project Officer — Infrastruc- session at 6:00 p.m. on July 5, 2017 in the
ture and accompanying Exhibit B as follows: Historic Federal Building, 350 W. 6t° Street.
The amendment to the remittance sched-
ule for 2017 and 2019 shown on Exhibit B as present: Mayor Buol; Council Members
proposed amendment #2 is contingent upon Connors, Del Toro, Jones, Lynch, Resnick,
the City of Dubuque generating up to$700,000 Rios (6:05 p.m.); Assistant City Manager
sales tax increment in FY 2017 in excess of Goodmann, City Attorney Brumwell
what is projected in Amendment#1 shown on
Exhibit B. If the City generates $700,000 in Mayor Buol read the call and stated this is
excess increment in FY 2017, then the City's a regular session of the City Council called for
requested remittance for FY 2019 will be re- the purpose of conducting such business that
duced by $700,000 to the amount shown on may properly come before the City Council.
proposed amendment #2 shown on Exhibit B
($3,692,361). However, if the excess incre- pLEDGEOFALLEGIANCE
ment in FY 2017 is less than $700,000, the
difference between the adual excess incre- pRESENTATIONS
ment for FY 2017 and $700,000 would be
added to the remittance request for FY 2019 1. 2017 All America City Award: Julee AI-
as approved in Amendment #1 shown on Ex- bers, Director of Youth Impact for the Commu-
hibit B ($4,392,361). nity Foundation of Greater Dubuque presented
The City Manager is authorized and di- the National Civic League's 2017 All America
rected to take further adion as is necessary to City Award for the Grade Level Reading Initia-
finalize and implement the amendment. tive.
Passed, approved and adopted this 21��
day of June, 2017. 2. Multicultural Center Receives 2017
Roy D. Buol, Mayor Dubuque LGBTQ+ Community Service and
Attest: Kevin S. Firnstahl, City Clerk Advocacy Award: Deron Oaks of Co Dubuque
presented the LGBTQ+ pride Award for Com-
There being no further business, upon mo- munity Service and Advocacy to Multicultural
tion the City Council adjourned at 5:01 p.m. Family Center and accepted by Assistant Di-
/s/Kevin S. Firnstahl, CMC, City Clerk rector Sarah Peterson.
PROCLAMATION
1. Summer Learning Day (July 13, 2017)
was accepted by Dawn Cogan, St. Mark En-
richment Executive Director.
CONSENTITEMS
Motion by Lynch to receive and file the
documents, adoptthe resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7-0.
1. Minutes and Reports Submitted: Cable
TV Commission of 6/7; City Council Proceed-
ings of 6/19, 6/21; Community Development
Advisory Commission of 4/18; Human Rights
Commission of 5/8; Proof of Publication for
City Council Proceedings of 6/5. Upon motion
the documents were received and filed.
Book 147 Regular Session, July 5, 2017 301
2. Bee Branch Watershed Safety Activity ERING PROPERTY IN DUBUQUE TECH-
Book: City Manager transmitting the Bee NOLOGY PARK
Branch Watershed Safety Activity Book. Upon Whereas, the City of Dubuque adopted on
motion the documents were received and filed. June 15, 1998, the Declaration of Covenants,
Conditions, Restridions, Reservations, Ease-
3. 2016-2017 Water Quality Report for ments, Liens and Charges (the Covenants),
Dubuque, Vernon, and Barrington Water Sys- recorded June 30, 1998, as Instrument no.
tems: City Manager providing notice that the 10226-98, covering certain property in Dubu-
City of Dubuque has published the annual que Technology Park(the Properties); and
water quality reports for the City of Dubuque, Whereas, Article II of the Covenants allows
Barrington Lakes and Vernon water systems. City to add additional land to the Properties by
Upon motion the documents were received instrument duly executed and recorded and
and filed. Whereas, the City Council desires to add
to the following City-owned property to the
4. Letter of Support for Dubuque County Properties covered by the Covenants:
Conservation Board Application for Transpor- Lot F Dubuque Technology Park ac-
tation Alternative Program Grant - Dubuque cording to the plat recorded as Instru-
County Heritage Trail: City Manager submitting ment No. 2006-12432 on August 11,
letter of support for the Dubuque County Con- 2006.
servation Board's application for a Transporta- NOW, THEREFORE, BE IT RESOLVED
tion Alternatives program Grant - Regional BY THE CITY COUNCIL OF THE CITY OF
Planning Affiliation #8, grant monies will be DUBUQUE, IOWA:
combined with local funds to replace Bridge The attached Addition of Property to Decla-
#21 on the Heritage Trail. Upon motion the ration of Covenants, Conditions, Restrictions,
documents were received, filed and approved. Reservations, Easements, Liens and Charges
for Property in Dubuque Technology Park is
5. Bee Branch Greenway Rental Fee Rec- hereby approved.
ommendations: City Manager recommending The Mayor and City Clerk are hereby di-
approval of the rental fees for the five new rected to execute the document on behalf of
areas of the Bee Branch Greenway that will be the City of Dubuque.
available for rental to the community for events The City Clerk is hereby directed to record
and activities. Upon motion the documents the document with the Dubuque County Re-
were received, filed and approved. corder.
Roy D. Buol, Mayor
6. Request to Eliminate One Truck Driver Attest: Kevin S. Firnstahl, City Clerk
and Create One Utility Worker Position: City
Manager recommending City Council approval 8. Addition of Property to Covenants -
of a motion eliminating one Truck Driver posi- Dubuque Industrial Center WesUNorth: City
tion and creating one Utility Worker position in Manager recommending approval of a Resolu-
the Public Works Department. Upon motion tion approving the addition of the Graf and
the documents were received, filed and ap- McFadden properties to the Declaration of
proved. Covenants, Conditions, Restridions, Reserva-
tions, Easements, Liens and Charges Cover-
7. Addition of Property to Covenants - ing Property in Dubuque Industrial Center
Technology Park: City Manager recommend- West, Dubuque Industrial Center West 2od
ing approval of a Resolution approving the Addition, Dubuque Industrial Center West 5�n
addition of Lot F Dubuque Technology Park to Addition, and Dubuque Industrial Center North
the Declaration of Covenants, Conditions, Re- First Addition. Upon motion the documents
strictions, Reservations, Easements, Liens and were received and filed and Resolution No.
Charges Covering Property in Dubuque Tech- 231-17 Approving the addition of property to
nology Park. Upon motion the documents were the Declaration of Covenants, Conditions, Re-
received and filed and Resolution No. 230-17 strictions, Reservations, Easements, Liens and
Approving addition of property to Declaration Charges covering property in Dubuque Indus-
of Covenants, Conditions, Restriction, Reser- trial Center West, Dubuque Industrial Center
vations, Easements, Liens and Charges cover- West 2od Addition, Dubuque Industrial Center
ing property in Dubuque Technology Park was West 5t° Addition, and Dubuque Industrial
adopted. Center North First Addition was adopted.
RESOLUTION NO. 230-17 RESOLUTION NO. 231-17
PPROVING ADDITION OF PROPERTY TO APPROVING THE ADDITION OF PROPER-
DECLARATION OF COVENANTS, CONDI- TY TO THE DECLARATION OF COVE-
TIONS, RESTRICTIONS, RESERVATIONS, NANTS, CONDITIONS, RESTRICTIONS,
EASEMENTS, LIENS AND CHARGES COV- RESERVATIONS, EASEMENTS, LIENS AND
Book 147 Regular Session, July 5, 2017 302
CHARGES COVERING PROPERTY IN Place #2 in the City of Dubuque, lowa,
DUBUQUE INDUSTRIAL CENTER WEST, according tothe recorded platthereof;
DUBUQUE INDUSTRIAL CENTER WEST 2ND Lot 2 of McFadden Farm Place, in
ADDITION, DUBUQUE INDUSTRIAL CEN- the City of Dubuque, lowa, according to
TER WEST ST" ADDITION, AND DUBUQUE the recorded Plat thereof, subject to
INDUSTRIAL CENTER NORTH FIRST ADDI- easements and restrictions of record.
TION NOW, THEREFORE, BE IT RESOLVED
Whereas, the City of Dubuque adopted on BY THE CITY COUNCIL OF THE CITY OF
October 25, 1999 the Declaration of Cove- DUBUQUE, IOWA:
nants, Conditions, Restridions, Reservations, The attached Addition of Property to Decla-
Easements, Liens and Charges (the Cove- ration of Covenants, Conditions, Restrictions,
nants), recorded November 16, 1999 as In- Reservations, Easements, Liens and Charges
strument No. 17454-99, covering Dubuque for Property in Dubuque Industrial Center
Industrial Center West Lots 1, 2, 3, 4, A, B, C West, Dubuque Industrial Center West 2od
and D; and Addition, Dubuque Industrial Center West 5�n
Whereas, the following additional property Addition and Dubuque Industrial Center North
was added to the Properties covered by the First Addition is hereby approved.
Covenants, specifically as follows: The Mayor and City Clerk are hereby di-
Dubuque Industrial Center West 2od rected to execute the document on behalf of
Addition, by instrument dated April 16, the City of Dubuque.
2002, recorded on April 30, 2002 as In- The City Clerk is hereby direded to record
strument No. 7990-02; the document with the Dubuque County Re-
Dubuque Industrial Center West 5t° corder.
Addition, by instrument dated June 6, Passed, approved and adopted this 5t° day
2006, recorded July 7, 2006 as Instru- of July, 2017.
ment no. 2006-10389; Roy D. Buol, Mayor
Dubuque Industrial Center North First Attest: Kevin S. Firnstahl, City Clerk
Addition, by instrument February 7,
2011, recorded February 11, 2011 as 9. Complete Action on Issuance of
Instrument no. 2011-2684; and $3,498,000 Sewer Utility Revenue Capital
Whereas, Article II of the Covenants allows Loan Notes, Series 2017 (State Revolving
City to add additional land to the Properties by Loan Fund) (Kerper Project): City Manager
instrument duly executed and recorded; and recommending approval of the suggested pro-
Whereas, the City Council desires to add ceedings to complete action required on the
the following City-owned property to the Prop- $3,498,000 Sewer Utility Revenue Capital
erties covered by the Covenants: Loan Notes from the State of lowa Revolving
Lot one (1) of Graf Farm Subdivi- Fund Loan Program. Upon motion the docu-
sion #2, Dubuque County, lowa, ac- ments were received and filed and Resolution
cording to the recorded plat thereof; No. 232-17 Series Resolution authorizing and
Lot 1 of Lot 1 of Lot 1 of Lot 1 of providing for the issuance and securing the
West One-half of Northeast One- payment of $3,498,000 Sewer Revenue Capi-
quarter, Section 25, Township 89 tal Loan Notes, Series 2017 by the City of
North, Range 1 East of the 5th Princi- Dubuque, lowa under the provisions of Chap-
pal Meridian, in Center Township, ter 384 of the Code of lowa, providing for a
Dubuque County, lowa; method of payment thereof, approving Loan
Lot 2 in "W.A. Norman Place" in and Disbursement Agreement, and other re-
Section 25, Center Township, Dubuque lated matters was adopted.
County, lowa, according to the plat
thereof; RESOLUTION NO. 232-17
The NW '/a of the SE '/a of Section SERIES RESOLUTION AUTHORIZING AND
25, Township 89 North, Range 1 East PROVIDING FOR THE ISSUANCE AND SE-
of the 5t° P.M., in Center Township, CURING THE PAYMENT OF $3,498,000
Dubuque County, lowa; SEWER REVENUE CAPITAL LOAN NOTES,
Lot 1 of Lot 1 of the NW '/a of the SERIES 2017 BY THE CITY OF DUBUQUE,
NW'/a and the South '/�of the NW'/a in IOWA UNDER THE PROVISIONS OF CHAP-
Sedion 29, Township 89 North, Range TER 384 OF THE CODE OF IOWA, PROVID-
2 East of the 5t° P.M., Dubuque Coun- ING FOR A METHOD OF PAYMENT
ty, lowa; and THEREOF, APPROVING LOAN AND DIS-
Lot One (1) of Dubuque Industrial BURSEMENT AGREEMENT, AND OTHER
Center Seventh Addition in the City of RELATED MATTERS
Dubuque, lowa, according to the rec- Whereas, the City Council of the City of
orded platthereof; Dubuque, lowa (the "City") has heretofore es-
Lot Two (2) of McFadden Farm tablished charges, rates and rentals for ser-
Book 147 Regular Session, July 5, 2017 303
vices which are and will continue to be collect- issued on a parity with the Notes in accord-
ed as system revenues of the Municipal Sewer ance with the provisions of Section 23 hereof.
System, and said revenues are available for Provided, however, Additional Bonds which
the payment of sewer revenue bonds or notes, are SRF Obligations shall not be secured by
subjectto the following premises; and the Reserve Fund and shall not be subject to
Whereas, by Resolution No. 437-08 the Reserve Fund Requirement.
passed and approved on December 15, 2008 "AgreemenY' shall mean Loan and Dis-
(the "Master Resolution"), the City Council bursement Agreement dated as of the Closing
heretofore authorized the issuance of between the City and the Original Purchaser
$2,000,000 Sewer Revenue Capital Loan relating to the Loan made to the City under the
Notes, Series 2009A, for the purpose of fi- Program.
nancing the construction of the Series 2009A "City" or "Issuer" shall mean the City of
Projed described therein, and to pay related Dubuque, lowa.
costs of issuance; and "Closing" shall mean the date of execution
Whereas, Issuer proposes to issue its of the Agreement and delivery of the Series
Sewer Revenue Capital Loan Notes, Series 2017 Notes to the Original Purchaser and the
2017, to the extent of $3,498,000, for the pur- funding of the Loan by the Trustee.
pose of defraying the costs of the Series 2017 "Loan" shall mean the total principal
Projects as set forth in Section 1 of this Reso- amount allocated by the Original Purchaser to
lution; and, it is deemed necessary and advis- the City under the Program, equal in amount to
able and in the best interests of the City that a the aggregate principal amount of the Series
form of Loan and Disbursement Agreement by 2017 Notes.
and between the City and the lowa Finance "Master Resolution" means the City Coun-
Authority, be approved and authorized; and cil Resolution No. 437-08, passed and ap-
Whereas, notice of the intention of the City proved on December 15, 2008, entitled "Mas-
Council to take action for the issuance of not to ter Resolution relating to the issuance of Sew-
exceed $3,600,000 Sewer Revenue Capital er Revenue Bonds by the City of Dubuque,
Loan Notes has heretofore been duly pub- lowa under the provisions of Chapter 384 of
lished and no objections to such proposed the Code of lowa, authorizing and providing for
action have been filed, and the City therefore the issuance and securing the payment of
deems it desirable to enter into a Loan and $2,000,000 Sewer Revenue Capital Loan
Disbursement Agreement and issue the Notes; Notes, Series 2009A, providing for a method of
and payment thereof, and related matters," as the
Whereas, Section 8.3 of the Master Reso- same may be amended from time to time.
lution authorizes the issuance of additional "Original Purchaser" means the lowa Fi-
Senior Bonds, including Senior SRF Bonds, by nance Authority, as the purchaser of the Se-
the City from time to time, if all of the condi- ries 2017 Notes from the City at the time of
tions set forth therein are satisfied; and their original issuance.
Whereas, the Council has determined to "Program" shall mean the Iowa Water Pol-
issue additional Senior SRF Bonds, and has lution Control Works Financing Program ad-
determined that, upon passage of this Series ministered by the Original Purchaser.
Resolution all of the requirements of Article "Series 2017 Notes" means the$3,498,000
VIII of the Master Resolution with respect to Sewer Revenue Capital Loan Notes, Series
the issuance of additional Senior SRF Bonds 2017, dated the date of delivery, authorized to
will have been satisfied. be issued pursuantto this Series Resolution.
NOW, THEREFORE, BE IT RESOLVED "Series 2017 Costs of Issuance AccounY'
BY THE CITY COUNCIL OF THE CITY OF means the account by that name within the
DUBUQUE, IN THE COUNTY OF DUBUQUE, Projed Fund established in Sedion 5.1 of the
STATE OF IOWA: Master Resolution.
ARTICLE I "Series 2017 Projects" shall mean the Pro-
DEFINITIONS jeds being financed with the proceeds of the
Sedion 1.1. Definitions. 6ccept as other- Series 2017 Notes, consisting of the acquisi-
wise provided below in this Article I, all words tion, construction, reconstruction, extending,
and terms defined in Article I of the Master remodeling, improving, repairing and equip-
Resolution shall have the same meanings in ping all or part of the Municipal Sewer System,
this Series Resolution as such defined words including those costs associated with the
and terms are given in Article I of the Master Kerper Boulevard sanitary sewer reconstruc-
Resolution. In addition, the following terms tion project, as described generally in the
shall have the following meanings in this Se- Agreement and more particularly in the plans
ries Resolution unless the text expressly or by and specifications on file from time to time with
necessary implication requires otherwise: the City Clerk.
"Additional Bonds" shall mean any sewer "Series 2017 Projects AccounY' means the
revenue bonds or notes or other obligations account by that name within the Project Fund
Book 147 Regular Session, July 5, 2017 304
established in Section 5.1 of the Master Reso- automated clearing house system transfer to
lution. the registered owner of the Bond. The Series
"Series 2017 Rebate AccounY' means the 2017 Notes may be in the denomination of
account by that name within the Rebate Fund $1,000 or multiples thereof and shall at the
established in Sedion 6.10 of the Master Res- request of the Original Purchaser be initially
olution. issued a single note numbered R-1 in the
"Series Resolution" means this Resolution amount of$3,498,000.
of the Council. Sewer Revenue Capital Loan Notes, Se-
"Tax Exemption Certificate" means the Tax ries 2017, of the Issuer in the amount of
Exemption Certificate executed by the Treas- $3,498,000, shall be issued to evidence the
urer and delivered at the time of issuance and obligations of the Issuer under the Agreement
delivery of the Series 2017 Notes. pursuant to the provisions of Sections 384.24A
"Trustee" shall mean Wells Fargo Bank, and 384.82 of the Code of lowa for the afore-
National Association, with its principal office said purpose. The Series 2017 Notes shall be
located in the City of Des Moines, lowa, and its designated "SEWER REVENUE CAPITAL
successors and any corporation resulting from LOAN NOTE, SERIES 2017", be dated the
or surviving any consolidation or merger to date of delivery, and bear interest at the rate of
which it or its successors may be a party and 1.75% per annum from the date of each ad-
any successor trustee under the Program. vancement made under the Agreement, until
"Yield Restricted" shall mean required to payment thereof, at the office of the Paying
be invested at a yield that is not materially Agent, said interest payable on December 1,
higher than the yield on the Notes under Sec- 2017, and semi-annually thereafter on the 1st
tion 148(a) of the Internal Revenue Code or day of June and December in each year until
regulations issued thereunder. maturity as set forth on the Debt Service
ARTICLE II Schedule attached to the Agreement as Exhib-
THE SERIES 2017 NOTES it A and incorporated herein by this reference.
Sedion 2.1. Series 2017 Notes - Authori- As set forth on said Debt Service Schedule,
zation and Purpose. Pursuant to the provisions principal shall be payable on June 1, 2018 and
of the Master Resolution and in particular Sec- annually thereafter on the 1�� day of June in
tion 8.3 thereof, there are hereby authorized to the amounts set forth therein until principal and
be issued, negotiable, serial, fully registered interest are fully paid, except that the final in-
Sewer Revenue Capital Loan Notes, Series stallment of the entire balance of principal and
2017, in the aggregate principal amount of interest, if not sooner paid, shall become due
$3,498,000, dated the date of delivery, for the and payable on June 1, 2037. Notwithstanding
purpose of construding the Series 2017 Pro- the foregoing or any other provision hereof,
jeds and paying Project Costs relating thereto, principal and interest shall be payable as
and to pay related Costs of Issuance. The Se- shown on said Debt Service Schedule until
ries 2017 Notes shall be issued as Senior SRF completion of the Project, at which time the
Bonds under the terms of the Master Resolu- final Debt Service Schedule shall be deter-
tion, shall be designated "CITY OF DUBU- mined by the Trustee based upon actual ad-
QUE, IOWA, SEWER REVENUE CAPITAL vancements, final costs and completion of the
LOAN NOTES, SERIES 2017", for the pur- Project, all as provided in the administrative
pose of paying costs of the Project. The Coun- rules governing the Program. Payment of prin-
cil, pursuant to Sections 384.24A and 384.82 cipal and interest on the Notes shall at all
of the Code of lowa, hereby finds and deter- times conform to said Debt Service Schedule
mines that it is necessary and advisable to and the rules of the Program.
issue said Notes authorized by the Agreement In addition to the payment of principal of
and this Resolution. and interest on the Series 2017 Notes, the City
The Series 2017 Notes and the Registrar's also agrees to pay the Initiation Fee and the
Certificate of Authentication shall be in sub- Servicing Fee as defined and in accordance
stantially the form set forth in 6chibit A at- with the terms of the Agreement.
tached hereto, with such variations, omissions, Section 2.2. Issuance of Series 2017 Notes
substitutions and insertions as are required or in Certificated Form. The Series 2017 Notes
permitted by this Series Resolution. shall be issued as Bonds in Authorized De-
The Series 2017 Notes shall be executed nominations and may at the request of the
by the manual or facsimile signature of the Original Purchaser be issued in the denomina-
Mayor and attested by the manual or facsimile tion of$1,000 or multiples thereof, or as a sin-
signature of the City Clerk of the Council, and gle Series 2017 Note in the full authorized
shall be fully registered as to both principal amount thereof, and shall be registered in the
and interest as provided in this Series Resolu- name of the Original Purchaser.
tion; principal, interest and premium, if any Section 2.3. Appointment of Registrar. The
shall be payable at the office of the Paying Treasurer is hereby appointed as Registrar for
Agent by mailing of a check, wire transfer or the Series 2017 Notes under the terms of this
Book 147 Regular Session, July 5, 2017 305
Series Resolution. secured by or payable from amounts held in
Sedion 2.4. Execution, Authentication and the Debt Service Reserve Fund established in
Delivery of the Series 2017 Notes. Upon the the Master Resolution. Upon issuance of the
adoption of this Resolution, the Mayor and City Series 2017 Notes, the amount to be accumu-
Clerk shall execute and deliver the Series lated and maintained in the Debt Service Re-
2017 Notes to the Registrar, who shall authen- serve Fund shall not be increased, but shall
ticate the same and deliver the same to or continue to remain equal to 100% of the Debt
upon order of the Original Purchaser. No such Service Reserve Requirement computed on a
Series 2017 Note shall be valid or obligatory basis which includes all Senior Bonds which
for any purpose or shall be entitled to any right will be Outstanding immediately after issuance
or benefit hereunder unless the Registrar shall of the Series 2017 Notes and which are not
duly endorse and execute on such Series Senior SRF Bonds.
2017 Note a Certificate of Authentication sub- ARTICLE V
stantially in the form of the Certificate herein TAX PROVISIONS
set forth. Such Certificate upon any such Se- Sedion 5.1. Disposition of Bond Proceeds;
ries 2017 Note executed on behalf of the Issu- Arbitrage Not Permitted. The City reasonably
er shall be conclusive evidence that the Series expects and covenants that no use will be
2017 Note so authenticated has been duly made of the proceeds from the issuance and
issued under this Series Resolution and that sale of the Series 2017 Notes issued hereun-
the holder thereof is entitled to the benefits of der which will cause any of the Series 2017
this Series Resolution. Notes to be classified as arbitrage bonds with-
ARTICLE III in the meaning of Section 148(a) and (b) of the
REDEMPTION OF BONDS Code, and that throughout the term of said
Section 3.1. Optional Redemption. The Se- Series 2017 Notes it will comply with the re-
ries 2017 Notes are subject to optional re- quirements of said statute and regulations
demption at a price of par plus accrued inter- issued thereunder.
est (i) on any date upon receipt of written con- To the best knowledge and belief of the
sent of the Original Purchaser or (ii) in the City, there are no facts or circumstances that
event that all or substantially all of the Series would materially change the foregoing state-
2017 Projects are damaged or destroyed. Any ments or the conclusion that it is not expected
optional redemption of the Series 2017 Notes that the proceeds of the Series 2017 Notes will
may be made from any funds regardless of be used in a manner that would cause such
source, in whole or from time to time in part, in Bonds to be arbitrage bonds. Without limiting
inverse order of maturity, by giving not less the generality of the foregoing, the City hereby
than thirty (30) days notice of redemption by agrees to comply with the provisions of the
certified or registered mail to the Original Pur- Tax Exemption Certificate and the provisions
chaser (or any other registered owner of the of the Tax Exemption Certificate are hereby
Series 2017 Notes). The terms of redemption incorporated by reference as part of this Series
shall be par, plus accrued interest to date of Resolution. The Treasurer is hereby direded
call. The Series 2017 Notes are also subject to to make and insert all calculations and deter-
mandatory redemption as set forth in Section 5 minations necessary to complete the Tax Ex-
of the Agreement. emption Certificate in all respects and to exe-
ARTICLE IV cute and deliver the Tax Exemption Certificate
DELIVERY AND APPLICATION OF PRO- at issuance of the Series 2017 Notes to certify
CEEDS as to the reasonable expectations and cove-
Sedion 4.1. Application of Series 2017 nants of the City at that date.
Note Proceeds. The Series 2017 Notes shall The City covenants that it will treat as Yield
be delivered as provided in Sections 6.1 and Restrided any proceeds of the Series 2017
6.2 and the proceeds thereof shall be applied Notes remaining unexpended after three years
as follows: from the issuance and any other funds re-
(i) An amount sufficient to pay the quired by the Tax Exemption Certificate to be
Costs of Issuance of the Series 2017 so treated. If any investments are held with
Notes shall be deposited into the Series resped to the Series 2017 Notes, the City
2017 Costs of Issuance Account. shall treat the same for the purpose of restrict-
(ii) The balance of proceeds shall be ed yield as held in proportion to the original
deposited into the Series 2017 Projects principal amounts of each issue.
Account of the Project Fund and applied The City covenants that it will exceed any
thereafter to pay Project Costs of the Se- investment yield restriction provided in this
ries 2017 Projects. Series Resolution only in the event that it shall
Section 4.2. No Adjustment to Debt Ser- first obtain an opinion of bond counsel that the
vice Reserve Requirement. The Series 2017 proposed investment action will not cause the
Notes shall be issued as Senior SRF Bonds Series 2017 Notes to be classified as arbitrage
under the Master Resolution, and shall not be bonds under Sedion 148(a) and (b) of the
Book 147 Regular Session, July 5, 2017 306
Code. Resolution, the officers, employees and agents
The City covenants that it will proceed with of the City are hereby authorized to do all such
due diligence to spend the proceeds of the acts and things and to execute and deliver any
Series 2017 Notes for the purpose set forth in and all other documents, agreements, certifi-
this Series Resolution. The City further cove- cates and instruments relating to the Series
nants that it will make no change in the use of 2017 Notes, the investment of the proceeds
the proceeds available for the construction of thereof and the other transactions contemplat-
facilities or change in the use of any portion of ed on the part of the City by this Series Reso-
the facilities constructed therefrom by persons lution, including, but not limited to, the Tax
other than the City or the general public unless Exemption Certificate referred to in Section 5.1
it has obtained an opinion of bond counsel or a hereof.
revenue ruling that the proposed project or use Sedion 6.4. Construction. 6ccept to the
will not be of such character as to cause inter- extent set forth herein, all of the applicable
est on any of the Series 2017 Notes not to be terms, conditions and provisions of the Master
exempt from federal income taxes in the hands Resolution shall be deemed and construed to
of holders under the provisions of the Code. apply to the Series 2017 Notes and are hereby
Section 5.2. Additional Covenants, Repre- incorporated by reference and made a part
sentations and Warranties of the City. The City hereof to the same extent as if fully set forth
certifies and covenants with the purchasers herein. Except as may otherwise be provided
and holders of the Series 2017 Notes from herein, the Master Resolution shall remain in
time to time outstanding that the City through full force and effect.
its officers, (a) will make such further specific Section 6.5. Severability. If any section,
covenants, representations and assurances as paragraph, or provision of this Series Resolu-
may be necessary or advisable; (b) comply tion shall be held to be invalid or unenforcea-
with all representations, covenants and assur- ble for any reason, the invalidity or unenforce-
ances contained in the Tax Exemption Certifi- ability of such section, paragraph or provision
cate, which Tax Exemption Certificate shall shall not affect any of the remaining provi-
constitute a part of the contrad between the sions.
City and the owners of the Series 2017 Notes; Section 6.6. Repeal of Conflicting Ordi-
(c) consult with bond counsel (as defined in nances or Resolutions and Effective Date. All
the Tax Exemption Certificate); (d) pay to the other ordinances, resolutions and orders, or
United States, as necessary, such sums of parts thereof, in conflict with the provisions of
money representing required rebates of ex- this Series Resolution are, to the extent of
cess arbitrage profits relating to the Series such conflid, hereby repealed; and this Series
2017 Notes; (e) file such forms, statements Resolution shall be in effect from and after its
and supporting documents as may be required adoption.
and in a timely manner; and (� if deemed nec- Passed and approved this 5t° day of July,
essary or advisable by its officers, to employ 2017.
and pay fiscal agents, financial advisors, attor- Roy D. Buol, Mayor
neys and other persons to assist the City in Attest: Kevin S. Firnstahl, City Clerk
such compliance.
ARTICLE VI 10. Delinquent Weed/Grass Cutting and
MISCELLANEOUS PROVISIONS Garbage/Junk Removal Collection Accounts:
Section 6.1. Delivery of Series 2017 Notes. City Manager recommending approval of the
The City shall deliver the executed Agreement levy of special assessments for
and the Series 2017 Notes to the Original Pur- Weed/JunWGarbage Enforcement Programs
chaser at the price of par on the date of Clos- with the Health Services Department from Au-
ing. Delivery of the executed Agreement and gust 25, 2016 to June 15, 2017. Upon motion
the Series 2017 Notes shall be made to the the documents were received and filed and
Original Purchaser as soon as practicable after Resolution No. 233-17 Adopting the Schedule
the effective date of this Series Resolution. of Assessments for 2017 and directing the City
Section 6.2. Approval of Agreement. The Clerk to certify the Schedule of Assessments
Agreement in substantially the form presented to the County Treasurer and to publish notice
at this meeting of the Council is hereby author- thereof was adopted.
ized and approved, and the Mayor and City
Clerk are authorized to execute and deliver the
Agreement, with such changes therein as such
officials deem appropriate, for and on behalf of
the City, such officers' signatures thereon be-
ing conclusive evidence of such officials' and
the City's approval thereof.
Section 6.3. General Authorization. From
and after the date of adoption of this Series
Book 147 Regular Session, July 5, 2017 307
RESOLUTION NO. 233-17 7 Richards Sub; Dolan; 08/25/2016; $60.00;
ADOPTING THE SCHEDULE OF ASSESS- $25.00; $85.00
MENTS FOR 2017 AND DIRECTING THE Pinard St, Vacant Lot; Ronald Lee Hixon;
CITY CLERK TO CERTIFY THE SCHEDULE 27912 Centerville Rd; La Motte, IA 52054;
OF ASSESSMENTS TO THE COUNTY 1 01 340801 6; Lot 1-50 Bellevue Add; Hoyne;
TREASURER AND TO PUBLISH NOTICE 11/11/2016; $45.00; $25.00; $70.00
THEREOF 2721 Elm St; Travis& Kendra Kaiser; 2721
NOW, THEREFORE, BE IT RESOLVED Elm St; Dubuque, IA 52001; 1 01 31 82023;
BY THE CITY COUNCIL OF THE CITY OF S1/2 of Lot 191 Glendale add; Dolan;
DUBUQUE, IOW A: 02/02/2017; $100.00; $25.00; $125.00
That after full consideration of the Sched- Vacant Lot University Ave; Deane C & Ma-
ule of Assessments attached hereto for nolita Dement P.O. Box 836 Dubuque IA
weed/grass cutting and junk/garbage removal 52004; 10251290161025129017; Lot2-1-1-10
tax assessments which Schedule of Assess- Kelly's Sub & Lot 2-1-11 Kelly's Sub; Dolan;
ments was filed in the office of the City Clerk O5/04/2017; $60.00; $25.00; $85.00
on the 29t° day of June, 2017, the said Sched- Vacant Lot Air Hill; Louis George Mihalakis
ule of Assessments be and the same is hereby 1212 Miller Rd Dubuque IA 52003;
approved and adopted. 1 0251 3001 1; N 40'-S 1/2-Lot 12, S 35'-S 1/2-
That there be, and is hereby assessed and Lot 12, &S 60'-Lot 13 all in Kelly's Sub; Dolan;
levied as a lien upon the real property, the O5/04/2017; $60.00; $25.00; $85.00
respective sums indicated. 2704 Andrew Ct; Mary Ellen Clark; 2704
That the City Clerk be and is hereby di- Andrew Ct; Dubuque, IA 52001; 1014331002;
rected to certify said schedule to the County LOT 6 Richard's Sub; Dolan; O5/15/2017;
Treasurer of Dubuque County, lowa, and to $90.00; $25.00; $115.00
publish notice of said certification once each 973 Riker St; Gail Szudarski; 973 Riker St;
week for two consecutive weeks in the manner Dubuque, IA 52003; 1025457021; Lot 2 Riker
provided in lowa Code § 362.3, the first publi- Place; Dolan; O5/16/2017; $180.00; $25.00;
cation of which shall be not more than fifteen $205.00
days from the date of filing of the final sched- 3187 Highland Park Dr.; Scott Lothe; 3187
ule. On or before the date of the second publi- Highland Park Dr.; Dubuque, IA 52001;
cation of the notice, the City Clerk shall also 1015151009; Lot 10 Blk 1 Highland Park Es-
mail a copy of said notice to property owners tates; Dolan; O5/17/2017; $90.00; $25.00;
whose property is subject to assessment, as $115.00
provided and directed in lowa Code§384.60. 2240 Hoyt St; Timothy E Schulte; 2240
The assessments may be paid in full or in HoytSt Dubuque, IA 52001; 1023327001; LOT
part without interest at the Utility Billing Office, 1-3 Pfohls Sub; Hoyne; O5/18/2017; $78.75;
City Hall, 50 W. 13t° Street, Dubuque, lowa, at $25.00; $10375
any time within 30 days after the date of the 1100 Roosevelt Ave; Gary Bernhard; 1100
first publication of the notice of the filing of the Roosevelt Dubuque, IA 52001; 1 01 2201 003;
Schedule of Assessments with the County LOT 4 Wersinger Sub; Hoyne; O5/18/2017;
Treasurer. After 30 days, unpaid assessments $78.75; $25.00; $103.75
are payable atthe County Treasurer's Office, 2815 Davenport St; Anthony Petty; 2815
Dubuque County Courthouse, 720 Central Davenport St; Dubuque, IA 52001;
Avenue, Dubuque, lowa, and charges shall be 1014430002; Lot 16 Mc Daniel's Park Hill;
collected in the same manner as general Dolan; O5/24/2017; $90.00; $25.00; $115.00
property taxes against the respective parcels 1005 Garfield Ave; Chad Kopp; 3835 An-
of the property set opposite the name of the drea St Dubuque IA 52002; 1118351014; Lot 4
propertyowner. Mc Craney's 2od Add; Dolan; 06/01/2017;
Passed, approved and adopted this 5t° day $90.00; $25.00; $115.00
of July, 2017. 2252 Francis St; Nick E Henkel; 2252
Roy D. Buol, Mayor Francis St; Dubuque, IA 52001; 1024129007;
Attest: Kevin S. Firnstahl, City Clerk Lot 15 Tivoli Add; Dolan; O5/31/2017; $85.00;
$25.00; $110.00
SCHEDULE OF ASSESSMENTS 854 Kaufmann Ave; Michael D Canganelli
WEED,JUNK. GARBAGE ENFORCEMENT 854 Kaufmann Ave Dubuque IA 52001;
PROGRAMS 1014453009; Lot 7 Burtons Add; Dolan;
From August 25, 2016-June 15, 2017 06/02/2017; $180.00; $25.00; $205.00
Property Address; Owner; Parcel; Legal 12 Collins St; Barbara A Keehner 12 Col-
Description; Contractor; Date cut / cleaned lins St Dubuque IA 52001; 1026326001; N 29'
up by contractor; Expense; Admin. Fee; Lot 48 & Lot 47 O'Neills Sub No 3; Dolan;
Total O5/24/2017; $90.00; $25.00; $115.00
2708 Andrew Ct; Holly Lynch; 2708 An- 2722 Elm St; Jerome John Jr Meyer 2722
drewCt; Dubuque, IA52001; 1014331001; Lot Elm St Dubuque IA 52001; 1013183008; Lot
Book 147 Regular Session, July 5, 2017 308
204 Glendale Add; Dolan; O5/25/2017; $90.00; of the SE '/a of the SW '/a of Sedion 6, T88N,
$25.00; $115.00 R2E of the 5th PM, Dubuque County, lowa.
3478 Kimberly Dr.; Ronald C & Joyce E NOW THEREFORE, BE IT RESOLVED
Steuer; 3478 Kimberly Dr. Dubuque IA 52002; BY THE CITY COUNCIL OF THE CITY OF
1021227004; Lot 16 Blk 1 Sunset Park Sub; DUBUQUE, IOWA:
Dolan; 06/02/2017; $60.00; $25.00; $85.00 Sedion 1. The City Council of the City of
714 Ries St; Adam J Shepherd; 714 Ries Dubuque, lowa, hereby approves of, accepts
St; Dubuque, IA 52001; 1013406016; Lot 3-4 and consents to the Grant of Easement for
Geigers SUB; Dolan; 06/O5/2017; $67.50; Water Main Utility through, over and across
$25.00; $92.50 Part of Lot 1 of Hardie Place, and Part of Lot
Vacant Lot University Ave; Deane C & Ma- 2-1-1-1 of the SE '/a of the SW'/a of Section 6,
nolita Dement; P.O. Box 836; Dubuque IA T88N, R2E of the 5t° PM, Dubuque County,
52004; 1025129016 1025129017; LOT 2-1-1- lowa as shown on the attached Grant of
10 Kelly's SUB & Lot 2-1-11 Kelly's SUB; Do- Easement for Water Main Utility and Exhibit A,
lan; 06/O5/2017; $67.50; $25.00; $92.50 from Nancy A. and Thomas P. Burds, a copy
2520 Stafford St; Gary A & Annette R of which is attached hereto.
Haas; 2520 Stafford St; Dubuque, IA 52001; Sedion 2. The Mayor is hereby authorized
1013411005; Lot 2 A Stine's Sub; Dolan; and directed to execute and acknowledge on
06/09/2017; $60.00; $25.00; $85.00 behalf of the City of Dubuque any instruments
1015 Rockdale Rd; Wayne M Sharkey in connedion herewith.
1015 Rockdale Rd Dubuque, IA 52003; Sedion 3. The City Clerk is hereby author-
1036403039; Lot 1 A H Oeth Sub #5; Dolan; ized to and directed to record this resolution
06/13/2017; $150.00; $25.00; $175.00 and Grant of Easement for Water Main Utility
with the Dubuque County Recorder.
11. Windsor Avenue Sanitary Sewer Man- Passed, approved and adopted this 5t° day
hole Rehabilitation Project Award: City Man- of July, 2017.
ager recommending that the award for the Roy D. Buol, Mayor
2017 Windsor Avenue Sanitary Sewer Man- Attest: Kevin S. Firnstahl, City Clerk
hole Project to Drew Cook& Sons 6ccavating
be officially recorded in the minutes of the City 13. Phase II 30-inch Forcemain Project
Council. Upon motion the documents were Acceptance: City Manager is recommending
received and filed and made a Matter of Rec- acceptance of the construction contract for
ord. Phase II of the 30 Inch Force Main Relocation
Project from 11t° Street to 12�° Street as com-
12. Accepting a Grant of Easement for Wa- pleted by Top Grade Excavating, Inc. Upon
ter Main Utility - 14650 Mile Hill Lane: City motion the documents were received and filed
Manager recommending approval and ac- and Resolution No. 235-17 Accepting Phase II
ceptance of a Grant of Easement for Water of the 30-Inch Force Main Relocation Project
Main Utility across Nancy and Thomas Burds' from 11t° Street to 12�° Street and authorizing
property at 14650 Mile Hill Lane in Dubuque the payment of the contract amount to the
County, lowa, as part of the Westside Water Contractorwasadopted.
System Improvements 2017: Contract C Hwy
20 Water Main Extension. Upon motion the RESOLUTION NO. 235-17
documents were received and filed and Reso- ACCEPTING PHASE II OF THE 30-INCH
lution No. 234-17 Accepting a Grant of Ease- FORCE MAIN RELOCATION PROJECT
ment for Water Main Utility through, over and FROM 11T" STREET TO 12T" STREET AND
across part of Lot 1 of Hardie Place, and part AUTHORIZING THE PAYMENT OF THE
of Lot 2-1-1-1 of the SE 1/4 of the SW 1/4 of CONTRACT AMOUNT TO THE CONTRAC-
Sedion 6, T88N, R2E of the 5th PM, Dubuque TOR
County, lowa was adopted. Whereas, the Public Improvement Contract
for Phase II of the 30-Inch Force Main Reloca-
RESOLUTION NO. 234-17 tion Project from 11t° Street to 12�° Street (the
ACCEPTING A GRANT OF EASEMENT FOR Project) has been completed and the City En-
WATER MAIN UTILITY THROUGH, OVER gineer has examined the work and filed a cer-
AND ACROSS PART OF LOT 1 OF HARDIE tificate stating that the Project has been com-
PLACE, AND PART OF LOT 2-1-1-1 OF THE pleted according to the terms of the Public
SE Ya OF THE SW Ya OF SECTION 6, T88N, Improvement Contract and that the City Engi-
R2E OF THE STH PM, DUBUQUE COUNTY, neer recommends that the Project be accept-
IOWA ed; and
Whereas, Nancy A. and Thomas P. Burds, NOW THEREFORE, BE IT RESOLVED
have executed a Grant of Easement for Water BY THE CITY COUNCIL OF THE CITY OF
Main Utility through, over and across part of DUBUQUE, IOWA:
Lot 1 of Hardie Place, and Part of Lot 2-1-1-1 Section 1. The recommendation of the City
Book 147 Regular Session, July 5, 2017 309
Engineer is approved and the Project is hereby Whereas, East Central Intergovernmental
accepted. Association (ECIA) and Jackson County Eco-
Section 2. The Finance Director is hereby nomic Alliance (JCEA) have entered into dis-
directed to pay to the Contractor from the Re- cussions and negotiations with KIB to fund a
location of 30-Inch Force Main around Old community coach for the Grant Wood Loop
Public Works Garage fund for the contract partners in Dubuque, Jackson and Jones
amount of $355,517.76 less any retained per- Counties; and
centage provided for therein as provided in Whereas, the HTTP requires each partici-
lowa Code chapter 573, and to pay such re- pating community/county to sign a Partnership
tainage only in accordance with the provisions Agreement which will be in effect for a period
of lowa Code chapter 573. of five years with optional renewal on an an-
Passed, approved and adopted this 5t° day nual basis dependent on program funding and
of July, 2017. an annual evaluation by the KIB program; and
Roy D. Buol, Mayor Whereas, the KIB program will provide
Attest: Kevin S. Firnstahl, City Clerk $75,000 a year for five years for Home Town
Pride coaching activities with the participating
CITY ENGINEER'S CERTIFICATE OF FINAL communities/counties contributing the required
COMPLETION OF PHASE II OF THE 30- local match of $25,000 a year for five years
INCH FORCE MAIN RELOCATION PRO- split accordingly among the communities; and
JECT FROM 11T"STREET TO 12T"STREET Whereas, the City of Dubuque, has agreed
The undersigned City Engineer of the City to become a partner in the Keep lowa Beauti-
of Dubuque, lowa, hereby certifies that he has ful Home Town Pride program with the Grant
inspected Phase II of the 30-Inch Force Main Wood Loop partners and Dubuque Convention
Relocation Project from 11t° Street to 12�° and Visitors Bureau has agreed to provide
Street, and that said Projed has been per- $2,500 per year for five years for the local
formed in compliance with the terms of the match for Dubuque.
Public Improvement Contract, and that the NOW THEREFORE BE IT RESOLVED BY
total cost of the completed work is THE CITY COUNCIL OF THE CITY OF
$406,085.44. DUBUQUE, IOWA:
Dated this 28t°day of June, 2017. The City of Dubuque supports and endors-
/s/Gus Psihoyos, City Engineer es the Grant Wood Loop program and partner-
Filed in the office of the City Clerk on the 3rd ship with the Keep lowa Beautiful Home Town
day of July, 2017. Pride program and agrees to execute the
/s/Kevin S. Firnstahl, City Clerk Home Town Pride Partnership Agreement and
Dubuque Convention and Visitors Bureau
14. Keep lowa Beautiful Home Town Pride pledges the local match as outlined above.
Program Partnership Agreement: City Manag- Passed, approved and adopted this 5t° day
er recommending approval for the Mayor to of July, 2017.
execute the Keep lowa Beautiful Home Town Roy D. Buol, Mayor
Pride Program Partnership Agreement. Upon Attest: Kevin S. Firnstahl, City Clerk
motion the documents were received and filed
and Resolution No. 236-17 Supporting partici- 15. Federal Transit Administration Low- or
pating in the Grant Wood Loop and Keep lowa No-Emission Grant Application: City Manager
Beautiful Home Town Pride Program Partner- recommending approval to submit a
ship Program was adopted. $2,206,750 application to the Federal Transit
Administration Low- or No-Emission Grant
RESOLUTION NO. 236-17 Program to be used toward replacement of 12
SUPPORTING PARTICIPATING IN THE of the Jule Transit buses, installation of a time-
GRANT WOOD LOOP AND KEEP IOWA fill CNG station at the Dubuque Metropolitan
BEAUTIFUL HOME TOWN PRIDE PRO- Area Solid Waste Agency that will capture
GRAM PARTNERSHIP PROGRAM methane and convert it to vehicle fuel, and the
Whereas, Keep lowa Beautiful (KIB) has necessary investments in facilities and staff to
agreed to provide grant funding to support maintain the new fleet. Upon motion the doc-
community coaching activities through the uments were received and filed and Resolution
Home Town Pride Program (HTTP) to the No. 237-17 Authorizing the City Manager to
Grant Wood Loop partnership; and submit an application to the Federal Transit
Whereas, the objective of the KIB HTTP Administration Low- or No-Emission Grant
program is to further the economic and cultural Program and to use budgeted funds and pri-
vitality of the region, counties, and the com- vate business financial commitments as the
munities by supporting, facilitating, and further- required local match was adopted.
ing the implementation of area, county, and
community plans in a coordinated and partner- RESOLUTION NO. 237-17
ship strategy; and AUTHORIZING THE CITY MANAGER TO
Book 147 Regular Session, July 5, 2017 310
SUBMIT AN APPLICATION TO THE FED- 16. lowa Commission on Volunteer Service
ERAL TRANSIT ADMINISTRATION LOW OR 2017-18 AmeriCorps Grant Application for
NO EMISSION GRANT PROGRAM AND TO Summer 2018: City Manager recommending
USE BUDGETED FUNDS AND PRIVATE approval of the lowa Commission on Volunteer
BUSINESS FINANCIAL COMMITMENTS AS Service 2017-18 AmeriCorps Grant application
THE REQUIRED LOCAL MATCH (AmeriCorps Partners in Learning Summer
Whereas, the Federal Transit Administra- Program). Upon motion the documents were
tion (FTA) provides funding for the Low or No received, filed and approved.
Emission Bus Discretionary Grant Program to
be used for the purchase of low or no emission 17. lowa Department of Transportation
vehicles and the related equipment and facili- Supplemental Agreements: City Manager rec-
ties needed to support those vehicles; and ommending approval of several lowa Depart-
Whereas, the FTA grant program requires ment of Transportation Supplemental Agree-
an 85/15 match (85% federal funds; 15% local ments for Local Primary Highway Mainte-
funds) for acquiring vehicles and a 90/10 nance, Pavement Markings, Julien Dubuque
match (90% federal funds; 10% local funds) for Bridge Sidewalk Maintenance, Street Sweep-
supporting equipment and facilities; and ing Maintenance and Traffic Signal Mainte-
Whereas, the City Council has direded nance between the lowa DOT and the City of
staff to pursue the development of renewable Dubuque. Upon motion the documents were
natural gas supplies ("BioCNG") at the Dubu- received, filed and approved.
que Metropolitan Area Solid Waste Agency
(DMASWA) and Water & Resource Recovery 18. Assignment of Development Agree-
Center and the conversion of fleet to alterna- ment - 299 Main Street: City Manager recom-
tive fuel sources as part of an overall strategy mending approval of an assignment of the
to meet its 50% by 2030 greenhouse gas re- Development Agreement with 73 CHS For-
duction and air quality improvement goals. wards LLC to Barker Financial, LLC for the
NOW, THEREFORE, BE IT RESOLVED property located at 299 Main Street (Cooper
BY THE CITY COUNCIL OF THE CITY OF Wagon Works Building). Upon motion the doc-
DUBUQUE, IA: uments were received and filed and Resolution
Section 1. That the City Council of the City No. 238-17 Approving the Assignment of the
of Dubuque, lowa, hereby authorizes the City Development Agreement Between the City of
Manager to submit an application to the FTA Dubuque and 73 CHS Forwards, LLC from 73
Low-or No-Emission Grant Program for the CHS Forwards, LLC to Barker Financial, LLC
purchase of twelve (12) Jule Transit buses, was adopted.
installation of a time-fill CNG fueling station at
the DMASWA, and improvements to the Jule RESOLUTION NO. 238-17
bus storage facility and Municipal Services APPROVING THE ASSIGNMENT OF THE
Center facility necessary to house and service DEVELOPMENT AGREEMENT BETWEEN
the vehicles for a total federal grant request of THE CITY OF DUBUQUE AND 73 CHS
$2,234,350. FORWARDS, LLC FROM 73 CHS FOR-
Sedion 2. The City Council also agrees to WARDS, LLC TO BARKER FINANCIAL, LLC
provide the local required match as committed Whereas, the City Council of the City of
in the full application in the amount of Dubuque, by Resolution No. 333-10, dated
$524,400. An additional $4,750,000 commit- August 16, 2010 entered into a Development
ment has been secured from private sector Agreement with 73 CHS Forwards, LLC (De-
partners investing in the projed. veloper); and
Section 3. The City also agrees to be re- Whereas, pursuant to the Development
sponsible for adequately maintaining and op- Agreement Developer provided certain im-
erating the buses through staff training and provements to real estate owned by 73 CHS
maintenance level budgeting. Forwards, LLC, known locally as the Cooper
Sedion 4. The City Manager is authorized Wagon Works Building located at 299 Main
to sign, on behalf of the City Council, the ap- Street, Dubuque, lowa (the Property); and
plication for the FTA grant. Whereas, the Property has been deeded to
Passed, approved, and adopted this 5t° Barker Financial, LLC, an lowa limited liability
day of July, 2017. company; and
Roy D. Buol, Mayor Whereas, Developer desires to assign the
Attest: Kevin S. Firnstahl, City Clerk Development Agreement to Barker Financial,
LLC pursuant to the Assignment attached
hereto following the sale of the Property; and
Whereas, the City Council finds that it is in
the best interests of the City of Dubuque to
approve the Assignment.
NOW THEREFORE, BE IT RESOLVED
Book 147 Regular Session, July 5, 2017 311
BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 239-17
DUBUQUE, IOWA: APPROVING THE ADVANCE OF FUNDS
Section 1. The Assignment is hereby ap- FOR REPAYMENT FROM THE DUBUQUE
proved. INDUSTRIAL CENTER URBAN RENEWAL
Sedion 2. The Mayor is hereby authorized TAX INCREMENT REVENUE FUND AND
and directed to execute the Assignment on DIRECTING THE FILING OF CERTIFICA-
behalf of the City of Dubuque. TION UNDER IOWA CODE SECTION 403.19
Sedion 3. The City Clerk's Office is author- Whereas, the City of Dubuque, lowa has
ized and directed to record this resolution and established the Dubuque Industrial Center
the Assignment with the Dubuque County Re- Urban Renewal Area (the "Urban Renewal
corder. Area") and is undertaking certain projects with-
Passed, approved and adopted the 5t° day in the Urban Renewal Area, consisting gener-
of July, 2017. ally of recording fees and legal services (the
Roy D. Buol, Mayor "ProjecY'); and
Attest: Kevin S. Firnstahl, City Clerk Whereas, in order to advance funds for the
Project Costs, it is necessary to make certain
19. Purchase of Services Grant Agreement findings under Chapter 403; and
- Dubuque County ISU Extension: City Man- Whereas, it is the intention of the City to
ager recommending approval of a Purchase of certify the amount of funds so advanced, to-
Services Grant Agreement with Dubuque gether with interest, for reimbursement under
County ISU 6ctension for Fiscal Year 2018. lowa Code Section 403.19; and
Upon motion the documents were received, Whereas, the amount of funds to be ad-
filed and approved. vanced for the Projed Costs shall not exceed
the aggregate amount of$18,808.49.
20. Purchase of Services Grant Agreement NOW, THEREFORE, IT IS RESOLVED by
- Four Mounds Foundation: City Manager rec- the City Council of the City of Dubuque, lowa,
ommending approval of a Purchase of Ser- as follows:
vices Grant Agreement with Four Mounds Section 1. Pursuant to Ordinance No. 70-
Foundation for the Day Camp Program as part 08 there has been heretofore established the
of the summer Neighborhood Recreation Pro- Dubuque Industrial Center Urban Renewal
gram for Fiscal Year 2018. Upon motion the Area Tax Increment Revenue Fund (the "Tax
documents were received, filed and approved. Increment Fund"), into which all incremental
property tax revenues received from the
21. Purchase of Services Grant Agreement Dubuque Industrial Center Urban Renewal
- Northeast lowa School of Music: City Man- Area are deposited. The Council finds the Pro-
ager recommending approval of a Purchase of ject to be an Urban Renewal Project as de-
Services Grant Agreement with Northeast lo- fined in lowa Code Chapter 403, and further
wa School of Music for part of the Neighbor- approves an advance of City funds for said
hood Recreation Program for Fiscal Year Project.
2018. Upon motion the documents were re- Section 2. It is hereby determined that
ceived,filed and approved. $18,808.49 has been or will be advanced dur-
ing Fiscal Year 2017 to the Dubuque Industrial
22. Fiscal Year 2017 Dubuque Industrial Center Urban Renewal Area Tax Increment
Center Urban Renewal Area Advance of Tax Fund from the General Fund in order to pay
Increment Financing Funds: City Manager the Project Costs. The advances collectively
recommending approval of the suggested pro- shall be treated as an internal loan (the
ceedings approving an advance of funds for "Loan") to the Dubuque Industrial Center Ur-
repayment from the Dubuque Industrial Center ban Renewal Fund and shall be repaid to the
Urban Renewal Tax Increment Revenue Fund General Fund, from the first available tax in-
and directing the filing of certification under crement revenues.
lowa Code Section 403.19. Upon motion the Section 3. The Budget Director, and other
documents were received and filed and Reso- City officials having responsibility for the books
lution No. 239-17 Approving the advance of and records of the City, shall take such actions
funds for repayment from the Dubuque Indus- as are necessary to comply with this Resolu-
trial Center Urban Renewal Tax Increment tion, including but not limited to inclusion of
Revenue Fund and directing the filing of certi- these amounts in the budget, advance and
fication under lowa Code Sedion 403.19 was transfer of funds for the Project Costs, certifi-
adopted. cation for reimbursement under lowa Code
Section 403.19 and compliance under lowa
Code Section 403.22.
Book 147 Regular Session, July 5, 2017 312
Passed and approved by the city council of Costs.
the City of Dubuque, lowa, this 5�° day of July, Section 2. It is hereby determined that
2017. $18,545.91 has been or will be advanced dur-
Roy D. Buol, Mayor ing Fiscal Year 2017 to the Greater powntown
Attest: Kevin S. Firnstahl, City Clerk Urban Renewal Area Tax Increment Fund from
the General Fund in order to pay the Projed
23. Fiscal Year 2017 Greater powntown Costs. The advances collectively shall be
Urban Renewal Area Advance of Tau Incre- treated as an internal loan (the "Loan") to the
ment Financing Funds: City Manager recom- Greater powntown Urban Renewal Fund and
mending approval of the suggested proceed- shall be repaid to the General Fund, from the
ings approving an advance of funds for re- first available tax increment revenues.
payment from the Greater powntown Urban Section 3. The Budget Director, and other
Renewal Tax Increment Revenue Fund and City officials having responsibility for the books
direding the filing of certification under lowa and records of the City, shall take such actions
Code Section 403.19. Upon motion the docu- as are necessary to comply with this Resolu-
ments were received and filed and Resolution tion, including but not limited to inclusion of
No. 240-17 Approving the advance of funds for these amounts in the budget, advance and
repayment from the Greater powntown District transfer of funds for the Project Costs, certifi-
Urban Renewal Tax Increment Revenue Fund cation for reimbursement under lowa Code
and directing the filing of the certifications un- Section 403.19 and compliance under lowa
der lowa Code Section 403.19 was adopted. Code Section 403.22.
Passed and approved by the city council of
RESOLUTION NO. 240-17 the City of Dubuque, lowa, this 5t° day of July,
APPROVING THE ADVANCE OF FUNDS 2017.
FOR REPAYMENT FROM THE GREATER Roy D. Buol, Mayor
DOWNTOWN DISTRICT URBAN RENEWAL Attest: Kevin S. Firnstahl, City Clerk
TAX INCREMENT REVENUE FUND AND
DIRECTING THE FILING OF CERTIFICA- 24. Fiscal Year 2017 Derby Grange Road
TION UNDER IOWA CODE SECTION 403.19 Urban Renewal Area Advance of Tax Incre-
Whereas, the City of Dubuque, lowa has ment Financing Funds: City Manager recom-
established the Greater powntown District mending approval of the suggested proceed-
Urban Renewal Area (the "Urban Renewal ings approving an advance of funds for re-
Area") and is undertaking certain urban re- payment from the Derby Grange Road Hous-
newal projects within the Urban Renewal Area, ing Urban Renewal Tax Increment Revenue
and has incurred various related costs in con- Fund and direding the filing of certification
nection with such projects consisting generally under lowa Code Section 403.17. Upon motion
of stormwater fees and legal services de- the documents were received and filed and
scribed on the attached schedule prepared by Resolution No. 241-17 Approving the advance
the Budget Director(the"Project Costs"); and of funds for repayment from the Derby Grange
Whereas, in order to advance funds for the Road Housing Urban Renewal Tax Increment
Project Costs, it is necessary to make certain Revenue Fund and directing the filing of certi-
findings under Chapter 403; and fication under lowa Code Sedion 403.17 was
Whereas, it is the intention of the City to adopted.
certify the amount of funds so advanced, to-
gether with interest, for reimbursement under RESOLUTION NO. 241-17
lowa Code Section 403.19; and APPROVING THE ADVANCE OF FUNDS
Whereas, the amount of funds to be ad- FOR REPAYMENT FROM THE DERBY
vanced for the Project Costs shall not exceed GRANGE ROAD HOUSING URBAN RE-
the aggregate amount of$18,454.91. NEWAL TAX INCREMENT REVENUE FUND
NOW, THEREFORE, IT IS RESOLVED by AND DIRECTING THE FILING OF CERTIFI-
the City Council of the City of Dubuque, lowa, CATION UNDER IOWA CODE SECTION
as follows: 403.17
Sedion 1. Pursuant to Ordinance No. 33- Whereas, the City of Dubuque, lowa has
11 there has been heretofore established the established the Derby Grange Road Housing
Greater powntown Urban Renewal Area Tax Urban Renewal Area (the "Urban Renewal
Increment Revenue Fund (the "Tax Increment Area") and is undertaking certain urban re-
Fund"), into which all incremental property tax newal projects within the Urban Renewal Area,
revenues received from the Greater powntown and has incurred various related costs in con-
Urban Renewal Area are deposited. The nection with such projects consisting generally
Council finds the Projed Costs to be eligible of legal services described on the attached
urban renewal project expenses as defined in schedule prepared by the Budget Director (the
lowa Code Chapter 403, and further approves "Project Costs"); and
an advance of City funds for said Project Whereas, in order to advance funds for the
Book 147 Regular Session, July 5, 2017 313
Project Costs, it is necessary to make certain Urban Renewal Tax Increment Revenue Fund
findings under Chapter 403; and and directing the filing of certification under
Whereas, it is the intention of the City to lowa Code Section 403.17 was adopted.
certify the amount of funds so advanced, to-
gether with interest, for reimbursement under RESOLUTION NO. 242-17
lowa Code Section 403.17; and APPROVING THE ADVANCE OF FUNDS
Whereas, the amount of funds to be ad- FOR REPAYMENT FROM THE SOUTH
vanced for the Project Costs shall not exceed POINTE HOUSING URBAN RENEWAL TAX
the aggregate amount of$4,579.19. INCREMENT REVENUE FUND AND DI-
NOW, THEREFORE, IT IS RESOLVED by RECTING THE FILING OF CERTIFICATION
the City Council of the City of Dubuque, lowa, UNDER IOWA CODE SECTION 403.17
as follows: Whereas, the City of Dubuque, lowa has
Sedion 1. Pursuant to Ordinance No. 133- established the South Pointe Housing Urban
17 there has been heretofore established the Renewal Area (the "Urban Renewal Area")
Derby Grange Road Housing Urban Renewal and is undertaking certain urban renewal pro-
Area Tax Increment Revenue Fund (the "Tax jects within the Urban Renewal Area, and has
Increment Fund"), into which all incremental incurred various related costs in connection
property tax revenues received from the Derby with such projects consisting generally of legal
Grange Road Housing Urban Renewal Area services described on the attached schedule
are deposited. The Council finds the Project prepared by the Budget Diredor (the "Project
Costs to be eligible urban renewal projed ex- Costs"); and
penses as defined in lowa Code Chapter 403, Whereas, in order to advance funds for the
and further approves an advance of City funds Project Costs, it is necessary to make certain
for said Project Costs. findings under Chapter 403; and
Section 2. It is hereby determined that Whereas, it is the intention of the City to
$4,579.19 has been or will be advanced during certify the amount of funds so advanced, to-
Fiscal Year 2017 to the Derby Grange Road gether with interest, for reimbursement under
Housing Urban Renewal Area Tax Increment lowa Code Section 403.17; and
Fund from the General Fund in order to pay Whereas, the amount of funds to be ad-
the Project Costs. The advances colledively vanced for the Projed Costs shall not exceed
shall be treated as an internal loan (the the aggregate amount of$2,390.70.
"Loan") to the Derby Grange Road Housing NOW, THEREFORE, IT IS RESOLVED by
Urban Renewal Fund and shall be repaid to the City Council of the City of Dubuque, lowa,
the General Fund, from the first available tax as follows:
increment revenues. Section 1. Pursuant to Ordinance No. 101-
Sedion 3. The Budget Director, and other 17 there has been heretofore established the
City officials having responsibility for the books South Pointe Housing Urban Renewal Area
and records of the City, shall take such actions Tax Increment Revenue Fund (the "Tax In-
as are necessary to comply with this Resolu- crement Fund"), into which all incremental
tion, including but not limited to inclusion of property tax revenues received from the South
these amounts in the budget, advance and Pointe Housing Urban Renewal Area are de-
transfer of funds for the Project Costs, certifi- posited. The Council finds the Projed Costs to
cation for reimbursement under lowa Code be eligible urban renewal project expenses as
Section 403.17 and compliance under lowa defined in lowa Code Chapter 403, and further
Code Section 403.22. approves an advance of City funds for said
Passed and approved by the City Council Projed Costs.
of the City of Dubuque, lowa, this 5�° day of Section 2. It is hereby determined that
July, 2017. $2,390.70 has been or will be advanced during
Roy D. Buol, Mayor Fiscal Year 2017 to the South Pointe Housing
Attest: Kevin S. Firnstahl, City Clerk Urban Renewal Area Tax Increment Fund from
the General Fund in order to pay the Projed
25. Fiscal Year 2017 South Pointe Housing Costs. The advances colledively shall be
Urban Renewal Area Advance of Tax Incre- treated as an internal loan (the "Loan") to the
ment Financing Funds: City Manager recom- South Pointe Housing Urban Renewal Fund
mending approval of the suggested proceed- and shall be repaid to the General Fund, from
ings approving an advance of funds for re- the first available tax increment revenues.
payment from the South Pointe Housing Urban Section 3. The Budget Director, and other
Renewal Tax Increment Revenue Fund and City officials having responsibility for the books
direding the filing of certification under lowa and records of the City, shall take such actions
Code Section 403.17. Upon motion the docu- as are necessary to comply with this Resolu-
ments were received and filed and Resolution tion, including but not limited to inclusion of
No. 242-17 Approving the advance of funds for these amounts in the budget, advance and
repayment from the South Pointe Housing transfer of funds for the Project Costs, certifi-
Book 147 Regular Session, July 5, 2017 314
cation for reimbursement under lowa Code knowledgmenUSettlement Agreement for an
Section 403.17 and compliance under lowa alcohol compliance violation for Fat Tuesday's,
Code Section 403.22. 1121 University Avenue. Upon motion the
Passed and approved by the City Council documents were received, filed and approved.
of the City of Dubuque, lowa, this 5t° day of
July, 2017. 33. Alcohol Compliance Civil Penalty for
Roy D. Buol, Mayor Alcohol License Holder—Friendly Locust Mart:
Attest: Kevin S. Firnstahl, City Clerk City Manager recommending approval of the
AcknowledgmenUSettlement Agreement for an
26. City Assessor's Office - Notification of alcohol compliance violation for Friendly Lo-
Property Tax Appeals: Correspondence from cust Mart, 408 West Locust Street. Upon mo-
City Assessor Rick Engelken advising the City tion the documents were received, filed and
of 12 property tax appeals before the lowa approved.
Property Assessment Board or the District
Court. Upon motion the documents were re- 34. Alcohol Compliance Civil Penalty for
ceived and filed. Alcohol License Holder — The Smokestack:
City Manager recommending approval of the
27. Appointment to Housing Trust Fund AcknowledgmenUSettlement Agreement for an
Advisory Committee: Housing Commission alcohol compliance violation for the Smoke-
recommending approval to appoint Commis- stack, 62 E. 7t° Street. Upon motion the docu-
sioner Brett Shaw as the Commission's repre- ments were received, filed and approved.
sentative on the Housing Trust Fund Advisory
Committee. Upon motion the documents were 35. Alcohol and Tobacco License Applica-
received, filed and approved. tions: City Manager recommending approval of
annual liquor, beer, wine and tobacco license
28. Improvement Contracts / Performance, applications as submitted. Upon motion the
Payment and Maintenance Bonds: Insituform documents were received and filed and Reso-
Technologies USA, LLC for the 2107 (CIPP) lution No. 243-17 Approving applications for
Sanitary Sewer Lining Project; John C. Kaiser beer, liquor, and/or wine permits, as required
Company for the Grand River Center First by City of Dubuque Code of Ordinances Title 4
Floor Concourse Painting Project; Tschiggfrie Business and License Regulations, Chapter 2
Excavating, Inc. for the Timber Ridge/Rustic Liquor Control, Article B Liquor, Beer and Wine
Point Water Main Extension 2017 Project; Licenses and Permits; and Resolution No.
Volkens Excavating, Inc. for the Hwy 20 Con- 244-17 Approving applications for retail ciga-
duit Project-Wacker Drive to Hill Street. Upon rette/tobacco sales/nicotine/vapor permits, as
motion the documents were received, filed and required by lowa Code Chapter 453A.47A
approved. were adopted.
29. Signed Contracts: Parking License RESOLUTION NO. 243-17
Agreement with Q Casino for the City lot bor- APPROVING APPLICATIONS FOR BEER,
dered by 16t° Street, Sycamore Street and the LIQUOR, AND/OR WINE PERMITS, AS RE-
Hwy 61/151 overpass. Upon motion the docu- QUIRED BY CITY OF DUBUQUE CODE OF
ments were received and filed. ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
30. Mediacom Communications Company: UOR CONTROL, ARTICLE B LIQUOR,
Correspondence from Lee Grassley, Senior BEER AND WINE LICENSES AND PERMITS
Manager of Government Relations for Media- Whereas, applications for Beer, Liquor,
com Communications Company, informing the and or Wine Permits have been submitted and
City of programming changes implemented on filed with the City Council for approval and the
or about July 15, 2017. Upon motion the doc- same have been examined and approved; and
uments were received and filed. Whereas, the premises to be occupied by
such applicants were inspected and found to
31. Settlement Agreement — Ainley Ken- comply with the Ordinances of the City and the
nels Fabrication, Inc., et al. v. City of Dubuque: applicants have filed the proper fees and
City Attorney recommending approval of a bonds and otherwise complied with the re-
Settlement Agreement and Mutual Release of quirements of the Code of Ordinances.
All Claims and that the Finance Director be NOW, THEREFORE, BE IT RESOLVED
authorized to issue rebates. Upon motion the BY THE CITY COUNCIL OF THE CITY OF
documents were received, filed and approved. DUBUQUE, IOWA:
Sedion 1. The City Clerk is hereby author-
32. Alcohol Compliance Civil Penalty for ized and directed to cause to be issued the
Alcohol License Holder — Fat Tuesday's: City noted permit types to the following applicants
Manager recommending approval of the Ac- pending submission of the locally required
Book 147 Regular Session, July 5, 2017 315
documentation: Attest: Kevin S. Firnstahl, City Clerk
Renewals
Casey's General Store#2421, 4003 Peru Rd., ITEMS SET FOR PUBLIC HEARING
Class E Liquor, Class B Wine, Class C
Beer(Sunday) Motion by Lynch to receive and file the
Casey's General Store #2420, 2699 Rockdale documents, adopt the resolutions, set the pub-
Rd., Class E Liquor, Class B Wine, Class C lic hearings as indicated, and dired the City
Beer(Sunday) Clerk to publish notice as prescribed by law.
Fas Mart #5159, 2175 Central Ave., Class E Seconded by Connors. Motion carried 7-0.
Liquor, Class B Wine, Class C Beer (Sun-
day) 1. Dubuque Regional Airport Rental Car
House of China Co, 170 J. F. Kennedy Rd., Parking Lot Projed — Initiate: City Manager
Class C Liquor(Sunday) recommending initiation of the public bidding
Knicker's Saloon, 2186 Central Ave., Class C procedure for the Dubuque Airport Rental Car
Liquor(Living Qtrs.) (Outdoor) (Sunday) Parking Lot Project 2017, and further recom-
Vinny Vanucchi's Little Italy, 164 Main St., mends that a public hearing be set for July 17,
Class C Liquor, Class B Wine (Sunday) 2017. Upon motion the documents were re-
New ceived and filed and Resolution No. 245-17
Millwnrk Marketplace (8-Month license) 333 Dubuque Airport Rental Car Parking Lot Pro-
East10t° St., Class C Liquor (Living Qtrs.) ject 2017 Preliminary Approval of Plans,
(Outdoor) (Sunday) Specifications, Form of Contract, and Estimat-
Special Events ed Cost; setting date of Public Hearing on
Dubuque Irish Hooley 8-25, Alliant Amphithea- Plans, Specifications, Form of Contract, and
ter, Class C Liquor(Outdoor) Estimated Cost; and ordering the advertise-
Mason Dixon Saloon 8-18, 2700 Northview ment for bids was adopted setting a public
Dr., Class B Beer(Outdoor) hearing for a meeting to commence at 6:00
National Mississippi River Museum & Aquari- p.m. on July 17, 2017 in the Historic Federal
um 8-2, 350 East 3rd St, Special Class C Building.
Liquor(Outdoor)
Passed, approved and adopted this 5t° day RESOLUTION NO. 245-17
of July, 2017. DUBUQUE AIRPORT RENTAL CAR PARK-
Roy D. Buol, Mayor ING LOT PROJECT 2017
Attest: Kevin S. Firnstahl, City Clerk PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
RESOLUTION NO. 244-17 AND ESTIMATED COST; SETTING DATE
APPROVING APPLICATIONS FOR RETAIL OF PUBLIC HEARING ON PLANS, SPECI-
CIGARETTE I TOBACCO SALES I NICO- FICATIONS, FORM OF CONTRACT, AND
TINE/VAPOR PERMITS, AS REQUIRED BY ESTIMATED COST; AND ORDERING THE
IOWA CODE 453A.47A ADVERTISEMENT FOR BIDS
Whereas, applications for Cigarette / To- NOW THEREFORE, BE IT RESOLVED
bacco Sales have been submitted and filed BY THE CITY COUNCIL OF THE CITY OF
with the City Council for approval and the DUBUQUE, IOWA:
same have been examined and approved; and The proposed plans, specifications, form of
Whereas, the premises to be occupied by contract and estimated cost for the Dubuque
such applicants were inspected and found to Airport Rental Car Parking Lot Project 2017 in
comply with the Ordinances of the City and the the estimated amount$209,955.21, are hereby
applicants have filed the proper fees and oth- preliminarily approved and ordered filed in the
erwise complied with the requirements of the office of the City Clerk for public inspection.
Code of Ordinances. A public hearing will be held on the 17�n
NOW, THEREFORE, BE IT RESOLVED day of July, 2017, at 6:00 p.m. in the Historic
BY THE CITY COUNCIL OF THE CITY OF Federal Building Council Chambers (second
DUBUQUE, IOWA: floor) 350 W. 6�° Street, Dubuque, lowa, at
Section 1. The City Clerk is hereby author- which time interested persons may appear and
ized and direded to cause to be issued the be heard for or against the proposed plans and
following named applicants and locations for specifications, form of contract and estimated
cigarette/tobacco sales permit. cost of said Project, and the City Clerk be and
Business Name, Business Location is hereby directed to cause the attached notice
Awn Stop Mart#3, 408 W. Locust St. of the time and place of such hearing to be
Awn Stop Mart, Inc., 1998 Jackson St. published in a newspaper having general cir-
Dubuque Quick Stop Mart, 1401 Central Ave. culation in the City of Dubuque, lowa, which
Passed, approved and adopted this 5t° day notice shall be published not less than four
of July, 2017. days nor more than twenty days prior to the
Roy D. Buol, Mayor date of such hearing. At the hearing, any inter-
Book 147 Regular Session, July 5, 2017 316
ested person may appear and file objections to The proposed plans, specifications, form of
the proposed plans, specifications, form of contract and estimated cost for the Phase I
contract, or estimated cost of the Project. 17�° Street Storm Sewer Improvements Project
Dubuque Airport Rental Car Parking Lot in the estimated amount of $1,677,530.00 are
Project 2017 is hereby ordered to be adver- hereby preliminarily approved and ordered
tised for bids for construdion. filed in the office of the City Clerk for public
The amount of the security to accompany inspection.
each bid shall be in an amount which shall A public hearing will be held on the 17�n
conform to the provisions of the Notice to Bid- day of July, 2017, at 6:00 p.m. in the Historic
ders hereby approved. Federal Building Council Chambers (second
The City Clerk is hereby direded to adver- floor) 350 W. 6�° Street, Dubuque, lowa, at
tise for bids for the construction of the im- which time interested persons may appear and
provements herein provided, by publishing the be heard for or against the proposed plans and
attached Notice to Bidders to be published in specifications, form of contract and estimated
the Master Builders of lowa Plan Room, The cost of said Project, and the City Clerk be and
Construdion Update Network and posted on is hereby directed to cause the attached notice
the City of Dubuque website at of the time and place of such hearing to be
wvw�.citvofdubuaue.ora/bids. Publication will published in a newspaper having general cir-
occur not less than thirteen but not more than culation in the City of Dubuque, lowa, which
forty-five days before the date for filing bids notice shall be published not less than four
before 2:00 p.m. on the 27t° day of July 2017. days nor more than twenty days prior to the
Bids shall be opened and read by the City date of such hearing. At the hearing, any inter-
Clerk at said time and will be submitted to the ested person may appear and file objections to
City Council for final action at 6:00 p.m. on the the proposed plans, specifications, form of
7�n day of August, 2017, in the Historic Federal contract, or estimated cost of the Project.
Building Council Chambers (second floor), 350 The Phase I 17t° Street Storm Sewer Im-
West 6t°Street, Dubuque, lowa. provements Project is hereby ordered to be
Passed, adopted and approved this 5t° day advertised for bids for construction.
of July, 2017. The amount of the security to accompany
Roy D. Buol, Mayor each bid shall be in an amount which shall
Attest: Kevin S. Firnstahl, City Clerk conform to the provisions of the Notice to Bid-
ders hereby approved.
2. Phase I Storm Sewer Improvement Pro- The City Clerk is hereby directed to adver-
ject—Initiate: City Manager recommending the tise for bids for the construction of the im-
initiation of the public bidding procedure for the provements herein provided, by publishing the
Phase I 17�° Street Storm Sewer Improve- attached Notice to Bidders to be published in
ments Project, and further recommends that a the Master Builders of lowa Plan Room, The
public hearing be set for July 17, 2017. Upon Construdion Update Network and posted on
motion the documents were received and filed the City of Dubuque website at
and Resolution No. 246-17 Phase I 17t° Street wvwa.citvofdubuaue.ora/bids and which notice
Storm Sewer Improvements Project - Prelimi- shall be published not less than thirteen but
nary Approval of Plans, Specifications, Form of not more than forty-five days before the date
Contract, and Estimated Cost; setting date of for filing bids before 2:00 p.m. on the 27t° day
public hearing on Plans, Specifications, Form of July, 2017. Bids shall be opened and read
of Contract, and Estimated Cost; and ordering by the City Clerk at said time and will be sub-
the advertisement for bids was adopted setting mitted to the City Council for final action at
a public hearing for a meeting to commence at 6:00 p.m. on the 7t°day of August, 2017, in the
6:00 p.m. on July 17, 2017 in the Historic Fed- Historic Federal Building Council Chambers
eral Building. (second floor), 350 West 6t° Street, Dubuque,
I owa.
RESOLUTION NO. 246-17 Passed, adopted and approved this 5t° day
PHASE I 17T"STREET STORM SEWER IM- of July, 2017.
PROVEMENTS PROJECT Roy D. Buol, Mayor
PRELIMINARY APPROVAL OF PLANS, Attest: Kevin S. Firnstahl, City Clerk
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:
Book 147 Regular Session, July 5, 2017 317
3. Black Hills Energy Grant of Easement: Part of Lot 1 of Lot 1 of the NE Fract. '/a of
City Manager recommending the City Council the NW'/a of Sec. 6, T88N, R3E; and
set a public hearing for July 17, 2017, to ap- Whereas, the City Council has tentatively
prove a Grant of Easement to Black Hills En- determined that it would be in the best inter-
ergy to facilitate connection of the gas system ests of the City to approve the Easement; and
being constructed by BRD Three, LLC at the Whereas, the lowa Code requires that the
Water & Resource Recovery Center to Black City Clerk publish a notice of the proposal and
Hills Energy's Dubuque Gas Distribution Sys- of the time and place of the meeting at which
tem. Upon motion the documents were re- the City Council proposes to take action there-
ceived and filed and Resolution No. 247-17 on and at which meeting the City Council shall
Intent to Dispose of an Interest in City Of receive oral and/or written objections from any
Dubuque Real Estate pursuant to an ease- resident or property owner of said City to such
ment granted by the City Of Dubuque to Black proposed action.
Hills/lowa Gas Utility Company, LLC DBA NOW THEREFORE, BE IT RESOLVED
Black Hills Energy to facilitate connedion of BY THE CITY COUNCIL OF THE CITY OF
the gas system being constructed by BRD DUBUQUE, IOWA:
Three, LLC at the Water Resource and Re- Sedion 1. The City of Dubuque intends to
covery Center to Black Hill Energy's Dubuque dispose of its interest in the foregoing-
Gas Distribution System and fixing the date for described property by Easement to Black Hills
a public hearing and providing for the publica- Energy.
tion of notice thereof was adopted setting a Sedion 2. The City Clerk is hereby author-
public hearing for a meeting to commence at ized and directed to cause this Resolution and
6:00 p.m. on July 17, 2017 in the Historic Fed- a notice to be published as prescribed by lowa
eral Building. Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing-
RESOLUTION NO. 247-17 described property, to be held on the 17t° day
INTENT TO DISPOSE OF AN INTEREST IN of July, 2017, at 6:00 p.m. in the City Council
CITY OF DUBUQUE REAL ESTATE PUR- Chambers at the Historic Federal Building, 350
SUANT TO AN EASEMENT GRANTED BY W. 6t°Street, Dubuque, lowa.
THE CITY OF DUBUQUE TO BLACK Sedion 3. The City Clerk is hereby di-
HILLS/IOWA GAS UTILITY COMPANY, LLC rected to cause at least one publication to be
DBA BLACK HILLS ENERGY TO FACILI- made of a notice of said meeting, in a news-
TATE CONNECTION OF THE GAS SYSTEM paper, printed wholly in the English language,
BEING CONSTRUCTED BY BRD THREE, published at least once weekly, and having
LLC AT THE WATER RESOURCE AND RE- general circulation in said City, said publication
COVERY CENTER TO BLACK HILL ENER- to be not less than four days nor more than
GY'S DUBUQUE GAS DISTRIBUTION SYS- twenty days before the date of said meeting on
TEM AND FIXING THE DATE FOR A PUB- the disposal of the City's interest in the proper-
LIC HEARING AND PROVIDING FOR THE ty.
PUBLICATION OF NOTICE THEREOF Sedion 4. That the notice of the proposed
Whereas, the City of Dubuque has entered action shall be in substantially the form at-
into a Lease and a Gas System Development tached hereto.
and Operating Agreement with BRD Three, Passed, approved and adopted this 5t° day
LLC for the construction and operation of a of July, 2017.
Gas System at the Dubuque Water & Re- Roy D. Buol, Mayor
source Recovery Center as described therein; Attest: Kevin S. Firnstahl, City Clerk
and
Whereas, BRD Three, LLC and Black 4. Derby Grange Road Amended Urban
Hills/lowa Gas Utility Company, LLC dba Black Renewal Plan — Initiate: City Manager recom-
Hills Energy have entered into a Facilities In- mending approval of a Resolution of Necessity
terconnection and Operating Agreement to that finds that Amendment No. 1 to the Urban
connect the Gas System to Black Hill Energy's Renewal Plan for the Derby Grange Road
Dubuque Gas Distribution System; and Housing Urban Renewal Area is both neces-
Whereas, Black Hills Energy has request- sary and appropriate and sets a public hearing
ed that the City of Dubuque grant to Black Hills on Amendment No. 1 for August 7, 2017. Up-
Energy an easement to facilitate connection of on motion the documents were received and
the Gas System to Black Hill Energy's Dubu- filed and Resolution No. 248-17 Resolution of
que Gas Distribution System; and Necessity finding that certain property is an
Whereas, Black Hills Energy and the City Economic Development Area and that the de-
have tentatively agreed to the terms of an velopment of said Area is necessary in the
Easement for the easement area shown on interest of the residents of the City of Dubu-
Exhibit A attached thereto, which is located on que, lowa, and setting a date for hearing on a
the following described real property: proposed Amendment No. 1 to the Urban Re-
Book 147 Regular Session, July 5, 2017 318
newal Plan was adopted setting a public hear- velopment, and is appropriate for an urban
ing for a meeting to commence at 6:00 p.m. on renewal project.
August 7, 2017 in the Historic Federal Build- Section 2. That the development of the Ur-
ing. ban Renewal Area, as amended, is necessary
and appropriate to facilitate the proper growth
RESOLUTION NO. 248-17 and development of the community in accord-
RESOLUTION OF NECESSITY FINDING ance with sound planning and local community
THAT CERTAIN PROPERTY IS AN ECO- objectives.
NOMIC DEVELOPMENT AREA AND THAT Section 3. That the development of the Ur-
THE DEVELOPMENT OF SAID AREA IS ban Renewal Area, as amended, will provide
NECESSARY IN THE INTEREST OF THE new opportunities for quality housing and job
RESIDENTS OF THE CITY OF DUBUQUE, creation in the community.
IOWA, AND SETTING A DATE FOR HEAR- Sedion 4. That the City Manager is author-
ING ON A PROPOSED AMENDMENT NO. 1 ized and directed to prepare an Amendment
TO THE URBAN RENEWAL PLAN No. 1 to the Urban Renewal Plan for the Urban
Whereas, by Resolution No. 133-17 adopt- Renewal Area, to forward said Plan to the
ed April 3, 2017, and Resolution No. 133-17-A City's Long Range Planning Commission for
adopted April 17, 2017, the City Council of the review and comment and to begin the consul-
City of Dubuque found and determined that tation process required by law with affected
certain areas located within the City are eligi- taxing entities.
ble and should be designated as an urban Sedion 5. That the City Clerk is directed to
renewal area under lowa law, and approved publish notice of a public hearing on the adop-
and adopted the Urban Renewal Plan (the tion of an Amendment No. 1 to the Urban Re-
"Urban Renewal Plan" or"Plan") for the Derby newal Plan for the Urban Renewal Area to be
Grange Road Housing Urban Renewal Area held on the 7t° day of August, 2017, at 6:00
(the "Urban Renewal Area" or "Area") de- p.m. in the Historic Federal Building in Dubu-
scribed therein; and que, lowa, 350 W. 6t° Street, Dubuque, lowa
Whereas, the City Council of the City of and that said notice shall generally identify the
Dubuque has determined that the amendment area covered by Amendment No. 1 and the
of the Urban Renewal Area will stimulate, general scope of the Urban Renewal Plan ac-
through public involvement and commitment, tivities planned for such area.
private investment in new housing and resi- Section 6. That the City Clerk is further di-
dential development as defined by lowa Code rected to send by ordinary mail a copy of said
403.17(12), as described in the Urban Renew- Amendment No. 1 and notice of public hearing
al Plan; and to the Dubuque Community School District and
Whereas, the City Council has determined the County Board of Supervisors, as the af-
that the area described in Attachment A to this fected taxing entities.
Resolution (the "Amendment No. 1 Area") Passed, approved and adopted this 5t° day
meets the definition of an economic develop- of July, 2017.
ment area as defined in Chapter 403 "Urban Roy D. Buol, Mayor
Renewal" of the lowa Code; and Attest: Kevin S. Firnstahl, City Clerk
Whereas, a significant need for housing
units exists in the community and local re- BOARDS/COMMISSIONS
sources are needed to advance the develop-
ment; and Applicants were invited to address the City
Whereas, lowa Code Chapter 403 requires Council regarding their desire to serve on the
that before urban renewal authority may be following Boards/Commissions. Appointments
exercised, a City Council must adopt a resolu- will be made at the next City Council meeting.
tion of necessity finding that the area in ques-
tion is a slum, blighted or economic develop- 1. Housing Commission: One, 3-year term
ment area, and that so designating such area through August 17, 2020 (6cpiring terms of
is necessary in the interest of the public health, Baumhover). Applicant: Richard Baumhover,
safety or welfare of the residents of the munic- 601 Garfield Ave. Mr. Baumhover spoke in
ipality. support of his appointment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF 2. Resilient Community Advisory Commis-
DUBUQUE, IOWA: sion: One, 3-year term through June 30, 2020
Section 1. That the proposed Amendment (Expiring term of Kennicker). Applicant: Robin
No. 1 Area, generally described in Attachment Kennicker, 2929 Elm St. (Qualifies as Com-
A to this Resolution, is an economic develop- mission Representative). Ms. Kennicker spoke
ment area as defined by Chapter 403 of the in support of her appointment.
lowa Code, appropriate for public improve- 3. Transit Advisory Board: One, 3-year
ments related to housing and residential de- term through July 30, 2020 (Expiring term of
Book 147 Regular Session, July 5, 2017 319
Serna). Applicant: Dora Serna, 2160 Marion NOW, THEREFORE, BE IT RESOLVED
St. BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Appointment was made to the following Section 1. The Mayor is hereby authorized
Commission. and directed to execute a Special Warranty
Deed disposing of all of the City's right, title
4. Park and Recreation Advisory Commis- and interest in the Property to Jeff and Jill
sion: Tie-Breaker correcting the vote from the Reimer.
June 19, 2017 City Council meeting. One, 3- Section 2. The City Manager and the City
year term through June 30, 2020 (Expired Attorney are authorized to take such further
Term of Hoffmann). Applicants: Rebecca action as is necessary to finalize the sale of
Kuhle, 2566 Pearl St.; Luke Roth, 904 Bar- the Property.
baralee Dr. Upon roll-call vote, Rebecca Kuhle Passed, approved and adopted this 5t° day
was appointed to a 3-year term through June of July, 2017.
20, 2020. (Kuhle = Resnick, Del Toro, Rios, Roy D. Buol, Mayor
Buol, Jones; Roth = Lynch, Connors). Attest: Kevin S. Firnstahl, City Clerk
PUBLIC HEARINGS 2. Vacate of Right-of-Way - E. 17t° Street;
Proof of publication on notice of public hearing
1. Intent to Dispose of City Property / to approve disposal of the E. 17t° Street right-
Property Exchange Agreement - Creek Wood of-way between Elm Streets and Pine Streets
Park: Proof of publication on notice of public to METX, LLC and the City Manager recom-
hearing to approve the disposal of an interest mending approval. Motion by Lynch to receive
in City of Dubuque real estate located along and file the documents and adopt Resolution
Creek Wood Drive pursuant to a Property 6c- No. 250-17 Vacating a portion of E. 17�° Street
change Agreement between the City of Dubu- between Elm Street and Pine Street, to be
que and Jeff and Jill Reimer and the City Man- known as Lot 176A of East Dubuque Addition,
ager recommending approval. Motion by in the City of Dubuque, lowa; and Resolution
Lynch to receive and file the documents and No. 251-17 Disposing of City interest in Lot
adopt Resolution No. 249-17 Disposing of an 176A of East Dubuque Addition, in the City of
interest in real property by Deed to Jeff and Jill Dubuque, lowa. Seconded by Jones. Motion
Reimer. Seconded by Jones. Motion carried 7- carried 7-0.
0.
RESOLUTION NO. 249-17 RESOLUTION NO. 250-17
DISPOSING OF AN INTEREST IN REAL VACATING A PORTION OF E 17TH STREET
PROPERTY BY DEED TO JEFF AND JILL BETWEEN ELM STREET AND PINE
REIMER STREET, TO BE KNOWN AS LOT 176A OF
Whereas, the City of Dubuque, lowa (City) EAST DUBUQUE ADDITION, IN THE CITY
is the owner of the following real property (the OF DUBUQUE, IOWA
Property): Whereas, Mebc, LLC has requested the
Lot 2 of Timber-Hyrst Place # 2 in the vacating of a portion of E. 17t° Street between
City of Dubuque, lowa; and Elm Street and Pine Street; and
Whereas, City and Jeff and Jill Reimer Whereas, there has been presented to the
(Reimers) have entered into a Property 6c- City Council of the City of Dubuque, lowa, a
change Agreement (the Agreement), to facili- plat dated June 13, 2017 prepared by IIW, PC,
tate construction of Creek Wood Park in Tim- describing the proposed vacated street right of
ber Hyrst Subdivision; and way, in the City of Dubuque, lowa; and
Whereas, the City Council has approved Whereas, pursuant to resolution and pub-
said Property 6cchange Agreement by Reso- lished notice of time and place of hearing, pub-
lution No. 137-17 and the Mayor has executed lished in the Telegraph Herald, a newspaper of
said agreement on behalf of the City; and general circulation published in the City of
Whereas, on July 5, 2017, the City Council Dubuque, lowa on the 23rd day of June, 2017,
pursuant to notice published as required by the City Council of the City of Dubuque, lowa
law held a public hearing on its intent to dis- met on the 5t° day of July, 2017, at 6:00 p.m.
pose of the foregoing interest in the Property in the Historic Federal Building Council Cham-
and overruled all objections thereto; and bers (second floor), 350 West 6t° Street,
Whereas, the City Council finds that it is in Dubuque, Dubuque County, lowa to consider
the best interest of the City to approve the the request to vacate; and
disposition of the Property. Whereas, the City Council of the City of
Dubuque, lowa overruled any and all objec-
tions, oral or written to the request to vacate;
and
Whereas, the City Council of the City of
Book 147 Regular Session, July 5, 2017 320
Dubuque, lowa, has determined that the pro- 1. Code of Ordinances Amendment -Titles
posed vacated portion of E. 17t°Street Right of 7 & 10 Firearms, Fireworks and Environmental
Way to be known as Lot 176A of East Dubu- Stewardship Advisory Commission (Third
que Addition, should be approved. Reading): City Manager recommending ap-
NOW THEREFORE, BE IT RESOLVED proval of amendments to City of Dubuque
BY THE CITY COUNCIL OF THE CITY OF Code of Ordinances Sedions 7-5A-10, Weap-
DUBUQUE, IOWA: ons, Firearms and Firewnrks; 7-5A-16, Hunting
Section 1. That the real estate described and Target Practice Permitted; and 10-5B-12,
as Lot 176A of East Dubuque Addition in the Possession of Firearms, Weapons and Fire-
City of Dubuque, Dubuque County, lowa, be works.
and the same is hereby vacated. Motion by Jones for final consideration and
Passed, approved and adopted this 5t° day passage of Ordinance No. 29-17 Amending
of July, 2017. City of Dubuque Code of Ordinances Title 7
Roy D. Buol, Mayor Police, Fire and Public Safety, Chapter 5 Of-
Attest: Kevin S. Firnstahl, City Clerk fenses, Article A General Offenses, Section 7-
5A-10 Weapons, Firearms and Firewnrks; Or-
RESOLUTION NO. 251-17 dinance No. 30-17 Amending City of Dubuque
DISPOSING OF CITY INTEREST IN LOT Code of Ordinances Title 7 Police, Fire and
176A OF EAST DUBUQUE ADDITION, IN Public Safety, Chapter 5 Offenses, Article A
THE CITY OF DUBUQUE, IOWA General Offenses, Section 7-5A-16 Hunting
Whereas, pursuant to resolution and pub- and Target Practice Permitted; and Ordinance
lished notice of time and place of hearing, pub- No. 31-17 Amending City of Dubuque Code of
lished in the Telegraph Herald, a newspaper of Ordinances Title 10 Public Ways and Property,
general circulation published in the City of Chapter 5 Parks and Recreation, Article B Use
Dubuque, lowa on the 23rd day of June, 2017, Regulations, Section 10-5B-12 Possession of
the City Council of the City of Dubuque, lowa Firearms, Weapons and Fireworks. Seconded
met on the 5t° day of July, 2017, at 6:00 p.m. by Connors. Motion carried 5-2 with Del Toro
in the Historic Federal Building Council Cham- and Rios voting nay.
bers (second floor), 350 West 6t° Street,
Dubuque, Dubuque County, lowa to consider OFFICIAL PUBLICATION
the proposal for the sale of real estate de- ORDINANCE NO. 29-17
scribed as: AMENDING CITY OF DUBUQUE CODE OF
Lot 176A of East Dubuque Addition, in ORDINANCES TITLE 7 POLICE, FIRE AND
the City of Dubuque, lowa; and PUBLIC SAFETY, CHAPTER 5 OFFENSES,
Whereas, the City Council of the City of ARTICLE A GENERAL OFFENSES, SEC-
Dubuque, lowa overruled any and all objec- TION 7-SA-10 WEAPONS, FIREARMS AND
tions, oral or written to the proposal to sell FIREWORKS
such real estate. NOW, THEREFORE, BE IT ORDAINED
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
DUBUQUE, IOWA: Sedion 1. Section 7-5A-10 of the City of
Section 1. That the sale of City of Dubuque Dubuque Code of Ordinances is amended to
real property described as Lot 176A of East read as follows:
Dubuque Addition, in the City of Dubuque, 7-5A-10: PROJECTILES, SLINGSHOTS,
lowa, Mebc, LLC be and the same is hereby KNUCKLES OF METAL OR OTHER MATE-
approved. Conveyance shall be by Quit Claim RIAL, OTHER WEAPONS, AND FIRE-
Deed. WORKS:
Sedion 2. That the Mayor be authorized A. Shooting Projediles:
and directed to execute a Quit Claim Deed, 1. Prohibition: It shall be unlawful for
and the City Clerk be and is hereby authorized any person within the corporate limits of
and directed to deliver said deed of convey- the city to willfully or carelessly throw,
ance to Mebc, LLC shoot, or launch any stone, stick, projedile,
Section 3. That the City Clerk be and is or other missile in such a manner as to hit,
hereby authorized and direded to record a injure, or endanger any person or property.
certified copy of this resolution in the offices of 2. Deer Hunting 6ccepted: Nothing
the City Assessor, Dubuque County Recorder herein shall prohibit the hunting with bow
and Dubuque County Auditor. and arrow of deer by persons licensed by
Passed, approved and adopted this 5t° day and during the period of time authorized by
of July. 2017. the lowa department of natural resources
Roy D. Buol, Mayor and issued a permit by the city in accord-
Attest: Kevin S. Firnstahl, City Clerk ance with the deer management program
ACTION ITEMS adopted by the city manager or city man-
ager's designee.
Book 147 Regular Session, July 5, 2017 321
B. Slingshots, Knuckles of Metal or Other 6. Blank Cartridge Use for Shows:
Material, Air Gun, Spring-Loaded Gun, Replica Nothing herein shall be construed to pro-
Firearms, and Other Weapons: It shall be un- hibit the use of blank cartridges for a show
lawful for any person to carry or conceal about or the theater, or for signal purposes in ath-
their person any slingshot, knuckles of inetal letic sports or by railroads, or trucks, for
or other material, air gun, spring loaded gun, signal purposes, or by a recognized mili-
replica firearm represented as a real firearm, tary organization; and provided further, that
or any other weapon other than a knife, when nothing in this subsection shall apply to
such weapon is represented to be carried for any substance or composition prepared
the purpose of protection or use as a weapon. and used for medicinal or fumigation pur-
C. Discharging Firearms and Fireworks: poses.
1. Definition: The term "fireworks" in- 7. A person or entity selling firewnrks
cludes any device, other than a novelty or within the corporate city limits must provide
theatrical pyrotechnic article, intended to the city fire department with a copy of the
produce visible and/or audible effeds by seller's state-issued license to sell fire-
combustion, deflagration, or detonation works and proof of insurance as required
and includes blank cartridges, firecrackers, by state code. A firewnrks seller must also
torpedoes, skyrockets, roman candles or display signage on the seller's premises
other firewnrks of like construction and which states that the use of firewnrks is
fireworks containing any explosive or prohibited within corporate city limits.
flammable compound, or other device con- Section 2. This Ordinance takes effect up-
taining any explosive substance. The term on publication.
"fireworks" does not include products de- Passed, approved, and adopted the 5t°day
fined as "novelties" including party pop- of July, 2017.
pers, snappers, toy smoke devices, /s/Roy D. Buol, Mayor
snakes, glow worms, wire sparklers, Attest: /s/Kevin S. Firnstahl, City Clerk
dipped sticks, and toy caps. Published officially in the Telegraph Herald
2. Prohibition: No person shall dis- newspaper on the 7th day of July, 2017.
charge or fire any cannon, gun, bomb, pis- /s/Kevin S. Firnstahl, City Clerk
tol, air gun, spring loaded gun, or other
firearms or set off or burn firecrackers, tor- OFFICIAL PUBLICATION
pedoes, skyrockets, roman candles, or ORDINANCE NO. 30-17
other fireworks of like construction or any AMENDING CITY OF DUBUQUE CODE OF
fireworks containing any explosive or ORDINANCES TITLE 7 POLICE, FIRE AND
flammable compound, or other device con- PUBLIC SAFETY, CHAPTER 5 OFFENSES,
taining any explosive. Discharge or firing of ARTICLE A GENERAL OFFENSES, SEC-
air guns or spring loaded guns used for TION 7-SA-16 HUNTING AND TARGET
training, recreational, or competitive events PRACTICE PERMITTED
is allowed in accordance with section 7-5A- NOW, THEREFORE, BE IT ORDAINED
16 of this article. BY THE CITY COUNCIL OF THE CITY OF
3. Fireworks Display Permit: The city DUBUQUE, IOWA:
council may, upon application in writing, Section 1. Section 7-5A-16 of the City of
grant a permit for the display and use of Dubuque Code of Ordinances is amended to
display fireworks by any organization or read as follows:
groups of individuals when such firewnrks 7-5A-16: HUNTING AND TARGET PRAC-
display will be handled by a competent op- TICE PERMITTED:
erator. . . . .
4. Firing Range Permit: The city council C. Bowand ArrowHunting:
may, upon application in writing, grant a 1. Permitted: Bow and arrow hunt-
permit for the operation of a firing range in ing will be allowed within city limits in
which the discharge of firearms for training, accordance with the deer management
recreational or competitive events wnuld program adopted by the city manager
be allowed upon showing that the range or city manager's designee.
would be under the direction of a compe- 2. Exception: An exception to these
tent organization, group or individual. rules may be granted if approved
5. Firearms Used to Control Rodent Or through a city of Dubuque special
Animal Problems: In the interest of public events permit.
health and safety and at such times as ap- . . . .
proved by the chief of police, the police or Sedion 2. This Ordinance takes effect up-
their designee may use firearms to control on publication.
rodent or animal problems when it is evi- Passed, approved, and adopted the 5t°day
dent that conventional control methods of July, 2017.
have not resolved the problem. /s/Roy D. Buol, Mayor
Book 147 Regular Session, July 5, 2017 322
Attest: /s/Kevin S. Firnstahl, City Clerk Health, Housing, Sanitation and Environment,
Published officially in the Telegraph Herald Chapter 4, Nuisances, Sedion 6-4-2 Defini-
newspaper on the 7t°day of July, 2017. tions and Title 14 Building and Development,
/s/Kevin S. Firnstahl, City Clerk Chapter 4 Licensing of Vacant and/or Aban-
doned Buildings, Sedion 14-14-1 Definitions.
OFFICIAL PUBLICATION Seconded by Resnick. Motion carried 7-0.
ORDINANCE NO. 31-17
AMENDING CITY OF DUBUQUE CODE OF OFFICIAL PUBLICATION
ORDINANCES TITLE 10 PUBLIC WAYS ORDINANCE NO. 32-17
AND PROPERTY, CHAPTER 5 PARKS AND AMENDING CITY OF DUBUQUE CODE OF
RECREATION, ARTICLE B USE REGULA- ORDINANCES TITLE 6 HEALTH, HOUSING,
TIONS, SECTION 10-5B-12 POSSESSION SANITATION AND ENVIRONMENT, CHAP-
OF FIREARMS, WEAPONS AND FIRE- TER 4 NUISANCES, SECTION 64-2 DEFINI-
WORKS TIONS AND TITLE 14 BUILDING AND DE-
NOW, THEREFORE, BE IT ORDAINED VELOPMENT, CHAPTER 4 LICENSING OF
BY THE CITY COUNCIL OF THE CITY OF VACANT AND/OR ABANDONED BUILD-
DUBUQUE, IOWA: INGS, SECTION 14-4-1 DEFINITIONS
Sedion 1. Section 10-5B-12 of the City of NOW, THEREFORE, BE IT ORDAINED
Dubuque Code of Ordinances is amended to BY THE CITY COUNCIL OF THE CITY OF
read as follows: DUBUQUE, IOWA:
10-5B-12: POSSESSION OF WEAPONS Sedion 1. Sedion 6-4-2 of the City of
AND FIREWORKS: Dubuque Code of Ordinances is hereby
A. Prohibition: The possession of air rifles, amended to read as follows:
bows and arrows, pellet guns or slingshots, or 6-4-2: DEFINITIONS:
fireworks of any description by any person As used in this chapter, the following defi-
within the limits of any park, parkway, trail, or nitions shall apply:
open space is hereby prohibited unless author- ABANDONED BUILDING: Any building or
ized through the issuance of a city special portion thereof which has stood with an in-
events permit under chapter 4 of this title. complete exterior shell for six (6) months or
B. Deer Hunting with Bow and Arrow: longer which meets one or more of the follow-
1. On City Property: Bow and arrow ing criteria:
hunting will only be allowed on city proper- A. Is unsecured;
ty in accordance with the deer manage- B. Is unoccupied; or
ment program adopted by the city manager C. Is in violation of the International
or city manager's designee. Property Maintenance Code, International
2. 6cception: An exception to these Building Code, or International Fire Code
rules may be granted if approved through a adopted by the city of Dubuque.
City of Dubuque special events permit. . . . .
Sedion 2. This Ordinance takes effed up- Sedion 2. Sedion 14-4-1 of the City of
on publication. Dubuque Code of Ordinances is hereby
Passed, approved, and adopted the 5t° day of amended to read as follows:
July, 2017. 14-4-1: DEFINITIONS:
/s/Roy D. Buol, Mayor For the purpose of this chapter, certain
Attest: /s/Kevin S. Firnstahl, City Clerk terms, phrases, words and their derivatives
Published officially in the Telegraph Herald shall be construed as specified in either this
newspaper on the 7t°day of July, 2017. chapter or as specified in the building code or
/s/Kevin S. Firnstahl, City Clerk the property maintenance code. Where terms
are not defined, they shall have their ordinary
2. Code of Ordinances Amendment- Titles accepted meanings within the context in which
6 and 14 Vacant and Abandoned Buildings: they are used. Unless otherwise expressly
City Manager recommending an ordinance stated or unless the context clearly indicates a
amendment to make the definition of an Aban- different intent, the following terms shall, for
doned Building the same in Title 6 and Title the purpose of this chapter, have the following
14. Motion by Jones to receive and file the meanings:
documents and that the requirement that a ABANDONED BUILDING: Any building or
proposed ordinance be considered and voted portion thereof which has stood with an in-
on for passage at hnro Council meetings prior complete exterior shell for six (6) months or
to the meeting at which it is to be passed be longer which meets one or more of the follow-
suspended. Seconded by Resnick. Motion ing criteria:
carried 7-0. A. Is unsecured;
Motion by Jones for final consideration and B. Is unoccupied; or
passage of Ordinance No. 32-17 Amending C. Is in violation of the International
City of Dubuque Code of Ordinances Title 6 Property Maintenance Code, International
Book 147 Regular Session, July 5, 2017 323
Building Code, or International Fire Code amended to read as follows:
adopted by the city of Dubuque. 9-14321.722: RESIDENTIAL PARKING
. . . . PERMIT PROGRAM ESTABLISHED:
Sedion 3. This Ordinance shall take effect There is hereby established a residential
upon publication. parking permit program. The procedure for
Passed, approved, and adopted this 5�° being designated a residential parking permit
day of July, 2017. district shall be as follows:
/s/Roy D. Buol, Mayor A. Petition:
Attest: /s/Kevin S. Firnstahl, City Clerk 1. Required: In order to be consid-
Published officially in the Telegraph Herald ered for a residential parking permit
newspaper on the 7t°day of July, 2017. district designation, a group of resi-
/s/Kevin S. Firnstahl, City Clerk dents must submit a petition to the city
manager containing the signature of an
3. Code of Ordinances Amendment - Title adult member of at least sixty percent
9 Residential Parking Permit Districts: City (60%) of the dwelling units in the resi-
Manager recommending amendments to the dential area. Petitions shall only be
city of Dubuque Code of Ordinances Title 9 considered for areas which contain at
Motor Vehicles and Traffic, Chapter 14 Park- least four (4) adjacent block faces or fif-
ing, Division 7 Residential Parking Permit Pro- ty (50) curb parking spaces. The
gram. boundaries of and the streets within the
Motion by Jones to amend the ordinance to proposed permit parking district shall
change the peak-period curbside parking be clearly identified on each page of
threshold from eighty(80%) percent to seventy the petition. The petition shall also state
(70%) percent as a criterion for the parking clearly that, if the distrid is approved
study that results from receipt of a petition. that participation in the program is
Seconded by Del Toro. City Engineer Gus mandatory, only those vehicles with a
Psihoyos and City Attorney Brumwell re- permit shall be permitted to park in the
sponded to questions from the City Council residential parking permit district be-
regarding the threshold percentage, the impact tween seven o'clock (7:00) a.m. and
on current parking districts, and that this five thirty o'clock (5:30) p.m. daily, or
amendment only effects the creation of new such other hours as may be requested
parking distrids. Motion carried 6-1 with Res- by the petition and approved by the city
nickvoting nay. council, except Sundays and holidays,
Motion by Jones to receive and file the and an annual fee will be charged for a
documents and that the requirement that a parking permit for each vehicle. The
proposed ordinance be considered and voted necessary petition can be obtained
on for passage at hnro Council meetings prior from the office of the city clerk. A cover
to the meeting at which it is to be passed be letter explaining the reasons for the re-
suspended. Seconded by Del Toro. Motion quest and a map showing the bounda-
carried 7-0. ries of the proposed parking permit dis-
Motion by Jones for final consideration and trict shall accompany the petition.
passage of Ordinance No. 33-17 Amending 2. Exception: A petition may be
City of Dubuque Code of Ordinances Title 9 considered for an area which contains
Motor Vehicles and Traffic, Chapter 14 Park- less than four (4) adjacent block faces
ing, Division 7 Residential Parking Permit Pro- or fifty (50) curb parking spaces if there
gram, Section 9-14321.722 Residential Park- are extenuating conditions that render
ing Permit Program Established. Seconded by such requirement unreasonable. Upon
Del Toro. Motion carried 7-0. the recommendation of the city manag-
er, such requirement may be waived by
OFFICIAL PUBLICATION the city council if it finds that the pro-
ORDINANCE NO. 33-17 posed residential distrid is isolated or
AMENDING CITY OF DUBUQUE CODE OF separated from other residential areas
ORDINANCES TITLE 9 MOTOR VEHICLES by topographical features or by com-
AND TRAFFIC, CHAPTER 14 PARKING, mercial area. The city council shall not
DIVISION 7 RESIDENTIAL PARKING PER- grant such a waiver, however, if it de-
MIT PROGRAM, SECTION 9-14-321.722 termines that the only basis for granting
RESIDENTIAL PARKING PERMIT PRO- such a waiver is the convenience of the
GRAM ESTABLISHED residents or if it determines that the
NOW, THEREFORE, BE IT ORDAINED waiver is being requested by the peti-
BY THE CITY COUNCIL OF THE CITY OF tioners to prevent opposition to estab-
DUBUQUE, IOWA: lishing a district. All other requirements
Section 1. Section 9-14321.722 of the City of this division must be established.
of Dubuque Code of Ordinances is hereby B. Parking Study: Upon receipt of a val-
Book 147 Regular Session, July 5, 2017 324
id petition, the city manager shall cause a D. Public Hearing: Upon receipt of the
parking study of the area identified in the report and recommendation from the city
petition to be conducted. A residential manager, the city council shall set a public
parking permit district may be established hearing on the petition. Upon completion of
only if the results of the study demonstrate the public hearing, the city council may re-
that both of the following criterions are sat- jed the petition or adopt an ordinance des-
isfied during peak periods: ignating the permit area as a residential
1. At least seventy percent(70%) of parking permit district and the hours such
the curbside parking spaces in the pro- parking restridions are to be in effect.
posed parking permit district were uti- E. Amendments:
lized during peak periods. For purposes 1. Amendments to the existing dis-
of this criterion, a legal curbside park- tricts for expansion or reduction of the
ing space shall be twenty-three (23) district must be requested by submit-
linear feet; and ting to the City Manager a petition con-
2. At least twenty five percent taining the signatures of an adult mem-
(25%) of the curbside parking spaces in ber of at least sixty percent (60%) of
the proposed parking district were uti- the dwelling units in the residential area
lized by nonresident parkers. For pur- proposed for expansion or reduction to
poses of this criterion, the latest availa- the distrid.
ble motor vehicle registration infor- 2. Amendments to the existing dis-
mation shall be used. tricts for a change in the days/times
C. Parking Study Report And Recom- must comply with the standards for es-
mendation: Upon completion of the parking tablishment of a district.
study, if the conditions of subsection B of 3. An amendment to expand or re-
this section are established, the city man- duce a district will not be considered if
ager shall make a report and recommenda- the proposed change will not meet the
tion to the city council, based upon the pe- requirement of two (2) block faces un-
tition and results of the survey, on whether less there are extenuating conditions
or not to designate the proposed parking that render such requirement unrea-
district or a portion thereof as a residential sonable.
parking permit district and the hours such 4. 6cpansion areas of a district will
restrictions are to be in effect. The recom- inherit the same days/times for parking
mendation shall take the following into ac- restrictions as the previously estab-
count: lished district.
1. The effed on the safety of the Sedion 2. This Ordinance shall take effect
residents of the proposed residential upon publication.
parking permit district from intensive Passed, approved, and adopted the 5t°day
parking by nonresidents; of July, 2017.
2. The difficulty or inability of resi- /s/Roy D. Buol, Mayor
dents of the proposed residential park- Attest: /s/Kevin S. Firnstahl, City Clerk
ing permit district to obtain adequate Published officially in the Telegraph Herald
curbside parking adjacent to or near newspaper on the 7t°day of July, 2017.
their residences because of wide- /s/Kevin S. Firnstahl, City Clerk
spread use of available curbside park-
ing spaces by nonresident motorists; 4. Code of Ordinances Amendment - Title
3. The likelihood of alleviating, by 14 Building Code and Advisory Appeals Board,
use of the residential parking permit Electrical Code Board, and Mechanical and
program, any problem of nonavailability Plumbing Code Board: City Manager recom-
of residential parking spaces; and mending amendments to the City of Dubuque
4. The desire of the residents in the Code of Ordinances related to the Building
proposed residential parking permit ar- Code and Advisory Appeals Board, Electrical
ea for the institution of a residential Code Board, and Mechanical and Plumbing
parking permit district and the willing- Code Board: Motion by Connors to receive
ness of those residents to bear the cost and file the documents and that the require-
incidental to the administration of the ment that a proposed ordinance be considered
residential parking permit program. and voted on for passage at hnro 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. 34-17 Amend-
ing City of Dubuque Code of Ordinances Title
14 Building and Development, Chapter 1
Book 147 Regular Session, July 5, 2017 325
Building Codes, Article A Building Code and The building code board sitting as an
Regulations, Section 14- 1A-6 Building Code appeal board shall meet not less than
and Advisory Appeals Board; Article D Electri- thirty (30) nor more than ninety (90)
cal Code, Section 14-1D-3 Electrical Code days after receiving such notice and
Board; Article F Mechanical Code, Section 14- render a decision within five (5)working
1F-4 Mechanical and Plumbing Code Board; days thereafter. Any interested party,
Article H Plumbing Code, Section 14-1 H-7 including the building official, shall have
Mechanical and Plumbing Code Board; Article the right to present their case to the
J Property Maintenance Code, Sections 14-1J- appeal board, whose decision shall be
2 International Property Maintenance Code final unless appealed to the district
Amendments and 14-1 J-7 Housing Board of court as provided by law.
Appeals. Seconded by Lynch. Motion carried The board of appeals may reverse
7-0. or modify a decision of the building offi-
cial only on finding that:
OFFICIAL PUBLICATION a. The building official had incor-
ORDINANCE NO. 34-17 rectly interpreted the provision of
AMENDING CITY OF DUBUQUE CODE OF this code; or
ORDINANCES TITLE 14 BUILDING AND b. The decision of the building
DEVELOPMENT, CHAPTER 1 BUILDING official creates an unnecessary
CODES, ARTICLE A BUILDING CODE AND hardship upon the appellant.
REGULATIONS, SECTION 14-1A-6 BUILD- The board of appeals shall require
ING CODE AND ADVISORY APPEALS that sufficient evidence or proof be
BOARD; ARTICLE D ELECTRICAL CODE, submitted to substantiate any claims
SECTION 14-1 D-3 ELECTRICAL CODE made regarding the use of alternates.
BOARD; ARTICLE F MECHANICAL CODE, All appeal hearings shall be con-
SECTION 14-1F4 MECHANICAL AND ducted in accordance with the proce-
PLUMBING CODE BOARD; ARTICLE H dures specified in this code.
PLUMBING CODE, SECTION 14-1H-7 ME- On issues before the board involv-
CHANICAL AND PLUMBING CODE BOARD; ing the Americans with disabilities act
ARTICLE J PROPERTY MAINTENANCE the board may elect to seek input from
CODE, SECTIONS 14-1J-2 INTERNATIONAL Americans with disabilities act advo-
PROPERTY MAINTENANCE CODE cates in the community. If the board
AMENDMENTS AND 14-1J-7 HOUSING elects to seek input from Americans
BOARD OF APPEALS with disabilities act advocates in the
NOW, THEREFORE, BE IT ORDAINED community, the board shall consultwith
BY THE CITY COUNCIL OF THE CITY OF a minimum of two (2) individuals.
DUBUQUE, IOWA: . . . .
Sedion 1. Section 14-1A-6 of the City of Sedion 2. Sedion 14-1D3 of the City of
Dubuque Code of Ordinances is hereby Dubuque Code of Ordinances is hereby
amended to read as follows: amended to read as follows:
14-1A-6: BUILDING CODE AND ADVISO- 14-1D3: ELECTRICALCODE BOARD:
RY APPEALS BOARD: . . . .
. . . . M. Powers: The board has the following
M. Powers: The board has the following powers, duties, and responsibilities:
powers, duties, and responsibilities: 1. Any person who is aggrieved by
1. Any person who is aggrieved by a decision of the building official on any
a decision of the building official on any requirements resulting from the en-
requirements resulting from the en- forcement of this code may appeal from
forcement of the building code may ap- such decision to the board and the
peal from such decision to the building board will serve as an appeal board. In
code board and said board shall serve case the aggrieved party is a member
as an appeal board. In case the ag- of the board, that member is disquali-
grieved party is a member of said fied as a member of the board acting
board, said member shall be disquali- as an appeal board until the appeal has
fied as a member of the board acting been heard and a decision rendered.
as an appeal board, until the person The appeal must be made by the
aggrieved has been heard and a deci- person aggrieved giving written notice
sion rendered. of such appeal to the building official
The appeal must be made by the within twenty (20) days of receipt of the
person aggrieved, giving written notice decision from which the appeal is tak-
of such appeal to the building official en. The board, sitting as an appeal
within twenty (20) days of receipt of de- board, must meet not less than thirty
cision from which the appeal is taken. (30) nor more than ninety (90) days af-
Book 147 Regular Session, July 5, 2017 326
ter receiving such notice and render a 2. Quorum: Four (4) members con-
decision within five (5) business days stitute a quorum for the transaction of
after the hearing. The decision of the business. The affirmative vote of a ma-
board is final unless appealed to the jority of the members present and vot-
district court as provided by law. ing is necessary for the adoption of any
The board, after hearing an appeal, motion or resolution.
has the authority to: 3. Attendance: Members of the
a. Uphold Decision: Uphold the board shall attend at least two-thirds
decision of the building official. (2/3) of all regularly scheduled and held
b. Reverse/Modify Decision: meetings within a twelve (12) month
Reverse or modify the decision of period. If any member does not attend
the building official but only on find- such prescribed number of ineetings, it
ing that the building official incor- shall constitute grounds for the board to
rectly interpreted the provision of recommend to the city council that the
this code. member be replaced. The attendance
c. Limitations Of Authority: The of all members shall be entered upon
board has no authority to interpret the minutes of all meetings.
the administrative provisions of this 4. Minutes: The code official shall
code nor is the board empowered file with the city council a copy of the
to waive any requirements of this minutes of each meeting of the board
code. In modifying or reversing a within ten (10) working days after each
decision of the building official, the such meeting, or by the next regularly
board may authorize an alternative scheduled city council meeting, which-
material or method of construction, ever is later.
provided the board finds the pro- 5. Policies: All administrative, per-
posed material or method of con- sonnel, accounting, budgetary, and
struction is satisfactory for the use procurement policies of the city shall
intended and complies with the pro- govern the board in its operations.
visions of this code and that the 6. Removal: The city council may
material or method is, for the pur- remove any member for cause upon
pose intended, at least equivalent written charges and after a public hear-
to that prescribed by this code in ing.
suitability, strength, effediveness, . . . .
durability, and safety. Sedion 4. Sedion 14-1 H-7 of the City of
All appeals must be conducted in accord- Dubuque Code of Ordinances is hereby
ance with the procedures specified in this amended to read as follows:
code. 14-1H-7: MECHANICAL AND PLUMBING
Sedion 3. Section 14-1 F-4 of the City of CODE BOARD:
Dubuque Code of Ordinances is hereby . . . .
amended to read as follows: I. Notice Of Meeting: The board shall
14-1 F-4: MECHANICAL AND PLUMBING meet upon notice from the chairman, within
CODE BOARD: not less than thirty (30) days and not more
. . . . than ninety (90) days of the filing of an ap-
I. Notice Of Meeting: The board shall peal, at stated periodic meetings, or at the
meet upon notice from the chairman, within written request of a majority of the mem-
not less than thirty (30) days and not more bers.
than ninety (90) days of the filing of an ap- . . . .
peal, at stated periodic meetings, or at the K. Hearing Procedure:
written request of a majority of the mem- 1. Procedures: The board shall
bers. adopt and make available to the public
. . . . through the secretary procedures under
K. Hearing Procedure: which a hearing will be conducted. The
1. Procedures: The board shall procedures shall not require compli-
adopt and make available to the public ance with strict rules of evidence, but
through the secretary procedures under shall mandate that only relevant infor-
which a hearing will be conducted. The mation be received.
procedures shall not require compli- 2. Quorum: Four (4) members con-
ance with strict rules of evidence, but stitute a quorum for the transaction of
shall mandate that only relevant infor- business. The affirmative vote of a ma-
mation be received. jority of the members present and vot-
ing is necessary for the adoption of any
motion or resolution.
Book 147 Regular Session, July 5, 2017 327
3. Attendance: Members of the which a hearing will be conducted. The
board shall attend at least two-thirds procedures shall not require compli-
(2/3) of all regularly scheduled and held ance with strict rules of evidence, but
meetings within a twelve (12) month shall mandate that only relevant infor-
period. If any member does not attend mation be received.
such prescribed number of ineetings, it 2. Quorum: Three (3) members
shall constitute grounds for the board to constitute a quorum for the transaction
recommend to the city council that the of business. The affirmative vote of a
member be replaced. The attendance majority of the members present and
of all members shall be entered upon voting is necessary for the adoption of
the minutes of all meetings. any motion or resolution.
4. Minutes: The code official shall 3. Attendance: Members of the
file with the city council a copy of the board shall attend at least two-thirds
minutes of each meeting of the board (2/3) of all regularly scheduled and held
within ten (10) working days after each meetings within a twelve (12) month
such meeting, or by the next regularly period. If any member does not attend
scheduled city council meeting, which- such prescribed number of ineetings, it
ever is later. shall constitute grounds for the board to
5. Policies: All administrative, per- recommend to the city council that the
sonnel, accounting, budgetary, and member be replaced. The attendance
procurement policies of the city shall of all members shall be entered upon
govern the board in its operations. the minutes of all meetings.
6. Removal: The city council may 4. Minutes: The city manager shall
remove any member for cause upon file with the city clerk a copy of the
written charges and after a public hear- minutes of each meeting of the board
ing. within ten (10) working days after each
. . . . such meeting.
Section 5. Section 14-1J-2 of the City of 5. Policies: All administrative, per-
Dubuque Code of Ordinances is hereby sonnel, accounting, budgetary, and
amended to read as follows: procurement policies of the city shall
14-1J-2: INTERNATIONAL PROPERTY govern the board in its operations.
MAINTENANCE CODE AMENDMENTS: 6. Removal: Except as provided in
The following additions, deletions, modifi- subsection K3 of this section, the city
cations, or amendments of the international council may remove any member for
property maintenance code, 2015 edition, good cause.
adopted in sedion 14-1J-1 of this article to . . . .
read as follows: Sedion 7. This Ordinance shall take effect
. . . . upon publication.
Sedions 1112 through 111.8 replaced Passed, approved, and adopted the 5t°day
with city of Dubuque code of ordinances sec- of July, 2017.
tion 14-1J-7 when under the purview of the /s/Roy D. Buol, Mayor
Housing Department and section 14-1A-6 Attest: /s/Kevin S. Firnstahl, City Clerk
when under the purview of the Building Ser- Published officially in the Telegraph Herald
vices Department. newspaper on the 7t°day of July, 2017.
. . . . /s/Kevin S. Firnstahl, City Clerk
Sedion 6. Section 14-1J-7 of the City of
Dubuque Code of Ordinances is hereby 5. Award Water System Improvements
amended to read as follows: Contract C Hwy 20 Water Main 6ctension Pro-
14-1J-7: HOUSING BOARD OF AP- ject: City Manager recommending award of the
PEALS: construction contract to the low bidder,
. . . . Portzen Construction, Inc., pending approval
I. Notice Of Meeting: The board shall by the Department of Natural Resources State
meet upon notice from the chairman, within Revolving Fund Agency. Motion by Lynch to
not less than ten (10) days and not more receive and file the documents and adopt
than ninety (90) days of the filing of an ap- Resolution No. 252-17 Awarding Public Im-
peal, at stated periodic meetings, or at the provement Contract for Westside Water Sys-
written request of a majority of the mem- tem Improvements Contract C: Hwy 20 Water
bers. Main Extension. Seconded by Resnick. Motion
. . . . carried 7-0.
K. Hearing Procedure:
1. Procedure: The board shall adopt
and make available to the public
through the secretary procedures under
Book 147 Regular Session, July 5, 2017 328
RESOLUTION NO. 252-17 Seconded by Lynch. Motion carried 7-0.
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR WESTSIDE WATER SYSTEM 9. Request to Schedule Work Session on
IMPROVEMENTS CONTRACT C: HWY 20 Schmitt Island: City Manager requesting that
WATER MAIN EXTENSION the Mayor and City Council schedule a work
Whereas, sealed proposals have been session on Monday, July 24, at 6:00 p.m. at
submitted by contractors for Westside Water the Historical Federal Building City Council
System Improvements - Contract C: HWY 20 Chamber regarding Schmitt Island. Motion by
Water Main 6ctension, (the Project) pursuant Connors to set the work session as recom-
to Resolution No. 198-17 and Notice to Bid- mended. Seconded by Del Toro. Motion car-
ders published on the City of Dubuque, lowa ried 7-0.
website and a contractor plan room service
with statewide circulation on the 9t° day of 10. Request for Work Session - Jule Oper-
March 2017; and ating and Training Center Walking Tour: City
Whereas, said sealed proposals were Manager requesting that the Mayor and City
opened and read on the 28t° day of June 2017 Council schedule a work session for a walking
and it has been determined that Portren Con- tour of the Jule Operations and Training Cen-
struction, Inc. of Dubuque, lowa, with a bid in ter on Monday, August 14, 2017, at 6:00 p.m.
the amount of $377,022.00 is the lowest re- starting at the parking lot at 925 Kerper Boule-
sponsive, responsible bidder for the Project. vard across from the Alliant Energy Power
NOW THEREFORE, BE IT RESOLVED Plant. Motion by Lynch to receive and file the
BY THE CITY COUNCIL OF THE CITY OF documents and set the wnrk session as rec-
DUBUQUE, IOWA: ommended. Seconded by Jones. Motion car-
That a Public Improvement Contract for the ried 7-0.
Projed is hereby awarded, to Portren Con-
strudion, Inc. and the City Manager is hereby COUNCIL MEMBER REPORTS
directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for Council Member Connors reported on
the Project, following such approval. meeting a couple traveling in Dubuque from
Passed, approved and adopted this 5t° day France and the local sightseeing information
of July, 2017. they shared and recommended.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk Mayor Buol elaborated on the U.S. Confer-
ence of Mayors Conference he recently at-
6. Water Main Break Standard Operating tended and his presentation on the Bee
Procedure: City Manager recommending Branch Creek Flood Mitigation Project and the
adoption of the revised City of Dubuque Water information shared about the Mississippi River
Department Standard Operating Procedures Cities and Towns Initiative and whaYs being
for Sanitary and Unsanitary (including Water done locally regarding water quality, and re-
Main Breaks) Conditions. Motion by Lynch to maining in the Paris Climate Agreement.
receive and file the documents and approve
the recommendation. Seconded by Connors. There being no further business, upon mo-
Motion carried 7-0. tion the City Council adjourned at 7:31 p.m.
7. lowans for Tau Relief Comparison: City /s/Kevin S. Firnstahl, CMC, City Clerk
Manager submitting a report prepared by lo-
wans for Tax Relief and supporting docu-
ments. Motion by Lynch to receive and file the
documents. Seconded by Connors. Motion
carried 7-0.
8. Dubuque Receives Livability Award for
Bee Branch Project from US Conference of
Mayors: Mayor Roy D. Buol reported on the
Outstanding Achievement Award the City of
Dubuque received for the Bee Branch Water-
shed Flood Mitigation Project at the 2017 City
Livability Awards Program on Saturday, June
24, during the U.S. Conference of Mayors'
85th Annual Meeting. Mayor Buol thanked the
citizens of Dubuque and pasUpresent Council
embers for their input and partnership. Motion
by Connors to receive and file the documents.
Book 147 Special Sessions, July 10 and 11, 2017 329
CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS CITY COUNCIL PROCEEDINGS
SPECIAL SESSION SPECIAL SESSION
OFFICIAL OFFICIAL
The Dubuque City Council met in special The Dubuque City Council met in special
session at 6:00 p.m. on July 10, 2017 in the session at 6:00 p.m. on July 11, 2017 in the
Historic Federal Building, 350 W. 6t°Street. Historic Federal Building, 350 W. 6�° Street.
Present: Mayor Buol; Council Members Present: Mayor Buol; Council Members
Connors, Del Toro, Lynch, Rios; City Manager Connors, Del Toro, Lynch, Rios; City Manager
Van Milligen, City Attorney Brumwell Van Milligen, City Attorney Brumwell
Absent: Council Members Jones and Res- Absent: Council Members Jones and Res-
nick nick
Mayor Buol read the call and stated this is Mayor Buol read the call and stated this is
a special session of the City Council called for a special session of the City Council called for
the purpose of conducting a work session re- the purpose of conducting a work session on
garding Imagine Dubuque Comprehensive the St. Ambrose University Traffic Stop Study
Plan Update and Southwest Arterial Update. Analysis.
WORK SESSIONS WORK SESSIONS
Imagine Dubuque Comprehensive Plan St.Ambrose University Traffic Stop
Study Analysis.
Mike Hoffman, Project Manager from the
consulting firm Teska Associates, Inc. and Police Chief Mark Dalsing introduced Dr.
Assistant Planner Dave Johnson presented an Chris Barnum, MCJ Program Director of St.
overview of the process and conceptual out- Ambrose University(SAU)who was contracted
line, format, themes and content for the new to conduct an independent traffic study focus-
Dubuque Comprehensive Plan. The Communi- ing on evaluating stops made by the Dubuque
ty engagement process for this plan centered Police Department (DPD) between January 1,
on Sustainable Dubuque, Equity, and sought 2015 and December 31, 2015. The study cen-
public input in traditional, innovative and inclu- tered on two broad categories of discretionary
sive ways. More than 12,500 ideas from all police conduct:
demographics of the community have shared 1. racial disparity in vehicle stops - in-
ideas which in turn serve as the foundation in stantiated as racial differences in the likeli-
developing a community vision, themes, and a hood of being stopped by the DPD.
draft outline. 2. dissimilarities across racial de-
mographics in the outcome or disposition
Southwest Arterial (US Highway 52) Project of a stop.
Status Update The study's methodology includes using
multiple sources of data to establish baselines
A status update on the development, ad- on population. Included in this data is the use
vancement, and construction progress for the of point-in-time traffic counts. SAU used a di-
Southwest Arterial (U.S. 52) Project was pre- verse group of trained observers to gather the
sented by Civil Engineer Bob Schiesl. Topics driving demographics at various times during
included: the day and night, in locations where traffic
• Transfer of Jurisdiction stops generally occur. This data was used in
• Property Acquisitions conjunction with census and other measured
• Final Engineering Design demographic data and is compared with de-
• Construction partment traffic stop data such as Stop Anal-
• Current Funding yses Results and Stop Outcomes Results.
• Additional Funding Requested Findings from the examination of dispro-
portionality in vehicle stops show little or no
There being no further business, upon mo- evidence of disparity. Given that the term ra-
tion the City Council adjourned at 7:08 p.m. cial profiling is generally applied to contexts
where the police use race as a factor in decid-
/s/Trish L. Gleason, CMC, Assistant City Clerk ing whether to stop a vehicle, and that racial
profiling routinely shows up as disparity in traf-
fic stops, the results from this portion of the
Book 147 Regular Session, July 17, 2017 330
analyses provide no evidence that the Dubu- CITY OF DUBUQUE, IOWA
que Police Department systematically en- CITY COUNCIL PROCEEDINGS
gaged in racial profiling in 2015. Dr. Barnum
reiterated that he found no evidence for racial REGULAR SESSION
profiling OFFICIAL
Dr. Barnum suggested that the City of
Dubuque conduct one additional round of The Dubuque City Council met in regular
analyses. The proposed work could utilize session at 6:00 p.m. on July 17, 2017 in the
DPD traffic stop data from 2016 and 2017, with Historic Federal Building, 350 W. 6t° Street.
no updates to observational zone benchmarks
needed. Present: Mayor Buol; Council Members
Dr. Barnum responded to questions and Connors, Del Toro, Jones, Lynch, Resnick,
comments from the City Council. Rios; City Manager Van Milligen, City Attorney
Brumwell
There being no further business, upon mo-
tion the City Council adjourned at 7:00 p.m. Mayor Buol read the call and stated this is
a regular session of the City Council called for
/s/Trish L. Gleason, CMC, Assistant City Clerk the purpose of conducting such business that
may properly come before the City Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. Verbal Status Report on Storm Damage
Clean Up: Emergency Management Director
Tom Berger, Public Works Director John
Klostermann, Leisure Services Manager Marie
Ware, and City Engineer Gus Psihoyos pro-
vided a verbal status report on the July 11,
2017 storm damage clean up. Topics included:
stating of rain totals and wind velocities; areas
of town most effected; local flooding, city and
residential tree damage; street damage; en-
gagement of emergency operations activities
and timelines, clean up teams and procedures,
volunteer and staff hours. ongoing clean up
and projected costs.
PROCLAMATION(S)
1. Dubuque County Fair Week(July 2530,
2017) was accepted by Dubuque County Fair
General Manager Kevin Kotr.
CONSENTITEMS
Motion by Lynch to receive and file the
documents, adoptthe resolutions, and dispose
of as indicated. Seconded by Jones. Motion
carried 7-0.
1. Minutes and Reports Submitted: City
Council Proceedings of 7/5, 7/10, 7/11; City
Council Compensation Task Force of 6/26;
Civil Service Commission of 6/29; Community
Development Advisory Commission of 6/29;
Historic Preservation Commission of 6/15;
Library Board of Trustees of 5/25; Library
Board of Trustees Council Update #162 of
6/22;
Book 147 Regular Session, July 17, 2017 331
Long Range Planning Advisory Commission of 9. Jule Transit Route Changes: City Man-
6/20; Resilient Community Advisory Commis- ager providing a public information brochure
sion of 6/1; Transit Advisory Board of 6/29; refleding the Jule Transit route changes. Upon
Zoning Advisory Commission of 7/5; Zoning motion the document was received and filed.
Board of Adjustment of 6/27; Proof of Publica-
tion for City Council Proceedings of 6/12, 6/19, 10. Finley Hospital for Cancer Survivor
6/21; Proof of Publication for List of Claims Park Lease Agreement: City Manager recom-
and Summary of Revenues for Month Ending mending approval of a three-year Lease
5/31. Upon motion the documents were re- Agreement with Finley Hospital for Cancer
ceived and filed. Survivor Park with stipulations. Upon motion
the documents were received, filed and ap-
2. Notice of Claims and Suits: John proved.
Gansemer for vehicle damage; David Mac-
Kenzie for vehicle damage; Jane Worm for 11. Four Mounds Capacity Building Report:
vehicle damage. Upon motion the documents City Manager recommending City Council ac-
were received and filed and referred to the City ceptance of the Capacity Building Report
Attorney. completed by Four Mounds Foundation for
development of short- and long-term strategic
3. Disposition of Claims: City Attorney ad- planning. Upon motion the documents were
vising that the following claims have been re- received, filed and approved.
ferred to Public Entity Risk Services of lowa,
the agent for the lowa Communities Assurance 12. Federal Historic Tax Credit Projects in
Pool: John Gansemer for vehicle damage, lowa: City Manager providing information from
David MacKenzie for vehicle damage, and the National Trust for Historic Preservation and
Jane Worm for vehicle damage. Upon motion the Historic Tax Credit Coalition on projects in
the documents were received, filed, and con- lowa that have received Federal Historic Tax
curred. Credits from 2002 to 2015. Upon motion the
documents were received and filed.
4. Inclusive Dubuque 2017 Advancing Eq-
uity Report: City Manager transmitting the 13. AmeriCorps Grant Agreement for Fis-
2017 Advancing Equity: Community Efforts cal Year 2017-2018: City Manager recom-
and Outcomes report from Inclusive Dubuque. mending approval of the 2017-2018 Ameri-
Upon motion the document was received and Corps Partners in Learning Campaign for
filed. Grade Level Reading Agreementwith the lowa
Commission on Volunteer Service. Upon mo-
5. CodeRED Emergency Notification Sys- tion the documents were received, filed and
tem: City Manager providing the public infor- approved.
mation brochure on the CodeRED Emergency
Notification System. Upon motion the docu- 14. Pre-Annexation Agreement — John G.
ment was received and filed. and Kelly L. Schlichte: City Manager recom-
mending approval of a Pre-Annexation
6. St. Ambrose University Dubuque Police Agreement with John G. and Kelly L. Schlich-
Traffic Stop Summary: City Manager providing te, property owners of Lot 11 in Twin Ridge
the St. Ambrose University Dubuque Police Subdivision No. 4. Upon motion the docu-
Traffic Stop Summary presented at the July ments were received and filed and Resolution
12, 2017 City Council work session. Upon mo- No. 253-17 Approving a Pre-Annexation
tion the document was received and filed. Agreement between the City of Dubuque, lowa
and John G. and Kelly L. Schlichte was adopt-
7. Bee Branch Healthy Homes Resiliency ed.
Program Brochure: City Manager providing the
Bee Branch Health Homes Resiliency Program RESOLUTION NO. 253-17
public information brochure. Upon motion the APPROVING A PRE-ANNEXATION
document was received and filed. AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND JOHN G. AND
8. Imagine Dubuque Draft Future Land Use KELLY L. SCHLICHTE
Map: City Manager transmitting information on Whereas, John G. and Kelly L. Schlichte,
the draft Imagine Dubuque Future Land Use owners of the following described property in
Map proposed process for seeking public in- Dubuque County, lowa (the Property) have
put. Upon motion the documents were re- submitted to the City Council of the City of
ceived and filed. Dubuque an application for voluntary annexa-
tion of the Property to the City of Dubuque:
Lots 11 in Twin Ridge Subdivision No.
4 in Section 12 in Table Mound Town-
Book 147 Regular Session, July 17, 2017 332
ship, Dubuque County, lowa, according 1 and may continue to be used as a mainte-
to the recorded plat thereof; and nance shop only by Linwnod Cemetery as a
Whereas, John G. and Kelly L. Schlichte legal non-conforming use; and
have entered into a Pre-annexation Agreement Whereas, said Plat of Survey has been ex-
with the City of Dubuque a copy of which is amined by the Zoning Advisory Commission
attached hereto governing the future annexa- and hadits approvalendorsedthereon; and
tion of the Property; and Whereas, said Plat of Survey has been ex-
Whereas, the Property is not subject to an amined by the City Council and they find that it
existing annexation moratorium; and conforms to the statues and ordinances relat-
Whereas, the Property does not include ing thereto.
any state or railroad property; and NOW THEREFORE, BE IT RESOLVED
Whereas, lowa Code Section 368.7 author- BY THE CITY COUNCIL OF THE CITY OF
izes the voluntary annexation of property in DUBUQUE, IOWA:
Dubuque County, lowa and the extension of Sedion 1. That Section 11-14 of Title 16 of
city limits by voluntary annexation; and the City of Dubuque Code of Ordinances, Uni-
Whereas, the annexation of the Property is fied Development Code, is waived to allow 0
consistent with the Comprehensive Plan of the feet of frontage on a public street or an ap-
City of Dubuque, necessary for the future or- proved private street for Lot 1.
derly growth and development of the City of Section 2. That the Linwood Cemetery
Dubuque, and will promote efficient and cost maintenance shop is a legal non-conforming
effective extension of municipal services; and use and will remain as such until such time as
Whereas, the City Council finds that the the property ceases to be owned and operated
annexation of the Property is in the public in- by Linwood Cemetery.
terest. Sedion 3. That the Plat of Survey of Lin-
NOW THEREFORE, BE IT RESOLVED wood-Burden Avenue No. 2 is hereby ap-
BY THE CITY COUNCIL OF THE CITY OF proved and the Mayor and City Clerk are
DUBUQUE, IOWA: hereby authorized and direded to endorse the
Section 1. The Pre-annexation Agreement approval of the City of Dubuque, lowa upon
by and between John G. and Kelly L. Schlichte said Plat of Survey.
and the City of Dubuque is hereby approved. Passed, approved and adopted this 17�n
Passed, approved and adopted this 17t° day of July, 2017.
day of July, 2017. Roy D. Buol, Mayor
Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk
Attest: Kevin S. Firnstahl, City Clerk
16. Plat of Survey Lot 1-1 and Lot 2-1 of
15. Plat of Survey - Linwood-Burden Ave- Dubuque Industrial Center West 2nd Addition:
nue Place No. 2: Zoning Advisory Commission Zoning Advisory Commission recommending
recommending approval of the Plat of Survey approval of the Plat of Survey Lot 1-1 and Lot
for Linwood-Burden Avenue Place No. 2 sub- 2-1 of Dubuque Industrial Center West 2nd
ject to waiving the lot frontage requirement for Addition subject to waiving the lot frontage
Lot 1 as requested by Buesing & Associates. requirement for Lot 2 of 1 as requested by the
Upon motion the documents were received City of Dubuque Engineering Department.
and filed and Resolution No. 254-17 Approving Upon motion the documents were received
the Plat of Survey of Linwood-Burden Avenue and filed and Resolution No. 255-17 Approving
Place No. 2 in the City of Dubuque, lowa was the Plat of Survey of Lot 1-1 & Lot 2-1 of
adopted. Dubuque Industrial Center West 2nd Addition
in the City of Dubuque, lowa was adopted.
RESOLUTION NO. 254-17
APPROVING THE PLAT OF SURVEY OF RESOLUTION NO. 255-17
LINWOOD-BURDEN AVENUE PLACE NO. 2 RESOLUTION APPROVING THE PLAT OF
IN THE CITY OF DUBUQUE, IOWA SURVEY OF LOT 1-1 8. LOT 2-1 OF DUBU-
Whereas, there has been filed with the City QUE INDUSTRIAL CENTER WEST 2ND AD-
Clerk a Plat of Survey of Linwood-Burden Av- DITION IN THE CITY OF DUBUQUE, IOWA
enue Place No. 2 in the City of Dubuque, lowa; Whereas, the City of Dubuque (City) and
and Dubuque County, lowa (County) have entered
Whereas, said Plat of Survey provides 0 into an Offer to Buy and Acceptance (the
feet of frontage for Lot 1 on a public or ap- Agreement), pursuant to which City will convey
proved private street, where 50 feet of street 3.88 acres of real property in Dubuque Indus-
frontage is required by Section 11-14 of Title trial Center West 2od Addition to County; and
15 of the City of Dubuque Code of Ordinances, Whereas, the Agreement requires that the
Unified Development Code; and property be surveyed and platted in order to be
Whereas, said Plat of Survey places Lin- sold; and
wood Cemetery's maintenance building on Lot Whereas, there has been filed with the City
Book 147 Regular Session, July 17, 2017 333
Clerk a Plat of Survey of Lot 1-1 & Lot 2-1 of Dubuque No. 3 is hereby approved and the
Dubuque Industrial Center West 2nd Addition Mayor and City Clerk are hereby authorized
in the City of Dubuque, lowa; and and direded to endorse the approval of the
Whereas, said Plat of Survey provides 0 City of Dubuque, lowa upon said final plat.
feet of frontage for Lot 2-1 on a public or ap- Passed, approved and adopted this 17�n
proved private street; and day of July, 2017.
Whereas, 50 feet of street frontage is re- Roy D. Buol, Mayor
quired by Sedion 11-14 of Title 15 of the City Attest: Kevin S. Firnstahl, City Clerk
of Dubuque Code of Ordinances, Unified De-
velopment Code; and 18. Northwest Arterial and Chavenelle
Whereas, said Plat of Survey has been ex- Road Left Turn Lane Improvement Project
amined by the Zoning Advisory Commission Acceptance: City Manager recommending
and had its approval endorsed thereon; and acceptance of the public improvement con-
Whereas, said Plat of Survey has been ex- struction contract for the Northwest Arterial /
amined by the City Council and the City Coun- Chavenelle Intersection Left Turn Lane Im-
cil finds that the Plat conforms to the statues provements Project, as completed by Eastern
and ordinances relating thereto. lowa Excavating & Concrete, LLC Upon mo-
NOW THEREFORE, BE IT RESOLVED tion the documents were received and filed
BY THE CITY COUNCIL OF THE CITY OF and Resolution No. 257-17 Accepting the
DUBUQUE, IOWA: Northwest Arterial / Chavenelle Intersection
Section 1. That Section 11-14 of Title 16 of Left Turn Lane Improvements Project and au-
the City of Dubuque Code of Ordinances, Uni- thorizing the final payment to the contractor
fied Development Code, is waived to allow 0 was adopted.
feet of frontage for Lot 2-1 on a public street or
an approved private street. RESOLUTION NO. 257-17
Sedion 2. That the Plat of Survey is here- ACCEPTING THE NORTHWEST ARTERIAL/
by approved and the Mayor and City Clerk are CHAVENELLE INTERSECTION LEFT TURN
hereby authorized and direded to endorse the LANE IMPROVEMENTS PROJECT AND
approval of the City of Dubuque, lowa upon AUTHORIZING THE FINAL PAYMENT TO
said Plat of Survey. THE CONTRACTOR
Passed, approved and adopted this 17�° Whereas, the public improvement contract
day of July, 2017. for the Northwest Arterial / Chavenelle Inter-
Roy D. Buol, Mayor section Left Turn Lane Improvements (the
Attest: Kevin S. Firnstahl, City Clerk Project) has been completed by the Contrac-
tor, Eastern lowa Excavating & Concrete, LLC
17. Final Plat - East Dubuque No. 3 / 232 (Contractor), and the City Engineer has exam-
E. 14t° Street: Zoning Advisory Commission ined the wnrk and signed a certificate stating
recommending approval of the Final Plat for that the Project has been completed according
East Dubuque No. 3 / 232 E. 14t° Street as to the terms of the Public Improvement Con-
requested by Community Housing Initiatives, tract and that the City Engineer recommends
Inc. Upon motion the documents were re- that the Project be accepted; and
ceived and filed and Resolution No. 256-17 Whereas, the final contract amount for the
Approving the Final Plat of East Dubuque No. Projed is$172,954.82; and
3, in the City of Dubuque, lowa was adopted. Whereas, the Contractor has previously
been paid $164,307.08, leaving a balance of
RESOLUTION NO. 256-17 $8,647.74; and
RESOLUTION APPROVING THE FINAL Whereas, the City Council finds that the
PLAT OF EAST DUBUQUE NO. 3, IN THE recommendation of the City Engineer should
CITY OF DUBUQUE, IOWA be accepted.
Whereas, there has been filed with the City NOW, THEREFORE, BE IT RESOLVED
Clerk the Final Plat of East Dubuque No. 3, in BY THE CITY COUNCIL OF THE CITY OF
the City of Dubuque, lowa, and DUBUQUE, IOWA:
Whereas, said Final Plat has been exam- Section 1. The recommendation of the City
ined by the Zoning Advisory Commission and Engineer is approved and the Project is hereby
had its approval endorsed thereon; and accepted.
Whereas, said Final Plat has been exam- Section 2. The Finance Director is hereby
ined by the City Council and they find that it directed to pay to the Contractor from the Elm
conforms to the statutes and ordinances relat- Street Complete Streets program appropria-
ing to it. tions for the contract amount of $752,587.73
NOW THEREFORE, BE IT RESOLVED less any retained percentage provided for
BY THE CITY COUNCIL OF THE CITY OF therein as provided in lowa Code.
DUBUQUE, IOWA: Sedion 3. The Finance Director is hereby
Sedion 1. That the Final Plat of East direded to pay to the Contractor the balance
Book 147 Regular Session, July 17, 2017 334
of the retainage of $8,647.74 as provided in Frad. '/a SW'/a, all in Section 7, T88N, R2E of
lowa Code chapter 573, and to pay such re- 5t° P.M., Dubuque County, lowa.
tainage in accordance with the provisions of NOW THEREFORE, BE IT RESOLVED
lowa Code chapter 573 or lowa Code chapter BY THE CITY COUNCIL OF THE CITY OF
26.13. DUBUQUE, IOWA:
Passed, approved and adopted this 17t° Sedion 1. The City Council of the City of
day of July 2017. Dubuque, lowa, hereby approves of, accepts
Roy D. Buol, Mayor and consents to the Grant of Easement for
Attest: Kevin S. Firnstahl, City Clerk Water Main Utility through, over and across
Part of Lot 1 A-2 E'/�SW Fract. '/a& NW Frad.
CITY ENGINEER'S CERTIFICATE OF FINAL '/a SW'/a, and Part of Lot 1-2 E'/�SW Fract. '/a
COMPLETION OF THE NORTHWEST AR- & NW Fract. '/a SW '/a, all in Sedion 7, T88N,
TERIAL / CHAVENELLE INTERSECTION R2E of 5t° P.M., Dubuque County, lowa as
LEFT TURN LANE IMPROVEMENTS PRO- shown on the attached Grant of Easement for
JECT Water Main Utility and Exhibit A, from Broad-
The undersigned City Engineer of the City view Court, LLC, a copy of which is attached
of Dubuque, lowa, hereby certifies that he has hereto.
inspected the Northwest Arterial / Chavenelle Sedion 2. The Mayor is hereby authorized
Intersection Left Turn Lane Improvements and directed to execute and acknowledge on
Project, and that the Project has been com- behalf of the City of Dubuque any instruments
pleted in compliance with the terms of the Pub- in connection herewith.
lic Improvement Contract, and that the total Section 3. The City Clerk is hereby author-
cost of the completed wnrk is$198,898.04. ized to and directed to record this resolution
Dated this 14t°day of June 2017. and Grant of Easement for Water Main Utility
/s/Gus Psihoyos, City Engineer with the Dubuque County Recorder.
Filed in the office of the City Clerk on the 14t° Passed, approved and adopted this 17�n
day of June 2017. day of July, 2017.
/s/Kevin Firnstahl, City Clerk Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Acceptance of Grant of Easement of
Water Main Utility at 14755 North Cascade 20. BP Pipelines, Inc., / Southwest Arterial
Road: City Manager recommending ac- Project Utility Relocation Reimbursement
ceptance of the Grant of Easement for Water Agreement: City Manager recommending ap-
Main Utility across Broadview Court, LLC proval and authorization for the City Manager
property at 14755 North Cascade Road as part to execute a Phase II — Construction Utility
of the Westside Water System Improvements Relocation Reimbursement Agreement with
2017: Contract C HWY 20 Water Main Exten- BP Pipelines (North America) Inc. for the relo-
sion that include water main extension and cation of a petroleum distribution pipeline im-
connection to the Barrington Lakes water sys- pacted by the Southwest Arterial and the fu-
tem to the City of Dubuque water supply. Upon ture East Grading Phase II Project. Upon mo-
motion the documents were received and filed tion the documents were received and filed
and Resolution No. 258-17 Accepting a Grant and Resolution No. 259-17 Approving a Phase
of Easement for Water Main Utility Through, II Construction Utility Relocation Reimburse-
Over and Across Part of Lot 1A-2 E '/� SW ment Agreement with BP Pipelines (North
Fract. '/a& NW Fract. '/a SW'/a, and part of Lot America) Inc. for the relocation of a petroleum
1-2 E'/�SW Fract. '/a& NW Fract. '/a SW'/a, all distribution pipeline associated with the East
in Section 7, T88N, R2E of 5T" P.M., Dubuque Grading Project and the continued develop-
County, lowa was adopted. ment and advancement of the Southwest Arte-
rial Projed was adopted.
RESOLUTION NO. 258-17
ACCEPTING A GRANT OF EASEMENT FOR RESOLUTION NO. 259-17
WATER MAIN UTILITY THROUGH, OVER RESOLUTION APPROVING A PHASE II
AND ACROSS PART OF LOT 1A-2 E Yz SW CONSTRUCTION UTILITY RELOCATION
FRACT. Ya 8. NW FRACT. Ya SW Ya, AND REIMBURSEMENT AGREEMENT WITH BP
PART OF LOT 1-2 E Yz SW FRACT. Ya 8. NW PIPELINES (NORTH AMERICA) INC. FOR
FRACT. Ya SW Ya, ALL IN SECTION 7, T88N, THE RELOCATION OF A PETROLEUM DIS-
R2E OF ST" P.M., DUBUQUE COUNTY, 10- TRIBUTION PIPELINE ASSOCIATED WITH
WA THE EAST GRADING PROJECT AND THE
Whereas, Broadview Court, LLC has exe- CONTINUED DEVELOPMENT AND AD-
cuted a Grant of Easement for Water Main VANCEMENT OF THE SOUTHWEST ARTE-
Utility through, over and across part of Part of RIAL PROJECT
Lot 1A-2 E'/� SW Fract. '/a & NW Fract. '/a SW Whereas, the City is proceeding with the
'/a, and Part of Lot 1-2 E '/�SW Fract. '/a & NW proposed East Grading Project (hereafter Pro-
Book 147 Regular Session, July 17, 2017 335
ject) in accordance with its plans and specifi- 21. Continuum of Care Special Needs As-
cations, which the City has designed as part of sistance Program Sponsor Agreement with
the Southwest Arterial Project; and East Central Development Corporation: City
Whereas, prior to the City commencing Manager recommending approval of an
work on the Project, the City needs to have an agreement for services with East Central De-
existing in-service 10-inch petroleum distribu- velopment Corporation for administration of
tion pipeline relocated; and the Continuum of Care Special Needs Assis-
Whereas, the 10-inch petroleum distribu- tance Program that program provides rental
tion pipeline is owned and operated by the BP assistance to homeless persons with disabili-
Pipelines (North America), Inc. (hereafter BP) ties. Upon motion the documents were re-
and located on its own easements upon land ceived,filed and approved.
acquired by the City for the Projed shall be
relocated in accordance with a Phase II — 22. Traffic Safety Grant - University Ave-
Construction Utility Relocation Reimbursement nue / Grandview Avenue Roundabout Project:
Agreement(hereafter Agreement); and City Manager recommending approval for the
Whereas, it has been determined that the Mayor to execute a Funding Agreement with
utility relocation to be completed by BP shall the lowa Department of Transportation for a
be separated into a Phase I - Engineering De- Traffic Safety Improvement Grant to assist with
sign and a Phase II - Utility Construdion Relo- the construdion of a proposed roundabout at
cation; and the intersection of University Avenue and
Whereas, on February 6, 2017, City Coun- Grandview Avenue. Upon motion the docu-
cil authorized (Resolution No. 41-17) and en- ments were received and filed and Resolution
tered into a Phase I - Design Utility Relocation No. 260-17 Approving the lowa Department of
ReimbursementAgreementwith BP; and Transportation Agreement for Traffic Safety
Whereas, the Phase I - Engineering De- Improvement Program Funding for the City of
sign phase is nearing completion and the City Dubuque University Avenue and Grandview
is now able to proceed with executing an Avenue intersection improvements was adopt-
agreement with BP for the Phase II - Utility ed.
Construdion Relocation; and
Whereas, BP shall initially pay all costs to RESOLUTION NO. 260-17
relocate and adjust its facilities as covered by RESOLUTION APPROVING THE IOWA DE-
the Agreement; and PARTMENT OF TRANSPORTATION
Whereas, upon reasonable satisfadory AGREEMENT FOR TRAFFIC SAFETY IM-
completion the City will pay BP for said eligible PROVEMENT PROGRAM FUNDING FOR
reimbursement costs as covered by the THE CITY OF DUBUQUE UNIVERSITY AV-
Agreement. ENUE AND GRANDVIEW AVENUE INTER-
NOW THEREFORE, BE IT RESOLVED SECTION IMPROVEMENTS
BY THE CITY COUNCIL OF THE CITY OF Whereas, the increasing growth of traffic
DUBUQUE, IOWA, THAT: volumes, along with operational and safety
Section 1. That said Phase II - Construc- concerns, at University Avenue and Grandview
tion Utility Relocation Reimbursement Agree- Intersection in the City of Dubuque could be
ment between the City of Dubuque and BP improved by a roundabout; and
Pipelines (North America), Inc. is hereby ap- Whereas, the City of Dubuque has deter-
proved. mined that improvements to this intersection,
Section 2. That the City Manager be au- as recommended in the East-West Corridor
thorized and directed to execute three copies Connedivity Study of the University Avenue
of said Agreement between the City of Dubu- and Grandview Avenue HDR Engineering and
que and BP Pipelines (North America), Inc. for Dubuque Metropolitan Area Transportation
the relocation of the petroleum distribution Study (DMATS) Long-Range Transportation
pipeline associated with the Project and the Plans, will improve traffic flow; and
continued development and advancement of Whereas, the total cost for these improve-
the Southwest Arterial Project. ments is $964,842.00. The Traffic Safety Im-
Passed, approved and adopted this 17t° provement Funding Program will fund
day of July 2017. $500,000 for this project.
Roy D. Buol, Mayor NOW THEREFORE, BE IT RESOLVED
Attest: Kevin S. Firnstahl, City Clerk 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 University Avenue and
Grandview Avenue Intersection Improvements
is hereby approved.
Sedion 2. That the Mayor be authorized
Book 147 Regular Session, July 17, 2017 336
and directed to execute two copies of said 29. Greater Dubuque Development Corpo-
Agreement for Traffic Safety Improvement ration Laborshed Analysis: City Manager
Program Funding in the City of Dubuque for transmitting the 2017 Laborshed Analysis from
the University Avenue and Grandview Avenue the Greater Dubuque Development Corp. Up-
Intersection Improvements. on motion the documents were received and
Passed, approved and adopted this 17t° filed.
day of July 2017.
Roy D. Buol, Mayor 30. Office of Auditor of the State: Corre-
Attest: Kevin S. Firnstahl, City Clerk spondence from the Office of Auditor of State
informing the City of a request for a re-audit of
23. Fiber Optic Cable Facilities Agreement the City for Fiscal Year ended June 30, 2016.
Between City of Dubuque and MCC lowa, Upon motion the documents were received
LLC: City Manager recommending approval of and filed.
the Fiber Optic Cable Facilities Agreement
between the City of Dubuque and MCC lowa, 31. Improvement Contracts/ Performance,
LLC (Mediacom). Upon motion the documents Payment and Maintenance Bonds: Drew Cook
were received, filed and approved. & Sons 6ccavating Co., Inc. for the 2017
Windsor Sanitary Sewer Manhole Project;
24. Assignment of Communication Sys- Portzen Construction, Inc. for the Water Sys-
tems Right-of-Way Easement with AT&T: City tem Improvements 2017 Contract A (English
Manager recommending approval of the As- Mill Road/North Cascade Road Water Main
signment of Communication Systems Right-of- Ext.); Portzen Construction, Inc. for the Water
Way and Easement related to the disposition System Improvements 2017 Contract B (Eng-
or abandonment of a conduit and fiber route lish Mill Road Pumping Facility). Upon motion
owned by AT&T. Upon motion the documents the documents were received, filed and ap-
were received, filed and approved. proved.
25. Park and Recreation Commission Cor- 32. Alcohol License Applications: City
respondence on Priorities: Park and Recrea- Manager recommending approval of annual
tion Commission providing the City Council beer, liquor and wine licenses as submitted.
with its recommendations on projects or activi- Upon motion the documents were received
ties it feels should be priorities for park and and filed and Resolution No. 261-17 Approving
recreation facilities and areas during the up- applications for beer, liquor, and/or wine per-
coming Fiscal Year 2019 goal setting, budget mits, as required by City of Dubuque Code of
preparations and budget hearings. Upon mo- Ordinances Title 4 Business and License Reg-
tion the documents were received and filed. ulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits
26. Greater Dubuque Development Corpo- was adopted.
ration 2016-2017 Annual Report: City Manager
transmitting the Greater Dubuque Develop- RESOLUTION NO. 261-17
ment Corporation 2016-2017 Annual Report. APPROVING APPLICATIONS FOR BEER,
Upon motion the documents were received LIQUOR, AND/OR WINE PERMITS, AS RE-
and filed. QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
27. Greater Dubuque Development Corpo- CENSE REGULATIONS, CHAPTER 2 LIQ-
ration Annual Meeting Keynote Speaker Re- UOR CONTROL, ARTICLE B LIQUOR,
marks: City Manager submitting remarks of the BEER AND WINE LICENSES AND PERMITS
Greater Dubuque Development Corporation Whereas, applications for Beer, Liquor,
Annual Meeting Keynote Speaker, Dr. Thomas and or Wine Permits have been submitted and
Tuttle. Upon motion the documents were re- filed with the City Council for approval and the
ceived and filed. same have been examined and approved; and
Whereas, the premises to be occupied by
28. Greater Dubuque Development Corpo- such applicants were inspected and found to
ration Skills Gap Analysis: City Manager comply with the Ordinances of the City and the
transmitting the Fall 2016 Greater Dubuque applicants have filed the proper fees and
Region Skills Gap Analysis from the Greater bonds and otherwise complied with the re-
Dubuque Development Corp. Upon motion the quirements of the Code of Ordinances.
documents were received and filed. NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Sedion 1. The City Clerk is hereby author-
ized and direded to cause to be issued the
noted permit types to the following applicants
Book 147 Regular Session, July 17, 2017 337
pending submission of the locally required Enderson Jr., 511 St. George St. (Additional
documentation: Application); Dora Serna, 2160 Marion St. Mo-
Renewals tion by Connors to appoint Mr. Enderson and
Bell Tower Productions, 2728 Asbury Rd., Ms. Serna to 3-year terms through July 30,
Special Class C Liquor(Sunday) 2020. Seconded by Jones. Motion carried 7-0.
The Lift, 180 Main St., Class C Liquor (Sun-
day) PUBLIC HEARINGS
Walnut Tap Tavern, 709 University Ave., Class
C Liquor(Sunday) 1. Request to Rezone - Seippel Court
Passed, approved and adopted this 17t° Commercial Park (8180 Seippel Road): Proof
day of July, 2017. of publication on notice of public hearing to
Roy D. Buol, Mayor approve a request from Brian Lammers to re-
Attest: Kevin S. Firnstahl, City Clerk zone Lot 9 of Seippel Court Commercial Park
(8180 Seippel Road) from CS Commercial
BOARDS/COMMISSIONS Service and Wholesale to AG Agricultural and
the Zoning Advisory Commission recommend-
Applicants were invited to address the City ing approval. Motion by Jones to receive and
Council regarding their desire to serve on the file the documents and that the requirement
following boards/commissions. that a proposed ordinance be considered and
voted on for passage at two Council meetings
1. Community Development Advisory prior to the meeting at which it is to be passed
Commission: One, 3-year term through Febru- be suspended. Seconded by Connors. Devel-
ary 15, 2020 (Vacant term of Blok). Applicant: oper Brian Lammers, spoke in support of the
Nicole Borovic, 3163 Hillcrest Rd. (Qualifies as request and provided background on the de-
Low-to Moderate-Income Representative) velopment. Planning Services Manager Laura
Carstens provided a staff report. Motion car-
2. Housing Commission: One, 3-year term ried 7-0.
through August 17, 2018 (Vacant term of Ked- Motion by Jones for final consideration and
ley). Applicant: Shane Hoeper, 252 N. passage of Ordinance No. 35-17 Amending
GrandviewAve. Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by reclas-
3. Library Board of Trustees (Mayor ap- sifying hereinafter described property located
pointment): One, 4-year term through July 1, at the end of Seippel Court from CS Commer-
2021 (6cpiring term of Willis). Applicants: Greg cial Service and Wholesale District to AG Agri-
Gorton, 1295 Prairie St.; Rosemary Kramer, cultural District. Seconded by Connors. Motion
2554 Rosewood Dr.; Pam Mullin, 2050 Mullen carried 7-0.
Rd.; Ann Pelelo, 2125 Simpson St. Each ap-
plicant spoke in support of their respective OFFICIAL PUBLICATION
appointment and provided a brief biography. ORDINANCE NO. 35-17
AN ORDINANCE AMENDING TITLE 16 OF
Appointments were made to the following THE CITY OF DUBUQUE CODE OF ORDI-
boards/commission. NANCES, UNIFIED DEVELOPMENT CODE,
BY RECLASSIFYING HEREINAFTER DE-
4. Housing Commission: One, 3-year term SCRIBED PROPERTY LOCATED AT THE
through August 17, 2020 (6cpiring terms of END OF SEIPPEL COURT FROM CS COM-
Baumhover). Applicant: Richard Baumhover, MERCIAL SERVICE AND WHOLESALE
601 Garfield Ave. Motion by Jones to appoint DISTRICT TO AG AGRICULTURAL DIS-
Mr. Baumhover to a 3-year term through Au- TRICT
gust 17, 2020. Seconded by Resnick. Motion NOW, THEREFORE, BE IT ORDAINED
carried 7-0. BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
5. Resilient Community Advisory Commis- Section 1. That Title 16 of the City of
sion: One, 3-year term through June 30, 2020 Dubuque Code of Ordinances, Unified Devel-
(Expiring term of Kennicker). Applicant: Robin opment Code, is hereby amended by reclassi-
Kennicker, 2929 Elm St. (Qualifies as Com- fying the hereinafter—described property from
mission Representative). Motion by Connors to CS Commercial Service and Wholesale Dis-
appoint Ms. Kennicker to a 3-year term trict to AG Agricultural District,to wit:
through June 30, 2020. Seconded by Lynch. Lot 9 of Seippel Road Commercial
Motion carried 7-0. Park, and to the centerline of the ad-
joining public right-of-way, all in the City
6. Transit Advisory Board: Twn, 3-year of Dubuque, lowa.
terms through July 30, 2020 (Expiring terms of
Enderson and Serna). Applicants: George
Book 147 Regular Session, July 17, 2017 338
Section 2. That the foregoing amendment APPROVAL OF PLANS, SPECIFICATIONS,
has heretofore been reviewed by the Zoning FORM OF CONTRACT, AND ESTIMATED
Advisory Commission of the City of Dubuque, COST FOR THE GRANDVIEW AVENUE 8.
lowa. LORAS BOULEVARD INTERSECTION IM-
Sedion 3. This Ordinance shall take effect PROVEMENT PROJECT
immediately upon publication as provided by NOW THEREFORE, BE IT RESOLVED
law. BY THE CITY COUNCIL OF THE CITY OF
Passed, approved and adopted this 17t° DUBUQUE, IOWA:
day of July, 2017. That the proposed plans, specifications,
/s/Roy D. Buol, Mayor form of contract and estimated cost for the
Attest: /s/Kevin S. Firnstahl, City Clerk Grandview Avenue & Loras Boulevard Inter-
Published officially in the Telegraph Herald section Improvement Project, in the estimated
newspaper on the 21��day of July, 2017. amount$306,965.40, are hereby approved.
/s/Kevin S. Fimstahl, City Clerk Passed, adopted and approved this 17�n
day of July 2017.
2. Dubuque Regional Airport Rental Car Park- Roy D. Buol, Mayor
ing Lot Projed 2017: Proof of publication on Attest: Kevin S. Firnstahl, City Clerk
notice of public hearing to consider approval of
the plans, specifications, form of contract, and 4. Phase I - 17t° Street Storm Sewer Im-
estimated cost for the Dubuque Regional Air- provement Project: Proof of publication on
port Rental Car Parking Lot Project 2017 and notice of public hearing to approve the plans,
the City Manager recommending approval. specifications, form of contract and estimated
Motion by Connors to receive and file the doo- cost for the Phase 1 - 17t° Street Storm Sewer
uments and adopt Resolution No. 262-17 Ap- Improvement Project and the City Manager
proval of plans, specifications, form of con- recommending approval. Motion by Jones to
tract, and estimated cost for the Dubuque Re- receive and file the documents and adopt
gional Airport Rental Car Parking Lot Project Resolution No. 264-17 Approval of plans,
2017. Seconded by Resnick. Motion carried 7-0. specifications, form of contract, and estimated
cost for the Phase 1 17t° Street storm Sewer
RESOLUTION NO. 262-17 Improvements Project. Seconded by Del Toro.
APPROVAL OF PLANS, SPECIFICATIONS, Civil Engineer Deron Muehring responded to
FORM OF CONTRACT, AND ESTIMATED questions from the City Council regarding the
COST FOR THE DUBUQUE AIRPORT extreme curb height in the project area stating
RENTAL CAR PARKING LOT PROJECT that the expedation is to reconstrud it to usual
2017 street standard adding that requirements relat-
NOW THEREFORE, BE IT RESOLVED ed to historic structures and the potential use
BY THE CITY COUNCIL OF THE CITY OF of federal funds may impact that decision. Mo-
DUBUQUE, IOWA: tion carried 7-0.
That the proposed plans, specifications,
form of contract and estimated cost for the RESOLUTION NO. 264-17
Dubuque Airport Rental Car Parking Lot Pro- APPROVAL OF PLANS, SPECIFICATIONS,
ject 2017, in the estimated amount FORM OF CONTRACT, AND ESTIMATED
$209,95521, are hereby approved. COST FOR PHASE I 17T" STREET STORM
Passed, adopted and approved this 17t° SEWER IMPROVEMENTS PROJECT
day of July 2017. NOW THEREFORE, BE IT RESOLVED
Roy D. Buol, Mayor BY THE CITY COUNCIL OF THE CITY OF
Attest: Kevin S. Firnstahl, City Clerk DUBUQUE, IOWA:
That the proposed plans, specifications,
3. Grandview Avenue and Loras Boulevard form of contract and estimated cost for Phase I
Traffic Signal Reconstruction Project: Proof of 17t° Street Storm Sewer Improvements Pro-
publication on notice of public hearing to con- ject, in the estimated amount $1,677,530.00,
sider approval of plans, specifications, form of are hereby approved.
contract and estimated cost for the Grandview Passed, adopted and approved this 17�n
Avenue and Loras Boulevard Traffic Signal day of July 2017.
Reconstruction Projed and the City Manager Roy D. Buol, Mayor
recommending approval. Motion by Connors to Attest: Kevin S. Firnstahl, City Clerk
receive and file the documents and adopt
Resolution No. 263-17 Approval of plans, 5. Black Hills Energy Grant of Easement:
specifications, form of contract, and estimated Proof of publication on notice of public hearing
cost for the Grandview Avenue & Loras Boule- to consider approval of a Grant of Easement to
vard Intersection Improvement Project. Se- Black Hills Energy to facilitate connection of
conded by Jones. Motion carried 7-0. the gas system being constructed by BRD
RESOLUTION NO. 263-17 Three, LLC at the Water& Resource Recovery
Book 147 Regular Session, July 17, 2017 339
Center to Black Hills Energy's Dubuque Gas the best interest of the City to approve the
Distribution System and the City Manager rec- Grant of Easement.
ommending approval. Motion by Connors to NOW, THEREFORE, BE IT RESOLVED
receive and file the documents and adopt BY THE CITY COUNCIL OF THE CITY OF
Resolution No. 265-17 Disposing of an interest DUBUQUE, IOWA:
in City of Dubuque real estate pursuant to an Sedion 1. The Mayor is hereby authorized
Easement Granted by the City of Dubuque to and directed to execute the attached Grant of
Black Hills/lowa Gas Utility Company, LLC dba Easement to Black Hills Energy.
Black Hills Energy to facilitate connedion of Sedion 2. The City Manager and the City
the gas system being constructed by BRD Attorney are authorized to take such further
Three, LLC at the Water Resource& Recovery action as is necessary to finalize the Grant of
Center to Black Hills Energy's Dubuque Gas Easement.
Distribution System. Seconded by Resnick. Passed, approved and adopted this 17�n
City Manager Van Milligen provided additional day of July, 2017.
information on the sale of Bio CNG and its Roy D. Buol, Mayor
future use in City vehicles, and the potential for Attest: Kevin S. Firnstahl, City Clerk
related environmental credits. Motion carried
7-0. ACTION ITEMS
RESOLUTION NO. 265-17 1. Bee Branch Creek Greenway Opening
DISPOSING OF AN INTEREST IN CITY OF Celebration: City Manager provided the Bee
DUBUQUE REAL ESTATE PURSUANT TO Branch Creek Greenway ribbon cutting cele-
AN EASEMENT GRANTED BY THE CITY OF bration invitation for 4:00 p.m. on Wednesday,
DUBUQUE TO BLACK HILLS/IOWA GAS July 19, at the Bee Branch Amphitheater with
UTILITY COMPANY, LLC DBA BLACK events from 5:00 to 7:00 p.m. Motion by Lynch
HILLS ENERGY TO FACILITATE CONNEC- to receive and file the documents. Seconded
TION OF THE GAS SYSTEM BEING CON- by Connors. City Manager Van Milligen reiter-
STRUCTED BY BRD THREE, LLC AT THE ated the itinerary and adivities scheduled for
WATER RESOURCE AND RECOVERY the celebration. Civil Engineer Deron Muehring
CENTER TO BLACK HILLS ENERGY'S addressed the readiness of the greenway in
DUBUQUE GAS DISTRIBUTION SYSTEM response to questions from the City Council
Whereas, the City of Dubuque has entered regarding the construction fencing.
into a Lease and a Gas System Development
and Operating Agreement with BRD Three, 2. EPA Brownfields Area Wide Plan -
LLC for the construction and operation of a South Port Update: The City of Dubuque's
Gas System at the Dubuque Water & Re- consultant, Shive Hattery, will give a presenta-
source Recovery Center as described therein; tion on their work administering the 2015 EPA
and Brownfields Area Wide Planning Grant for the
Whereas, BRD Three, LLC and Black South Port area. Motion by Connors to receive
Hills/lowa Gas Utility Company, LLC d/b/a and file the documents. Seconded by Resnick.
Black Hills Energy have entered into a Facili- Economic Development Director Maurice
ties Interconnection and Operating Agreement Jones and representatives of Shive Hattery,
to connect the Gas System to Black Hills En- Inc. Dave Tallman and Stacey Brockett pro-
ergy's Dubuque Gas Distribution System; and vided a brief presentation. Topics included:
Whereas, Black Hills Energy has request- grant background, a description of project
ed that the City of Dubuque grant to Black Hills teams and stakeholders, the project schedule
Energy an easement to facilitate connection of December 2015 - September 2017, and a re-
the Gas System to Black Hills Energy's Dubu- view of the preferred concept. Mr. Tallman and
que Gas Distribution System; and Ms. Brockett responded to questions from the
Whereas, Black Hills Energy and the City City Council regarding concerns over the rail
have tentatively agreed to the terms of an crossing impacting access and egress for the
Easement for the easement area shown on South Port and alternatives routes. Motion
Exhibit A attached thereto, which is located on carried 7-0.
the following described real property:
Part of Lot 1 of Lot 1 of the NE Fract. '/a of 3. Final Plat of Rustic Point Estates Subdi-
the NW'/a of Sec. 6, T88N, R3E.; and vision —Phase 1: City Manager recommending
Whereas, on July 17, 2017, the City Coun- approval of the Final Plat of Rustic Point Es-
cil pursuant to notice published as required by tates Subdivision — Phase 1. Motion by Con-
law held a public hearing on its intent to dis- nors to receive and file the documents and
pose of the foregoing interest BY Grant of
Easement and overruled all objections thereto;
and
Whereas, the City Council finds that it is in
Book 147 Regular Session, July 17, 2017 340
adopt Resolution No. 266-17 Authorizing ap- Point Lane (Lot H) to grade and to con-
proval of the Final Plat of Rustic Point Estates strud longitudinal sub-drain, concrete curb
in the City of Dubuque, lowa. Seconded by and gutter with asphaltic concrete pave-
Lynch. Motion carried 7-0. ment or with Portland Cement concrete
pavement with integral curb, and tempo-
RESOLUTION NO. 266-17 rary cul-de-sacs, all in accordance with the
A RESOLUTION AUTHORIZING APPROVAL City of Dubuque standard specifications in
OF THE FINAL PLAT OF RUSTIC POINT a manner acceptable to the City Engineer,
ESTATES IN THE CITY OF DUBUQUE, 10- in conformance with construction im-
WA provement plans approved by the City En-
Whereas, there has been filed with the City gineer, and inspected and approved by the
Clerk a Final Plat of Rustic Point Estates in the City Engineer.
City of Dubuque, lowa; and (b) To install sanitary sewer mains and
Whereas, upon said final plat appear public sewer service laterals into each individual
streets to be known Derby Grange Road (Lot lot, water mains and water service laterals
B), John F. Kennedy Road (Lot C), Barnwood into each individual lot, storm water deten-
Lane (Lot E), Wagon Wheel Lane (Lot F), tion basins, storm sewers and catch ba-
Sickle Lane (Lot G) and Rustic Point Lane (Lot sins, boulevard street lighting, fiber optic
H), together with certain public utility, storm conduit and vaults, and erosion control de-
sewer, sanitary sewer, detention basin access, vices all in accordance with the City of
cul-de-sac (temporary), and water main ease- Dubuque standard specifications in a man-
ments, which the owner by said final plat has ner acceptable to the City Engineer, and in
dedicated to the public forever; and accordance with construction improvement
Whereas, the preliminary plat has been plans approved by the City Engineer, and
examined by the Zoning Advisory Commission inspected and approved by the City Engi-
and its approval has been endorsed thereon; neer.
and (c) To construct accessible sidewalk
Whereas, said final plat has been reviewed ramps at each intersection and street
by the City Planner and her approval has been crossings in accordance with City of Dubu-
endorsed thereon, subjed to the owner's que Standards and Specifications, all in a
agreeing to the conditions specified herein; manner acceptable to the City Engineer,
and and in accordance with the construction
Whereas, said final plat has been exam- improvement plans approved by the City
ined by the City Council and the City Council Engineer, and inspected and approved by
find the final plat conforms to the applicable the City Engineer.
statutes and ordinances, except that streets (d) To construct concrete sidewalk
and public utilities have not yet been complete- across Lot A in accordance with City of
ly constructed or installed. Dubuque Standards and Specifications, all
NOW THEREFORE, BE IT RESOLVED in a manner acceptable to the City Engi-
BY THE CITY COUNCIL OF THE CITY OF neer, and in accordance with the construc-
DUBUQUE, IOWA: tion improvement plans approved by the
Sedion 1. That the dedication of Derby City Engineer, and inspeded and approved
Grange Road (Lot B), John F. Kennedy Road by the City Engineer.
(Lot C), Barnwood Lane (Lot �, Wagon Wheel (e) To construct the improvements out-
Lane (Lot F), Sickle Lane (Lot G) and Rustic lined in (a), (b), (c), and (d), above within
Point Lane (Lot H), together with certain public two years from the date of acceptance of
utility, storm sewer, sanitary sewer, detention this resolution, at the sole expense of the
basin access, cul-de-sac (temporary), and owners, or future owner.
water main easements, as they appear on said (� To maintain the improvements out-
final plat, be and the same are hereby accept- lined in (a), (b), (c) and (d) above for a pe-
ed; and riod of hnro (2) years from the date of the
Section 2. That the Final Plat of Rustic acceptance of those improvements by the
Point Estates is hereby approved and the City Council of the City of Dubuque, lowa,
Mayor and City Clerk are hereby authorized at the sole final expense of the owners, or
and directed to endorse the approval of the future owner.
City of Dubuque, lowa, upon said final plat, (g) That Derby Grange, LLC shall pro-
provided the owners of said property herein vide documentation within 90 days of Final
named, execute their written acceptance of the Plat approval that the private easements
attached conditions and further agree: (Document Numbers 2009-7712, 2009-
(a) To reduce Derby Grange Road (Lot 7714, and 2007-18315) within the pro-
B), John F. Kennedy Road (Lot C), Barn- posed Barnwood Lane (Lot E) and Rustic
wood Lane (Lot E), Wagon Wheel Lane Point Lane (Lot H) right-of-way have been
(Lot F), Sickle Lane (Lot G) and Rustic vacated.
Book 147 Regular Session, July 17, 2017 341
(h) That access to Derby Grange Road certification of the City Engineer to the City
is prohibited from Lots 8 thru 15 of Rustic Council that the public improvements have
Point Estates. been completed in accordance with the ap-
(i) To provide security for the perfor- proved improvement plans and City standards
mance of the foregoing conditions speci- and specifications and accepted by City Coun-
fied in this Section in such form and with cil Resolution.
such sureties as may be acceptable to the Section 8. That in the event Derby Grange,
City Manager of the City of Dubuque, lowa. LLC fails to execute the acceptance and fur-
Sedion 3. That sidewalk installation shall nish the guarantees provided hereof within 180
be the responsibility of each lot owner for each days after the date of this Resolution, the pro-
lot abutting the public rights-of-way, including visions hereof shall be null and void and the
lots with multiple frontages, as required by City acceptance of the dedication and approval the
Code Chapter 10-1-2 (Sidewalk Installation platshall not be effective.
and Repair). Passed, approved and adopted this 17�n
Section 4. That the owner must construct day of July, 2017.
and maintain erosion control devices in Rustic Roy D. Buol, Mayor
Point Estates which control erosion and pre- Attest: Kevin S. Firnstahl, City Clerk
vent sediment from leaving the site. The owner
shall also be responsible for maintenance of ACCEPTANCE OF
the detention facility located on Lot A of Rustic RESOLUTION NO. 266-17
Point Estates until 80% of the lots in Rustic I, the undersigned, Brian Riniker, repre-
Point Estates, which drain into said detention senting Derby Grange, LLC, having read the
facility, have been fully developed and ade- terms and conditions of the Resolution No.
quate erosion control measures, as approved 266-17 and being familiar with the conditions
by the City Engineer, have been installed on thereof hereby accept this same and agree to
the remaining 20% of said lots. Until the above the conditions required therein.
80% of lots are developed, maintenance of the Dated in Dubuque, lowa this day 28t° day
detention facility in Lot A of Rustic Point Es- of July 2017.
tates shall include the removal of sediment /s/Brian Riniker
and other debris caused by construction activi- Derby Grange, LLC
ties in Rustic Point Estates and reshaping and
reseeding of the disturbed areas. After said 4. Rustic Point Estates Subdivision - Kress
80% lots are developed, inspection, admin- Right-of-Way. Acquisition and Dedication Plat:
istration, and maintenance expenses incurred City Manager recommending approval of the
by the City of Dubuque for the storm water Acquisition Plat of Lot A of Lot 2, Lot B of Lot
detention facility on Lot A of Rustic Point Es- 2, and Lot C of Lot 2, in Tscharner Place No.
tates shall be assessed against the property 4, from James F. and Janet M. Kress, which
owners, except the City of Dubuque, in Rustic provides additional right-of-way for the public
Point Estates, as indicated on the preliminary streets (Rustic Point Lane, Barnwood Lane,
plats thereof, in equal amounts. The City Man- and Derby Grange Road) in and adjacent to
ager shall certify such costs to the City Clerk, Rustic Point Estates Subdivision. Motion by
who in turn shall promptly certify such costs to Connors to receive and file the documents and
the Dubuque County Treasurer, and such adopt Resolution No. 267-17 Approving the
costs shall then be collected with and in the Acquisition Plat of Lot A of Lot 2, Lot B of Lot
same manner as general property taxes in 2, and Lot C of Lot 2, in Tscharner Place No.
accordance with provisions of law. 4, in the City of Dubuque, Dubuque County,
Section 5. That the owner must maintain lowa. Seconded by Lynch. Motion carried 7-0.
the temporary cul-de-sacs on Wagon Wheel
Lane and on Sickle Lane, except for snow RESOLUTION NO. 267-17
removal and deicing, until such time as the APPROVING THE ACQUISITION PLAT OF
construction of Phase 2 of the subdivision be- LOT A OF LOT 2, LOT B OF LOT 2, AND
gins or owner designs and constructs perma- LOT C OF LOT 2, IN TSCHARNER PLACE
nent cul-de-sac improvements to current City NO. 4, IN THE CITY OF DUBUQUE, DUBU-
Standards and dedicates said improvements QUE COUNTY, IOWA
and an appropriate right of way to the City. Whereas, there has been presented to the
Sedion 6. That the planting of street trees City Council of the City of Dubuque, lowa, an
shall be coordinated with the City Forester. Acquisition Plat dated June 26, 2017 prepared
Any trees planted within the street right-of-way by Schneider Land Surveying and Planning,
must be chosen and planted by the City of Inc., describing Lot A of Lot 2, Lot B of Lot 2,
Dubuque Leisure Services Department at the and Lot C of Lot 2, in Tscharner Place No. 4,
developer's expense. in the City of Dubuque, Dubuque County, lo-
Sedion 7. That the final acceptance of the wa; and
public improvements shall only occur upon Whereas, said plat conforms to the laws
Book 147 Regular Session, July 17, 2017 342
and statutes pertaining thereto; and garding official traffic control signals which
Whereas, upon said plat appears Lot A of includes a flashing yellow arrow signal, a
Lot 2, Lot B of Lot 2, and Lot C of Lot 2, to- steady upraised hand signal, a flashing up-
gether with certain easements for public street raised hand signal, an upraised hand with
and utilities, which James F. and Janet M. countdown signal, and a walking person sig-
Kress, by said plat have dedicated to the pub- nal. Motion by Jones to receive and file the
lic forever; and documents and that the requirement that a
Whereas, the dedication of said lots as proposed ordinance be considered and voted
Right of Way is necessary to have a full 50 on for passage at two Council meetings prior
foot right of way width for the new streets in to the meeting at which it is to be passed be
Rustic Point Estates Subdivision. suspended. Seconded by Lynch. Motion car-
NOW THEREFORE, BE IT RESOLVED ried 7-0.
BY THE CITY COUNCIL OF THE CITY OF Motion by Jones for final consideration and
DUBUQUE, IOWA: passage of Ordinance No. 36-17 Amending
Sedion 1. That the plat dated June 26, City of Dubuque Code of Ordinances Title 9
2017 prepared by Schneider Land Surveying Motor Vehicles and Traffic, Chapter 7 Opera-
and Planning, Inc., relative to the real estate tion, Division 1 Traffic Signs, Signals and
hereinabove described be and the same is Markings, Section 9-7-321.257 Official Traffic
hereby approved, and the Mayor and City Control Signals to mirror the State Code. Se-
Clerk be and they are hereby authorized and conded by Lynch. Motion carried 7-0.
direded to execute said plat and on behalf of
the City of Dubuque, lowa. OFFICIAL PUBLICATION
Sedion 2. That the dedication of Lot A of ORDINANCE NO. 36-17
Lot 2, Lot B of Lot 2, and Lot C of Lot 2, in AMENDING CITY OF DUBUQUE CODE OF
Tscharner Place No. 4, in the City of Dubuque, ORDINANCES TITLE 9 MOTOR VEHICLES
for street Right of Way purposes, together with AND TRAFFIC, CHAPTER 7 OPERATION,
the easements for public utilities as they ap- DIVISION 1 TRAFFIC SIGNS, SIGNALS AND
pear on said Acquisition Plat, be and the same MARKINGS, SECTION 9-7-321.257 OFFI-
are hereby accepted. CIAL TRAFFIC CONTROL SIGNALS TO
Sedion 3. That the City Clerk be and is MIRROR THE STATE CODE
hereby authorized and directed to file said plat NOW, THEREFORE, BE IT ORDAINED
and certified copy of this resolution in the office BY THE CITY COUNCIL OF THE CITY OF
of the Recorder, in and for Dubuque County, DUBUQUE, IOWA:
lowa. Sedion 1. Sedion 9-7321257 of the City
Section 4. That James F. and Janet M. of Dubuque Code of Ordinances is amended
Kress shall provide, to the City of Dubuque, to read as follows:
within 90 days of plat approval, documentation 9-7-321.257: OFFICIAL TRAFFIC-
showing that the private easements (Docu- CONTROL SIGNAL:
ment Numbers 2007-18315 and 2009-7714) A. For the purposes of this section "stop at
within said Lots A, B, and C of Lot 2, have the official traffic-control signal" means stop-
been vacated. ping at the first opportunity at either the clearly
Passed, approved and adopted this 17t° marked stop line or before entering the cross-
day of July, 2017. walk or before entering the intersedion.
Roy D. Buol, Mayor B. Official traffic-control signals consisting
Attest: Kevin S. Firnstahl, City Clerk of colored lights or colored lighted arrows shall
regulate vehicle and pedestrian traffic in the
ACCEPTANCE RESOLUTION NO. 267-17 following manner:
We, the undersigned, James F. and Janet 1. A"steady circular red"or"steady red
M. Kress, having read the terms and condi- arrovJ' light means vehicular traffic shall
tions of the Resolution No. 267-17 and being stop. Vehicular traffic shall remain standing
familiar with the conditions thereof hereby ac- until a signal to proceed is shown or vehic-
cept this same and agree to the conditions ular traffic, unless prohibited by a sign,
required therein. may cautiously enter the intersection to
Dated in Dubuque, lowa this day 18t° day make a right tum from the right lane of traf-
of September 2017. fic or a left turn from a one-way street to a
/s/Janet M. Kress one-way street from the left lane of traffic
/s/James F. Kress on a one-way street onto the leftmost lane
of traffic on a one-way street. Turns made
5. Code of Ordinances Amendment - Title under this paragraph shall be made in a
9 Official Traffic Control Signals: City Manager manner that does not interfere with other
recommending approval of an amendment to vehicular or pedestrian traffic lawfully using
the City of Dubuque Code of Ordinances so the intersedion. Pedestrian traffic facing a
that City Code will mirror the lowa Code re- steady circular red light shall not enter the
Book 147 Regular Session, July 17, 2017 343
roadway unless the pedestrian can safely an traffic facing the illuminated pedestrian
cross the roadway without interfering with signal shall not start to cross the roadway
anyvehiculartraffic. in the direction of the pedestrian signal,
2. A "steady circular yellovJ' or "steady and pedestrian traffic in the crossing shall
yellow arrovJ' light means vehicular traffic proceed to a safety zone. The "upraised
is warned that the related green movement hand with countdown" light is a pedestrian
is being terminated and vehicular traffic signal that also provides the time remain-
shall no longer proceed into the intersec- ing for the pedestrian to complete the
tion and shall stop. If the stop cannot be crossing.
made in safety, a vehicle may be driven 10. A "walk" or "walking person" light is
cautiously through the intersection. Pedes- a pedestrian signal which means that pe-
trian traffic is warned that there is insuffi- destrian traffic facing the illuminated pe-
cient time to cross the intersection and any destrian signal may proceed to cross the
pedestrian starting to cross the roadway roadway in the diredion of the pedestrian
shall yield the right-of-way to all vehicles. signal and shall be given the right-of-way
3. A"steady circular green" light means by drivers of all vehicles.
vehicular traffic may proceed straight, turn Passed, approved, and adopted the 17�n
right or turn left through the intersedion un- day of July, 2017.
less otherwise specifically prohibited. Ve- /s/Roy D. Buol, Mayor
hicular traffic shall yield the right-of-way to Attest: /s/Kevin S. Firnstahl, City Clerk
other vehicular and pedestrian traffic law- Published officially in the Telegraph Herald
fully within the intersedion. newspaper on the 21��day of July, 2017.
4. A "steady green arrovJ' light shown /s/Kevin S. Firnstahl, City Clerk
alone or with another official traffic-control
signal means vehicular traffic may cau- 6. City Council Salary Compensation Task
tiously enter the intersection and proceed Force Recommendation: City Council Com-
in the direction indicated by the arrow. Ve- pensation Task Force submitting its recom-
hicular traffic shall yield the right-of-way to mendation for Council Member salaries effec-
other vehicles and pedestrians lawfully tive January 1, 2018. Restated motion by
within the intersection. Connors to receive and file the documents and
5. A "flashing circular red" light means concur with the recommendation. Seconded
vehicular traffic shall stop and after stop- by Resnick. City Council discussed the neces-
ping may proceed cautiously through the sity, appropriateness and timing of an increase
intersection yielding to all vehicles not re- and its potential appeal to future candidates for
quired to stop or yield which are within the Council. Motion carried 5-2 with Del Toro and
intersection or approaching so closely as to Rios voting nay.
constitute a hazard, but then may proceed.
6. A "flashing yellovJ' light means ve- COUNCIL MEMBER REPORTS
hicular traffic shall proceed through the in-
tersection or past such signal with caution. Council Member Jones reported on moving
7. A "flashing yellow arrovJ' light shown his mother, Ruth Jones, back to Dubuque after
alone or with another official traffic-control 14 years of living away.
signal means vehicular traffic may cau-
tiously enter the intersection and proceed There being no further business, upon mo-
only in the direction indicated by the arrow. tion the City Council adjourned at 7:29 p.m.
Vehicular traffic shall yield the right-of-way
to other vehicles and pedestrians lawfully /s/Kevin S. Firnstahl, CMC, City Clerk
within the intersection and any vehicle on
the opposing approach which is approach-
ing so closely as to constitute an immedi-
ate hazard during the time the driver is
moving within the intersection.
8. A "don't walk" or "steady upraised
hand" light is a pedestrian signal which
means that pedestrian traffic facing the il-
luminated pedestrian signal shall not start
to cross the roadway in the direction of the
pedestrian signal, and pedestrian traffic in
the crossing shall proceed to a safety
zone.
9. A "flashing upraised hand" or "up-
raised hand with countdown" light is a pe-
destrian signal which means that pedestri-
Book 147 Special Sessions,July 20 and 24, 2017 344
CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS CITY COUNCIL PROCEEDINGS
SPECIAL SESSION SPECIAL SESSION
OFFICIAL OFFICIAL
The Dubuque City Council met in special The Dubuque City Council met in special
session at 5:40 p.m. on July 20, 2017 in Con- session at 6:00 p.m. on July 24, 2017 in the
ference Room B, City Hall, 50 W. 13t°Street. Historic Federal Building, 350 W. 6�° Street.
Present: Mayor Buol; Council Members Present: Mayor Buol; Council Members
Connors, Del Toro, Jones, Lynch, Rios; City Connors, Del Toro, Jones, Lynch, Resnick,
Manager Van Milligen, City Attorney Brumwell Rios; City Manager Van Milligen, City Attorney
Brumwell
Absent: Council Member Resnick
Mayor Buol read the call and stated this is
Mayor Buol read the call and stated this is a special session of the City Council called for
a special session of the City Council called for the purpose of conduding a work session on
the purpose of conducting a closed session for the Chaplain Schmitt Island Placemaking &
professional evaluations pursuant to Chapter Implementation Plan.
21.5(1)(i) Code of lowa.
WORK SESSION
CLOSED SESSION Chaplain Schmitt Island Placemaking 8.
Professional Evaluations- Chapter Implementation Plan
21.5(1)(i) Code of lowa
Chaplain Schmitt Island Task Force Mem-
Motion by Connors to convene in closed ber and Council Member Kevin Lynch intro-
session at 5:41 p.m. to discuss professional duced the work session with a brief description
evaluations pursuant to Chapter 21.5(1)(i) of the background of the plan and the consult-
Code of lowa. Seconded by Jones. Motion ants involved. Ryan Peterson of RDG Planning
carried 6-0. & Design presented the Chaplain Schmitt Is-
land Placemaking planning process. Topics
Having concluded the professional evalua- included:
tions, upon motion the City Council recon- . Vision: Dubuque's gateway to entertain-
vened in open session at 7:07 p.m. ment and the Mississippi.
• Plan
There being no further business, upon mo- 1. Move 2014 plan to implementation
tion,the City Council adjourned at 7:08 p.m. 2. Celebrate the island's historical,
cultural and environmental attributes
/s/Kevin S. Firnstahl, CMC, City Clerk 3. Bring more people to the island
4. Create a dynamic icon or series of
integrated placemaking elements
• Six Tasks
1. Steering committee/design review
2. Site visit&assessment
3. Regulatory overview
4. Program development and feasibil-
ity
5. Concept development
6. Promotion document
• Chaplain Schmitt Island Task Force
Members
• Placemaking definition
• Four goals from the 2014 Master Plan
1. Conned the riverfront;
2. Celebrate the island's"islandness;"
3. Put your feet in;
4. Spend the day and night / visit in
any season;
• Strategic Baseline-7 Themes
1. Increase foot traffic on the Island;
Book 147 Special Session, August 1, 2017 345
2. Build a landmark. Create a Gate- CITY OF DUBUQUE, IOWA
way. Bring people to the island; CITY COUNCIL PROCEEDINGS
3. Think big;
4. Leverage the island program for SPECIAL SESSION
economic development; OFFICIAL
5. Conned the island to Dubuque and
the region; The Dubuque City Council met in special
6. Create a year-round destination; session at 4:00 p.m. on August 1, 2017 in the
7. Opportunities for education / histo- Grand River Center, 500 Bell St.
ry/future.
• Mission: A connected island that wel- present: Mayor Buol; Council Members,
comes visitors and the community to rec- Connors, Del Toro, Jones, Lynch, Resnick,
reation, entertainment and the outdoors. Rios; City Manager Van Milligen, City Attorney
• Community Brumwell
• Tourism
• Main areas of interest Also present: Assistant City Manager Teri
• 2014 Master Plan Goodmann, Assistant City Attorney Maureen
• 2017 Placemaking & Implementation Quann
Plan
1. Veterans' Pond Mayor Buol read the call and stated this is
2. Eastern Gateway a special session of the City Council called for
3. Peosta Channel the purpose of conducting the annual goal
4.Western Gateway setting session.
• Implementation Prioritization Factors &
Costs GOAL SETTING
• Regulatory Findings& Next Steps (1 of 3)
Council Member Lynch, City Manager Van Facilitator Lyle Sumek reviewed the agen-
Milligen and Mr. Peterson responded to ques- da for all three goal setting sessions. City
tions from the City Council regarding retaining Manager Van Milligen introduced Nick Kittle
Miller-Riverview Park, other campground op- and Kate Ernst from Cartegraph Systems who
tions, vehicle access to planned recreational were invited to monitor the three sessions as
areas, flood mitigation, plans for the existing part of the City's partnership with Cartegraph
military memorials, the implementation of Systems.
emergency call boxes and security, modifica-
tion of existing ballfields and related issues, The City Council reviewed the 2017-2022
and Q Casino involvement and success. Pre- plan and ranked five-year goals nos. 1-8.
senters emphasized that plans are conceptual
with nothing imminent now. The remainder of the session then focused
on discussing and ranking the objectives, chal-
There being no further business, upon mo- lenges/opportunities, and actions for:
tion the City Council adjourned at 6:51 p.m.
Goal 1: Robust Local Economy: diverse
/s/Kevin S. Firnstahl, CMC, City Clerk business and jobs with economic prosperity
Goal 2: Vibrant Community: healthy and
safe
During discussion, the City Council broke
for dinner from 6:30 p.m. to 7:15 p.m.
There being no further business, upon mo-
tion the City Council adjourned at 8:55 p.m.
/s/Kevin S. Fimstahl, CMC, City Clerk
Book 147 Special Sessions August 2 and 3, 2017 346
CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS CITY COUNCIL PROCEEDINGS
SPECIAL SESSION SPECIAL SESSION
OFFICIAL OFFICIAL
The Dubuque City Council met in special The Dubuque City Council met in special
session at 4:00 p.m. on August 2, 2017 in the session at 4:00 p.m. on August 3, 2017 in the
Grand River Center, 500 Bell St. Grand River Center, 500 Bell St.
Present: Mayor Buol; Council Members, Present: Mayor Buol; Council Members,
Connors, Del Toro, Jones, Lynch, Resnick, Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen, City Attorney Rios; City Manager Van Milligen, City Attorney
Brumwell Brumwell
Also present: Assistant City Manager Teri Also present: Assistant City Manager Teri
Goodmann, Assistant City Attorney Maureen Goodmann, Assistant City Attorney Maureen
Quann Quann
Mayor Buol read the call and stated this is Mayor Buol read the call and stated this is
a special session of the City Council called for a special session of the City Council called for
the purpose of conducting the annual goal the purpose of conducting the annual goal
setting session. setting session.
GOAL SETTING GOAL SETTING
(2 of 3) (3 of 3)
Facilitator Lyle Sumek lead further City Facilitator Lyle Sumek lead further discus-
Council discussion from the 2017-2022 plan sion on City Council goals for 2017-2022 that
and five-year goals nos. 3-8. included objectives, short- and long-term chal-
lenges and opportunities, and categorizing
The session focused on discussing and action goals into priority, management, man-
ranking the objectives, challenges and oppor- agement-in-progress, and on-the-horizon. Dur-
tunities, and adions for: ing discussion, the City Council broke for din-
ner from 6:00 p.m. to 6:30 p.m. Discussion
Goal 3: Livable Neighborhood and Hous- concluded with the City Council ranking their
ing: great place to live policy agenda and management agenda goals
Goal 4: Financially Responsible, High- by top and high priority.
Performance City Organization: sustainable,
equitable and effective service delivery City of Dubuque Goals 2022 (as determined
Goal 5: Sustainable Environment: preserv- at August 1, 2017 Goal Setting Session)
ing natural resources . Robust Local Economy: Diverse
Goal 6: Partnership for Better Dubuque: Businesses and Jobs with Economic
building our community that is viable, livable Prosperity
and equitable . Vibrant Community: Healthy and Safe
Goal 7: Diverse Arts, Culture, Parks and . Livable Neighborhoods and Housing:
Recreation Experiences and Activities Great Place to Live
Goal 8: Connected Community: equitable . Financially Responsible, High-
transportation, technology infrastructure, and Performance City Organization: Sus-
mobility. tainable, Equitable, and Effective
Service Delivery
During discussion, the City Council broke . Sustainable Environment: Preserving
for dinner from 6:05 p.m. to 7:00 p.m. and Enhancing Natural Resources
• Partnership for a Better Dubuque:
There being no further business, upon mo- Building Our Community that is Via-
tion the City Council adjourned at 8:55 p.m. ble, Livable, and Equitable
/s/Kevin S. Firnstahl, CMC, City Clerk • Diverse Arts, Culture, Parks, and
Recreation Experiences and Adivities
• Connected Community: Equitable
Transportation, Technology Infra-
strudure, and Mobility
Book 147 Special Session, August 3, 2017 347
Policy Agenda Parking Ramp Maintenance: Direc-
2017 — 2019 Top Priorities (in alphabetical tion/Funding
order): . Teen/Young Professionals/Seniors:
• Central Avenue Revitalization: Jackson Park Pilot Program
Streetscape and Business Develop- . Water & Resource Recovery Center
ment Nutrient Trading
• Citywide Flower Planting Program
• Comprehensive Plan: Adoption There being no further business, upon mo-
• Communitywide Solar Strategy tion the City Council adjourned at 7:18 p.m.
• East-West Corridor Study Implemen-
tation /s/Kevin S. Fimstahl, CMC, City Clerk
• Master Plan for Chaplain Schmitt Is-
land
• South Port Redevelopment Master
Plan
• Splash Pad
2017 — 2019 High Priorities (in alphabetical
order):
• Crime Prevention Program Expansion
• Dilapidated Buildings/Structures
• Five Flags Center Study
• Kerper Boulevard Revitalization Re-
port
• Inclusive Dubuque
• Multicultural Family Center: Colts
Building Direction and Funding
• River Cruise Docking Facilities
• Roosevelt Road WaterTower
ManagementAgenda
2017 — 2019 Management in Progress Top
Priorities(in alphabetical order):
• CHANGE Program: Implementation
• Citywide Traffic Signal Synchroniza-
tion
• Comiskey Park 6cpansion and Reno-
vation
• Crescent Community Health Center:
Development Agreement
• Greater Dubuque Development Cor-
poration Downtown Transformation
• Residential Housing Upgrade/Flood
Protection Program
• Westside Water System: lmplementa-
tion
2017 — 2019 Management in Progress High
Priorities(in alphabetical order):
• Affirmatively Furthering Fair Housing
Plan: Development
• Cartegraph Partnership: High-
Performance Government
• City Performance Measures/Open
Data Catalog/Data-Driven Govern-
ance
• International City/County Manage-
ment Association (ICMA) Fellowship
International Exchange
• Leisure Services Department As-
sessment
Book 147 Regular Session, August 7, 2017 348
CITY OF DUBUQUE, IOWA 3. Disposition of Claims: City Attorney ad-
CITY COUNCIL PROCEEDINGS vising that the following claims have been re-
ferred to Public Entity Risk Services of lowa,
REGULAR SESSION the agent for the lowa Communities Assurance
OFFICIAL Pool: Lester and Susan Bettcher for property
damage, Linda Breitbach for personal injury,
The Dubuque City Council met in regular Ruth Ellis for property damage, Monique Hop-
session at 6:00 p.m. on August 7, 2017 in the kins for vehicle damage, Timothy Kelly for ve-
Historic Federal Building, 350 W. 6t°Street. hicle damage, Mark Lansing for vehicle dam-
age, Aislinn O'Brien for vehicle damage, Lynn
Present: Mayor Buol; Council Members Pollock for vehicle damage, suit by Chris Cul-
Connors, Del Toro, Jones, Lynch, Rios; City len for Civil Service veteran's points applica-
Manager Van Milligen, City Attorney Brumwell tion. Upon motion the documents were re-
ceived,filed, and concurred.
Absent: Council Member Resnick
4. Government Finance Officers Associa-
Mayor Buol read the call and stated this is tion Certificate of Achievement for Excellence
a regular session of the City Council called for in Financial Reporting: City Manager transmit-
the purpose of conducting such business that ting correspondence from the Finance Officers
may properly come before the City Council. Association (GFOA) awarding Finance Direc-
tor Jean Nachtman and the City of Dubuque
PLEDGE OF ALLEGIANCE the Certificate of Achievement for Excellence
in Financial Reporting for Fiscal Year ended
PRESENTATION(S) June 30, 2016. Upon motion the documents
were received and filed.
1. 2017 Walgreens Happy & Healthy
Champion Award: Kimberly Walz, Director of 5. Dubuque County Emergency Manage-
Local Government Relations for Walgreens, ment July 11-12, 2017 Storm Recovery Efforts:
presented Mayor Roy D. Buol with the 2017 City Manager transmitting correspondence
Walgreens Happy& Healthy Champion Award from Emergency Management Coordinator
for his commitment to making Dubuque a Tom Berger related to recovery efforts for the
healthy and sustainable community. storm on July 11 and July 12, 2017. Upon mo-
tion the document was received and filed.
CONSENTITEMS
6. Opportunity Dubuque Outcomes: City
Motion by Lynch to receive and file the Manager transmitting information from Oppor-
documents, adopt the resolutions, and dispose tunity Dubuque on the outcomes of its collabo-
of as indicated. Seconded by Del Toro. Motion rative job training programs. Upon motion the
carried 6-0. document was received and filed.
1. Minutes and Reports Submitted: City 7. "Industrial Strength" Article from biz-
Council Proceedings of 7/17, 7/20, 7/24; In- Times: City Manager transmitting an article
vestment Oversight Advisory Commission of from bizTimes related to regional industrial
7/26; Park and Recreation Commission of parks. Upon motion the document was re-
7/11; Proofs of publication for City Council ceived and filed.
Proceedings of 7/5, 7/10, 7/11, 7/17, 7/20,
7/24. Upon motion the documents were re- $� AmeriCorps Partners in Learning / lowa
ceived and filed. Commission on Volunteer Service 2017-2018
Summer-Only Grant: City Manager recom-
2. Notice of Claims and Suits: Alec Benson mending approval to execute the 2017-2018
for vehicle damage, Lester & Susan Bettcher AmeriCorps Partners in Learning Summer-
for property damage, Linda Breitbach for per- Only Grant. Upon motion the documents were
sonal injury, Charles and Ruth Ellis for proper- received, filed and approved.
ty damage, Timothy Kelly for vehicle damage,
Mark Lansing for vehicle damage, Monique 9� Public Works Department - Creation of
Hopkins for vehicle damage, Aislinn O'Brien Sewer Maintenance Foreman: City Manager
for vehicle damage, Lynn Pollock for vehicle recommending approval to eliminate one
damage, suit by Chris Cullen for Civil Service Foreman position and create one Sewer
veteran's points application. Upon motion the Maintenance Foreman position in the Public
documents were received, filed, and referred N/orks Department. Upon motion the docu-
to the City Attorney. ments were received, filed and approved.
10. Four Mounds HEART Community De-
Book 147 Regular Session, August 7, 2017 349
velopment Block Grant Contract: City Manager Whereas, the City wishes to amend the
recommending approval of the Community proposed plan prior to submission to HUD.
Development Block Grant (CDBG) Agreement NOW, THEREFORE, BE IT RESOLVED
with the Four Mounds HEART program for BY THE CITY COUNCIL OF THE CITY OF
Fiscal Year 2018. Upon motion the documents DUBUQUE, IOWA:
were received, filed and approved. Section 1. That the Community Develop-
ment Block Grant Fiscal Year 2018 (Program
11. Contracted Services Agreement - Hills Year 2017) Annual Action Plan (City Budget
and Dales:Senior Center Lifetime Program Amendment 1), attached hereto as 6chibit A
Fiscal Year 2018: City Manager recommend- and by this reference made a part hereof, is
ing approval of the Hills and Dales Senior Cen- hereby adopted for inclusion in the Amended
ter Lifetime Program Contracted Service Fiscal Year 2018 City Budget on August 1,
Agreement that provides for educational, rec- 2017.
reational and social programs to senior citi- Section 2. That the Community Develop-
zens at the 3505 Stoneman Road facility. Up- ment Block Grant Fiscal Year 2018 (Program
on motion the documents were received, filed Year 2017) Annual Action Plan, shall be in-
and approved. cluded in the Five Year Consolidated Plan for
the use of Community Development Block
12. Washington Tool Library Community Grant Funds for Fiscal Year 2016-2020.
Development Block Grant Contract: City Man- Section 3. The City Manager is hereby au-
ager recommending approval of the Communi- thorized and directed to prepare and submit to
ty Development Block Grant (CDBG) Agree- the United States Department of Housing and
ment with Washington Tool Library to provide Urban Development the Fiscal Year 2018
tool lending for low- and moderate-income (Program Year 2017) Annual Action Plan with
residents. Upon motion the documents were all related documents for the use of Communi-
received, filed and approved. ty Development Block Grant funds based on
this adopted budget and execute standard
13. Community Development Block Grant contracts and agreements, following a 15-day
National Disaster Resilience (CDBG-NDR) comment period and public meeting to be held
Program Contract Amendment No. 1: City on August 15, 2017 by the Community Devel-
Manager recommending approval of Amend- opment Advisory Commission.
ment No. 1 to the current contract with the Passed, approved and adopted this 7t° day
lowa Economic Development Authority for the of August, 2017
CDBG-NDR Housing Contract to comply with Roy D. Buol, Mayor
language revisions requested by HUD Upon Attest: Kevin S. Firnstahl, City Clerk
motion the documents were received, filed and
approved. 15. Fiscal Year 2018 REAP Plan Update,
Grant Application and Committee Representa-
14. Fiscal Year 2018 Community Devel- tive: City Manager recommending approval of
opment Block Grant (CDBG) Annual Action the City of Dubuque's update of the Fiscal
Plan Amendment 1: City Manager recom- Year 2018 Dubuque County Resource En-
mending approval of a resolution to submit the hancement and Protection (REAP) Plan Reso-
FY 2018 CDBG Annual Action Plan Amend- lution, Fiscal Year 2018 REAP Grant applica-
ment 1 to the United States Department of tion for Phase 2 of the Environmental Restora-
Housing and Urban Development (HUD) for tion Management Plan for Eagle Point Park,
the HUD Program Year 2017. Upon motion the and confirmation of Council Member Joyce
documents were received and filed and Reso- Connors as the City representative on the Fis-
lution No. 268-17 Adopting the Fiscal Year cal Year 2018 Dubuque County REAP Com-
2018 (Program Year 2017) Community Devel- mittee. Upon motion the documents were re-
opment Block Grant (CDBG) Annual Action ceived and filed and Resolution No. 269-17
Plan was adopted. Authorizing REAP Grant application to lowa
Department of Natural Resources for Phase 2
RESOLUTION NO. 268-17 of Eagle Point Park Environmental Restoration
ADOPTING THE FISCAL YEAR 2018 (PRO- Management Plan was adopted.
GRAM YEAR 2017) COMMUNITY DEVEL-
OPMENT BLOCK GRANT (CDBG) ANNUAL RESOLUTION NO. 269-17
ACTION PLAN AUTHORIZING REAP GRANT APPLICA-
Whereas, the City of Dubuque has, TION TO IOWA DEPARTMENT OF NATU-
through a series of public meetings and hear- RAL RESOURCES FOR PHASE 2 OF EA-
ings, proposed a Fiscal Year 2018 (Program GLE POINT PARK ENVIRONMENTAL RES-
Year 2017) Community Development Block TORATION MANAGEMENT PLAN
Grant Annual Action Plan addressing housing Whereas, the lowa Department of Natural
and non-housing needs in the community; and Resources has allocated grant funds from
Book 147 Regular Session, August 7, 2017 350
REAP (Resource Enhancement and Protec- City must extend the sanitary sewer into the
tion) for projeds that help establish natural area; and
areas, encourage outdoor recreation, and en- Whereas, the City negotiated an Agree-
hance and protect lowa's natural and cultural ment with Mrs. Eileen C. Coates (Coates),
resources; and which is attached, to address sanitary sewer
Whereas, the City of Dubuque has adopted extension and other matters of concern to the
the 2012 Comprehensive Plan that includes parties; and
goals for environmental quality, park improve- Whereas, Coates has granted to City an
ments, and stormwater management. easement for a sanitary sewer on her property.
NOW THEREFORE, BE IT RESOLVED NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: DUBUQUE, IOWA AS FOLLOWS:
Section 1. The Mayor hereby is authorized 1. The Agreement with Coates attached
to sign and submit the FY 2018 REAP Grant hereto is hereby accepted and approved.
application to the lowa Department of Natural 2. The City Attorney is authorized to accept
Resources for Phase 2 of the Eagle Point Park and record the Grant of Easement for Sanitary
Environmental Restoration Management Plan Sewer on behalf of the City.
in the amount of$200,000. 3. The City Clerk's Office is authorized and
Sedion 2. That the City Council hereby direded to provide a certified copy of this reso-
provides its written assurance that the com- lution for filing by the City Attorney with the
pleted project will be adequately maintained Dubuque County Recorder.
for its intended use in accordance with state Passed, approved and adopted this 7t° day
requirements. of August, 2017.
Passed, approved and adopted this 7t° day Roy D. Buol, Mayor
of August, 2017. Attest: Kevin S. Firnstahl, City Clerk
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk 17. Verified Claims Extending Restrictions
on Use of Property for Dubuque Industrial
16. Sanitary Sewer Extension Easement Center and Dubuque Technology Park: City
Agreement - Coates Property: City Manager Manager recommending that the Verified
recommending approval of a resolution ap- Claims be submitted to the City Council for
proving the Agreement with Mrs. Eileen approval, which will renew the Covenants in
Coates that allows the City to install a sanitary the Dubuque Industrial Center and Technology
sewer across her property, and authorizing the Park for an additional 21 years from the date
City Attorney to accept and record the Ease- of the recording of the Verified Claims. Upon
ment on behalf of the City. Upon motion the motion the documents were received and filed
documents were received and filed and Reso- and Resolution No. 271-17 Approving a Veri-
lution No. 270-17 Approving an Agreement by fied Claim pursuant to lowa Code Sec. 614.24
and between the City of Dubuque, lowa and to renew Declaration of Covenants, Condi-
Eileen C. Coates providing for the installation tions, Restrictions, Reservations, Easements,
of a sanitary sewer across Coates' property Liens and Charges for property in Dubuque
and accepting a Grant of Permanent Ease- Industrial Center West, Dubuque Industrial
ment for the purpose of constructing and main- Center West 2nd Addition, Dubuque Industrial
taining the sanitary sewer was adopted. Center West 5th Addition, and Dubuque Indus-
trial Center North First Addition; and Resolu-
RESOLUTION NO. 270-17 tion No. 272-17 Approving a Verified Claim
APPROVING AN AGREEMENT BY AND BE- pursuant to lowa Code Sec. 614.24 to Renew
TWEEN THE CITY OF DUBUQUE, IOWA Declaration of Covenants, Conditions, Re-
AND EILEEN C. COATES PROVIDING FOR strictions, Reservations, Easements, Liens and
THE INSTALLATION OF A SANITARY Charges for Property in Dubuque Technology
SEWER ACROSS COATES' PROPERTY Parkwereadopted.
AND ACCEPTING A GRANT OF PERMA-
NENT EASEMENT FOR THE PURPOSE OF RESOLUTION NO. 271-17
CONSTRUCTING AND MAINTAINING THE APPROVING A VERIFIED CLAIM PURSU-
SANITARY SEWER ANT TO IOWA CODE SEC. 61424 TO RE-
Whereas, the City of Dubuque has been NEW DECLARATION OF COVENANTS,
working to encourage development within city CONDITIONS, RESTRICTIONS, RESERVA-
limits and the two-mile fringe area boundary; TIONS, EASEMENTS, LIENS AND CHARG-
and ES FOR PROPERTY IN DUBUQUE INDUS-
Whereas, Derby Grange, LLC. will be con- TRIAL CENTER WEST, DUBUQUE INDUS-
structing a city development at the corner of TRIAL CENTER WEST 2ND ADDITION,
Kennedy Road and Derby Grange Road; and DUBUQUE INDUSTRIAL CENTER WEST
Whereas, to facilitate this development the STH ADDITION, AND DUBUQUE INDUSTRI-
Book 147 Regular Session, August 7, 2017 351
AL CENTER NORTH FIRST ADDITION Whereas, Article VI of the Covenants al-
Whereas, the City of Dubuque adopted on lows the City to file a verified claim pursuant to
October 25, 1999 the Declaration of Cove- lowa Code Sec. 614.24 to extend the Cove-
nants, Conditions, Restridions, Reservations, nants for an additional twenty-one years; and
Easements, Liens and Charges (the Cove- Whereas, the City Council now desires to
nants), recorded November 16, 1999 as In- extend the Covenants for an additional twenty-
strument no. 17454-99, as amended, covering one years.
the following described property: NOW, THEREFORE, BE IT RESOLVED
Dubuque Industrial Center West Lots 1, BY THE CITY COUNCIL OF THE CITY OF
2, 3, 4, A, B, C and D; and DUBUQUE, IOWA:
Whereas, the following additional property The attached Verified Claim pursuant to
was added to the Properties covered by the lowa Code Sec. 61424 to Renew Declaration
Covenants, specifically as follows: of Covenants, Conditions, Restrictions, Reser-
Dubuque Industrial Center West 2nd vations, Easements, Liens and Charges for
Addition, by instrument dated April 16, Property in Dubuque Industrial Center West,
2002, recorded on April 30, 2002 as In- Dubuque Industrial Center West 2od Addition,
strumentno. 7990-02; Dubuque Industrial Center West 5t° Addition,
Dubuque Industrial Center West 5th and Dubuque Industrial Center North First
Addition, by instrument dated June 6, Addition is hereby approved.
2006, recorded July 7, 2006 as Instru- The Mayor and City Clerk are hereby di-
ment no. 2006-10389; and rected to execute the document on behalf of
Dubuque Industrial Center North First the City of Dubuque.
Addition, by instrument dated February 7, The City Clerk is hereby directed to record
2011, recorded February 11, 2011 as In- the document with the Dubuque County Re-
strumentno. 2011-2684; and corder.
Whereas, the following property has been Passed, approved and adopted this 7t° day
added to the Properties covered by the Cove- of August, 2017.
nants: Roy D. Buol, Mayor
Lot one (1) of Graf Farm Subdivision Attest: Kevin S. Firnstahl, City Clerk
#2, Dubuque County, lowa, according to
the recorded plat thereof; RESOLUTION NO. 272-17
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West APPROVING A VERIFIED CLAIM PURSU-
One-half of Northeast One-quarter, Sec- ANT TO IOWA CODE SEC. 61424 TO RE-
tion 25, Township 89 North, Range 1 NEW DECLARATION OF COVENANTS,
East of the 5t° Principal Meridian, in Cen- CONDITIONS, RESTRICTIONS, RESERVA-
terTownship, DubuqueCounty, lowa; TIONS, EASEMENTS, LIENS AND CHARG-
Lot 2 in "W.A. Norman Place" in Sec- ES FOR PROPERTY IN DUBUQUE TECH-
tion 25, Center Township, Dubuque NOLOGY PARK
County, lowa, according to the plat Whereas, the City of Dubuque adopted on
thereof; and June 15, 1998, the Declaration of Covenants,
The NW'/a of the SE'/a of Section 25, Conditions, Restridions, Reservations, Ease-
Township 89 North, Range 1 East of the ments, Liens and Charges (the Covenants),
5t° P.M., in Center Township, Dubuque recorded June 30, 1998, as Instrument no.
County, lowa; and 10226-98, covering the following described
Lot 1 of Lot 1 of the NW'/a of the NW property:
'/a and the South '/� of the NW'/a in Sec- Dubuque Technology Park; and
tion 29, Township 89 North, Range 2 Whereas, the following property has been
East of the 5t° P.M., Dubuque County, added to the Properties covered by the Cove-
lowa; and nants:
Lot One (1) of Dubuque Industrial Lot F Dubuque Technology Park accord-
Center Seventh Addition in the City of ing to the plat recorded as Instrument No.
Dubuque, lowa, according to the record- 2006-12432 on August 11, 2006 by in-
ed platthereof; and strument dated July 5, 2017, recorded
Lot Two (2) of McFadden Farm Place July 7, 2017 as Instrument no. 2017-
#2 in the City of Dubuque, lowa, accord- 00008430.
ing to the recorded plat thereof; and Whereas, Article VI of the Covenants al-
Lot 2 of McFadden Farm Place, in the lows the City to file a verified claim pursuant to
City of Dubuque, lowa, according to the lowa Code Sec. 614.24 to extend the Cove-
recorded Plat thereof, subjed to ease- nants for an additional twenty-one years; and
ments and restrictions of record by in- Whereas, the City Council now desires to
strument dated July 5, 2017, recorded extend the Covenants for an additional twenty-
July 7, 2017, as Instrument no. 2017- one years.
00008431; and NOW, THEREFORE, BE IT RESOLVED
Book 147 Regular Session, August 7, 2017 352
BY THE CITY COUNCIL OF THE CITY OF City of Dubuque, necessary for the future or-
DUBUQUE, IOWA: derly growth and development of the City of
The attached Verified Claim pursuant to Dubuque, and will promote efficient and cost
lowa Code Sec. 614.24 to Renew Declaration effective extension of municipal services; and
of Covenants, Conditions, Restrictions, Reser- Whereas, the City Council finds that the
vations, Easements, Liens and Charges for annexation of the Property is in the public in-
Property in Dubuque Technology Park is here- terest.
by approved. NOW THEREFORE, BE IT RESOLVED
The Mayor and City Clerk are hereby di- BY THE CITY COUNCIL OF THE CITY OF
rected to execute the document on behalf of DUBUQUE, IOWA:
the City of Dubuque. Section 1. The Pre-Annexation Agreement
The City Clerk is hereby direded to record by and between Barbara A. Gantenbein and
the document with the Dubuque County Re- the City of Dubuque is hereby approved.
corder. Passed, approved and adopted this 7t° day
Passed, approved and adopted this 7t° day of August, 2017.
of August, 2017. Roy D. Buol, Mayor
Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk
Attest: Kevin S. Firnstahl, City Clerk
19. Pre-Annexation Agreement - Oakland
18. Pre-Annexation Agreement - Barbara Farms Real Estate Company: City Manager
A. Gantenbein: City Manager recommending recommending approval of a Pre-Annexation
approval of a Pre-Annexation Agreement with Agreement with Oakland Farms Real Estate
Barbara A. Gantenbein in conjunction with Company in conjunction with approving the
approving the Plat of Survey of Gantenbein Final Plat for Oakland Farms Estates in Dubu-
Acres No. 2 in Dubuque County and estab- que County, and established by the City's
lished by the City's Fringe Area Development Fringe Area Development Standards of the
Standards of the Unified Development Code. Unified Development Code. Upon motion the
Upon motion the documents were received documents were received and filed and Reso-
and filed and Resolution No. 273-17 Approving lution No. 274-17Approving a Pre-Annexation
a Pre-Annexation Agreement between the City Agreement between the City of Dubuque, lowa
of Dubuque, lowa and Barbara A. Gantenbein and Oakland Farms Real Estate Company
was adopted. was adopted.
RESOLUTION NO. 273-17 RESOLUTION NO. 274-17
APPROVING A PRE-ANNEXATION APPROVING A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND BARBARA A. GAN- DUBUQUE, IOWA AND OAKLAND FARMS
TENBEIN REAL ESTATE COMPANY
Whereas, Barbara A. Gantenbein, the Whereas, Oakland Farms Real Estate
owner of the following described property in Company, the owner of the following described
Dubuque County, lowa (the Property) have property in Dubuque County, lowa (the Proper-
submitted to the City Council of the city of ty) has submitted to the City Council of the City
Dubuque an application for voluntary annexa- of Dubuque an application for voluntary an-
tion of the Property to the City of Dubuque: nexation of the Property to the City of Dubu-
Lot 2 Gantenbein Acres and a portion of que:
the NE '/a, NW'/a, Section 8, T88N, R2E Lot 2 of Reuter 2nd Addition, Lot 2 of Lot
per Warranty Deed Instr. No. 6949-73, 1 of Lot 1 of Lot 2 of the Northwest '/a of
Dubuque County, lowa; and the Northeast'/a, and Lot 2 of Lot 1 of Lot
Whereas, Barbara A. Gantenbein has en- 1 of Lot 1 of Lot 1 of the Subdivision of
tered into a Pre-Annexation Agreement with the East one-half of the Northeast'/a and
the City of Dubuque a copy of which is at- the Southwest'/a of the Northeast'/a all in
tached hereto governing the future annexation Sedion 15, Township 88 North, Range 2
of the Property; and East of the 5th P.M., Dubuque County,
Whereas, the Property is not subjed to an lowa; and
existing annexation moratorium; and Whereas, Oakland Farms Real Estate
Whereas, the Property does not include Company has entered into a Pre-Annexation
any state or railroad property; and Agreement with the City of Dubuque, a copy of
Whereas, lowa Code Section 368.7 author- which is attached hereto governing the future
izes the voluntary annexation of property in annexation of the Property; and
Dubuque County, lowa and the extension of Whereas, the Property is not subjed to an
city limits by voluntary annexation; and existing annexation moratorium; and
Whereas, the annexation of the Property is Whereas, the Property does not include
consistent with the Comprehensive Plan of the any state or railroad property; and
Book 147 Regular Session, August 7, 2017 353
Whereas, lowa Code Section 368.7 author- izes the voluntary annexation of property in
izes the voluntary annexation of property in Dubuque County, lowa and the extension of
Dubuque County, lowa and the extension of city limits by voluntary annexation; and
city limits by voluntary annexation; and Whereas, the annexation of the Property is
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the
consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or-
City of Dubuque, necessary for the future or- derly growth and development of the City of
derly growth and development of the City of Dubuque, and will promote efficient and cost
Dubuque, and will promote efficient and cost effective extension of municipal services; and
effective extension of municipal services; and Whereas, the City Council finds that the
Whereas, the City Council finds that the annexation of the Property is in the public in-
annexation of the Property is in the public in- terest.
terest. NOW THEREFORE, BE IT RESOLVED
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
DUBUQUE, IOWA: Section 1. The Pre-Annexation Agreement
Section 1. The Pre-Annexation Agreement by and between James L. and Laura V. Jelins-
by and between Oakland Farms Real Estate ke and the City of Dubuque is hereby ap-
Company and the City of Dubuque is hereby proved.
approved. Passed, approved and adopted this 7t° day
Passed, approved and adopted this 7t° day of August, 2017.
of August, 2017. Roy D. Buol, Mayor
Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk
Attest: Kevin S. Firnstahl, City Clerk
21. lowa Department of Transportation
20. Pre-Annexation Agreement - James L. ICAAP Funding Agreement for the Northwest
and Laura V. Jelinske: City Manager recom- Arterial and John F. Kennedy Road Turn Lane
mending approval of a Pre-Annexation Improvement: City Manager recommending
Agreement with James L. and Laura V. Jelins- approval of a Resolution authorizing the Mayor
ke in conjunction with approving the Plat of to execute a Funding Agreement with the lowa
Survey for Jelinske Place No. 2 in Dubuque Department of Transportation for an lowa
County and established by the City's Fringe Clean Air Attainment Program (ICAAP) Grant
Area Development Standards of the Unified to assist with the construction of a right turn
Development Code. Upon motion the docu- lane on the north leg of JFK Road with traffic
ments were received and filed and Resolution signal adjustments at the Northwest Arterial
No. 275-17 Approving a Pre-Annexation and JFK Road intersection. Upon motion the
Agreement between the City of Dubuque, lowa documents were received and filed and Reso-
and James L. And Laura V. Jelinske was lution No. 276-17 Approving the lowa Depart-
adopted. ment of Transportation Agreement for lowa
Clean Air Attainment Program Grant for the
RESOLUTION NO. 275-17 City of Dubuque John F. Kennedy Road and
APPROVING A PRE-ANNEXATION NW Arterial Right-Turn Lane Improvement was
AGREEMENT BETWEEN THE CITY OF adopted.
DUBUQUE, IOWA AND JAMES L. AND
LAURA V.JELINSKE RESOLUTION NO. 276-17
Whereas, James L. and Laura V. Jelinske, AppROVING THE IOWA DEPARTMENT OF
the owners of the following described property TRANSPORTATION AGREEMENT FOR 10-
in Dubuque County, lowa (the Property) have WA CLEAN AIR ATTAINMENT PROGRAM
submitted to the City Council of the city of GRANT FOR THE CITY OF DUBUQUE
Dubuque an application for voluntary annexa- JOHN F. KENNEDY ROAD AND NW ARTE-
tion of the Property to the City of Dubuque: RIAL RIGHT TURN LANE IMPROVEMENT
Lot 2 of Jelinske Place, Dubuque County, Whereas, the increasing growth of traffic
lowa; and volumes, along with operational and air quality
Whereas, James L. and Laura V. Jelinske concerns, at the intersection of John F. Ken-
have entered into a Pre-Annexation Agree- nedy Road and NW Arterial in the City of
ment with the City of Dubuque a copy of which Dubuque could be improved by adding a
is attached hereto governing the future annex- southbound rightturn lane; and
ation of the Property; and Whereas, the City of Dubuque has deter-
Whereas, the Property is not subject to an mined that improvements to this intersection,
existing annexation moratorium; and as recommended by the HDR Study commis-
Whereas, the Property does not include sioned by lowa Department of Transportation,
any state or railroad property; and will improve traffic flow; and
Whereas, lowa Code Section 368.7 author- Whereas, the City of Dubuque is seeking
Book 147 Regular Session, August 7, 2017 354
the necessary funding for project implementa- lowa Code chapter 573, and to pay such re-
tion and commits 20% matching funds re- tainage only in accordance with the provisions
quired to access lowa Clean Air Attainment of lowa Code chapter 573.
Funds, and upon completion, in cooperation Passed, approved and adopted this 7t° day
with the lowa Department of Transportation, of August, 2017.
be responsible for adequately maintaining and Roy D. Buol, Mayor
operating the projed for public use during the Attest: Kevin Firnstahl, City Clerk
projed's useful life.
NOW THEREFORE, BE IT RESOLVED CITY ENGINEER'S CERTIFICATE OF FINAL
BY THE CITY COUNCIL OF THE CITY OF COMPLETION OF THE 2017 ASPHALT
DUBUQUE, IOWA, THAT: OVERLAY ACCESS RAMPS PROJECT ONE
Sedion 1. That said lowa Clean Air At- The undersigned City Engineer of the City
tainment Funding in the City of Dubuque for of Dubuque, lowa, hereby certifies that he has
the John F. Kennedy Road and NW Arterial inspected the 2017 Asphalt Overlay Access
right turn lane improvement is hereby ap- Ramps Project One, that the Project has been
proved. performed in compliance with the terms of the
Section 1. That the Mayor be authorized Public Improvement Contract, and that the
and directed to execute two copies of said total cost of the completed work is$35,078.11
Agreement for the John F. Kennedy Road and Dated this 31��day of July, 2017.
NW Arterial right turn lane improvement. /s/Gus Psihoyos, City Engineer
Passed, approved and adopted this 7t° day Filed in the office of the City Clerk on the 31��
of August, 2017. day of July 2017.
Roy D. Buol, Mayor /s/Kevin S. Firnstahl, City Clerk
Attest: Kevin S. Firnstahl, City Clerk
23. Stair Replacement Project - 11t° and
22. 2017 Asphalt Overlay Access Ramp Alice Streets: City Manager recommending
Project One Acceptance: City Manager rec- that the award and completion for the Stair
ommending acceptance of the construction Replacement 11t° and Alice Streets Project to
contract for the 2017 Asphalt Overlay Access Drew Cook & Sons Excavating Co., Inc. be
Ramp Project One as completed by Dan officially recorded in the minutes of the City
Arensdorf Construction. Upon motion the doc- Council. Upon motion the documents were
uments were received and filed and Resolution received, filed and made a Matter of Record.
No. 277-17 Accepting the 2017 Asphalt Over-
lay Access Ramps Project One and authoriz- 24. 2017 Asphalt Overlay Access Ramp
ing the payment of the contract amount to the Project Three Award: City Manager recom-
contractor was adopted. mending that the award for the 2017 Asphalt
Overlay Access Ramp Project Three to Mid-
RESOLUTION NO. 277-17 west Concrete, Inc., be officially recorded in
ACCEPTING THE 2017 ASPHALT OVERLAY the minutes of the City Council. Upon motion
ACCESS RAMPS PROJECT ONE AND AU- the documents were received, filed and made
THORIZING THE PAYMENT OF THE CON- a Matter of Record.
TRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract 25. Authorized Depository Institutions: City
for the 2017 Asphalt Overlay Access Ramps Manager approval of a resolution that adds
Project One (the Project) has been completed Frost Bank as an authorized depository institu-
and the City Engineer has examined the work tion, replacing BBVA Compass as the deposi-
and filed a certificate stating that the Project tor for licensing fees collected by PetData, Inc.
has been completed according to the terms of Upon motion the documents were received
the Public Improvement Contract and that the and filed and Resolution No. 278-17 Naming
City Engineer recommends that the Project be Depositories was adopted.
accepted.
NOW THEREFORE, BE IT RESOLVED RESOLUTION NO. 278-17
BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NAMING DEPOSITORIES
DUBUQUE, IOWA: Whereas, Chapter 12C2 of the 2201 Code
Section 1. The recommendation of the City of lowa states that the approval of a financial
Engineer is approved and the Project is hereby institution as a depository shall be by written
accepted. resolution or order which shall be entered of
Section 2. The Finance Director is hereby record in the minutes of the approving board,
directed to pay to the Contractor from the Curb and which shall distinctly name each deposito-
Ramp Program appropriations and the side- ry approved, and specify the maximum amount
walk program appropriations for the contract Which may be kept on deposit in each deposi-
amount of $30,502.70, less any retained per- tory; and
centage provided for therein as provided in N/hereas, this procedure is required if a fi-
Book 147 Regular Session, August 7, 2017 355
nancial institution changes its name or home City-owned building at 1101 Central Avenue;
office location, if the maximum amount is lowa Department of Health Memorandum of
changed, or if a financial institution is added or Understanding for surveillance of mosquito-
deleted. borne diseases in lowa. Upon motion the doc-
NOW, THEREFORE, BE IT RESOLVED uments were received and filed.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: 29. Alcohol License Applications: City
Section 1. That the following financial insti- Manager recommending approval of annual
tutions are approved to be depositories of the beer, liquor and wine licenses as submitted.
City of Dubuque, lowa funds in conformance Upon motion the documents were received
with all applicable provisions of the 2001 lowa and filed and Resolution No. 279-17 Approving
Code Chapter 12C.2. The City Treasurer is applications for beer, liquor, and/or wine per-
hereby authorized to deposit City of Dubuque, mits, as required by City of Dubuque Code of
lowa funds in amounts not to exceed the max- Ordinances Title 4 Business and License Reg-
imum approved for each respective financial ulations, Chapter 2 Liquor Control, Article B
institution as set out below. Liquor, Beer and Wine Licenses and Permits
��,Depository Name ��,Location of ��,Maximum �'�, was adopted.
��-Savings Bank '�,o�qOffice__ �'�Balance __ RESOLUTION NO. 279-17
----——-- - �---—---- �--------—�I
American Trust& Dubu ue, $60,000,000 �� qppROVING APPLICATIONS FOR BEER,
Dubu ue Bank& Dubu ue, $60,000,000 LIQUOR, AND/OR WINE PERMITS, AS RE-
Trust Company '�,lowa p '�, QUIRED BY CITY OF DUBUQUE CODE OF
�-------------�-----p-----*---------, ORDINANCES TITLE 4 BUSINESS AND LI-
U.S. Bank '�Minnesotais, $40,000,000 CENSE REGULATIONS, CHAPTER 2 LIQ-
�--p----------,�----q------,�---------, UOR CONTROL, ARTICLE B LIQUOR,
'�,Du aco Commu- Dubu ue, $20,000,000 �; gEER AND WINE LICENSES AND PERMITS
Y - —��, q ----�, -- Whereas, applications for Beer, Liquor,
���n�itTCred t Un on owa ue, $20,000,000 � and or Wine Permits have been submitted and
FPremier Bank ;Dubuque, $20,000,000 ' filed with the City Council for approval and the
Fni_Y_ re_ i_ nion �o�_--_ � �'�I same have been examined and approved; and
�___ _ q_____ ��lowa q ______��_________ Whereas, the premises to be occupied by
��,East Dubu ue Dubu ue $20,000,000 �� such applicants were inspected and found to
Fidelit Bank& ��lo� _ ___ '� __ comply with the Ordinances of the City and the
'Savin s Bank
D ersville, $40,000,000 applicants have filed the proper fees and
Trust Y `San Antonio, $ 100,000 , bonds and otherwise complied with the re-
--------- ����Te as ��
FHometown Bank fFond du Lac, -}$ 250,000��, quirements of the Code of Ordinances.
���Frost Bank
� _ � NOW, THEREFORE, BE IT RESOLVED
�� � BY THE CITY COUNCIL OF THE CITY OF
____________��,Wisconsin____��, ____�'� DUBUQUE, IOWA:
`- '------- `------
Passed, approved and adopted this 7t° day Sedion 1. The City Clerk is hereby author-
of August 2017. ized and direded to cause to be issued the
Roy D. Buol, Mayor noted permit types to the following applicants
Attest: Kevin S. Firnstahl, City Clerk pending submission of the locally required
documentation:
26. Quarterly Investment Report: City Renewals
Manager transmitting the June 30, 2017 Quar- Chances R, 1046 Central Ave., Class C Liquor
terly Investment Report. Upon motion the doc- (Outdoor) (Sunday)
uments were received and filed. Corner Grill, 1689 Elm St., Special Class C
27. Appointment to Community Develop- Liquor(Outdoor)
ment Advisory Commission: Housing Commis- Courtside Sports Bar&Grill, 2095 Holliday Dr.,
sion recommending approval to appoint Com- Class C Liquor(Outdoor) (Sunday)
missioner Rick Baumhover as the Commis- Dubuque Quick Stop Mart, 1401 Central Ave.,
sion's representative on the Community De- Class B Beer(Sunday)
velopment Advisory Commission. Upon motion Hy-Vee #1 Market Cafe, 3500 Dodge St.,
the documents were received, filed and ap- Class C Liquor(Sunday)
proved. Murph's Tap, 55 Locust St., Class C Liquor
(Sunday)
28. Signed Contracts: Area Residential Shannon's Bar and Grill, 521 East 22od St.,
Care, Inc for vocational Services; Canadian Class C Liquor(Sunday)
Sid's Beverage Store, 2727 Dodge St., Class
Pacific Railroad Amendment to Service E Liquor, Class B Wine, Class C Beer (Sun-
Agreement for Bee Branch Creek Railroad day)
Culverts; Four Mounds Foundation for use of Super Stop III, 1101 Rhomberg Ave., Class E
Book 147 Regular Session, August 7, 2017 356
Liquor, Class B Wine, Class C Beer (Sun- amount of not to exceed $475,000, as author-
day) ized by Sections 38424A and 384.82, Code of
Texas Road House, 845 Wacker Dr., Class C lowa, as amended, for the purpose of provid-
Liquor(Catering) (Outdoor) (Sunday) ing funds to pay costs as hereinafter de-
Tri-State Independent Blind Society, 3333 As- scribed; and
bury Rd., Special Class C Liquor Whereas, it is proposed that the City fund
West Dubuque Tap, 1701 Asbury Rd., Class C its costs on an interim basis under Section
Liquor(Sunday) 76.13 of the Code of lowa, anticipating in part,
Wingstop, 2255 J.F. Kennedy Rd., Special the future receipt of the proceeds of the Issu-
Class C Liquor(Sunday) ance of said Water Revenue Capital Loan
Adding a Privilege Notes; and
Backpocket Brewing Taproom, 333 E. 10t° St., Whereas, the City has applied for a loan
Adding Outdoor Services through the lowa Drinking Water State Revolv-
Special Event ing Fund Program pursuant to which the lowa
Inspire Cafe 6-month, Corner of Jackson and Finance Authority has agreed to purchase the
8�n St., Class B Beer City's Notes and has requested that such
Passed, approved and adopted this 7t° day Notes be issued as a single Note in a denomi-
of August, 2017. nation equal to the total amount of the issue as
Roy D. Buol, Mayor authorized by Chapter 384, Code of lowa; and
Attest: Kevin S. Firnstahl, City Clerk Whereas, the Loan and Disbursement
Agreement and Note shall be payable solely
ITEMS SET FOR PUBLIC HEARING and only out of the Net Revenues of the Mu-
nicipal Water System and shall be a first lien
Motion by Lynch to receive and file the on the future Net Revenues of the Utility; and
documents, adopt the resolutions, set the pub- shall not be general obligations of the City or
lic hearings as indicated, and direct the City payable in any manner by taxation and the
Clerk to publish notice as prescribed by law. City shall be in no manner liable by reason of
Seconded by Del Toro. Motion carried 6-0. the failure of the Net Revenues to be sufficient
for the payment of the Loan and Disbursement
1. State Revolving Fund (SRF) Loan Notes Agreementand Note; and
for Roosevelt Water Tower Planning and De- Whereas, before a Loan and Disbursement
sign Project: City Manager recommending Agreement may be authorized and Water
approval of a Resolution fixing the date of Au- Revenue Capital Loan Notes issued to evi-
gust 21, 2017, for a public hearing on the dence the obligation of the City thereunder, it
proposition of selling not to exceed $475,000 is necessary to comply with the provisions of
in Water Planning and Design State Revolving the Code of lowa, as amended, and to publish
Funds (SRF) Loan Notes for the Roosevelt a notice of the proposal and of the time and
Water Tower Project. Upon motion the docu- place of the meeting at which the Council pro-
ments were received and filed and Resolution poses to take action for the authorization of the
No. 280-17 Fixing date for a meeting on the Loan and Disbursement Agreement and Notes
authorization of a Loan and Disbursement and to receive oral and/or written objections
Agreement and the issuance of not to exceed from any resident or property owner of the City
$475,000 Water Revenue Capital Loan Notes to such adion.
of the City of Dubuque, lowa, and providing for NOW, THEREFORE, BE IT RESOLVED
publication of notice thereof was adopted set- gY THE City Council OF THE City of Dubu-
ting a public hearing for a meeting to com- que, IOWA:
mence at 6:00 p.m. on August 21, 2017 in the Section 1. That this Council meet in the
Historic Federal Building. Historic Federal Building, 350 West 6t° Street,
RESOLUTION NO. 280-17 Dubuque, lowa, City of Dubuque, lowa, at 6:00
FIXING DATE FOR A MEETING ON THE o'clock p.m., on the 21�� day of August, 2017,
AUTHORIZATION OF A LOAN AND DIS- for the purpose of taking action on the matter
BURSEMENT AGREEMENT AND THE IS- of the authorization of a Loan and Disburse-
SUANCE OF NOT TO EXCEED $475,000 ment Agreement and the issuance of not to
WATER REVENUE CAPITAL LOAN NOTES exceed $475,000 Water Revenue Capital Loan
OF THE CITY OF DUBUQUE, IOWA, AND Notes to evidence the obligations of the City
PROVIDING FOR PUBLICATION OF NO- thereunder, the proceeds of which will be used
TICE THEREOF to provide funds to pay the costs of acquisition,
Whereas, it is deemed necessary and ad- construction, reconstruction, extending, re-
visable that the City of Dubuque, lowa should modeling, improving, repairing and equipping
provide for the authorization of a Loan and all or part of the Municipal Water System, in-
Disbursement Agreement and the issuance of cluding for the Roosevelt Water Tower.
Water Revenue Capital Loan Notes, in the Sedion 2. That the Clerk is hereby direded
to cause at least one publication to be made of
Book 147 Regular Session, August 7, 2017 357
a notice of said meeting, in a legal newspaper, day of August, 2017, at 6:00 p.m. in the Histor-
printed wholly in the English language, pub- ic Federal Building Council Chambers (second
lished at least once weekly, and having gen- floor) 350 W. 6�° Street, Dubuque, lowa, at
eral circulation in said City, said publication to which time interested persons may appear and
be not less than four clear days nor more than be heard for or against the proposed plans and
twenty days before the date of said public specifications, form of contract and estimated
meeting on the issuance of the Notes. cost of said Project, and the City Clerk be and
Sedion 3. The notice of the proposed ac- is hereby directed to cause the attached notice
tion shall be in substantially the [Provided] of the time and place of such hearing to be
form: published in a newspaper having general cir-
Passed and approved this 7t° day of Au- culation in the City of Dubuque, lowa, which
gust, 2017. notice shall be published not less than four
Roy D. Buol, Mayor days nor more than twenty days prior to the
Attest: Kevin S. Firnstahl, City Clerk date of such hearing. At the hearing, any in-
terested person may appear and file objections
2. Bee Branch Healthy Homes, Community to the proposed plans, specifications, form of
Development Block Grant-National Disaster contract, or estimated cost of the Project.
Recovery (CDBG-NDR) Housing Projects Bid The following property addresses/project
Set #1: City Manager recommending initiation numbers:
of the public bidding procedure for the Bee 1X0016-2499 Pinard St.
Branch Healthy Homes Community Develop- 1X0017-2665 White St.
ment Block Grant-National Disaster Recovery 1X0015-671 Roberts St.
Housing Projeds Bid Set #1, and further rec- 1X0025-2613 Stafford St.
ommends that a public hearing be set for Au- 1X0024-2108 Washington St.
gust 21, 2017. Upon motion the documents 1X0012-575 Kaufmann St.
were received and filed and Resolution No. are hereby ordered to be advertised for bids
281-17 Preliminary approval of plans, specifi- forconstruction.
cations, form of contract, and estimated cost; The amount of the security to accompany
setting date of public hearing on plans, specifi- each bid shall be in an amount which shall
cation, form of contract, and estimated cost; conform to the provisions of the Notice to Bid-
and ordering the advertisement for bids was ders hereby approved.
adopted setting a public hearing for a meeting The East Central Intergovernmental Asso-
to commence at 6:00 p.m. on August 21, 2017 ciation (ECIA) is hereby directed to advertise
in the Historic Federal Building. for bids for the construction of the improve-
ments herein provided, by publishing the at-
RESOLUTION NO. 281-17 tached Notice to Bidders to be published in the
BEE BRANCH HEALTHY HOMES HOUSING Master Builders of lowa Plan Room, The Con-
PROJECTS strudion Update Network and posted on the
PRELIMINARY APPROVAL OF PLANS, City of Dubuque website at
SPECIFICATIONS, FORM OF CONTRACT, wvw�.citvofdubuaue.ora/bids and which notice
AND ESTIMATED COST; SETTING DATE shall be published not less than thirteen but
OF PUBLIC HEARING ON PLANS, SPECI- not more than forty-five days before the date
FICATIONS, FORM OF CONTRACT, AND for filing bids before 1:30 p.m. on the 28t° day
ESTIMATED COST; AND ORDERING THE of August, 2017. Bids shall be opened and
ADVERTISEMENT FOR BIDS read by the Bee Branch Healthy Homes in-
NOW THEREFORE, BE IT RESOLVED spector and City staff at said time and will be
BY THE CITY COUNCIL OF THE CITY OF submitted to the City Council for final action at
DUBUQUE, IOWA: 6:00 p.m. on the 5t° day of September, 2017,
The proposed plans, specifications, form of in the Historic Federal Building Council Cham-
contract and estimated cost for the individual bers (second floor), 350 West 6t° Street,
Bee Branch Healthy Homes Projects in the Dubuque, lowa.
estimated amount of: Passed, adopted and approved this 7t° day
Address: Proiect#Construction Estimate: of August, 2017.
2499 Pinard St., 1X0016, $22,100 Roy D. Buol, Mayor
2665 White St., 1X0017, $23,600 Attest: Kevin S. Firnstahl, City Clerk
671 Roberts St., 1X0015, $9,250
2613 Stafford St., 1X0025, $9,600
2108 Washington St., 1X0024, $15,890
575 Kaufmann Ave.. 1X0012. $8.225
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 21��
Book 147 Regular Session, August 7, 2017 358
BOARDS/COMMISSIONS St.; Rosemary Kramer, 2554 Rosewood Dr.;
Pam Mullin, 2050 Mullen Rd.; Ann Pelelo,
Applicants were invited to address the City 2125 Simpson St. Upon Council concurrence,
Council regarding their desire to serve on the Mayor Buol appointed Mr. Gorton to a 4-year
following boards and commissions. term through 2021, Ms. Kramer to the remain-
der of a 4-year term through 2018, and Ms.
1. Arts and Cultural Affairs Advisory Com- Pelelo to the remainder of a 4-year term
mission: One, 3-year term through June 30, through 2019.
2019 (Vacant term of Bratcher). Applicants: Ali
Levasseur, 1318 Jackson St.; Amy Ressler, PUBLIC HEARINGS
1505 Fairview PI. Ms. Levasseur spoke in
support of her appointment and provided a 1. Derby Grange Road Housing Urban Re-
brief biography. Kate Larson, 2535 Traut Ter- newal Area Plan Amendment No. 1: Proof of
race, read a prepared statement from Ms. publication on notice of public hearing to con-
Ressler in support of her appointment and sider approval of Amendment No. 1 to the Ur-
provided a brief biography. ban Renewal Plan for the Derby Grange Road
2. Building Code and Advisory Appeals Housing Urban Renewal Area that adds addi-
Board: One, 3-year term through August 1, tional land to the Area and confirms the list of
2020 (Expiring term of SWift). Applicant: proposed projects to be undertaken in the Ar-
Thomas Swift, 1875 Admiral St. (Qualifies for ea, and the City Manager recommending ap-
Commercial Contractor). proval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 282-17
3. Historic Preservation Commission: One, Approving Amendment No. 1 to the Urban
3-year term through July 1, 2018 (Vacant term Renewal Plan for the Derby Grange Road
of Terry). Applicant: Stefanie-Candace Je- Housing Urban Renewal Area. Seconded by
naman, 250 West 6t° St. (Qualifies for At- Connors. Motion carried 6-0.
Large).
RESOLUTION NO. 282-17
4. Housing Board of Appeals: One, 3-year APPROVING AMENDMENT NO. 1 TO THE
term through January 11, 2018 (Vacant term of URBAN RENEWAL PLAN FOR THE DERBY
Schaub). Applicant: Christoffer Lammer- GRANGE ROAD HOUSING URBAN RE-
Heindel, 1145 Mt Pleasant St. Mr. Lammer- NEWAL AREA
Heindel spoke in support of his appointment Whereas, by Resolution No. 133-17 adopt-
and provided a brief biography. ed April 3, 2017, and Resolution No. 133-17-A
adopted April 17, 2017, the City Council of the
Appointments were made to the following City of Dubuque found and determined that
boards/commissions. certain areas located within the City are eligi-
ble and should be designated as an urban
5. Community Development Advisory renewal area under lowa law, and approved
Commission: One, 3-year term through Febru- and adopted the Urban Renewal Plan (the
ary 15, 2020 (Vacant term of Blok). Applicant: "Urban Renewal Plan" or"Plan") for the Derby
Nicole Borovic, 3163 Hillcrest Rd. (Qualifies as Grange Road Housing Urban Renewal Area
Low- to Moderate-Income Representative). (the "Urban Renewal Area" or "Area") de-
Motion by Connors to appoint Mr. Borovic to scribed therein; and
the remainder of a 3-year term through Febru- Whereas, by Resolution 248-17 approved
ary 15, 2020. Seconded by Lynch. Motion car- on July 5, 2017, the City Council of the City of
ried 6-0. Dubuque, lowa authorized the preparation of
Amendment No. 1 to the Urban Renewal Plan
6. Housing Commission: One, 3-year term (the"Amendment No. 1")for the Area; and
through August 17, 2018 (Vacant term of Ked- Whereas, the City of Dubuque's primary
ley). Applicant: Shane Hoeper, 252 N. objective for Amendment No. 1 is to add addi-
Grandview Ave. Motion by Jones to appoint tional land to the Area and confirm the list of
Mr. Hoeper to the remainder of a 3-year term proposed projects to be undertaken within the
through August 17, 2018. Seconded by Lynch. Area; and
Motion carried 6-0. Whereas, a consultation process has been
undertaken with affeded taxing entities in ac-
7. Library Board of Trustees: One, 4-year cordance with Chapter 403 of the Code of lo-
term through July 1, 2021 (Expiring term of wa with no written objections or recommended
Willis). Additional Vacancies since July 17, changes to Amendment No. 1 received; and
2017 Meeting: One, 4-year term through July Whereas, City code requires the City
1, 2018 (Vacant term of Trotter); One, 4-year Council to submit the proposed Amendment
term through July 1, 2019 (Vacant term of No. 1 to the City's Long Range Planning
Weiss). Applicants: Greg Gorton, 1295 Prairie Commission for review and recommendation
Book 147 Regular Session, August 7, 2017 359
as to its conformity with the general plan for ACTION ITEMS
development of the City as a whole, prior to
City Council approval thereof; and 1. Smarter Travel Post-Project Update:
Whereas, the City Council, in accordance East Central Intergovernmental Agency (ECIA)
with Chapter 403 of the Code of lowa, has Director Kelley Deutmeyer and Transportation
held a public hearing on the proposed Director Chandra Ravada presented a post-
Amendment No. 1. project update on the Smarter Travel Project.
NOW, THEREFORE, BE IT RESOLVED Topic included: project overview of Smart
BY THE CITY COUNCIL OF THE CITY OF Travel 2012 and Smarter Travel 2015-2017;
DUBUQUE, IOWA: projed goal related to Jule Transit; volunteer
Section 1. That Amendment No. 1 is here- requirements; project outcomes; meaning-
by approved; although relocation is not ex- ful/purposeful locations; optimized bus routes;
pected, that a feasible method exists for the total project costs, post process; accolades;
location of any families who will be displaced and next steps/STREETS project. Ms. Deut-
from the Area into decent, safe and sanitary meyer presented the City Council and Jule
dwelling accommodations within their means Transit with the 2017 Excellence in Regional
and without undue hardship to such families; Transportation Award for its support and par-
and that Amendment No. 1 conforms to the ticipation in the project. Motion by Connors to
general plan of the City as a whole. receive and file the documents and infor-
Section 2. That the Area is an economic mation. Seconded by Lynch. Motion carried 6-
development area within the meaning of lowa 0.
Code Chapter 403; that such area is eligible
for designation as an urban renewal area and 2. Arts and Cultural Affairs Advisory Com-
otherwise meets all requisites under the provi- mission Funding Recommendations for Fiscal
sions of Chapter 403 of the Code of lowa; and Year 2018 Operating Support and Special
that the rehabilitation, conservation, redevel- Projeds: Arts and Cultural Advisory Affairs
opment, development, or a combination there- Advisory Commission recommending approval
of, of such area is necessary in the interest of of the Fiscal Year 2018 funding requests for
the public health, safety or welfare of the resi- operating support and special projects. Motion
dents of this City. by Jones to receive and file the documents
Section 3. That, notwithstanding any reso- and approve the recommendation. Seconded
lution, ordinance, plan, amendment or any by Connors. Motion carried 6-0.
other document, this Amendment No. 1 shall
be in full force and effect from the date of this 3. Dubuque Airport Rental Car Parking Lot
Resolution until the Council amends or repeals Project Award: City Manager recommending
this Amendment No. 1. award of the Dubuque Airport Rental Car Park-
Section 4. That the City Clerk of the City of ing Lot Project construction contract to the low
Dubuque, lowa is hereby authorized and di- bidder McClain Excavating. Motion by Lynch to
rected to file a certified copy of this Resolution receive and file the documents and adopt
and Amendment No. 1 in the office of the Resolution No. 283-17 Awarding public im-
Dubuque County Auditor. provement contract for the Dubuque Airport
Passed, approved and adopted this 7t° day Rental Car Parking Lot Projed 2017. Second-
of August, 2017. ed by Connors. Motion carried 6-0.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 283-17
AWARDING PUBLIC IMPROVEMENT CON-
PUBLIC INPUT TRACT FOR THE DUBUQUE AIRPORT
RENTAL CAR PARKING LOT PROJECT
Rebecca Nolan, 702 Fenelon Place, ad- 2017
dressed the City Council about her concerns NOW THEREFORE, BE IT RESOLVED
with being a vendor at the Farmer's Market BY THE CITY COUNCIL OF THE CITY OF
and receiving conflicting information from DUBUQUE, IOWA:
Dubuque Main Street that she believes is re- Whereas, sealed proposals have been
moving her from selling at the Farmer's Market submitted by contractors for the Dubuque Air-
due to her needs for clean up time. Ms. Nolan port Rental Car Parking Lot Project 2017, (the
provided a handout. City Manager Van Milligen Projed) pursuant to Resolution No. 245-17
advised the City Council that the City contrads and Notice to Bidders published in a newspa-
with Dubuque Main Street to manage and reg- per published in the City of Dubuque, lowa on
ulate the Farmer's Market. the 7th day of July 2017.
Whereas, said sealed proposals were
opened and read on the 27t° day of July 2017
and it has been determined that McClain Ex-
cavating of Peosta, lowa, with a base + alter-
Book 147 Regular Session, August 7, 2017 360
nate bid in the amount of $210,566.88 is the 5. Phase I 17t° Street Storm Sewer Im-
low�st responsive, responsible bidder for the provement Project Award: City Manager rec-
Project. ommending award of the Phase I 17�° Street
NOW THEREFORE, BE IT RESOLVED Storm Sew�r Improvement Project construc-
BY THE CITY COUNCIL OF THE CITY OF tion contract to the low bidder Portzen Con-
DUBUQUE, IOWA: strudion, Inc. Motion by Connors to receive
Thata Public ImprovementContractforthe and file the documents and adopt Resolution
Project is hereby awarded to McClain 6ccavat- No. 285-17 Awarding public improvement con-
ing and the City Manager is hereby directed to tract for Phase 1 17t° Street Storm Sewer Im-
execute a Public Improvement Contract on provements Project. Seconded by Lynch. Mo-
behalf of the City of Dubuque for the Projed. tion carried 6-0.
Passed, adopted and approved this 7t° day
of August 2017. RESOLUTION NO. 285-17
Roy D. Buol, Mayor AWARDING PUBLIC IMPROVEMENT CON-
Attest: Kevin S. Firnstahl, City Clerk TRACT FOR PHASE I 17T" STREET STORM
SEWERIMPROVEMENTS PROJECT
4. Grandview Avenue and Loras Boulevard Whereas, sealed proposals have been
Traffic Signal Reconstruction Project Award: submitted by contractors for the Phase I 17�n
City Manager recommending award of the Street Storm Sewer Improvements Project(the
Grandview Avenue and Loras Boulevard Traf- Project) pursuant to Resolution No. 246-17
fic Signal Reconstrudion Project construction and Notice to Bidders published on the City of
contract to the low bidder Portzen Construc- Dubuque website and in a contractor plan
tion. Motion by Connors to receive and file the room service with statewide circulation on the
documents and adopt Resolution No. 284-17 7t°day of July 2017.
Awarding public improvement contract for the Whereas, said sealed proposals were
GrandviewAvenue and Loras Boulevard Inter- opened and read on the 27t° day of July 2017
section Improvement Project. Seconded by and it has been determined that Portren Con-
Jones. Motion carried 6-0. struction, Inc. of Dubuque, IA, with a bid in the
amount of $1,176,885.00, is the lowest re-
RESOLUTION NO. 284-17 sponsive, responsible bidder for the Projed.
AWARDING PUBLIC IMPROVEMENT CON- NOW THEREFORE, BE IT RESOLVED
TRACT FOR THE GRANDVIEW AVENUE & BY THE CITY COUNCIL OF THE CITY OF
LORAS BOULEVARD INTERSECTION IM- DUBUQUE, IOWA:
PROVEMENT PROJECT That a Public Improvement Contract for the
Whereas, sealed proposals have been Projed is hereby awarded to Portzen Con-
submitted by contractors for the Grandview struction, Inc., and the City Manager is hereby
Avenue & Loras Boulevard Intersection Im- directed to execute a Public Improvement
provement Project, (the Project) pursuant to Contract on behalf of the City of Dubuque for
Resolution No. 263-17 and Notice to Bidders the Project, following said registration and ap-
published in a newspaper published in the City proval.
of Dubuque, lowa on the 23rd day of June, Passed, approved and adopted this 7t° day
2017. of August 2017.
Whereas, said sealed proposals were Roy D. Buol, Mayor
opened and read on the 20t° day of July,2017 Attest: Kevin S. Fimstahl, City Clerk
and it has been determined that Portren Con-
struction of Dubuque, lowa, with a bid in the 6. Naming Recognition Request - Kids in
amount of $328,276.28 is the lowest respon- Dubuque Skate (K.I.D.S.): City Manager rec-
sive, responsiblebidderfortheProject. ommending approval of the naming recogni-
NOW THEREFORE, BE IT RESOLVED tion request submitted by Dubuque Skate for
BY THE CITY COUNCIL OF THE CITY OF the skatepark projed. Motion by Del Toro to
DUBUQUE, IOWA: receive and file the documents and approve
ThataPubliclmprovementContractforthe the recommendation. Seconded by Jones.
Project is hereby awarded to Portzen Con- Council Member Connors thanked the skate
struction and the City Manager is hereby di- groups and the park and Recreation Commis-
rected to execute a Public Improvement Con- sion for their commitment to the project. Mo-
tract on behalf of the City of Dubuque for the tion carried 6-0.
Projed.
Passed, adopted and approved this 7t° day 7. City Manager Authority to Execute Con-
of August,2017. tracts and Leases: City Manager recommend-
Roy D. Buol, Mayor ing approval of a resolution that would in-
Attest: Kevin S. Firnstahl, City Clerk crease the City Manager's authority to execute
public improvement contracts to limits provided
in lowa Law and change the reporting re-
Book 147 Regular Session, August 7, 2017 361
quirement to City Council for such contracts, proposed ordinance be considered and voted
purchases, leases and insurance contract re- on for passage at two Council meetings prior
newals to the to any regular meeting of the to the meeting at which it is to be passed be
City Council. Motion by Connors to receive suspended. Seconded by Seconded by Lynch.
and file the documents and adopt Resolution Motion carried 6-0.
No. 286-17 Authorizing the City Manager to Motion by Jones for final consideration and
execute contracts and leases on behalf of the passage of Ordinance No. 37-17 Amending
City of Dubuque. Seconded by Del Toro. Mo- City of Dubuque Code of Ordinances Title 7
tion carried 6-0. Police, Fire and Public Safety, Chapter 6 Ani-
mal Control, Article D Dangerous Animals,
RESOLUTION NO. 286-17 Sedion 7-6D-4 6cceptions to Keeping and
AUTHORIZING THE CITY MANAGER TO Licensing Restrictions. Seconded by Lynch.
EXECUTE CONTRACTS AND LEASES ON Motion carried 6-0.
BEHALF OF THE CITY OF DUBUQUE
Whereas, the City Council adopted Resolu- OFFICIAL PUBLICATION
tion No. 307-07 Authorizing the City Manager ORDINANCE NO. 37-17
to 6cecute Contrads and Leases on Behalf of AMENDING CITY OF DUBUQUE CODE OF
the City of Dubuque; and ORDINANCES TITLE 7 POLICE, FIRE AND
Whereas, City Council now desires to re- PUBLIC SAFETY, CHAPTER 6 ANIMAL
scind Resolution No. 307-07. CONTROL, ARTICLE D DANGEROUS ANI-
NOW, THEREFORE, BE IT RESOLVED MALS, SECTION 7-6D4 EXCEPTIONS TO
BY THE CITY COUNCIL OF THE CITY OF KEEPING AND LICENSING RESTRICTIONS
DUBUQUE, IOWA: NOW, THEREFORE, BE IT ORDAINED
Sedion 1. Resolution No. 307-07 is re- BY THE CITY COUNCIL OF THE CITY OF
scinded. DUBUQUE, IOWA:
Sedion 2. The City Manager shall have the Sedion 1. Sedion 7-6D-4 of the City of
authority to award and execute contracts, to Dubuque Code of Ordinances is amended to
authorize work to proceed under contrads, read as follows:
and to approve the contractor's performance 7-6D-4: EXCEPTIONS TO KEEPING AND
and payment bonds and to make purchases LICENSING RESTRICTIONS:
on behalf of the City as follows: The prohibition contained in section 7-6D-3
a. Public improvement contracts up to the of this article and the provisions of section 7-
lowa Code Chapter 26 threshold for competi- 6D-5 of this article shall not apply to the keep-
tive bidding; ing of dangerous animals in the following cir-
b. All purchases of equipment, materials, cumstances:
and supplies; A. The keeping of dangerous animals
c. Contracts for services for $500,000 or in a public zoo, bona fide educational or
less; medical institution, humane society, or
d. Leases for a term of three (3) years or museum where they are kept as live
less; specimens for the public to view, or for
e. Insurance contract renewals. the purpose of instruction, research or
The City Manager shall submit a report to study.
the City Council of all such contracts or pur- B. The keeping of dangerous animals
chases less than the lowa Code Chapter 26 for exhibition to the public by a bona fide
threshold for competitive bidding, and leases traveling circus, carnival, exhibit or show
and insurance contract renewals at any regular licensed to perform in the city.
city council meeting. C. The keeping of dangerous animals
Section 3. The City Manager may delegate in a bona fide, licensed veterinary hospi-
the authority granted herein provided such talfortreatment.
delegation is in writing. D. The keeping of dangerous animals
Passed, approved and adopted this 7t° day by a wildlife rescue organization, with
of August, 2017. appropriate permit from the lowa conser-
Roy D. Buol, Mayor vation commission or the lowa depart-
Attest: Kevin S. Firnstahl, City Clerk ment of natural resources.
E. Any dangerous animals under the
8. Code of Ordinances Amendment - Title jurisdiction of and in the possession of
7 Animal Control - Exceptions to Keeping and the lowa conservation commission, pur-
Licensing Restrictions: City Manager recom- suant to chapter 717F of the lowa Code.
mending approval of hnro amendments to cor- F. A bona fide commercial pet shop
rect and update references to city and state licensed and inspeded by the lowa de-
code sections in the City's animal control ordi- partment of agriculture. Any such pet
nance. Motion by Jones to receive and file the shop shall post in a conspicuous place,
documents and that the requirement that a the following notice:
Book 147 Regular Session, August 7, 2017 362
NOTICE ordinance be considered and voted on for
Section 7-6D-3 of the City of Dubuque passage at two Council meetings prior to the
Code of Ordinances prohibits the keeping, meeting at which it is to be passed be sus-
sheltering or harboring for any purpose within pended. Seconded by Lynch. Motion failed 4-2
the City of Dubuque, any dangerous animal, with Rios and Del Toro voting nay.
as defined in Section 7-6D-1. Dangerous ani- Motion by Connors to consider the first
mal includes, but is not limited to, the follow- reading of a proposed ordinance amending
ing: City of Dubuque Code of Ordinances Title 1
1. Lions, tigers, jaguars, leopards, cou- Administration, Chapter 6 Mayor and City
gars, lynx and bobcats; Council, Section 1-6-2 Compensation. Se-
2.Wolves, coyotes and foxes; conded by Jones. Motion carried 4-2 with Rios
3. Badgers, wnlverines, weasels, and Del Toro voting nay.
skunks and mink;
4. Raccoons; There being no further business, upon mo-
5. Bears; tion the City Council adjourned at 6:48 p.m.
6. All apes, baboons, macaques, mon-
keys and chimpanzees; The City Council then conducted a non-
7. Alligators and crocodiles; public meeting regarding collective bargaining
8. Scorpions; and employment conditions pursuant to Chap-
9. Snakes that are: ter 20.17(3) and Chapter 21.9 of the Code of
a. Any member of the family atrac- lowa.
taspidae, including but not limited to
mole vipers and burrowing asps. /s/Kevin S. Firnstahl, CMC, City Clerk
b. Any member of the family el-
apidae, voperidae, crotalidae, atrac-
taspidae, or hydrophidae which are
venomous, including but not limited
to cobras, mambas, cora/ snakes,
kraits, adders, vipers, rattlesnakes,
copperheads, pit vipers, kee/backs,
cottonmouths, and sea snakes.
c. Any member of the superfamily
henophidia, which are limited to re-
ticulated pythons, anacondas, and
African rock pythons.
10. Reptiles that are venomous;
11. Gila monsters;
12. Opossums; and
13. Any crossbreed of such animals
which have similar characteristics of the
animals specified above.
Sedion 2. This Ordinance takes effed up-
on publication.
Passed, approved, and adopted the 7t°day
of August, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 11t° day of August, 2017.
/s/Kevin S. Firnstahl, City Clerk
9. Code of Ordinances Amendment - Title
1 Mayor and City Council Salary Compensa-
tion: City Clerk submitting an amendment to
the City of Dubuque Code of Ordinances Title
1 adjusting City Council Member salaries ef-
fective January 1, 2018 as recommended by
the Compensation Task Force and approved
by City Council on July 17, 2017. Motion by
Connors to receive and file the documents and
that the requirement that a proposed
Book 147 Special Session, August 14, 2017 363
CITY OF DUBUQUE, �OWQ noted permit types to the following applicants
CITY COUNCIL PROCEEDINGS pending submission of the locally required
documentation:
SPECIAL SESSION soecial Event
OFFICIAL Ryan Voss Wedding, Alliant Amphitheater,
Class C Liquor(Outdoor)
The Dubuque City Council met in special ses- Passed, approved and adopted this 14�n
sion at 6:00 p.m. on August 14, 2017 in the day of August, 2017.
Jule Transit Operations and Training Center, Roy D. Buol, Mayor
925 Kerper Boulevard. Attest: Kevin S. Firnstahl, City Clerk
Present: Mayor Buol; Council Members Con- WORK SESSION
nors, Del Toro, Jones, Lynch, Resnick, Rios; Walking Tour of the Jule Transit Operations
City Manager Van Milligen. and Training Center
Mayor Buol read the call and stated this is Projed Manager Steve Brown, Transit Di-
a special session of the City Council called for vision Manager Candace Eudaley-Loebach,
the purpose of approving a special-event liquor and Economic Development Director Maurice
license and conduding a work session tour of Jones conduded a walking tour of the Jule
the Jule Transit Operations and Training Cen- Transit Operations and Training Center cur-
ter. rently under construction at 925 Kerper Boule-
vard. A description of the exterior areas in-
CONSENT ITEM cluded: security elements, driver training are-
as, planned sidewalk connections to hike/bike
1. Alcohol License Application: City Man- trails, bio infiltration and pervious surfaces
ager recommending approval of a request by areas, EPA site clean-up and monitoring re-
Ryan Voss for an outdoor-service, special- quirements, and solar/alternative energy com-
event, alcohol license for a wedding being held ponents. Interior areas included a description
on the City-owned Alliant Amphitheater, Au- of classroom space and training areas; office,
gust 19, 2017. Motion by Lynch to receive and dispatch and staff areas; ADA accessibility
file the documents and adopt Resolution No. elements; and the bus bay layout functionality
287-17 Approving applications for beer, liquor, and environmental features.
and/or wine permits, as required by City of
Dubuque Code of Ordinances Title 4 Business There being no further business, upon mo-
and License Regulations, Chapter 2 Liquor tion the City Council adjourned at 6:40 p.m.
Control, Article B Liquor, Beer and Wine Li-
censes and Permits. Seconded by Jones. Mo- /s/Kevin S. Firnstahl, CMC, City Clerk.
tion carried 7-0.
RESOLUTION NO. 287-17
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:
Sedion 1. The City Clerk is hereby author-
ized and direded to cause to be issued the-
Book 147 Regular Session, August 21, 2017 364
CITY OF DUBUQUE, IOWA Claims and Summary of Revenues for Month
CITY COUNCIL PROCEEDINGS Ending 6/30. upon motion the documents
were received and filed.
REGULAR SESSION
OFFICIAL 2. Notice of Claims and Suits: Acuity Insur-
ance on behalf of Richard Hartig for vehicle
The Dubuque City Council met in regular damage, Marie Backes for vehicle damage,
session at 6:00 p.m. on August 21, 2017 in the Catherine Behnke for property damage, Alec
Historic Federal Building, 350 W. 6�°Street. Lee Benson for vehicle damage, Michael Elliott
for property damage, Jean Holdener for vehi-
Present: Mayor Buol; Council Members cle damage, Scott Morris for property damage,
Connors, Del Toro, Jones, Lynch, Resnick, Nick Nadermann for property damage, Jessica
Rios; City Manager Van Milligen, City Attorney N/est for vehicle damage. Upon motion the
Brumwell documents were received, filed, and referred
to the City Attorney.
Mayor Buol read the call and stated this is
a regular session of the City Council called for 3� Disposition of Claims: City Attorney ad-
the purpose of conducting such business that vising that the following claims have been re-
may properly come before the City Council. ferred to Public Entity Risk Services of lowa,
the agent for the lowa Communities Assurance
PLEDGEOFALLEGIANCE Pool: Acuity Insurance on behalf of Richard
Hartig for vehicle damage, Marie Backes for
PROCLAMATION(S) vehicle damage, Catherine Behnke for proper-
ty damage, Alec Lee Benson for vehicle dam-
1.Welcome Students Weeks (August 21 - age, Jean Holdener for vehicle damage, Scott
September 5, 2017)was accepted by Kristin Morris for property damage, Nick Nadermann
Dietrel, Vice President of Workforce Solutions for property damage, Jessica West for vehicle
for Greater Dubuque Development Corp. 900 damage. Upon motion the documents were
Jackson Street, Suite 109. received, filed, and concurred.
2. Irish Hooley Music Festival Day (August 4. lowa Department of Cultural Affairs Cor-
26, 2017) was accepted by Event President respondence: Correspondence from the lowa
Rob McCullough and Coordinator Robert Department of Cultural Affairs and the National
Felderman. Park Service congratulating the City of Dubu-
que for being a Certified Local Government
3. Boy Scouts of America 100th Anniver- and partner in the Federal Preservation pro-
sary Week (September 17-23, 2017) was ac- gram since August 26, 1985. Upon motion the
cepted by Bruce Hallahan, President of the NE documents were received and filed.
lowa Council of Boy Scouts of America.
5. Solid Waste Management Programs:
CONSENT ITEMS City Manager providing the public information
brochure for the City's Solid Waste Manage-
Motion by Lynch to receive and file the ment programs and additional services. Paul
documents, adopt the resolutions, and dispose Schultr, 2008 Victoria St., expressed his con-
of as indicated except for Items No. 5 & 29. cerns over wnrding in the Food Scraps/Yard
Seconded by Rios. Paul Schultr requested N/aste Colledion sedion of the brochure that
that Item No. 5 be pulled for separate discus- stated as available to all Dubuque residents
sion, and Council Member Del Toro requested and business and that compostable bags were
#29 be pulled for separate discussion. Motion listed as unacceptable. Mr. Schultr believes
carried 7-0. this wnrding to be untrue in his experience and
suggested changing the wnrding for the online
1. Minutes and Reports Submitted: Cable version of the brochure, correcting future pub-
TV Commission of 8/2; City Council Proceed- lications, and for the City to consider adapting
ings of 8/7, 8/14; Civil Service Commission of the food scrap program to enable renters to
8/3; Five Flags Civic Center Commission of join. City Manager Van Milligen stated that the
7/31; Historic Preservation Commission of brochure was informational only and that an
7/20; Long Range Planning Advisory Commis- expansion of the program would be recom-
sion of 7/19; Zoning Advisory Commission of inended through the budget process. If possi-
8/2; Zoning Board of Adjustment of 7/27; Proof ble, the errors in text will be fixed for this print-
of Publication for City Council Proceedings of ing and for future printings of the brochure.
8/1, 8/2, 8/3; Proof of Publication for List of Motion by Lynch to receive and file the docu-
ments. Seconded by Connors. Motion carried 7-0.
6. Fair Housing Testing Round 2: City At-
Book 147 Regular Session, August 21, 2017 365
torney submitting information gathered from ment of Natural Resources for a "sponsored
Round 2 of the Fair Housing Testing. Upon projecY' amendment to the Original Note for a
motion the documents were received and filed. water restoration project described below
("Sponsored ProjecY') to be funded under the
7. Proceedings to Complete Action on terms of a new Series 2015B Note in the prin-
Stormwater Utility Revenue Capital Loan Note, cipal amount of $30,941,000 and bearing in-
Series 2015B Catfish Creek Sponsorship: City terest at the rate of 1.18% ("New Note"); and
Manager recommending approval of the Pro- Whereas, the lowa Finance Authority has
ceedings to Complete Action on issuance of requested that the Original Note be exchanged
Stormwater Utility Revenue Capital Loan for the New Note, reflecting the additional
Notes, Series 2015B related to the Catfish amount allocated for the Project; and
Creek Sponsorship. Upon motion the docu- Whereas, pursuant to notice published as
ments were received and filed and Resolution required by law, this Council has previously
No. 288-17 Amending the original Resolution, held a public meeting and hearing upon the
approved on June 15, 2015, said Resolution proposal to institute proceedings for the au-
Approving and Authorizing a Loan and Dis- thorization of a Loan and Disbursement
bursement Agreement with the lowa Finance Agreement by and between the Issuer and the
Authority and Authorizing and Providing for the lowa Finance Authority, and the issuance to
Issuance of Stormwater Utility Revenue Capi- the lowa Finance Authority of not to exceed
tal Loan Notes, Series 2015B, in order to pro- $34,000,000 Stormwater Utility Revenue Capi-
vide for the funding of a sponsored project tal Loan Notes to evidence the obligations of
under the terms of a new Series 2015B Note the Issuer under said Loan and Disbursement
to be issued in the principal amount of Agreement, for the purpose of providing funds
$30,941,000, which includes approval of a to pay costs of land acquisition, engineering
Supplemental Tax Exemption Certificate was and construction of Phase 7 of the Bee Branch
adopted. Watershed Flood Mitigation Project, also
known as the Upper Bee Branch Creek resto-
RESOLUTION NO. 288-17 ration, the refunding and refinancing of the
AMENDING THE ORIGINAL RESOLUTION, outstanding General Obligation Capital Loan
APPROVED ON JUNE 15, 2015, SAID RES- Notes Anticipation Project Note, Series 2006,
OLUTION APPROVING AND AUTHORIZING dated December 28, 2006, issued in respect of
A LOAN AND DISBURSEMENT AGREE- such costs, and the Catfish Creek Watershed
MENT WITH THE IOWA FINANCE AUTHOR- Improvements, and considered the extent of
ITY AND AUTHORIZING AND PROVIDING objections received from residents or property
FOR THE ISSUANCE OF STORMWATER owners as to said proposal; and
UTILITY REVENUE CAPITAL LOAN NOTES, Whereas, a Sponsored Project Loan and
SERIES 2015B, IN ORDER TO PROVIDE Disbursement Agreement Amendment (here-
FOR THE FUNDING OF A SPONSORED inafter the "AmendmenY') has been prepared
PROJECT UNDER THE TERMS OF A NEW to reflect said interest rate reduction and addi-
SERIES 2015B NOTE TO BE ISSUED IN tional loan amount, a copy of which is attached
THE PRINCIPAL AMOUNT OF $30,941,000, hereto as 6chibit A; and
WHICH INCLUDES APPROVAL OF A SUP- Whereas, pursuant to IRS regulations
PLEMENTAL TAX EXEMPTION CERTIFI- adoption of the Amendment constitutes a reis-
CATE suance of the Note.
Whereas, the Issuer previously issued its NOW, THEREFORE, BE IT RESOLVED
Stormwater Utility Revenue Capital Loan Note, BY CITY COUNCIL OF THE CITY OF DUBU-
Series 2015B, dated June 19, 2015, in the QUE, STATE OF IOWA:
amount of $29,541,000 ("Original Note"), pur- Section 1. That the Resolution is hereby
suant to a Loan and Disbursement Agreement amended to reflect the interest rate reduction
between Issuer and the lowa Finance Authori- to 1.18% per annum on the new principal
ty, dated of like date (the"AgreemenY'), for the amount of $30,941,000 from and after June 1,
purpose of defraying the costs of the Project 2017 for the remainder of the life of the New
(as defined in the resolution authorizing issu- Note. Debt service on the New Note is the
ance of the same (hereinafter the "Resolu- same as debt service on the Original Note,
tion")); and accordingly, parity coverage is not affeded.
Whereas, upon completion of the Project Section 2. That the Amendment in sub-
contemplated by the Original Note, the final stantially the form attached to this Resolution
loan is anticipated to be 29,541,000 (with and the New Note are hereby authorized to be
$28,392,547.14 already drawn, an estimated executed and issued on behalf of the Issuer by
$574,000 anticipated to be drawn prior to clos- the Mayor and attested by the City Clerk. The
ing); and New Note shall be exchanged for the Original
Whereas, the Issuer has been approved by Note.
the lowa Finance Authority and the Depart- Section 3. That the Supplemental Tax Cer-
Book 147 Regular Session, August 21, 2017 366
tificate regarding the uses of proceeds and the bage Assessment Schedule are delinquent in
System is hereby approved. The Finance Di- the payment of garbage collection charges in
rector is authorized to execute the same. the amount set aside of the respective names,
Section 4. Except as amended herein, all and that said amounts shall be collected in the
of the other terms and conditions of the Reso- same manner as general property taxes
lution and Agreement are in all respects rati- against the respective parcels of property set
fied, confirmed and approved and shall remain opposite the names of the owners.
in full effect. Passed, approved and adopted this 21��
Passed and approved this 21�� day of Au- day of August, 2017.
gust, 2017. Roy D Buol, Mayor
Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk
Attest: Kevin S. Firnstahl, City Clerk
Sched u le of Assessm ents
8. Delinquent Garbage Colledion Charges Delinquent Garbage Collection Charges
- Housing and Community Development De- Location; Legal Description; Own-
partment: City Manager recommending that er/Address; Parcel#; Amount; Category
the City Council adopt a resolution authorizing 1449 Jackson; S 1/2 - M 1/5 of City Lot
the City Clerk to certify garbage collection 494; Volz, Scott 1449 Jackson St., Dubuque IA
charges to the Dubuque County Treasurer in 52001; 1024409011; $1,077.88; garbage
order to establish real property liens for collec- 1853 White; S 26' - M 1/5 - City Lot 436;
tion of such charges. Upon motion the docu- Dubuque Main Street Ltd, 1069 Main St.
ments were received and filed and Resolution Dubuque IA 52001; 1024256005; $112.00;
No. 289-17 Authorizing the City to colled de- garbage
linquent garbage collection charges in accord- 338 Kaufmann; E 1/2 of Lot 6 Sieges Sub;
ance with Title 6-4-3A; Title 6-4-5A and Title 6- Home Dream, LLC, 3060 Pennsylvania Ave.,
4-5B of the Code of Ordinances of the City of Dubuque IA 52001; 1024131002; $67.00; gar-
Dubuque, lowa was adopted. bage
2776 Central; W 170'- 284 Davis Farm
RESOLUTION NO. 289-17 Add; Robey, Delbert R. 2776 Central Ave.
AUTHORIZING THE CITY TO COLLECT DE- Dubuque IA 52001; 1013308001; $65.00; gar-
LINQUENT GARBAGE COLLECTION bage
CHARGES IN ACCORDANCE WITH TITLE 2241 Washington; Lot 1-S 39.40'-Lot 80 L
64-3A; TITLE 64-SA 8. TITLE 64-5B OF H Langworthy's Add; Hammerand, Lyle E &
THE CODE OF ORDINANCES OF THE CITY Melissa B.,19701 Kruse Ln., Sherrill IA 52073;
OF DUBUQUE, IOWA 1024203011; $115.00; garbage
Whereas, residential properties in the City 799 Rush; Lot 1-2-S 165'-190 Union Add;
of Dubuque are considered substandard if any Ley, John 799 Rush St., Dubuque IA 52003;
conditions exist to an extent that endanger life, 1025455011; $96.00; garbage
limb, health, property, safety or welfare of the 520 Edith; Lot 2-70, W 20.1' of Lot 1-69 &
public or the occupants thereof; and E 13.1' of Lot 1-70 O'Neill's Riverview; Boen,
Whereas, whenever in the judgment of the Michael S. 1321 Lincoln Ave., Dubuque IA
Housing Officer, a nuisance that is "palpably 52001; 1 01 31 27006; $96.00; garbage
and indisputably such" exists which requires 641 W 11th; S 100' - W 61' - S 1/2 - Lot
immediate action to protect the public health, 822 A McDaniel's Sub 641-649 W 11th St.; Tri-
safety or welfare of the public, the Housing State Property Management LLC, 2245
Officer may order the emergency abatement of Wedgewnod Dr., Asbury IA 52002;
such; and 1 024381 01 8; $182.35; garbage
Whereas, delinquent garbage collection 375 Dorgan; Lot 6 Dorgan's Sub; Perry,
charges shall be certified by the City Clerk to Jodie L. 375 Dorgan PI., Dubuque IA 52001;
the Dubuque County Treasurer for collection 1024180026; $315.91; garbage
with, and in the same manner as general 1659 lowa; S 57'- N 107'- E 1/2 of City Lot
propertytaxes. 746 1659-1677 lowa; Engelken, Thomas A.,
NOW, THEREFORE, BE IT RESOLVED 2022 Camelot Dr., Allen TX 75013;
BY THE CITY COUNCIL OF THE CITY OF 1024254008; $67.00; garbage
DUBUQUE, IOWA: 590 Clarke; BAL - N 70' - Lot 8 J P Porter's
Sedion I. That the persons listed on the at- Add 590-590 1/2 Clarke Dr.; Gladwin, Kevin,
tached Garbage Assessment Schedule are 590 Clarke Dr., Dubuque IA 52001;
delinquent in the payment of grass and weed 1024153009; $70.00; garbage
cutting and garbage collection charges.
Sedion 2. That the City Clerk be and is
hereby ordered and direded to certify to the
County Treasurer of Dubuque County, lowa,
that the persons named on the attached Gar-
Book 147 Regular Session, August 21, 2017 367
9. Civil Service Commission - Certified 12. Consolidated Annual Performance and
Lists: Civil Service Commission submitting the Evaluation Report (CAPER): City Manager
Certified List for the Fire Promotional position recommending approval of a resolution author-
of Medical Officer and the Certified List for the izing submission to HUD of the Consolidated
position of Landfill Foreman. Upon motion the Annual Performance and Evaluation Report
documents were received, filed and made a (CAPER)for the period of July 1, 2015 through
Matter of Record. June 30, 2016. Upon motion the documents
were received and filed and Resolution No.
August 3, 2017 291-17 Authorizing the submission of a Con-
Honorable Mayor and solidated Annual Performance and Evaluation
Members of the City Council Report (CAPER) for the period commencing
In accordance with Chapter 400 of the July 1, 2015 and concluding June 30, 2016
Code of lowa, a promotional examination for was adopted.
the position of Landfill Foreman was adminis-
tered on June 27, 2017. We hereby certify that RESOLUTION NO. 291-17
the individuals listed below have passed this AUTHORIZING THE SUBMISSION OF A
written examination and the vacancy for this CONSOLIDATED ANNUAL PERFORMANCE
position should be made from this list and that AND EVALUATION REPORT (CAPER) FOR
this list is good for two (2) years from above THE PERIOD COMMENCING JULY 1, 2015
date. AND CONCLUDING JUNE 30, 2016
Landfill Foreman: 1. Robert Barry, 2. Ray- Whereas, the City of Dubuque, lowa, is an
mond Behnke, 3. William Gansen, 4. Daniel entitlement grant recipient under the Commu-
Mayne, 5. Nick Connolly, 6. James Herbst, 7. nity Development Block Grant (CDBG) Pro-
Richard Bogosian gram of the U.S. Department of Housing and
Respectfully submitted, Urban Development(HUD); and
Daniel White, Chairperson Whereas, the CDBG regulations require
Civil Service Commission each entitlement recipient must submit a per-
formance and evaluation report, Consolidated
10. Mutual Aid Agreement with Jamestown Annual Performance and Evaluation Report
Fire Department: City Manager recommending (CAPER); and
City Council approval of a new Mutual Aid Whereas, the City has 1) prepared a CA-
Agreement with Jamestown Fire Department PER for the program year commencing July 1,
of Kieler, Wisconsin. Upon motion the docu- 2014 and concluding June 30, 2015; 2) pub-
ments were received, filed and approved. lished notice of availability of the CAPER in the
Telegraph Herald and City of Dubuque website
11. Fiscal Year 2017 City Street Financing on August 1, 2017 and; 3) made copies of the
Report: City Manager recommending adoption CAPER available for public review; 4) held a
of a resolution approving the City of Dubuque's public hearing pursuant to required 15 days
Fiscal Year 2017 City Street Financing Report. published notice before the Community Devel-
Upon motion the documents were received opment Advisory Commission on August 15,
and filed and Resolution No. 290-17 Approving 2017; and
the City of Dubuque Fiscal Year 2017 City Whereas, the Community Development
Street Financing Report was adopted. Advisory Commission has voted to approve
the CAPER and to recommend City Council
RESOLUTION NO. 290-17 approval.
APPROVING THE CITY OF DUBUQUE FIS- NOW, THEREFORE, BE IT RESOLVED
CAL YEAR 2017 CITY STREET FINANCING BY THE CITY COUNCIL OF THE CITY OF
REPORT DUBUQUE, IOWA:
NOW THEREFORE, BE IT RESOLVED Sedion 1. That the Consolidated Annual
BY THE CITY COUNCIL OF THE CITY OF Performance and Evaluation Report (CAPER)
DUBUQUE, IOWA: for the period commencing July 1, 2015 and
Sedion 1. That the City Street Finance concluding June 30, 2016 is hereby approved
Report for the period of July 1, 2016, to June for submission.
30, 2017, is hereby approved and that the City Sedion 2. That the Mayor of the City of
Clerk is hereby authorized and direded to file Dubuque is hereby authorized and direded to
said report with the lowa Department of execute the Consolidated Annual Performance
Transportation. and Evaluation Report (CAPER) on behalf of
Passed, approved and adopted this 21�� the City of Dubuque, lowa.
day of August 2017. Sedion 3. That the City Manager is hereby
Roy D. Buol, Mayor authorized and directed to submit the Consoli-
Attest: Kevin S. Firnstahl, City Clerk dated Annual Performance and Evaluation
Report (CAPER) to the U.S. Department of
Housing and Urban Development.
Book 147 Regular Session, August 21, 2017 368
Passed, approved and adopted this 21�� 15. Plat of Survey- Marquette Hall Revital-
day of August, 2017 ization Project: City Manager recommending
Roy D. Buol, Mayor approval of the Plat of Survey of Lot 34-A of
Attest: Kevin S. Firnstahl, City Clerk Sanford Subdivision to facilitate the develop-
ment of the former Sacred Heart School build-
13. Preliminary Plat of Oakland Ridge Es- ing by Marquette Hall, LLC at 2222 Queen
tates: Zoning Advisory Commission recom- Street. Upon motion the documents were re-
mending approval of the Preliminary Plat of ceived and filed and Resolution No. 293-17
Oakland Ridge Estates subjed to waiving the Approving the Plat of proposed vacated alley
street width for Luna Street, Mackenzie Ridge, between Regent Street and Queen Street in
Lauren Lane, Alea Lane, Marissa Court, Con- Sanford Subdivision, in the City of Dubuque,
ner Court and Carriage Court. Upon motion lowa was adopted.
the documents were received, filed and ap-
proved. RESOLUTION NO. 293-17
APPROVING PLAT OF PROPOSED VA-
14. Plat of Survey - Jelinske Place No. 2: CATED ALLEY BETWEEN REGENT
Zoning Advisory Commission recommending STREET AND QUEEN STREET IN SAN-
approval of the Plat of Survey for Jelinske FORD SUBDIVISION, IN THE CITY OF
Place No. 2. Upon motion the documents were DUBUQUE, IOWA
received and filed and Resolution No. 393-17 Whereas, there has been presented to the
Approving the Plat of Survey of Jelinske Place City Council of the City of Dubuque, lowa, a
No. 2 in Dubuque County, lowa was adopted. plat dated August 14, 2017 prepared by Bues-
ing and Associates, lnc., showing the vacated
RESOLUTION NO. 393-17 20-foot wide alley between Regent Street and
APPROVING THE PLAT OF SURVEY OF Queen Street, and between Lots 11-19, inclu-
JELINSKE PLACE NO. 2 IN DUBUQUE sive, and Lots 3134, inclusive, all in Sanford
COUNTY, IOWA Subdivision, in the City of Dubuque, lowa, to
Whereas, there has been filed with the City be known as Lot 34-A of Sanford Subdivision,
Clerk a Plat of Survey of Jelinske Place No. 2 in the City of Dubuque, lowa; and
in Dubuque County, lowa; and Whereas, said plat conforms to the laws
Whereas, said Plat of Survey provides 0 and statutes pertaining thereto.
feet of frontage for Lot 1 on a public or ap- NOW, THEREFORE, BE IT RESOLVED
proved private street, where 50 feet of street BY THE CITY COUNCIL OF THE CITY OF
frontage is required by Sedion 11-14(B) in DUBUQUE, IOWA:
accordance of Title 16 of the City of Dubuque Sedion 1. That the plat dated August 14,
Code of Ordinances; and 2017 prepared by the Buesing and Associates,
Whereas, said Plat of Survey has been ex- Inc., relative to the real estate hereinabove
amined by the Zoning Advisory Commission described be and the same is hereby ap-
and had its approval endorsed thereon; and proved, and the Mayor and City Clerk be and
Whereas, said Plat of Survey has been ex- they are hereby authorized and directed to
amined by the City Council and they find that it execute said plat for and on behalf of the City
conforms to the statues and ordinances relat- of Dubuque, lowa.
ing thereto. Sedion 2. The City of Dubuque reserves a
NOW THEREFORE, BE IT RESOLVED perpetual public utility easement over a portion
BY THE CITY COUNCIL OF THE CITY OF of said Lot 34-A, as shown on the plat thereof,
DUBUQUE, IOWA: including the right of ingress and egress there-
Sedion 1. That Sedion 11-14(B) of Title 16 to, for the purpose of ereding, installing, con-
of the City of Dubuque Code of Ordinances, struding, reconstructing, repairing, owning,
Unified Development Code, is waived to allow operating, and maintaining public utilities and
0 feet of frontage on a public street or an ap- appurtenances.
proved private street for Lot 1. Sedion 3. That the City Clerk be and is
Sedion 2. That the Plat of Survey is here- hereby authorized and directed to file said plat
by approved and the Mayor and City Clerk are and certified copy of this resolution in the office
hereby authorized and direded to endorse the of the Recorder in and for Dubuque County,
approval of the City of Dubuque, lowa upon lowa.
said Plat of Survey. Passed, approved and adopted this 21��
Passed, approved and adopted this 21�� day of August, 2017.
day of August, 2017. Roy D. Buol, Mayor
Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk
Attest: Kevin S. Firnstahl, City Clerk
Book 147 Regular Session, August 21, 2017 369
16. Clean Water State Revolving Fund hereby authorized to submit a Clean Water
(SRF) Sponsorship Program - Midtown Trans- SRF Sponsorship application to sponsor and
fer and Catfish Creek Watershed Pervious fund the Midtown Transfer and Catfish Creek
Alley Construction Project: City Manager rec- Watershed Pervious Alley Construdion Pro-
ommending authorization to submit a Clean ject.
Water State Revolving Fund Sponsorship Pro- Passed, approved and adopted this 21��
ject application to the lowa Department of Nat- day of August, 2017.
ural Resources to secure funding for the Mid- Roy D. Buol, Mayor
town Transfer and Catfish Creek Watershed Attest: Kevin S. Firnstahl, City Clerk
Pervious Alley Construdion Projed. Upon
motion the documents were received and filed 17. Public, Educational, and Government
and Resolution No. 294-17 Authorization to (PEG) Capital Grant 6cpenditure Request:
submit a Clean Water SRF Sponsorship Pro- City Manager recommending approval of the
gram application to provide funding for the Cable TV Commission's request for funding
Midtown Transfer and Catfish Creek Water- from the Public, Educational, and Government
shed Pervious Alley Construction Project was (PEG) Capital Grant for Access Equipment
adopted. and Facilities for the City of Dubuque to pur-
chase three HD cameras, three camera batter-
RESOLUTION NO. 294-17 ies, protective filters and SD media cards. Up-
AUTHORIZATION TO SUBMIT A CLEAN on motion the documents were received, filed
WATER SRF SPONSORSHIP PROGRAM and approved.
APPLICATION TO PROVIDE FUNDING FOR
THE MIDTOWN TRANSFER AND CATFISH 18. lowa Finance Authority - Washington
CREEK WATERSHED PERVIOUS ALLEY Neighborhood/Housing Trust Fund Application:
CONSTRUCTION PROJECT City Manager recommending approval to
Whereas, legislation was passed during commit funds from the Greater powntown Tax
the 2009 lowa General Assembly session to Increment Financing Urban Renewal District
create the Clean Water State Revolving Fund as budgeted to be used as a match to the
Sponsorship Project program, which is de- Housing Trust Fund Committee's application to
signed to provide communities with the ability the lowa Finance Authority for a grant from the
to fund two water projects for the cost of one; State Housing Trust Fund. Upon motion the
and documents were received and filed and Reso-
Whereas, the City of Dubuque submitted lution No. 295-17 Approving commitment of
an Intended Use Plan to the Clean Water matching funds for an application to the lowa
State Revolving Fund in the amount of Finance Authority (IFA) for State Housing
$10,000,000 forthe Upper Bee Branch Creek Trust Funds was adopted.
Railroad Culverts that was approved by the
Department of Natural Resources and the lo- RESOLUTION NO. 295-17
wa Finance Authority, which qualifies the City APPROVING COMMITMENT OF MATCHING
to apply for the Clean Water SRF Sponsorship FUNDS FOR AN APPLICATION TO THE
Project program; and IOWA FINANCE AUTHORITY (IFA) FOR
Whereas, the Midtown Transfer and Cat- STATE HOUSING TRUST FUNDS
fish Creek Watershed Pervious Alley Con- Whereas, the lowa Finance Authority has
struction Project will include the construction of recognized Dubuque's Housing Trust Fund
$1,000,000 in improvements to help improve Committee as a certified Local Housing Trust
water quality and reduce runoff in the water- Fund; and
shed; and Whereas, IFA has made funding available
Whereas, the City of Dubuque has pre- in statewide competition to local trust funds for
pared an application seeking $1,000,000 for State Housing Trust Fund grants, in amounts
the Midtown Transfer and Catfish Creek Wa- based on population size; and
tershed Pervious Alley Construction Project Whereas, a 25% local match is required for
through the Clean Water State Revolving Fund receipt of a funding award; and
Sponsorship Project program; and Whereas, the Housing Trust Fund Commit-
Whereas, if approved, the City would re- tee has authorized an application to IFA for a
ceive an interest rate reduction of $1,000,000 Housing Trust Fund award, in the amount of
so that the citizens of Dubuque wnuld not pay $161,456; and
any more than they would for the approved Whereas, the GDTIF FY18 Receipts Activi-
loan for the Upper Bee Branch Creek Railroad ty No. 3601595 funds are available in the cur-
Culverts. rent year Housing DepartmenYs budget in suf-
NOW THEREFORE, BE IT RESOLVED ficient amount to meet the matching funds
BY THE CITY COUNCIL OF THE CITY OF requirement.
DUBUQUE, IOWA: NOW, THEREFORE, BE IT RESOLVED
That the City Manager or his designee is BY THE CITY COUNCIL OF THE CITY OF
Book 147 Regular Session, August 21, 2017 370
DUBUQUE, IOWA: ing Fund Sponsorship Project program; and
Sedion 1. That the City of Dubuque hereby Whereas, if approved, the City would re-
approves commitment of $40,364 in the cur- ceive an interest rate reduction of$320,000 so
rent year GDTIF FY18 Receipts as a match to that the citizens of Dubuque would not pay any
the application for IFA State Housing Trust more than they wnuld for the approved loan for
Funds. the Kerper Boulevard Sanitary Sewer Recon-
Sedion 2. That the Housing Trust Fund strudion Project.
Committee, in accordance with Sec. 2-5D-7 of NOW THEREFORE, BE IT RESOLVED
the Code of Ordinances, shall have final au- BY THE CITY COUNCIL OF THE CITY OF
thority to direct how such funds shall be used DUBUQUE, IOWA:
in support of revitalization activities in the That the City Manager or his designee is
Washington Neighborhoods. hereby authorized to submit a Clean Water
Passed, approved and adopted this 21�� SRF Sponsorship application to sponsor and
day of August, 2017. fund the Eagle Point Park Environmental Res-
Roy D. Buol, Mayor toration Projed.
Attest: Kevin S. Fimstahl, City Clerk Passed, approved and adopted this 21��
day of August, 2017.
19. Eagle Point Park Environmental Resto- Roy D. Buol, Mayor
ration Project Funding: City Manager recom- Attest: Kevin S. Firnstahl, City Clerk
mending adoption of a resolution authorizing
submittal of a Clean Water State Revolving 20. Certified Local Government Grant Ap-
Fund (SRF) Sponsorship Project application to plication for Historic Preservation Commission
the lowa Department of Natural Resources to Scholarships: City Manager recommending
secure funding for the Eagle Point Park Envi- Council approval to transmit the Certified Local
ronmental Restoration Project. Upon motion Government grant application for scholarships
the documents were received and filed and to enable at least two Historic Preservation
Resolution No. 296-17 Authorization to submit Commission members to attend the 2018 Na-
a Clean Water SRF Sponsorship Program tional Alliance of Preservation Commissions
application to provide funding for the Eagle Forum to be held in Des Moines lowa, on July
Point Park Environmental Restoration Project 18-22, 2018. Upon motion the documents
was adopted. were received and filed and Resolution No.
297-17 Authorizing CLG Grant application to
RESOLUTION NO. 296-17 State Historic Preservation Office for Scholar-
AUTHORIZATION TO SUBMIT A CLEAN ships for Historic Preservation Commissioners
WATER SRF SPONSORSHIP PROGRAM to attend National Preservation Conference
APPLICATION TO PROVIDE FUNDING FOR wasadopted.
THE EAGLE POINT PARK ENVIRONMEN-
TAL RESTORATION PROJECT RESOLUTION NO. 297-17
Whereas, legislation was passed during AUTHORIZING CLG GRANT APPLICATION
the 2009 lowa General Assembly session to TO STATE HISTORIC PRESERVATION OF-
create the Clean Water State Revolving Fund FICE FOR SCHOLARSHIPS FOR HISTORIC
Sponsorship Project program, which is de- PRESERVATION COMMISSIONERS TO AT-
signed to provide communities with the ability TEND NATIONAL PRESERVATION CON-
to fund two water projects for the cost of one; FERENCE
and Whereas, the State Historic Preservation
Whereas, the City of Dubuque submitted Office has allocated Certified Local Govern-
an Intended Use Plan to the Clean Water ment (CLG) grant funds for projects that help
State Revolving Fund in the amount of identify and evaluate historic structures, create
$3,200,000 for the Kerper Boulevard Sanitary historic preservation plans, educate the public,
Sewer Reconstruction that was approved by and provide scholarships for commissioners to
the Department of Natural Resources and the attend national preservation conferences; and
lowa Finance Authority, which qualifies the Whereas, the City of Dubuque has adopted
City to apply for the Clean Water SRF Spon- the 2012 Comprehensive Plan that includes
sorship Project program; and goals for educating the community about the
Whereas, the Eagle Point Park Environ- benefits of historic preservation.
mental Restoration Project will include the NOW THEREFORE, BE IT RESOLVED
construction of $320,000 in improvements to BY THE CITY COUNCIL OF THE CITY OF
help improve water quality and reduce runoff in DUBUQUE, IOWA:
the watershed; and Sedion 1. The Mayor hereby is authorized
Whereas, the City of Dubuque has pre- to submit the FY 2018 CLG Grant application
pared an application seeking $320,000 for the to the State Historic Preservation Office for
Eagle Point Park Environmental Restoration scholarships for Historic Preservation Com-
Project through the Clean Water State Revolv- missioners to attend the 2018 National Alli-
Book 147 Regular Session, August 21, 2017 371
ance of Preservation Commissions (NAPC) proval to submit the 2017 Justice Assistance
biennial FORUM in the amount of$3,000. Grant (JAG) application. Upon motion the doc-
Section 2. The Planning Services Manager uments were received, filed and approved.
hereby authorized to serve as project manager
in accordance with state requirements. 23. Fiscal Year 2017 Smart Traffic Routing
Passed, approved and adopted this 21�� with Efficient and Effective Traffic Signals
day of August, 2017. (STREETS) Improvements Funding: City
Roy D. Buol, Mayor Manager recommending approval of a resolu-
Attest: Kevin S. Firnstahl, City Clerk tion authorizing the City of Dubuque to submit
an application in partnership with the lowa
21. Resource Enhancement and Protection Department of Transportation and the Dubu-
(REAP) Grant for Valentine Park Expansion — que Metropolitan Area Transportation Study,
Notice of Use Restrictions: City Manager rec- for a Federal Highway Administration Acceler-
ommending approval of a resolution agreeing ated Innovation Deployment (AID) demonstra-
to the terms of the Notice of Use Restrictions tion application to assist with funding Smart
from the lowa Department of Natural Re- Traffic Routing with Efficient and Effective
sources for the Valentine Park Expansion — Traffic Signals (STREETS) improvements.
Roepsch Property. Upon motion the docu- Upon motion the documents were received
ments were received and filed and Resolution and filed and Resolution No. 299-17 Authoriz-
No. 298-17 Approving the Notice of Use Re- ing the filing of Accelerated Innovation De-
strictions related to REAP Grant Agreement ployment(AID) Demonstration Application with
#17-R4-ED for Valentine Park 6cpansion - Federal Highway Administration (FHWA) in
Roepsch Property was adopted. partnership with lowa Department of Transpor-
tation (IADOT) and Dubuque Metropolitan Ar-
RESOLUTION NO. 298-17 ea Transportation Study (DMATS) to assist
APPROVING THE NOTICE OF USE RE- with the funding of Smart Traffic Routing with
STRICTIONS RELATED TO REAP GRANT Efficient and Effective Traffic Signals
AGREEMENT # 17-R4-ED FOR VALENTINE (STREETS) Improvements was adopted.
PARK EXPANSION — ROEPSCH PROPER-
TY RESOLUTION NO. 299-17
Whereas, the lowa Department of Natural AUTHORIZING THE FILING OF ACCELER-
Resources (IDNR) provided the City of Dubu- ATED INNOVATION DEPLOYMENT (AID)
que with a Resource Enhancement and Pro- DEMONSTRATION APPLICATION WITH
tection (REAP) grant of$140,790.00 for acqui- FEDERAL HIGHWAY ADMINISTRATION
sition of Valentine Park Expansion — Roepsch (FHWA) IN PARTNERSHIP WITH IOWA DE-
Property; and PARTMENT OF TRANSPORTATION
Whereas, the City of Dubuque agreed to (IADOT) AND DUBUQUE METROPOLITAN
abide by all local, state and federal require- AREA TRANSPORTATION STUDY (DMATS)
ments applicable to REAP Grant Agreement# TO ASSIST WITH THE FUNDING OF SMART
17-R4-ED for said projed; and TRAFFIC ROUTING WITH EFFICIENT AND
Whereas, said REAP grant agreement re- EFFECTIVE TRAFFIC SIGNALS (STREETS)
quires that the City of Dubuque maintain said IMPROVEMENTS
projed for its designated public use in perpetu- Whereas, the STREETS project is de-
ity. signed to improve traffic conditions throughout
NOW THEREFORE, BE IT RESOLVED the Dubuque metro area by distributing traffic
BY THE CITY COUNCIL OF THE CITY OF more evenly on the region's major corridors.
DUBUQUE, IOWA: The STREETS project will modify the signal
Section 1. The City Council hereby agrees timings through a seamless interface between
to the terms of the Notice of Use Restrictions a signal timing model and signals used in the
provided by the IDNR regarding REAP Grant field; and
Agreement# 17-R4-ED for the Valentine Park Whereas, the City has determined that
Expansion — Roepsch Property legally de- STREETS project will reduce congestion,
scribed as Lot 1 of Roepsch Place No. 2, in shorten travel times, and improve safety in the
the City of Dubuque, Dubuque County, lowa. metro area. By rerouting traffic on the roads
Section 2. The City Clerk hereby is author- with extra capacities dynamically, it is ex-
ized to record said Notice of Use Restrictions pected that the proposed system will reduce
with the Dubuque County Recorder. traffic bottlenecks as recommended by the
Passed, approved and adopted this 21�� adopted East-West Corridor Study; and
day of August, 2017. Whereas, the City in partnership with
Roy D. Buol, Mayor IADOT and DMATS is requesting FHWA AID
Attest: Kevin S. Firnstahl, City Clerk funding in the amount of $998,000 in Federal
22. 2017 Justice Assistance Grant (JAG) Fiscal Year (FFI� 2017 to assist with project
Application: City Manager recommending ap- implementation; and
Book 147 Regular Session, August 21, 2017 372
Whereas, the City has sufficient funds the adopted East-West Corridor Study; and
available to cover the local funding in the Whereas, the City of Dubuque is seeking
amount of$249,500. the necessary funding for project implementa-
NOW THEREFORE, BE IT RESOLVED tion, and upon completion, in cooperation with
BY THE CITY COUNCIL OF THE CITY OF the lowa Department of Transportation, be
DUBUQUE, IOWA, THAT: responsible for adequate maintaining and op-
Sedion 1. The City hereby supports and erating the project for public use during the
authorizes the grant application submittal for projecYs useful life.
funding through the FHWA FFY 2017 FHWA NOW THEREFORE, BE IT RESOLVED
AID Program to assist with the funding BY THE CITY COUNCIL OF THE CITY OF
STREETS project implementation in Dubuque DUBUQUE, IOWA, THAT:
Metro area as part of the East-West Corridor Sedion 1. The City files this grant applica-
Improvements. tion for funds through the Traffic Safety Im-
Passed, approved and adopted this 21�� provement Program to assist with the funding
day of August, 2017. STREETS project implementation in Dubuque
Roy D. Buol, Mayor Metro area as part of the East-West Corridor
Attest: Kevin S. Firnstahl, City Clerk Improvements.
Passed, approved and adopted this 21��
24. Fiscal Year 2019 Smart Traffic Routing day of August, 2017.
with Efficient and Effective Traffic Signals Roy D. Buol, Mayor
(STREETS) Improvements: City Manager rec- Attest: Kevin S. Firnstahl, City Clerk
ommending adoption of a resolution authoriz-
ing the City of Dubuque to submit an applica- 25. Hawkeye Area Community Action Pro-
tion for an lowa Department of Transportation gram/Continuum of Care Certification of Con-
Traffic Safety Improvement Program (TSIP) sistency: City Manager recommending ap-
grant application to assist with funding Smart proval to provide Certification of Consistency
Traffic Routing with Efficient and Effective with the Fiscal Year 2016-2020 Consolidated
Traffic Signals (STREETS) Improvements. Plan for Hawkeye Area Community Action
Upon motion the documents were received Program so they may submit application for
and filed and Resolution No. 300-17 Authoriz- Continuum of Care Funds. Upon motion the
ing the filing of a grant application with the documents were received, filed and approved.
lowa Department of Transportation for Traffic
Safety Improvement Program funding for the 26. Continuum of Care "SNAP" Program
City of Dubuque to assist with the funding of Renewal Application: City Manager recom-
Smart Traffic Routing with Efficient and Effec- mending approval of a one year renewal appli-
tive Traffic Signals (STREETS) Improvements cation to the U.S. Department of Housing and
was adopted. Urban Development for the administration of
the Continuum of Care Special Needs Assis-
RESOLUTION NO. 300-17 tance Program (SNAP), which provides rental
AUTHORIZING THE FILING OF A GRANT assistance to homeless persons with disabili-
APPLICATION WITH THE IOWA DEPART- ties. Upon motion the documents were re-
MENT OF TRANSPORTATION FOR TRAF- ceived and filed and Resolution No. 301-17
FIC SAFETY IMPROVEMENT PROGRAM Authorizing the Mayor to execute an applica-
FUNDING FOR THE CITY OF DUBUQUE TO tion for the Continuum of Care Grant and au-
ASSIST WITH THE FUNDING OF SMART thorizing the Director of Housing and Commu-
TRAFFIC ROUTING WITH EFFICIENT AND nity Development and the City Manager to
EFFECTIVE TRAFFIC SIGNALS (STREETS) approve the application was adopted.
IMPROVEMENTS
Whereas, the STREETS projed is de- RESOLUTION NO. 301-17
signed to improve traffic conditions throughout AUTHORIZING THE MAYOR TO EXECUTE
the Dubuque metro area by distributing traffic AN APPLICATION FOR THE CONTINUUM
more evenly on the region's major corridors. OF CARE GRANT AND AUTHORIZING THE
The STREETS project will modify the signal DIRECTOR OF HOUSING AND COMMUNITY
timings through a seamless interface between DEVELOPMENT AND THE CITY MANAGER
a signal timing model and signals used in the TO APPROVE THE APPLICATION
field; and Whereas, the U.S. Department of Housing
Whereas, the City of Dubuque has deter- and Urban Development has published the
mined that STREETS project will reduce con- availability of the Continuum of Care grant for
gestion, shorten travel times, and improve the Collaborative Applicants including the lowa
safety in the metro area. By rerouting traffic on Balance of the Continuum of Care; and
the roads with extra capacities dynamically, it Whereas, the U.S. Department of Housing
is expected that the proposed system will re- and Urban Development will publish the avail-
duce traffic bottlenecks as recommended by ability of the Continuum of Care grant for the
Book 147 Regular Session, August 21, 2017 373
Projed Applicants including the City of Dubu- Sedion 2. The Finance Diredor is hereby
que Phoenix Housing Project; and directed to pay to the Contractor from the
Whereas, the City of Dubuque has admin- Trails/Complete Streets appropriations for the
istered the Continuum of Care grant since contract amount of $51,758.46, less any re-
2007; and tained percentage provided for therein as pro-
Whereas, the City of Dubuque proposes to vided in lowa Code chapter 573, and to pay
continue administering the Continuum of Care such retainage only in accordance with the
grant to assist homeless, disabled persons provisions of lowa Code chapter 573.
with permanent supportive housing. Passed, approved and adopted this 21��
NOW, THEREFORE, BE IT RESOLVED day of August, 2017.
BY THE CITY COUNCIL OF THE CITY OF Roy D. Buol, Mayor
DUBUQUE IOWA: Attest: Kevin S. Firnstahl, City Clerk
Sedion 1: That the Mayor is hereby au-
thorized and directed to submit an application CITY ENGINEER'S CERTIFICATE OF FINAL
to HUD for the Continuum of Care program COMPLETION OF THE HERITAGE TRAIL
grant; and HEAD PARKING LOT PROJECT
Sedion 2: That the Diredor of Housing and The undersigned City Engineer of the City
Community Development and the City Manag- of Dubuque, lowa, hereby certifies that he has
er are hereby authorized to approve the appli- inspected the Heritage Trail Head Parking Lot
cation that is submitted to HUD. Project, that the Project has been performed in
Section 3: That the City Manager is hereby compliance with the terms of the Public Im-
authorized and directed to forward said appli- provement Contract, and that the total cost of
cation and resulting standard executed con- the completed work is$62,110.15
tract to the respective agency in a timely fash- Dated this 15t°day of August, 2017.
ion and as required by U. S. Department of /s/Gus Psihoyos, City Engineer
Housing and Urban Development. Filed in the office of the City Clerk on the 15�n
Passed, approved and adopted this 21�� day of August, 2017.
day of August 2017. /s/Kevin S. Firnstahl, City Clerk
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk 28. Twenty-Fifth Amendment to City Man-
ager Employment Agreement: Submittal of the
27. Heritage Trail Head Parking Lot Im- Twenty-Fifth Amendment to City Manager
provements Acceptance: City Manager rec- Employment Agreement. Upon motion the
ommending acceptance of the public im- documents were received, filed and approved.
provement construction contract for the Herit-
age Trail Head Parking Lot Project, as com- 29. Establishing the Compensation of the
pleted by Temperley Excavating, Inc. Upon City Attorney: Council Member Del Toro ex-
motion the documents were received and filed pressed his concerns over not realizing the
and Resolution No. 302-17 Accepting the Her- payroll savings as indicated in the recent office
itage Trail Head Parking Lot Project and au- restructuring. He believed this to be an over-
thorizing the payment of the contract amount correction of a salary disparity issue that
to the contractor was adopted. needed to be addressed and is not a criticism
of the job being done in the City Attorney's
RESOLUTION NO. 302-17 Office. Motion by Lynch to receive and file the
ACCEPTING THE HERITAGE TRAIL HEAD documents and adopt Resolution No. 303-17
PARKING LOT PROJECT AND AUTHORIZ- Establishing the compensation of the City At-
ING THE PAYMENT OF THE CONTRACT torney. Seconded by Jones. Motion carried 6-1
AMOUNT TO THE CONTRACTOR with Del Toro voting nay.
Whereas, the Public Improvement Contract
for the Heritage Trail Head Parking Lot Project RESOLUTION NO. 303-17
(the Project) has been completed and the City ESTABLISHING THE COMPENSATION OF
Engineer has examined the work and filed a THE CITY ATTORNEY
certificate stating that the Projed has been Whereas, the City Council appoints the
completed according to the terms of the Public City Attorney; and
Improvement Contract and that the City Engi- Whereas, the City Council from time to
neer recommends that the Project be accept- time establishes the compensation of the City
ed; and Attorney.
NOW THEREFORE, BE IT RESOLVED NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: DUBUQUE, IOWA:
Section 1. The recommendation of the City Section 1. The annual base salary of the
Engineer is approved and the Projed is hereby City Attorney is hereby established, effedive
accepted. September 1, 2017, at$165,000.
Book 147 Regular Session, August 21, 2017 374
Section 2. The annual base salary of the such applicants were inspected and found to
City Attorney shall also be adjusted July 1 st of comply with the Ordinances of the City and the
each succeeding year, by the same percent- applicants have filed the proper fees and
age as for all other non-bargaining unit em- bonds and otherwise complied with the re-
ployees. quirements of the Code of Ordinances.
Sedion 3. The City Attorney shall be enti- NOW, THEREFORE, BE IT RESOLVED
tled to all of the benefits provided to full time BY THE CITY COUNCIL OF THE CITY OF
non-bargaining unit employees. DUBUQUE, IOWA:
Sedion 4. The City Attorney shall be enti- Sedion 1. The City Clerk is hereby author-
tled to a car allowance equal to 75% of the car ized and direded to cause to be issued the
allowance provided to the City Manager. noted permit types to the following applicants
Passed, approved and adopted this 21�� pending submission of the locally required
day of August, 2017. documentation:
Roy D. Buol, Mayor Renewals
Attest: Kevin S. Firnstahl, City Clerk Kwik Stop Food Mart, 2255 Kerper Blvd.,
Class C Beer, Class B Native Wine(Sunday)
30. Improvement Contracts/ Performance, Mystique Community Ice Center, 1800 Admiral
Payment and Maintenance Bonds: Midwest Sheehey Dr., Class C Liquor, Class B Native
Concrete, Inc. for 2017 Asphalt Overlay Ramp Wine (Outdoor) (Sunday)
Projed Three; Portzen Construdion, Inc. for N. Holy Spirit Church, Dubuque, 2981 Central
Grandview Avenue/Loras Boulevard. Intersec- Ave., Class C Beer, Class B Native Wine
tion Improvements Project. Upon motion the (Sunday)
documents were received, filed and approved. Los Aztecas Mexican Restaurant., 2700
Dodge St., Class C Liquor(Sunday)
31. Signed Contracts: CDB Utility Contrac- National Mississippi River Museum & Aquari-
tors Short Form Public Improvement Contracts um, 350 & 400 East 3rd St., Class C Liquor,
for Windsor Avenue and 22nd Street and the Class B Native Wine (Catering) (Outdoor)
Windsor Avenue and Rhomberg Avenue Inter- (Sunday)
sections Signalization Projects. Upon motion New
the documents were received and filed. Steeple Square, 105 East 15t° St., Class C
Liquor(Sunday)
32. Business License Refund: Request by Special Events
Brian Konrady for a refund of the liquor license Camp Albrecht Acres, 9-16-17, AY McDonald
LC0040660 for Fife's, Dubuque located at Park Volunteer Dr., Special Class C Liquor
1113 Main Street in the amount of $422.50 (Outdoor)
due to business being sold. Upon motion the Dubuque Jaycees, 10-7-17, 890 lowa St.,
documents were received, filed and approved. Class B Beer(Outdoor)
Passed, approved and adopted this 21��
33. Alcohol License Renewals: City Man- day of August, 2017.
ager recommending approval of annual beer, Roy D. Buol, Mayor
liquor and wine licenses as submitted. Upon Attest: Kevin S. Firnstahl, City Clerk
motion the documents were received and filed
and Resolution No. 304-17 Approving applica- ITEMS SET FOR PUBLIC HEARING
tions for beer, liquor, and/or wine permits, as
required by City of Dubuque Code of Ordi- Motion by Lynch to receive and file the
nances Title 4 Business and License Regula- documents, adopt the resolutions, set the pub-
tions, Chapter 2 Liquor Control, Article B Liq- lic hearings as indicated, and dired the City
uor, Beer and Wine Licenses and Permits was Clerk to publish notice as prescribed by law.
adopted. Seconded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 304-17 1. Fiscal Year 2018 First Budget Amend-
APPROVING APPLICATIONS FOR BEER, ment: City Manager recommending that the
LIQUOR, AND/OR WINE PERMITS, AS RE- first Fiscal Year 2018 Budget Amendment be
QUIRED BY CITY OF DUBUQUE CODE OF set for public hearing for September 5, 2017.
ORDINANCES TITLE 4 BUSINESS AND LI- Upon motion the documents were received
CENSE REGULATIONS, CHAPTER 2 LIQ- and filed and Resolution No. 305-17 Setting
UOR CONTROL, ARTICLE B LIQUOR, the date for the public hearing on Amendment
BEER AND WINE LICENSES AND PERMITS No. 1 to the Fiscal Year 2018 Budget for the
Whereas, applications for Beer, Liquor, City of Dubuque was adopted setting a public
and or Wine Permits have been submitted and hearing for a meeting to commence at 6:00
filed with the City Council for approval and the p.m. on September 5, 2017 in the Historic
same have been examined and approved; and Federal Building.
Whereas, the premises to be occupied by
Book 147 Regular Session, August 21, 2017 375
RESOLUTION NO. 305-17 Street, and between Lots 11-19, inclusive, and
SETTING THE DATE FOR THE PUBLIC Lots 3134, inclusive, all in Sanford Subdivi-
HEARING ON AMENDMENT NO. 1 TO THE sion, in the City of Dubuque, lowa and as-
FISCAL YEAR 2018 BUDGET FOR THE signed a lot number thereto, which hereinafter
CITY OF DUBUQUE shall be known and described as Lot 34-A of
Whereas, lowa Code Sedion 384.16 pro- Sanford Subdivision, in the City of Dubuque,
vides that the City Council shall set a time and lowa.
place for a public hearing on amendments to NOW THEREFORE, BE IT RESOLVED
the budget and publish notice before the hear- BY THE CITY COUNCIL OF THE CITY OF
ing as provided in lowa Code Section 362.3. DUBUQUE, IOWA:
NOW THEREFORE, BE IT RESOLVED Sedion 1. That the City of Dubuque in-
BY THE CITY COUNCIL OF THE CITY OF tends to vacate Lot 34-A of Sanford Subdivi-
DUBUQUE, IOWA: sion in the City of Dubuque, lowa per a Pur-
Section 1. That the City Council shall con- chase and Sale Agreement (and Amendments
duct a public hearing on proposed Amendment 1, 2, and 3) between the City of Dubuque, lo-
No. 1 to the Fiscal Year 2018 budget for the wa and Marquette Hall, LLC.
City of Dubuque at the City Council Chambers Section 2. That a public hearing on the in-
at the Historic Federal Building, 350 West 6t° tent to vacate Lot 34-A of Sanford Subdivision
Street, Dubuque, lowa, on Tuesday, Septem- in the City of Dubuque, lowa is hereby set for
ber 5, 2017, beginning at 6:00 p.m. the 5t° day of September, 2017, at the Historic
Sedion 2. That the City Clerk be and is Federal Building, 350 W. 6t° Street, Dubuque,
hereby authorized and directed to publish no- lowa, beginning at 6:00 p.m., and the City
tice of the public hearing, according to law, Clerk be and is hereby authorized and directed
together with the required budget information. to cause a notice of public hearing on the in-
Passed, approved and adopted this 21�� tent to vacate said real estate to be published
day of August 2017. in the manner as prescribed by law.
Roy D. Buol, Mayor Passed, approved and adopted this 21��
Attest: Kevin S. Firnstahl, City Clerk day of August, 2017.
Roy D. Buol, Mayor
2. Marquette Hall, LLC Vacating Petition Attest: Kevin S. Firnstahl, City Clerk
for Alley Between Regent and Queen Streets:
City Manager recommending that a public BOARDS/COMMISSIONS
hearing be set for September 5, 2017 to con-
sider a request from Marquette Hall, LLC to Applicants were invited to address the City
vacate a 20-foot wide alley between Regent Council regarding their appointment to the
Street and Queen Street to facilitate develop- following Boards/Commissions.
ment of the former Sacred Heart School prop-
erty at 2222 Queen Street. Upon motion the 1. Airport Commission: Twn, 4-year terms
documents were received and filed and Reso- through September 14, 2021 (6cpiring terms
lution No. 306-17 Resolution of Intent to va- of Brotherton and Even). Applicants: Doug
cate the alley between Regent Street and Brotherton, 2823 Hickory Hill; Chris Even, 120
Queen Street in Sanford Subdivision, to be S. Grandview Ave.; Scott Leibfried, 3211 Hon-
knows as Lot 34A of Sanford Subdivision, in eysuckle Ln.; Yahaira Lugo, 1671 Avoca St.
the City of Dubuque, lowa was adopted setting Mr. Leibfried spoke in support of his appoint-
a public hearing for a meeting to commence at ment and provided a brief biography.
6:00 p.m. on September 5, 2017 in the Historic
Federal Building. 2. Electrical Code Board: One, 3-year term
through May 21, 2020 (6cpired term of Pfohl).
RESOLUTION NO. 306-17 Applicant: Kevin Pfohl, 1878 Hummingbird Dr.
RESOLUTION OF INTENT TO VACATE THE (Qualifies with Electrical Background)
ALLEY BETWEEN REGENT STREET AND
QUEEN STREET IN SANFORD SUBDIVI-
SION, TO BE KNOWN AS LOT 34-A OF
SANFORD SUBDIVISION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Marquette Hall, LLC has re-
quested the vacating of the alley between Re-
gent Street and Queen Street in Sanford Sub-
division; and
Whereas, Buesing & Associates, Inc. has
prepared and submitted to the City Council a
plat showing the proposed vacated 20-foot
wide alley between Regent Street and Queen
Book 147 Regular Session, August 21, 2017 376
Appointments were made to the following tional action for the authorization for a Loan
boards/commissions. and Disbursement Agreement and the issu-
ance of not-to-exceed $475,000 Water Reve-
3. Arts and Cultural Affairs Advisory Com- nue Capital Loan Notes. Seconded by Con-
mission: One, 3-year term through June 30, nors. Motion carried 7-0.
2019 (Vacant term of Bratcher — Arts Rep).
Applicants: Ali Levasseur, 1318 Jackson St. RESOLUTION NO. 307-17
(Qualifies as Art Rep); Amy Ressler, 1505 RESOLUTION INSTITUTING PROCEEDINGS
Fairview PI. (Qualifies as Art Rep). Additional TO TAKE ADDITIONAL ACTION FOR THE
Applicant: Bibi Burke, 1155 Arrowhead Dr. — AUTHORIZATION OF A LOAN AND DIS-
(Qualifies as Art Rep). Upon roll-call vote of BURSEMENT AGREEMENT AND THE IS-
Levasseur = Connors, Buol, Jones, Resnick; SUANCE OF NOT TO EXCEED $475,000
Ressler: -0-; Burke = Lynch, Del Toro, Rios; WATER REVENUE CAPITAL LOAN NOTES
Ms. Levasseur was appointed to a 3-year term Whereas, pursuant to notice published as
through June 30, 2019 in the Arts Representa- required by law, this City Council has held a
tive category. public meeting and hearing upon the proposal
to institute proceedings for the authorization of
4. Building Code and Advisory Appeals a Loan and Disbursement Agreement by and
Board: One, 3-year term through August 1, between the City and the lowa Finance Au-
2020 (Expiring term of SWift). Applicant: thority, and the issuance to the lowa Finance
Thomas Swift, 1875 Admiral St. (Qualifies for Authority of not to exceed $475,000 Water
Commercial Contractor). Motion by Lynch to Revenue Capital Loan Notes to evidence the
appoint Mr. Swift to a 3-year term through Au- obligations of the City under said Loan and
gust 1, 2020 in the Commercial Contractor Disbursement Agreement, for the purpose of
category. Seconded by Connors. Motion car- paying costs of acquisition, construction, re-
ried 7-0. construction, extending, remodeling, improv-
ing, repairing and equipping all or part of the
5. Historic Preservation Commission: One, Municipal Water System, including for the
3-year term through July 1, 2018 (Vacant term Roosevelt Water Tower, and has considered
of Terry). Applicant: Stefanie-Candace Je- the extent of objections received from resi-
naman, 250 West 6th St. (Qualifies for At- dents or property owners as to said proposal,
Large). Motion by Jones to appoint Ms. Je- and accordingly the following action is now
naman to the remainder of a 3-year term considered to be in the best interests of the
through July 1, 2018 in the at-large category. Cityand residentsthereof:
Seconded by Lynch. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED
BY THE City Council OF THE City of Dubu-
6. Housing Board of Appeals: One, 3-year que, IOWA:
term through January 11, 2018 (Vacant term of Section 1. That this City Council does
Schaub). Applicant: Christoffer Lammer- hereby institute proceedings and takes addi-
Heindel, 1145 Mt. Pleasant St. Motion by tional adion for the authorization of a Loan
Lynch to appoint Mr. Lammer-Heindel to the and Disbursement Agreement by and between
remainder of a 3-year term through January the City and the lowa Finance Authority, and
2018. the issuance to the lowa Finance Authority in
the manner required by law of not to exceed
PUBLIC HEARINGS $475,000 Water Revenue Capital Loan Notes
fortheforegoing purpose.
1. Bee Branch Healthy Homes, Community Section 2. That the Clerk, with the assis-
Development Block Grant-National Disaster tance of bond counsel, is hereby authorized
Recovery (CDBG-NDR) Housing Projects Bid and directed to proceed with the preparation of
Set#1. This item was removed from the agen- such documents and proceedings as shall be
da at the request of the City Manager. necessary to authorize the City's participation
in the DWSRF Loan Program, to select a suit-
2. State Revolving Fund (SRF) Loan Notes able date for final City Council authorization of
for Roosevelt Water Tower Planning and De- the required Loan and Disbursement Agree-
sign Project: Proof of publication on notice of inent and issuance of the Note to evidence the
public hearing to consider approval of sug- City's obligations thereunder, and to take such
gested proceedings for the public hearing on other actions as the Clerk shall deem neces-
the issuance of a not-to-exceed $475,000 sary to permit the completion of a loan on a
State Revolving Fund (SRF) Planning & De- basis favorable to the City and acceptable to
sign Loan and the City Manager recommend- this Council.
ing approval. Motion by Lynch to receive and
file the documents and adopt Resolution No.
307-17 Instituting Proceedings to take addi-
Book 147 Regular Session, August 21, 2017 377
Passed and approved this 21�� day of Au- B. State certification has been granted or
gust, 2017. applied for and is awaiting the outcome of
Roy D. Buol, Mayor the state's decision; and
Attest: Kevin S. Firnstahl, City Clerk C. Signage shall be limited to two (2)
non-illuminated freestanding signs not to ex-
3. Code of Ordinances Text Amendment - ceed 32 square feet in area and 10 feet in
Title 16 Unified Development Code -Allowable height.
signage for Adult Day Care Services and Li- Licensed childcare center. A licensed
censed Child Care Facilities in Residential childcare center may be allowed in the R-1, R-
Districts: Proof of publication on notice of pub- 2, R-2A, R3, R-4, OR, OS, OC, C-1, C-2, C-
lic hearing to consider a request from the Cozy 2A, C-3, C-4, C-5, CS, CR, LI, HI, MHI, and
Corner Adult Day Care to amend Title 16 Uni- RROD districts in accordance with the follow-
fied Development Code Section 8 to establish ing conditions:
allowable signage for Adult Day Care Services A. Such facility shall supply loading and
and licensed child care facilities in Residential unloading spaces so as not to obstrud
Districts and the Zoning Advisory Commission public streets or create traffic or safety
recommending approval. Motion by Lynch to hazards;
receive and file the documents and that the B. All licenses have been issued or have
requirement that a proposed ordinance be been applied for and are awaiting the out-
considered and voted on for passage at hnro come of the state's decision; and
Council meetings prior to the meeting at which C. Signage shall be limited to two (2)
it is to be passed be suspended. Seconded by non-illuminated freestanding signs not to
Jones. Planning Services Manager Laura Car- exceed 32 square feet in area and 10 feet
stens provided a staff report. Applicant Mariko in height.
Wilbricht spoke in support of the amendment. Section 2. The foregoing amendment has
Ms. Carstens responded to questions from the heretofore been reviewed by the Zoning Advi-
City Council concerning community outreach sory Commission of the City of Dubuque, lo-
and neighborhood impact. Motion carried 7-0. wa.
Motion by Lynch for final consideration and Sedion 3. This ordinance shall take effed
passage of Ordinance No. 38-17 Amending immediately upon publication, as provided by
Title 16 of the City of Dubuque Unified Devel- law.
opment Code, by amending 16-8-5.10 to per- Passed, approved and adopted this 21��
mit freestanding signs for licensed adult day day of August, 2017.
care services and licensed child care centers. /s/Roy D. Buol, Mayor
Seconded by Jones. Motion carried 6-0 with Attest: /s/Kevin S. Firnstahl, City Clerk
Rios abstaining for conflict of interest with Published officially in the Telegraph Herald
owning a day care facility. newspaper on the 25t°day of August, 2017.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 38-17 ACTION ITEMS
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI- 1. Agreement with Timber Ridge Estates,
FIED DEVELOPMENT CODE, BY AMEND- LLC: City Manager recommending approval of
ING 16-8-5.10 TO PERMIT FREESTANDING an agreement with Timber Ridge Estates, LLC
SIGNS FOR LICENSED ADULT DAY SER- for the development of residential housing
VICES AND LICENSED CHILD CARE CEN- within the Derby Grange Road Housing Urban
TERS Renewal Area. Motion by Lynch to receive and
NOW, THEREFORE, BE IT ORDAINED file the documents and adopt Resolution No.
BY THE CITY COUNCIL OF THE CITY OF 308-17 Approving an Agreement between the
DUBUQUE, IOWA: City of Dubuque, lowa and Timber Ridge Es-
Section 1. That Title 16 of the City of tates, LLC for the development of property in
Dubuque Code of Ordinances, Unified Devel- the Derby Grange Road Housing Urban Re-
opment Code Article 16-8-5.10 is hereby newal Area Economic Development District.
amended as follows: Seconded by Connors. Motion carried 7-0.
Licensed adult day services. A licensed
adult day services facility may be allowed in RESOLUTION NO. 308-17
the R-1, R-2, R-2A, R-3, R-4, OR, OS, OC, C- APPROVING AN AGREEMENT BETWEEN
1, C-2, C-2A, C-3, C-4, C-5, CS, CR, LI, HI, THE CITY OF DUBUQUE, IOWA AND TIM-
MHI and RROD districts in accordance with BER RIDGE ESTATES, LLC FOR THE DE-
the following conditions: VELOPMENT OF PROPERTY IN THE DER-
A. Such facility shall supply loading and BY GRANGE ROAD HOUSING URBAN RE-
unloading spaces so as not to obstruct public NEWAL AREA ECONOMIC DEVELOPMENT
streets or create traffic or safety hazards; DISTRICT
Book 147 Regular Session, August 21, 2017 378
Whereas, the City Council, following the sage at two Council meetings prior to the
public hearing, by Resolution No. 133-17, ap- meeting at which it is to be passed be sus-
proved the Derby Grange Road Housing Ur- pended. Seconded by Connors. Motion carried
ban Renewal Area; and 7-0.
Whereas, Timber Ridge Estates, LLC is Motion by Lynch for final consideration and
the owner of property in the Derby Grange passage of Ordinance No. 39-17 Amending
Road Housing Urban Renewal Area (the City of Dubuque Code of Ordinances Title 11
Property); and Rights-of-Way, Chapter 1 Nonfranchised
Whereas, the City Council and Timber Communications Systems. Seconded by Con-
Ridge Estates, LLC desire to enter into the nors. Motion carried 7-0.
Agreement attached hereto for the develop-
ment of the Property; and OFFICIAL PUBLICATION
Whereas, it is the determination of the City ORDINANCE NO. 39-17
Council that approval of the Agreement ac- AMENDING CITY OF DUBUQUE CODE OF
cording to the terms and conditions set out in ORDINANCES TITLE 11 RIGHTS-OF-WAY
the Agreement is in the public interest of the CHAPTER 1 NONFRANCHISED COMMUNI-
City of Dubuque. CATIONS SYSTEMS
NOW, THEREFORE, BE IT RESOLVED Sedion 1. City of Dubuque Code of Ordi-
BY THE CITY COUNCIL OF THE CITY OF nances Title 11 Rights-of-Way, Chapter 1 Non-
DUBUQUE, IOWA: franchised Communications Systems is hereby
Section 1. That the Agreement by and be- amended to read as follows:
tween the City of Dubuque and Timber Ridge Chapter 1
Estates, LLC is hereby approved. NONFRANCHISED COMMUNICATIONS
Sedion 2. That the Mayor is hereby au- SYSTEMS IN THE PUBLIC RIGHT-OF-WAY
thorized and direded to execute the Agree- 11-1-1: DEFINITIONS:
ment on behalf of the City and City Clerk is 11-1-2: LICENSE REQUIRED:
authorized and directed to attest to his signa- 11-13: APPLICATION FOR LICENSE:
ture. 11-1-4: GRANTING OF LICENSE:
Sedion 3. That the City Manager is author- 11-1-5: AMENDMENT TO LICENSE:
ized to take such adions as are necessary to 11-1-6: REGULATIONS:
comply with the terms of the Agreement as 11-1-7: RELOCATION OR REMOVAL
herein approved. WHEN REQUIRED BY PUBLIC NEEDS:
Passed, approved, and adopted this 21�� 11-1-8: MANAGEMENT FEES:
dayofAugust, 2017. 11-1-9: HOLD HARMLESS; INSURANCE;
Roy D. Buol, Mayor BOND:
Attest: Kevin S. Firnstahl, City Clerk 11-1-10: FAILURE TO SECURE, RENEW
OR COMPLY WITH LICENSE:
2. Recommendation to Name the Housing 11-1-11: TRANSFERS AND ASSIGN-
& Community Development Department Con- MENTS:
ference Room After Ann Michalski: This item 11-1-12: UNDERGROUNDING:
was removed from the agenda at the request 11-1-13: NOTICE:
of the City Manager and will come back to a 11-1-14: CONSTRUCTION OF CHAPTER:
future agenda. 11-1-15: POLICE REGULATIONS:
11-1-1: DEFINITIONS:
3. 2017 Asphalt Overlay Access Ramp Unless otherwise expressly stated or the
Project Four Award: City Manager recom- context clearly indicates a different intention,
mending that the award for the 2017 Asphalt the following terms, for the purpose of this
Overlay Access Ramp Project Four to Midwest chapter, have the meanings in this section:
Concrete, Inc., be officially recorded in the COMMUNICATIONS SYSTEM: A facility
minutes of the City Council. Motion by Jones and any related equipment, used for furnishing
to receive and file and make a Matter of Rec- communications services to the public for
ord. Seconded by Resnick. Motion carried 7-0. compensation, not including a franchised cable
television system.
4. Code of Ordinances Amendment - Title MANAGEMENT COSTS: The reasonable
11 Regulations on Nonfranchised Communica- costs the city actually incurs in managing pub-
tions Systems in the Public Right-Of-Way: City lic rights-of-way.
Manager recommending approval of a revision PUBLIC RIGHT-OF-WAY: the area on, be-
to the City of Dubuque Code of Ordinances low, or above a public roadway, highway,
Title 11 Rights-of-Way, Chapter 1 Nonfran- street, bridge, cartway, bicycle lane, or public
chised Communications System. Motion by sidewalk in which the local government has an
Lynch to receive and file the documents and interest, including other dedicated rights-of-
that the requirement that a proposed ordi- way for travel purposes and utility easements.
nance be considered and voted on for pas- A public right-of-way does not include the air-
Book 147 Regular Session, August 21, 2017 379
waves above a public right-of-way with regard tice must include relevant new information of
to cellular or other nonwire telecommunica- the type required in connection with the initial
tions or broadcasts service or utility poles application for a license. If the city engineer
owned by the city. determines that the expansion or relocation is
11-1-2: LICENSE REQUIRED: a material change in the communications sys-
A. Requirement: No person may install, tem, the city engineer must notify the licensee
construct, reconstruct, repair or operate a in writing within ten days after receipt of such
communications system upon, under, over notice from the licensee that the notice will be
or within any public right-of-way in the city considered and granted by the city manager in
unless and until a written license is ob- the same manner as an original license appli-
tained pursuant to this chapter. All such li- cation.
censes are nonexclusive. 11-1-6: REGULATIONS:
B. Exemption: A communications sys- A. Fee and Application: No license re-
tems licensed by the city on the effective quired under this chapter will be granted
date of this ordinance is not subject to the for any communications system until the
licensing requirement of this ordinance un- required fees have been paid, and until a
til such time as the communications sys- complete application has been filed with
tem's license expires but is subject to all of and approved by the city manager.
the provisions of this ordinance. B. Installation of System Pursuant To
11-1-3: APPLICATION FOR LICENSE: License: The communications system must
The application for a license must be on a be installed or constructed in accordance
form provided by the city manager and must with the terms of the license granted by the
include the following information: city manager.
A. The name, address, email address, C. As Built Survey Specifying Location
and telephone number of the applicant. Of System: Once the system is in place,
B. The name, address, email address, the licensee must file with the city manager
and telephone number of a responsible an as built survey specifying the actual lo-
person whom the city may notify or contact cation of the system, including, but not lim-
at any time concerning the communica- ited to, any manholes, overhead poles, or
tions system. other equipment and the licensee must
C. An engineering site plan showing provide such signs or other economically
the proposed location of the communica- feasible means of locating the system as
tions system, including any manholes or may be reasonably required by the city
overhead poles, the size, type and pro- manager, including, in the case of under-
posed depth of any conduit or other enclo- ground systems, a requirement that the li-
sures, and the relationship of the commu- censee contract with a one call locating
nications system to all existing streets, service or similar locating service for inclu-
sidewalks, poles, utilities and other im- sion of the system by the service.
provements within the public right-of-way. D. Permit to Work in the Public Right-
D. Any additional information which the of-Way: If it becomes necessary to dig into,
city manager may reasonably require. excavate in or in any manner break up any
11-1-4: GRANTING OF LICENSE: public right-of-way in connection with the
The city manager will review each applica- installation, construction, reconstruction,
tion and will grant each license which the city repair, operation, disconnection or removal
manager determines to be in compliance with of the system, the licensee must first obtain
the requirements of this chapter and any other a permit from the city to do so.
applicable legal requirements. In granting a E. Technical Standards: All technical
license, the city manager may require that the standards governing installation, construc-
applicant change the proposed location of the tion, reconstruction, repair, operation, dis-
communications system where necessary to connection and removal of a communica-
avoid interference with other cables, wires, tions system licensed hereunder must be
conduits, pipes, sewers or other facilities in accordance with all applicable federal
placed within the public right-of-way. The dura- communications commission rules and
tion of the license is for a period of ten (10) other federal, state and city laws and regu-
years from the date of the issuance of the li- lations.
cense. F. System Maintained in Good Condi-
11-1-5: AMENDMENT TO LICENSE: tion and Repair: The licensee must main-
In the event that a licensee with a current tain all parts of the system in good condi-
license proposes to expand or relocate any tion, order and repair.
portion of its communications system within G. Responsibilities to Franchised Utili-
public rights-of-way, the licensee must file with ties or Systems: The licensee is responsi-
the city engineer a notice of intent to expand or ble for repairing or reimbursing other li-
relocate its communications system. The no- censed or franchised utilities or communi-
Book 147 Regular Session, August 21, 2017 380
cations systems for any damage to their consideration supporting the issuance of
property caused by the negligence of the such license and the city's permission
licensee, or its agents, employees or con- thereby to occupy and use the public
tractors, in connection with the installation, rights-of-way of the city, the licensee must
construction, reconstruction, repair, opera- pay to the city an annual fee for manage-
tion, disconnection or removal of the licen- ment costs as established by the city man-
see's communications system. ager which is due and payable at the time
H. Location Restriction, Public Use of filing of the initial license application.
Space: No license required under this B. Systems 6cempt from Fee for Man-
chapter will be granted to authorize place- agement Costs: The following communica-
ment of a communications system in any tions systems are exempt from the fee for
space which is required for public use. management costs requirements:
I. Failure to Comply: Failure by the li- 1. Communications systems which
censee to comply with any of the require- pay to the city a franchise fee.
ments of the license or this chapter will 2. Cable television systems
constitute grounds for termination of the li- 3. Communications systems ex-
cense by the city. empt from payment of the fee for man-
11-1-7: RELOCATION OR REMOVAL WHEN agement costs by agreement with the
REQUIRED BY PUBLIC NEEDS: city.
A. Public Improvements: The licensee C. Fee Payments Subject to Audit: The
must, upon thirty (30) days' written notice acceptance of any fee payment by the city
from the city and at no cost to the city, pro- may not be construed as an acknowledg-
tect, support, or temporarily or permanently ment that the amount paid is the correct
disconnect, relocate within the same or amount due, nor may such acceptance of
other public right-of-way, or remove any or payment be construed as a release of any
all of its communications system when re- claim which the city may have for addition-
quired to do so by the city because of al sums due and payable. All fee payments
street or other public excavation, construc- are subject to audit by the city manager
tion, repair, grading or regrading; traffic and assessment or refund if the payment is
conditions; installation of sewers, drains, found to be in error. In the event that such
water pipes, or city owned power or signal audit results in an assessment by, and an
lines; vacation or relocation of public rights- additional payment to, the city, such addi-
of-way; installation or construction of any tional payment will be due and payable
other type of structure by the city or any immediately, together with interest at the
other public agency; or any other type of rate established by the city manager calcu-
improvement which promotes the public lated from the due date for the fee in ques-
health, safety or welfare. tion.
B. Emergency Situation: If, at any time, D. Liability for Taxes: Nothing in this
in case of fire or disaster in the city, it be- chapter may be construed to limit the liabil-
comes necessary in the reasonable judg- ity of the licensee for all applicable federal,
ment of the city manager to cut or secure state and local taxes.
any of the wires, cables, amplifiers, appli- 11-1-9: HOLD HARMLESS; INSURANCE;
ances, or appurtenances thereto of the li- BOND:
censee, such cutting or removing may be It is a term and condition of any license is-
done and any repairs rendered necessary sued pursuant to this chapter that, as part of
thereby must be made by the licensee, at the consideration supporting the issuance of
its sole expense. such license and the city's permission thereby
C. Moving of Buildings: The licensee to occupy and use the public rights-of-way of
must, at the request of any person holding the city, the licensee assumes the following
a building moving permit, temporarily re- obligations:
move, raise, or lower its wires to permit the A. Hold Harmless Agreement: The li-
moving of said building, provided the licen- censee must indemnify, protect, save and
see has been given not less than ten (10) hold harmless and defend the city from and
working days' notice of such move. The against any and all liability, losses and
reasonable cost of such temporary remov- damages to property, or bodily injury or
al, raising, or lowering of wires must be death to any person, including payments
paid by the person requesting the same, made under workers' compensation laws,
and the licensee must have the authority to arising out of or in any way connected with
require such payment in advance. the installation, construction, reconstruc-
11-1-8: FEE FOR MANAGEMENT COSTS: tion, repair, operation, disconnedion or
A. Fees Established; Computation: It is removal of the licensee's licensed commu-
a term and condition of any license issued nications system. The licensee must pay
pursuant to this chapter that, as part of the all reasonable expenses incurred by the
Book 147 Regular Session, August 21, 2017 381
city in defending itself with regard to any of the licensed communications system.
the aforementioned claims, including all out 11-1-10: FAILURE TO SECURE, RENEW OR
of pocket expenses such as attorney fees COMPLY WITH LICENSE:
and the value of any services rendered by A. Failure to Obtain License or Comply
the city legal department or any other offic- with Requirements: Any person who fails to
ers or employees of the city. If any litigation secure the license required under this
on account of any such claims is com- chapter or any licensee who fails to comply
menced against the city, and upon receipt with the requirements of the license or this
by the licensee and written notice of such chapter or with any other applicable legal
litigation from the city, the licensee must requirements must, upon notification of
defend the same at its own cost and ex- such violation by the city manager, imme-
pense. The record of any judgment ren- diately act either to abate the violation or to
dered against the city on account of such cause the licensee's communications sys-
claims is conclusive as against the licen- tem either to be removed or to be discon-
see and entitles the city to recover the full nected and rendered inoperative.
amount thereof with interest and costs and B. City Right to Remove or Disconnect:
attorney fees incurred by the city. The right The city reserves the right either to remove
of action therefor accrues to the city as or to disconned and render inoperative
soon as judgment is rendered. The city any communications system used or main-
must fully cooperate with the licensee's de- tained contrary to the provisions of this
fense of any such claim or action. chapter.
B. Liability Insurance: Immediately up- C. Removal of System from Public
on issuance of the required license, the li- Property: Upon demand of the city, upon
censee must purchase general liability in- termination or revocation, the licensee
surance as is required by the city's stand- must promptly, within ninety (90) days, re-
ard Insurance Schedule A, as such sched- move its system from public property. If the
ule may from time to time be amended. licensee fails to remove all its properties
The licensee must maintain such insurance from public property within the ninety (90)
coverage for as long as the licensed com- day removal period, the city manager may
munications system remains in place within declare all such property of the licensee
public rights-of-way. abandoned, and all such property will be-
C. The licensee's contractors or sub- come the property of the city, and the li-
contractors must provide insurance as re- censee further agrees to execute and de-
quired by city's current insurance schedule liver an instrument in writing transferring its
for right-of-way licensees or permittees. ownership interest in any such property to
D. Bond: the city. In lieu of declaring the property
1. Immediately upon issuance of abandoned, the city may cause the proper-
the required license, the licensee must ty to be removed, and such costs of re-
file with the city manager such bond as moval must be paid by the licensee.
is required by the city manager in con- 11-1-11:TRANSFERS AND ASSIGNMENTS:
formity with such written standards The licensee may not transfer or assign all
relative to the amount of the bond and or any portion of its interest in any license
the qualifications of the surety as may granted pursuant to this chapter without the
be promulgated, and as may be prior written consent of the city. For purposes
amended from time to time, by the city of this section, a merger or corporate reorgani-
manager with the approval of the city zation will not be deemed a transfer or as-
attorney. signment.
2. The purpose for such bond is to 11-1-12: UNDERGROUNDING:
protect the city from any and all dam- The licensee must place all its communica-
ages and costs suffered or incurred by tions system underground when required by
the city from any failure by the licensee the city manager.
to restore all public rights-of-way and 11-1-13: NOTICE:
other public property affected by the in- The city manager must promptly send by
stallation, construction, reconstruction, certified mail with return receipt a written no-
repair, operation or removal of the li- tice advising each licensee or prospective li-
censed communications system to its censee of any of the following: 1) action by the
proper condition in accordance with city city manager in granting or denying an applica-
standards. Such bond must be main- tion for a license; or 2) action required of the
tained by the licensee for as long as licensee by the city and/or notification of failure
the system remains in place within pub-
lic rights-of-way and thereafter until the
licensee has satisfied in full any and all
obligations to the city which arise out of
Book 147 Regular Session, September 5, 2017 382
to secure or comply with a license pursuant to CITY OF DUBUQUE, IOWA
this chapter. CITY COUNCIL PROCEEDINGS
11-1-14: CONSTRUCTION OF CHAPTER:
Nothing in this chapter may be construed REGULAR SESSION
as an acquiescence in, or ratification of, the OFFICIAL
occupation of any of the public rights-of-way or
public places of the city by any person now The Dubuque City Council met in regular
occupying the same without legal right, nor session at 6:00 p.m. on September 5, 2017 in
may this chapter be construed as conferring the Historic Federal Building, 350 W. 6�n
the right to occupy any of the public rights-of- Street.
way or public places of the city upon any such
person now illegally or without authority occu- present: Mayor Buol; Council Members
pying the same Connors, Del Toro, Jones, Lynch, Resnick,
11-1-15: POLICE REGULATIONS: Rios; City Manager Van Milligen, City Attorney
The provisions of this chapter are subject Brumwell
to such reasonable regulations and ordinances
of a police nature as the city council may from Mayor Buol read the call and stated this is
time to time deem necessary to adopt, not a regular session of the City Council called for
destructive of the rights which may accrue to the purpose of conducting such business that
any person under this chapter. may properly come before the City Council.
Sedion 2. All licenses granted pursuant to
Title 11 Rights-of-Way, Chapter 1 Nonfran- pLEDGE OF ALLEGIANCE
chised Communications Systems prior to the
effective date of this Ordinance will thereafter pRESENTATION
be subjed to this Ordinance.
Section 3. If any of the provisions of this 1. Dubuque Area Chamber of Commerce
Ordinance are for any reason declared to be Awards: Dubuque Area Chamber of Com-
illegal or void, the lawful provisions of this Or- merce Senior Vice President Barry Gentry
dinance, which are severable from said unlaw- presented the Friend of the Year Award to
ful provisions, shall be and remain in full force Assistant City Manager Teri Goodmann and
and effect, the same as if the Ordinance con- the Innovator of the Year Award to the Five
tained no illegal or void provisions Flags Center and accepted by HR Cook, Gen-
Sedion 4. This Ordinance shall take effed eral Manager.
upon publication.
Passed, approved and adopted this 21�� pROCLAMATION(S)
day of August, 2017.
/s/Roy D. Buol, Mayor 1. Days of Peace Proclamation (Septem-
Attest: /s/Kevin S. Firnstahl, City Clerk ber 1-30, 2017) was accepted by Day of
Published officially in the Telegraph Herald peace Committee Members R.R.S. Stewart
newspaper on the 25t° day of August, 2017. and Judy Schmitt.
/s/Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment - Title CONSENT ITEMS
1 Mayor and City Council Salary Compensa- Motion by Lynch to receive and file the
tion (Second Reading): City Clerk submitting documents, adoptthe resolutions, and dispose
an amendment to the City of Dubuque Code of of as indicated. Seconded by Connors. Motion
Ordinances Title 1 adjusting City Council carried 7-0.
Member salaries effective January 1, 2018 as
recommended by the Compensation Task 1. Minutes and Reports Submitted: City
Force and approved by City Council on July Council Proceedings of 8/21; Human Rights
17, 2017. Motion by Jones to consider the Commission of 5/8, 6/16; Library Board of
second reading of a proposed ordinance Trustees of 6/22; Proof of Publication for City
amending City of Dubuque Code of Ordinanc- Council Proceedings of 8/7, 8/14. Upon motion
es Title 1 Administration, Chapter 6 Mayor and the documents were received and filed.
City Council, Section 1-6-2 Compensation.
Seconded by Connors. Motion carried 6-1 with 2. Notice of Claims and Suits: Robert &
Del Toro voting nay. Sharon Bradley for property damage, Anthony
Hemmer for property damage, Heather Splin-
There being no further business, upon mo- ter for vehicle damage. Upon motion the doc-
tion the City Council adjourned at 7:48 p.m. uments were received, filed, and referred to
the City Attorney.
/s/Kevin S. Fimstahl, CMC, City Clerk
Book 147 Regular Session, September 5, 2017 383
3. Disposition of Claims: City Attorney ad- Section 1. The City Council of the City of
vising that the following claims have been re- Dubuque, lowa, hereby approves of, accepts
ferred to Public Entity Risk Services of lowa, and consents to the Grant of Easement for
the agent for the lowa Communities Assurance Traffic Signal, Electric, and Fiber Optics Utili-
Pool: Robert and Sharon Bradley for property ties across Part of the Southeasterly 71' of Lot
damage, Michael Elliott for property damage, 36 in Cook's Addition, City of Dubuque, Dubu-
Anthony Hemmer for property damage, que County, lowa from Michael and Sandra
Heather Splinter for vehicle damage. Upon Kapparos, a copy of which is attached hereto.
motion the documents were received, filed, Section 2. The Mayor is hereby authorized
and concurred. and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
4. Imagine Dubuque Comprehensive Plan in connection herewith.
Work Session Rescheduled: City Manager Sedion 3. That the City Clerk be and is
confirming that the Imagine Dubuque Compre- hereby authorized and directed to record a
hensive Plan Work Session previously sched- certified copy of this resolution in the offices of
uled for August 28, 2017, has been resched- the City Assessor, Dubuque County Recorder
uled to September 6, 2017. Upon motion the and Dubuque County Auditor.
documents were received and filed. Passed, approved and adopted this 5t° day
of September, 2017.
5. Bee Branch Watershed Flood Mitigation, Roy D. Buol, Mayor
HUD National Disaster Resilience Competition Attest: Kevin S. Firnstahl, City Clerk
Grant, Infrastructure Contract Amendment:
City Manager recommending authorization to 7. Family Self-Sufficiency Coordinator
execute Contract Amendment No. 1 to the Grant Application: City Manager recommend-
Community Development Block Grant National ing approval to apply for a Family Self-
Disaster Resilience (CDBG-NDR) Program Sufficiency Coordinator Grant from the U.S.
Contract with the lowa Economic Development Department of Housing & Urban Development
Authority in order for the City to utilize CDBG- (HUD). Upon motion the documents were re-
NDR funds for the Bee Branch Watershed ceived and filed and Resolution No. 310-17
Flood Mitigation Projectt. Upon motion the Authorizing the Mayor to execute an applica-
documents were received, filed and approved. tion for the HUD Family Self-Sufficiency Pro-
gram Grant and authorizing the Director of
6. Acceptance of Grant of Easement for Housing and Community Development and the
Rhomberg / Windsor Avenues Signalization City Manager to approve the application was
Improvements: City Manager recommending adopted.
acceptance of a Grant of Easement for Traffic
Signal, Electric, and Fiber Optics Utilities from RESOLUTION NO. 310-17
Michael and Sandra Kapparos across part of AUTHORIZING THE MAYOR TO EXECUTE
Lot 36 in Cook's Addition, in the City of Dubu- AN APPLICATION FOR THE HUD FAMILY
que. Upon motion the documents were re- SELF-SUFFICIENCY PROGRAM GRANT
ceived and filed and Resolution No. 309-17 AND AUTHORIZING THE DIRECTOR OF
Accepting a Grant of Easement for Traffic Sig- HOUSING AND COMMUNITY DEVELOP-
nal, Eledric, and Fiber Optics Utilities across MENT AND THE CITY MANAGER TO AP-
part of the Southeasterly 71' of Lot 36 in PROVE THE APPLICATION
Cook's Addition, City of Dubuque, lowa was Whereas, the U.S. Department of Housing
adopted. and Urban Development has published a No-
tice of Funding Availability (NOFA) for the
RESOLUTION NO. 309-17 Family Self-Sufficiency Program to be utilized
ACCEPTING A GRANT OF EASEMENT FOR for the salaries of program coordinators com-
TRAFFIC SIGNAL, ELECTRIC, AND FIBER bining the funding for the FSS coordinators
OPTICS UTILITIES ACROSS PART OF THE that serve Housing Choice Voucher (HC�
SOUTHEASTERLY 71' OF LOT 36 IN participants and/or Public Housing (PH) partic-
COOK'S ADDITION, CITY OF DUBUQUE, ipants for Calendar Year 2018; and
IOWA Whereas, the City of Dubuque has admin-
Whereas, Michael and Sandra Kapparos istered Project Self-Sufficiency since Septem-
have executed a Grant of Easement for Traffic ber 1987 that became the Family Self-
Signal, Electric, and Fiber Optics Utilities Sufficiency(FSS) Program in July 1994; and
across Part of the southeasterly 71' of Lot 36 Whereas, the City of Dubuque has re-
in Cook's Addition, City of Dubuque, Dubuque ceived funding for an FSS coordinator contin-
County, lowa. uously since 1994; and
NOW THEREFORE, BE IT RESOLVED Whereas, the City of Dubuque proposes to
BY THE CITY COUNCIL OF THE CITY OF continue administering the FSS program.
DUBUQUE, IOWA: NOW, THEREFORE, BE IT RESOLVED
Book 147 Regular Session, September 5, 2017 384
BY THE CITY COUNCIL OF THE CITY OF PROJECT NOTE, SERIES 2017, OF THE
DUBUQUE IOWA: CITY OF DUBUQUE, IOWA, UNDER THE
Sedion 1: That the Mayor is hereby au- PROVISIONS OF THE CODE OF IOWA, AND
thorized and directed to submit an application PROVIDING FOR A METHOD OF PAYMENT
for the HUD FSS program grant. OF SAID NOTE
Sedion 2: That the Diredor of Housing and Whereas, Issuer proposes to issue its Wa-
Community Development and the City Manag- ter Revenue Capital Loan Notes Anticipation
er are hereby authorized to approve the appli- Projed Note, Series 2017, to the extent of
cation that is submitted to HUD $475,000, for the purpose of defraying the
Sedion 3: That the City Manager is hereby costs of the Projed hereinafter described; and,
authorized and directed to forward said appli- it is deemed necessary and advisable and in
cation and resulting standard executed con- the best interests of the City that a form of
tract to the respective agencies in a timely Interim Loan and Disbursement Agreement by
fashion and as required by the U. S. Depart- and between the City and the lowa Finance
ment of Housing and Urban Development. Authority be approved and authorized; and
Passed, approved and adopted this 5t° day Whereas, the notice of intention of Issuer
of September 2017. to take action for the issuance of not to exceed
Roy D. Buol, Mayor $475,000 Water Revenue Capital Loan Notes
Attest: Kevin S. Firnstahl, City Clerk has heretofore been duly published and no
objections to such proposed action have been
8. Community Development Block Grant filed.
(CDBG) Entitlement Activities Environmental NOW, THEREFORE, BE IT RESOLVED
Review Tier 1 for Fiscal Year 2018: City Man- BY THE City Council OF THE City of Dubu-
ager recommending approval for the Mayor to que, IN THE COUNTY OF Dubuque, STATE
sign the Environmental Review Determination OF IOWA:
as the Certifying Officer for the City of Dubu- Section 1. Definitions. The following terms
que for the Fiscal Year 2018 Community De- shall have the following meanings in this Reso-
velopment Block Grant Program. Upon motion lution unless the text expressly or by neces-
the documents were received, filed and ap- sary implication requires otherwise:
proved. . "Additional Project Notes" shall mean
any project notes or other obligations
9. Proceedings to Complete Action on issued on a parity with the Note in ac-
$475,000 Water Revenue Capital Loan Note cordance with the provisions of Sec-
(Interim Financing) SRF, Planning & Design tion 11 hereof;
Roosevelt Water Tower: City Manager rec- . "AgreemenY' shall mean an Interim
ommending approval of the proceedings to Loan and Disbursement Agreement
complete action required on the $475,000 dated as of the Closing between and
State Revolving Fund (SRF) Planning & De- among the City and the Original Pur-
sign Loan to fund the planning and design chaser, relating to the Interim Loan
portion of the Roosevelt Water Tower Project. made to the City under the Program;
Upon motion the documents were received . "City Clerk" shall mean the City Clerk
and filed and Resolution No. 311-17 Approving or such other officer of the successor
and authorizing a Form of Interim Loan and Governing Body as shall be charged
Disbursement Agreement by and between the with substantially the same duties and
City of Dubuque and the lowa Finance Authori- responsibilities;
ty, and authorizing and providing for the issu- . "Closing" shall mean the date of deliv-
ance and securing the payment of $475,000 ery of the Note to the Original Pur-
Water Revenue Capital Loan Notes Anticipa- chaser and the funding of the Interim
tion Project Note, Series 2017, of the City of Loan;
Dubuque, lowa, under the provisions of the . "Corporate Seal" shall mean the offi-
Code of lowa, and providing for a method of cial seal of Issuer adopted by the
payment of said Note was adopted. Governing Body;
• "Fiscal Year" shall mean the twelve
RESOLUTION NO. 311-17 months' period beginning on July 1 of
A RESOLUTION APPROVING AND AU- each year and ending on the last day
THORIZING A FORM OF INTERIM LOAN of June of the following year, or any
AND DISBURSEMENT AGREEMENT BY other consecutive twelve-month period
AND BETWEEN THE CITY OF DUBUQUE adopted by the Governing Body or by
AND THE IOWA FINANCE AUTHORITY, law as the official accounting period of
AND AUTHORIZING AND PROVIDING FOR the System; provided, that the re-
THE ISSUANCE AND SECURING THE quirements of a fiscal year as ex-
PAYMENT OF $475,000 WATER REVENUE pressed in this Resolution shall ex-
CAPITAL LOAN NOTES ANTICIPATION
Book 147 Regular Session, September 5, 2017 385
clude any payment of principal or in- proved by Issuer as provided herein
terest falling due on the first day of the and who shall carry out the duties pre-
fiscal year and include any payment of scribed herein with respect to main-
principal or interest falling due on the taining a register of the owners of the
first day of the succeeding fiscal year; Note. Unless otherwise specified, the
• "Governing Body" shall mean the Registrar shall also act as Transfer
Council of the City, or its successor in Agent for the Note;
function with respect to the operation • "System" shall mean the municipal
and control of the System; water utility of the Issuer and all prop-
• "Interim Loan"shall mean the principal erties of every nature hereinafter
amount allocated by the Original Pur- owned by the Issuer comprising part of
chaser and loaned to the City under or used as a part of the System, in-
the Program, equal in amount to the cluding all water treatment facilities,
principal amount of the Note; storage facilities, pumping stations
• "Issuer" and "City" shall mean the City and all related property and improve-
of Dubuque, lowa; ments and extensions made by Issuer
• "Note" shall mean $475,000 Water while the Note remains outstanding; all
Revenue Capital Loan Notes Anticipa- real and personal property; and all ap-
tion Projed Note, Series 2017, author- purtenances, contrads, leases, fran-
ized to be issued by this Resolution; chises and other intangibles;
• "Original Purchaser" shall mean the • "Treasurer" shall mean the City
lowa Finance Authority, as the pur- Treasurer or such other officer as shall
chaser of the Note from Issuer at the succeed to the same duties and re-
time of its original issuance; sponsibilities with respect to the re-
• "Paying AgenY' shall be the City cording and payment of the Note is-
Treasurer, or such successor as may sued hereunder.
be approved by Issuer as provided Section 2. Authority. The Agreement and
herein and who shall carry out the du- the Note authorized by this Resolution shall be
ties prescribed herein as Issuer's issued pursuant to Section 76.13 of the Code
agent to provide for the payment of of lowa, and in compliance with all applicable
principal of and interest on the Notes provisions of the Constitution and laws of the
as the same shall become due; State of lowa. The Agreement shall be sub-
• "Permitted Investments" shall mean stantially in the form attached to this Resolu-
any investments permitted in lowa tion and is authorized to be executed and is-
Code chapter 12B or section 12C.9. sued on behalf of the Issuer by the Mayor and
All interim investments must mature attested by the City Clerk.
before the date on which the moneys Section 3. Note Details, 6cecution, Re-
are required for payment of principal demption and Registration.
and interest on the Notes or project a. Note Details. The Note shall be des-
costs; ignated a Water Revenue Capital
• "Program" shall mean the lowa Drink- Loan Notes Anticipation Project
ing Water State Revolving Fund Pro- Note, be dated the date of delivery,
gram undertaken by the Original Pur- in the denomination of $1,000 or
chaser; multiples thereof, and shall at the
• "ProjecY' shall mean the costs of ac- request of the Original Purchaser
quisition, construction, reconstruction, be initially issued as a single Note
extending, remodeling, improving, re- in the denomination of $475,000
pairing and equipping all or part of the and numbered R-1. The Note shall
Municipal Water System, including for not bear interest (0%), and shall
the Roosevelt WaterTower; mature three years from issuance.
• "Project Costs" shall mean all engi- The City Council hereby finds and
neering fees, archeological surveys, determines that it is necessary and
environmental studies, and fees relat- advisable to issue said Note pursu-
ed to a projed plan preparation and ant to Section 76.13 of the Code of
submission, and other expenses inci- lowa, as authorized by the Agree-
dental thereto, and also including the ment and this Resolution.
costs of issuance of the Note. b. Execution. The Note shall be exe-
"Project Fund" shall mean the Project cuted by the manual or facsimile
• Fund established by Sedion 6 of this signature of the Mayor and attested
Resolution. by the manual or facsimile signa-
"Registrar"shall be the City Treasurer, ture of the Clerk, and impressed or
• or such successor as may be ap- imprinted with the seal of the City
Book 147 Regular Session, September 5, 2017 386
and shall be fully registered as to the name of multiple individuals, of
both principal and interest as pro- all such transferees). In the event
vided in this Resolution; principal, that the address of the registered
interest and premium, if any, shall owner of a Note (other than a regis-
be payable at the office of the Pay- tered owner which is the nominee
ing Agent by mailing of a check, of the broker or dealer in question)
wire transfer or automated clearing is that of a broker or dealer, there
house system transfer to the regis- must be disclosed on the Registra-
tered owner of the Note. tion Books the information pertain-
c. Redemption. The Note may be called ing to the registered owner required
for redemption by the Issuer and above. Upon the transfer of any
paid before maturity on any date, such Note, a new fully registered
from any funds regardless of Note, of any denomination or de-
source, in whole or from time to nominations permitted by this Reso-
time in part, in order of maturity and lution in aggregate principal amount
within an annual maturity by lot. equal to the unmatured and unre-
Notice of redemption shall be given deemed principal amount of such
by U.S. mail to the Original Purchaser (or any transferred fully registered Note,
other registered owner of the Note). The terms and bearing interest at the same
of redemption shall be par, plus accrued inter- rate and maturing on the same date
est to date of call. Failure to give such notice or dates shall be delivered by the
by mail to any registered owner or any defect Registrar.
therein shall not affect the validity of any pro- In all cases of the transfer of the
ceedings for the redemption of the Note. The Note, the Registrar shall register, at
Note is also subject to mandatory redemption the earliest practicable time, on the
to the extent not fully drawn upon. Registration Books, the Note, in ac-
d. Registration. The Note may be regis- cordance with the provisions of this
tered as to principal and interest on Resolution.
the books of the Note Registrar in As to any Note, the person in
the name of the holder and such whose name the ownership of the
registration noted on the Note after same shall be registered on the
which no transfer shall be valid until Registration Books of the Registrar
the making of an entry upon the shall be deemed and regarded as
books kept for the registration and the absolute owner thereof for all
transfer of ownership of the Note, purposes, and payment of or on ac-
and in no other way. The City count of the principal of any such
Treasurer is hereby appointed as Note and the premium, if any, and
Note Registrar under the terms of interest thereon shall be made only
this Resolution. Registrar shall to or upon the order of the regis-
maintain the books of the Issuer for tered owner thereof or his legal rep-
the registration of ownership of the resentative. All such payments shall
Note for the payment of principal of be valid and effectual to satisfy and
and interest on the Note as provid- discharge the liability upon such
ed in this Resolution. The Note Note, including the interest thereon,
shall be negotiable as provided in to the extent of the sum or sums so
Article 8 of the Uniform Commercial paid.
Code subject to the provisions for A Note which has been re-
registration and transfer contained deemed shall not be reissued but
in the Note and in this Resolution. shall be cancelled by the Registrar.
The ownership of any Note may A Note which is cancelled by the
be transferred only upon the Regis- Registrar shall be destroyed and a
tration Books kept for the registra- Certificate of the destrudion thereof
tion and transfer of the Note and shall be furnished promptly to the
only upon surrender thereof at the Issuer; provided that if the Issuer
office of the Registrar together with shall so direct, the Registrar shall
an assignment duly executed by the forward the cancelled Note to the
holder or his duly authorized attor- Issuer.
ney in fact in such form as shall be In the event any payment check
satisfactory to the Registrar, along representing payment of principal of
with the address and social security or interest on the Note is returned
number or federal employer identifi- to the Paying Agent or if any note is
cation number of such transferee not presented for payment of prin-
(or, if registration is to be made in cipal at the maturity or redemption
Book 147 Regular Session, September 5, 2017 387
date, if funds sufficient to pay such suance of the Note or to pay the principal of
principal of or interest on Note shall the Note when due and for no other purpose.
have been made available to the Disbursements for the payment of Pro-
Paying Agent for the benefit of the ject Costs shall be made by the City Clerk
owner thereof, all liability of the Is- upon receipt of vouchers approved by the
suer to the owner thereof for such Governing Body.
interest or payment of such Note After completion of the Project, any
shall forthwith cease, terminate and moneys remaining in the Project Fund shall
be completely discharged, and be held for the retirement of Note. When
thereupon it shall be the duty of the the Note is paid or payment is provided for,
Paying Agent to hold such funds, remaining moneys in the Project Fund may
without liability for interest thereon, be withdrawn and used for any lawful pur-
for the benefit of the owner of such pose.
Note who shall thereafter be re- Section 8. Investments. Moneys in the Pro-
stricted exclusively to such funds ject Fund shall at all times be invested, to the
for any claim of whatever nature on extent practicable in Permitted Investments
his part under this Resolution or on, maturing at such times and in such amounts
or with respect to, such interest or as will make cash available for the purposes of
Note. The Paying AgenYs obligation such Project Fund as needed.
to hold such funds shall continue for Section 9. Covenants with Noteholders. Is-
a period equal to two years and six suer covenants and agrees, so long as any
months following the date on which Notes herein authorized remain unpaid, that it:
such interest or principal became a. Will proceed to complete with all
due, whether at maturity, or at the practicable dispatch the construction and
date fixed for redemption thereof, or acquisition of the Project;
otherwise, at which time the Paying b. Will not make or cause or permit to
Agent shall surrender any remain- be made any application of the proceeds of
ing funds so held to the Issuer, the Note or of any moneys held in the Pro-
whereupon any claim under this ject Fund, except in accordance with the
Resolution by the Owners of such provisions of this Resolution;
interest or Notes of whatever nature c. Will from time to time increase the
shall be made upon the Issuer. amount of the appropriations to the Project
Section 4. Form of Note. The form of Note Fund, to the extent necessary to assure
shall be substantially as [Provided] that the expected receipts thereafter forth-
Section 5. Security for Note. The Note shall coming, together with the funds appropri-
be payable solely from the Project Fund. To ated and held in trust for the purpose, will
pay the principal on the Note when it becomes be sufficient to pay when due the Note as
due, there is hereby created a pledge of the to both principal and interest.
receipts anticipated in said Projed Fund to d. Will obtain the collection of funds
continue until the payment in full of the princi- and the proceeds of the sale of water rev-
pal on the Note. enue capital loan notes anticipated to be
Section 6. Establishment of Project Fund. received in the Project Fund and, if not
The Issuer hereby creates and establishes a paid from other sources, apply the same to
Project Fund, into which Project Fund are the payment of the Note and interest
hereby appropriated the following: thereon; and
Proceeds of not to exceed $475,000 e. For the prompt and full performance
Water Revenue Capital Loan Notes, of the terms and provisions of this Resolu-
additional action on the issuance of tion and contract with the noteholders, the
which previously has been taken and Issuer pledges its full faith and diligence
approved by the City Council and the exercise of its lawful powers.
The funds so appropriated shall include Sedion 10. Contract Between Issuer and
in addition thereto all funds of the Issuer, Purchaser. This Resolution constitutes a con-
including proceeds realized on the rein- tract between the Issuer and the purchaser of
vestment of proceeds of the Note, from the Note.
which the Issuer is or may become obligat- Section 11. Additional Notes. The Issuer
ed to pay under contracts for the construc- may issue Additional Project Notes of equal
tion of the Project to the extent that pro- standing and parity of lien with the Note for the
ceeds of the Note are applied to the pay- purpose of paying Project Costs to the extent
ment thereof. that funds appropriated to the Project Fund are
Sedion 7. Application of Project Fund. The adequate to pay all notes so issued and inter-
proceeds of the sale of the Note shall be de- est thereon.
posited in the Projed Fund for application to The holder or holders of the Notes shall
payment of Project Costs and the costs of is- have all other rights and remedies given by
Book 147 Regular Session, September 5, 2017 388
law for the payment and enforcement of the 13. Improvement Contracts/ Performance,
Notes and the security therefor. Payment and Maintenance Bonds: Drew Cook
Section 12. Severability Clause. If any sec- & Sons Excavating Company, Inc. for 2017
tion, paragraph, clause or provision of this Sewershed 10 Manhole Projeds; McClain
Resolution be held invalid, such invalidity shall Excavating Company, Inc., for the Dubuque
not affect any of the remaining provisions Airport Rental Car Parking Lot Project 2017;
hereof, and this Resolution shall become ef- Midwest Concrete, Inc. for 2017 Asphalt Over-
fective immediately upon its passage and ap- lay Ramp Project Four; Portzen Construction,
proval. Inc. for Phase 1 17t° St. Storm Sewer Im-
Section 13. Repeal of Conflicting Resolu- provements Project. Upon motion the docu-
tions or Ordinances. All ordinances and resolu- ments were received, filed and approved.
tions and parts of ordinances and resolutions
in conflict herewith are hereby repealed. 14. Alcohol and Tobacco License Applica-
Section 14. Paragraph Headings. The par- tions: City Manager recommending approval of
agraph headings in this Resolution are fur- annual liquor, beer, wine and tobacco license
nished for convenience of reference only and applications as submitted. Upon motion the
shall not be considered to be a part of this documents were received and filed and Reso-
Resolution. lution No. 312-17 Approving applications for
Section 15. Rule of Construction. This beer, liquor, and/or wine permits, as required
Resolution and the terms and conditions of the by City of Dubuque Code of Ordinances Title 4
Notes authorized hereby shall be construed Business and License Regulations, Chapter 2
whenever possible so as not to conflict with Liquor Control, Article B Liquor, Beer and Wine
the terms and conditions of the Interim Loan Licenses and Permits; and Resolution No.
and Disbursement Agreement. In the event 313-17 Approving applications for retail ciga-
such construction is not possible, or in the rette/tobacco sales/nicotine/vapor permits, as
event of any conflict or inconsistency between required by lowa Code Chapter 453A.47A
the terms hereof and those of the Interim Loan were adopted.
and Disbursement Agreement, the terms of the
Interim Loan and Disbursement Agreement RESOLUTION NO. 312-17
shall prevail and be given effect to the extent APPROVING APPLICATIONS FOR BEER,
necessary to resolve any such conflid or in- LIQUOR, AND/OR WINE PERMITS, AS RE-
consistency. QUIRED BY CITY OF DUBUQUE CODE OF
Passed and approved this 5t° day of Sep- ORDINANCES TITLE 4 BUSINESS AND LI-
tember, 2017. CENSE REGULATIONS, CHAPTER 2 LIQ-
Roy D. Buol, Mayor UOR CONTROL, ARTICLE B LIQUOR,
Attest: Kevin S. Firnstahl, City Clerk BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor,
10. Workers' Compensation Compromise and or Wine Permits have been submitted and
Settlement Agreement: City Attorney recom- filed with the City Council for approval and the
mending approval of a Compromise Settle- same have been examined and approved; and
ment Agreement regarding a Workers' Com- Whereas, the premises to be occupied by
pensation claim by Karen Pins. Upon motion such applicants were inspected and found to
the documents were received, filed and ap- comply with the Ordinances of the City and the
proved. applicants have filed the proper fees and
bonds and otherwise complied with the re-
11. Letter of Support for Metr Building Re- quirements of the Code of Ordinances.
development Project: City Manager providing a NOW, THEREFORE, BE IT RESOLVED
Letter of Support for approval of Historic Tax BY THE CITY COUNCIL OF THE CITY OF
Credits for the Me� Building redevelopment DUBUQUE, IOWA:
project. Upon motion the documents were re- Section 1. The City Clerk is hereby author-
ceived,filed and approved. ized and direded to cause to be issued the
noted permit types to the following applicants
12. Signed Contracts: Tri-State Adjust- pending submission of the locally required
ments, Inc. Collection Services Agreement. documentation:
Upon motion the documents were received Renewals
and filed. Fat Tuesday's, 1121 University Ave., Class C
Liquor(Sunday)
Java Joe's Coffee House, 342 Main St., Class
C Liquor, Class B Wine, (Catering) (Sunday)
Kariden Wine Company, 472 Central Ave.,
Class B Wine (Living Qtrs.)
Phillips 66/Arby's, 10 South Main St., Class C
Beer(Sunday)
Book 147 Regular Session, September 5, 2017 389
Red Robin America's Gourmet Burgers&Spir- 2. Airport Commission: Twn, 4-year terms
its, 2775 NW Arterial Class C Liquor (Out- through September 14, 2021 (Expiring terms
door) (Sunday) of Brotherton and Even). Applicants: Doug
Ron's Discount Smokes & Beverage, 3300 Brotherton, 2823 Hickory Hill; Chris Even, 120
Asbury Rd., Class C Beer, Class B Native S. Grandview Ave.; Scott Leibfried, 3211 Hon-
Wine (Sunday) eysuckle Ln.; Yahaira Lugo, 1671 Avoca St.
Special Event Upon roll-call vote Doug Brotherton and Chris
The Smokestack, 9/6, Jackson St. between 7t° Even were appointed to 4-year terms through
and 9t° St., Class B Beer(Outdoor) September 14, 2021. Brotherton = Lynch,
Passed, approved and adopted this 5t° day Jones, Resnick, Buol; Even = Connors, Del
of September, 2017. Toro, Lynch Resnick, Buol; Leibfried = Del
Roy D. Buol, Mayor Toro, Rios, Jones, Lugo=Connors, Rios.
Attest: Kevin S. Firnstahl, City Clerk
3. Electrical Code Board: One, 3-year term
RESOLUTION NO. 313-17 through May 21, 2020 (6cpired term of Pfohl).
APPROVING APPLICATIONS FOR RETAIL Applicant: Kevin Pfohl, 1878 Hummingbird Dr.
CIGARETTE I TOBACCO SALES I NICO- (Qualifies with Electrical Background). Motion
TINE/VAPOR PERMITS, AS REQUIRED BY by Lynch to appoint Mr. Pfohl to a 3-year term
IOWA CODE 453A.47A through May 21, 2020. Seconded by Connors.
Whereas, applications for Ciga- Motion carried 7-0.
rette/Tobacco Sales have been submitted and
filed with the City Council for approval and the PUBLIC HEARINGS
same have been examined and approved; and
Whereas, the premises to be occupied by 1. Marquette Hall, LLC Vacating Petition
such applicants were inspected and found to for Alley Between Regent and Queen Streets:
comply with the Ordinances of the City and the Proof of publication on notice of public hearing
applicants have filed the proper fees and oth- to consider approval of a request from Mar-
erwise complied with the requirements of the quette Hall, LLC to vacate a 20-foot wide alley
Code of Ordinances. between Regent Street and Queen Street to
NOW, THEREFORE, BE IT RESOLVED facilitate revitalization of the former Sacred
BY THE CITY COUNCIL OF THE CITY OF Heart School property at 2222 Queen Street
DUBUQUE, IOWA: and the City Manager recommending approv-
Sedion 1. The City Clerk is hereby author- al. Motion by Connors to receive and file the
ized and directed to cause to be issued the document and adopt Resolution No. 314-17
following named applicants and locations for Vacating the alley between Regent Street and
cigarette/tobacco sales permit. Queen Street in Sanford Subdivision, to be
Business Name, Business Location known as Lot 34A of Sanford Subdivision, in
Jayde's Vapor Lounge, 3220 Dodge St. the City of Dubuque, lowa. Seconded by
Passed, approved and adopted this 5t° day Lynch. Responding to questions from the City
of September, 2017. Council, City Manager Van Milligen stated that
Roy D. Buol, Mayor Sacred Heart Church is involved in the total
Attest: Kevin S. Firnstahl, City Clerk projed and therefore aware of the loss of
some parking area. Motion carried 7-0.
BOARDS/COMMISSIONS
RESOLUTION NO. 314-17
Applicants were invited to address the City VACATING THE ALLEY BETWEEN REGENT
Council regarding their appointment to the STREET AND QUEEN STREET IN SAN-
following Boards/Commissions. FORD SUBDIVISION, TO BE KNOWN AS
LOT 34-A OF SANFORD SUBDIVISION, IN
1. Human Rights Commission: One, 3-year THE CITY OF DUBUQUE, IOWA
term through January 1, 2019 (Vacant term of Whereas, Marquette Hall, LLC has re-
Fisher). Applicants: Juliet Dita Meyer, 1398 quested the vacating of the alley between Re-
Alta Vista St.; Gerald Hammel, Jr., 1225 '/� gent Street and Queen Street in Sanford Sub-
Rhomberg Ave.; Ashley Melchert, 1265 Thom- division; and
as PI. Mr. Hammel spoke in support of his ap- Whereas, there has been presented to the
pointment and provided a brief biography. City Council of the City of Dubuque, lowa, a
plat dated August 14, 2017 prepared by Bues-
Appointments were made the following ing and Associates, Inc., describing the pro-
boards/commissions. posed vacated alley right of way, in the City of
Dubuque, lowa; and
Whereas, pursuant to resolution and pub-
lished notice of time and place of hearing, pub-
lished in the Telegraph Herald, a newspaper of
Book 147 Regular Session, September 5, 2017 390
general circulation published in the City of
Dubuque, lowa on the 25t° day of August,
2017, the City Council of the City of Dubuque,
lowa met on the 5t° day of September, 2017,
at 6:30 p.m. in the Historic Federal Building
Council Chambers (second floor), 350 West 6�n
Street, Dubuque, Dubuque County, lowa to
consider the request to vacate; and
Whereas, the City Council of the City of
Dubuque, lowa overruled any and all objec-
tions, oral or written to the request to vacate;
and
Whereas, the City Council of the City of
Dubuque, lowa, has determined thatthe pro-
posed vacated alley between Regent Street
and Queen Street to be known as Lot 34-A of
Sanford Subdivision, in the City of Dubuque,
lowa, should be approved.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Sedion 1. That the real estate described
as Lot 34-A of Sanford Subdivision, in the City
of Dubuque, lowa, be and the same is hereby
vacated.
Passed, approved and adopted this 5t° day
of September, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Fiscal Year 2018 First Budget Amend-
ment: Proof of publication on notice of public
hearing to consider approval of the Fiscal Year
2018 First Budget Amendment and the City
Manager recommending approval. Motion by
Lynch to receive and file the documents and
adopt Resolution No. 315-17 Amending the
current budget for the Fiscal Year Ending June
30, 2018. Seconded by Connors. Motion car-
ried 7-0.
Continued
Book 147 Regular Session, September 5, 2017 391
RESOLUTION NO. 315-17
AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2018
Be it Resolved by the Council of the City of Dubuque
Section 1. Following notice published 8/23/17 and the public hearing held 9/5/17 the current budget
(as previously amended) is amended as set out herein and in the detail by fund type and activity that
su orts this resolution which was considered at that hearin :
Total Budget Total Budget
as certified Current after Current
or last amend- Amend- Amendment
ed ment
Revenues&Other Financin Sources
Taxes Levied on Pro ert 1 25,062,297 0 25,062,297
Less: Uncollected Pro ert Taxes-Lev Year 2 0 0 0
Net Current Pro ert Taxes 3 25,062,297 0 25,062,297
Delinquent Property Taxes 4 0 0 0
TIF Revenues 5 11,903,432 0 11,903,432
Other Cit Taxes 6 18,061,248 0 18,061,248
Licenses& Permits 7 1,529,906 0 1,529,906
Use of Mone and Pro ert 8 12,553,589 0 12,553,589
Inter overnmental 9 41,763,315 34,993,582 76,756,897
Char esforServices 10 42,877,311 3,828 42,881,139
S ecial Assessments 11 30,000 0 30,000
Miscellaneous 12 7,681,272 451,787 8,133,059
Other Financin Sources 13 2,522,060 6,902,072 9,424,132
Transfersln 14 28,992,317 2,759,004 31,751,321
Total Revenues and Other Sources 15 192,976,747 45,110,273 238,087,020
Expenditures&Other Financing Uses
PublicSafet 16 29,244,056 363,129 29,607,185
Public Works 17 12,682,233 1,441,359 14,123,592
Health and Social Services 18 915,654 27,862 943,516
Culture and Recreation 19 12,054,279 695,955 12,750,234
Communit and Economic Develo ment 20 14,755,628 -175,078 14,580,550
General Government 21 9,029,607 556,146 9,585,753
Debt Service 22 10,873,974 0 10,873,974
Ca ital Pro�ects 23 29,769,433 39,653,601 69,423,034
Total Government Activities 6c enditures 24 119,324,864 42,562,974 161,887,838
Business T e/Enter rises 25 50,388,083 26,880,406 77,268,489
Total GovActivities&Business Ex enditure 26 169,712,947 69,443,380 239,156,327
Transfers Out 27 28 992 317 2 759 004 31 751 321
Total Ex enditures/Transfers Out 28 198 705 264 72 202 384 270 907 648
Excess Revenues&OtherSources Over
(Under) Expenditures/Transfers Out Fiscal -
Year 29 -5,728,517 27,092,111 -32,820,628
Be innin Fund Balance Jul 1 30 35,830,708 37,320,239 73,150,947
Endin Fund Balance June 30 31 30 102 191 10 228 128 40 330 319
Passed, approved and adopted this 5t°day of September, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Book 147 Regular Session, September 5, 2017 392
ACTION ITEMS sation for City Council Members set at
Eight Thousand Dollars ($8,000.00) per
1. Code of Ordinances Amendment - Title annum; and
1 Mayor and City Council Salary Compensa- . January 1, 2006, the compensation of
tion (Third Reading): City Clerk submitting an the Mayor was set at Eleven Thousand
amendment to the City of Dubuque Code of Five Hundred Dollars ($11,500.00) per an-
Ordinances Title 1 adjusting City Council num, and the compensation for City Coun-
Member salaries effective January 1, 2018 as cil Members set at Eight Thousand Five
recommended by the Compensation Task Hundred Dollars ($8,500.00) per annum;
Force and approved by City Council on July . January 1, 2014, the compensation of
17, 2017. Motion by Jones for final considera- the Mayor was set at Thirteen Thousand
tion and passage of Ordinance No. 40-17 Dollars ($13,000) per annum, and the
Amending City of Dubuque Code of Ordinanc- compensation for City Council Members
es Title 1 Administration, Chapter 6 Mayor and set at Nine Thousand Seven Hundred Dol-
City Council, Section 1-6-2 Compensation. lars ($9,700.00) per annum; and
Seconded by Connors. Motion carried 5-2 with Whereas, the City Council has determined
Del Toro and Rios voting nay. that the compensation for the Mayor and City
Council Members should be adjusted effective
OFFICIAL PUBLICATION January 1, 2018.
ORDINANCE NO.40-17 NOW THEREFORE, BE IT ORDAINED BY
AMENDING CITY OF DUBUQUE CODE OF THE CITY COUNCIL OF THE CITY OF
ORDINANCES TITLE 1 ADMINISTRATION, DUBUQUE, IOWA, AS FOLLOWS:
CHAPTER 6 MAYOR AND CITY COUNCIL, Sedion 1. Sedion 1-6-2 of the City of
SECTION 1-6-2 COMPENSATION Dubuque Code of Ordinances is amended to
Whereas, pursuant to lowa Code 372.13-8, read as follows:
the City Council shall not adopt an ordinance 1-6-2: COMPENSATION: Effedive Janu-
changing the compensation of the mayor and ary 1, 2018, the compensation for the mayor
council members during the months of No- shall be thirteen thousand eight hundred dol-
vember and December in the year of a regular lars ($13,800.00) per annum, and the com-
city election; and pensation for the city council members shall be
Whereas, a change in the compensation of ten thousand three hundred dollars
the mayor does not become effective during ($10,300.00) per annum.
the term in which the change is adopted; and Section 2. This ordinance shall take effect
Whereas, at the 2004 Dubuque City Coun- upon publication.
cil annual goal setting session, the City Coun- Passed, approved and adopted this 5t° day
cil concurred to make a change in mayor and of September, 2017.
council member compensation only during the /s/Roy D. Buol, Mayor
year in which a majority of council members' Attest: /s/Kevin S. Firnstahl, City Clerk
terms expire; and Published officially in the Telegraph Herald
Whereas, such change in compensation newspaper on the 8t°day of September, 2017.
would be recommended to the City Council by /s/Kevin S. Firnstahl, City Clerk
an ad hoc task force comprised of seven (7)
residents of the city each selected by a mem- 2. Code of Ordinances Amendment - Title
ber of the City Council to represent him/her 15 Long Range Planning Advisory Commis-
and facilitated by the City Clerk; and sion: City Manager recommending a change in
Whereas, a change in the compensation of the City's process for handling amendments to
the council members becomes effective for all Urban Renewal Plans and Urban Revitaliza-
council members at the beginning of the term tion Plans in order to better align with State of
of the council members elected at the election lowa Code. Motion by Lynch to receive and file
next following the change in compensation; the documents and that the requirement that a
and proposed ordinance be considered and voted
Whereas, effective: on for passage at two Council meetings prior
• January 1, 1997 the compensation of the to the meeting at which it is to be passed be
Mayor was set at Ten Thousand Four suspended. Seconded by Connors. Motion
Hundred Seventy-One Dollars carried 7-0.
($10,471.00) per annum, and the compen- Motion by Lynch for final consideration and
sation for City Council Members set at Six passage of Ordinance No. 41-17 Amending
Thousand Nine Hundred Seventy-Nine City of Dubuque Code of Ordinances Title 15
Dollars ($6,979.00) per annum; and Planning and Zoning, Chapter 2 Long Range
• January 1, 2002 the compensation of the Planning Advisory Commission, Section 15-2-
Mayor was set at Eleven Thousand Dollars 13 Powers. Seconded by Connors. Motion
($11,000.00) per annum, and the compen- carried 7-0.
Book 147 Regular Session, September 5, 2017 393
OFFICIAL PUBLICATION Passed, approved, and adopted this 5�n
ORDINANCE NO.41-17 day of September, 2017.
AMENDING CITY OF DUBUQUE CODE OF /s/Roy D. Buol, Mayor
ORDINANCES TITLE 15 PLANNING AND Attest: /s/Kevin S. Firnstahl, City Clerk
ZONING, CHAPTER 2 LONG RANGE Published officially in the Telegraph Herald
PLANNING ADVISORY COMMISSION, SEC- newspaper on the 8t°day of September, 2017.
TION 15-2-13 POWERS /s/Kevin S. Firnstahl, City Clerk
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF COUNCIL MEMBER REPORTS
DUBUQUE, IOWA:
Section 1. Section 15-2-13 of the City of Mayor Buol reminded everyone that the
Dubuque Code of Ordinances is hereby 11t° Annual State of the City Address is
amended to read as follows: scheduled for Monday, September 11t° at 7:00
15-2-13: POWERS: The commission has p.m. in the Council Chambers of the Historic
the following powers, duties, and responsibili- Federal Building, 350 W. 16t° St. Mayor Buol
ties: also reported on receiving correspondence
A. To provide a leadership role in the from former Dubuquer Kyle Fi�gerald who
planning, coordinating, and sponsoring of a described the generosity of Dubuque residents
periodic community planning process; when he called for supplies and assistance for
B. To coordinate and supervise the his trip to Texas to provided aid to survivors of
preparation and maintenance of the com- Hurricane Harvey.
prehensive plan;
C. To provide input to the city manager There being no further business, upon mo-
in the preparation of the city manager's tion the City Council adjourned at 627 p.m.
recommended multiyear capital improve-
ment program; /s/Kevin S. Firnstahl, CMC, City Clerk
D. To make comprehensive studies of
the present condition and the future growth
of the city to provide input into the commu-
nity planning process and to guide and ac-
complish a coordinated, consistent, and
harmonious development in accordance
with the present and future needs thereof
to the end that the health, safety, morals,
order, convenience, prosperity, and gen-
eral welfare 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 relation 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 rec-
ommendation presented by the zoning ad-
visory commission, but only after a public
hearing;
G. To review proposed urban renewal
plans and urban revitalization plans 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 commission by the
city council.
Sedion 2. This Ordinance shall take effect
upon publication.
Book 147 Special Session September 6, 2017 394
CITY OF DUBUQUE, IOWA ITEM TO BE SET FOR PUBLIC HEARING
CITY COUNCIL PROCEEDINGS 1. Imagine Dubuque Comprehensive Plan:
SPECIAL SESSION City Manager recommending adoption of a
OFFICIAL resolution setting a public hearing for the 2017
Imagine Dubuque Comprehensive Plan on
The Dubuque City Council met in special September 18, 2017. Motion by Connors to
session at 6:00 p.m. on September 6, 2017 in receive and file the documents and adopt
the Historic Federal Building, 350 W. 6�n Resolution No. 316-17 Setting a public hear-
Street. ing on 2017 imagine Dubuque Comprehen-
sive Plan setting a public hearing for a meet-
Present: Mayor Buol; Council Members ing to commence at 6:00 p.m. on September
Connors, Del Toro, Jones, Lynch, Resnick; 18, 2017 in the Historic Federal Building. Se-
City Manager Van Milligen, Assistant City conded by Jones. Motion carried 6-0.
Attorney Quann.
RESOLUTION NO. 316-17
Absent: Council Member Rios SETTING A PUBLIC HEARING ON 2017
IMAGINE DUBUQUE COMPREHENSIVE
Mayor Buol read the call and stated this is PLAN
a special session of the City Council called for N/hereas, the Long Range Planning Advi-
the purpose of conducting a work session and sory Commission has overseen an extensive,
setting a public hearing on the Imagine Dubu- inclusive community planning process to cre-
que Comprehensive Plan. ate the 2017 Imagine Dubuque Comprehen-
sive Plan in accordance with Title 15 of the
WORK SESSION Dubuque City Code as direded by the City
Council; and
1. Imagine Dubuque Comprehensive Plan: Whereas, the Long Range Planning Advi-
Assistant Planner Dave Johnson and Mike sory Commission has provided a final draft of
Hoffman of Teska Associates conducted a the 2017 Imagine Dubuque Comprehensive
work session with the City Council on the draft Plan for consideration by the Dubuque City
Imagine Dubuque Comprehensive Plan. Top- Council.
ics included: NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
• Representative Engagement DUBUQUE, IOWA:
• Timeline and review of events, work- A public hearing will be held on the 18�n
shops, focus groups and open houses day of September, 2017, at 6:00 p.m. in the
for 2016 and 2017 Historic Federal Building Council Chambers
• Executive Summary Review- Pur- (second floor), 350 West 6t° Street, Dubuque,
pose/Creation and At-A-Glance Re- lowa, at which time interested persons may
view of Plan Chapter Nos.: appear and be heard for or against the pro-
1. Introduction / Comprehensive posed Imagine Dubuque Comprehensive
Plan Goals Plan, and the City Clerk be and is hereby di-
2. Community Engagement rected to cause the attached notice of the time
3. Economic Prosperity and place of such hearing to be published in a
4. Environmental Integrity newspaper having general circulation in the
5. Social&Cultural Vibrancy City of Dubuque, lowa, which notice shall be
6. Housing published not less than seven days prior to
7. Community Facilities the date of such hearing. tn
8. Transportation& Mobility Passed, approved and adopted this 6
9. Land Use day of September, 2017.
10.A Call to Action Roy D. Buol, Mayor
Imagine Dubuque Partnering Agen- Attest: Kevin S. Firnstahl, City Clerk
• cies There being no further business, upon motion
• Recommendations the City Council adjourned at 7:03 p.m.
The presenters held a question/answer /s/Kevin S. Firnstahl, CMC, City Clerk
period with the City Council that included dis-
cussion of how topics were compiled and
made the list. The City Council thanked staff
and the consultants for the enormity of wnrk
and a job well done. The work session con-
cluded at 7:02 p.m.
Book 147 Special Session, September 11, 2017 395
CITY OF DUBUQUE, IOWA its leasehold interests with American Trust
CITY COUNCIL PROCEEDINGS and Savings Bank; and
Whereas, Yacht Basin is now refinancing
SPECIAL SESSION its debt with Citizens State Bank of La Crosse,
OFFICIAL Wisconsin; and
Whereas, Yacht Basin is requesting City
The Dubuque City Council met in special approval of the following documents (the Loan
session at 6:40 p.m. on September 11, 2017 Documents), attached hereto:
in Room 250 of the Historic Federal Building, Landlord Consent;
350 W. 6t°Street. Open-End Real Estate Mortgage;
Assignment of Leases and Rents;
Present: Mayor Buol; Council Members General Business Security Agreement;
Jones, Resnick (via phone), Rios; City Man- and
ager Van Milligen, City Attorney Brumwell Fixtures Disclaimer
; and
Absent: Council Members Connor, Del To- Whereas, the City Council has determined
ro, Lynch that it is in the best interests of the City of
Dubuque to approve the Loan Documents.
Mayor Buol read the call and stated this is NOW, THEREFORE, BE IT RESOLVED
a special session of the City Council called for BY THE CITY COUNCIL OF THE CITY OF
the purpose of conducting such business that DUBUQUE, IOWA:
may properly come before the City Council. 1. The Loan Documents are hereby ap-
proved.
CONSENT ITEMS 2. The City Manager and the City Attorney
are authorized to take such further action
1. Dubuque Yacht Basin — Refinance: City as may be necessary to carry out the in-
Attorney recommending approval of loan doc- tent of the Loan Documents.
uments related to the Dubuque Yacht Basin's Passed, approved and adopted this 11�n
leasehold interests on City-owned real estate. day of September, 2017.
Motion by Jones to receive and file the docu- Roy D. Buol, Mayor
ments and adopt Resolution No. 318-17 Ap- Attest: Kevin S. Firnstahl, City Clerk
proving for the benefit of Dubuque Yacht Ba-
sin, Inc. and in favor of Citizens State Bank of There being no further business, upon mo-
La Crosse, Wisconsin a Landlord Consent, tion the City Council adjourned at 6:41 p.m.
Open-End Real Estate Mortgage, Assignment
of Leases and Rents, General Business Secu- /s/Kevin S. Firnstahl, CMC, City Clerk
rity Agreement, and Fixtures Disclaimer. Se-
conded by Rios. Motion carried 4-0.
RESOLUTION NO. 318-17
APPROVING FOR THE BENEFIT OF
DUBUQUE YACHT BASIN, INC. AND IN
FAVOR OF CITIZENS STATE BANK OF LA
CROSSE, WISCONSIN A LANDLORD
CONSENT, OPEN-END REAL ESTATE
MORTGAGE, ASSIGNMENT OF LEASES
AND RENTS, GENERAL BUSINESS SECU-
RITY AGREEMENT, AND FIXTURES DIS-
CLAIMER
Whereas, the City of Dubuque, lowa (City)
has entered into the following leases with
Dubuque Yacht Basin (Yacht Basin), shown
on the attached map and aerial photos:
Lease Agreement, April 8, 1970, as
amended;
Lease Agreement, February 5, 1974, as
amended; and
Lease Agreement, November 23, 1987,
as amended; and
Whereas, the terms of all of the leases ex-
pire in 2031; and
Whereas, in 2010, Yacht Basin financed
Book 147 Regular Session, September 18, 2017 396
CITY OF DUBUQUE, IOWA 2. Notice of Claims and Suits: Joan Finger-
CITY COUNCIL PROCEEDINGS son for personal injury. Upon motion the doc-
uments were received, filed, and referred to
REGULAR SESSION the City Attorney.
OFFICIAL
3. Disposition of Claims: City Attorney ad-
The Dubuque City Council met in regular vising that the following claims have been re-
session at 6:00 p.m. on September 18, 2017 in ferred to Public Entity Risk Services of lowa,
the Historic Federal Building, 350 W. 6�n the agent for the lowa Communities Assurance
Street. Pool: Joan Fingerson for personal injury. Upon
motion the documents were received, filed,
Present: Mayor Buol; Council Members and concurred.
Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen, City Attorney 4. Dubuque Community School District
Brumwell AmeriCorps Agreement: City Manager rec-
ommending approval of an agreement be-
Mayor Buol read the call and stated this is �een Dubuque Community School District for
a regular session of the City Council called for AmeriCorps services with the City of Dubuque
the purpose of conducting such business that AmeriCorps Partners in Learning as required
may properly come before the City Council. by the Corporation for National and Communi-
ty Service as a part of the grant award for
PLEDGE OF ALLEGIANCE AmeriCorps Partners in Learning. Upon motion
the documents were received, filed and ap-
PRESENTATION(S) proved.
1. TH Media bizTimes 2017 Rising Stars 5. Tri-State Occupational Health, LLC
Presentation: Steve Fisher of the Telegraph Agreement Amendment: City Manager rec-
Herald presented on Sustainable Community ommending approval of an amendment to the
Coordinator Cori Burbach and Resource Man- Agreement between Tri-State Occupational
agement Coordinator Anderson Sainci being Health, LLC and the City of Dubuque for case
selected as 2017 Rising Stars by the TH Me- management services for workers' compensa-
dia's bizTimes and played a video biography of tion claims and police and fire job-related inju-
the two recipients. ries and illnesses. Upon motion the documents
were received, filed and approved.
PROCLAMATION(S)
6. DARE Agreement with Dubuque Com-
1. Crop Walk Day in Dubuque (October 1, munity School District: City Manager recom-
2017) was accepted by Mayor Roy D. Buol on mending approval of the Fiscal Year 2017-
behalf of the Crop Walk Committee. 2018 DARE Agreement between the City of
Dubuque Police Department and the Dubuque
CONSENT ITEMS Community School District. Upon motion the
documents were received, filed and approved.
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose 7. DARE Agreement with Holy Family
of as indicated. Seconded by Connors. Motion Schools: City Manager recommending ap-
carried 7-0. proval of the Fiscal Year 2017-2018 DARE
Agreement between the City of Dubuque Po-
1. Minutes and Reports Submitted: City lice Department and the Holy Family School
Council Proceedings of 9/5, 9/6, 9/11; Historic District. Upon motion the documents were
Preservation Commission of 8/17; Library received, filed and approved.
Board of Trustees Council Update 8/24; Long
Range Planning Advisory Commission of 8/23, $� School Resource Officer (SRO) Agree-
9/12; Zoning Board of Adjustment of 8/24; ment with Dubuque Community School Dis-
Proof of publication for City Council Proceed- trict: City Manager recommending Council
ings of 8/21; Proof of publication for List of approval of the Fiscal Year 2017/2018 School
Claims and Summary of Revenues for Month Resource Officer agreement between the City
Ending 7/31. Upon motion the documents of Dubuque Police Department and the Dubu-
were received and filed. que Community School District. Upon motion
the documents were received, filed and ap-
proved.
Book 147 Regular Session, September 18, 2017 397
9. Amendment to the Collective Bargaining in a future Fiscal Year 2018 budget amend-
Agreement with the International Union of Op- ment. Upon motion the documents were re-
erating Engineers Local #234: City Manager ceived,filed and approved.
recommending approval of an Amendment to
the Collective Bargaining Agreement between 12. Signed Contracts: Q Casino First
the City of Dubuque and the International Un- Amendment to Parking License Agreement;
ion of Operating Engineers, Local #234, that Short-Form Public Improvement Contracts with
provides for a work week that consists of ten Eastern lowa Directional Drillers, LLC for the
hours per day and four days per week for full- lowa Street Lighting Project from 10t° to 12�n
time Public Safety Dispatchers. Upon motion Streets and the Main Street Lighting Project
the documents were received, filed and ap- from 9t° to 12�° Streets. Upon motion the doc-
proved. uments were received and filed.
10. Code of Ordinances - Adoption of Sup- 13. Alcohol License Applications: City
plement No. 26: City Clerk recommending Manager recommending approval of annual
adoption of Supplement No. 26 to the City of beer, liquor and wine licenses as submitted.
Dubuque Code of Ordinances. Upon motion Upon motion the documents were received
the documents were received and filed and and filed and Resolution No. 320-17 Approving
Resolution No. 319-17 Adopting Supplement applications for beer, liquor, and/or wine per-
No. 26 to the Code of Ordinances of the City of mits, as required by City of Dubuque Code of
Dubuque, lowa was adopted. Ordinances Title 4 Business and License Reg-
ulations, Chapter 2 Liquor Control, Article B
RESOLUTION NO. 319-17 Liquor, Beer and Wine Licenses and Permits
ADOPTING SUPPLEMENT NO. 26 TO THE was adopted.
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA RESOLUTION NO. 320-17
Whereas, under date of August 17, 2009, APPROVING APPLICATIONS FOR BEER,
the City Council, pursuant to Ordinance No. LIQUOR, AND/OR WINE PERMITS, AS RE-
43-09, readopted the Code of Ordinances of QUIRED BY CITY OF DUBUQUE CODE OF
the City of Dubuque, lowa in its entirety; and ORDINANCES TITLE 4 BUSINESS AND LI-
Whereas, since August 17, 2009 the City CENSE REGULATIONS, CHAPTER 2 LIQ-
Council of the City of Dubuque, lowa has UOR CONTROL, ARTICLE B LIQUOR,
adopted certain ordinances amending the BEER AND WINE LICENSES AND PERMITS
Code of Ordinances and said amendments Whereas, applications for Beer, Liquor,
have been printed as supplements to the Code and or Wine Permits have been submitted and
of Ordinances; and filed with the City Council for approval and the
Whereas, Section 380.8 of the Code of lo- same have been examined and approved; and
wa provides that supplements, by resolution, Whereas, the premises to be occupied by
become part of the Code of Ordinances. such applicants were inspected and found to
NOW THEREFORE BE IT RESOLVED BY comply with the Ordinances of the City and the
THE CITY COUNCIL OF THE CITY OF applicants have filed the proper fees and
DUBUQUE, IOWA: bonds and otherwise complied with the re-
Section 1. That Supplement No. 26 to the quirements of the Code of Ordinances.
City of Dubuque Code of Ordinances, which NOW, THEREFORE, BE IT RESOLVED
codifies Ordinance Nos. 17-17, 23-17, 24-17, BY THE CITY COUNCIL OF THE CITY OF
27-17 through 34-17 and 36-17 as adopted by DUBUQUE, IOWA:
the City Council through August 2017, pre- Sedion 1. The City Clerk is hereby author-
pared by the Sterling Codifiers, Inc., and filed ized and direded to cause to be issued the
in the Office of the City Clerk of the City of noted permit types to the following applicants
Dubuque, lowa is hereby adopted and be- pending submission of the locally required
comes part of the Code of Ordinances of the documentation:
City of Dubuque, lowa. Renewals
Passed, approved and adopted this 18t° Chipotle Mexican Grill, 3450 Dodge St., Class
day of September 2017. C Liquor(Outdoor) (Sunday)
Roy D. Buol, Mayor Eagle Country Market, 1800 Elm St., Class E
Attest: Kevin S. Firnstahl, City Clerk Liquor, Class B Wine, Class B Beer (Sun-
day)
11. Economic Development Capital Im- Grand River Center, 500 Bell St., Class C Liq-
provement Program Budget: City Manager uor(Catering) (Sunday)
recommending that reallocated redevelopment Huhot Mongolian Grill, 555 J.F. Kennedy Rd.
funds from Fiscal Year 2017 CIP be included #685, Special Class C Liquor (Sunday)
Hy-Vee#1 Clubroom, 3500 Dodge St., Special
Class C Liquor(Sunday)
Book 147 Regular Session, September 18, 2017 398
lowa Welcome Center, 280 Main St., Class C and
Beer, Class B Native Wine (Sunday) Whereas, the City of Dubuque, pursuant to
The Copper Kettle, Inc., 2987 Jackson St., Ordinance 9-14321.737 of the Code of Ordi-
Class C Liquor, Class B Native Wine, Class nances, has received a letter from Mr. Dave
B Wine (Living Qrtrs.) (Catering) (Outdoor) Donovan requesting that the following area
(Sunday) described as follows be included in Residential
Wal-Mart Supercenter#2004, 4200 Dodge St., Parking Permit District E:
Class E Liquor, Class B Wine, Class C Beer Auburn Street on both sides between
(Sunday) North Grandview Avenue and Dexter
Passed, approved and adopted this 18t° Street; and
day of September, 2017. Whereas, the City Manager, in accordance
Roy D. Buol, Mayor with Ordinance 9-14321.735 and Ordinance
Attest: Kevin S. Firnstahl, City Clerk 9-14-321.737 recommends that Residential
Parking Permit District C and District E respec-
ITEMS SET FOR PUBLIC HEARING tively be amended to include such areas and
that the City Council set a public hearing on
Motion by Lynch to receive and file the the request to amend Residential Parking
documents, adopt the resolutions, set the pub- Permit District C and E.
lic hearings as indicated, and dired the City NOW THEREFORE, BE IT RESOLVED
Clerk to publish notice as prescribed by law. BY THE CITY COUNCIL OF THE CITY OF
Seconded by Del Toro. Motion carried 7-0. DUBUQUE, IOWA:
Sedion 1. That the City Council finds and
1. Residential Parking Permit Amendment determines that the request from Ms. Jean
District C and District E: City Manager recom- Hesselbacher is valid for Auburn Street, in
mending that the City Council set a public Residential Parking Permit District C.
hearing for October 2 to consider an amend- Section 2. That the City Council finds and
ment to the Saint Ambrose Street Residential determines that the request from Mr. Dave
Parking Permit District C, which would add Donovan is valid for Auburn Street, in Resi-
both sides of Saint Ambrose Street from dential Parking Permit District E.
Clarke Drive to Sunnyview Drive, and an Section 3. That the City Clerk be author-
amendment to the Auburn Street Residential ized and directed to publish a notice of public
Parking Permit District E, which would add hearing on amending Residential Parking
both sides of Auburn Street, from North Permit District C and District E, to be held on
Grandview Avenue to Dexter Street. Upon October 2, 2017.
motion the documents were received and filed Passed, approved and adopted this 18�n
and Resolution No. 321-17 Setting A public day of September, 2017.
hearing on Amending Residential Parking Roy D. Buol, Mayor
Permit District C to include both sides of Saint Attest: Kevin S. Firnstahl, City Clerk
Ambrose between Clarke Drive and
Sunnyview Drive and District E to include both BOARDS/COMMISSIONS
sides of Auburn Street between North
Grandview and Dexter Street was adopted Applicants were invited to address the City
setting a public hearing for a meeting to com- Council regarding their appointment to the
mence at 6:00 p.m. on October 2, 2017 in the following Boards/Commissions.
Historic Federal Building.
1. Historic Preservation Commission: Twn,
RESOLUTION NO. 321-17 3-year terms through July 1, 2020 (Expired
SETTING A PUBLIC HEARING ON AMEND- terms of Klavitter and McAndrews). Applicants:
ING RESIDENTIAL PARKING PERMIT DIS- David Klavitter, 1090 West 3�d St. (Qualifies for
TRICT C TO INCLUDE BOTH SIDES OF Langworthy Distrid); John McAndrews, 350
SAINT AMBROSE BETWEEN CLARKE N/est 1�� St. (Qualifies for Cathedral District).
DRIVE AND SUNNYVIEW DRIVE AND DIS- This commission is subject to the State of lowa
TRICT E TO INCLUDE BOTH SIDES OF AU- Gender Balance Law. 9 Commissioners total;
BURN STREET BETWEEN NORTH currently 4 males/2 females. Applications have
GRANDVIEW AND DEXTER STREET been held for 90 days in adherence with lowa
Whereas, the City of Dubuque, pursuant to Code 69.16A Gender Balance. Mayor Buol
Ordinance 9-14-321.735 of the Code of Ordi- referenced receiving correspondence from Mr.
nances, has received a letter from Ms. Jean Klavitter about his desire to be reappointed.
Hesselbacher requesting that the following
area described as follows be included in Resi-
dential Parking Permit District C:
Saint Ambrose Street on both sides be-
tween Clarke Drive and Sunnyview Drive;
Book 147 Regular Session, September 18, 2017 399
2. Housing Commission: One, 3-year term RESOLUTION NO. 322-17
through August 17, 2019 (Vacant term of ADOPTING THE 2017 COMPREHENSIVE
Wall). Applicant: Nicole Borovic, 3163 Hillcrest PLAN
Rd. Whereas, the Long Range Planning Advi-
sory Commission has overseen an extensive,
3. Zoning Advisory Commission: Two, 3- inclusive community planning process to cre-
year terms through July 1, 2020 (Expiring ate the 2017 Comprehensive Plan in accord-
terms of Baumhover and Henschel). Appli- ance with Title 15 of the Dubuque City Code
cants: Steve Baumhover, 2084 Rosemont; as directed by the City Council; and
Thomas Henschel, 932 June Dr. This commis- Whereas, the Long Range Planning Advi-
sion is subject to the State of lowa Gender sory Commission has recommended a final
Balance Law. 7 Commissioners total; currently draft of the 2017 Comprehensive Plan for con-
3 males/2 females. *Applications have been sideration by the Dubuque City Council.
held for 90 days in adherence with lowa Code NOW THEREFORE, BE IT RESOLVED
69.16A Gender Balance. BY THE CITY COUNCIL OF THE CITY OF
Appointment was made to the following DUBUQUE, IOWA:
commission. Section 1. That the 2017 Comprehensive
Plan, entitled Imagine Dubuque 2037: A Call to
4. Human Rights Commission: One, 3-year Action, is hereby adopted.
term through January 1, 2019 (Vacant term of Passed, approved and adopted this 18�n
Fisher). Applicants: Nicole Borovic, 163 Hill- day of September, 2017.
crest Rd. (Additional Applicant); Juliet Dita Roy D. Buol, Mayor
Meyer, 1398 Alta Vista St.; Gerald Hammel Jr., Attest: Kevin S. Firnstahl, City Clerk
1225 '/� Rhomberg Ave.; Ashley Melchert,
1265 Thomas PI. Upon roll-call vote, (Borovic ACTION ITEMS
_ -0-; Meyer = Del Toro, Connors, Rios, Res-
nick; Hammel = Buol, Jones, Resnick; 1. American Association of Retired People
Melchert= -0-). Ms. Dita-Meyer was appointed (AARP) Presentation: Kent Sovern, lowa State
to 3-year term through January 12, 2019. Director of AARP Community, State and Na-
tional Affairs will presented on how Dubuque's
PUBLIC HEARINGS efforts align with AARP lowa's goal of creating
a "Great Place for All Ages." Mr. Sovern pro-
1. Imagine Dubuque 2037: A Call to Action vided copies of AARP's book"Where We Live;
- 2017 Comprehensive Plan: Proof of publica- Communities for All Ages," in which Dubuque
tion on notice of public hearing to consider is spotlighted. He also described AARP's pro-
approval of the Imagine Dubuque Comprehen- cess and efforts across the state for achieving
sive Plan and the Long Range Planning Advi- age-friendly communities. Motion by Connors
sory Commission recommending adoption. to receive and file the documents. Seconded
Motion by Lynch to receive and file the docu- by Resnick. Motion carried 7-0.
ments and adopt Resolution No. 322-17
Adopting the 2017 Comprehensive Plan. Se- 2. Multicultural Family Center Annual Re-
conded by Connors. Long Range Planning port for 2015: Multicultural Family Center Di-
Advisory Commission Chairperson Chad Dart- rector Farris Muhammad, Board President
er, Assistant Planner Dave Johnson, Planning Marlene Woller, and former Board President
Technician Ose Akinlotan and Mike Koffman of John Stewart shared a presentation of the
Teska Associates presented an overview of 2016 Multicultural Family Center Annual Re-
the Plan's contents and the citizen engage- port. Topics included an overview of programs
ment process. Paul Schultr, 1008 Victoria that showcase diversity, teach culturally dis-
Street, expressed his overall pleasure with the tind content, culturally significant days, educa-
Plan and addressed the Council about his tion & long-term learning, other programs and
concerns regarding unclear language in the events, participant feedback, and the Center's
areas of climate action and zero waste as well financials. Motion by Connors to receive and
as further consideration of private/public fund- file the documents. Seconded by Lynch. Mo-
ing for expanded infrastructure and facilities, tion carried 7-0.
and making yard waste available for private
gardening. Motion carried 7-0. 3. Five Flags Center Quarterly Report:
SMG Regional General Manager HR Cook
shared the quarterly report on the Five Flags
Civic Center. Topics included: showcasing the
theater's history, year-end financials, staffing
changes, types of events for Fiscal Year 2017,
demographics related to tickets sales, website
statistics, new marketing/branding efforts, sur-
Book 147 Regular Session, September 18, 2017 400
vey of service and venue, enhanced media ingthereto.
relations, awards and recognitions, venue NOW THEREFORE, BE IT RESOLVED
partners, food and beverage upgrades, venue BY THE CITY COUNCIL OF THE CITY OF
sponsorships, and new and upcoming shows. DUBUQUE, IOWA:
Motion by Connors to receive and file the doc- Sedion 1. That Section 11-15 of Title 16 of
uments. Seconded by Resnick. Motion carried the City of Dubuque Code of Ordinances, Uni-
7-0. fied Development Code, is waived to allow five
22-foot wide paved private streets.
4. The Growing Sustainable Communities Section 2. That the City Council hereby
Conference- Media Release: Dubuque, lowa - waives Sedions 11-20 Water Supply, 11-21,
10th Annual Growing Sustainable Communi- Sanitary Sewer, 11-23 Obligation to Install
ties Conference will be held October 3 and 4, Improvements, and 11-24 Improvement Guar-
2017 at the Grand River Center. Motion by antees.
Connors to receive and file the document. Se- Section 3. That the Final Plat of Oakland
conded by Resnick. Mayor Buol highlighted Ridge Estates is hereby approved and the
the conference and noted that information and Mayor and City Clerk are hereby authorized
registration is available from the City's and directed to endorse the approval of the
webpage. Motion carried 7-0. City of Dubuque, lowa, upon said final plat,
provided the owners of said property herein
5. Final Plat of Oakland Ridge Estates: City named, execute their written acceptance here-
Manager recommending approval of the final to attached agreeing:
plat of Oakland Ridge Estates, which is locat- a) To construct private street im-
ed in Dubuque County but within two miles of provements in accordance with im-
the City of Dubuque corporate limits, subject to provement plans approved by Dubuque
allowing 22-foot paving width for Mackenzie County and certified upon completion by
Ridge, Libby Lane, Morgan Creek Drive, Lea a professional engineer licensed by the
Lane and Maci Court, and waiving Sedions State of lowa.
11-20 Water Supply, 22-21 Sanitary Sewer, b) To maintain the private street im-
11-23 Obligation to Install Improvements, and provements constructed as part of Oak-
11-24 Improvement Guarantees. Motion by land Ridge Estates until such time as a
Lynch to receive and file the documents and homeowners' association is formed and
adopt Resolution No. 323-17 Approving the is responsible for maintenance of the
Final Plat of Oakland Ridge Estates in Dubu- same.
que, County, lowa. Seconded by Jones. c) To provide final design plans and
Speaking on behalf of the developer, Dave sight distance calculations to the City of
Schneider of Schneider Land Surveying, 906 Dubuque for the extension and connec-
1��. St., Farley, lowa responded to questions tion of Mackenzie Ridge to Oakland
from the City Council explaining that no on- Farms Road. Street extension and inter-
street parking is intended with drives and gar- section design as well as sight distance
ages providing for parking. The streets wnuld calculations shall be reviewed and ap-
be changed to the City's standards should the proved by the City of Dubuque prior to
development ever be incorporated into the the construction of the Mackenzie Road
City. Motion carried 7-0. extension and connection to Oakland
Farms Road.
RESOLUTION NO. 323-17 Sedion 5. That in the event Oakland
APPROVING THE FINAL PLAT OF OAK- Farms Real Estate Company fails to execute
LAND RIDGE ESTATES IN DUBUQUE the acceptance within 180 days after the date
COUNTY, IOWA of this Resolution, the provisions hereof shall
Whereas, there has been filed with the City be null and void and the approval of the plat
Clerk a Final Plat of Oakland Ridge Estates, shall not be effedive.
and Passed, approved and adopted this 18�n
Whereas, said Final Plat provides for a 22- day of September, 2017.
foot pavement width, where 26-foot paving Roy D. Buol, Mayor
width for a private street is required by Section Attest: Kevin S. Firnstahl, City Clerk
11-15 of Title 16 of the City of Dubuque Code
of Ordinances, Unified Development Code; ACCEPTANCE OF RESOLUTION NO. 323-17
and I, the undersigned, Kevin Wernimont, rep-
Whereas, the preliminary plat has been resenting Oakland Farms Real Estate Compa-
examined by the Zoning Advisory Commission ny, having read the terms and conditions of the
and has its approval endorsed thereon; and Resolution No. 323-17 and being familiar with
Whereas, said Final Plat has been exam- the conditions thereof, hereby accept this
ined by the City Council and they find that it same and agree to the conditions required
conforms to the statutes and ordinances relat- therein.
Book 147 Regular Session, September 18, 2017 401
Dated in Dubuque, lowa this 15t° day of Industries, Inc.'s proposed project in the City.
September 2017. NOW, THEREFORE, BE IT RESOLVED
/s/Kevin Wernimont BY THE CITY COUNCIL OF THE CITY OF
Oakland Farms Real Estate Company DUBUQUE, IOWA:
Sedion 1. That the execution of the Eco-
6. Jule Transit International Medium-Duty nomic Development Assistance Contract 17-
Vehicle Engine Issue Replacement Plan: City DF(fC-047 for participation in the lowa Eco-
Manager recommending approval of a re- nomic Development Authority's Financial As-
placement plan due to unexpected engine sistance Program on behalf of Flexsteel Indus-
issues occurring in the International Medium tries, Inc., a copy of which is attached hereto,
Duty buses in The Jule fleet. Motion by Con- is hereby approved.
nors to receive and file the documents and Section 2. That the Mayor is hereby au-
approve the recommendation. Seconded by thorized to execute and the City Manager is
Jones. Responding to questions from the City hereby directed to submit the Economic De-
Council, City Manager Van Milligen stated that velopment Assistance Contract to the lowa
the unanticipated revenue provided by the EconomicDevelopmentAuthoritytogetherwith
lease of the Historic Federal Building by the such other documents as may be required.
USPS will provide the needed funds and that Passed, approved, and adopted this 18�n
no issues have been experienced with the day of September, 2017.
Public Works fleet. Motion carried 7-0. Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. lowa Economic Development Authority
Contract for Flexsteel Industries, Inc.: City 8. State of lowa Business Financial Assis-
Manager recommending approval of a State of tance Application for Heartland Financial USA
lowa Business Financial Assistance Contract Inc.: City Manager recommending approval of
among Flexsteel Industries, Inc., the City of the submission of an lowa Economic Devel-
Dubuque, and the lowa Economic Develop- opment Assistance Application by Heartland
ment Authority. Motion by Jones to receive Financial USA, Inc. to the lowa Economic De-
and file the documents and adopt Resolution velopment Authority. Motion by Connors to
No. 324-17 Authorizing the execution of a con- receive and file the Documents and adopt
tract for State Business Financial Assistance Resolution No. 325-17 Authorizing the Filing of
by and among Flexsteel Industries, Inc., the an Application for State Business Financial
City of Dubuque, lowa, and the lowa Economic Assistance on Behalf of Heartland Financial,
Development Authority. Seconded by Lynch. USA, Inc. Seconded by Del Toro. Council
Motion carried 7-0. Member Connors referenced an e-mail re-
ceived by the City Council in opposition to the
RESOLUTION NO. 324-17 application. City Manager Van Millgen reiterat-
AUTHORIZING THE EXECUTION OF A ed that the City is in support of the application
CONTRACT FOR STATE BUSINESS FI- that will create high-quality jobs, but is not of-
NANCIAL ASSISTANCE BY AND AMONG fering any financial assistance. Motion carried
FLEXSTEEL INDUSTRIES, INC., THE CITY 7-0.
OF DUBUQUE, IOWA, AND THE IOWA
ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 325-17
Whereas, Flexsteel Industries, Inc. has AUTHORIZING THE FILING OF AN APPLI-
proposed making a Thirty-Five Million Six CATION FOR STATE BUSINESS FINAN-
Hundred Thousand Dollar ($35,600,000.00) CIAL ASSISTANCE ON BEHALF OF
investment in the construction of a new manu- HEARTLAND FINANCIAL, USA, INC.
facturing facility in the City of Dubuque, lowa Whereas, Heartland Financial, USA, Inc.
which will allow the retention of two hundred (Heartland) has proposed making a One Mil-
(200) full-time jobs in the City; and lion Twn Hundred Thousand Dollar
Whereas, the City Council of the City of ($1,200,000.00) investment for tenant im-
Dubuque, lowa has considered the proposal provements of a fifteen thousand square foot
and has determined that the proposed project (15,000 sq. ft.) office facility in the City of
will contribute to the local economy; and Dubuque, lowa; and
Whereas, financial assistance from the lo- Whereas, the City Council of the City of
wa Economic Development Authority is de- Dubuque, lowa has considered the proposal
signed to assist in the economic development and has determined that the proposed project
efforts of local jurisdictions; and will contribute to the local economy through
Whereas, the lowa Economic Development the creation of thirty-one (31) full-time jobs in
Authority has requested execution of an Eco- the City which qualify for the lowa Economic
nomic Development Assistance Contract in Development Authority Business Financial
order to finalize incentives and document as- Assistance Program; and
sociated terms for the investment of Flexsteel Whereas, financial assistance from the lo-
Book 147 Regular Session, September 18, 2017 402
wa Economic Development Authority is de- /s/Kevin S. Firnstahl, CMC, City Clerk
signed to assist in the economic development
efforts of local jurisdidions; and
Whereas, the lowa 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
Heartland's proposed location at 700 Locust
Street in the City.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Sedion 1. That the filing of an Application
for participation in the lowa Economic Devel-
opment Authority's Financial Assistance Pro-
gram on behalf of Heartland Financial USA,
Inc., a copy of which is attached hereto, is
hereby approved.
Sedion 2. That the Mayor is hereby au-
thorized to execute and the City Manager is
hereby directed to submit the Application to
the lowa Economic Development Authority
together with such other documents as may be
required.
Passed, approved, and adopted this 18�n
day of September, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Southwest Arterial Update Video: Cable
TV Division showed a video of the recent pro-
gress of the Southwest Arterial Project. Motion
by Jones to receive and file the information.
Seconded by Lynch. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported that the
Des Moines Register's 100 Top Work Places
included Honkamp Krueger & Co., P.C. and
Hills and Dales of Dubuque.
CLOSED SESSION
Motion by Jones to convene in closed ses-
sion at 8:25 p.m. to discuss pending litigation
and real estate transfer negotiations pursuant
to Chapter 21.5(1)(c), -Q) of Code of lowa.
Seconded by Connors. 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 Lindahl, and
Attorney Jim Wainwright (Ahlers & Cooney
Law Firm). Motion carried 7-0.
Having given staff proper direction, upon
motion the City Council reconvened in open
session at 9:16 p.m.
There being no further business, upon mo-
tion the City Council adjourned at 9:17 p.m.
Book 147 Regular Session, October 2, 2017 403
CITY OF DUBUQUE, IOWA property damage, Sue Manternach for vehicle
CITY COUNCIL PROCEEDINGS damage, Kelly Jean Merz for personal injury,
Joseph Reisdorf for personal injury, Aaron and
REGULAR SESSION Ashley Skrocki for property damage, Sydney
OFFICIAL Stewart for loss of property, Jade Wiegel for
vehicle damage. Upon motion the documents
The Dubuque City Council met in regular Were received, filed, and referred to the City
session at 6:00 p.m. on October 2, 2017 in the Attorney.
Historic Federal Building, 350 W. 6t°Street.
3. Disposition of Claims: City Attorney ad-
Present: Mayor Buol; Council Members vising that the following claims have been re-
Connors, Del Toro, Jones, Lynch, Resnick, ferred to Public Entity Risk Services of lowa,
Rios; City Manager Van Milligen, City Attorney the agent for the lowa Communities Assurance
Brumwell Pool: Heidi Goin for property damage, Sue
Manternach for vehicle damage, Kelly Merz for
Mayor Buol read the call and stated this is personal injury, Joseph Reisdorf for personal
a regular session of the City Council called for injury, Sydney Stewart for property loss, Jade
the purpose of conducting such business that N/iegel for vehicle damage. Upon motion the
may properly come before the City Council. documents were received, filed, and con-
curred.
PLEDGE OF ALLEGIANCE
4. Bee Branch Healthy Homes Resiliency
PRESENTATION(S) Program Brochure: City Manager transmitting
the public information brochure for the Bee
Musical Performance: Prior to the meeting, Branch Healthy Homes Resiliency Program
the Arts and Cultural Affairs Advisory Commis- that provides forgivable loans for housing re-
sion facilitated a brief musical performance in pairs and renovations. Upon motion the docu-
commemoration of Arts and Humanities ment was received and filed.
Month.
5. Adoption of South Port of Dubuque
PROCLAMATION(S) Brownfield Area Wide Use Plan: City Manager
recommending adoption of the South Port Ar-
1. Arts and Humanities Month (October ea Wide Use Plan that is funded by an EPA
2017) was accepted by Ellen Henkels, David Brownfields Planning Grant. Upon motion the
Schmitr, Gina Siegert, and Ali Levasseur of documents were received and filed and Reso-
the Arts and Cultural Affairs Advisory Commis- lution No. 326-17 Adopting the South Port of
sion. Dubuque Brownfield Area Wide Use Plan was
adopted.
2. Make a Will Month (October 2017) was
accepted by Susan Henricks and Ric Jones of RESOLUTION NO. 326-17
the Make a Will Committee. ADOPTING THE SOUTH PORT OF DUBU-
QUE BROWNFIELD AREA WIDE USE PLAN
3. Trick-or-Treat Night (Odober 31, 2017) N/hereas, the City of Dubuque recognizes
was accepted by Mayor Buol. that the remediation and redevelopment of
brownfields is an important part of protecting
CONSENT ITEMS lowa's resources and improving the local
economy; and
Motion by Lynch to receive and file the Whereas, the Brownfield Area Wide Use
documents, adopt the resolutions, and dispose Plan for the South Port of Dubuque was fund-
of as indicated. Seconded by Connors. Motion ed by a grant from the U.S. EPA's Brownfields
carried 7-0. Area-Wide Planning Program; and
Whereas, the plan summarizes previous
1. Minutes and Reports Submitted: City planning efforts and sets the stage for moving
Council Proceedings of 9/18 (revised); Civil the City forward in redeveloping this key area
Service Commission of 9/11; Sister City Rela- of the city; and
tionships Advisory Commission of 9/20; Proof Whereas, adoption of the plan will allow
of Publication for City Council Proceedings of the City to fulfill the EPA's grant requirements.
9/5, 9/6, 9/11. Upon motion the documents NOW, THEREFORE, BE IT RESOLVED
were received and filed. BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
2. Notice of Claims and Suits: Michael and Section 1. That the South Port of Dubuque
Vi Elliott for property damage, Heidi Goin for Brownfield Area Wide Use Plan, is hereby
adopted.
Book 147 Regular Session October 2, 2017 404
Passed, approved and adopted this 2od day DUBUQUE, IOWA, THAT:
of October, 2017. Sedion 1. The City hereby supports and
Roy D. Buol, Mayor authorizes the grant application submittal for
Attest: Kevin S. Firnstahl, City Clerk funding through the IADOT FFY 2019 ICAAP
Program to assist with the funding STREETS
6. 2019 lowa DOT ICAAP Application for project implementation in Dubuque Metro area
STREETS Improvements: City Manager rec- as part of the East-West Corridor Improve-
ommending approval to submit an application ments.
in partnership with Dubuque Metropolitan Area Passed, approved and adopted this 2od day
Transportation Study (DMATS) for an lowa of October, 2017.
Department of Transportation lowa Clean Air Roy D. Buol, Mayor
Attainment Program (ICAAP) application to Attest: Kevin S. Firnstahl, City Clerk
assist with funding Smart Traffic Routing with
Efficient and Effective Traffic Signals 7. Administrative Services Agreement -
(STREETS) improvements. Upon motion the Wellmark Blue Cross and Blue Shield of lowa
documents were received and filed and Reso- of lowa: City Manager approval of an agree-
lution No. 327-17 Authorizing the filing of an ment with Wellmark BCBS of lowa for medical
lowa Clean Air Attainment Program Applica- plan and stop loss insurance coverage effec-
tion with the lowa Department of Transporta- tive July 1, 2017 through June 30, 2019, and
tion (IADOT) in partnership with Dubuque Met- City Council authorization for the City Manager
ropolitan Area Transportation Study (DMATS) to sign the agreement. Upon motion the doc-
to assist with the funding of Smart Traffic Rout- uments were received, filed and approved.
ing with Efficient and Effective Traffic Signals
(STREETS) Improvements was adopted. 8. Lead & Healthy Homes Contract with
VNA and Dubuque County Board of Health:
RESOLUTION NO. 327-17 City Manager recommending approval of a
RESOLUTION AUTHORIZING THE FILING contract with the Dubuque County Board of
OF AN IOWA CLEAN AIR ATTAINMENT Health and the lowa Department of Public
PROGRAM APPLICATION WITH THE IOWA Health for continued funding of the Childhood
DEPARTMENT OF TRANSPORTATION Lead Poisoning Prevention Program, and a
(IADOT) IN PARTNERSHIP WITH DUBUQUE renewed agreement with the Visiting Nurse
METROPOLITAN AREA TRANSPORTATION Association for services related to the Child-
STUDY (DMATS) TO ASSIST WITH THE hood Lead Poisoning Prevention Program and
FUNDING OF SMART TRAFFIC ROUTING Healthy Homes Program. Upon motion the
WITH EFFICIENT AND EFFECTIVE TRAFFIC documents were received, filed and approved.
SIGNALS(STREETS) IMPROVEMENTS
Whereas, the STREETS project is de- 9. Water Main Utility Grant of Easement for
signed to improve traffic conditions throughout Westside Water System Improvements Pro-
the Dubuque metro area by distributing traffic ject: City Manager recommending acceptance
more evenly on the region's major corridors. of a Grant of Easement for Water Main Utility
The STREETS project will modify the signal across the Jessica and Cory Kramer property
timings through a seamless interface between located at 14561 Forest Ridge Drive as part of
a signal timing model and signals used in the the Westside Water System Improvements
field; and 2017: Contract C HWY 20 Water Main Exten-
Whereas, the City has determined that sion. Upon motion the documents were re-
STREETS project will reduce congestion, ceived and filed and Resolution No. 328-17
shorten travel times, improve air quality, and Accepting a grant of Easement for Water Main
improve safety in the metro area. By rerouting Utility through, over and across part of Lot 1 of
traffic on the roads with extra capacities dy- Forest Ridge Estates Third Addition, Dubuque
namically, it is expected that the proposed County, lowa was adopted.
system will reduce traffic bottlenecks as rec-
ommended by the adopted East-West Corridor RESOLUTION NO. 328-17
Study; and ACCEPTING A GRANT OF EASEMENT FOR
Whereas, the City in partnership with WATER MAIN UTILITY THROUGH, OVER
DMATS is requesting ICAAP funding in the AND ACROSS PART OF LOT 1 OF FOREST
amount of $1,181,600 in Federal Fiscal Year RIDGE ESTATES THIRD ADDITION, DUBU-
(FFI� 2019 to assist with project implementa- QUE COUNTY, IOWA
tion; and Whereas, Jessica M. Kramer and Cory W.
Whereas, the City has sufficient funds Kramer have executed a Grant of Easement
available to cover the local funding in the for Water Main Utility through, over and across
amount of$295,400; and part of Lot 1 of Forest Ridge Estates Third
NOW THEREFORE, BE IT RESOLVED Addition, Dubuque County, lowa.
BY THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED
Book 147 Regular Session, October 2, 2017 405
BY THE CITY COUNCIL OF THE CITY OF lowa Code chapter 573, and to pay such re-
DUBUQUE, IOWA: tainage only in accordance with the provisions
Sedion 1. The City Council of the City of of lowa Code chapter 573.
Dubuque, lowa, hereby approves of, accepts Passed, approved and adopted this 2od day
and consents to the Grant of Easement for of October 2017.
Water Main Utility through, over and across Roy D. Buol, Mayor
Part of Lot 1 of Forest Ridge Estates Third Attest: Kevin Firnstahl, City Clerk
Addition, Dubuque County, lowa as shown on
the attached Grant of Easement for Water CITY ENGINEER'S CERTIFICATE OF FINAL
Main Utility and Exhibit A, from Jessica M. COMPLETION OF THE 2017 ASPHALT
Kramer and Cory W. Kramer, a copy of which OVERLAY ACCESS RAMPS PROJECT TWO
is attached hereto. The undersigned City Engineer of the City
Sedion 2. The Mayor is hereby authorized of Dubuque, lowa, hereby certifies that he has
and directed to execute and acknowledge on inspected the 2017 Asphalt Overlay Access
behalf of the City of Dubuque any instruments Ramps Project Two, that the Project has been
in connection herewith. performed in compliance with the terms of the
Section 3. The City Clerk is hereby author- Public Improvement Contract, and that the
ized to and directed to record this resolution total cost of the completed work is$87,102.32.
and Grant of Easement for Water Main Utility Dated this 21��day of September, 2017.
with the Dubuque County Recorder. /s/Gus Psihoyos, City Engineer
Passed, approved and adopted this 2od day Filed in the office of the City Clerk on the 21��
of October, 2017. day of September, 2017.
Roy D. Buol, Mayor /s/Kevin Firnstahl, CMC, City Clerk
Attest: Kevin S. Firnstahl, City Clerk
11. Letter of Support for Redevelopment of
10. 2017 Asphalt Overlay Access Ramp Rouse and Dean Foundry Building: City Man-
Projed Twn Acceptance: City Manager rec- ager providing a letter of support for the Rede-
ommending acceptance of the construction velopment of Rouse and Dean Foundry Build-
contrad for the 2017 Asphalt Overlay Access ing located at 990 Washington Street. Upon
Ramp Project Twn, as completed by Dan motion the document was received and filed.
Arensdorf Construction. Upon motion the doc-
uments were received and filed and Resolution 12. Public Sidewalk Repair Assessment:
No. 329-17 Accepting the 2017 Asphalt Over- City Manager recommending approval of a
lay Access Ramps Project Two and Authoriz- Resolution establishing the final assessments
ing the payment of the contract amount to the for the sidewalk repairs in the City right-of-way.
contractorwasadopted. Upon motion the documents were received
and filed and Resolution No. 330-17 Adopting
RESOLUTION NO. 329-17 the Final Assessment Schedule - Sidewalk
ACCEPTING THE 2017 ASPHALT OVERLAY Repair was adopted.
ACCESS RAMPS PROJECT TWO AND AU-
THORIZING THE PAYMENT OF THE CON- RESOLUTION NO. 330-17
TRACT AMOUNT TO THE CONTRACTOR ADOPTING THE FINAL ASSESSMENT
Whereas, the Public Improvement Contract SCHEDULE SIDEWALK REPAIR
for the 2017 Asphalt Overlay Access Ramps NOW, THEREFORE, BE IT RESOLVED
Project Two (the Project) has been completed BY THE CITY COUNCIL OF THE CITY OF
and the City Engineer has examined the work DUBUQUE, IOWA:
and filed a certificate stating that the Project After full consideration, the Final Schedule
has been completed according to the terms of of Assessments as shown on the attached
the Public Improvement Contract and that the sheet(s), Page 1 to Page 2 inclusive; is hereby
City Engineer recommends that the Project be approved for the sidewalk Repair — Right-of-
accepted; and Way; whereas, lowa State Code Section
NOW THEREFORE, BE IT RESOLVED 364.12c states the abutting property owner
BY THE CITY COUNCIL OF THE CITY OF inay be required by ordinance to maintain all
DUBUQUE, IOWA: property outside the lot and property lines. City
Section 1. The recommendation of the City Code of Ordinance 10-1-2 B, C & D addresses
Engineer is approved and the Project is hereby the duties of the abutting owner to maintain the
accepted. sidewalk in the public right-of-way and the
Section 2. The Finance Director is hereby City's ability to make the necessary repairs
directed to pay to the Contractor from the Curb and assess the abutting property owner should
Ramp Program appropriations and the side- the they fail do so.
walk program appropriations for the contract
amount of $79,049.62, less any retained per-
centage provided for therein as provided in
Book 147 Regular Session October 2, 2017 406
There is hereby assessed and levied as a 13. Civil Service Commission - Certified
special tax against and upon each of the bene- List: Civil Service Commission submitting the
fited properties, the respective sums indicated. Certified List for the position of Water Distribu-
The amounts shown in said Final Schedule of tion Maintenanceworker. Upon motion the
Assessments as deficiencies are found to be document was received, filed and made a Mat-
proper and levied conditionally against the ter of Record.
respective properties benefited by the im-
provements as shown in the Final Schedule of Sept. 11, 2017
Assessments, subject to the provisions of lowa Honorable Mayor and
Code § 364.12. Said assessments against Members of the City Council
said lots are hereby declared to be in propor- In accordance with Chapter 400 of the
tion to the special benefits conferred and not in Code of lowa, an examination for the position
excess of twenty-five percent of the value of of Water Distribution Maintenancewnrker was
same. administered on August 2, 2017. We hereby
The City Clerk be and is hereby directed to certify that the individuals listed below have
certify the Final Schedule of Assessments to passed this written examination and the va-
the County Treasurer of Dubuque County, cancy for this position should be made from
lowa, and to publish notice of said certification this list and that this list is good for two (2)
once each week for hnro consecutive weeks in years from above date.
the manner provided in lowa Code § 362.3, Water Distribution Maintenanceworker
the first publication of which shall be not more 1. Nick Connoly, 2. Christopher Tigges, 3. Da-
than fifteen days from the date of filing of the vid Apel, 4. Nicholas Mclaughlin, 5. Matthew
Final Schedule of Assessments. On or before Robinson, 6. AndrewTrenkamp, 7. Tim Lawi-
the date of the second publication of the no- er, 8. Terry Sahm, 9. Jerome Lang, 10. Justin
tice, the City Clerk shall also mail a copy of Licht, 11. Martin Kearney,12. Rick Walters
said notice to property owners whose property Respectfully submitted,
is subject to assessment, as provided in lowa /s/Dan White, Chairman
Code§384.60. Civil Service Commission
The assessments may be paid in full or in
part without interest at the City Treasurer's 14. ICAAP Grant Submission by DJMP
Office, City Hall, 50 W. 13t° Street, Dubuque, Engine Solutions on behalf of Newt Marine
lowa, at any time within 30 days after the date Services: City Manager approval of the sub-
of the first publication of the notice of the filing mission of lowa Clean Air Attainment Grant by
of the Schedule of Assessments with the DJMP Engine Solutions on behalf of Newt
County Treasurer. After 30 days, unpaid as- Marine Services. Upon motion the documents
sessments are payable at the County Treasur- were received and filed and Resolution No.
er's Office, Dubuque County Courthouse, 720 331-17 Authorizing the filing of an lowa Clean
Central Avenue, Dubuque, lowa, and charges Air Attainment Program Application with the
shall be collected in the same manner as gen- lowa Department of Transportation (IADOT)
eral property taxes against the respective par- with sponsorship provided by the City of
cels of the property set forth on the schedule. Dubuque to assist with funding of EPA Certi-
Passed, approved and adopted this 2od day fied Towboat Engines that will reduce carbon
of October, 2017. emissions and improve regional air quality was
Roy D. Buol, Mayor adopted.
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 331-17
SCHEDULE OF ASSESSMENTS AUTHORIZING THE FILING OF AN IOWA
Property Owner Name; Lot Description; Parcel CLEAN AIR ATTAINMENT PROGRAM AP-
Number; Mailing Address; City, State, Zip; PLICATION WITH THE IOWA DEPARTMENT
Street Address; Valuation with Improvement; OF TRANSPORTATION (IADOT) WITH
Sidewalk Assessment; Administrative Fee; SPONSORSHIP PROVIDED BY THE CITY
Total Net Assessment OF DUBUQUE TO ASSIST WITH FUNDING
Joan P. Kedley; Lot 6 East Street Sub; OF EPA CERTIFIED TOWBOAT ENGINES
1026112003; 2310 Mineral Street; Dubuque, THAT WILL REDUCE CARBON EMISSIONS
IA 52001; 2310 Mineral Street; $110,270.00; AND IMPROVE REGIONAL AIR QUALITY
$528.75; $79.31; $608.06 Whereas, Newt Marine Service (Newt)
James & Diane Barefoot; Lot 7 East St wants to apply for a grant from the lowa Clean
Sub; 1026112002; 420 Emmett Street; Dubu- Air Attainment Program (ICAAP) for Conges-
que, IA 52001; 2320 Mineral Street; tion Mitigation/Air Quality (CMAQ) to assist
$95,640.00; $1,195.00; $179.25; $1,374.25 $ with Repowering Newt Marine Towboats with
1,723.75; $258.56; $1,982.31 new EPA Certified Engines(the"ProjecY'); and
Book 147 Regular Session, October 2, 2017 407
Whereas, the ICAAP CMAQ grant is man- Section 1. The City Clerk is hereby author-
aged by the lowa Department of Transporta- ized and directed to cause to be issued the
tion (IDOT) and requires sponsorship of the noted permit types to the following applicants
Project; and pending submission of the locally required
Whereas, as sponsor the City is agreeing documentation:
to many requirements which are a condition of Renewals
receiving the funding; and Aldi, Inc. #30, 2160 Holliday Dr., Class C Beer,
Whereas, City is willing to sponsor the pro- Class B Wine (Sunday)
ject upon the terms and conditions agreed Carlos O'Kelly's Mexican Cafe, 1355 Associ-
upon by the parties; and ates Dr., Class C Liquor (Catering) (Outdoor)
Whereas, the Newt project would positively (Sunday)
impact air quality in the community. Denny's Lux Club, 3050 Asbury Road, Class C
NOW, THEREFORE, IN CONSIDERA- Liquor(Outdoor) (Sunday)
TION OF THE MUTUAL COVENANTS AND Europa Haus Restaurant & Bierstube, 1301
AGREEMENTS OF THE CITY AND NEWf, Rhomberg Ave., Class C Liquor (Catering)
EACH TO THE OTHER, IT IS AGREED AS Fiesta Cancun Authentic Mexican Restaurant,
FOLLOWS: 2515-1 NW Arterial, Class C Liquor (Out-
Sedion 1. Sponsorship of the Newt Project door) (Sunday)
by the City is hereby approved subjed to the Friendlylocust Mart, 408 West Locust St.,
terms and conditions of the Agreement be- Class C Beer (Sunday)
tween the City and Newt. Hy-Vee Gas #2 Dubuque, 2435 NW Arterial,
Section 2. The Agreement between the Class C Beer, Class B Native Wine (Sunday)
City and Newt is hereby approved and the City Kwik Stop #858, 3340 JFK Rd., Class E Liq-
Manager is authorized to sign necessary pa- uor, Class B Native Wine, Class C Beer
perwork to facilitate the Newt application. (Sunday)
Passed, approved and adopted this 2od day Loras College - Athletic and Wellness Center,
of October, 2017. 1600 Loras College Parkway, Class C Liquor
Roy D. Buol, Mayor (Catering) (Outdoor) (Sunday)
Attest: Kevin S. Firnstahl, City Clerk The Grand Tap, 802 Central Ave, Class C
Liquor(Outdoor) (Sunday)
15. Alcohol License Applications: City Special Event,
Manager recommending approval of annual The Smokestack 10/11, Jackson St. Between
beer, liquor and wine licenses as submitted. 7t° and 9�° Sts., Special Class C Liquor (Out-
Upon motion the documents were received door)
and filed and Resolution No. 332-17 Approving Best Western Plus Dubuque Hotel / Champps
applications for beer, liquor, and/or wine per- Americana 10/21, 3100 Dodge St, Class B
mits, as required by City of Dubuque Code of Liquor(Outdoor)
Ordinances Title 4 Business and License Reg- Passed, approved and adopted this 2od day
ulations, Chapter 2 Liquor Control, Article B of October, 2017.
Liquor, Beer and Wine Licenses and Permits Roy D. Buol, Mayor
was adopted. Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 332-17 BOARDS/COMMISSIONS
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE- Applicants were invited to address the City
QUIRED BY CITY OF DUBUQUE CODE OF Council regarding their appointment to the
ORDINANCES TITLE 4 BUSINESS AND LI- following Boards/Commissions.
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR, 1. Housing Commission: One, 3-year term
BEER AND WINE LICENSES AND PERMITS through August 17, 2020 (Expired term of Eu-
Whereas, applications for Beer, Liquor, daley). Applicant: Amy Eudaley, 950 Wood St.
and or Wine Permits have been submitted and Ms. Eudaley spoke in support of her appoint-
filed with the City Council for approval and the ment and provided a brief biography.
same have been examined and approved; and
Whereas, the premises to be occupied by 2. Human Rights Commission: One, 3-year
such applicants were inspected and found to term through January 1, 2018 (Vacant term of
comply with the Ordinances of the City and the Templeton Vaughn); and one, 3-year term
applicants have filed the proper fees and through January 1, 2019 (Vacant term of Fish-
bonds and otherwise complied with the re- er). Applicants: Nicole Borovic, 3163 Hillcrest
quirements of the Code of Ordinances. Rd; Gerald Hammel Jr., 1225 '/� Rhomberg
NOW, THEREFORE, BE IT RESOLVED Ave.; and Ashley Melchert, 1265 Thomas PI.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Book 147 Regular Session October 2, 2017 408
Appointments were made to the following ORDINANCE NO.42-17
boards/commissions. AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 9 MOTOR VEHICLES
3. Historic Preservation Commission: Two, AND TRAFFIC, CHAPTER 14 PARKING,
3-year terms through July 1, 2020 (Expired DIVISION 7 RESIDENTIAL PARKING PER-
terms of Klavitter and McAndrews). Applicants: MIT PROGRAM, SECTION 9-14-321.735
David Klavitter, 1090 West 3rd St. (Qualifies RESIDENTIAL PARKING PERMIT DISTRICT
for Langworthy District); and John McAndrews, C AND SECTION 9-14-321.737 RESIDEN-
350 West 1st St. (Qualifies for Cathedral Dis- TIAL PARKING PERMIT DISTRICT E
trict). Motion by Lynch to appoint Mr. Klavitter NOW, THEREFORE, BE IT ORDAINED
and Mr. McAndrews to 3-year terms through BY THE CITY COUNCIL OF THE CITY OF
July 1, 2020. Seconded by Connors. Motion DUBUQUE, IOWA:
carried 7-0. Sedion 1. Section 9-14321.735 of the City
of Dubuque Code of Ordinances is hereby
4. Housing Commission: One, 3-year term amended to read as follows:
through August 17, 2019 (Vacant term of 9-14321.735: RESIDENTIAL PARKING
Wall). Applicant: Nicole Borovic, 3163 Hillcrest PERMIT DISTRICT C:
Rd. Motion by Connors to appoint Ms. Borovic A. The following described area constitutes
to the remainder of a 3-year term through Au- a residential parking permit district designated
gust 17, 2019. Seconded by Resnick. Motion as residential parking permit district C:
carried 7-0. Clarke Drive from the east property line
of 1687 Clarke Drive to St. Ambrose
5. Zoning Advisory Commission: Two, 3- Street.
year terms through July 1, 2020 (Expiring HoytStreet.
terms of Baumhover and Henschel). Appli- North Grandview Avenue, west side,
cants: Steve Baumhover, 2084 Rosemont St.; from Rosedale Street to the north property
and Thomas Henschel, 932 June Dr. Motion line of 2165 North Grandview Avenue, east
by Connors to appoint Mr. Baumhover and Mr. side, from Clarke Drive to the north proper-
Henschel to 3-year terms through July 1, 2020. ty line of 2280 North Grandview Avenue.
Seconded by Resnick. Motion carried 7-0. Saint Ambrose Street, both sides, from
Clarke Drive to Sunnyview Drive.
PUBLIC HEARINGS Sunnyview Drive, from North
Grandview Avenue to St. Ambrose Street.
1. Residential Parking Permit Amendment Ungs Street, south side.
District C and District E: Proof of publication on B. No vehicles shall park curbside in resi-
notice of public hearing to consider an dential parking permit district C during the
amendment to the Saint Ambrose Street Resi- hours of seven thirty o'clock (7:30) a.m. to ten
dential Parking Permit District C, which would o'clock (10:00) p.m. daily, except Sundays and
add both sides of Saint Ambrose Street from holidays, without displaying a valid parking
Clarke Drive to Sunnyview Drive, and an permit issued by the city.
amendment to the Auburn Street Residential Section 2. Section 9-14321.737 of the City
Parking Permit District E, which would add of Dubuque Code of Ordinances is hereby
both sides of Auburn Street, from North amended to read as follows:
Grandview Avenue to Dexter Street and the 9-14321.737: RESIDENTIAL PARKING
City Manager recommending approval. Motion PERMIT DISTRICT E:
by Jones to receive and file the documents A. The following described area constitutes
and that the requirement that a proposed ordi- a residential parking permit district designated
nance be considered and voted on for pas- as residential parking permit district E:
sage at two Council meetings prior to the Algona Street, both sides, from North
meeting at which it is to be passed be sus- GrandviewAvenue to Green Street.
pended. Seconded by Del Toro. Motion carried Auburn Street, both sides, from North
7-0. GrandviewAvenue to Dexter Street.
Motion by Jones for final consideration and Avoca Street, both sides, from Rosedale
passage of Ordinance No. 42-17 Amending Avenue to Green Street.
City of Dubuque Code of Ordinances Title 9 Grandview Avenue, North, south side,
Motor Vehicles and Traffic, Chapter 14 Park- from Avoca Street to Auburn Street.
ing, Division 7 Residential Parking Permit Pro- Rosedale Avenue, north side, from Avo-
gram, Section 9-14321.735 Residential Park- ca Street to the west property line of 2095
ing Permit District C and Section 9-14321.737 Rosedale Avenue.
Residential Parking Permit District E. Second- Rosedale Avenue, south side, from Avo-
ed by Del Toro. Motion carried 7-0. ca Street to the alley west of Avoca Street.
B. No vehicles shall park curbside in resi-
OFFICIAL PUBLICATION dential parking permit district E during the
Book 147 Regular Session, October 2, 2017 409
hours of seven o'clock (7:00) a.m. to two thirty the City Council regarding health concerns
o'clock (2:30) p.m. daily, except Saturdays, with exposure to the frequency output of the
Sundays, and holidays without displaying a meters, the presenters stated that data is
valid parking permit issued by the city. transmitted once per hour and the exposure is
Sedion 3. This Ordinance shall take effect less than that of a cell phone according to a
upon publication. World Health Organization study. Motion by
Passed, approved, and adopted this 2od Lynch to receive and file the information. Se-
day of October, 2017. conded by Connors. Motion carried 6-1 with
/s/Roy D. Buol, Mayor Del Toro voting nay.
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald 3. SRF Rate Reset and Reissuance for
newspaper on the 6t°day of October, 2017. 2007 Water Revenue Capital Loan: City Man-
/s/Kevin S. Firnstahl, City Clerk ager recommending approval of an amend-
ment to the City Water Revenue Drinking Wa-
ACTION ITEMS ter State Revolving Fund Loan Agreement
entered into as of October 18, 2007. Motion by
1. Greater Dubuque Development Corpo- Connors to receive and file the documents and
ration - Quarterly Update: President and CEO adopt Resolution No. 333-17 Approving and
Rick Dickinson presented the quarterly update authorizing an Amendment to Loan and Dis-
on the activities of the Greater Dubuque De- bursement Agreement by and between the
velopment Corporation. Topics included the City of Dubuque and the lowa Finance Authori-
recent groundbreaking for the new Flexsteel ty, and Authorizing and providing for the reis-
Industries, Inc. facility; Director of Marketing suance of the $571,000 Water Revenue Capi-
Emily Graves receiving an award for the 2020 tal Loan Note, Series 2017 (2007 — Rate Re-
Campaign brochure; Workforce Solutions Co- set), of the City. Seconded by Lynch. Motion
ordinator Mandi Mohr and Vice President of carried 7-0.
Existing Businesses Dan McDonald presenta-
tion at a conference about software that pro- RESOLUTION NO: 333-17
vides for contacting and connecting with busi- APPROVING AND AUTHORIZING AN
nesses, Heartland Financial, Inc.'s current AMENDMENT TO LOAN AND DISBURSE-
buildout in the Roshek Building; work with ex- MENT AGREEMENT BY AND BETWEEN
isting business continues; progress on the THE CITY OF DUBUQUE AND THE IOWA
Four Pillars of Action program; partnerships; FINANCE AUTHORITY, AND AUTHORIZING
and reconstituting the Washington Neighbor- AND PROVIDING FOR THE REISSUANCE
hood Association as part of the True North OF THE $571,000 WATER REVENUE CAPI-
Program. Mr. Dickinson thanked the citizens TAL LOAN NOTE, SERIES 2017 (2007 —
and City staff for their support. Motion by RATE RESET),OF THE CITY
Lynch to receive and file the information. Se- Whereas, the City of Dubuque (hereinafter
conded by Resnick. Motion carried 7-0. the "Issuer") previously issued its Water Reve-
nue Capital Loan Note, Series 2007, dated
2. Alliant Energy Smart Meters: Alliant En- October 18, 2007, in the amount of$1,037,000
ergy Key Account Manager Craig Clefisch and (hereinafter the "Notes") currently outstanding
Dubuque Operations Manager Ken Anthony in the amount of$571,000, pursuant to a Loan
gave a verbal report on Alliant Energy's plans and Disbursement Agreement between Issuer,
to upgrade residential and small business the lowa Finance Authority, the lowa Depart-
electric meters in Dubuque to smart meters. ment of Natural Resources and Wells Fargo
Topics included the mailing of informational Bank, N.A., dated of like date (the "Agree-
postcards to residents; door cards will be dis- menY'), for the purpose of defraying the costs
tributed if contractors need to access the resi- of the Project (as defined in the resolution au-
dence; meters will be changed out in accord- thorizing issuance of the same (hereinafter the
ance with current meter reading routes; a pilot "Resolution")); and
program of 250 meters changed out will assist Whereas, the lowa Finance Authority, as
in verification of ineter information; uninter- Original Purchaser and current holder of the
rupted meter reading is expected during the Notes, has authorized a reduction in the inter-
change out; the meter will alert for power out- est rate on the Notes to 1.75%; and
ages and tampering; future customer portals Whereas, an Amendment to the Loan and
and adapting to rate structures. Alliant has Disbursement Agreement (hereinafter the
coordinated with the Police Department re- "AmendmenY') has been prepared to reflect
garding contractors working in neighborhoods. said interest rate reduction, a copy of which is
Mr. Clefisch stated that residents should watch attached hereto as Exhibit A; and
for appropriate identification and attire of legit-
imate contractors on their property or ap-
proaching them. Responding to questions from
Book 147 Regular Session October 2, 2017 410
Whereas, pursuant to IRS regulations that he'll have a flag signed by the event par-
adoption of the Amendment constitutes a reis- ticipants at the next Council meeting to be
suance of the Notes. presented to the Convention and Visitors Bu-
NOW, THEREFORE, BE IT RESOLVED reau.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IN THE COUNTY OF DUBUQUE, There being no further business, upon mo-
STATE OF IOWA: tion the City Council adjourned at 6:57 p.m.
Sedion 1. That the Resolution is hereby
amended to reflect the interest rate reduction /s/Kevin S. Firnstahl, CMC, City Clerk
to 1.75% per annum on the outstanding princi-
pal amount from and after December 1, 2017
for the remainder of the life of the Notes.
Section 2. That the Amendment in sub-
stantially in the form attached to this Resolu-
tion is hereby authorized to be executed and
issued on behalf of the Issuer by the Mayor
and attested by the City Clerk.
Section 3. That the Supplemental Tax Cer-
tificate regarding the uses of proceeds and the
system is hereby approved. The City Clerk is
directed to execute the same.
Section 4. Except as amended herein, all
of the other terms and conditions of the Reso-
lution and Agreement are in all respects rati-
fied, confirmed and approved and shall remain
in full effect.
Passed and approved this 2od day of Odo-
ber, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Request for Work Session - Quarterly
Sustainable Dubuque Work Session: The City
Manager recommending that the City Council
schedule a Sustainable Dubuque Quarterly
Work Session for Monday, November 13,
2017, at 6:00 p.m. Motion by Connors to set
the work session as recommended. Seconded
by Resnick. Motion carried 7-0.
5. Southwest Arterial Construction Update
Video: Cable TV Division will show a video of
the recent progress of the Southwest Arterial
Projed. Motion by Lynch to receive and file the
information. Seconded by Jones. Motion car-
ried 7-0.
COUNCIL MEMBER REPORTS
Council Member Connors reported on the
recent Fireball Run event and its Dubuque
Team stating that she received very positive
feedback about Dubuque from participants and
visitors associated with the event.
Council Member Jones added that Ms.
Connors received kudos following presentation
of the proclamation commemorating the event.
Mr. Jones referenced the mission of the event
to successfully locate missing children, and
Book 147 Special Session, October 3, 2017 411
CITY OF DUBUQUE, IOWA program has had tremendous impact nation-
CITY COUNCIL PROCEEDINGS Wide, creating over 2.4 million jobs, rehabilitat-
SPECIAL SESSION ing more than 42,000 buildings, and leveraging
$131.8 billion in private investment; and
OFFICIAL Whereas, because of the FHTC program,
the State of lowa has experienced exceptional
The Dubuque City Council met in special economic growth. From 2002 to 2016, the
session at 5:30 p.m. on October 3, 2017 in FHTC program invested $195 million in 257
Conference Room B at City Hall 50 West 13�n projects across lowa. That amount leveraged
Street. an additional $979 million of private invest-
ment, for a total investment of almost $1.2
Present: Mayor Buol; Council Members billion. These projects created 10,817 perma-
Connors (5:31 p.m.), Del Toro (5:31 p.m.), nentjobs and an additional 8,997 construction
Jones, Lynch, Resnick, Rios (5:31 p.m.); City jobs with a total income, net of taxes, of almost
Manager Van Milligen, City Attorney Brumwell $1.1 billion. Most importantly, the income gen-
erated by these jobs and businesses added
Mayor Buol read the call and stated this is $229 million to local, state and federal tax cof-
a special session of the City Council called for fers, with the federal government realizing a
the purpose of conducting such business that revenue gain of$174 million; and
may properly come before the City Council. Whereas, the FHTC program leverages
four private dollars for every dollar of federal
ACTION ITEMS support. FHTC program projects are catalytic,
generating addition real estate investment in
1. Proposed Federal Tax Policy Reform: nearby properties spurring an area-wide revi-
Federal Historic Preservation Tax Credit and talization cycle. To date, the $25 billion in fed-
State and Local Tax Dedudibility: City Manag- eral historic tax credits issued over the life of
er recommending Mayor and City Council ap- the FHTC program has generated more than
proval to adopt two resolutions related to the $30 billion in federal tax revenue, a net gain to
new proposal coming from the Congressional the federal treasury of$5 billion; and
and Executive branches to reduce federal in- N/hereas, the FHTC program, combined
come taxes. Motion by Lynch to receive and with the lowa Historic Tax Credit, is a powerful
file the documents and adopt Resolution No. tool that has led to the redevelopment of such
334-17 Resolution of the City Council of the vacant, blighted and/or underutilized buildings
City of Dubuque, lowa Affirming Its Support of in Dubuque as the Cottingham & Butler Head-
The Federal Historic Tax Credit Program; and quarters (former Stampfers / Security Build-
Resolution No. 335-17 Resolution of the City ing), the Town Clock Building, several build-
Council of the City of Dubuque, lowa Affirming ings on Upper Main and the Old Main District,
its Support of the State and Local Tax (Salt) the Roshek Building, Hotel Julien, Cooper
Deduction. Seconded by Resnick. Motion car- Wagon Works, the Franklin School Apart-
ried 7-0. ments, Cathedral Square Apartments, CA-
John Gronen, President of Gronen Proper- RADCO Building/Schmid Innovation Center,
ties, 900 Jackson Street; and Andrew Butler, Novelty Iron Works, Linseed Lofts, the River-
President of SISCO & HealthCorp for Cotting- view Apartments, the Francis Apartments and
ham & Butler, 800 Main Street, spoke in sup- many others. Because of the FHTC program,
port of the resolutions on behalf of a group of these buildings were returned to both full utili-
over 80 supporters present and responded to zation and to the local tax rolls; and
questions from the City Council about efforts to N/hereas, there remains over one million
communicate the message to federal legisla- square feet of vacant or underutilized space in
tors. Dubuque buildings in need of rehabilitation
which would qualify for the Federal Historic
RESOLUTION NO. 334-17 Tax Credit, including buildings on Main Street,
RESOLUTION OF THE CITY COUNCIL OF Central Avenue, the Millwork District, and the
THE CITY OF DUBUQUE, IOWA AFFIRMING Dubuque Brewing and Malting Complex (for-
ITS SUPPORT OF THE FEDERAL HISTORIC mer H&W terminal) on the far north side. Re-
TAX CREDIT PROGRAM habilitation of most of these buildings and sites
Whereas, the Federal Historic Tax Credit will not be financially feasible without the Fed-
program (FHTC program) in its current form eral Historic Tax Credit.
was enacted by Congress and the Reagan NOW THEREFORE BE IT RESOLVED by
Administration to attract capital to historic re- the City Council of the City of Dubuque that
habilitation projects that help stimulate local the Dubuque City Council supports the Federal
economies; and Historic Tax Credit program and urges Presi-
Whereas, since its inception the FHTC dent Trump and the Congress to continue the
Federal Historic Tax Credit program
Book 147 Special Session October 3, 2017 412
BE IT FURTHER RESOLVED by the City There being no further business, upon mo-
Council of the City of Dubuque that the Dubu- tion the City Council adjourned at 5:44 p.m.
que City Council urges Congressman Rod
Blum, Senator Chuck Grassley and Senator /s/Kevin S. Firnstahl, CMC, City Clerk
Joni Ernst to fully support Federal Historic Tax
Credit Program and to refrain from supporting
any tax reform proposal that does not include
the Federal Historic Tax Credit Program.
Passed, approved, and adopted this 3rd
day of Odober, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 335-17
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA AFFIRMING
ITS SUPPORT OF THE STATE AND LOCAL
TAX(SALT) DEDUCTION
Whereas, the State and Local Tax (SALT)
Deduction has been in existence since the
federal income tax was adopted in 1913; and
Whereas, the SALT Deduction policy re-
spects the independent state and local gov-
ernment tax structures and contributes to
growth and stability by providing local tax rev-
enues for essential services; and
Whereas, the SALT Dedudion policy sup-
ports local property taxpayers by ensuring they
are not doubly taxed and preventing double
taxation; and
Whereas, The SALT Deduction provides
for local governmenYs ability to build and
maintain infrastructure including schools, sew-
ers and public transportation systems and
supports other essential services which are
paid for by revenues generated by local taxes;
and
Whereas, the SALT Dedudion is funda-
mental to the way the City of Dubuque creates
a budget and provides essential services to its
citizens and is a cornerstone of fiscal federal-
ism which has existed for over 100 years.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The City Council of Dubuque supports
the SALT Dedudion policy and urges Presi-
dent Trump and the Congress to continue to
support the SALT Deduction program.
2. The City Council of the City of Dubuque
urges Congressman Rod Blum, US Senator
Charles Grassley and US Senator Joni Ernst
to fully support the continuation of the SALT
Deduction policy and refrain from supporting
tax policy reform that would negatively impact
the City of Dubuque and its citizens.
Passed, approved and adopted this 3rd day
of October, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Book 147 Special Session, October 12, 2017 413
CITY OF DUBUQUE, IOWA 226; all in East Dubuque, an Addition to the
CITY COUNCIL PROCEEDINGS City of Dubuque, lowa, according to the rec-
orded Plat thereof, subject to easements of
SPECIAL SESSION record.
OFFICIAL The Northeasterly 35 feet of Lots 222, 223,
224, 225 and 226 in East Dubuque, an Addi-
The Dubuque City Council met in special tion to the City of Dubuque, lowa, according to
session at 5:30 p.m. on October 12, 2017 in the recorded Plat thereof, subject to ease-
the Historic Federal Building, 350 W. 6�n ments of record.
Street. The vacated alley abutting Lots 177, 178,
179, 180 and 181, and the westerly 65 feet of
Present: Mayor Buol; Council Members lots 222, 223, 224, 225 and 226, in East
Connors, Jones, Lynch, Resnick, Rios; City Dubuque, an Addition to the City of Dubuque,
Manager Van Milligen, Assistant City Attorney lowa, according to the recorded Plat thereof,
Quann subjectto easements of record.
The Northerly half of Lot 175 in East
Absent: Council Member Del Toro Dubuque, an Addition to the City of Dubuque,
lowa, according to the recorded Plat thereof,
Mayor Buol read the call and stated this is subjectto easements of record.
a special session of the City Council called for Lot 176, and the Southerly half of Lot 175
the purpose of conducting such business that in East Dubuque, an Addition to the City of
may properly come before the City Council. Dubuque, lowa, according to the recorded Plat
thereof, subject to easements of record.
ACTION ITEMS S 1/2 OF LOT 174 EAST DUBUQUE ADD
N 1/2 OF LOT 174 EAST DUBUQUE ADD
1. Metx, LLC Development Agreement: S 25.7' OF LOT 173 EAST DUBUQUE
City manager recommending approval of a ADD; and
Development Agreement between the City of Whereas, City is the owner of the following
Dubuque and Mebc, LLC, to redevelop proper- described real estate (the City Property):
ty at 1690 Elm Street. Motion by Lynch to re- Lot 1 of Marde Place in the City of Dubu-
ceive and file the documents and adopt Reso- que, lowa
lution No. 336-17 Approving a Development Lot 176A of East Dubuque Addition
Agreement by and between the City of Dubu- All that portion of the 20-foot alley between
que, lowa and Mebc, LLC providing for the Elm Street and Pine Street lying north of East
issuance of Urban Renewal Tax Increment 17th Street and south of East 18t° Street (20'
Revenue Obligations for the redevelopment of wide alley)
1690 Elm Street. Seconded by Resnick. Re- Whereas, the Developer Property and City
sponding to questions from the City Council Property are located within the Greater pown-
and addressing the recent public right-of-way town Urban Renewal District (the Project Ar-
work being done on Elm Street by the City, ea); and
City Manager Van Milligen stated that the con- Whereas, the City Property will be con-
tractual completion date for this project is June veyed to Mebc, LLC. subject to a public hearing
1, 2019; and that since this work is a private on the disposition of municipally-owned real
project, there should be minimal road clo- estate and the issuance of tax increment fi-
sures/detours, which wnuld meet proper nance obligations; and
standards. He added that the contrador is a N/hereas, Developer has undertaken the
resident of the neighborhood, and, therefore, redevelopment of a building located on the
sensitive to local businesses. Motion carried 6-0. Developer Property; and
Whereas, Developer intends to redevelop
RESOLUTION NO. 336-17 the City Property as well; and
APPROVING A DEVELOPMENT AGREE- N/hereas, Developer has substantial exper-
MENT BY AND BETWEEN THE CITY OF tise in redevelopment of buildings located in
DUBUQUE, IOWA AND METX, LLC PROVID- the City; and
ING FOR THE ISSUANCE OF URBAN RE- N/hereas, Developer will make an addi-
NEWAL TAX INCREMENT REVENUE OBLI- tional capital investment in building improve-
GATIONS FOR THE REDEVELOPMENT OF ments, equipment, furniture and fixtures in the
1690 ELM STREET Developer Property (the Projed); and
Whereas, Metx, LLC is the owner of the N/hereas, as of this time there has been
following described real estate (the Developer prepared and approved by City an Urban Re-
Property): newal Plan for the Project Area consisting of
Lots 177, 178, 179, 180 and 181, and, the the Urban Renewal Plan for the Greater pown-
westerly 65 feet of lots 222, 223, 224, 225 and town Urban Renewal District, approved by the
City Council of City on May 18, 1967, and as
Book 147 Special Session October 12, 2017 414
subsequently amended through and including URBAN RENEWAL TAX INCREMENT REV-
the date hereof(the Urban Renewal Plan); and ENUE OBLIGATIONS FOR THE REDEVEL-
Whereas, a copy of the Urban Renewal OPMENT OF 101 EAST 15T"STREET
Plan, as constituted on the date of this Agree- Whereas, SS Event Center, LLC is the
ment, is on file with the City of Dubuque City owner of the following described real estate
Clerk and the Dubuque County Auditor; and (the Property): CITY LOT 484; locally known
Whereas, pursuant to lowa Code Section as 101 East 15t°Street; and
403.6(1), and in conformance with the Urban Whereas, the Property is located within the
Renewal Plan for the Project Area adopted on Greater powntown Urban Renewal District
May 18, 1967 and last amended on June 5, (the Project Area); and
2017, City has the authority to enter into con- Whereas, Developer has undertaken the
tracts and agreements to implement the Urban redevelopment of a building located on the
Renewal Plan, as amended; and Developer Property; and
Whereas, it is the determination of the City Whereas, Developer has substantial exper-
Council that approval of the Development tise in redevelopment of buildings located in
Agreement, for redevelopment of the Property the City; and
by Mebc, LLC according to the terms and con- Whereas, Developer will make an addi-
ditions set out in the Development Agreement tional capital investment in building improve-
is in the public interest of the City of Dubuque. ments, equipment, furniture and fixtures in the
NOW, THEREFORE, BE IT RESOLVED Property (the Project); and
BY THE CITY COUNCIL OF THE CITY OF Whereas, there has been prepared and
DUBUQUE, IOWA: approved by City an Urban Renewal Plan for
Section 1. That the Development Agree- the Project Area consisting of the Urban Re-
ment by and between the City of Dubuque and newal Plan for the Greater powntown Urban
Metx, LLC, a copy of which is attached hereto, Renewal District, approved by the City Council
is hereby approved subject to the public hear- of City on May 18, 1967, and as subsequently
ings required by law for the disposition on mu- amended through and including the date here-
nicipally owned-real estate and approval of tax of(the Urban Renewal Plan); and
incrementfinancingobligations. Whereas, a copy of the Urban Renewal
Sedion 2. That the Mayor is hereby au- Plan, as constituted on the date of this Agree-
thorized and directed to execute the Develop- ment, is on file with the City of Dubuque City
ment Agreement on behalf of the City of Clerk and the Dubuque County Auditor; and
Dubuque and the City Clerk is authorized and Whereas, pursuant to lowa Code Section
directed to attest to his signature. 403.6(1), and in conformance with the Urban
Sedion 3. That the City Manager is author- Renewal Plan for the Projed Area adopted on
ized to take such actions as are necessary to May 18, 1967 and last amended on June 5,
comply with the terms of the Development 2017, City has the authority to enter into con-
Agreement as herein approved. tracts and agreements to implement the Urban
Passed, approved and adopted this 12t° Renewal Plan, as amended; and
day of October, 2017. Whereas, it is the determination of the City
Roy D. Buol, Mayor Council that approval of the Development
Attest: Kevin S. Firnstahl, City Clerk Agreement, for redevelopment of the Property
by SS Event Center, LLC according to the
2. Steeple Square (SS Event Center, LLC) terms and conditions set out in the Develop-
Development Agreement: City Manager rec- ment Agreement is in the public interest of the
ommending approval of a Development City of Dubuque.
Agreement between the City of Dubuque and NOW, THEREFORE, BE IT RESOLVED
SS Event Center, LLC, to redevelop property BY THE CITY COUNCIL OF THE CITY OF
at 101 East 15t° Street. Motion by Lynch to DUBUQUE, IOWA:
receive and file the documents and adopt Section 1. That the Development Agree-
Resolution No. 337-17 Approving a Develop- ment by and between the City of Dubuque and
ment Agreement by and between the City of SS Event Center, LLC, a copy of which is at-
Dubuque, lowa and SS Event Center, LLC tached hereto, is hereby approved subjed to
providing for the issuance of Urban Renewal the public hearings required by law for the
Tax Increment Revenue Obligations for the approval of tax increment financing obliga-
redevelopment of 101 East 15t° Street. Se- tions.
conded by Connors. Motion carried 6-0. Sedion 2. That the Mayor is hereby au-
thorized and direded to execute the Develop-
RESOLUTION NO. 337-17 ment Agreement on behalf of the City of
APPROVING A DEVELOPMENT AGREE- Dubuque and the City Clerk is authorized and
MENT BY AND BETWEEN THE CITY OF direded to attest to his signature.
DUBUQUE, IOWA AND SS EVENT CENTER,
LLC PROVIDING FOR THE ISSUANCE OF
Book 147 Special Session, October 12, 2017 415
Sedion 3. That the City Manager is author- by Rouse and Dean Foundry Building, LLC
ized to take such actions as are necessary to according to the terms and conditions set out
comply with the terms of the Development in the Development Agreement is in the public
Agreement as herein approved. interest of the City of Dubuque.
Passed, approved and adopted this 12t° NOW, THEREFORE, BE IT RESOLVED
day of Odober, 2017. BY THE CITY COUNCIL OF THE CITY OF
Roy D. Buol, Mayor DUBUQUE, IOWA:
Attest: Kevin S. Firnstahl, City Clerk Section 1. That the Development Agree-
ment by and between the City of Dubuque and
3. Rouse & Dean Foundry Building, LLC Rouse and Dean Foundry Building, LLC, a
Development Agreement: City Manager rec- copy of which is attached hereto, is hereby
ommending approval of a Development approved.
Agreement between the City of Dubuque and Section 2. That the Mayor is hereby au-
Rouse and Dean Foundry Building, LLC to thorized and direded to execute the Develop-
redevelop property at 990 Washington Street ment Agreement on behalf of the City of
(aka Alamo Building). Motion by Lynch to re- Dubuque and the City Clerk is authorized and
ceive and file the documents and adopt Reso- directed to attest to his signature.
lution No. 338-17 Approving a Development Section 3. That the City Manager is author-
Agreement by and between the City of Dubu- ized to take such actions as are necessary to
que, lowa and Rouse and Dean Foundry comply with the terms of the Development
Building, LLC for the redevelopment of 990 Agreement as herein approved.
Washington Street. Seconded by Connors. Passed, approved and adopted this 12�n
Motion carried 6-0. day of Odober, 2017.
Roy D. Buol, Mayor
RESOLUTION NO. 338-17 Attest: Kevin S. Firnstahl, City Clerk
APPROVING A DEVELOPMENT AGREE-
MENT BY AND BETWEEN THE CITY OF There being no further business, upon mo-
DUBUQUE, IOWA AND ROUSE AND DEAN tion the City Council adjourned at 5:39 p.m.
FOUNDRY BUILDING, LLC FOR THE RE-
DEVELOPMENT OF 990 WASHINGTON /s/Kevin S. Firnstahl, CMC, City Clerk
STREET
Whereas, Rouse and Dean Foundry Build-
ing, LLC. is the owner of the following de-
scribed real estate (the Property): LOT 1-1
CENTER CITY PLACE #3; locally known as
990 Washington Street; and
Whereas, the Property is located in the
Greater powntown Urban Renewal District
(the District) which has been so designated by
City Council Resolution 206-17 as a slum and
blighted area (the Projed Area) defined by
lowa Code Chapter 403 (the Urban Renewal
Law); and
Whereas, Developer will undertake the re-
development of a vacant building located on
the Property; and
Whereas, Developer will make a capital in-
vestment in building improvements, equip-
ment, furniture and fixtures on the Property;
and
Whereas, the Property is historically signif-
icant and it is in the City's best interest to pre-
serve the Property; and
Whereas, pursuant to lowa Code Section
403.6(1), and in conformance with the Urban
Renewal Plan for the Projed Area adopted on
May 18, 1967 and last amended on June 5,
2017, City has the authority to enter into con-
tracts and agreements to implement the Urban
Renewal Plan, as amended; and
Whereas, it is the determination of the City
Council that approval of the Development
Agreement, for redevelopment of the Property
Book 147 Regular Session October 16, 2017 416
CITY OF DUBUQUE, IOWA 2. Lights on After School Day (October 26,
CITY COUNCIL PROCEEDINGS zo��� was accepted by Beth McGorry, St.
Mark Youth Enrichment Outreach Coordinator
REGULAR SESSION
OFFICIAL 3. Gentleman Day Proclamation (October
26, 2017) was accepted by Waypoint of Dubu-
The Dubuque City Council met in regular que representatives.
session at 6:00 p.m. on October 16, 2017 in
the Historic Federal Building, 350 W. 6�n CONSENT ITEMS
Street.
Motion by Lynch to receive and file the
Present: Mayor Buol; Council Members documents, adoptthe resolutions, and dispose
Connors, Del Toro (arrived at 6:02 p.m.), of as indicated. Seconded by Connors. Motion
Jones, Lynch, Resnick, Rios; City Manager carried 7-0.
Van Milligen, City Attorney Brumwell (via
phone) 1. Minutes and Reports Submitted: City
Council Proceedings of 10/2, 10/3; Five Flags
Mayor Buol read the call and stated this is Civic Center Commission of 9/25; Historic
a regular session of the City Council called for Preservation Commission of 9/21; Library
the purpose of conducting such business that Board of Trustees Council Update #154 of
may properly come before the City Council. 9/27; Park and Recreation Commission of
9/19; Transit Advisory Board of 9/19; Zoning
PLEDGE OF ALLEGIANCE Advisory Commission of 10/4; Zoning Board of
Adjustment of 9/28; Proof of Publication for
PRESENTATION(S) City Council Proceedings of 9/18; Proof of
Publication for List of Claims and Summary of
1. CNG Truck Display: Prior to the meet- Revenues for Month Ending 8/31. Upon mo-
ing, the Public Works Department had the new tion the documents were received and filed.
Compressed Natural Gas (CNG) 58,000 GVW
snow and ice control/street maintenance unit 2. Notice of Claims and Suits: Shirley
and pickup truck on display along 6t° Street. Bolds for personal injury, Kevin Chapman for
vehicle damage, Jennifer Griner for vehicle
2. Imagine Dubuque American Planning damage, Bruce Krolick for vehicle damage,
Association Award: Planning Services Manag- Clarella Lange for property damage, Stephanie
er Laura Carstens presented the Public Out- Mihalakis for vehicle damage. Upon motion the
reach award from the Dubuque lowa Chapter documents were received, filed, and referred
of the American Planning Association (APA) to to the City Attorney.
the City of Dubuque and Teska Associates,
Inc. for the Imagine Dubuque Community En- 3� Disposition of Claims: City Attorney ad-
gagement Plan. vising that the following claims have been re-
ferred to Public Entity Risk Services of lowa,
3. Dubuque Main Street 2017 Best Public the agent for the lowa Communities Assurance
Improvement Award: Dubuque Main Street Pool: Shirley Bonds for personal injury, Kevin
Executive Director Dan LoBianco presented Chapman for vehicle damage, Michael Elliott
the agency's 2017 Best Public Improvement for property damage, Jennifer Griner for vehi-
Award to the City for the Bee Branch Creek cle damage, Bruce Krolick for vehicle damage,
Greenway. Clarella Lange for property damage, Stephanie
Mihalakis for vehicle damage, Aaron and Ash-
4. American Public Works Association Fall ley Skrocki for property damage. Upon motion
Conference Awards: Civil Engineer Jon Dienst, the documents were received, filed, and con-
current president of the lowa Chapter of the curred.
APWA, presented the APWA lowa Chapter's
Stan Ring Award to Public Works Director 4. Four Mounds Public Information Bro-
John Klostermann and the APWA Project of chure: City Manager transmitting the Four
the Year Award to the City for the North Mounds public information brochure. Upon
Grandview Ave./Delhi St./Grace St. Rounda- motion the document was received and filed.
bout project.
5. Authorized Depository Institutions: City
PROCLAMATION(S) Manager recommended approval of a resolu-
tion increasing the maximum authorized bal-
1. Theisen's Day (October 18, 2017) was ance at DuTrac Community Credit Union
accepted by Mayor Buol. �
Book 147 Regular Session, October 16, 2017 417
Upon motion the documents were received 7. Compromised Workers' Compensation
and filed and Resolution No. 339-17 Naming Settlement - Alan Vondran: City Attorney
Depositories was adopted. Crenna Brumwell recommended approval of a
Compromised Settlement Agreement regard-
RESOLUTION NO. 339-17 ing a Workers' Compensation claim filed by
RESOLUTION NAMING DEPOSITORIES Alan Vondran. Upon motion the documents
Whereas, Chapter 12C2 of the 2201 Code were received, filed and approved.
of lowa states that the approval of a financial
institution as a depository shall be by written 8. Forestry Technician Classification: City
resolution or order which shall be entered of Manager requesting that the vacant Mainte-
record in the minutes of the approving board, nance Worker position in the Forestry activity
and which shall distinctly name each deposito- of the Leisure Services Department be reclas-
ry approved, and specify the maximum amount sified as a Forestry Technician to better meet
which may be kept on deposit in each deposi- the needs of the department. Upon motion the
tory; and documents were received, filed and approved.
Whereas, this procedure is required if a fi-
nancial institution changes its name or home 9. Pre-Annexation Agreement— McAllister:
office location, if the maximum amount is City Manager recommended approval of a
changed, or if a financial institution is added or Pre-Annexation Agreement with Patrick T. and
deleted. Bonnie J. McAllister, property owners of Lot 14
NOW, THEREFORE, BE IT RESOLVED in Twin Ridge Subdivision No. 5. Upon motion
BY THE CITY COUNCIL OF THE CITY OF the documents were received and filed and
DUBUQUE, IOWA: Resolution No. 340-17 Approving a Pre-
Section 1. That the following financial insti- Annexation Agreement between the City of
tutions are approved to be depositories of the Dubuque, lowa and Patrick T. and Bonnie J.
City of Dubuque, lowa funds in conformance McAllister was adopted.
with all applicable provisions of the 2001 lowa
Code Chapter 12C.2. The City Treasurer is RESOLUTION NO. 340-17
hereby authorized to deposit City of Dubuque, APPROVING A PRE-ANNEXATION
lowa funds in amounts not to exceed the max- AGREEMENT BETWEEN THE CITY OF
imum approved for each respective financial DUBUQUE, IOWA AND PATRICK T. AND
institution as set out below. BONNIE J. MCALLISTER
Depository Name, Location of Home Office, Whereas, Patrick T. and Bonnie J. McAllis-
Maximum Balance ter, owners of the following described property
American Trust&Savings Bank, Dubuque, IA., in Dubuque County, lowa (the Property) have
$60,000,000 submitted to the City Council of the City of
Dubuque Bank & Trust Company, Dubuque, Dubuque an application for voluntary annexa-
IA, $60,000,000 tion of the Property to the City of Dubuque:
U.S. Bank, Minneapolis, MI., $40,000,000 Lot 14 in Twin Ridge Subdivision No. 5 in
Dupaco Community Credit Union, Dubuque, Section 12 in Table Mound Township, Dubu-
IA., $20,000,000 que County, lowa, according to the recorded
DuTrac Community Credit Union, Dubuque, platthereof; and
IA., $30,000,000 Whereas, Patrick T. and Bonnie J. McAllis-
Premier Bank, Dubuque, IA., $20,000,000 ter have entered into a Pre-annexation
East Dubuque Savings Bank, Dubuque, IA., Agreement with the City of Dubuque a copy of
$20,000,000 which is attached hereto governing the future
Fidelity Bank & Trust, Dyersville, IA., annexation of the Property; and
$40,000,000 Whereas, the Property is not subject to an
Frost Bank, San Antonio, TX., $ 100,000 existing annexation moratorium; and
Hometown Bank, Fond du Lac, WI., $ 250,000 Whereas, the Property does not include
Passed, approved and adopted this 16t° any state or railroad property; and
day of Odober, 2017. Whereas, lowa Code Section 368.7 author-
Roy D. Buol, Mayor izes the voluntary annexation of property in
Attest: Kevin S. Firnstahl, City Clerk Dubuque County, lowa and the extension of
city limits by voluntary annexation; and
6. Consent Decree Semi Annual Report - Whereas, the annexation of the Property is
September 30, 2017: City Manager transmit- consistent with the Comprehensive Plan of the
ting the September 30, 2017 Semi Annual City of Dubuque, necessary for the future or-
Consent Decree Report that has been submit- derly growth and development of the City of
ted to the United States Environmental Protec- Dubuque, and will promote efficient and cost
tion Agency as required by the Consent De- effective extension of municipal services; and
cree. Upon motion the document was received
and filed.
417
Book 147 Regular Session October 16, 2017 418
Whereas, the City Council finds that the izes the voluntary annexation of property in
annexation of the Property is in the public in- Dubuque County, lowa and the extension of
terest. city limits by voluntary annexation; and
NOW THEREFORE, BE IT RESOLVED Whereas, the annexation of the Property is
BY THE CITY COUNCIL OF THE CITY OF consistent with the Comprehensive Plan of the
DUBUQUE, IOWA: City of Dubuque, necessary for the future or-
Section 1. The Pre-annexation Agreement derly growth and development of the City of
by and between Patrick T. and Bonnie J. McAI- Dubuque, and will promote efficient and cost
lister and the City of Dubuque is hereby ap- effective extension of municipal services; and
proved. Whereas, the City Council finds that the
Passed, approved and adopted this 16t° annexation of the Property is in the public in-
day of Odober, 2017. terest.
Roy D. Buol, Mayor NOW THEREFORE, BE IT RESOLVED
Attest: Kevin S. Firnstahl, City Clerk BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
10. Pre-Annexation Agreement — Quade: Section 1. The Pre-annexation Agreement
City Manager recommended approval of a by and between Mark W. Quade and E. M.
Pre-Annexation Agreement with Mark W. Quade Company, LLC., an lowa Limited Liabil-
Quade and E. M. Quade Company, LLC., for ity Company and the City of Dubuque is here-
the subject property (between Swiss Valley by approved.
Road and U.S. Hwy 151 known formerly as Passed, approved and adopted this 16�n
Fulmer Road and in conjunction with approval day of October, 2017.
of the Plat of Survey of Waldbillig Farm, Dubu- Roy D. Buol, Mayor
que County). Upon motion the documents Attest: Kevin S. Firnstahl, City Clerk
were received and filed and Resolution No.
341-17 Approving a Pre-Annexation Agree- 11. Site Plan for Dagmar Industries, LLC -
ment between the City of Dubuque, lowa and Cedar Lake Plaza Planned Unit Development
Mark W. Quade and E. M. Quade Company, (PUD): The Zoning Advisory Commission rec-
LLC, an lowa Limited Liability Company was ommended approval of the site plan for Dag-
adopted. mar Industries, LLC in Cedar Lake Plaza PUD
on Lake Ridge Drive. Upon motion the docu-
RESOLUTION NO. 341-17 mentswere received, filed and approved.
APPROVING A PRE - ANNEXATION
AGREEMENT BETWEEN THE CITY OF 12. Creek Wood Park - Acceptance of
DUBUQUE, IOWA AND MARK W. QUADE Deed for Park Lot 12 in Timber-Hyrst Estates:
AND E. M. QUADE COMPANY, LLC AN 10- City Manager recommended acceptance of
WA LIMITED LIABILITY COMPANY property from North Cascade Road Develop-
Whereas, Mark W. Quade and E. M. ers, LLC for Creek Wood Park. Upon motion
Quade Company, LLC., an lowa Limited Liabil- the documents were received and filed and
ity Company, the owner of the following de- Resolution No. 342-17 Accepting the Deed to
scribed property in Dubuque County, lowa (the certain real estate in Dubuque County, lowa
Property) have submitted to the City Council of from North Cascade Road Developers, LLC
the city of Dubuque an application for volun- was adopted.
tary annexation of the Property to the City of
Dubuque: RESOLUTION NO. 342-17
Lot 2 of the "area known formerly as the ACCEPTING THE DEED TO CERTAIN REAL
Fulmer Road" of the NE '/a NW '/a, remainder ESTATE IN DUBUQUE COUNTY, IOWA
of the NE'/a NW'/a, SE'/a NW'/a, NE'/a SW'/a, FROM NORTH CASCADE ROAD DEVEL-
Lot 1 of the SE '/a SW '/a, all of Section 21 & OPERS, LLC
Lot 2 of the NE '/a NW '/a of Section 28, all of Whereas, North Cascade Road Develop-
T88N, R2E of the 5th P.M. in Dubuque Coun- ers is the owner of certain real property in
ty, lowa; and Dubuque County, lowa, described as follows:
Whereas, Mark W. Quade and E. M. Lot 12 of Timber-Hyrst Estates in the City
Quade Company, LLC., an lowa Limited Liabil- of Dubuque, lowa; and
ity Company has entered into a Pre- Whereas, said real property is needed to
annexation Agreement with the City of Dubu- construct a public park in the Timber-Hyrst
que a copy of which is attached hereto govern- Estates Subdivision; and
ing the future annexation of the Property; and Whereas, North Cascade Road Develop-
Whereas, the Property is not subjed to an ers have executed a Deed conveying said real
existing annexation moratorium; and estate to the City of Dubuque.
Whereas, the Property does not include NOW, THEREFORE, BE IT RESOLVED
any state or railroad property; and BY THE CITY COUNCIL OF THE CITY OF
Whereas, lowa Code Section 368.7 author- DUBUQUE, IOWA, AS FOLLOWS:
Book 147 Regular Session, October 16, 2017 419
1. The City of Dubuque, lowa, hereby ac- 14. Kerper Blvd. Fiber Project - Elm Street
cepts the Deed from North Cascade Road to 16t° Street - Project Award: City Manager
Developers, LLC, a copy of which Deed is recommended that the public improvement
attached hereto. contrad award for the Kerper Boulevard Fiber
2. The City Clerk is hereby authorized and Project — Elm Street to 16t° Street, to Utility
direded to record this Resolution and the Service Contractors be officially recorded in
Deed with the Dubuque County Recorder. the minutes of the City Council. Upon motion
Passed, approved and adopted this 16t° the document was received, filed and made a
day of Odober, 2017. Matter of Record.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk 15. Jackson Park Street Lighting Project
Acceptance: City Manager recommended ac-
13. Grant of Easement for Sanitary Sewer ceptance of the public improvement construc-
Utility across Blue Sky, Inc. in Asbury Plaza: tion contrad for the Jackson Park Street Light-
City Manager recommended acceptance of a ing Project as completed by Hawkeye Electric.
Grant of Easement for Sanitary Sewer Utility Upon motion the documents were received
across Blue Sky, Inc. property at Lot 2 of As- and filed and Resolution No. 344-17 Accepting
bury Plaza No. 16, as part of the Derby the Jackson Park Street Lighting Project and
Grange Sanitary Sewer Extension Project. authorizing the payment of the contract
Upon motion the documents were received amount to the contractor was adopted.
and filed and Resolution No. 343-17 Accepting
a Grant of Easement for Sanitary Sewer Utility RESOLUTION NO. 344-17
through, over and across part of Lot 2 of As- ACCEPTING THE JACKSON PARK STREET
bury Plaza No. 16, City of Dubuque, lowa was LIGHTING PROJECT AND AUTHORIZING
adopted. THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
RESOLUTION NO. 343-17 Whereas, the Public Improvement Contract
ACCEPTING A GRANT OF EASEMENT FOR for the Jackson Park Street Lighting Project
SANITARY SEWER UTILITY THROUGH, (the Project) has been completed and the City
OVER AND ACROSS PART OF LOT 2 OF Engineer has examined the work and filed a
ASBURY PLAZA NO. 16, CITY OF DUBU- certificate stating that the Projed has been
QUE, IOWA completed according to the terms of the Public
Whereas, Blue Sky, Inc. has executed a Improvement Contract and that the City Engi-
Grant of Easement for Sanitary Sewer Utility neer recommends that the Project be accept-
through, over and across part of Lot 2 of As- ed.
bury Plaza No. 16, City of Dubuque, lowa. NOW THEREFORE, BE IT RESOLVED
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
DUBUQUE, IOWA: Section 1. The recommendation of the City
Sedion 1. The City Council of the City of Engineer is approved and the Projed is hereby
Dubuque, lowa, hereby approves of, accepts accepted.
and consents to the Grant of Easement for Section 2. The Finance Director is hereby
Sanitary Sewer Utility through, over and directed to pay to the Contractor from the
across Part of Lot 2 of Asbury Plaza No. 16, Downtown Security Cameras appropriations
City of Dubuque, lowa as shown on the at- for the contract amount of$74,086.85 less any
tached Grant of Easement for Sanitary Sewer retained percentage provided for therein as
Utility and Exhibit A, from Blue Sky, Inc., a provided in lowa Code chapter 573, and to pay
copy of which is attached hereto. such retainage only in accordance with the
Sedion 2. The Mayor is hereby authorized provisions of lowa Code chapter 573.
and directed to execute and acknowledge on Passed, approved and adopted this 16�n
behalf of the City of Dubuque any instruments day of October, 2017.
in connection herewith. Roy D. Buol, Mayor
Sedion 3. The City Clerk is hereby author- Attest: Kevin Firnstahl, City Clerk
ized to and direded to record this resolution
and Grant of Easement for Sanitary Sewer CITY ENGINEER'S CERTIFICATE OF FINAL
Utility with the Dubuque County Recorder. COMPLETION OF THE JACKSON PARK
Passed, approved and adopted this 16t° STREET LIGHTING PROJECT
day of Odober, 2017. The undersigned City Engineer of the City
Roy D. Buol, Mayor of Dubuque, lowa, hereby certifies that he has
Attest: Kevin S. Firnstahl, City Clerk inspected the Jackson Park Street Lighting
Project, that the Project has been performed in
compliance with the terms of the Public Im-
provement Contract, and that the total cost of
419
Book 147 Regular Session October 16, 2017 420
the completed work is$74,086.85. Public Improvement Contract, and that the
Dated this 9t° day of October, 2017. total cost of the completed work is$53,250.00.
/s/Gus Psihoyos, City Engineer Dated this 9t°day of October, 2017.
Filed in the office of the City Clerk on the 9t° /s/Gus Psihoyos, City Engineer
day of Odober, 2017. Filed in the office of the City Clerk on the g�n
/s/Kevin S. Firnstahl, City Clerk day of Odober 2017.
/s/Kevin S. Firnstahl, City Clerk
16. Hwy 20 Conduit - Wacker Drive to Hill
Street Projed Acceptance: City Manager rec- 17. Carnegie-Stout Public Library Maker
ommended acceptance of the public improve- Space Project Acceptance: City Manager rec-
ment construction contract for the Hwy 20 ommended acceptance of the construction
Conduit— Wacker Drive to Hill Street Projed, contrad for the Carnegie-Stout Public Library
as completed by Volkens, Inc. Upon motion Maker Space Project, as completed by Tricon
the documents were received and filed and General Construction, Inc. Upon motion the
Resolution No. 345-17 Accepting the Highway documents were received and filed and Reso-
20 Conduit - Wacker Drive to Hill Street Pro- lution No. 346-17 Accepting the Carnegie-
ject and authorizing the payment of the con- Stout Public Library Maker Space Project and
tract amount to the contractor was adopted. authorizing the payment to the contractor was
adopted.
RESOLUTION NO. 345-17
ACCEPTING THE HIGHWAY 20 CONDUIT — RESOLUTION NO. 346-17
WACKER DRIVE TO HILL STREET PRO- ACCEPTING THE CARNEGIE-STOUT PUB-
JECT AND AUTHORIZING THE PAYMENT LIC LIBRARY MAKER SPACE PROJECT
OF THE CONTRACT AMOUNT TO THE AND AUTHORIZING THE PAYMENT TO THE
CONTRACTOR CONTRACTOR
Whereas, the Public Improvement Contract Whereas, the Public Improvement Contract
for the Highway 20 Conduit — Wacker to Hill for the Carnegie-Stout Public Library Maker
Street Project (the Project) has been complet- Space (the Project) has been completed by
ed and the City Engineer has examined the the Contractor, Tricon General Construction,
work and filed a certificate stating that the Pro- Inc (Contractor), the City Engineer has exam-
ject has been completed according to the ined the wnrk and recommends that the Pro-
terms of the Public Improvement Contract and ject be accepted; and
that the City Engineer recommends that the Whereas, the final contract amount for the
Projed be accepted. Projed is$153,075.56; and
NOW THEREFORE, BE IT RESOLVED Whereas, the Contractor has previously
BY THE CITY COUNCIL OF THE CITY OF been paid $145,421.78, leaving a balance of
DUBUQUE, IOWA: $7,653.78; and
Section 1. The recommendation of the City Whereas, the City Council finds that the
Engineer is approved and the Project is hereby recommendation of the City Engineer should
accepted. be accepted.
Sedion 2. The Finance Diredor is hereby NOW, THEREFORE, BE IT RESOLVED
directed to pay to the Contractor from the Traf- BY THE CITY COUNCIL OF THE CITY OF
fic Signal Interconnect Conduit Replacement DUBUQUE, IOWA:
appropriations for the contract amount of Section 1. The recommendation of the City
$53,250.00 less any retained percentage pro- Engineer is approved and the Projed is hereby
vided for therein as provided in lowa Code accepted.
chapter 573, and to pay such retainage only in Passed, approved and adopted this 16�n
accordance with the provisions of lowa Code day of Odober, 2017.
chapter 573. Roy D. Buol, Mayor
Passed, approved and adopted this 16t° Attest: Kevin S. Fimstahl, City Clerk
day of Odober 2017.
Roy D. Buol, Mayor CITY ENGINEER'S CERTIFICATE OF FINAL
Attest: Kevin S. Firnstahl, City Clerk COMPLETION OF THE CARNEGIE-STOUT
PUBLIC LIBRARY MAKER SPACE
CITY ENGINEER'S CERTIFICATE OF FINAL The undersigned City Engineer of the City
COMPLETION OF THE HIGHWAY 20 CON- of Dubuque, lowa, hereby certifies that he has
DUIT — WACKER DRIVE TO HILL STREET inspected the Carnegie-Stout Public Library
PROJECT Maker Space, and the said Projed has been
The undersigned City Engineer of the City performed in compliance with the terms of the
of Dubuque, lowa, hereby certifies that he has Public Improvement Contract, and that the
inspected the Highway 20 Conduit—Wacker to total cost of the completed work is
Hill Street Projed, that the Projed has been $153,075.56.
performed in compliance with the terms of the Dated this 11t°day of October, 2017
Book 147 Regular Session, October 16, 2017 421
/s/Gus Psihoyos, City Engineer APPROVING APPLICATIONS FOR BEER,
Filed in the office of the City Clerk in the 11t° LIQUOR, AND/OR WINE PERMITS, AS RE-
day of Odober, 2017. QUIRED BY CITY OF DUBUQUE CODE OF
/s/Kevin S. Firnstahl, City Clerk ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
18. Alternative Services Concepts (ASC) UOR CONTROL, ARTICLE B LIQUOR,
Renewal Rates for Workers' Compensation BEER AND WINE LICENSES AND PERMITS
Claims Administration: City Manager recom- Whereas, applications for Beer, Liquor,
mended City Council approval of the renewal and or Wine Permits have been submitted and
rates from Alternative Services Concepts for filed with the City Council for approval and the
services related to the administration of the same have been examined and approved; and
City's Workers' Compensation Program effec- Whereas, the premises to be occupied by
tive October 1, 2017 through September 30, such applicants were inspected and found to
2018. Upon motion the documents were re- comply with the Ordinances of the City and the
ceived,filed and approved. applicants have filed the proper fees and
bonds and otherwise complied with the re-
19. Cottingham & Butler Insurance Ser- quirements of the Code of Ordinances.
vices Agreement for Employer Mandate Re- NOW, THEREFORE, BE IT RESOLVED
porting Services: City Manager recommending gY THE CITY COUNCIL OF THE CITY OF
approval of an agreement with Cottingham & DUBUQUE, IOWA:
Butler Insurance Services to prepare and file Sedion 1. The City Clerk is hereby author-
the required Internal Revenue Service forms ized and directed to cause to be issued the
1094-C and 1095-C on behalf of the City in noted permit types to the following applicants
accordance with the Patient Protection and pending submission of the locally required
Affordable Care Act. Upon motion the docu- documentation:
ments were received, filed and approved. Renewals
Dog House Lounge, 1646 Asbury Rd., Class C
20. Proposed Master Co-Location and Liquor(Outdoor) (Sunday)
Shared Services Agreement Between the City Happy Joe's Old-Fashioned Ice Cream & Piz-
of Dubuque, lowa and ImOn Communications, Za Parlor, 855 Century Dr., Class B Beer
LLC: City Manager recommended approval of (Sunday)
a Master Co-Location and Shared Services Jumper's Sports Bar & Grill, 2600 Dodge St.,
Agreement and Project Statement: Sharing Class C Liquor(Outdoor) (Sunday)
Agreement #1 between ImOn Communica- Kwik Stop #848, 3201 Central Ave., Class E
tions, LLC and the City of Dubuque. Upon mo- Liquor, Class B Native Wine, Class C Beer
tion the documents were received, filed and (Sunday)
approved. L. May, 1072 Main St., Class C Liquor, Class
21. Mediacom Communications Corpora- B Wine (Catering) (Outdoor) (Sunday)
tion: Correspondence from Lee Grassley, Sen- Rainbow Lounge, 36 West 4 St., Class C
ior Manager of Government Relations for Me- Liquor(Sunday)
diacom Communications Corporation advising New
the City of program changes on or about Oc- Club Rise, 1850 Central Ave., Class C Liquor
tober 23, 2017. Upon motion the document (Sunday)
was received and filed. Dubuque Home Design, 2490 Meinen Ct.,
Class B Native Wine
22. Signed Contracts: Hillcrest Family Ser- Special Event
vices agreement for use of Murphy Park 2017- Diamond Jo Casino Nov. 4, Alliant Amphithea-
2018 event. Upon motion the document was ter, Special Class C Liquor(Outdoor) tn
received and filed. Passed, approved and adopted this 16
day of Odober, 2017.
23. Alcohol License Applications: City Roy D. Buol, Mayor
Manager recommended approval of annual Attest: Kevin S. Firnstahl, City Clerk
beer, liquor and wine licenses as submitted. gOARDS/COMMISSIONS
Upon motion the documents were received
and filed and Resolution No. 347-17 Approving Appointments were made to the following
applications for beer, liquor, and/or wine per- goards/Commissions.
mits, as required by City of Dubuque Code of
Ordinances Title 4 Business and License Reg- 1. Housing Commission: One, 3-year term
ulations, Chapter 2 Liquor Control, Article B through August 17, 2020 (Expired term of Eu-
Liquor, Beer and Wine Licenses and Permits daley) Applicant: Amy Eudaley, 950 Wood St.
was adopted. Motion by Connors to appoint Amy Eudaley to
RESOLUTION NO. 347-17 a 3-year term through July 1, 2020. Seconded
421
Book 147 Regular Session October 16, 2017 422
by Resnick. Motion carried 7-0. DETACHED DWELLINGS TO TOWNHOUSE
DWELLINGS
2. Human Rights Commission: One, 3-year NOW, THEREFORE, BE IT ORDAINED
term through January 1, 2018 (Vacant term of BY THE CITY COUNCIL OF THE CITY OF
Templeton Vaughn); and one, 3-year term DUBUQUE, IOWA:
through January 1, 2019 (Vacant term of Dita Section 1. That Title 16 of the City of
Meyer) Applicants: Nicole Borovic, 3163 Hill- Dubuque Code of Ordinances, Unified Devel-
crest Rd.; Gerald Hammel, Jr., 1225 '/� Rhom- opment Code, is hereby amended by rescind-
berg Ave.; Ashley Melchert, 1265 Thomas PI. ing Ordinance 14-16 which provides regula-
Upon roll-call vote: Hammel, Jr. = 7 (Rios, tions for a Planned Unit Development District
Jones, Del Toro, Connors, Resnick, Lynch, with a Planned Commercial District designa-
Buol); Borovic = 5 (Jones, Del Toro, Resnick, tion for South Pointe, and now being amended
Lynch, Buol); and Melchert = 2 (Rios, Con- to change the allowed use of 19 building lots
nors), Mayor Buol stated that Gerald Hammel, along South Pointe Drive and Long Hollow
Jr. would be appointed to the 3-year term Drive from single-family dwellings to town-
through January 1, 2019; and Nicole Borovic house dwellings.
would be appointed to the 3-year term through As shown in Exhibit 1, and to the cen-
January 1, 2018. terline of the adjoining public right-of-way,
all in the City of Dubuque, lowa.
PUBLIC HEARINGS Section 2. Attached hereto and made a
part of this zoning reclassification approval is
1. South Pointe Planned Unit Development the Conceptual Development Plan for the
(PUD) Amendment: Proof of publication on South Pointe Planned Unit Development
notice of public hearing to consider approval of marked Exhibit 1. It is recognized that minor
a request from Dubuque South Pointe, LLC to shifts or modifications to the general plan lay-
amend the South Pointe Planned Unit Devel- out may be necessary and compatible with the
opment(PUD) for South Pointe Subdivision on need to acquire workable street patterns,
Rockdale Road to allow additional, two-unit grades, and usable building sites. The general
dwelling building lots and the Zoning Advisory plan layout, including the relationship of land
Commission recommended approval. Motion uses to the general plan framework and the
by Lynch to receive and file the documents development requirements shall be used as
and that the requirement that a proposed ordi- the implementation guide.
nance be considered and voted on for pas- A. Use Regulations
sage at two Council meetings prior to the Zone A: General Purpose and Descrip-
meeting at which it is to be passed be sus- tion: Zone A is intended to provide building
pended. Seconded by Jones. Motion carried 7-0. lots for single-family detached dwellings and
Motion by Lynch for final consideration and accessory structures as well as park and
passage of Ordinance No. 43-17 Amending open space.
Title 16 of the City of Dubuque Code of Ordi- 1) Development of property within Zone
nances Unified Development Code by rescind- A of the South Pointe Planned Unit Devel-
ing Ordinance No. 14-16 which provides regu- opment shall be regulated by Section 16-5-
lations for the South Pointe PUD Planned Unit 2 of the City Code, R-1 Single-Family Res-
Development District with a Planned Residen- idential.
tial Designation and now being amended to re- Zone B: General Purpose and Descrip-
designate 19 building lots along South Pointe tion: Zone B is intended to provide building
Drive and Long Hollow Drive from Single- lots for multi-Family Residential dwellings in-
Family Detached Dwellings to Townhouse cluding hnro-unit and three-unit laterally at-
Dwellings Seconded by Connors. Motion car- tached dwellings and accessory structures.
ried 7-0. 1) Development of property with Zone
B of the South Pointe Planned Unit Devel-
OFFICIAL PUBLICATION opment shall be regulated by Section 16-5-
ORDINANCE NO.43-17 5 of the Unified Development Code, R-3
AMENDING TITLE 16 OF THE CITY OF Moderate Density Multi-Family Residential.
DUBUQUE CODE OF ORDINANCES UNI- Zone C: General Purpose and Descrip-
FIED DEVELOPMENT CODE BY RESCIND- tion: Zone C is intended to provide space for
ING ORDINANCE 14-16 WHICH PROVIDES commercial businesses to serve South
REGULATIONS FOR THE SOUTH POINTE Pointe and the surrounding community
PUD PLANNED UNIT DEVELOPMENT DIS- 1) Development of property within Zone
TRICT WITH A PLANNED RESIDENTIAL C of the South Pointe Planned Unit Devel-
DESIGNATION AND NOW BEING AMEND- opment shall be regulated
ED TO RE-DESIGNATE 19 BUILDING LOTS
ALONG SOUTH POINTE DRIVE AND LONG
HOLLOW DRIVE FROM SINGLE-FAMILY
Book 147 Special Session, October 12, 2017 423
by the provisions of Section 16-5-11 of the Unified Development Code, C-2 Neighborhood Shopping
Center District.
B. Bulk Re ulations
Development of land within Min Lot Min Lot Max Lot Setbacks Max
Zones A, B and C shall be Area Frontage Coverage Front Min Side Min Height
regulated as follows:Zone A (feet) Rear
(sq.feet) (feet) (%lot area) Min Max (feet) (feet) (feet)
Permitted Uses
Place of religious exercise or z0,000 100 40 20 --- 20 20 75'
assembly, School
Single-family detached dwell- 5,000 50 40 20 50 6 20 30
ing
Conditional Uses
Bed and breakfast home 5,000 50 40 20 50 6 20 30
Licensed adult day services, 5,000 50 40 20 --- 6 20 30
Licensed child care center
Mortuary, funeral home or pQ000 100 40 20 --- 20 20 30
crematorium
' May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one additional
foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of
the district in which it is located.
Zone 8 Min Lot Min Lot Max Lot Setbacks Max
Area Frontage Coverage Front (feet) Min Min Height
Side Rear
s .feet feet %lotarea Min Max feet feet feet
Permitted Uses
Multi le-family(six du max 2,000/du 50 40 20 4 20 30
Place of religious exercise or z0,000 100 40 20 --- 20 20 75 '
assembl ,School
Single-family detached dwell- 5,000 50 40 20 50 4 20 30
in
Townhouse six du max 1,600/du 16/du 40 20 4/0 20/0 30
Two-famil dwellin 5,000 50 40 20 50 4 20 30
Conditional Uses
Individual zero lot line dwellin 5,000 50 40 20 50 10/0 20 30
Bed and breakfast home 5,000 50 40 20 50 4 20 30
Grou home 5,000 50 40 20 4 20 30
Hos ice 5,000 50 40 20 4 20 30
Housing for the elderly or disa- z0,000 100 40 20 --- 20 20 30
bled
Licensed adult day services, 5,000 50 40 20 --- 4 20 40
Licensed child care center
Mortuary, funeral home or pQ000 100 40 20 --- 20 20 30
crematorium
Nursin or convalescent home 20,000 100 40 20 20 20 30
___
Off- remise residential ara e --- --- --- 20 --- 4 6 15
Roomin orboardin house 5,000 50 40 20 4 20 30
' May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one additional
foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of
the district in which it is located.
Min Lot Min Lot Max lot Setbacks Max
Zone C area (sq. frontage coverage Front Front Min Side Min Rear Height
ft.) (feet) (%total) Min�� Max� ��feet) �(feet) (feet)
AII uses ----- ----- ----- 10' ----- ----- ----- 30
' Minimum 20 feet for ara es facin a street.
�When abuttin a residential or offce residential district, a 20-foot side setback is re uired.
'When abuttin a residential or offce residential district, a 20-foot rear setback is re uired.
423
Book 147 Regular Session October 16, 2017 424
C. Parking and Loading Regulations: The Storm Water Conveyance: The developer
number, size and design of parking spaces of each lot shall be responsible for providing
shall be governed by applicable provisions in surface or subsurface conveyance(s) of storm
Articles 13 and 14 of the City of Dubuque Uni- water from the lot to existing storm sewers or
fied Development Code. to flow line of open drainage ways outside the
The number, size and design and location lot in a means that is satisfactory to the Engi-
of parking spaces designated for persons with neering Department of the City of Dubuque.
disabilities shall be according to the local, state Other applicable regulations enforced by the
or federal requirements in effect at the time of City of Dubuque relative to storm water man-
development. agement and drainage shall apply to proper-
The location and number of private drive- ties in the PUD District.
way intersedions with public streets shall be Other Codes and Regulations: These regu-
reviewed and approved by the City Engineer. lations do not relieve an owner from other ap-
D. Sign Regulations: Applicability of City of plicable City, County, State or Federal Codes,
Dubuque Ordinances: The provisions of the regulations, laws and other controls relative to
City of Dubuque Unified Development Code the planning, construction, operation and
Article 15 Signs shall apply unless further management of property in the PUD District.
regulated by this section F. Transfer of Ownership: Transfer of own-
Signage for development zones within the ership or lease of property in this PUD District
South Pointe Planned Unit Development shall shall include in the transfer or lease agreement
be regulated as follows: a provision that the purchaser or lessee
Within Zone A, Sign Regulations for the R- acknowledges awareness of the conditions
1 Single-Family Residential District, Section authorizing the establishment of the district.
16-15-11.1 of the Unified Development Code, G. Modifications: Any modifications of this
shall befollowed. Ordinance must be approved by the City
Within Zone B. Sign Regulations for the R- Council in accordance with zoning reclassifica-
3 Moderate Density Multi-Family Residential tion proceedings of Article 9-5 of the Unified
District, Section 16-14-11.1 of the Unified De- Development Code.
velopment Code, shall be followed. H. Recording: A copy of this ordinance
Within Zone C, Sign Regulations for the C- shall be recorded at the expense of the proper-
3 Neighborhood Shopping Center District, ty owner(s) with the Dubuque County Record-
Section 16-156-11.6 of the Unified Develop- er a permanent record of the conditions ac-
ment Code, shall be followed. cepted as part of this reclassification approval
3) Off-Premise Signs: Off-premise within thirty (30) days after the adoption of this
signs shall be prohibited. ordinance. This ordinance shall be binding
4) Variances: Variances from sign re- upon the undersigned and his/her heirs, suc-
quirements for size, number, and height cessors and assigns.
may be requested. Such variances shall be Section 3. The foregoing amendment has
reviewed by the Zoning Board of Adjust- heretofore been reviewed by the Zoning Advi-
ment in accordance with Article 8-6 of the sory Commission of the City of Dubuque, lo-
Unified Development Code. wa.
E. Performance Standards: The develop- Section 4. This Ordinance shall take effect
ment and maintenance of uses in this PUD upon publication as provided by law.
District shall be established in conformance Passed, approved and adopted this 16�n
with the following standards day of October, 2017.
1) No more than 100 dwelling units /s/Roy D. Buol, Mayor
shall be allowed to be developed until such Attest: /s/Kevin S. Firnstahl, City Clerk
time that a second public street access or Published officially in the Telegraph Herald
secondary emergency access is developed newspaper on the 20t°day of October, 2017.
to serve South Pointe. /s/Kevin S. Firnstahl, City Clerk
2) Platting: The conceptual develop-
ment plan shall serve as the preliminary ACTION ITEMS
plat for this PUD Distrid. Subdivision plats
and improvement plans shall be submitted 1. Arts and Cultural Master Plan Communi-
in accordance with Article 11. Land Subdi- ty Enactment Strategy: Arts and Cultural Af-
vision, of the City of Dubuque Unified De- fairs Advisory Commission recommended
velopment Code. adoption of the Arts and Cultural Affairs Master
Site Plans: Final site development plans Plan Community Enactment Strategy. Motion
shall be submitted in accordance with Article by Jones to receive and file the documents
12 Site Plans and Article 13 Site Design and approve the recommendation
Standards prior to construdion of each build- .
ing and vehicle-related feature unless other-
wise exempted by Article 12.
Book 147 Regular Session, November 6, 2017 425
Seconded by Lynch. Arts and Cultural Af- CITY OF DUBUQUE, IOWA
fairs Coordinator Debra Alleyne and Arts and CITY COUNCIL PROCEEDINGS
Cultural Affairs Advisory Commission Member
David Schmitr provided a slide presentation of REGULAR SESSION
the plan and responded to questions from the OFFICIAL
City Council about the 1% budget request by
stating such policy decision would come to the The Dubuque City Council met in regular
City Council as a separate item for discussion session at 6:00 p.m. on November 6, 2017 in
and approval. Motion carried 43 with Rios, Del the Historic Federal Building, 350 W. 6�n
Toro and Resnickvoting Nay. Street.
2. Five Flags LED Marquee Sign Re- present: Mayor Buol; Council Members
placement: City Manager recommended ap- Connors, Del Toro, Jones, Lynch, Resnick,
proval to replace the Five Flags Civic Center Rios; City Manager Van Milligen, City Attorney
Marquee sign. Motion by Connors to receive Brumwell
and file the documents and approve the rec-
ommendation. Seconded by Resnick. Motion Mayor Buol read the call and stated this is
carried 7-0. a regular session of the City Council called for
COUNCIL MEMBER REPORTS the purpose of conducting such business that
may properly come before the City Council.
Council Member Jones presented a flag pLEDGE OF ALLEGIANCE
signed by all participants of the Fireball Run
special event that occurred on September 25, pRESENTATION(S)
2017 and requested that the flag be given to
the Dubuque Convention and Visitors Bureau / 1. International City/County Management
Travel Dubuque. Association (ICMA) Fellowship Exchange:
Assistant City Manager Cori Burbach intro-
There being no further business, upon mo- duced ICMA Fellows Mr. Darren Tan of Singa-
tion the City Council adjourned at 6:55 p.m. pore and Mr. Chankakada (Kakada) Chhoeum
of Cambodia. Each gentleman provided a brief
/s/Trish L. Gleason, CMC, Assistant City Clerk biography and thanked the City Council.
2. Bee Branch Floodplain and Stormwater
Management Association Award: Project En-
gineer Steve Brown presented the 2017 Pro-
ject of the Year Award from the lowa Flood-
plain and Stormwater Management Associa-
tion for the Upper Bee Branch Creek Restora-
tion Project.
PROCLAMATION(S)
1. Philanthropy Day (November 15, 2017)
was accepted by Shirley Brown of the Associa-
tion of Fundraising Professionals Tri-State
Chapter.
2. Pancreatic Cancer Awareness Day (No-
vember 16, 2017) was accepted by Diane
Oglesby Rambousek, President of the Michael
W. Oglesby Foundation.
3. Israeli Music and Culture Week (No-
vember 6-10, 2017) was accepted by Mayor
Buol on behalf of the University of Dubuque.
4. Hospice Month (November 2017) was
accepted by Hospice of Dubuque 6cecutive
Director LaVonne Noel.
Book 147 Regular Session November 6, 2017 426
CONSENT ITEMS formation from the International City/County
Management Association (PM Magazine)
Motion by Lynch to receive and file the awarding the City its Community Sustainability
documents, adopt the resolutions, and dispose Award for the Bee Branch Watershed Flood
of as indicated. Seconded by Del Toro. Coun- Mitigation Project. Upon motion the documents
cil Member Connors requested#17 Bloomberg were received and filed.
Mayors Challenge Application be held for sep-
arate discussion. Council Member Del Toro 6. Eagle Point Park Resource Enhance-
requested #24 Tiger IX Grant Application be ment and Protection (REAP) Grant Award: City
held for separate discussion. Motion carried 7- Manager transmitting information about the
0. City's receipt of a $200,000 Fiscal Year 2018
Resource Enhancement and Protection
1. Minutes and Reports Submitted: City (REAP) grant award from the lowa Department
Council Minutes of 10/12, 10/16; Civil Service of Natural Resources for Phase 2 implementa-
Commission of 10/10, Historic Preservation tion of the Eagle Point Park Environmental
Commission of 10/19; Human Rights of 9/11, Restoration Management Plan. Upon motion
9/25; Library Board of Trustees of 8/24; Park the documents were received and filed.
and Recreation Commission of 10/10; Transit
Advisory Board of 10/12; Zoning Board of Ad- 7. Landfill Expansion Project-Cell 9 Phase
justment of 10/26; Proofs of Publication for III: City Manager transmitting the Fall 2017
City Council Proceedings of 10/2, 10/3, 10/12, Landfill Expansion Project (Cell 9 Phase III)
10/16; Proof of Publication for List of Claims public information brochure from the Dubuque
and Summary of Revenues for Month Ending Metropolitan Area Solid Waste Agency
9/30. Upon motion the documents were re- (DMASWA). Upon motion the document was
ceived and filed. received and filed.
2. Notice of Claims and Suits: Renee Fur- 8. Bee Branch Watershed Mitigation Pro-
long for property damage, Brett Kilburg d/b/a ject Receives lowa Ready Mixed Concrete
Dubuque Dental for property damage, Deanne Association's Excellence in Concrete Awards:
Lindecker for vehicle damage, Chris Loewen- Correspondence from the lowa Ready Mixed
berg for vehicle damage, Martina SWain for Concrete Association (IRMCA) informing the
vehicle damage, Frank Vans Evers for vehicle City that it is awarding its 6ccellence in Con-
damage. Upon motion the documents were crete awards in the categories of Public
received, filed, and referred to the City Attor- Works-Recreational, Recreational Trails, and
ney. Sustainable Practices to the Bee Branch Wa-
tershed Mitigation Project. Upon motion the
3. Disposition of Claims: City Attorney ad- documents were received and filed.
vising that the following claims have been re-
ferred to Public Entity Risk Services of lowa, 9. Authorization to File and Release Prop-
the agent for the lowa Communities Assurance erty Liens for Lead Hazard Control and
Pool: Renee Furlong for property damage, Healthy Homes Grant: City Manager recom-
Brett Kilburg d/b/a Dubuque Dental for proper- mending authorization for the City Manager or
ty damage, Deanne Lindecker for vehicle the City Manager's Designee to file and re-
damage, Chris Loewenberg for vehicle dam- lease liens on properties that are participating
age, Martina SWain for vehicle damage. Upon in the Lead Hazard Control and Healthy
motion the documents were received, filed, Homes Program. Upon motion the documents
and concurred. were received and filed and Resolution No.
348-17 Resolution of the City of Dubuque ap-
4. Government Finance Officers Associa- proving an authorization of the City Manager
tion Distinguished Budget Award: Correspond- or the City Manager's designee to file and re-
ence from the Government Finance Officers lease liens on properties participating in the
Association (GFOA) presenting the City with Lead Hazard Control and Healthy Homes
the Distinguished Budget Presentation Award Grantwasadopted.
for Fiscal Year 2016-2017 and recognizing
Budget Director Jennifer Larson as being the RESOLUTION NO. 348-17
individual primarily responsible for having APPROVING AN AUTHORIZATION OF THE
achieved the award. Upon motion the docu- CITY MANAGER OR THE CITY MANAGER'S
ments were received and filed. DESIGNEE TO FILE AND RELEASE LIENS
ON PROPERTIES PARTICIPATING IN THE
5. International City/County Management LEAD HAZARD CONTROL AND HEALTHY
Association (ICMA) Community Sustainability HOMES GRANT
Award for Bee Branch Watershed Flood Miti-
gation Project: City Manager transmitting in-
Book 147 Regular Session, November 6, 2017 427
Whereas, the City of Dubuque, lowa by to file and release liens on properties partici-
and through its Housing & Community pating in the Community Development Block
Development Department, executes property Grant, National Disaster Resilience (CDBG-
liens and mortgage instruments on behalf of NDR) Grantwasadopted.
the City; and
Whereas, the various lien and mortgage RESOLUTION NO. 349-17
instruments create an interest by the City in APPROVING AN AUTHORIZATION OF THE
the various parcels of real estate which have CITY MANAGER OR THE CITY MANAGER'S
been rehabilitated or repaired under the eligi- DESIGNEE TO FILE AND RELEASE LIENS
ble activities provided through the federal ON PROPERTIES PARTICIPATING IN THE
Housing and Urban Development Department COMMUNITY DEVELOPMENT BLOCK
Lead and Healthy Homes Grant and other GRANT, NATIONAL DISASTER RESILI-
applicable standards; and ENCE(CDBG-NDR)GRANT
Whereas, the City is frequently requested Whereas, the City of Dubuque, lowa by
to dispose of its interest in said real estate and through its Housing & Community Devel-
after the property owner has fulfilled the finan- opment Department, executes property liens
cial and other obligations of their lien and /or and mortgage instruments on behalf of the
mortgage instrument; and City; and
Whereas, it is impractical to have each Whereas, the various lien and mortgage
such disposition approved by the City Council. instruments create an interest by the City in
NOW, THEREFORE, BE IT RESOLVED, the various parcels of real estate which have
BY THE CITY COUNCIL OF THE CITY OF been rehabilitated or repaired under the eligi-
DUBUQUE, IOWA: ble activities provided through the lowa Eco-
Section 1. That the City Manager, or his nomic Development Authority Community De-
designee, is authorized to release City of velopment Block Grant National Disaster Re-
Dubuque interest in real estate which has siliency Grant (Contract #13-NDRH-001 and
been rehabilitated through the Lead Hazard other applicable standards; and
Control and Healthy Homes Grant activity, if Whereas, the City is frequently requested
the owner fulfills all the terms and conditions of to dispose of its interest in said real estate
the lien and/or mortgage instrument involved. after the property owner has fulfilled the finan-
Sedion 2. That the City Council shall retain cial and other obligations of their lien and /or
the authority to dispose of interest in any real mortgage instrument; and
estate upon which the original terms and con- Whereas, it is impractical to have each
ditions of the lien or mortgage instruments are such disposition approved by the City Council.
notfulfilled. NOW, THEREFORE, BE IT RESOLVED,
Sedion 3. That this authorization shall ap- BY THE CITY COUNCIL OF THE CITY OF
ply to all future dispositions, as well as to any DUBUQUE, IOWA:
here-to-fore disposed of by the Housing & Sedion 1. That the City Manager, or his
Community Development Department HUD designee, is authorized to release City of
Lead Hazard Control and Healthy Homes Dubuque interest in real estate which has
Grant. been rehabilitated through the Community
Passed, approved, and adopted this 6t° Development Block Grant National Disaster
day of November, 2017. Resiliency activity, if the owner fulfills all the
Roy D. Buol, Mayor terms and conditions of the lien and/or mort-
Attest: Kevin S. Firnstahl, City Clerk gage instrument involved.
Sedion 2. That the City Council shall retain
10. Authorization to File and Release the authority to dispose of interest in any real
Property Liens for Community Development estate upon which the original terms and con-
Block Grant, National Disaster Resilience ditions of the lien or mortgage instruments are
(CDBG-NDR) Grant: City Manager recom- notfulfilled.
mending authorization for the City Manager or Section 3. That this authorization shall ap-
the City Manager's Designee to sign forgivable ply to all future dispositions, as well as to any
loan documents for the Community Develop- here-to-fore disposed of by the Housing &
ment Block Grant National Disaster Resilience Community Development Department as part
Grant, locally known as the Bee Branch of the Community Development Block Grant,
Healthy Homes program. Upon motion the National Disaster Resilience Grant.
documents were received and filed and Reso- Passed, approved, and adopted this 6�n
lution No. 349-17 Resolution of the City of day of November, 2017.
Dubuque approving an authorization of the Roy D. Buol, Mayor
City Manager or the City Manager's designee Attest: Kevin S. Firnstahl, City Clerk
Book 147 Regular Session November 6, 2017 428
11. Five Flags Theater Masonry Rehabilita- Project Acceptance: City Manager recom-
tion Project Acceptance: City Manager rec- mending acceptance of the public improve-
ommending acceptance of the construction ment construction contract for the lowa 32
contract for the Five Flags Theater Masonry Hike-Bike Trail — Phase 5 Project, as complet-
Rehabilitation Project as completed by Hydro- ed by Drew Cook& Sons 6ccavating Co., Inc.
Tech Inc. Upon motion the documents were Upon motion the documents were received
received and filed and Resolution No. 350-17 and filed and Resolution No. 351-17 Accepting
Accepting the Five Flags Theater Masonry the lowa 32 Hike/Bike Trail Phase 5 Project
Rehabilitation and authorizing the payment of and authorizing the payment of the contract
the contract amount to the contractor was amount to the contractor was adopted.
adopted.
RESOLUTION NO. 351-17
RESOLUTION NO. 350-17 ACCEPTING THE IOWA 32 HIKE/BIKE
ACCEPTING THE FIVE FLAGS THEATER TRAIL PHASE 5 PROJECT AND AUTHORIZ-
MASONRY REHABILITATION AND AU- ING THE PAYMENT OF THE CONTRACT
THORIZING THE PAYMENT OF THE CON- AMOUNT TO THE CONTRACTOR
TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract
Whereas, the Five Flags Theater Masonry for the lowa 32 Hike/Bike Trail Phase 5 Project
Rehabilitation (the Project) has been complet- (the Project) has been completed and the City
ed and the City Engineer has examined the Engineer has examined the work and filed a
work and filed a certificate stating that the Pro- certificate stating that the Projed has been
ject has been completed according to the completed according to the terms of the Public
terms of the Public Improvement Contract and Improvement Contract and that the City Engi-
that the City Engineer recommends that the neer recommends that the Project be accept-
Projed be accepted. ed.
NOW THEREFORE, BE IT RESOLVED NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: DUBUQUE, IOWA:
Section 1. The recommendation of the City Section 1. The recommendation of the City
Engineer is approved and the Projed is hereby Engineer is approved and the Projed is hereby
accepted. accepted.
Sedion 2. The Finance Director is hereby Sedion 2. The Finance Diredor is hereby
directed to pay to the Contractor from the Five directed to pay to the Contractor from the lowa
Flags Theater Masonry Rehabilitation Capital 32 Hike/Bike Trail Phase 5 Project capital im-
Improvement appropriation for the contract provement appropriation for the contract
amount of $311,952.00 less any retained per- amount of $333,729.19 less any retained per-
centage provided for therein as provided in centage provided for therein as provided in
lowa Code chapter 573, and to pay such re- lowa Code chapter 573, and to pay such re-
tainage only in accordance with the provisions tainage only in accordance with the provisions
of lowa Code chapter 573. of lowa Code chapter 573.
Passed, approved and adopted this 6t° day Passed, approved and adopted this 6�° day
of November, 2017. of November, 2017.
Roy D. Buol, Mayor Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE FIVE FLAGS THEA- COMPLETION OF THE IOWA 32 HIKEIBIKE
TER MASONRY REHABILITATION PRO- TRAIL PHASE 5 PROJECT
JECT The undersigned City Engineer of the City
The undersigned City Engineer of the City of Dubuque, lowa, hereby certifies that he has
of Dubuque, lowa, hereby certifies that he has inspected the lowa 32 Hike/Bike Trail Phase 5
inspected the Five Flags Theater Masonry Projed, and that said Project has been per-
Rehabilitation Project, that the Project has formed in compliance with the terms of the
been performed in compliance with the terms Public Improvement Contract, and that the
of the Public Improvement Contract, and that total cost of the completed work is
the total cost of the completed wnrk is $367,102.11.
$311,952. Dated this 3rd day of November, 2017.
Dated this 20t°day of Odober, 2017. /s/Gus Psihoyos, City Engineer
/s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 3rd
Filed in the office of the City Clerk on the 20t° day of November, 2017.
day of Odober, 2017. /s/Kevin S. Firnstahl, City Clerk
/s/Kevin S. Firnstahl, City Clerk 13. Appeal of Claim by Jessica West: Cor-
12. NW Arterial Hike/Bike Trail Phase 5 respondence from Jessica West appealing
Book 147 Regular Session, November 6, 2017 429
denial of her claim for tree damage to her ve- Transportation Study (DMATS) to assist with
hicle on July 29, 2017 in Eagle Point Park. the funding of smart traffic routing with efficient
Upon motion the documents were received, and effective traffic signals (STREETS) im-
filed, and referred to the City Attorney. provements; and
Whereas, the STREETS project is de-
14. Avoca Street Storm Sewer Improve- signed to improve traffic conditions throughout
ments Project Award: City Manager recom- the Dubuque metro area by distributing traffic
mending that the award for the Avoca Street more evenly on the region's major corridors.
Storm Sewer Improvements Project to Dave The STREETS project will modify the signal
Schmitt Construction Co., Inc. be officially rec- timings through a seamless interface between
orded in the minutes of the City Council. Upon a signal timing model and signals used in the
motion the documents were received, filed and field; and
made a Matter of Record. Whereas, the City has determined that
STREETS project will reduce congestion,
15. John F. Kennedy Road Ditch Improve- shorten travel times, improve air quality, and
ments Project Acceptance: City Manager rec- improve safety in the metro area. By rerouting
ommending that the award for the John F. traffic on the roads with extra capacities dy-
Kennedy Road Ditch Improvement Project to namically, it is expected that the proposed
Temperley Excavating, Inc. be officially rec- system will reduce traffic bottlenecks as rec-
orded in the minutes of the City Council. Upon ommended by the adopted East-West Corridor
motion the documents were received, filed and Study; and
made a Matter of Record. Whereas, the City in partnership with
DMATS is requesting ICAAP funding in the
16. 2019 lowa DOT ICAAP Application for amount of $1,181,600 in Federal Fiscal Year
STREETS Improvements- Rescinding Resolu- (FFI� 2019 to assist with project implementa-
tion and Resubmittal: City Manager recom- tion; and
mending adoption of a resolution rescinding Whereas, the City needs to clarify in the
resolution 327-17, which authorized filing the grant application that it will commit any neces-
application for lowa Department of Transporta- sary local matching funding for project imple-
tion lowa Clean Air Attainment Program mentation, and upon completion will be re-
(ICAAP), and resubmit to clarify in the grant sponsible for adequate maintaining and oper-
application the City's commitment to match ating the project for public use during the pro-
local funding and the City's responsibility for jed's useful life.
maintaining and operating the project for public NOW THEREFORE, BE IT RESOLVED
use during the projecYs useful life. Upon mo- BY THE CITY COUNCIL OF THE CITY OF
tion the documents were received and filed DUBUQUE, IOWA, THAT:
and Resolution No. 352-17 Rescinding the Sedion 1. The approval by the City Council
approval of the authorizing of filing an lowa on the authorizing of filing and lowa Clean Air
Clean Air Attainment Program application with Attainment Program Application by Resolution
the lowa Department of Transportation No. 327-17 on October 2, 2017 is hereby re-
(IADOT) in partnership with Dubuque Metro- scinded.
politan Area Transportation Study (DMATS) to Section 2. The lowa Clean Air Attainment
assist with the funding of Smart Traffic Routing Program Application, as clarified, is hereby
with Efficient and Effective Traffic Signals approved.
(STREETS) Improvements was adopted. Passed, approved and adopted this 6t° day
of November, 2017.
RESOLUTION NO. 352-17 Roy D. Buol, Mayor
RESCINDING THE APPROVAL OF THE AU- Attest: Kevin S. Firnstahl, City Clerk
THORIZING OF FILING AN IOWA CLEAN
AIR ATTAINMENT PROGRAM APPLICA- 17. Bloomberg Mayors Challenge Applica-
TION WITH THE IOWA DEPARTMENT OF tion: City Manager recommending approval of
TRANSPORTATION (IADOT) IN PARTNER- a Phase I Application to the Bloomberg
SHIP WITH DUBUQUE METROPOLITAN Mayors Challenge. Motion by Connors to re-
AREA TRANSPORTATION STUDY (DMATS) ceive and file the document and approve the
TO ASSIST WITH THE FUNDING OF SMART recommendation. Seconded by Resnick. As-
TRAFFIC ROUTING WITH EFFICIENT AND sistant City Manager Cori Burbach responded
EFFECTIVE TRAFFIC SIGNALS (STREETS) to questions from the City Council about how
IMPROVEMENTS the child care eledronic app noted in the grant
Whereas, the City Council at its October 2, application could work, responsibility for on-
2017 approved the filing of an lowa Clean Air going maintenance of the app, the amounts of
Attainment Program Application with the lowa the grant dollars for required design and pilot
Department of Transportation (IADOT) in part- phases, stakeholder outreach, and external
nership with Dubuque Metropolitan Area database control. Ms. Burbach added that the
Book 147 Regular Session November 6, 2017 430
City will continue to pursue the project even if together with such other documents as may be
it isn't selected for the grant. Motion carried 7- required.
0. Passed, approved, and adopted this 6�n
day of November, 2017.
18. Cottingham & Butler Application to IE- Roy D. Buol, Mayor
DA for Business Assistance: City Manager Attest: Kevin S. Firnstahl, City Clerk
recommending approval of a resolution author-
izing the submission of an lowa Economic 19. Civil Service Commission - Certified
Development Assistance Application by Cot- Lists: Civil Service Commission submitting the
tingham & Butler, Inc. to the lowa Economic certified lists for the positions of Firefighter,
Development Authority. Upon motion the doc- Sanitation Driver, Equipment Operator I and
uments were received and filed and Resolution Equipment Operator II. Upon motion the doc-
No. 353-17 Authorizing the filing of an applica- uments were received, filed and made a Mat-
tion for State Business Financial Assistance on ter of Record.
behalf of Cottingham & Butler, Inc. was adopt-
ed. October 10, 2017
Honorable Mayor and
RESOLUTION NO. 353-17 Members of the City Council
AUTHORIZING THE FILING OF AN APPLI- In accordance with Chapter 400 of the
CATION FOR STATE BUSINESS FINAN- Code of lowa, an examination for the position
CIAL ASSISTANCE ON BEHALF OF COT- of Firefighter was administered on September
TINGHAM &BUTLER, INC. 30, 2017.We hereby certify that the individuals
Whereas, Cottingham & Butler, Inc. has listed below have passed this written examina-
proposed making a Twn Million Three Hundred tion and the vacancy for this position should be
Thousand Dollar ($2,300,000.00) investment made from this list and that this list is good for
for tenant improvements of an office facility in twelve (12) months from the above date.
the City of Dubuque, lowa; and Firefighter
Whereas, the City Council of the City of 1. Aaron Butikofer, 2. Joseph Schmitt, 3.
Dubuque, lowa has considered the proposal Benjamin Lowe, 4. Jacob Fiedler, 5. Jack
and has determined that the proposed project Ludescher, 6. Jeffrey Schmitt, 7. William
will contribute to the local economy through Broessel, 8 Adam Stephens, 9. Mitchell Ber-
the creation of twenty (20) full-time jobs in the endes, 10. Eric Latter, 11. Kory Foht, 12. Jay-
City which qualify for the lowa Economic De- son Wagner, 13. Zachary Kersten, 14. Taylor
velopment Authority Business Financial Assis- Guthrie, 15. Christopher Kluesner, 16. Kyle
tance Program; and Knutson, 17. Elliott Moeller, 18. Michael Ne-
Whereas, financial assistance from the lo- vers, 19. Daniel White
wa Economic Development Authority is de- Respectfully submitted,
signed to assist in the economic development /s/Dan White, Chairperson
efforts of local jurisdictions; and Civil Service Commission
Whereas, the lowa Economic Development
Authority has requested execution of an Eco- October 10, 2017
nomic Development Assistance Contract in Honorable Mayor and
order to finalize incentives and document as- Members of the City Council
sociated terms for Cottingham & Butler, Inc.'s In accordance with Chapter 400 of the
proposed improvements at 800 Main Street in Code of lowa, an examination for the position
the City. of Sanitation Driver was administered on Au-
NOW, THEREFORE, BE IT RESOLVED gust 15, 2017. We hereby certify that the indi-
BY THE CITY COUNCIL OF THE CITY OF viduals listed below have passed this written
DUBUQUE, IOWA: examination and the vacancy for this position
Section 1. That the filing of an Application should be made from this list and that this list
for participation in the lowa Economic Devel- is good for two (2) years from above date.
opment Authority's Financial Assistance Pro- Sanitation Driver
gram on behalf of Cottingham & Butler, Inc., a 1. Richard Bogosian, 2. Frank Vlach III, 3.
copy of which is attached hereto, is hereby Justin Licht, 4. Nicholas McLaughlin, 5. Scott
approved. Nauman, 6. Dave Weis II, 7. Jeffery Davis, Jr.,
Section 2. That the Mayor is hereby au- 8. Jerome Hubanks, 9. Justin Pergande, 10.
thorized to execute and the City Manager is Dale Richardson, 11. Troy Rose, 12. Brian
hereby directed to submit the Application to Cue, 13. Richard Kemp, 14. Wayne Gurda, 15.
the lowa Economic Development Authority Chad Ehlinger, 16. Garrett Houghton, 17. Na-
than Mohr, 18. Paul Otruba, 19. Steven
Pfeiffer, 20. Robert Valentine, 21. Loren
Landsman, 22. Nick Connolly, 23. James Hea-
ley, 24. Brian Kelly, 25. D. Scott Morris, 26.
Book 147 Regular Session, November 6, 2017 431
Drew Noel, 27. Bruce Nowak, 28. Patrick ABSTRACT OF VOTES
Schmidt, 29. Tyler Bly, 30. Timothy Lawier, 31. Dubuque County, lowa
Christopher Leppert, 32. Kyle Packard, 33. We, the undersigned Members of the
Christopher Tigges, 34. AndrewTrenkamp, 35. Board of Supervisors, and ex-officio Board of
Derrick Dean, 36. Eric Heber, 37. William County Canvassers, for Dubuque County,
Mauer, 38. Joseph McMahon, 39. Austin Mo- hereby certify the following to be a true and
yer, 40. Alan Mueller, 41. Daniel Petersen correct abstract of the votes cast in this County
Respectfully submitted, at the 2017 Dubuque City Primary Election
/s/Dan White, Chairman held on the 10t° day of October, 2017, as
Civil Service Commission shown by the tally lists returned from the sev-
eral election precincts.
October 10, 2017 For the office of DUBUQUE CITY COUN-
Honorable Mayor and CIL WARD ONE there were Six hundred
Members of the City Council eighty-five(685) votes cast as follows:
In accordance with Chapter 400 of the . Lou Oswald - Received eighty-six (86)
Code of lowa, a promotional examination for votes
the position of Equipment Operator I was ad- . John T. Pregler - Received hnro hun-
ministered on September 6, 2017. We hereby dred thirty-eight(238)votes
certify that the individuals listed below have . Brett Shaw - Received three hundred
passed this written examination and the va- sixty-one (361) votes
cancy for this position should be made from In testimony whereof, we have set our
this list and that this list is good for two (2) hands and caused this to be attested by the
years from above date. clerk of the board of supervisors, with the seal
Equipment Operator I of this county.
1. Zachary Thill, 2. Perry Martin, 3. Chris Done at Dubuque City, the county seat of
Lahey, 4. Aaron Lincoln, 5. Tim Neuhaus, 6. this County, this 12t°day of October, 2017.
Brian Wulfekuhle, 7. Jamie Hutchins /s/J.Wickham
Eligible Employee: Chris Kennedy /s/David J. Baker
Respectfully submitted, /s/Daryl Klein
/s/Dan White, Chairman Members of the Board of Supervisors and ex-
Civil Service Commission officio County Board of Canvassers
Attested: /s/Denise M. Dolan, County Auditor
October 10, 2017 and Clerk of the Board of Elections
Honorable Mayor and
Members of the City Council 21. Wellmark Blue Cross and Blue Shield
In accordance with Chapter 400 of the of lowa - Revised Administrative Services
Code of lowa, a promotional examination for Agreement: City Manager recommending ap-
the position of Equipment Operator II was ad- proval of a revised Administrative Services
ministered on August 29, 2017. We hereby Agreement with Wellmark Blue Cross and Blue
certify that the individuals listed below have Shield of lowa to include a reference to Insur-
passed this written examination and the va- ance Schedule J, which specifies the City's
cancy for this position should be made from insurance requirements for professional ser-
this list and that this list is good for two (2) vices. Upon motion the documents were re-
years from above date. ceived,filed and approved.
Equipment Operator II
1. Gary Valentine, 2. Adam Leeser, 3. 22.Winger Release of Claim in Estate: City
Nicholas Wilson, 4. Matt Herman, 5. Barbara Manager recommending approval of a release
Liska, 6. Zachary Thill, 7. Bruce Nowak, 8. of claim in the Estate/Conservatorship of Ger-
Perry Mason, 9. Brian Wulfekuhle, 10. Chris ald J. Winger, Sr. Upon motion the documents
Lahey were received, filed and approved.
Respectfully submitted,
/s/Dan White, Chairman 23. Mediacom Communications Company:
Civil Service Commission Correspondence from Lee Grassley, Senior
Manager of Government Relations for Media-
20. Abstract of Votes: City Clerk transmit- com Communications Company, informing the
ting the Abstract of Votes for the October 10, City of its filing of a Notice of Renewal with the
2017 Primary Election as certified by the lowa Utilities Board for continuing service in
County Auditor. Upon motion the documents Dubuque. Upon motion the document was
were received and filed. received and filed.
Book 147 Regular Session November 6, 2017 432
24. Tiger IX Grant Application: City Man- Passed, approved and adopted this 6t° day
ager recommending approval of the City of of November, 2017.
Dubuque's Tiger IX Application submitted to Roy D. Buol, Mayor
the U.S. Department of Transportation. Motion Attest: Kevin S. Firnstahl, City Clerk
by Lynch to receive and file the documents
and approve the recommendation. Seconded 26. SW Arterial East Grading Phase 2 lowa
by Jones. Responding to questions from the Department of Transportation (IDOT) Coop-
City Council, City Manager Van Milligen, As- erative Agreement: City Manager recommend-
sistant City Manager Teri Goodmann, and ing Council authorization for the Mayor to exe-
Assistant City Engineer Bob Schiesl explained cute the lowa Department of Transportation
how the grant requirements for a project being Cooperative Agreement for the Southwest
"shovel ready" along with City Council goals Arterial-East Grading Project from Catfish
made the 16t° StJKerper Blvd./Schmitt Island Creek to Military Road. Upon motion the doc-
traffic area a priority opportunity for the grant uments were received and filed and Resolution
adding that the annual recurrence of the grant No. 355-17 Approving the Cooperative
is uncertain. Motion carried 7-0. Agreement (Agreement No. 2018-16-068) be-
tween the City of Dubuque and lowa Depart-
25. Funding Agreement with the City of inent of Transportation for the Southwest Arte-
Asbury for the Pennsylvania Avenue / Middle rial - East Grading Project from Catfish Creek
Road Culvert Replacement: City Manager rec- to Military Road was adopted.
ommending authorization for the Mayor to ex-
ecute a Funding Agreement with the City of RESOLUTION NO. 355-17
Asbury for the Pennsylvania Avenue /Middle APPROVING THE COOPERATIVE AGREE-
Road Culvert Replacement Project. Upon mo- MENT (AGREEMENT NO. 2018-16-068) BE-
tion the documents were received and filed TWEEN THE CITY OF DUBUQUE AND 10-
and Resolution No. 354-17 Approving a Fund- WA DEPARTMENT OF TRANSPORTATION
ing Agreement with the City of Asbury for the FOR THE SOUTHWEST ARTERIAL - EAST
Pennsylvania Avenue / Middle Road Culvert GRADING PROJECT FROM CATFISH
Replacement Project was adopted. CREEK TO MILITARY ROAD
Whereas, the Dubuque City Council, the
RESOLUTION NO. 354-17 Dubuque County Board of Supervisors, the
APPROVING A FUNDING AGREEMENT Dubuque Metropolitan Area Transportation
WITH THE CITY OF ASBURY FOR THE Study (DMATS), the Dubuque Area Chamber
PENNSYLVANIA AVE. - MIDDLE ROAD of Commerce and the Greater Dubuque De-
CULVERT REPLACEMENT PROJECT velopment Corporation have all identified the
Whereas, there is an existing large diame- completion of the Southwest Arterial Project as
ter corrugated metal pipe (CMP) culvert that the No. 1 surface transportation priority in the
passes stormwater under Pennsylvania Ave. / Dubuque area; and
Middle Roadjustwestof Radford Road; and Whereas, the City of Dubuque (City) and
Whereas, the corporate City limits for both lowa Department of Transportation (lowa
Dubuque and Asbury is located along the ap- DOT) desire to maintain and increase trans-
proximate centerline of the road, the existing portation infrastructure while improving safety
CMP culvert is located within each municipal for the motorist within the City of Dubuque and
jurisdiction; and Dubuque County and acknowledge the mutual
Whereas, both City and Asbury staff have benefit to partner on the Southwest Arterial
reviewed the deteriorated condition of the Project; and
CMP culvert and have agreed that it would be Whereas, the City and the lowa DOT exe-
mutually beneficial to replace the deteriorated cuted a Memorandum of Understanding
culvert. (MOU) and a Transfer of Roadway Jurisdiction
NOW THEREFORE, BE IT RESOLVED (TOJ) for the completion of the Southwest Ar-
BY THE CITY COUNCIL OF THE CITY OF terial project; and
DUBUQUE, IOWA, THAT: Whereas, the lowa DOT and City, in joint
Sedion 1. The City of Dubuque and the cooperation propose to Transfer the Jurisdic-
City of Asbury will mutually share (50% /50%) tion of the Southwest Arterial from the City to
the associated costs for the culvert replace- the lowa DOT in exchange for the Transfer of
ment project. Jurisdiction of the Northwest Arterial (lowa 32),
Section 2. That the Mayor be authorized and portions of existing U.S. 52/lowa 3 from
and directed to execute two copies of said the lowa 32/John Deere Road intersedion to
Funding Agreement with the City of Asbury for the intersection of U.S. 61 in downtown Dubu-
the Pennsylvania Ave. - Middle Road Culvert que, from the State to the City, after the
Replacement Project. Southwest Arterial is completed and open to
traffic; and
Whereas, the City shall be responsible for
Book 147 Regular Session, November 6, 2017 433
final design, preparing construction documents and lowa Department of Transportation for the
and letting bids for the East Grading project Southwest Arterial Interchange - US20 Main-
through the lowa DOT in January 2018; and line Dual Bridges Project was adopted.
Whereas, the lowa DOT will be the con-
tracting authority and will be responsible for RESOLUTION NO. 356-17
the costs associated with the construction, APPROVING THE PRECONSTRUCTION
inspection; and FUNDING AGREEMENT (AGREEMENT NO.
Whereas, the East Grading projed provide 2018-12-066) BETWEEN THE CITY OF
for the grading of a portion of the 4-lane DUBUQUE AND IOWA DEPARTMENT OF
Southwest Arterial from Military Road to Cat- TRANSPORTATION FOR THE SOUTHWEST
fish Creek; and ARTERIAL INTERCHANGE - US20 MAIN-
Whereas, the lowa DOT will be responsible LINE DUAL BRIDGES PROJECT
for grading the multi-use trail as part of the Whereas, the Dubuque City Council, the
projed; and Dubuque County Board of Supervisors, the
Whereas, upon completion of construction, Dubuque Metropolitan Area Transportation
the City shall accept responsibility for the mul- Study (DMATS), the Dubuque Area Chamber
ti-use trail including future paving, associated of Commerce and the Greater Dubuque De-
fencing and future maintenance of the multi- velopment Corporation have all identified the
use trail. completion of the Southwest Arterial Project as
NOW, THEREFORE, IT IS AGREED BY the No. 1 surface transportation priority in the
AND BETWEEN THE PARTIES AS FOL- Dubuque area; and
LOWS: Whereas, the City of Dubuque (City) and
Section 1. City of Dubuque and the lowa lowa Department of Transportation (lowa
Department of Transportation hereby agree to DOT) desire to maintain and increase trans-
partner on the Southwest Arterial Project. portation infrastructure while improving safety
Section 2. Whereas, the lowa DOT and for the motorist within the City of Dubuque and
City, in joint cooperation propose to construct Dubuque County and acknowledge the mutual
the Southwest Arterial - East Grading project, benefit to partner on the Southwest Arterial
lowa DOT Project No. NHSX-032-1 (50)-3H- Projed; and
31. Whereas, the City and the lowa DOT exe-
Section 3. Whereas, in accordance with cuted a Memorandum of Understanding
the provisions of lowa Administrative Code, (MOU) and a Transfer of Roadway Jurisdiction
the City is responsible for all costs associated (TOJ) for the completion of the Southwest Ar-
with future paving, associated fencing and terial project; and
future maintenance of the multi-use trail. Whereas, the lowa DOT and City, in joint
Sedion 4. The Mayor is hereby authorized cooperation propose to Transfer the Jurisdic-
to execute the Cooperative Agreement tion of the Southwest Arterial from the City to
(Agreement No. 2018-16-068), between the the lowa DOT in exchange for the Transfer of
City of Dubuque and the lowa Department of Jurisdiction of the Northwest Arterial (lowa 32),
Transportation for the Southwest Arterial - and portions of existing U.S. 52/lowa 3 from
East Grading Project from Catfish Creek to the lowa 32/John Deere Road intersection to
Military Road. the intersection of U.S. 61 in downtown Dubu-
Passed, approved and adopted this 6t° day que, from the State to the City, after the
of November 2017. Southw�st Arterial is completed and open to
Roy D. Buol, Mayor traffic; and
Attest: Kevin S. Firnstahl, City Clerk Whereas, as part of the Southwest Arterial
project, there will be a new interchange con-
27. SW Arterial / US 20 Interchange Over- struded near the existing US20 - Seippel
pass Bridge lowa Department of Transporta- Road intersection. The future interchange will
tion (IDOT) Funding Agreement: City Manager connect directly to Seippel Road and provide
recommending authorization for the Mayor to an overpass bridge over the top of US High-
execute the lowa Department of Transporta- way 20; and
tion Preconstruction Funding Agreement for Whereas, the City was responsible for the
the relocation of utilities associated with the property acquisition, final design and prepara-
Southwest Arterial Interchange — US 20 Main- tion of construction documents for the re-
line Dual Bridges Project. Upon motion the placement of the US20 mainline dual bridges
documents were received and filed and Reso- which is scheduled for bid letting in December
lution No. 356-17 Approving the preconstruc- 2017. The lowa DOT will be responsible for
tion Funding Agreement (Agreement No. the costs associated with the construction and
2018-12-066) between the City of Dubuque completion of the replacement of the US20
mainline dual bridges; and
Book 147 Regular Session November 6, 2017 434
Whereas, prior to constructing the over- Section 4. The City hereby agrees to reim-
pass interchange, the existing eastbound and burse the lowa DOT for all costs associated
westbound dual bridges on mainline US20 will with the relocation, modification or adjustment
need to be replaced; and of the City's public utilities that are impacted by
Whereas, the City has an existing 18-inch the project.
gravity interceptor sanitary sewer that is locat- Section 5. The Mayor is hereby authorized
ed along catfish creek that will be impacted by to execute the Preconstruction Funding
the Southwest Arterial overpass bridge and the Agreement (Agreement No. 2018-12-066),
new replacement US20 mainline dual bridges. between the City of Dubuque and the lowa
The gravity interceptor sanitary sewer will Department of Transportation for the South-
need to be relocated as part of the project; and west Arterial Interchange- US20 Mainline Dual
Whereas, in accordance with the provi- Bridges project.
sions of lowa Administrative Code, the City is Passed, approved and adopted this 6t° day
responsible for all costs associated with the of November, 2017.
relocation, modification or adjustment of the Roy D. Buol, Mayor
City's public utilities that are impacted by the Attest: Kevin S. Firnstahl, City Clerk
projed; and
Whereas, per the terms and conditions of 28. Master Co-Location and Shared Ser-
the Cooperative Preconstruction Agreement, vices Agreement Between the City of Dubu-
the City will be responsible for the following que, lowa and Unite Private Networks, LLC:
utility related costs: City Manager recommending approval of a
100% of the cost for sanitary sewer re- Master Co-Location and Shared Services
location, modification, or adjustments. Agreement between the City of Dubuque, lowa
5% of the cost for mobilization. and Unite Private Networks, LLC for improving
5% of the cost for traffic control. fiber capacity in the Kerper Blvd., Rhomberg
5% of the cost for construction survey; Ave. and Hawthorne Ave. areas. Upon motion
Whereas, the estimated cost for the City's the documents were received, filed and ap-
share associated with the relocation, modifica- proved.
tion or adjustment of public utilities that are
impacted by the project is summarized as fol- 29. Community Housing Initiatives (CHI) -
lows: Agreement Amendment: City Manager rec-
_________________________ Estimate_ ommending approval of an Amended Agree-
I� Sanitary Sewer Relocation, Modifica-I, $p03,930 �'� ment behrt2en Community Housing Initiatives
'�F_tion,Adjustment_____________;________j and the City of Dubuque's Housing and Com-
'�, '�, Total Project Cost-City '�,� '�, munity Development Department to move up
'�,______'�,_Share_____________ ,________, the funding schedule to the Community Hous-
and ing Initiatives. Upon motion the documents
Whereas, the anticipated funding for the were received and filed and Resolution No.
pro�ect summary is as follows,_ _ 357-17 Approving the First Amendment to the
—1---- ---
��, CIP No._��,_Fund Description __ ��, Estimate ��, Agreement between the City of Dubuque, lowa
r �710 2670 '_DMATS STBG Funds___�_ $163,144 j and the Community Housing Initiatives was
710 2670 SW Arterial- US20 Inter- p
change Utility Relocation I 4Q786 I ado ted.
� � Total Project Funding- � RESOLUTION NO. 357-17
Y APPROVING THE FIRST AMENDMENT TO
� NOW,�THEREFORE, IT IS AGREE-D�BY����
__ __ ania ons . un_ _______
--------------- -- THEAGREEMENTBETWEENTHECITYOF
AND BEfWEEN THE PARTIES AS FOL- DUBUQUE, IOWA AND COMMUNITY HOUS-
LOWS: ING INITIATIVES
Sedion 1. City of Dubuque and the lowa Whereas, the City of Dubuque, lowa
Department of Transportation hereby agree to (City)and Community Housing Initiatives (CHI)
partner on the Southwest Arterial Project. entered into an Agreement dated for reference
Sedion 2. The lowa DOT and City, in joint purposes the 1��day of July, 2016; and
cooperation propose to construct the South- Whereas, City and CHI desire to amend
west Arterial Interchange- US20 Mainline Dual the Agreement as set forth in the attached
Bridges project, lowa DOT Project No. NHSX- First Amendment to the Agreement; and
020-9 (211)-3H31. Whereas, the City Council believes it is in
Section 3. In accordance with the provi- the best interests of the City of Dubuque to
sions of lowa Administrative Code, the City is approve the First Amendment to the Agree-
responsible for all costs associated with the ment.
relocation, modification or adjustment of the NOW, THEREFORE, BE IT RESOLVED
City's public utilities that are impacted by the BY THE CITY COUNCIL OF DUBUQUE, 10-
projed. WA AS FOLLOWS:
Sedion 1. The City of Dubuque hereby ap-
Book 147 Regular Session, November 6, 2017 435
proves the First Amendment to the Agreement Passed, approved and adopted this 6t° day
between the City of Dubuque and Community of November, 2017.
Housing Initiatives, a copy of which is attached Roy D. Buol, Mayor
hereto. Attest: Kevin S. Firnstahl, City Clerk
Sedion 2 The Mayor is authorized and di-
rected to sign the First Amendment to the 31. Cohen-Esrey Request for Urban Revi-
Agreement on behalf of the City of Dubuque. talization Designation for former Holy Ghost
Passed, approved and adopted this 6t° day SchooC City Manager recommending approval
of November, 2017. of a Resolution supporting the Low-Income
Roy D. Buol, Mayor Housing Tax Credit program application to be
Attest: Kevin S. Firnstahl, City Clerk submitted to the lowa Economic Development
Authority by Cohen-Esrey for the redevelop-
30. Grant of Easement for Water Main Utili- ment of the former Holy Ghost School and
ty- 13715 Barrington Lakes Drive: City Manag- Convent into affordable housing. Upon motion
er recommending acceptance of the Grant of the documents were received and filed and
Easement for Water Main Utility from Kristine Resolution No. 359-17 Supporting Cohen-
and Randy Nauman across part of Lot 9 of Esrey application for low-income housing tax
Barrington Lakes No. 3 in Dubuque County, as credit for Central Avenue historic residences
part of the Westside Water System Improve- wasadopted.
ments 2017: Contract C Hwy 20 Water Main
Extension. Upon motion the documents were RESOLUTION NO. 359-17
received and filed and Resolution No. 358-17 SUPPORTING COHEN-ESREY APPLICA-
Accepting a Grant of Easement for Water Main TION FOR LOW-INCOME HOUSING TAX
Utility through, over and across Part of Lot 9 of CREDIT FOR CENTRAL AVENUE HISTORIC
Barrington Lakes No. 3, Dubuque County, RESIDENCES
lowa was adopted. Whereas Ordinance 11-16 of April 18,
2016, designated the Paragon Square Urban
RESOLUTION NO. 358-17 Revitalization as defined in Sedion 404 of the
ACCEPTING A GRANT OF EASEMENT FOR lowa Code; and
WATER MAIN UTILITY THROUGH, OVER Whereas, the Developer Cohen-Esrey re-
AND ACROSS PART OF LOT 9 OF BAR- quested City support for the Tax Credit appli-
RINGTON LAKES NO. 3, DUBUQUE COUN- cation to the State of lowa to redevelop 2887
TY, IOWA and 2901 Central Avenue; and
Whereas, Kristine M. Nauman and Randy Whereas, the Low-Income Tax Credit Ap-
S. Nauman have executed a Grant of Ease- plication by Cohen-Esrey to the State of lowa
ment for Water Main Utility through, over and is consistent with the development of afforda-
across part of Lot 9 of Barrington Lakes No. 3, ble, housing described in the Paragon Square
Dubuque County, lowa. Urban Revitalization Plan.
NOW THEREFORE, BE IT RESOLVED NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: DUBUQUE, IOWA:
Sedion 1. The City Council of the City of Sedion 1. The City Council supports the
Dubuque, lowa, hereby approves of, accepts development of affordable housing located at
and consents to the Grant of Easement for 2887 and 2901 Central Avenue.
Water Main Utility through, over and across Section 2. The proposed development for
Part of Lot 9 of Barrington Lakes No. 3, Dubu- Central Avenue Historic Residences is located
que County, lowa as shown on the attached within the Paragon Square Urban Revitaliza-
Grant of Easement for Water Main Utility and tion Area and eligible for a 10-year 100% tax
Exhibit A, from Kristine M. Nauman and Randy abatement from the value added by the im-
S. Nauman, a copy of which is attached here- provements, estimated at$14,288 per year.
to. Passed, approved and adopted this 6t° day
Section 2. The Mayor is hereby authorized of November, 2017.
and directed to execute and acknowledge on Roy D. Buol, Mayor
behalf of the City of Dubuque any instruments Attest: Kevin S. Firnstahl, City Clerk
in connection herewith.
Sedion 3. The City Clerk is hereby author- 32. Request for Proposals - Roosevelt
ized to and directed to record this resolution Street Water Tower Project: City Manager
and Grant of Easement for Water Main Utility recommending authorization for staff to solicit
with the Dubuque County Recorder. proposals from professional engineering firms
to assist the City in development of the prelim-
inary engineering report, intended use plan
application, archeological and environmental
assessments, and the self-assessment lowa
Book 147 Regular Session November 6, 2017 436
Water System Viability documents, in support of November, 2017.
of obtaining the necessary funding for the Roy D. Buol, Mayor
Roosevelt Street Water Tower Project. Upon Attest: Kevin S. Firnstahl, City Clerk
motion the documents were received, filed and
approved. ITEMS SET FOR PUBLIC HEARING
33. Improvement Contracts/ Performance, Motion by Lynch to receive and file the
Payment and Maintenance Bonds: Dave documents, adopt the resolutions, set the pub-
Schmitt Construction, Inc. for the Avoca Street lic hearings as indicated, and direct the City
Storm Sewer Extension Project. Upon motion Clerk to publish notice as prescribed by law.
the documents were received, filed and ap- Seconded by Connors. Motion carried 7-0.
proved.
1. Derby Grange Road Sanitary Sewer Ex-
34. Signed Contracts: Dubuque Initiatives tension Projed Initiation: City Manager rec-
Agreement for 2017-2018. Upon motion the ommending initiation of the public bidding pro-
documents were received and filed. cedure for the Derby Grange Sanitary Sewer
Extension Project, and further recommends
35. Alcohol License Applications: City that a public hearing be set for November 20,
Manager recommending approval of annual 2017. Upon motion the documents were re-
beer, liquor and wine licenses as submitted. ceived and filed and Resolution No. 361-17
Upon motion the documents were received Preliminary approval of plans, specifications,
and filed and Resolution No. 360-17 Approving form of contract and estimated cost; setting
applications for beer, liquor, and/or wine per- date of public hearing on plans, specifications,
mits, as required by City of Dubuque Code of form of contract, and estimated cost; and or-
Ordinances Title 4 Business and License Reg- dering the advertisement for bids was adopted
ulations, Chapter 2 Liquor Control, Article B setting a public hearing for a meeting to com-
Liquor, Beer and Wine Licenses and Permits mence at 6:00 p.m. on November 20, 2017 in
was adopted. the Historic Federal Building.
RESOLUTION NO. 360-17 RESOLUTION NO. 361-17
APPROVING APPLICATIONS FOR BEER, DERBY GRANGE SANITARY SEWER EX-
LIQUOR, AND/OR WINE PERMITS, AS RE- TENSION PROJECT
QUIRED BY CITY OF DUBUQUE CODE OF PRELIMINARY APPROVAL OF PLANS,
ORDINANCES TITLE 4 BUSINESS AND LI- SPECIFICATIONS, FORM OF CONTRACT,
CENSE REGULATIONS, CHAPTER 2 LIQ- AND ESTIMATED COST; SETTING DATE
UOR CONTROL, ARTICLE B LIQUOR, OF PUBLIC HEARING ON PLANS, SPECI-
BEER AND WINE LICENSES AND PERMITS FICATIONS, FORM OF CONTRACT, AND
Whereas, applications for Beer, Liquor, ESTIMATED COST; AND ORDERING THE
and or Wine Permits have been submitted and ADVERTISEMENT FOR BIDS
filed with the City Council for approval and the NOW THEREFORE, BE IT RESOLVED
same have been examined and approved; and BY THE CITY COUNCIL OF THE CITY OF
Whereas, the premises to be occupied by DUBUQUE, IOWA:
such applicants were inspected and found to The proposed plans, specifications, form of
comply with the Ordinances of the City and the contract and estimated cost for the Derby
applicants have filed the proper fees and Grange Sanitary Sewer Extension Project in
bonds and otherwise complied with the re- the estimated amount$605,656.93, are hereby
quirements of the Code of Ordinances. preliminarily approved and ordered filed in the
NOW, THEREFORE, BE IT RESOLVED office of the City Clerk for public inspection.
BY THE CITY COUNCIL OF THE CITY OF A public hearing will be held on the 20�n
DUBUQUE, IOWA: day of November, 2017, at 6:00 p.m. in the
Section 1. The City Clerk is hereby author- Historic Federal Building Council Chambers
ized and direded to cause to be issued the (second floor) 350 W. 6t° Street, Dubuque,
noted permit types to the following applicants lowa, at which time interested persons may
pending submission of the locally required appear and be heard for or against the pro-
documentation: posed plans and specifications, form of con-
Renewals tract and estimated cost of said Project, and
Barrel House Dubuque, 299 Main St., Class C the City Clerk be and is hereby directed to
Liquor(Sunday) cause the attached notice of the time and
HuHot Mongolian Grill, 555 J. F. Kennedy Rd., place of such hearing to be published in a
Special Class C Liquor(Sunday) newspaper having general circulation in the
Yen Ching Restaurant, 926 Main St., Class C City of Dubuque, lowa, which notice shall be
Liquor published not less than four days nor more
Passed, approved and adopted this 6t° day than twenty days prior to the date of such
Book 147 Regular Session, November 6, 2017 437
hearing. At the hearing, any interested person THAT CERTAIN PROPERTY NEAR 3'2ND
may appear and file objections to the proposed AND JACKSON STREETS IS AN URBAN
plans, specifications, form of contract, or esti- RENEWAL AREA, MEETS THE DEFINITION
mated cost of the Project. OF A BLIGHTED AREA UNDER THE UR-
Derby Grange Sanitary Sewer Extension BAN RENEWAL LAW, AND THAT DEVEL-
Projed is hereby ordered to be advertised for OPMENT OF SAID AREA IS NECESSARY IN
bidsforconstruction. THE INTEREST OF THE RESIDENTS OF
The amount of the security to accompany THE CITY OF DUBUQUE, IOWA, AUTHOR-
each bid shall be in an amount which shall IZING AND DIRECTING THE CITY MANAG-
conform to the provisions of the Notice to Bid- ER TO PREPARE AN URBAN RENEWAL
ders hereby approved. PLAN FOR THE PERU ROAD URBAN RE-
The City Engineer is hereby directed to ad- NEWAL AREA, AND SETTING DATES OF
vertise for bids for the construction of the im- HEARING AND CONSULTATION ON A
provements herein provided, by posting the PROPOSED URBAN RENEWAL PLAN FOR
attached Notice to Bidders to the Master SAID AREA
Builders of lowa Plan Room, The Construction Whereas, the City Council of the City of
Update Nehnrork and posted on the City of Dubuque has determined that the creation of
Dubuque website at the Peru Road Urban Renewal Area (the "Ar-
vww�.citvofdubuaue.ora/bids. Publication will ea") will stimulate, through public involvement
occur not less than thirteen but not more than and commitment, blight mitigation and private
forty-five days before the date for filing bids investment in redevelopment activity; and
before 2:00 p.m. on the 22od day of November Whereas, the City Council has determined
2017. Bids shall be opened and read by the that the area described in Attachment A to this
City Clerk at said time and will be submitted to Resolution meets the definition of a blighted
the City Council for final action at 6:00 p.m. on area as defined in Chapter 403 "Urban Re-
the 4t° day of December, 2017, in the Historic newal" of the lowa Code; and
Federal Building Council Chambers (second Whereas, Chapter 403 of the lowa Code
floor), 350 West 6t°Street, Dubuque, lowa. requires that before urban renewal authority
Passed, adopted and approved this 6t° day may be exercised, a City Council must adopt a
of November, 2017. resolution of necessity finding that the area in
Roy D. Buol, Mayor question is a slum, blighted or economic de-
Attest: Kevin S. Firnstahl, City Clerk velopment area, and that so designating such
area is necessary in the interest of the public
2. Peru Road Urban Renewal District - health, safety or welfare of the residents of the
Resolution of Necessity: City Manager rec- municipality.
ommending approval of a Resolution of Ne- NOW, THEREFORE, BE IT RESOLVED
cessitythatfindsthatthe proposed Peru Road BY THE CITY COUNCIL OF THE CITY OF
Urban Renewal Area is a blighted area and DUBUQUE, IOWA:
that the area is appropriate for an urban re- Sedion 1. That the proposed Peru Road
newal project; directs the City Manager to pre- Urban Renewal Area, as generally described
pare a proposed Urban Renewal Plan for the in Attachment A and Attachment B to this
Peru Road Urban Renewal Area; and sets a Resolution, is a blighted area as defined by
public hearing on the proposed plan for De- Chapter 403 of the lowa Code and is appropri-
cember 4, 2017. Upon motion the documents ate for an urban renewal project.
were received and filed and Resolution No. Section 2. That the development of the Pe-
362-17 Resolution of Necessity finding that ru Road Urban Renewal Area is necessary
certain property near 32od and Jackson Streets and appropriate to facilitate the proper growth
is an Urban Renewal Area, meets the defini- and development of the community in accord-
tion of a Blighted Area under the Urban Re- ance with sound planning and local community
newal Law, and that development of said area objectives.
is necessary in the interest of the residents of Sedion 3. That the City Manager is author-
the City of Dubuque, lowa, authorizing and ized and directed to prepare an Urban Renew-
direding the City Manager to prepare an Ur- al Plan for the Peru Road Urban Renewal Ar-
ban Renewal Plan for the Peru Road Urban ea, to forv�ard said Plan to the City's Long
Renewal Area, and setting dates of hearing Range Planning Commission for review and
and consultation on a proposed Urban Re- comment and to begin the consultation pro-
newal Plan for said Area was adopted setting cess required by law with affected taxing enti-
a public hearing for a meeting to commence at ties.
6:00 p.m. on December 4, 2017 in the Historic Section 4. That the City Council hold a
Federal Building. public hearing on the adoption of the proposed
Urban Renewal Plan for the Peru Road Urban
RESOLUTION NO. 362-17 Renewal Area on December 4, 2017 at 6:00
RESOLUTION OF NECESSITY FINDING p.m. in the Historic Federal Building, 350 West
Book 147 Regular Session November 6, 2017 438
6t°Street, Dubuque, lowa 52001. The notice of purposes and objectives of the foregoing Ur-
said hearing shall generally identify the areas ban Renewal Plan; and
covered by the Plan and the general scope of Whereas, City staff has recommended that
the urban renewal activities planned for such the Plan be amended to add additional project
areas, and said notice shall be published and details; and
available to the public not less than four days Whereas, Chapter 403 of the lowa Code
nor more than twenty days before the date of requires that before a Plan may be modified,
said meeting. A copy of the notice of public the City Council must adopt a resolution direct-
hearing shall be sent by ordinary mail to the ing that an amended Plan to prepared and set
affeded taxing entities. for public hearing.
Sedion 5. That the City Clerk is further di- NOW, THEREFORE, BE IT RESOLVED
rected to send by ordinary mail a copy of said BY THE CITY COUNCIL OF THE CITY OF
Plan, the notice of public hearing, a notice of DUBUQUE, IOWA:
consultation, and, to the extent the Plan in- Sedion 1. That the City Manager is author-
cludes the use of tax increment revenues for a ized and directed to prepare an Amended and
public building, an analysis of alternative de- Restated Urban Renewal Plan for the Greater
velopment and funding options for such public Downtown Urban Renewal District to include in
buildings, to the Dubuque Community School such Plan any appropriate project activities
District and the Dubuque County Board of Su- and details, and to determine an appropriate
pervisors, as the affected taxing entities. date for and conduct the consultation process
Passed, approved and adopted this 6t° day required by law with affected taxing entities
of November, 2017. concerning the proposed amendment.
Roy D. Buol, Mayor Sedion 2. That the City Council hold a
Attest: Kevin S. Firnstahl, City Clerk public hearing on the adoption of the proposed
Amended and Restated Urban Renewal Plan
3. Greater powntown Urban Renewal Dis- for the Greater powntown Urban Renewal
trict - Resolution of Necessity: City Manager District on December 4, 2017 at 6:00 p.m. in
recommending approval of a Resolution au- the Historic Federal Building, 350 West 6�n
thorizing and directing the City Manager to Street, Dubuque, lowa 52001. The notice of
prepare a proposed Amended and Restated said hearing shall generally identify the areas
Urban Renewal Plan for the Greater pown- covered by the Plan and the general scope of
town Urban Renewal District and sets a public the urban renewal activities planned for such
hearing on the proposed Amended and Re- areas, and said notice shall be published and
stated Urban Renewal Plan for December 4, available to the public not less than four days
2017. Upon motion the documents were re- nor more than twenty days before the date of
ceived and filed and Resolution No. 363-17 said meeting. A copy of the notice of public
Authorizing and directing the City Manager to hearing shall be sent by ordinary mail to the
prepare an Amended and Restated Urban affected taxing entities.
Renewal Plan for the Greater powntown Ur- Section 3. That the City Clerk is further di-
ban Renewal District, And Setting dates of rected to send by ordinary mail a copy of said
hearing and consultation on a proposed Plan, the notice of public hearing, a notice of
Amended and Restated Urban Renewal Plan consultation, and, to the extent the Plan in-
for said District was adopted setting a public cludes the use of tax increment revenues for a
hearing for a meeting to commence at 6:00 public building, an analysis of alternative de-
p.m. on December 4, 2017 in the Historic Fed- velopment and funding options for such public
eral Building buildings, to the Dubuque Community School
District and the Dubuque County Board of Su-
RESOLUTION NO. 363-17 pervisors, as the affected taxing entities.
AUTHORIZING AND DIRECTING THE CITY Passed, approved and adopted this 6t° day
MANAGER TO PREPARE AN AMENDED of November, 2017.
AND RESTATED URBAN RENEWAL PLAN Roy D. Buol, Mayor
FOR THE GREATER DOWNTOWN URBAN Attest: Kevin S. Firnstahl, City Clerk
RENEWAL DISTRICT, AND SETTING
DATES OF HEARING AND CONSULTATION ACTION ITEMS
ON A PROPOSED AMENDED AND RE-
STATED URBAN RENEWAL PLAN FOR 1. Request to Schedule Work Session on
SAID DISTRICT Inclusive Dubuque: City Manager recommend-
Whereas, the City Council of the City of ing that the City Council set the quarterly In-
Dubuque has heretofore approved the clusive Dubuque Work Session for
Amended and Restated Urban Renewal Plan
for the Greater powntown Urban Renewal
District (the "DistricY') in order to provide rede-
velopment opportunities which will further the
Book 147 Special Session, November 13, 2017 439
November 27, 2017 at 6:00 p.m. Motion by CITY OF DUBUQUE, IOWA
Connors to receive and file the documents and CITY COUNCIL PROCEEDINGS
set the wnrk session as recommended. Se-
conded by Jones. Motion carried 7-0. SPECIAL SESSION
OFFICIAL
2. Southwest Arterial Construction Update
Video: Cable TV Division showed a video of The Dubuque City Council met in special
the recent progress of the Southwest Arterial session at 6:00 p.m. on Monday, November
Projed. Motion by Lynch to receive and file the 13, 2017 in the Historic Federal Building, 350
information. Seconded by Resnick. Respond- W g�n Street.
ing to questions from the City Council following
the video, Assistant City Engineer Bob Schiesl present: Mayor Buol; Council Members
stated that while some construction will take Connors, Del Toro, Lynch, Resnick, Rios; City
place through the winter months, most has Manager Van Milligen, City Attorney Brumwell
been demobilized by the contractors. He add-
ed that certain project bids will be let through Absent: Council Member Jones
the winter in preparation of the spring con-
strudion season. Motion carried 7-0. Mayor Buol read the call and stated this is
a special session of the City Council called for
COUNCIL MEMBER REPORTS the purpose of conduding the Sustainable
Dubuque Quarterly Work Session.
Mayor Buol welcomed several Boy Scouts
of Troop#69. WORK SESSION
Council Member Resnick reported on the Sustainable Dubuque Quarterly
assistance Greater Dubuque Development WorkSession
Corp./True North Program, the City of Dubu-
que and citizens are providing the Corner Grill Assistant City Manager Cori Burbach, and
as they wnrk through issues created by the Sustainable Dubuque partners Craig Clefisch
Bee Branch Creek construdion in the area of Alliant Energy, David Lyons of Greater
Elm and 16t° Streets. Mr. Resnick reminded Dubuque Development Corp., and Chandra
everyone of Election Day, November 7, 2017. Ravada of East Central Intergovernmental
Agency conduded a work session that fo-
There being no further business, upon mo- cused a community-wide energy strategy, en-
tion the City Council adjourned at 7:08 p.m. ergy efficiency, renewable energy (buildings)
and transportation. Topics included:
/s/Kevin S. Fimstahl, CMC, City Clerk
• Alliant Energy Community assessment
overview of partnership with Dubuque
and agency programs,
• Support from City Economic Develop-
ment and the Chamber of Commerce.
o Rebate programs
o Infrastructure investment
o Property taxes received from Alliant
Energy
o Employment statistics
• Alignmentwith existing City plans
o Sustainable Dubuque, Imagine
Dubuque Comprehensive Plan,
50% by 2030 Greenhouse Gas Re-
duction Plan, Star Community rat-
ing related to climate and energy
• Operation New View / Alliant Energy
weatherization program
o Smart energy use
0 50% by 2030 GHC Reduction plan
o Imagine Dubuque 2037 a Call to
Adion Chapters 4, 6&7
o Star Community Rating: Climate &
Energy
• Where we stand now in terms of GHG
emissions for facilities and transportation
Book 147 Special Session November 13, 2017 440
Transitioning energy resources Ms. Burbach and Mr. Lyons responded to
o Review of Alliant energy statistics questions from the City Council about a possi-
for 2007, 2016&2024 ble partnership with the Mississippi River Cit-
- Coal, natural gas, nuclear, oil, ies and Towns Initiative and continued viability
renewables of geothermal opportunities in Dubuque with
o Solar installations statistics 2014 — proximity to the river.
2017
- More transparency about the PM (Particulate Matter) Advance Update
City's installation process . Dubuque's Path Forward to improve air
• What currently exists? quality 2017
o Partnerships with Black Hills, Alliant . Potosi Monitor
Energy, IEDA o Emission baseline inventory and
o Residential requirements & incen- contributors
tives o Emission reduction programs and
o Commercial, industrial & non-profit projects implemented
organizations o Comparison of pollutants; emission
o Municipal facilities contributors/sources/reduction for
- Piloting CNG vehicles Dubuque&Scott Counties
- Innovation: methane capture & . Potosi Monitor Raw Data from 2008-
use 2016
• Opportunities to build on success o Analyzed by season
o Economic: financial feasibility, op- o Future initiatives
portunities for job creation o Long-term projects
o Environmental: opportunities for
CHG reduction Responding to questions from the City
o Equity: benefits/burdens from rec- Council, Mr. Ravada stated that since Dubu-
ommended action que is a "non-containmenY' area, monitoring
o Increased access to infor- responsibilities fall to the DNR and/or EPA.
mation/transparency Otherwise monitoring costs, annual mainte-
o Residential opportunities nance responsibilities, strategic monitor loca-
o Commercial incentives & require- tion and staff training wnuld become the City's
ments responsibility. He added that the Dubuque
o Solarize campaign metro area is not affecting the Potosi Monitor,
o Dubuque County Energy District monitoring standards are reviewed about eve-
- Invest in our own facilities and ry 10 years and that Dubuque air-quality is
engage best pradices good.
o Electronic vehicle charging infra-
structure There being no further business, upon mo-
o Municipal fleet improvements and tion the City Council adjourned at 7:23 p.m.
recommendations
• Innovation: Water & Resource Recovery /s/Kevin S. Firnstahl, City Clerk
Center (WRRC) and Dubuque Metropoli-
tan Area Solid Waste Agency
(DMASWA)
o Biogas conversion
o Electric vehicles and charging sta-
tions, IDOT connedion to inter-
states
o Hydropower: Dubuque opportunity,
research, challenges, funding
sources, collaboration with
state/federal Corps of Engineers
• Next Steps
o Stakeholder engagement
o Development of implementation
timeline
o FY 2019 budget requests
o Opportunities for innovation
o Evaluation
Book 147 Regular Session, November 20, 2017 441
CITY OF DUBUQUE, IOWA 4. Quarterly Investment Report for Sep-
CITY COUNCIL PROCEEDINGS tember 30, 2017: City Manager transmitting
the September 30, 2017 Quarterly Investment
REGULAR SESSION Report. Upon motion the documents were
OFFICIAL received and filed.
The Dubuque City Council met in regular 5. Fiscal Year 2017 State of lowa Annual
session at 6:00 p.m. on November 20, 2017 in Financial Report: City Manager recommend-
the Historic Federal Building, 350 W. 6�n ing approval of the official document for the
Street. City of Dubuque's Fiscal Year 2017 Annual
Financial Report. Upon motion the documents
Present: Mayor Buol; Council Members Were received, filed and approved.
Connors, Del Toro, Lynch, Resnick, Rios; City
Manager Van Milligen, City Attorney Brumwell 6. Fiscal Year 2017 lowa Urban Renewal
Annual Report: City Manager recommending
Absent: Council Member Jones adoption of a resolution approving the Fiscal
Year 2017 lowa Urban Renewal Annual Re-
Mayor Buol read the call and stated this is port for the City of Dubuque. Upon motion the
a regular session of the City Council called for documents were received and filed and Reso-
the purpose of conducting such business that lution No. 364-17 Approving the Fiscal Year
may properly come before the City Council. 2017 Urban Renewal Report for the City of
Dubuque was adopted.
PROCLAMATION(S)
RESOLUTION NO. 364-17
1. Small Business Saturday (November APPROVING THE FISCAL YEAR 2017 UR-
25, 201� was accepted by Paige Murphy, BAN RENEWAL REPORT FOR THE CITY
Membership Concierge Manager for the OF DUBUQUE
Dubuque Area Chamber of Commerce. Whereas, the lowa Legislature approved
HF 2460 in the 2012 Legislative Session,
CONSENT ITEMS amending the current law pertaining to urban
renewal districts; and
Motion by Lynch to receive and file the Whereas, HF 2460, otherwise known as
documents, adopt the resolutions, and dis- the Urban Renewal Reporting Act of 2012,
pose of as indicated. Seconded by Connors. aims to increase transparency in the utilization
Kate West requested#21 be held for separate of tax increment financing; and
discussion. Motion carried 6-0. Whereas, HF 2460 requires an annual ur-
ban renewal report be approved by the majori-
1. Minutes and Reports Submitted: Cable ty of a local governing body that had an active
TV Commission of 11/1; City Council Pro- urban renewal plan anytime during the most
ceedings of 11/6, 11/13; Human Rights Com- recently ended fiscal year; and
mission of 10/9; Investment Oversight Adviso- Whereas, City staff have fulfilled the re-
ry Commission of 10/25; Library Board of quirements outlined in the Act through a web-
Trustees of 9/27, and Council Update#164 of based reporting tool hosted by the lowa De-
10/19; Resilient Community Advisory Com- partment of Management.
mission of 7/6, 7/25, 8/3, 9/7, 10/5; Zoning NOW, THEREFORE, BE IT RESOLVED
Advisory Commission of 11/1/17. Upon mo- BY THE CITY COUNCIL OF THE CITY OF
tion the documents were received and filed. DUBUQUE, IOWA:
Sedion 1. That the Fiscal Year 2017 Ur-
2. Notice of Claims and Suits: Angela ban Renewal Report for the City of Dubuque,
Mangeno for vehicle damage and Frank Vans be approved.
Evers for vehicle damage. Upon motion the Section 2. That the Budget Director of the
documents were received, filed, and referred City of Dubuque, lowa is hereby authorized
to the City Attorney. and directed to submit the Report, with a rec-
ord of this approval, to the lowa Department
3. Disposition of Claims: City Attorney ad- of Management.
vising that the following claims have been Passed, approved and adopted this 20�n
referred to Public Entity Risk Services of lowa, day of November, 2017.
the agent for the lowa Communities Assur- Roy D. Buol, Mayor
ance Pool: Angela Mangeno for vehicle dam- Attest: Kevin S. Firnstahl, City Clerk
age and Frank Vans Evers for vehicle dam-
age. Upon motion the documents were re- 7. Dubuque's Path Forward to Improved
ceived,filed, and concurred. Air Quality 2017: City Manager recommending
approval of the updated Path Forward to Im-
Book 147 Regular Session November 20, 2017 442
proved Air Quality 2017 to be submitted to the BY THE CITY COUNCIL OF THE CITY OF
Environmental Protection Agency PM Ad- DUBUQUE, IOWA:
vance Program. Upon motion the documents Section 1. The Mayor hereby is authorized
were received, filed and approved. to sign the FY 2018 REAP Grant agreement
with the lowa Department of Natural Re-
8. Four Mounds Public Information Bro- sources for Phase 2 of the Eagle Point Park
chure: City Manager transmitting the Four Environmental Restoration Management Plan
Mounds 30th Anniversary public information on behalf of the City of Dubuque.
brochure. Upon motion the document was Section 2. That the City Council hereby
received and filed. provides its written assurance that the com-
pleted project will be adequately maintained
9. Sustainable Dubuque Community Grant for its intended use in accordance with state
Approval: City Manager recommending ap- requirements.
proval of the Resilient Community Advisory Passed, approved and adopted this 20�n
Commission recommendations for funding day of November, 2017.
eight projects from the Sustainable Dubuque Roy D. Buol, Mayor
Community Grant Program. Upon motion the Attest: Kevin S. Firnstahl, City Clerk
documents were received, filed and approved.
12. Dubuque Metropolitan Area Transit
10. Public, Educational, and Government Study (DMATS) Transportation Alternatives
(PEG) Capital Grant Expenditure Request: Program (TAP) Grant Application for Bee
City Manager recommending approval of the Branch Creek Trail: City Manager recom-
Cable TV Commission's request for funding mending approval of a resolution authorizing
from the Public, Educational, and Government submittal of the DMATS TAP Grant applica-
(PEG) Capital Grant for Access Equipment tion for the Bee Branch Creek Trail — Phase 1
and Facilities for the Dubuque Community Project. Upon motion the documents were
School Distrid and Loras College to purchase received and filed and Resolution No. 366-17
equipment. Upon motion the documents were Authorizing DMATS TAP Grant application for
received, filed and approved. Bee Branch Creek Trail Phase I was adopted.
11. REAP Grant Agreement for Eagle RESOLUTION NO. 366-17
Point Park Environmental Restoration: City AUTHORIZING DMATS TAP GRANT AP-
Manager recommending approval of a resolu- PLICATION FOR BEE BRANCH CREEK
tion and the FY 2018 REAP Grant Agreement TRAIL— PHASE 1
for Phase 2 of the Eagle Point Park Environ- Whereas, the Dubuque Metropolitan Area
mental Restoration Project. Upon motion the Transportation Study (DMATS) is seeking
documents were received and filed and Reso- applications for the Transportation Alterna-
lution No. 365-17 Authorizing REAP Grant tives Program(TAP) grant funds; and
Agreement with lowa Department of Natural Whereas, the lowa Department of Trans-
Resources for Phase 2 of Eagle Point Park portation Study (IDOT) administers DMATS
Environmental Restoration Management Plan Transportation Enhancement Program grant
was adopted. funds as part of the federal pass-through
funding in the IDOT Transportation Alterna-
RESOLUTION NO. 365-17 tives Program; and
AUTHORIZING REAP GRANT AGREEMENT Whereas, the City of Dubuque has allo-
WITH IOWA DEPARTMENT OF NATURAL cated local Sales Tau Increment funds in the
RESOURCES FOR PHASE 2 OF EAGLE Bee Branch Watershed Flood Mitigation Pro-
POINT PARK ENVIRONMENTAL RESTO- ject to match the requested TAP grant funds
RATION MANAGEMENT PLAN for construction of the Bee Branch Creek Trail
Whereas, the lowa Department of Natural —Phase 1 project.
Resources has allocated REAP (Resource NOW THEREFORE, BE IT RESOLVED
Enhancement and Protection) grant funds to BY THE CITY COUNCIL OF THE CITY OF
help establish natural areas, encourage out- DUBUQUE, IOWA:
door recreation, and enhance and protect Sedion 1. The Mayor is hereby authorized
Eagle Point Park's natural and cultural re- to sign the TAP grant application for construc-
sources; and tion of the Bee Branch Creek Trail — Phase 1
Whereas, the City of Dubuque's 2017 projed.
Comprehensive Plan includes recommenda- Section 2. That the City Council hereby
tions to conserve natural areas, preserve key provides its written assurance that the local
environmental features and provide recrea- match funds required for the project will be
tional opportunities for all in park and open provided and that the completed project will
space areas. be adequately maintained for its intended use
NOW THEREFORE, BE IT RESOLVED for a minimum of 20 years in accordance with
Book 147 Regular Session, November 20, 2017 443
grant requirements. ment pressures off greenspaces and working
Passed, approved and adopted this 20t° lands; and
day of November, 2017. Whereas, the U. S. Environmental Protec-
Roy D. Buol, Mayor tion Agency provides grants and technical
Attest: Kevin S. Firnstahl, City Clerk assistance to communities, states, tribes and
others to assess, safely clean up and sustain-
13. Notice of Intent to Request Release of ably reuse brownfields properties; and
Funds for Fiscal Year 2018 CDBG Funded Whereas, the City of Dubuque submitted
Programs: City Manager requesting the an application to the U. S. Environmental Pro-
Mayor's signature as Certifying Officer on the tection Agency requesting $200,000 in Brown-
Environmental Review Determination and fields Cleanup Grant Program assistance to
Request for Release of Funds and Certifica- help finance the cleanup of the Blum Brown-
tion form for the Fiscal Year 2018 Community fields site; and
Development Block Grant (CDBG) funded Whereas, on September 7, 2017, the U. S.
programs. Upon motion the documents were Environmental Protection Agency awarded
received, filed and approved. $200,000 to assist the City with the cleanup of
the Blum Brownfields site; and
14. U.S. EPA Brownfields Cleanup Coop- Whereas, the City Council has determined
erative Grant Agreement for 411 E. 15�° Street that execution of the Cooperative Agreement
Site: City Manager recommending adoption of is in the best interests of the City of Dubuque.
a resolution approving the terms of the Coop- NOW THEREFORE, BE IT RESOLVED
erative Agreement with the U.S. Environmen- BY THE CITY COUNCIL OF THE CITY OF
tal Protection Agency for the City to receive DUBUQUE, IOWA, THAT:
Brownfields Cleanup Grant funding for the Section 1. The Cooperative Agreement
cleanup of the Blum Brownfields site as part with the U. S. Environmental Protection Agen-
of the Bee Branch Watershed Flood Mitigation cy is hereby approved.
Project. Upon motion the documents were Section 2. The City Manager is hereby au-
received and filed and Resolution No. 367-17 thorized to execute any documents as are
Approving the Brownfields Cleanup Coopera- necessary to bind the City and to deliver the
tive Grant Agreement between the U.S. Envi- Cooperative Agreement and any other such
ronmental Protection Agency and the City of documents as the U. S. Environmental Pro-
Dubuque, lowa for the cleanup of the former tection Agency may reasonably request and
Blum Scrap Yard and Recycling Facility at as necessary for the City's receipt of Brown-
411 E. 15t° Street for the Bee Branch Water- fields Cleanup grant funding for the Blum
shed Flood Mitigation Project was adopted. Brownfields site at 411 E. 15t°Street.
Passed, approved and adopted this 20�n
RESOLUTION NO. 367-17 day of November, 2017.
APPROVING THE BROWNFIELDS CLEAN- Roy D. Buol, Mayor
UP COOPERATIVE GRANT AGREEMENT Attest: Kevin S. Firnstahl, City Clerk
BETWEEN THE U. S. ENVIRONMENTAL
PROTECTION AGENCY AND THE CITY OF 15. Plat of Survey - Cedar Ridge Farm
DUBUQUE, IOWA FOR THE CLEANUP OF Place No. 15: Zoning Advisory Commission
THE FORMER BLUM SCRAP YARD AND recommending approval of the Plat of Survey
RECYCLING FACILITY AT 411 E. 15T" for Lot L and Lot M Cedar Ridge Farm Place
STREET FOR THE BEE BRANCH WATER- No. 15 as requested by Craig Geiser, IIW P.C.
SHED FLOOD MITIGATION PROJECT / Julian Nemmers. Upon motion the docu-
Whereas, the City purchased the Blum ments were received and filed and Resolution
Brownfields site, a former scrap yard and re- No. 368-17 Approving the Plat of Survey Lot L
cycling facility located at 411 E. 15t° Street as and Lot M Cedar Ridge Farm Place No. 15 in
part of the Bee Branch Watershed Flood Miti- City of Dubuque, lowa was adopted.
gation Projed; and
Whereas, Phase I and Phase II Environ- RESOLUTION NO. 368-17
mental Assessments of the Blum Brownfields APPROVING THE PLAT OF SURVEY LOT L
site identified lead, arsenic, PAHs, and other AND LOT M CEDAR RIDGE FARM PLACE
contaminants in the soil and throughout the NO. 15 IN CITY OF DUBUQUE, IOWA
buildings such that the remediation or removal Whereas, there has been filed with the
of the contaminants is required to fully utilize City Clerk a Plat of Survey Lot L and Lot M
the site for its intended purpose; and Cedar Ridge Farm Place No. 15 in the city of
Whereas, cleaning up and reinvesting in Dubuque, lowa; and
brownfields, properties that may have hazard- Whereas, said Plat of Survey provides 0
ous substances, pollutants or contaminants feet of frontage for Lot L and Lot M on a public
present, protects human health and the envi- or approved private street, where street front-
ronment, reduces blight, and takes develop- age is required by Section 11-14 of Title 16 of
Book 147 Regular Session November 20, 2017 444
the City of Dubuque Code of Ordinances, DUBUQUE, IOWA:
Unified Development Code; and Section 1. The City Council of the City of
Whereas, said Plat of Survey has been Dubuque, lowa, hereby approves of, accepts
examined by the Zoning Advisory Commis- and consents to the Grant of Easement for
sion and had its approval endorsed thereon; Sanitary Sewer Utility through, over and Part
and of Lot 1 of the Southwest Quarter of the
Whereas, said Plat of Survey has been Southwest Quarter of Section 9, Township 89
examined by the City Council and they find North, Range 2 East of the 5t° P.M., in the
that it conforms to the statutes and ordinances County of Dubuque, lowa as shown on the
relating thereto. attached Grant of Easement for Sanitary
NOW THEREFORE, BE IT RESOLVED Sewer Utility and 6chibit A, from Marlene L.
BY THE CITY COUNCIL OF THE CITY OF Brimeyer, a copy of which is attached hereto.
DUBUQUE, IOWA: Sedion 2. The Mayor is hereby authorized
Section 1. That Section 11-14 of Title 16 of and directed to execute and acknowledge on
the City of Dubuque Code of Ordinances, behalf of the City of Dubuque any instruments
Unified Development Code, is waived to allow in connection herewith.
0 feet of frontage on a public street or an ap- Sedion 3. The City Clerk is hereby author-
proved private street for Lot L and Lot M. ized to and directed to record this resolution
Section 2. That the Plat of Survey Lot L and Grant of Easement for Sanitary Sewer
and Lot M Cedar Ridge Farm Place No. 15 is Utility with the Dubuque County Recorder.
hereby approved and the Mayor and City Passed, approved and adopted this 20�n
Clerk are hereby authorized and directed to day of November, 2017.
endorse the approval of the City of Dubuque, Roy D. Buol, Mayor
lowa upon said Plat of Survey. Attest: Kevin S. Firnstahl, City Clerk
Passed, approved and adopted this 20�n
day of November, 2017. 17. Renewal Rate for the Voluntary Dental
Roy D. Buol, Mayor Plan: City Manager recommending approval
Attest: Kevin S. Firnstahl, City Clerk of the renewal rates for the Volunteer Dental
Plan with Delta Dental beginning January 1,
16. Grant of Easement Sanitary Sewer 2018 through December 31, 2018 and author-
Utility for Marlene L. Brimeyer Property: City ization for the City Manager to sign the Finan-
Manager recommending acceptance of the cial Exhibit. Upon motion the documents were
Grant of Easement for Sanitary Sewer Utility received, filed and approved.
from Marlene L. Brimeyer through the adop-
tion of a resolution as part of the Derby 18. Total Administrative Services Corpora-
Grange Sanitary Sewer Extension project. tion (TASC) Administrative Services Fee for
Upon motion the documents were received the Flexible Spending Plan: City Manager
and filed and Resolution No. 369-17 Accept- recommending approval of the renewal rates
ing a Grant of Easement for Sanitary Sewer from Total Administrative Services Corpora-
Utility through, over and across part of Lot 1 of tion (TASC) for the City of Dubuque's flexible
the Southwest Quarter of the Southwest spending plan administrator for the period
Quarter of Section 9, Township 89 North, January 1, 2018 through December 31, 2018.
Range 2 East of the 5t° P.M., in the County of Upon motion the documents were received,
Dubuque, lowa was adopted. filed and approved.
RESOLUTION NO. 369-17 19. Alternative Services Concepts (ASC)
ACCEPTING A GRANT OF EASEMENT Worker's Compensation Claims Administrative
FOR SANITARY SEWER UTILITY Services Agreement: City Manager recom-
THROUGH, OVER AND ACROSS PART OF mending approval of an Agreement with AI-
LOT 1 OF THE SOUTHWEST QUARTER OF ternative Services Concepts for services re-
THE SOUTHWEST QUARTER OF SECTION lated to the administration of the City's Work-
9, TOWNSHIP 89 NORTH, RANGE 2 EAST er's Compensation Program effective October
OF THE ST" P.M., IN THE COUNTY OF 1, 2017. Upon motion the documents were
DUBUQUE, IOWA received, filed and approved.
Whereas, Marlene L. Brimeyer has exe-
cuted a Grant of Easement for Sanitary Sewer 20. Workers' Compensation Settlement
Utility through, over and across part of Part of Agreements - Luke Duve: City Attorney rec-
Lot 1 of the Southwest Quarter of the South- ommending approval of two Compromise Set-
west Quarter of Section 9, Township 89 North, tlement Agreements regarding Workers'
Range 2 East of the 5th P.M., in the County of Compensation claims filed against the City of
Dubuque, lowa. Dubuque by Public Works Employee Luke
NOW THEREFORE, BE IT RESOLVED Duve. Upon motion the documents were re-
BY THE CITY COUNCIL OF THE CITY OF ceived,filed and approved.
Book 147 Regular Session, November 20, 2017 445
AMONG DESIGN MILL, INC., THE CITY OF
21. Jessica West Claim Denial Appeal: DUBUQUE, AND THE IOWA ECONOMIC
Senior Counsel recommending denial of an DEVELOPMENT AUTHORITY
appeal of a claim against the City filed by Jes- Whereas, Design Mill, Inc. (DMI) and the
sica West for vehicle damage as determined City of Dubuque (City) entered into an Eco-
by Public Entity Risk Services' (PERS), the nomic Development Financial Assistance
claim agency for the lowa Community Assur- Contract (the Contract) with the lowa Eco-
ance Pool (ICAP). Motion by Lynch to receive nomic Development Authority (IEDA) for the
and file the document and concur. Seconded expansion of Design Mill, Inc.'s (DMI) opera-
by Resnick. Kate and Jessica West, spoke in tions in Dubuque, lowa; and
support of approval of their appeal for vehicle Whereas, DMI had requested an exten-
damage resulting from a tree in Eagle Point sion of the Project Completion Date in the
Park falling on Jessica WesYs car. City Attor- Contract from June 30, 2016 to June 30, 2017
ney Crenna Brumwell responded to questions in a First Amendment; and
from the City Council regarding lowa case law Whereas, DMI has requested a second
as it relates to liability on the part of the City, extension of the Project Completion Date in
citing absence of constructive notice of a de- the Contract from June 30, 2017 to June 30,
fective tree. Motion carried 4-2 with Rios and 2018 and an adjustment of the maintenance
Del Toro voting nay. Period Completion Date from June 30, 2019
to June 30, 2020; and
22. Skate Park Engineering, Design and Whereas, the IEDA Board approved an
Construction Management Services Consult- extension of the Project Completion Date to
ant Selection: City Manager recommending June 30, 2018 and the maintenance Period
approval for the selection of Pillar Design Stu- Completion Date from June 30, 2019 to June
dios and to negotiate a contract for the Skate 30, 2020; and
Park Engineering, Design and Construction Whereas, the parties now desire to amend
Management Services. Upon motion the doc- the Contract as set forth in the attached Con-
uments were received,filed and approved. tract Amendment.
NOW, THEREFORE, BE IT RESOLVED
23. KIDS in Dubuque Skate Sponsorship BY THE CITY COUNCIL OF THE CITY OF
Opportunities: City Manager transmitting the DUBUQUE, IOWA:
sponsorship opportunities brochure and Section 1. The Contract Amendment is
commitment form being distributed by KIDS in hereby approved.
Dubuque Skate. Upon motion the documents Section 2. The Mayor is hereby authorized
were received and filed. and directed to execute and the City Manager
is hereby directed to submit the Contract
24. Hwy 20 Corridor Landscape Assess- Amendment to the lowa Economic Develop-
ment and Plan Consultant Selection: City ment Authority together with such other doc-
Manager recommending approval to negotiate uments as may be required.
a contrad with RDG Planning and Design for Passed, approved, and adopted this 20�n
the Hwy 20 Corridor Landscape Assessment day of November, 2017.
and Plan. Upon motion the documents were Roy D. Buol, Mayor
received, filed and approved. Attest: Kevin S. Firnstahl, City Clerk
25. Design Mill, Inc. Contract Amendment 26. Acceptance of SRF Green Alley Pro-
with the lowa Economic Development Authori- ject Bid Set 4 - Year 3: City Manager recom-
ty (IEDA): City Manager recommending ap- mending approval of resolutions accepting the
proval of a resolution authorizing a second improvements, approving the Final Schedule
amendment to a contract with the lowa Eco- of Assessments, establishing the final contract
nomic Development Authority for lowa Values amount for the payment of the contract
Funds Financial Assistance benefits on behalf amount to Portren Construction for the SRF
of Design Mill, Inc. Upon motion the docu- Green Alley—Bid Set 4 -Year 3 Project. Upon
ments were received and filed and Resolution motion the documents were received and filed
No. 370-17 Approving a Second Amendment and Resolution No. 371-17 Accepting the SRF
to the Economic Development Final Assis- Green Alley Project Bid Set 4 - Year 3 and
tance Contract by and among Design Mill, authorizing the payment of the contract
Inc., the City of Dubuque, and the lowa Eco-
nomic Development Authority was adopted.
RESOLUTION NO. 370-17
APPROVING A SECOND AMENDMENT TO
THE ECONOMIC DEVELOPMENT FINAN-
CIAL ASSISTANCE CONTRACT BY AND
Book 147 Regular Session November 20, 2017 446
amount to the contractor; and Resolution No. of Assessments as shown on the attached
371-17A Adopting the Final Assessment sheet(s), Page 1 to Page 1 inclusive is hereby
Schedule for the SRF Green Alley Projed Bid approved for the SRF Green Alley Project -
Set 4-Year 3 were adopted. Bid Set 4 Year 3.
There is hereby assessed and levied as a
RESOLUTION NO. 371-17 special tax against and upon each of the ben-
ACCEPTING THE SRF GREEN ALLEY efited properties, the respective sums indicat-
PROJECT - BID SET 4 YEAR 3 AND AU- ed. The amounts shown in said Final Sched-
THORIZING THE PAYMENT OF THE CON- ule of Assessments as deficiencies are found
TRACT AMOUNT TO THE CONTRACTOR to be proper and levied conditionally against
Whereas, the Public Improvement Con- the respective properties benefited by the
tract for the SRF Green Alley Project- Bid Set improvements as shown in the Final Schedule
4 Year 3 (the Project) has been completed of Assessments, subject to the provisions of
and the City Engineer has examined the work lowa Code § 384.63. Said assessments
and filed a certificate stating that the Project against said lots are hereby declared to be in
has been completed according to the terms of proportion to the special benefits conferred
the Public Improvement Contract and that the and not in excess of twenty-five percent of the
City Engineer recommends that the Project be value of same.
accepted. The City Clerk be and is hereby direded to
NOW THEREFORE, BE IT RESOLVED certify the Final Schedule of Assessments to
BY THE CITY COUNCIL OF THE CITY OF the County Treasurer of Dubuque County,
DUBUQUE, IOWA: lowa, and to publish notice of said certification
Section 1. The recommendation of the City once each week for two consecutive weeks in
Engineer is approved and the Project is here- the manner provided in lowa Code § 362.3,
by accepted. the first publication of which shall be not more
Section 2. The Finance Director is hereby than fifteen days from the date of filing of the
directed to pay to the Contractor from the SRF Final Schedule of Assessments. On or before
Green Alley Project fund for the contract the date of the second publication of the no-
amount of $402,089.01 less any retained per- tice, the City Clerk shall also mail a copy of
centage provided for therein as provided in said notice to property owners whose property
lowa Code chapter 573, and to pay such re- is subject to assessment, as provided in lowa
tainage only in accordance with the provisions Code§384.60.
of lowa Code chapter 573. The assessments may be paid in full or in
Passed, approved and adopted this 20t° part without interest at the office of the City
day of November, 2017. Treasurer, City Hall, 50 W. 13t° Street, Dubu-
Roy D. Buol, Mayor que, lowa, at any time within 30 days after the
Attest: Kevin S. Firnstahl, City Clerk date of the first notice of the Final Schedule of
Assessments. Thereafter, unpaid assess-
CITY ENGINEER'S CERTIFICATE OF FINAL ments of $500.00 or more are payable in 15
COMPLETION OF THE SRF GREEN ALLEY annual installments at the County Treasurer's
PROJECT-BID SET 4 YEAR 3 Office, Dubuque County Courthouse, 720
The undersigned City Engineer of the City Central Avenue, Dubuque, lowa, and will draw
of Dubuque, lowa, hereby certifies that he has annual interest at three percent (3%) comput-
inspected the SRF Green Alley Project - Bid ed to December 1 next following the due
Set 4 Year 3, that the Project has been per- dates of the respective installments as provid-
formed in compliance with the terms of the ed in Section 384.65 of the Code of lowa.
Public Improvement Contract, and that the Each installment will be delinquent from Octo-
total cost of the completed wnrk is ber 1 following its due date on July 1 of each
$496,302.36. year. However, when the last day of Septem-
Dated this 20�°day of November, 2017. ber is a Saturday or Sunday, that amount
Gus Psihoyos, City Engineer shall be delinquent from the second business
Filed in the office of the City Clerk on the 20th day of October. Delinquent installments will
day of November, 2017. draw the same delinquent interest as ordinary
Kevin S. Firnstahl, City Clerk taxes. Property owners may elect to pay any
annual installments semi-annually in advance.
RESOLUTION NO. 371-17A Passed, approved and adopted this 20�n
ADOPTING THE FINAL ASSESSMENT day of November, 2017.
SCHEDULE FOR THE SRF GREEN ALLEY Roy D. Buol, Mayor
PROJECT-BID SET 4 YEAR 3 Attest: Kevin S. Firnstahl, City Clerk
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule
Book 147 Regular Session, November 20, 2017 447
CITY OF DUBUQUE, IOWA $56,950.00; $721.88; $721.88; $721.88
ALLEY BETWEEN E. 22ND ST. TO E. 24T" 1013459008; Brandel, Brian T; S 1/2-Lot
ST. FROM JACKSON ST. TO WASHING- 64 L H Langworthy's Add; 2304 Jackson St;
TON ST. $47,260.00; $721.88; $721.88; $721.88
FINAL SCHEDULE OF VALUATION AND 1013459009; Paisley, Tami M.; Lot 2-63 L
PROPOSED ASSESSMENTS DATE: NO- H Langworthy's Add; 2300 Jackson St;
VEMBER 6, 2017 $101,050.00; $689.17; $689.17; $689.17
The following schedule is hereby deter- 1 01 345901 0; Koehler, Vincent F; Lot 1-63
mined to show each Lot proposed to be as- L H Langworthy's Add; 2288 Jackson St;
sessed for the improvement shown in the title $40,540.00; $756.62; $756.62; $756.62
together with the amount proposed to be as- 1 01 345901 1; Reiff, Albert J Etal; Lot 1-62
sessed against each Lot and the valuations L H Langworthy's Add 2284-2286 Jackson;
shown opposite each Lot are hereby fixed as 2284 Jackson St; $70,890.00; $870.54;
the true valuations of such Lots by the City $870.54; $842.92; $1,713.46
Council of the City of Dubuque. 1 01 345901 2; Curiel, Anna L & Lanka,
PARCEL NUMBER; PROPERTY OWNER Robert M; Lot 2-62 L H Langs Add; 2280
NAME; LOT DESCRIPTION; STREET AD- Jackson St; $44,340.00; $575.25; $575.25;
DRESS; NET ASSESSED VALUATION; NET $575.25
PAVING IMPROVEMENT COST; TOTAL 1 01 345901 3; Kalb, Frank A; N 34'-Lot 61
PUBLIC IMPROVEMENT COST; WATER L H Langworthy's Add 2268-2270 Jackson;
SERVICE PRIVATE COST; TOTAL NET AS- 2268 Jackson St; $73,050.00; $767.00;
SESSMENT $767.00; $778.08; $1,545.08
1013459001; Jochum, Mary Pamela; Lot 1 01 345901 4; Latham, Judith; N 33'2"-Lot
69 L H Langworthy's Add; 2368 Jackson St; 70 L H Langworthy's Add; 2373 Washington
$89,340.00; $1,443.76; $1,443.76; $1,443.76 St; $69,230.00; $748.27; $748.27; $74827
1013459002; Madigan, Randy J; Lot 1-68 1013459015; Cooper, Jennifer R; S
L H Langworthy's Add; 2352 Jackson St; 30'10"-Lot 70 L H Langworthy's Add; 2369
$53,040.00; $970.03; $970.03; $970.03 Washington St; $82,800.00; $695.49;
1013459026; Mid-America Property Man- $695.49; $1,685.84; $2,381.33
agement LLC; S 1/2-Lot 76 L H Langworthy's 1 01 345901 6; Mid-America Property Man-
Add; 2293 Washington St; $51,870.00; agement LLC; Lot 1-71 L H Langworthy's Add
$721.88; $721.88; $721.88 2349-2351 Washington; 2349 Washington St;
1013459027; Marcov, Joseph H & Mary L; $65,000.00; $1,161.77; $1,161.77; $1,161.77
N 31'-Lot 77 L H Langwnrthy's Add; 2285 1013459017; Breitbach, Doris M; Lot 2-71
Washington St; $60,490.00; $699.32; & Lot 2-N 34'-72 L H Langworthy's Add; 2343
$699.32; $699.32 Washington St; $43,390.00; $516.37;
1013459028; Mendez Hernandez, $516.37; $516.37
Estefannie D; S 33'-Lot 77 L H Langworthy's 1 01 345901 8; Datisman, David E; Lot 1-N
Add; 2275 Washington St; $57,660.00; 34'-Lot 72 L H Langwnrthy's Add; 2339 Wash-
$744.44; $744.44; $744.44 ington St; $42,160.00; $533.74; $533.74;
1013459029; Boge, Robert E, Lot 78 L H $533.74
Langworthy's ADD 2271-2273 Washington; 1 01 345901 9; Hayes, Michael A & Cheryl
2271 Washington St; $68,760.00; $1,443.76; J; S 30'-Lot 72 L H Langworthy's Add; 2337
$1,443.76; $1,443.76 Washington St; $76,910.00; $676.76;
1013459030; Hardwick, Richard D & Te- $676.76; $1,750.68; $2,427.44
resa J; N 37'-Lot 79 L H Langworthy's Add; 1013459023; Gonzales, Lidia M Etal; S
2257 Washington St; $50,110.00; $834.67; 15'-S 48'-Lot 74 & N 16'- Lot 75 L H Langwnr-
$834.67; $834.67 thy's ADD; 2315 Washington St; $64,570.00;
1013459003; Thill, Imogene E; Lot 2-68 L $699.32; $699.32; $699.32
H Langworthy's Add; 2350 Jackson St; 1013459024; Metr, Kenneth M & June M;
$43,650.00; $473.73; $473.73; $473.73 S 48'-Lot 75 L H Langworthy's Add; 2303
1013459004; Freese, Leon A; Lot 67 L H Washington St; $65,380.00; $1,082.82;
Langworthy's Add; 2346 Jackson St; $1,082.82; $1,082.82
$46,660.00; $1,443.76; $1,443.76; $1,443.76 1013459025; Hillard, Richard S; N 1/2-Lot
1013459005; Peterson, Richard J & An- 76 L H Langworthy's Add; 2297 Washington
drea J; Lot 66 L H Langworthy's Add; 2322 St; $46,210.00; $721.88; $721.88; $721.88
Jackson St; $82,910.00; $1,443.76; 1013459020; Hillard, Michael T; N 54'-Lot
$1,443.76; $1,443.76 73 L H Langworthy's Add; 2329 Washington
1013459006; Cooper, Daniel L; Lot 65 L H St; $65,130.00; $1,218.17; $1,218.17;
Langworthy's Add; 2320 Jackson St; $1,218.17
$52,600.00; $1,443.76; $1,443.76; $1,443.76 1013459021; Vista Property Group LLC; S
1013459007; Richard, Casey M; N 1/2-Lot 10'-Lot 73 & N 16'-Lot 74 L H Langworthy's
64 L H Langworthy's Add; 2310 Jackson St; Add; 2321 Washington St; $63,450.00;
Book 147 Regular Session November 20, 2017 448
$586.53; $586.53; $586.53 $460.20; $460.20; $460.20
1013459022; Ungs, Gina M; N 33'-S 48'- 1024203013; Queck Capital Management
Lot 74 L H Langworthys Add; 2319 Washing- LLC; Lot 81 L H Langworthys Add; 2227
ton St; $41,890.00; $744.44; $744.44; Washington St; $55,790.00; $1,443.76;
$744.44 $1,443.76; $1,443.76
1024203019; McMahon Real Est Rentals 1024203014; Queck Capital Management
LLC; Lot 1 Weitr Place; 205 E 22od St; LLC; Lot 82 L H Langworthys Add; 2219
$33,710.00 Washington St; $76,120.00; $1,443.76;
1024203020; McMahon Real Est Rentals $1,443.76; $1,685.84; $3,129.60
LLC; Lot 2 Weitr Place; 207 E 22od St; 1024203015; MHI Rentals LLC; N 21' Lot
$29,670.00; $1,300.34; $1,300.34; $1,037.44; 83 L H Langworthys Add; 2209 Washington
$2,337.78 St; $26,380.00; $473.73; $473.73; $473.73
1024203021; Mid-America Property Man- 1024203016; Vista Property Group LLC;
agement LLC; W 33'-W65'-Lot 84 L H Lang- Lot 1-S 43'-Lot 83 L H Langworthys Add; 2203
worhty's ADD 209-211 E 22od St; 209 E 22°d Washington St; $41,940.00; $471.48;
St; $39,660.00; $1,138.08; $1,138.08; $471.48; $471.48
$1,138.08 1024203017; Vista Property Group LLC;
1024203001; Jasper, Ronda L F/WA Ron- Lot 2-S 43'-Lot 83 L H Langworthys Add; 2201
da L Gerlach-Johll; S 30'-Lot 61 L H Langwor- Washington St; $42,000.00; $498.55;
thys ADD; 2266 Jackson St; $64,020.00; $498.55; $498.55
$676.76; $676.76; $676.76
1024203002; Queck Capital Management 27. lowa Mississippi River Parkway Com-
LLC; N 36'-Lot 60 L H Langworthys Add; 2258 mission Annual Report 2016-2017: lowa Mis-
Jackson St; $48,650.00; $812.11; $812.11; sissippi River Parkway Commission transmit-
$778.08; $1,590.19 ting its 2016-2017 Annual Report. Upon mo-
1024203003; Cravillion, Nathaniel P & tion the documents were received and filed.
Elizabeth H; N 30'-Lot 59 & S 28'-Lot 60 L H
Langworthys Add; 2250 Jackson St; 28. Improvement Contracts/Performance,
$85,530.00; $1,308.41; $1,308.41; $907.76; Payment and Maintenance Bonds: Temperley
$2,216.17 Excavating, Inc. for J.F. Kennedy Ditch Im-
1024203004; Briggs, Donna M; S 34'-Lot provement Project; Utility Service Contractors,
59 L H Langworthys Add; 2246 Jackson St; Inc. for Kerper Blvd. Fiber Project- Elm Street
$70,920.00; $767.00; $767.00; $778.08; to 16t° Street. Upon motion the documents
$1,545.08 were received, filed and approved.
1024203005; Brimeyer, Michael J & Cath-
erine A; Lot 58 L H Langworthys Add; 2226 29. Alcohol License Applications: City
Jackson St; $59,180.00; $1,443.76; Manager recommending approval of annual
$1,443.76; $1,443.76 beer, liquor and wine licenses as submitted.
1024203006; Koehler, Timothy A; Lot 2-57 Upon motion the documents were received
L H Langwnrthys Add 2218 & 2220 Jackson; and filed and Resolution No. 372-17 Approv-
2218 Jackson St; $49,980.00; $687.53; ing applications for beer, liquor, and/or wine
$687.53; $778.08; $1,465.61 permits, as required by City of Dubuque Code
1024203007; Blake, Thomas J& Martha J; of Ordinances Title 4 Business and License
Lot 1-57 L H Langworthys Add; 2214 Jackson Regulations, Chapter 2 Liquor Control, Article
St; $64,310.00; $758.65; $758.65; $758.65 B Liquor, Beer and Wine Licenses and Per-
1024203008; Leppert, Christopher S; N mits was adopted.
28' of Lot 56 L H Langwnrthys Add; 2206
Jackson St; $56,627.00; $640.95; $640.95; RESOLUTION NO. 372-17
$640.95 APPROVING APPLICATIONS FOR BEER,
1024203009; Home Dream LLC; S 27' Lot LIQUOR, AND/OR WINE PERMITS, AS RE-
79 L H Langworthys Add; 2255 Washington QUIRED BY CITY OF DUBUQUE CODE OF
St; $81,660.00; $609.09; $609.09; $609.09 ORDINANCES TITLE 4 BUSINESS AND
1024203010; Conrad, Ronald J Jr; N LICENSE REGULATIONS, CHAPTER 2
24.60' Lot 80 L H Langworthys Add; 2245 LIQUOR CONTROL, ARTICLE B LIQUOR,
Washington St; $46,190.00; $554.94; BEER AND WINE LICENSES AND PERMITS
$554.94; $554.94 Whereas, applications for Beer, Liquor,
1024203011; Hammerand, Lyle E & and or Wine Permits have been submitted
Melissa B; Lot 1-S 39.40'-Lot 80 L H Langwor- and filed with the City Council for approval
thys Add; 2241 Washington St; $36,400.00; and the same have been examined and ap-
$428.62; $428.62; $428.62 proved; and
1024203012; Hammerand, Lyle E &
Melissa B; Lot 2-S 39.40'-Lot 80 L H Lagnwor-
thys Add; 2237 Washington St; $34,380.00;
Book 147 Regular Session, November 20, 2017 449
Whereas, the premises to be occupied by cil of the City of Dubuque, lowa on the pro-
such applicants were inspected and found to posed issuance of Urban Renewal Tax Incre-
comply with the Ordinances of the City and ment Revenue Obligations and the disposition
the applicants have filed the proper fees and of City owned real estate relating to a previ-
bonds and otherwise complied with the re- ously approved Development Agreement with
quirements of the Code of Ordinances. Metx, LLC, and providing for the publication of
NOW, THEREFORE, BE IT RESOLVED notice thereof was adopted setting a public
BY THE CITY COUNCIL OF THE CITY OF hearing for a meeting to commence at 6:00
DUBUQUE, IOWA: p.m. on December 4, 2017 in the Historic
Sedion 1. The City Clerk is hereby author- Federal Building.
ized and directed to cause to be issued the
noted permit types to the following applicants RESOLUTION NO. 373-17
pending submission of the locally required FIXING THE DATE FOR A PUBLIC HEAR-
documentation: ING OF THE CITY COUNCIL OF THE CITY
Renewals OF DUBUQUE, IOWA ON THE PROPOSED
Aragon Tap, 1103 lowa St., Class C Liquor ISSUANCE OF URBAN RENEWAL TAX
(Sunday) INCREMENT REVENUE OBLIGATIONS
Big 10 Mart Car Wash, 1875 J.F. Kennedy AND THE DISPOSITION OF CITY-OWNED
Rd., Class C Beer, Class B Native Wine REAL ESTATE RELATING TO A PREVI-
(Sunday) OUSLY APPROVED DEVELOPMENT
Bridge Restaurant The, 31 Locust St., Class C AGREEMENT WITH METX, LLC AND
Liquor(Sunday) PROVIDING FOR THE PUBLICATION OF
Grand Harbor Resort & Water Park, 350 Bell NOTICE THEREOF
St., Class B Liquor (Catering) (Outdoor) Whereas, City and Mebc, LLC have en-
(Sunday) tered into a Development Agreement, certain
Hotel Julien Dubuque, 200 Main St., Class B components of which are subject to the ap-
Liquor(Catering) (Outdoor) (Sunday) proval of the City Council at public hearing, a
Kwik Stop Food Mart, 4039 Pennsylvania copy of which is now on file at the Office of
Ave., Class C Beer, Class B Native Wine the City Clerk, City Hall, 50 W. 13t° Street,
(Sunday) Dubuque, lowa; and
Skinny Meginny's, 123 S. Main St., Class C Whereas, the City Council committed to
Liquor(Catering) (Outdoor) (Sunday) have public hearings on items contained with-
Target Store T-0086, 3500 Dodge St., Class E in the Development Agreement; and
Liquor, Class B Wine, Class C Beer (Sun- Whereas, it is deemed necessary and ad-
day) visable that City should authorize Urban Re-
New newal Tax Increment Revenue obligations, as
Fuji Asian Buffet, 806 Wacker Dr., Special provided by Chapter 403 of the Code of lowa
Class C Liquor(Sunday) and to dispose of land, for the purpose of car-
Passed, approved and adopted this 20t° rying out the rehabilitation of property located
day of November, 2017. at 1690 Elm Street as hereinafter described;
Roy D. Buol, Mayor and
Attest: Kevin S. Firnstahl, City Clerk Whereas, before said obligations may be
approved, Chapter 403 of the Code of lowa
requires that the City Clerk publish a notice of
ITEMS SET FOR PUBLIC HEARING the proposal and of the time and place of the
meeting at which the City Council proposes to
Motion by Lynch to receive and file the take action thereon and at which meeting the
documents, adopt the resolutions, set the City Council shall receive oral and/or written
public hearings as indicated, and direct the objections from any resident or property own-
City Clerk to publish notice as prescribed by er of said City to such proposed adion.
law. Seconded by Connors. Motion carried 6- NOW THEREFORE, BE IT RESOLVED
0� BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. Metx, LLC Development Agreement and Section 1. The City Clerk is hereby author-
Intent to Dispose of 1690 Elm Street: City ized and directed to cause a notice to be pub-
Manager recommending adoption of a resolu- lished as prescribed by lowa Code Section
tion to set a public hearing for December 4, q03.9 of a public hearing on the City's intent to
2017, in order to approve tax increment fi- authorize Urban Renewal Tax Increment
nancing obligations and the disposition of Revenue obligations and to dispose of an
City-owned real estate at 1690 Elm Street. interest in City owned real estate, to be held
Upon motion the documents were received on the 4t° day of December, 2017, at 6:00
and filed and Resolution No. 373-17 Fixing o'clock p.m. in the City Council Chambers at
the date for a public hearing of the City Coun- the Historic Federal Building, 350 W. 6t° St.,
Book 147 Regular Session November 20, 2017 450
Dubuque, lowa. EVENT CENTER, LLC AND PROVIDING
Section 2. The City Council will meet at FOR THE PUBLICATION OF NOTICE
said time and place for the purpose of taking THEREOF
action on the matter of authorizing Urban Re- Whereas, City and SS Event Center, LLC
newal Tax Increment Revenue obligations have entered into a Development Agreement,
and the disposition of City owned real estate certain components of which are subject to
to Mebc, LLC the proceeds of which obliga- the approval of the City Council, a copy of
tions will be used to carry out certain of the which is now on file at the Office of the City
special financing activities described in the Clerk, City Hall, 50 W. 13t° Street, Dubuque,
Amended and Restated Urban Renewal Plan lowa; and
for the Greater powntown Urban Renewal Whereas, the City Council committed to
District, consisting of the funding of economic have public hearings on items contained with-
development grants to Mebc, LLC pursuant to in the Development Agreement; and
the Development Agreement. It is expected Whereas, it is deemed necessary and ad-
that the aggregate amount of the Tax Incre- visable that City should authorize Urban Re-
ment Revenue obligations to be issued will be newal Tax Increment Revenue obligations, as
approximately$1,005,000. provided by Chapter 403 of the Code of lowa,
Sedion 3. The Clerk is hereby direded to for the purpose of carrying out the rehabilita-
cause at least one publication to be made of a tion of property located at 101 E. 15�° Street
notice of said meeting, in a newspaper, print- as hereinafter described; and
ed wholly in the English language, published Whereas, before said obligations may be
at least once weekly, and having general cir- approved, Chapter 403 of the Code of lowa
culation in said City, said publication to be not requires that the City Clerk publish a notice of
less than four days nor more than twenty days the proposal and of the time and place of the
before the date of said meeting on the issu- meeting at which the City Council proposes to
ance of said obligations. take action thereon and at which meeting the
Sedion 4. That the notice of the proposed City Council shall receive oral and/or written
action to issue said obligations shall be in objections from any resident or property own-
substantially the form attached hereto. er of said City to such proposed action.
Passed, approved and adopted this 20t° NOW THEREFORE, BE IT RESOLVED
day of November, 2017. BY THE CITY COUNCIL OF THE CITY OF
Roy D. Buol, Mayor DUBUQUE, IOWA:
Attest: Kevin S. Firnstahl, City Clerk Sedion 1. The City Clerk is hereby author-
ized and directed to cause a notice to be pub-
2. Steeple Square Development Agree- lished as prescribed by lowa Code Section
ment - 101 E. 15t° Street: City Manager rec- 403.9 of a public hearing on the City's intent to
ommending adoption of a resolution to set a authorize Urban Renewal Tax Increment
public hearing for December 4, 2017 in order Revenue obligations, to be held on the 4t° day
to approve tax increment financing obligations of December, 2017, at 6:00 o'clock p.m. in the
at 101 E. 15t° Street. Upon motion the docu- City Council Chambers at the Historic Federal
ments w�re received and filed and Resolution Building, 350 W. 6t°St., Dubuque, lowa.
No. 374-17 Fixing the date for a public hear- Section 2. The City Council will meet at
ing of the City Council of the City of Dubuque, said time and place for the purpose of taking
lowa on the proposed issuance of Urban Re- action on the matter of authorizing Urban Re-
newal Tax Increment Revenue Obligations newal Tax Increment Revenue obligations to
relating to a previously approved Develop- SS Event Center, LLC the proceeds of which
ment Agreement with SS Event Center, LLC obligations will be used to carry out certain of
and providing for the publication of notice the special financing adivities described in the
thereof was adopted setting a public hearing Amended and Restated Urban Renewal Plan
for a meeting to commence at 6:00 p.m. on for the Greater powntown Urban Renewal
December 4, 2017 in the Historic Federal District, consisting of the funding of economic
Building. development grants to SS Event Center, LLC
pursuant to the Development Agreement. It is
RESOLUTION NO. 374-17 expected that the aggregate amount of the
FIXING THE DATE FOR A PUBLIC HEAR- Tax Increment Revenue obligations to be is-
ING OF THE CITY COUNCIL OF THE CITY sued will be approximately$174,830.00.
OF DUBUQUE, IOWA ON THE PROPOSED Sedion 3. The Clerk is hereby direded to
ISSUANCE OF URBAN RENEWAL TAX cause at least one publication to be made of a
INCREMENT REVENUE OBLIGATIONS RE- notice of said meeting, in a newspaper, print-
LATING TO A PREVIOUSLY APPROVED ed wholly in the English language, published
DEVELOPMENT AGREEMENT WITH SS at least once weekly, and having general cir-
culation in said City, said publication to be not
less than four days nor more than twenty days
Book 147 Regular Session, November 20, 2017 451
before the date of said meeting on the issu- APPROVAL OF PLANS, SPECIFICATIONS,
ance of said obligations. FORM OF CONTRACT, AND ESTIMATED
Sedion 4. That the notice of the proposed COST FOR THE DERBY GRANGE SANI-
action to issue said obligations shall be in TARY SEWER EXTENSION PROJECT
substantiallytheformattachedhereto. NOW THEREFORE, BE IT RESOLVED
Passed, approved and adopted this 20t° BY THE CITY COUNCIL OF THE CITY OF
day of November, 2017. DUBUQUE, IOWA:
Roy D. Buol, Mayor That the proposed plans, specifications,
Attest: Kevin S. Firnstahl, City Clerk form of contract and estimated cost for the
Derby Grange Sanitary Sewer Extension Im-
PUBLIC HEARINGS provement Project in the estimated amount
$605,656.93, are hereby approved.
1. Request to Rezone 3900 Block of In- Passed, adopted and approved this 20�n
wood Avenue: Proof of Publication for notice day of November 2017.
of public hearing to consider a request from Roy D. Buol, Mayor
Brandon Merrick to rezone the 3900 block of Attest: Kevin S. Firnstahl, City Clerk
Inwood Avenue from R-1 Single-Family Resi-
dential to R-2 Two-Family Residential Zoning PUBLIC INPUT
District and the Zoning Advisory Commission
recommending approval. The City Clerk Nino Erba, 672'/� Central Avenue, ad-
acknowledged receipt of the Citizen Petition in dressed the City Council regarding his belief
opposition to the request and additional doc- that it is in the best interests of the City to help
umentation from the City Manager and Plan- Mercy Hospital secure funding for its planned
ning Services Department in response to the Comprehensive Cancer Care Center.
petition.
Motion by Lynch to receive and file the ACTION ITEMS
documents and that the requirement that a
proposed ordinance be considered and voted 1. Code of Ordinances Amendment Title
on for passage at two Council meetings prior 6-53 Exempt Noises: City Manager recom-
to the meeting at which it is to be passed be mending an amendment to the noise ordi-
suspended. Motion failed for lack of a second. nance related to the noise coming from school
Motion by Lynch to consider the first read- stadiums including, but not limited to, march-
ing of a proposed ordinance amending Title ing bands and athletic events, and would ex-
16 of the City of Dubuque Code of Ordinanc- empt events on campuses within a sports
es, Unified Development Code, by reclassify- stadium during hours already contained in the
ing hereinafter described property located at code restricting amplified music or noise con-
the end of Inwood Avenue from R-1 Single- sistent with the noise variance provisions of
Family Residential District to R-2 Two-Family the Code. Motion by Lynch to receive and file
Residential District. Seconded by Resnick. the documents and that the requirement that a
Addressing the City Council, Developer Bran- proposed ordinance be considered and voted
don Merrick, 8110 Southern Hills Circle, re- on for passage at two Council meetings prior
quested that the item be tabled to next month to the meeting at which it is to be passed be
when the entire Council is present. The de- suspended. Seconded by Resnick. Motion
veloper will inform staff on the date. No vote failed 4-2 with Resnick and Del Toro voting
taken. nay.
Motion by Lynch to table the item. Se- Motion by Lynch to consider the first read-
conded by Resnick. Motion carried 6-0. ing of a proposed ordinance Amending City of
Dubuque Code of Ordinances Title 6 Health,
2. Derby Grange Sanitary Sewer Exten- Housing, Sanitation and Environment, Chap-
sion Project: Proof of publication on notice of ter 5 Noises, Section 6-5-3 Exempt Noises.
public hearing to consider approval of plans, Seconded by Connors. Motion carried 4-2
specifications, form of contract and estimated with Resnick and Del Toro voting nay.
cost for the Derby Grange Sanitary Sewer During discussion, Police Chief Mark
Extension Project and the City Manager rec- Dalsing addressed the City Council about the
ommending approval. Motion by Lynch to position faced by Police Officers with enforc-
receive and file the documents and adopt ing the current City Code regarding the noise
Resolution No. 375-17 Approval of plans, and the need to resolve the issue. Council
specifications, form of contract, and estimated discussion included issues regarding music at
cost for the Derby Grange Sanitary Sewer sporting events versus amplified music for
Extension Project. Seconded by Connors. practices, the sources of music, citizens tak-
Motion carried 6-0. ing the issue directly to the institutions, and
RESOLUTION NO. 375-17
Book 147 Special Session November 27, 2017 452
rights of adjacent property owners as well as CITY OF DUBUQUE, IOWA
students. The City Council inquired about text CITY COUNCIL PROCEEDINGS
modifications to the amendment that might
include time limitations to be included on the SPECIAL SESSION
agenda with the second reading of the OFFICIAL
amendment.
Following Action Item No. 2, City Attorney The Dubuque City Council met in special
Brumwell suggested that if modification of the session at 6:00 p.m. on November 27, 2017 in
amendment is requested by the City Council, the Historic Federal Building, 350 W. 6�n
a Motion to Reconsider would be in order to Street.
allow staff to draft additional language. Motion
by Connors to Reconsider and refer to staff present: Mayor Buol; Council Members
for modification. Seconded by Resnick. Mo- Connors, Del Toro, Jones, Lynch, Resnick;
tion carried 5-1 with Lynch voting nay. City Manager Van Milligen, City Attorney
Brumwell
2. 2018 State Legislative Priorities: City
Manager submitting the 2018 State Legisla- Absent: Council Member Rios
tive Priorities to be presented to legislators at
the annual Legislative Dinner tentatively Mayor Buol read the call and stated this is
scheduled for December 6, 2017, at 5:30 p.m. a special session of the City Council called for
at the Grand River Center. Motion by Connors the purpose of conducting the quarterly Inclu-
to receive and file the documents and ap- sive Dubuque work session.
prove. Seconded by Del Toro. The City Man-
ager stated that the final date of the legislative WORK SESSION
dinner will be determined following confirma- Inclusive Dubuque Quarterly Work Session
tion of schedules for attendees. Motion carried
6-0. Inclusive Dubuque Netwnrk Coordinator
Katrina Neely Farren-Eller along with Network
3. Rescheduling of January 2, 2018 City partners Matt Klutraritr and Peter Supple of
Council Meeting: Mayor Buol requesting that the Boy Scouts of America; Christina Schauer
the Tuesday, January 2, 2018 City Council of Mercy Hospital and Kelly Larson of the City
meeting be rescheduled to Wednesday, Jan- of Dubuque provided an update on recent
uary 3, 2018 due to City Offices being closed activities and successes of Inclusive Dubu-
for the New Year's Holiday. Motion by Con- que. Topics included:
nors to receive and file the document and
concur. Seconded by Resnick. Motion carried . Inclusive Dubuque Mission Statement
6-0. and definition
COUNCIL MEMBER REPORTS • Network definition, struduring, purpose
and funders
Mayor Buol recognized Boy Scouts from • Definitions of Diversity, Equity and In-
Troop#69 who were in attendance. clusion
• 3 Levels of Network equity education
There being no further business, upon mo- goals and strategies:
tion the City Council adjourned at 7:06 p.m. o Individual level; Institutional level;
Systems level
/s/Kevin S. Firnstahl, CMC, City Clerk • Polarity between individual and institu-
tional levels; upside&downside
• Current work happening at the individ-
ual and institutional levels
o Best practices in diversity, equity
and inclusion
o "I'm a Dubuquer"Campaign
o Facing Projed: TH partner stories
of immigrant and refugee experi-
ences
o Sedor groups: arts, culture, educa-
tion, neighborhoods, and Projed
HOPE economic opportunity
• Network partners working at the indi-
vidual and institutional levels
Book 147 Regular Session, December 4, 2017 453
o Boy Scouts"'Scoutreach" program CITY OF DUBUQUE, IOWA
o Mercy Hospital - Model of Caring, CITY COUNCIL PROCEEDINGS
diversity and inclusion as organiza-
tional priority REGULAR SESSION
o City of Dubuque Equity Core Team OFFICIAL
structure, advancing and improving
equity and inclusion in government The Dubuque City Council met in regular
workforce development, delivery of session at 6:00 p.m. on December 4, 2017 in
City services and Purchase of Ser- the Historic Federal Building, 350 W. 6�n
vice agreements Street.
The presenters responded to questions present: Mayor Buol; Council Members
from the City Council regarding the "I'm a Connors, Del Toro, Jones, Lynch, Resnick,
Dubuquer" Campaign stating that it has been Rios; City Manager Van Milligen, City Attorney
successful and has started good conversation Brumwell
and discussion.
Mayor Buol read the call and stated this is
There being no further business, upon mo- a regular session of the City Council called for
tion the City Council adjourned at 6:38 p.m. the purpose of conducting such business that
may properly come before the City Council.
/s/Kevin S. Fimstahl, CMC, City Clerk
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Eradication of Generational Poverty Day
(December 7, 2017) was accepted by Fountain
of Youth Program President Caprice Jones,
1199 Main St.; Treasurer R.R.S. Stewart; and
Board Member/Former V.P. Terry Stewart.
CONSENTITEMS
Motion by Lynch to receive and file the
documents, adoptthe resolutions, and dispose
of as indicated. Seconded by Jones. Motion
carried 7-0.
1. Minutes and Reports Submitted: City
Council Proceedings of 11/20, 11/27; Civil
Service Commission of 11/21; Library Board of
Trustees Council Update#165 of 11/16; Sister
City Relationships Advisory Commission of
11/15; Transit Advisory Board of 11/14; Proof
of Publication for City Council Proceedings of
11/6; Proof of Publication for List of Claims
and Summary of Revenues for Month Ending
10/30. Upon motion the documents were re-
ceived and filed.
2. Notice of Claims and Suits: Rob Do-
novan on behalf of Donovan Properties, LLC
for property damage, Ramona Fraction 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 lowa,
the agent for the lowa Communities Assurance
Pool: Donovan Properties, LLC for property
Book 147 Regular Session December 4, 2017 454
damage; and Ramona Fraction for vehicle Water Meter Replacement Project Re-
damage. Upon motion the documents were Authorization for Solicitation of Cost Pro-
received, filed, and concurred. posals: City Manager recommending re-
authorization to solicit cost proposals for the
4. lowa Economic Development Authority Westside Water System Improvements - Wa-
(IEDA) Site Certification: City Manager trans- ter Meter Replacement Project 2018. Upon
mitting information on the lowa Economic De- motion the documents were received, filed and
velopment Authority announcement that a "de- approved.
velopment-ready" site in Dubuque's Industrial
Center West is the latest industrial site to 7. Boards and Commission Application
achieve certification through the lowa Certified Amendment: City Manager recommending
Sites Program. Upon motion the documents approval of a revised application for the
were received and filed. Boards and Commissions program that in-
cludes a page for tracking demographics in-
5. Civil Service Commission - Certified formation. Upon motion the documents were
Lists: Civil Service Commission submitting the received, filed and approved.
Certified Lists for the positions of Assistant
Chief of Police and Police Corporal. Upon mo- 8. Ham House Masonry Rehabilitation Pro-
tion the documents were received, filed and ject Acceptance: City Manager recommending
made a Matter of Record. acceptance of the construction contract for the
Ham House Masonry Rehabilitation Project, as
November 21, 2017 completed by Evans-Mason, Inc. Upon motion
Honorable Mayor and the documents were received and filed and
Members of the City Council Resolution No. 376-17 Accepting the Ham
In accordance with Chapter 400 of the House Masonry Rehabilitation and authorizing
Code of lowa, a promotional examination for the payment of the contract amount to the con-
the position of Assistant Chief of Police was tractorwasadopted.
administered on September 20, 2017. I hereby
certify that the individuals listed below have RESOLUTION NO. 376-17
passed the written examination and any va- ACCEPTING THE HAM HOUSE MASONRY
cancy for this position should be made from REHABILITATION AND AUTHORIZING THE
this list. This list is good for a period of hnro PAYMENT OF THE CONTRACT AMOUNT
years from the above date. TO THE CONTRACTOR
Assistant Chief of Police Whereas, the Ham House Masonry Reha-
1. Scott Crabill, 2. James Lembke, 3. Jer- bilitation (the Project) has been completed and
emy Jensen, 4. Joseph Messerich, 5. Abigail the City Engineer has examined the work and
Simon, 6. Steven Radloff, 7. Martin Steil, 8. filed a certificate stating that the Project has
Scott Baxter been completed according to the terms of the
Respectfully Submitted, Public Improvement Contract and that the City
/s/Daniel White, Chairperson Engineer recommends that the Project be ac-
Civil Service Commission cepted.
NOW THEREFORE, BE IT RESOLVED
November21, 2017 BY THE CITY COUNCIL OF THE CITY OF
Honorable Mayor and DUBUQUE, IOWA:
Members of the City Council Section 1. The recommendation of the City
In accordance with Chapter 400 of the Engineer is approved, and the Projed is here-
Code of lowa, a promotional examination for by accepted.
the position of Police Corporal was adminis- Section 2. The Finance Director is hereby
tered on September 20, 2017. I hereby certify directed to pay to the Contractor from the Ham
that the individuals listed below have passed House Masonry Rehabilitation Capital Im-
the examination process and any vacancy for provement appropriation for the contract
this position should be made from this list. This amount of $83,730.41 less any retained per-
list is good for a period of two years from the centage provided for therein as provided in
above date. lowa Code chapter 573, and to pay such re-
Police Corporal tainage only in accordance with the provisions
1. Paul Avenarius, 2. Rick Fullmer, 3. Ryan of lowa Code chapter 573.
Scherrman, 4. Ann Dauderman, 5. Isaiah Hoff, Passed, approved and adopted this 4t° day
6. Drew Harden, 7. Joel Cross, 8. Zachary of December 2017.
Ramage, 9. Nate Schmidt, 10. Abby Ray Roy D. Buol, Mayor
Respectfully Submitted, Attest: Kevin S. Firnstahl, City Clerk
/s/Daniel White, Chairperson
Civil Service Commission CITY ENGINEER'S CERTIFICATE OF FINAL
6. Westside Water System Improvements - COMPLETION OF THE HAM HOUSE MA-
Book 147 Regular Session, December 4, 2017 455
SONRY REHABILITATION SCATTERING - Two hundred sixty-one
The undersigned City Engineer of the City (261) votes
of Dubuque, lowa, hereby certifies that he has TOTAL - Six thousand three hundred
inspected the Ham House Masonry Rehabilita- eighty(6380)votes
tion, that the Project has been performed in We therefore declare: Roy D. Buol duly
compliance with the terms of the Public Im- elected for the office of MAYOR for the term of
provement Contract, and that the total cost of 4 years.
the completed work is$83,730.41.
Dated this 20t°day of November 2017. DUBUQUE CITY COUNCIL AT LARGE
/s/Gus Psihoyos, City Engineer Ric Jones - Received three thousand four
Filed in the office of the City Clerk on the hundred eighty (3480)votes
20t°day of November 2017. Jonathan McCoy - Received two thousand
/s/Kevin S. Firnstahl, City Clerk nine hundred eighty-three (2983)votes
Candidate Total - Six thousand four hun-
9. East Central Intergovernmental Agency dred sixty-three (6463)votes
(ECIA) Fiscal Year 2017 Annual Report: City SCATTERING -Sixty-six (66) votes
Manager transmitting the Fiscal Year 2017 TOTAL-Six thousand five hundred twenty-
Annual Report from the East Central Intergov- nine (6529) votes
ernmental Agency (ECIA). Upon motion the We therefore declare: Ric Jones duly
document was received and filed. elected for the office of DUBUQUE CITY
COUNCIL AT LARGE for the term of 4 years.
10. Abstrad of Votes - 2017 General Elec-
tion: City Clerk transmitting the Abstract of DUBUQUE CITY COUNCIL WARD THREE
Votes for the November 7, 2017 General Elec- Kate Larson - Received nine hundred forty
tion as certified by the Dubuque County Audi- (940) votes
tor. Upon motion the document was received Damian Waid - Received six hundred
and filed. eighty-seven (687)votes
Candidate Total - One thousand six hun-
STATE OF IOWA ABSTRACT OF VOTES dred twenty-seven (1627}votes
Dubuque County, lowa SCATTERING -Six (6)votes
We, the undersigned Members of the TOTAL - One thousand six hundred thirty-
Board of Supervisors and ex-officio County three (1633)votes
Board of Canvassers for this County, do here- We therefore declare: Kate Larson duly
by certify the following to be a true and correct elected for the office of DUBUQUE CITY
abstract of the votes cast in this County at the COUNCIL WARD THREE for the term of 4
2017 City Eledion held on the 7t° day of No- years.
vember, 2017, as shown by the tally lists re- IN TESTIMONY WHEREOF, we have
turned from the several election precincts. hereunto set our hands and caused to be af-
fixed the seal of this county by the Clerk of the
DUBUQUE CITY COUNCIL WARD ONE Board of Supervisors.
John T. Pregler - Received nine hundred Done at Dubuque the county seat of
ninety-four(994) votes Dubuque County, this 13t° day of November,
Brett Shaw - Received one thousand 2017.
eighty-six (1086)votes /s/Jay Wickham, Chairperson
Candidate Total - Two thousand eighty /s/David J Baker
(2080) votes /s/Daryl Klein
SCATTERING -Six (6)votes Members of the Board of Supervisors and ex-
TOTAL - Two thousand eighty-six (2086) officio County Board of Canvassers
votes Attest:/s/Denise M. Dolan, County Auditor and
We therefore declare: Brett Shaw duly Clerk of the Board of Supervisors
eleded for the office of DUBUQUE CITY
COUNCIL WARD ONE for the term of 4 years. 11. Mediacom Communications Company:
Correspondence from Lee Grassley, Senior
MAYOR Manager of Government Relations for Media-
Roy D. Buol - Received three thousand six com Communications Company, informing the
hundred eighty-seven (3687)votes City of rate adjustments being implemented on
WRITE-IN or about January 1, 2018. Upon motion the
John Miller - Received twenty-three (23) document was received and filed.
votes
Jake Rios - Received two thousand four
hundred nine (2409)votes
Candidate Total - Six thousand one hun-
dred nineteen (6119)votes
Book 147 Regular Session December 4, 2017 456
12. Alcohol License Renewals: City Man- Passed, approved and adopted this 4t° day
ager recommending approval of annual beer, of December 2017.
liquor and wine licenses as submitted. Upon Roy D. Buol, Mayor
motion the documents were received and filed Attest: Kevin S. Firnstahl, City Clerk
and Resolution No. 377-17 Approving applica-
tions for beer, liquor, and/or wine permits, as ITEMS SET FOR PUBLIC HEARING
required by City of Dubuque Code of Ordi-
nances Title 4 Business and License Regula- Motion by Lynch to receive and file the
tions, Chapter 2 Liquor Control, Article B Liq- documents, adopt the resolutions, set the pub-
uor, Beer and Wine Licenses and Permits was lic hearings as indicated, and direct the City
adopted. Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 377-17
APPROVING APPLICATIONS FOR BEER, 1. Vacation of Plat of Survey of Hurst Addi-
LIQUOR, AND/OR WINE PERMITS, AS RE- tion (Lots 1 &2): City Manager recommending
QUIRED BY CITY OF DUBUQUE CODE OF that the City Council set a public hearing for
ORDINANCES TITLE 4 BUSINESS AND LI- December 18, 2017 to vacate the Plat of Sur-
CENSE REGULATIONS, CHAPTER 2 LIQ- vey for Lot 1 and Lot 2 of Hurst Addition. Upon
UOR CONTROL, ARTICLE B LIQUOR, motion the documents were received and filed
BEER AND WINE LICENSES AND PERMITS and Resolution No. 378-17 Resolution of Intent
Whereas, applications for Beer, Liquor, to vacate Plat of Lot 1 and Lot 2 of Hurst Addi-
and or Wine Permits have been submitted and tion, in the City of Dubuque, lowa comprised of
filed with the City Council for approval and the Lot 31 through Lot 36 of O'Neill's Addition in
same have been examined and approved; and the City of Dubuque, lowa was adopted setting
Whereas, the premises to be occupied by a public hearing for a meeting to commence at
such applicants were inspected and found to 6:00 p.m. on December 18, 2017 in the Histor-
comply with the Ordinances of the City and the ic Federal Building.
applicants have filed the proper fees and
bonds and otherwise complied with the re- RESOLUTION NO. 378-17
quirements of the Code of Ordinances. INTENT TO VACATE PLAT OF SURVEY
NOW, THEREFORE, BE IT RESOLVED FOR LOT 1 AND LOT 2 OF HURST ADDI-
BY THE CITY COUNCIL OF THE CITY OF TION, IN THE CITY OF DUBUQUE, IOWA,
DUBUQUE, IOWA: COMPRISED OF LOT 31 THROUGH LOT 36
Sedion 1. The City Clerk is hereby author- OF O'NEILL'S ADDITION IN THE CITY OF
ized and direded to cause to be issued the DUBUQUE, IOWA
noted permit types to the following applicants Whereas, the proprietors of the property ly-
pending submission of the locally required ing within the Plat of Survey of Lot 1 and Lot 2
documentation: of Hurst Addition, in the City of Dubuque, lowa
Renewals (the "PIaY') have requested the vacation of
Happy's Place, 2323 Rockdale Rd., Class C such Plat; and
Liquor(Outdoor) (Sunday) Whereas, the petitioners have requested
Hy-Vee C-Store #1, 3270 Dodge St., Class C that the property currently described by the
Beer, Class B Wine (Sunday) Plat be hereinafter known and described by
Inspire Cafe, 955 Washington St. Suite 105, the legal description of such property immedi-
Class C Liquor, Class B Wine (Sunday) ately prior to the recording of such Plat; name-
lowa Street Market, Inc., 1256 lowa St., Class ly as Lot 31, Lot 32, Lot 33, Lot 34, Lot 35, and
E Liquor, Class B Wine, Class C Beer (Sun- Lot 36 of O'Neill's Addition in the City of Dubu-
day) que, lowa.
Pepper Sprout, Inc., 378 Main St., Class C NOW THEREFORE, BE IT RESOLVED
Liquor BY THE CITY COUNCIL OF THE CITY OF
Sam's Club #4973, 4400 Asbury Rd., Class E DUBUQUE, IOWA:
Liquor, Class B Wine, Class C Beer (Sun- Sedion 1. That the City of Dubuque in-
day) tends to vacate the Plat of Survey.
New Section 2. That a public hearing on the in-
Hops & Rye, 1108 Locust St., Class C Liquor tent to vacate the Plat is hereby set for the 18�n
(Outdoor) (Sunday) day December 2017, at the Historic Federal
Next Phase Bar, 1902 Central Ave., Class C Building, 350 W. 5t° Street, Dubuque, lowa,
Liquor(Sunday) beginning at 6:00 p.m., and the City Clerk be
Your Pie, 800 Wacker Dr., Special Class C and is hereby authorized and directed to cause
Liquor, Class B Native Wine (Outdoor) (Sun- a notice of public hearing on the intent to va-
day) cate the Plat to be published in the manner as
prescribed by law.
Passed, approved and adopted this 4t° day
Book 147 Regular Session, December 4, 2017 457
of December 2017. carried 7-0.
Roy D. Buol, Mayor Planning Services Manager Laura Car-
Attest: Kevin S. Firnstahl, City Clerk stens provided a staff report. Ms. Carstens and
Zoning Advisory Commission Chairperson
BOARDS/COMMISSIONS Tom Henschel responded to questions from
the City Council about history of the use of R1
Applicants were invited to address the City and R2 zoning stating that it relates to the level
Council regarding their desire to serve on the of density desired by the Council and con-
following Boards/Commissions. Applicant ap- firmed that the rezoning can only apply to the
pointments will be made at the next City area requested by the applicant. Develop-
Council meeting. er/applicant Brandon Merrick responded to
questions from the City Council relating to the
1. Community Development Advisory compelling reason for the zoning change, and
Commission: One, 3-year term through Febru- stated that he's developing the property be-
ary 15, 2020 (Vacant Low- to Moderate- cause of a strong market demand for town-
Income term of Blok). Applicant: Gerald Ham- homes, that he will sell the units and not rent,
mel Jr., 1225 '/� Rhomberg Ave. (Qualifies for and that the project is for 2 side-by-side units
Low-to Moderate-Income). and not 4 homes. Oakley Bandy, 3841 Inwnod;
Robert Vandermeulen, 3940 Oneida, Ron Kuhl
2. Historic Preservation Commission: One, 3994 Oneida; and Kelly Hingtgen, 3461 Foot-
3-year term through July 1, 2018 (Vacant At- hill, on behalf of her father who owns property
Large term of Terry). Applicant: Kayla Morri- in the noted area, all spoke in opposition to the
son, 2175 Clarke Dr. (Qualifies as At-Large). request citing increased building density and
vehicles, substandard gravel streets without
3. Housing Board of Appeals: One, 3-year curb and gutter, stormwater drainage, and
term through January 11, 2021 (Expiring term opposition to potential rental of the property as
of Gotr). Applicant: Mary Gotr, 1844 Bennett problematic with the proposed development.
St. The City Council discussed the level of density
being neutral with side-by-side units compared
4. Human Rights Commission: Three, 3- to single-family structures, stormwater runoff
year terms through January 1, 2021 (6cpiring being addressed through the permit process,
terms of Allen, Davis, Borovic). Applicants: and the capacity for any area property owners
Anthony Allen, Address verified within corpo- to rent. Council Member Connors specifically
rate city limits; Nicole Borovic, 3163 Hillcrest requested that, should the rezoning pass, the
Rd.; Frederick Davis Jr., 176 Alpine St. #5; property owners welcome the newcomers to
Ashley Melchert, 1265 Thomas PI. Ms. Borovic the neighborhood.
spoke in support of her appointment and pro- Motion by Jones for final consideration and
vided a brief biography. passage of Ordinance No. 44-17 Amending
Title 16 of the City of Dubuque Code of Ordi-
5. Mediacom Charitable Foundation: One, nances, Unified Development Code, by reclas-
1-year term through December 31, 2018 (6c- sifying hereinafter described property located
piring term of Chavenelle). Applicant: Gail at the end of Inwnod Avenue from R-1 Single-
Chavenelle, 1155 Kelly Ln. Family Residential District to R-2 Two-Family
Residential District. Seconded by Connors.
PUBLIC HEARINGS Motion carried 7-0.
1. Request to Rezone 3900 Block of In- OFFICIAL PUBLICATION
wood Avenue (Tabled from November 20, ORDINANCE NO.44-17
2017 Meeting.): Proof of Publication for notice AMENDING TITLE 16 OF THE CITY OF
of public hearing to consider a request from DUBUQUE CODE OF ORDINANCES, UNI-
Brandon Merrick to rezone the 3900 block of FIED DEVELOPMENT CODE, BY RECLAS-
Inwood Avenue from R-1 Single-Family Resi- SIFYING HEREINAFTER DESCRIBED
dential to R-2 Twn-Family Residential Zoning PROPERTY LOCATED AT THE END OF
District and the Zoning Advisory Commission INWOOD AVENUE FROM R-1 SINGLE-
recommending approval. FAMILY RESIDENTIAL DISTRICT TO R-2
Motion by Jones to removed from the ta- TWO-FAMILY RESIDENTIAL DISTRICT
ble. Seconded by Connors. Motion carried 7-0. NOW, THEREFORE, BE IT ORDAINED
Motion by Jones to receive and file the BY THE CITY COUNCIL OF THE CITY OF
documents and that the requirement that a DUBUQUE, IOWA:
proposed ordinance be considered and voted Sedion 1. That Title 16 of the City of
on for passage at hnro Council meetings prior Dubuque Code of Ordinances, Unified Devel-
to the meeting at which it is to be passed be opment Code, is hereby amended by reclassi-
suspended. Seconded by Connors. Motion fying the hereinafter—described property from
Book 147 Regular Session December 4, 2017 458
R-1 Single-Family Residential District to R-2 at a public hearing, a copy of which Develop-
Two-Family Residential District, to wit: ment Agreement is now on file at the Office of
Lots 49, 50, 51 and 52 of O'Neill's North the City Clerk, City Hall, 50 W. 13t° Street,
Dubuque Addition, and to the centerline of the Dubuque, lowa; and
adjoining public right-of-way, all in the City of Whereas, it is deemed necessary and ad-
Dubuque, lowa. visable that the City should authorize the issu-
Section 2. That the foregoing amendment ance of Urban Renewal Tax Increment Reve-
has heretofore been reviewed by the Zoning nue Obligations, as provided by Chapter 403
Advisory Commission of the City of Dubuque, of the Code of lowa, and disposal of the real
lowa. estate, for the purpose of carrying out the re-
Section 3. This Ordinance shall take effect habilitation of the property located at 1690 Elm
immediately upon publication as provided by Street as described in the Development
law. Agreement; and
Passed, approved and adopted this 4t° day Whereas, before said obligations may be
of December 2017. approved and the real estate disposed of, lowa
/s/Roy D. Buol, Mayor law requires that the City Clerk publish a no-
Attest: /s/Kevin S. Firnstahl, City Clerk tice of the proposal and of the time and place
Published officially in the Telegraph Herald of the meeting at which the City Council pro-
newspaper on the 8t°day of December 2017. poses to take action thereon and at which
/s/Kevin S. Firnstahl, City Clerk meeting the City Council shall receive oral
and/or written objections from any resident or
2. Mebc, LLC Development Agreement and property owner of said City to such proposed
Intent to Dispose of Property at and Adjacent action; and
to 1690 Elm Street: Proof of publication on Whereas, pursuant to published notice, a
notice of public hearing to consider approval of public hearing was held on the proposed dis-
the proposed issuance of Urban Renewal Tax position of the City-owned property and the
Increment Revenue Obligations and the dispo- issuance of Urban Renewal Tax Increment
sition of City owned real estate relating to a Revenue Obligations on December 4, 2017 at
previously approved Development Agreement 6:00 p.m. in the City Council Chambers at the
with Metx, LLC, and the City Manager recom- Historic Federal building, 350 W. 6t° Street,
mending approval. Motion by Connors to re- Dubuque, lowa; and
ceive and file the documents and adopt Reso- NOW THEREFORE, BE IT RESOLVED
lution No. 379-17 Approving the issuance of BY THE CITY COUNCIL OF THE CITY OF
Urban Renewal Tax Increment Revenue Obli- DUBUQUE, IOWA:
gations and the disposition of City-owned real Section 1. That the issuance of Urban Re-
estate pursuant to the Development Agree- newal Tax Increment Revenue Obligations and
ment between the City of Dubuque, lowa and the disposal of City-owned real estate pursu-
Metx, LLC Seconded by Lynch. Responding to ant to the Development Agreement between
questions from the City Council about the the City of Dubuque and Mebc, LLC is hereby
City's investment in Crescent Community approved.
Health Center, City Manager Van Milligen Sedion 2. That the City Manager is author-
stated that the CCHC has outgrown its current ized to take such actions as are necessary to
space and that the new space will allow the comply with the terms of the Development
Center to combine into one space and expand Agreement.
services, adding that while the City provided Passed, approved and adopted this 4t° day
support for development of the current building of December, 2017.
where the Center is housed, the City still owns Roy D. Buol, Mayor
a portion of that parking lot and disposition of Attest: Kevin S. Firnstahl, City Clerk
the lot will have to be wnrked out. Motion car-
ried 7-0. 3. SS Event Center, LLC (aka Steeple
Square) Development Agreement - 101 E.
RESOLUTION NO. 379-17 15th Street: Proof of publication on notice of
APPROVING THE ISSUANCE OF URBAN public hearing to consider approval the pro-
RENEWAL TAX INCREMENT REVENUE posed issuance of Urban Renewal Tax Incre-
OBLIGATIONS AND THE DISPOSITION OF ment Revenue Obligations relating to a previ-
CITY-OWNED REAL ESTATE PURSUANT ously approved Development Agreement with
TO THE DEVELOPMENT AGREEMENT BE- SS Event Center, LLC, and the City Manager
TWEEN THE CITY OF DUBUQUE, IOWA recommending approval. Motion by Lynch to
AND METX, LLC receive and file the documents and adopt
Whereas, the City of Dubuque, lowa (City) Resolution No. 380-17 Approving the issuance
and Mebc, LLC have entered into a Develop- of Urban Renewal Tax Increment Revenue
ment Agreement, certain components of which Obligations relating to a previously approved
are subject to the approval of the City Council Development Agreement with SS Event Cen-
Book 147 Regular Session, December 4, 2017 459
ter, LLC. Seconded by Resnick. Motion carried ceive and file the documents and adopt Reso-
7-0. lution No. 381-17 Approving the Amended and
Restated Urban Renewal Plan for the Greater
RESOLUTION NO. 380-17 Downtown Urban Renewal District. Seconded
APPROVING THE ISSUANCE OF URBAN by Connors. Motion carried 7-0.
RENEWAL TAX INCREMENT REVENUE
OBLIGATIONS RELATING TO A PREVI- RESOLUTION NO. 381-17
OUSLY APPROVED DEVELOPMENT APPROVING THE AMENDED AND RE-
AGREEMENT WITH SS EVENT CENTER, STATED URBAN RENEWAL PLAN FOR
LLC THE GREATER DOWNTOWN URBAN RE-
Whereas, City and SS Event Center, LLC NEWAL DISTRICT
have entered into a Development Agreement, Whereas, by Resolution 363-17 on No-
certain components of which are subject to the vember 6, 2017 the City Council of the City of
approval of the City Council, a copy of which is Dubuque, lowa authorized the preparation of
now on file at the Office of the City Clerk, City an Amended and Restated Urban Renewal
Hall, 50 W. 13t°Street, Dubuque, lowa; and Plan (the "Amended and Restated Plan") for
Whereas, pursuant to published notice, a the Greater powntown Urban Renewal District
public hearing was held on the proposed dis- (the"DistricY�; and
position on December 4, 2017 at 6:00 p.m. in Whereas, the City of Dubuque's primary
the City Council Chambers at the Historic objective for the Amended and Restated Plan
Federal building, 350 W. 6t° Street, Dubuque, is to provide opportunities which will further
lowa.; and economic development purposes and objec-
Whereas, it is deemed necessary and ad- tives and remediate blighting conditions, and
visable that City should authorize Urban Re- that to address these objectives additional
newal Tax Increment Revenue obligations, as projects are being added as described in the
provided by Chapter 403 of the Code of lowa, Amended and Restated Plan; and
for the purpose of carrying out the rehabilita- Whereas, a consultation process has been
tion of property located at 101 E. 15t° Street as undertaken with affected taxing entities in ac-
hereinafter described; and cordance with Chapter 403 of the Code of lo-
Whereas, before said obligations may be wa with no written objections or recommended
approved, Chapter 403 of the Code of lowa changes to the Amended and Restated Plan
requires that the City Clerk publish a notice of received; and
the proposal and of the time and place of the Whereas, the City Council, in accordance
meeting at which the City Council proposes to with Chapter 403 of the Code of lowa, has
take action thereon and at which meeting the held a public hearing on the proposed Amend-
City Council shall receive oral and/or written ed and Restated Plan.
objections from any resident or property owner NOW, THEREFORE, BE IT RESOLVED
of said City to such proposed action. BY THE CITY COUNCIL OF THE CITY OF
NOW THEREFORE, BE IT RESOLVED DUBUQUE, IOWA:
BY THE CITY COUNCIL OF THE CITY OF Section 1. That the Amended and Restated
DUBUQUE, IOWA: Urban Renewal Plan for the Greater pown-
Section 1. That the issuance of urban re- town Urban Renewal District, on file in the City
newal tax increment revenue obligations relat- Clerk's Office and made reference to herein, is
ing to a previously approved development hereby approved; that a feasible method exists
agreement between the City of Dubuque and for the location of any families who will be dis-
SS Event Center, LLC, a copy of which is at- placed from the District into decent, safe and
tached hereto, is hereby approved. sanitary dwelling accommodations within their
Section 2. That the City Manager is author- means and without undue hardship to such
ized to take such actions as are necessary to families; and that the Amended and Restated
comply with the terms of the Development Plan conforms to the general plan of the City
Agreement as herein approved. as a whole. The City does not currently antici-
Passed, approved and adopted this 4t° day pate the acquisition of any real property in
of December, 2017. connection with the land and projects being
Roy D. Buol, Mayor added by the Amended and Restated Plan.
Attest: Kevin S. Firnstahl, City Clerk Sedion 2. That the City Clerk of the City of
Dubuque, lowa is hereby authorized and di-
4. Greater powntown Urban Renewal Dis- rected to file a certified copy of this Resolution
trict Amendment: Proof of publication on notice in the office of the Dubuque County Auditor.
of public hearing to consider approval of a
proposed Amended and Restated Urban Re-
newal Plan for the Greater powntown Urban
Renewal Distrid and the City Manager rec-
ommending approval. Motion by Lynch to re-
Book 147 Regular Session December 4, 2017 460
Passed, approved and adopted this 4t° day newal Area is a mixed area for the remediation
of December 2017. of blight and promotion of economic develop-
Roy D. Buol, Mayor ment (commercial and industrial) within the
Attest: Kevin S. Firnstahl, City Clerk meaning of lowa Code Chapter 403; that such
area is eligible for designation as an urban
5. Peru Road Urban Renewal District - renewal area and otherwise meets all requi-
Resolution of Adoption: Proof of publication on sites under the provisions of Chapter 403 of
notice of public hearing to consider approval of the Code of lowa; and that the rehabilitation,
a proposed Urban Renewal Plan for the Peru conservation, redevelopment, development, or
Road Urban Renewal Area and the City Man- a combination thereof, of such area is neces-
ager recommending approval. Motion by Con- sary in the interest of the public health, safety
nors to receive and file the documents and or welfare of the residents of this City.
adopt Resolution No. 382-17 Approving the Sedion 3. That, notwithstanding any reso-
Urban Renewal Plan for the Peru Road Urban lution, ordinance, plan, amendment or any
Renewal Area. Seconded by Lynch. Motion other document, the original Plan shall be in
carried 7-0. full force and effect from the date of this Reso-
lution until the Council amends or repeals the
RESOLUTION NO. 382-17 Plan.
APPROVING THE URBAN RENEWAL PLAN Sedion 4. That the City Clerk of the City of
FOR THE PERU ROAD URBAN RENEWAL Dubuque, lowa is hereby authorized and di-
AREA rected to file a certified copy of this Resolution
Whereas, by Resolution 362-17 on No- in the office of the Dubuque County Auditor.
vember 6, 2017 the City Council of the City of Passed, approved and adopted this 4t° day
Dubuque, lowa authorized the preparation of of December 2017.
an Urban Renewal Plan (the " Plan") for the Roy D. Buol, Mayor
Peru Road Urban Renewal Area (the "Area"); Attest: Kevin S. Firnstahl, City Clerk
and
Whereas, the proposed Urban Renewal PUBLIC INPUT
Plan for the Area has been prepared and
placed on file for public inspection in the City Tom Hoelscher, 780 Angella St., ad-
Clerk's Office; and dressed the City Council about the amend-
Whereas, the City Council of the City of inent to the City's noise ordinance discussed
Dubuque has determined that the creation of at the November 20 City Council meeting sug-
the Area will stimulate, through public involve- gesting that there should first be a dialogue
ment and commitment, blight mitigation and between the neighbors and the educational
private investment in redevelopment activity; institutions creating the music/noise issue with
and a possible one-year period to gain an accurate
Whereas, a consultation process has been pidure of the issue. Mr. Hoelscher added that
undertaken with affeded taxing entities in ac- iYs usually the pradice events that are the
cordance with Chapter 403 of the Code of lo- source of the undesirable noise and not the
wa with no written objections or recommended events themselves, Loras College has made a
changes to the Plan received; and difference by working with its students, and
Whereas, the City Council, in accordance that perhaps a committee could be formed to
with Chapter 403 of the Code of lowa, has reviewthe issue.
held a public hearing on the proposed Plan.
NOW, THEREFORE, BE IT RESOLVED ACTION ITEMS
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: 1. Derby Grange Sanitary Sewer Project
Section 1. That the Urban Renewal Plan Award: City Manager recommending award of
for the Peru Road Urban Renewal Area, on file the Derby Grange Sanitary Sewer Project con-
in the City Clerk's Office and made reference struction contract to the low bidder Connolly
to herein, is hereby approved; that a feasible Construdion, Inc. Motion by Lynch to receive
method exists for the location of any families and file the documents and adopt Resolution
who will be displaced from the Area into de- No. 383-17 Awarding Public Improvement
cent, safe and sanitary dwelling accommoda- Contract for the Derby Grange Sanitary Sewer
tions within their means and without undue Extension Project. Seconded by Connors. Mo-
hardship to such families; and that the Plan tion carried 7-0.
conforms to the general plan of the City as a
whole. The City does not currently anticipate
the acquisition of any real property in connec-
tion with the land and projects included in the
Plan.
Sedion 2. That the Peru Road Urban Re-
Book 147 Regular Session, December 4, 2017 461
RESOLUTION NO. 383-17 City in connection with the Urban Renewal
AWARDING PUBLIC IMPROVEMENT CON- Plan for the Peru Road Urban Renewal Area.
TRACT FOR THE DERBY GRANGE SANI- Seconded by Connors. Motion carried 7-0.
TARY SEWER EXTENSION PROJECT
Whereas, sealed proposals have been OFFICIAL PUBLICATION
submitted by contractors for the Derby Grange ORDINANCE NO.45-17
Sanitary Sewer 6ctension Project, (the Pro- PROVIDING THAT GENERAL PROPERTY
jed) pursuant to Resolution No. 361-17 and TAXES LEVIED AND COLLECTED EACH
Notice to Bidders published on the City of YEAR ON ALL PROPERTY LOCATED
Dubuque, lowa website and plan room service WITHIN THE PERU ROAD URBAN RENEW-
with statewide circulation on the 7th day of AL AREA OF THE CITY OF DUBUQUE,
November 2017; and COUNTY OF DUBUQUE, STATE OF IOWA,
Whereas, said sealed proposals were BY AND FOR THE BENEFIT OF THE STATE
opened and read on the 22od day of November OF IOWA, CITY OF DUBUQUE, COUNTY OF
2017 and it has been determined that Connolly DUBUQUE, DUBUQUE COMMUNITY
Construction of Peosta, lowa, with a bid SCHOOL DISTRICT, AND OTHER TAXING
amount of $325,638.00 is the lowest respon- DISTRICTS, BE PAID TO A SPECIAL FUND
sive, responsible bidder for the Project. FOR PAYMENT OF PRINCIPAL AND IN-
NOW THEREFORE, BE IT RESOLVED TEREST ON LOANS, MONIES ADVANCED
BY THE CITY COUNCIL OF THE CITY OF TO AND INDEBTEDNESS, INCLUDING
DUBUQUE, IOWA: BONDS ISSUED OR TO BE ISSUED, IN-
ThataPubliclmprovementContractforthe CURRED BY SAID CITY IN CONNECTION
Projed is hereby awarded to Connolly con- WITH THE URBAN RENEWAL PLAN FOR
strudion, and the City Manager is hereby di- THE PERU ROAD URBAN RENEWAL AREA
rected to execute a Public Improvement Con- Whereas, the Urban Renewal Plan for the
tract on behalf of the City of Dubuque for the Peru Road Urban Renewal Area was adopted,
Projed. pursuant to Resolution No. 382-17 approved
Passed, adopted and approved this 4t° day on December 4, 2017 for the purpose of creat-
of December 2017. ing the Peru Road Urban Renewal Area (the
Roy D. Buol, Mayor "Area") located in the area legally described as
Attest: Kevin S. Firnstahl, City Clerk follows:
Lot 1 of Great Western Subdivision No. 1, and
2. Peru Road Urban Renewal Area - Tax also including the Public Right of Way of Jack-
Increment Financing District Ordinance: City son Street abutting thereto; and
Manager recommending adoption of an ordi- Lot 2 of Great Western Subdivision No. 1; and
nance approving the Tax Increment Financing Lot 1 of Great Western Subdivision No. 4; and
District for the Peru Road Urban Renewal Area Lot 2 of Great Western Subdivision No. 2; and
created primarily for economic development Lot 1 of Great Western Subdivision No. 2, and
(commercial and industrial) and blight mitiga- also including the Public Right of Way of Jack-
tion and redevelopment of the soon-to-be- son Street abutting thereto.
vacated Flexsteel manufacturing facility. Mo- All in the City of Dubuque, lowa and
tion by Resnick to receive and file the docu- Whereas, indebtedness will be incurred by
ments and that the requirement that a pro- the City to finance urban renewal project activi-
posed ordinance be considered and voted on ties within the Area in furtherance of the objec-
for passage at two Council meetings prior to tives of the Urban Renewal Plan for the Area;
the meeting at which it is to be passed be sus- and
pended. Seconded by Jones. Motion carried 7- Whereas, the following enactment is nec-
0. essary to accomplish the objectives described
Motion by Resnick for final consideration in the premises.
and passage of Ordinance No. 45-17 Provid- NOW, THEREFORE, BE IT ORDAINED
ing that general property taxes levied and col- BY THE CITY COUNCIL OF THE CITY OF
lected each year on all property located within DUBUQUE, IOWA, THAT:
the Peru Road Urban Renewal Area of the City Sedion 1: For purposes of this Ordinance,
of Dubuque, County of Dubuque, State of lo- the following terms shall have the following
wa, by and for the benefit of the State of lowa, meanings:
City of Dubuque, County of Dubuque, Dubu- a) Urban Renewal Area includes the following
que Community School District, and other Tax- described properties:
ing Districts, be paid to a special fund for pay- Lot 1 of Great Western Subdivision No. 1, and
ment of principal and interest on loans, monies also including the Public Right of Way of Jack-
advanced to and indebtedness, including son Street abutting thereto; and
bonds issued or to be issued, incurred by said Lot 2 of Great Western Subdivision No. 1; and
Lot 1 of Great Western Subdivision No. 4; and
Lot 2 of Great Western Subdivision No. 2; and
Book 147 Regular Session December 4, 2017 462
Lot 1 of Great Western Subdivision No. 2, and Code Sedion 403.19 in effect as of the date
also including the Public Right of Way of Jack- this Ordinance is adopted shall be collected
son Street abutting thereto. against all taxable property within the Urban
All in the City of Dubuque, lowa Renewal Area without any limitation as here-
b) Urban Renewal Plan shall mean the inabove provided.
Urban Renewal Plan for the Peru Road Urban Sedion 5: Unless or until the total as-
Renewal Area, approved by Resolution No. sessed valuation of the taxable property in the
382-17 on December 4, 2017 as the same Urban Renewal Area exceeds the total as-
may be amended from time to time. sessed value of the taxable property in the
Section 2: The taxes levied on the taxable Urban Renewal Area as shown by the as-
property in the Urban Renewal Area, legally sessment rolls referred to in Section 3 of this
described in the Preambles and Section 1 Ordinance, all of the taxes levied and collected
hereof, by and for the benefit of the State of upon the taxable property in the Urban Re-
lowa, City of Dubuque, County of Dubuque, newal Area shall be paid into the funds for the
Dubuque Community School District, and all respective taxing districts as taues by or for the
other taxing districts from and after the effec- taxing districts in the same manner as all other
tive date of this Ordinance shall be divided as property taxes.
hereinafter in this Ordinance provided. Section 6: At such time as the loans, mon-
Sedion 3: That portion of the taxes which ies advanced, bonds and interest thereon and
would be produced by the rate at which the tax indebtedness of the City of Dubuque referred
is levied each year by or for each of the taxing to in Section 4 hereof have been paid, all mon-
districts upon the total sum of the assessed ies thereafter received from taxes upon the
value of the taxable property in the Urban Re- taxable property in the Urban Renewal Area
newal Area, as shown on the assessment roll shall be paid into the funds for the respective
as of January 1 of the calendar year preceding taxing districts in the same manner as taxes
the first calendar year in which the City of on all other property.
Dubuque certifies to the County Auditor the Sedion 7: All ordinances or parts of ordi-
amount of loans, advances, indebtedness, or nances in conflict with the provisions of this
bonds payable from the division of property tax Ordinance are hereby repealed. The provi-
revenue described herein, shall be allocated to sions of this Ordinance are intended and shall
and when collected be paid into the fund for be construed so as to continue the division of
the respective taxing district as taxes by or for taxes from property within the Urban Renewal
the taxing district into which all other property Area under the provisions of Section 403.19 of
taxes are paid. The taxes so determined shall the Code of lowa. In the event that any provi-
be referred to herein as the "base period tax- sion of this Ordinance shall be determined to
es"for such Urban Renewal Area. be contrary to law it shall not affect other pro-
Section 4: That portion of the taxes each visions or application of this Ordinance which
year in excess of the base period taxes deter- shall at all times be construed to fully invoke
mined as provided in Section 3 of this Ordi- the provisions of Section 403.19 of the Code of
nance shall be allocated to and when collected lowa with reference to the Urban Renewal
be paid into the special tax increment fund Area and the territory contained therein.
hereby established by the City of Dubuque to Sedion 8: This Ordinance shall be in effed
pay the principal of and interest on loans, mon- after its final passage, approval and publica-
ies advanced to, or indebtedness, whether tion as provided by law.
funded, refunded, assumed or otherwise, in- Passed and approved this 4t° day of De-
cluding bonds issued under authority of Sec- cember 2017.
tion 403.9 or Sedion 403.12 of the Code of /s/Roy D. Buol, Mayor
lowa, incurred by the City of Dubuque, lowa to Attest: /s/Kevin S. Firnstahl, City Clerk
finance or refinance, in whole or in part, urban Read first time: December 4, 2017
renewal projects undertaken within the Urban Passed and approved: December 4, 2017
Renewal Area pursuant to the Urban Renewal Published: December 8, 2017
Plan, except that taxes for the regular and
voter-approved physical plant and equipment 3. Southwest Arterial Construction Year in
levy of a school district imposed pursuant to Review Video: Cable TV Division presented a
Section 298.2 of the Code of lowa and taxes video of the Southwest Arterial Project con-
for the instructional support program of a struction year in review. Motion by Connors to
school district imposed pursuant to Section receive and file the information. Seconded by
257.19 (but in each case only to the extent Resnick. Motion carried 7-0.
required under Section 403.19(2)), taxes for
the payment of bonds and interest of each
taxing district, taxes imposed under Section
346.27(22) related to joint county-city build-
ings, and any other exceptions under lowa
Book 147 Regular Session, December 18, 2017 463
COUNCIL MEMBER REPORTS CITY OF DUBUQUE, IOWA
Mayor Buol recognized Boy scouts from CITY COUNCIL PROCEEDINGS
Troop#94 who were in attendance. REGULAR SESSION
OFFICIAL
There being no further business, upon mo-
tion the City Council adjourned at 7:16 p.m. The Dubuque City Council met in regular
session at 6:00 p.m. on December 18, 2017 in
/s/Kevin S. Fimstahl, CMC, City Clerk the Historic Federal Building, 350 W. 6�n
Street.
Present: Mayor Buol; Council Members
Connors, Del Toro, Jones, Lynch, Resnick,
Rios; 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
PROCLAMATION(S)
1. Human Slavery and Human Trafficking
Prevention Month (January 2018) and Human
Trafficking Awareness Day (January 11, 2018)
was accepted by Sr. Mary Lechtenburg OSF
and Sr. Joy Peterson PVB of the Tri-State Co-
alition Against Human Trafficking.
CONSENTITEMS
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 12/6; City Council Proceed-
ings of 12/4; Dubuque County Emergency
Management Commission of 8/1/17; Five
Flags Civic Center Commission of 11/27; Hu-
man Rights Commission of 11/13; Long Range
Planning Advisory Commission of 11/28; Park
and Recreation Commission of 11/14; Zoning
Advisory Commission of 12/6; Zoning Board of
Adjustment 11/16; Proof of publication for City
Council Proceedings of 11/13, 11/20, 11/27.
Upon motion the documents were received
and filed.
2. Notice of Claims and Suits: Douglas
Spyrison 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 lowa,
the agent for the lowa Communities Assurance
Book 147 Regular Session, December 18, 2017 464
Pool: Douglas Spyrison for property damage. rial Plaza or any Veteran's Memorial within the
Upon motion the documents were received, City of Dubuque was adopted.
filed, and concurred.
RESOLUTION NO. 384-17
4. Awards and Recognitions for the City of ACCEPTING A GIFT OF FUNDS FROM
Dubuque: City Manager transmitting the public VETERAN'S MEMORIAL PLAZA FOR THE
information brochure listing awards and recog- MAINTENANCE, CARE, AND EXPANSION
nitions for the City of Dubuque. Upon motion OF THE CHAPLAIN SCHMITT ISLAND VET-
the document was received and filed. ERAN'S MEMORIAL PLAZA AND AUTHOR-
IZING THE SALE OF ADDITIONAL PAVERS
5. City Focus: City Manager transmitting TO BE USED FOR THE CHAPLAIN
the Fall 2017 City Focus public information SCHMITT ISLAND VETERAN'S MEMORIAL
brochure. Upon motion the document was PLAZA OR ANY VETERAN'S MEMORIAL
received and filed. WITHIN THE CITY OF DUBUQUE
Whereas, Veteran's Memorial Plaza, an
6. Eagle Point Park - National Register of lowa non-profit corporation has tendered to the
Historic Places: City Manager transmitting City of Dubuque a Trust of $125,503.11 and
correspondence from the lowa Department of future interest earned thereon for the express
Cultural Affairs that Eagle Point Park has been purpose of using the income therefrom to
listed as a Historic District in the National Reg- maintain and perpetuate the Chaplain Schmitt
ister of Historic Places effective November 27, Island Veteran's Memorial Plaza (including the
2017. Upon motion the documents were re- Memorial to Fr. Aloysius Herman Schmitt) in
ceived and filed. the City of Dubuque, Dubuque County, lowa;
and
7. Dubuque Ranked #12 on "30 Best Small Whereas, such donor has imposed upon
Cities in the U.S." List: City Manager transmit- such a gift certain terms and conditions as set
ting information from the online travel source out in a letter of October 19, 2017, addressed
Alot Travel, ranking Dubuque#12 on its list of to the Mayor and City Council of the City of
the "30 Best Small Cities in the U.S." Upon Dubuque, which letter is now on file in the of-
motion the document was received and filed. fice of the City Clerk; and
Whereas, the City Council is of the opinion
8. Human Rights Department Annual Re- that it is in the best public interest that such gift
port: City Manager transmitting the Fiscal Year be accepted under the terms and conditions
2017 Annual Report of the Human Rights De- stated in such letter.
partment. Upon motion the document was NOW THEREFORE, BE IT RESOLVED
received and filed. BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE:
9. Fiscal Year 2019 Annual Tax Increment Section 1. That the City of Dubuque hereby
Financing (TIF) Report: City Managertransmit- accepts such gift under the terms and condi-
ting the Annual Tax Increment Financing Re- tions stated in such letter and the City Manag-
port that has been filed with Dubuque County er is hereby authorized to receive the transfer
Auditor Denise Dolan. Upon motion the docu- of said monies for and on behalf of the City of
ment was received and filed. Dubuque.
Section 2. That said monies shall, when
10. Baker Tilly Study - Historic Tax Credit received, be placed in the Trust and Agency
Program is an Economic Driver for lowa: City Funds in a fund to be designated "The Chap-
Manager transmitting information from the lain Schmitt Island Veteran's Memorial Plaza
Historic Tax Credit Economic Impact Study as Fund" and the income there from shall be used
performed by the accounting firm of Baker only for the perpetual care, and maintenance,
Tilly. Upon motion the document was received as the same is now maintained, and future
and filed. development of the Chaplain Schmitt Island
Veteran's Memorial Plaza (including the Me-
11. Veterans' Memorial Plaza Fund Dona- morial to Fr. Aloysius Herman Schmitt) in the
tion: City Manager recommending acceptance City of Dubuque, Dubuque County, lowa.
of the Veterans' Memorial Plaza Fund for use Section 3. That the principal of the Chap-
at veterans' memorials. Upon motion the doc- lain Schmitt Island Veteran's Memorial Plaza
uments were received and filed and Resolution fund may be used by the City for and to the
No. 384-17 Accepting a gift of funds from Vet- extent necessary to:
eran's Memorial Plaza For the maintenance, Make extraordinary repairs to Chaplain
care, and expansion of the Chaplain Schmitt Schmitt Island Veteran's Memorial Plaza
Island Veteran's Memorial Plaza and authoriz- including the Memorial to Fr. Aloysius
ing the sale of additional pavers to be used for Herman Schmitt, or
the Chaplain Schmitt Island Veteran's Memo- To expand the Chaplain Schmitt Island
Book 147 Regular Session, December 18, 2017 465
Veteran's Memorial Plaza at its current weed/grass cutting and junk/garbage removal
general location. tax assessments which Schedule of Assess-
Section 4. The City of Dubuque may con- ments was filed in the office of the City Clerk
tinue the current sale of pavers and/or accept on the 14t° day of December 2018. The said
the proceeds from the sale of pavers and the Schedule of Assessments be and the same is
City may accept other gifts. The proceeds from hereby approved and adopted.
the sale of pavers and other gifts will be placed That there be, and is hereby assessed and
in a separate fund for use by the City for any levied as a lien upon the real property, the
veteran's memorials within the City of Dubu- respective sums indicated.
que. That the City Clerk be and is hereby di-
Sedion 5. In the event the City of Dubuque rected to certify said schedule to the County
ever finds that it can no longer administer the Treasurer of Dubuque County, lowa, and to
Chaplain Schmitt Island Veteran's Memorial publish notice of said certification once each
Plaza Fund according to the terms of this Res- week for two consecutive weeks in the manner
olution, the City of Dubuque shall deliver the provided in lowa Code § 362.3, the first publi-
funds to another trustee subject to the same cation of which shall be not more than fifteen
terms and restrictions contained herein, or days from the date of filing of the final sched-
may transfer the trust fund to all of the Veter- ule. On or before the date of the second publi-
ans' organizations then located in the City of cation of the notice, the City Clerk shall also
Dubuque, lowa, which are then an exempt mail a copy of said notice to property owners
501(c)(3) organization under the Internal Rev- whose property is subject to assessment, as
enue Code, in equal shares. provided and directed in lowa Code§384.60.
Section 6. This transition shall commence The assessments may be paid in full or in
December 22, 2017. part without interest at the Utility Billing Office,
Passed, approved, and adopted this 18�° City Hall, 50 W. 13�° Street, Dubuque, lowa, at
day of December 2017. any time within 30 days after the date of the
Roy D. Buol, Mayor first publication of the notice of the filing of the
Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments with the County
Treasurer. After 30 days, unpaid assessments
12. Tree City USA Application: City Man- are payable at the County Treasurer's Office,
ager recommending approval for the Mayor to Dubuque County Courthouse, 720 Central
execute the Tree City USA application for the Avenue, Dubuque, lowa, and charges shall be
City to become a Tree City USA. Upon motion collected in the same manner as general
the documents were received, filed and ap- property taxes against the respective parcels
proved. of the property set opposite the name of the
property owner.
13. Schedule of Assessments for Gar- Passed, approved and adopted this 18�n
bage/Junk Collection and Weed Cutting for day of December 2017.
2017 (Health Services): City Manager recom- Roy D. Buol, Mayor
mending approval of the levy of special as- Attest: Kevin S. Firnstahl, City Clerk
sessments for Weed/JunWGarbage Enforce-
ment Programs with the Health Services De- Schedule of Assessments
partment for properties enforced on from June Weed, Junk, Garbage Enforcement Programs
15, 2017 to October 12, 2017. Upon motion Property Address; Owner; Parcel; Legal De-
the documents were received and filed and scription; Date cuUcleaned up by contractor;
Resolution No. 385-17 Adopting the Schedule Expense; Administration Fee; Total for June
of Assessments for 2017 and Directing the 15, 2017-Oct 12, 2017
City Clerk to Certify the Schedule of Assess- Vacant Lot Air Hill; Louis George Mihalakis
ments to the County Treasurer and to publish 1212 Miller Rd. Dubuque IA 52003;
notice thereof was adopted. 1 0251 3001 1; N 40'-S 1/2-Lot 12, S 35'-S 1/2-
Lot 12, & S 60'-Lot 13 all in Kelly's
RESOLUTION NO. 385-17 Sub;06/16/2017; $67.50; $25.00; $92.50
ADOPTING THE SCHEDULE OF ASSESS- 1785 Hale St.; Lyons, Lawrence; 1816 g�n
MENTS FOR 2017 AND DIRECTING THE St. Alameda CA 94501-2252;1026253021; Lot
CITY CLERK TO CERTIFY THE SCHEDULE 1-32 Hodge's Sub No 2;06/20/2017; $90.00;
OF ASSESSMENTS TO THE COUNTY $25.00; $115.00
TREASURER AND TO PUBLISH NOTICE 25t°/Pinard; Ronald Lee Hixon; 27912 Cen-
THEREOF terville Rd.; LaMotte, IA 52054;1013408016;
NOW, THEREFORE, BE IT RESOLVED Lot 1-50 Bellevue Add;06/22/2017; $56.25;
BY THE CITY COUNCIL OF THE CITY OF $25.00; $81.25
DUBUQUE, IOW A:
That after full consideration of the Sched-
ule of Assessments attached hereto for
Book 147 Regular Session, December 18, 2017 466
2161 Washington St.; Kristina & Kelton 1358 Thomas Place; Gregory Oertel; 1358
Williams; 2161 Washington St.; Dubuque, IA Thomas Place Dubuque IA 52001;
52001;1024209014; Lot 1-86 & S 11.8' Lot 85 1118302001; NE 10' of Lot 2 of B of 96 & Lots
L H Lang's Add;06/27/2017; $116.50; $25.00; 1&2 of B of 97 McCraney's 1��
$141.50 Add;09/17/2017; $180.00; $25.00; $205.00
2124 Jackson St.; Pat Naderman; 2124 1100 Roosevelt St.; Gary Bernhard 1100
Jackson St., Dubuque, lA 52001;1024209006; Roosevelt St., Dubuque IA 52001;
N 63'-Lot 51 L H Langworthy's Add 2124-2126 1012201003; Lot 4 Wersinger Sub;
Jackson; 06/27/2017; $45.00; $25.00; $70.00 09/15/2017; $67.50; $25.00; $92.50
1100 Roosevelt St.; Gary Bernhard 1100 2609 Windsor Ave.; Wallace Berry & An-
Roosevelt St., Dubuque IA 52001; drea Ehlers; 2609 Windsor Ave.; Dubuque, IA
1012201003; Lot 4 Wersinger Sub; 52001;1013402011; N 30' of Lot 14 Stafford's
06/20/2017; $67.50; $25.00; $92.50 Add; 09/22/2017; $105.00; $25.00; $130.00
Lot next to 420 Southern; Patrick L& Sean 1106 Lincoln Ave.; Pamela J Stotlar; 1106
J Coleman 4101 Vincent Ave. S., Minneapolis Lincoln Ave.; Dubuque, IA 52001;1118315005;
MN.; 5410; 1036253003; Lot 3 Rowan's Add; Lot 34 Fengler's Add; 09/29/2017; $90.00;
07/19/2017; $67.50; $25.00; $92.50 $25.00; $115.00
3922 Inwood Ave.; Merrick Construction 543 N Booth St.; Lisa Stotts; 543 N Booth
and Development Corporation; 3080 Cedar St.; Dubuque, IA 52001;1026236016; Lot 33 S
Cross Ct.; Suite 101 Dubuque, IA M Lang's Add; 10/06/2017; $90.00; $25.00;
52003;1012181001; Lots 53 & 54 O'Neill's $115.00
North Dubuque; DD; 07/20/2017; $720.00;
$25.00; $745.00 14. Aduarial Valuation of Post-
4980 Radford Ct.; Tri-State Islamic Center, Employment Benefit Plans: City Manager rec-
PO Box 333; Dubuque IA 52004; 1020406036; ommending approval of the selection of
Lot 2 Blk 11 Sunnyslope Estates; 07/31/2017; Menard Consulting, Inc. to condud the GASB-
$600.00; $25.00; $625.00 75 actuarial valuation for 2018. Upon motion
3922 Inwood Ave.; Merrick Construction the documents were received, filed and ap-
and Development Corporation; 3080 Cedar proved.
Cross Ct.; Suite 101 Dubuque, IA 52003;
1012181001; Lots 53 & 54 O'Neill's North 15. Adopting Code Supplement No 27: City
Dubuque DD; 07/31/2017; $75.00; $25.00; Clerk recommending adoption of Supplement
$100.00 No. 27 to the City of Dubuque Code of Ordi-
Vacant Lots University Ave.; Deane C. & nances. Upon motion the documents were
Manolita Dement PO Box 836 Dubuque IA received and filed and Resolution No. 386-17
52004; 1 0251 2901 7 &1025129017; Lot 2-1-1- Adopting Supplement No. 27 to the Code of
10 Kelly's Sub & Lot 2-1-11 Kelly's Ordinances of the City of Dubuque, lowa was
Sub;08/08/2017; $67.50; $25.00; $92.50 adopted.
1100 Roosevelt St.; Gary Bernhard 1100
Roosevelt St., Dubuque IA 52001; RESOLUTION NO. 386-17
1012201003; Lot 4 Wersinger Sub;08/17/2017; ADOPTING SUPPLEMENT NO. 27 TO THE
$78.75; $25.00; $103.75 CODE OF ORDINANCES OF THE CITY OF
Vacant Lot Air Hill; Louis George Mihalakis DUBUQUE, IOWA
1212 Miller Rd. Dubuque IA 52003; Whereas, under date of August 17, 2009,
1 0251 3001 1; N 40'-S 1/2-Lot 12, S 35'-S 1/2- the City Council, pursuant to Ordinance No.
Lot 12, & S 60'-Lot 13 all in Kelly's 43-09, readopted the Code of Ordinances of
Sub;08/15/2017; $60.00; $25.00; $85.00 the City of Dubuque, lowa in its entirety; and
2520 Stafford St.; Gary A and Annette R Whereas, since August 17, 2009 the City
Haas; 2520 Stafford St.; Dubuque, IA 52001; Council of the City of Dubuque, lowa has
1013411005; Lot 2 A Stine's Sub;08/30/2017; adopted certain ordinances amending the
$67.50; $25.00; $92.50 Code of Ordinances and said amendments
393 Alpine St.; Kristopher Peckosh; 393 have been printed as supplements to the Code
Alpine St.; Dubuque, IA 52001; 1025152015; of Ordinances; and
Lot 28 T S Nairn's Dub;08/25/2017; $60.00; Whereas, Sedion 380.8 of the Code of lo-
$25.00; $85.00 wa provides that supplements, by resolution,
854 Kaufmann Ave.; Michael D. Canganelli become part of the Code of Ordinances.
854 Kaufmann Dubuque IA 52001; NOW THEREFORE BE IT RESOLVED BY
1014453009; Lot 7 Burtons Add;08/25/2017; THE CITY COUNCIL OF THE CITY OF
$180.00; $25.00; $205.00 DUBUQUE, IOWA:
3245 Shiras Ave.; Emmy Gaulke; 3245 Section 1. That Supplement No. 27 to the
Shiras Ave. Dubuque, IA 52001; 1106357004; City of Dubuque Code of Ordinances, which
Lot 1-2 And 1-1-3 of Mineral Lot 312; codifies Ordinance Nos. 37-17 through 42-17
09/08/2017; $90.00; $25.00; $115.00 as adopted by the City Council through Odo-
Book 147 Regular Session, December 18, 2017 467
ber 2017, prepared by the Sterling Codifiers, 10. Jeffrey Hall, 11. Alan Zweibohmer, 12.
Inc., and filed in the Office of the City Clerk of Nathan Hoffmann, 13. Nicholas Meyer, 14.
the City of Dubuque, lowa is hereby adopted Matt Herman, 15. Andrew Davis
and becomes part of the Code of Ordinances Respectfully submitted,
of the City of Dubuque, lowa. /s/Dan White, Chairman
Passed, approved and adopted this 18t° Civil Service Commission
day of December 2017.
Roy D. Buol, Mayor 17. Kunkel & Associates, Inc. Contract
Attest: Kevin S. Firnstahl, City Clerk Amendment #1 with the lowa Economic De-
velopment Department (IEDA: City Manager
16. Civil Service Commission - Certified recommending approval of a resolution author-
Lists: Civil Service Commission submitting the izing a first amendment to a contract with the
Certified Lists for the positions of Utility Worker lowa Economic Development Authority (IEDA)
and Mechanic. Upon motion the documents for High Quality Jobs Program Financial Assis-
were received, filed and made a Matter of tance benefits on behalf of Kunkel & Associ-
Record. ates, Inc., that extends the periods for job cre-
ation and maintenance. Upon motion the doc-
November 21, 2017 uments were received and filed and Resolution
Honorable Mayor and No. 387-17 Approving a First Amendment to
Members of the City Council the Economic Development Financial Assis-
In accordance with Chapter 400 of the tance Contract by and among Kunkel & Asso-
Code of lowa, an entrance examination for the ciates, Inc., the City of Dubuque and the lowa
position of Utility Worker was administered on Department of Economic Development was
October 19, 2017. We hereby certify that the adopted.
individuals listed below have passed this writ-
ten examination and the vacancy for this posi- RESOLUTION NO. 387-17
tion should be made from this list and that this APPROVING A FIRST AMENDMENT TO
list is good for one (1) year from above date. THE ECONOMIC DEVELOPMENT FINAN-
CIAL ASSISTANCE CONTRACT BY AND
Utility Worker AMONG KUNKEL & ASSOCIATES, INC.,
1. Keenan Steil, 2. Nick Connolly, 3. Jered THE CITY OF DUBUQUE, AND THE IOWA
Welter, 4. Joseph Pfeiler, 5. Nicholas DEPARTMENT OF ECONOMIC DEVELOP-
McLaughlin, 6. Jeffrey Hall, 7. Christopher MENT
Tigges, 8. Steven Pfeiffer, 9. James Healey, Whereas, Kunkel & Associates, Inc. (Kun-
10. John Kirk, 11. Marc Moore, 12. Derrick kel) and the City of Dubuque (City) entered
Dean, 13. Jacob Freund, 14. Justin Licht, 15. into an Economic Development Financial As-
Austin Moyer, 16. Patrick Rubie, 17. Darrin sistance Contract (the Contract) with the lowa
Homb, 18. Tim Lawler, 19. David Sowle, 20. Economic Development Authority (IEDA) for
Matthew Uthe the expansion of Kunkel's operations in Dubu-
Respectfully submitted, que, lowa; and
/s/Dan White, Chairman Whereas, Kunkel has requested an exten-
Civil Service Commission sion of the Project Completion Date in the
Contract from October 31, 2017 to October 31,
November 21, 2017 2018 in a First Amendment; and
Honorable Mayor and Whereas, the IEDA Board approved an ex-
Members of the City Council tension of the Project Completion Date from
In accordance with Chapter 400 of the Odober 31, 2017 to Odober 31, 2018 and the
Code of lowa, an entrance examination for the maintenance Period Completion Date from
position of Mechanic was administered on October 31, 2019 to October 31, 2020; and
October 17, 2017. We hereby certify that the Whereas, the parties now desire to amend
individuals listed below have passed this writ- the Contract as set forth in the attached Con-
ten examination and the vacancy for this posi- tract Amendment.
tion should be made from this list and that this NOW, THEREFORE, BE IT RESOLVED
list is good for one (1) year from above date. BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Mechanic Section 1. The Contract Amendment is
1. Ryan Hoffmann, 2. Melvin Christensen, 3. hereby approved.
Darren Steil, 4. Jered Welter, 5. Robert Nel- Sedion 2. The Mayor is hereby authorized
son, 6. Robert Hall, 7. David Nauman, 8. and directed to execute, and the City Manager
Christopher Tigges, 9. Scott Merfeld, is hereby directed to submit the Contract
Amendment to the lowa Economic Develop-
ment Authority together with such other docu-
ments as may be required.
Book 147 Regular Session, December 18, 2017 468
Passed, approved, and adopted this 18t° Upon motion the documents were received
day of December 2017. and filed and Resolution No. 389-17 Approving
Roy D. Buol, Mayor the First Amendment to the Development
Attest: Kevin S. Firnstahl, City Clerk Agreement between the City of Dubuque, lowa
and Giese Manufacturing Company, Inc. was
18. lowa Department of Transportation - adopted.
Local Detour Agreement for Southwest Arterial
Interchange Bridge Over US Highway 20: City RESOLUTION NO. 389-17
Manager recommending authorization for the APPROVING THE FIRST AMENDMENT TO
Mayor to execute an agreement with the lowa THE DEVELOPMENT AGREEMENT BE-
Department of Transportation for the use of TWEEN THE CITY OF DUBUQUE, IOWA
local roads as an authorized detour route for AND GIESE MANUFACTURING COMPANY,
the Southwest Arterial Overpass Interchange INC.
Bridge Over US Highway 20 Projed. Upon Whereas the City of Dubuque, lowa (City)
motion the documents were received and filed and Giese Manufacturing Company, Inc. (De-
and Resolution No. 388-17 Approving the lowa veloper) entered into a Development Agree-
Department of Transportation Agreement for ment dated for reference purposes the 17�n
use of local agency roads as detours for the day of July 2006 for the expansion of the
Southwest Arterial Overpass Bridge over US property at 7025 Chavenelle Road; and
Highway 20 was adopted. Whereas City and Developer now desire to
amend the Development Agreement as set
RESOLUTION NO. 388-17 forth in the First Amendment to Development
APPROVING THE IOWA DEPARTMENT OF Agreementattached hereto.
TRANSPORTATION AGREEMENT FOR USE NOW, THEREFORE, BE IT RESOLVED
OF LOCAL AGENCY ROADS AS DETOURS BY THE CITY COUNCIL OF THE CITY OF
FOR THE SOUTHWEST ARTERIAL OVER- DUBUQUE, IOWA:
PASS BRIDGE OVER US HIGHWAY 20 Sedion 1. The City Council hereby ap-
Whereas, the lowa Department of Trans- proves the First Amendment to Development
portation is proceeding with the Southwest Agreement.
Arterial Overpass Bridge Over US Highway 20; Sedion 2. The Mayor is authorized and di-
and rected to sign the First Amendment to Devel-
Whereas, eastbound lanes of US Highway opment Agreement on behalf of the City of
20 may be closed from 10:00 p.m. until 5:00 Dubuque.
a.m. with North Cascade Road serving as a Passed, approved and adopted this 18�n
detour route for eastbound traffic; and day of December 2017.
Whereas, nighttime closures of US 20 will Roy D. Buol, Mayor
only be allowed during non-peak hours, Sun- Attest: Kevin S. Firnstahl, City Clerk
day night through Friday morning.
NOW THEREFORE, BE IT RESOLVED 20. Grandview Avenue and Loras Boule-
BY THE CITY COUNCIL OF THE CITY vard Traffic Signal Reconstruction Projed Ac-
OF DUBUQUE, IOWA: ceptance: City Manager recommending ac-
Section 1. That said Agreement for Use of ceptance of the public improvement for the
Local Agency Roads with the lowa Department Grandview Avenue & Loras Boulevard Inter-
of Transportation is hereby approved for the section Improvement Project as completed by
Southwest Arterial Overpass Bridge Over US Portzen Construction, Co. Upon motion the
Highway 20. documents were received and filed and Reso-
Section 2. That the Mayor be authorized lution No. 390-17 Accepting the Grandview
and directed to execute two copies of said Avenue & Loras Boulevard Intersection Im-
Agreement for Use of Local Agency Roads provement Project and authorizing the pay-
with the lowa Department of Transportation for ment of the contract amount to the contractor
the Southwest Arterial Overpass Bridge Over was adopted.
US Highway 20.
Passed, approved and adopted this 18t° RESOLUTION NO. 390-17
day of December 2017. ACCEPTING THE GRANDVIEW AVENUE 8.
Roy D. Buol, Mayor LORAS BOULEVARD INTERSECTION IM-
Attest: Kevin S. Firnstahl, City Clerk PROVEMENT PROJECT AND AUTHORIZ-
ING THE PAYMENT OF THE CONTRACT
19. Giese Manufacturing Company, Inc. - AMOUNT TO THE CONTRACTOR
1�� Amendment to Development Agreement: Whereas, the Public Improvement Contract
City Manager recommending approval of the for the Grandview Avenue & Loras Boulevard
1�� Amendment to the Giese Manufacturing Intersection Improvement Project (the Project)
Company, Inc. Development Agreement that has been completed and the City Engineer has
corrects the termination date to July 1, 2019. examined the wnrk and filed a certificate stat-
Book 147 Regular Session, December 18, 2017 469
ing that the Project has been completed ac- Project 2016 (the Project) has been completed
cording to the terms of the Public Improvement and the City Engineer has examined the work
Contract and that the City Engineer recom- and filed a certificate stating that the Project
mends that the Project be accepted; and has been completed according to the terms of
NOW THEREFORE, BE IT RESOLVED the Public Improvement Contract and that the
BY THE CITY COUNCIL OF THE CITY OF City Engineer recommends that the Project be
DUBUQUE, IOWA: accepted.
Section 1. The recommendation of the City NOW THEREFORE, BE IT RESOLVED
Engineer is approved, and the Projed is here- BY THE CITY COUNCIL OF THE CITY OF
by accepted. DUBUQUE, IOWA:
Section 2. The Finance Director is hereby Section 1. The recommendation of the City
directed to pay to the Contractor from the Engineer is approved, and the Project is here-
Grandview Avenue & Loras Boulevard Inter- by accepted.
section Improvement Project capital improve- Section 2. The Finance Director is hereby
ment appropriation for the contract amount of directed to pay to the Contractor from the Air-
$322,047.632 less any retained percentage port Asphalt Repair capital improvement ap-
provided for therein as provided in lowa Code propriation for the contract amount of
chapter 573, and to pay such retainage only in $106,606.43 less any retained percentage
accordance with the provisions of lowa Code provided for therein as provided in lowa Code
chapter 573. chapter 573, and to pay such retainage only in
Passed, adopted and approved this 18t° accordance with the provisions of lowa Code
day of December 2017. chapter 573.
Roy D. Buol, Mayor Passed, approved and adopted this 18�n
Attest: Kevin S. Firnstahl, City Clerk day of December 2017.
Roy D. Buol, Mayor
CITY ENGINEER'S CERTIFICATE OF FINAL Attest: Kevin S. Firnstahl, City Clerk
COMPLETION OF THE GRANDVIEW AVE-
NUE 8. LORAS BOULEVARD INTERSEC- CITY ENGINEER'S CERTIFICATE OF FINAL
TION IMPROVEMENT PROJECT COMPLETION OF THE DUBUQUE AIRPORT
The undersigned City Engineer of the City PARKING LOT REPAIR PROJECT 2016
of Dubuque, lowa, hereby certifies that he has The undersigned City Engineer of the City
inspected the Grandview Avenue & Loras of Dubuque, lowa, hereby certifies that he has
Boulevard Intersection Improvement Project, inspected the Dubuque Airport Parking Lot
and that said Project has been performed in Repair Project 2016, and that said Project has
compliance with the terms of the Public Im- been performed in compliance with the terms
provement Contract, and that the total cost of of the Public Improvement Contract, and that
the completed work is$370,354.42. the total cost of the completed wnrk is
Dated this 12t°day of December 2017. $122,284.00.
/s/Gus Psihoyos, City Engineer Dated this 12t°day of December 2017.
Filed in the office of the City Clerk on the 13t° /s/Gus Psihoyos, City Engineer
day of December 2017. Filed in the office of the City Clerk on the 13�n
/s/Kevin S. Firnstahl, City Clerk day of December 2017.
/s/Kevin S. Firnstahl, City Clerk
21. Airport Parking Lot Project 2016 Ac-
ceptance: City Manager recommending ac- 22. Asphalt Overlay Access Ramp Project
ceptance of the public improvement for the Three Acceptance: City Manager recommend-
Dubuque Airport Parking Lot Repair Project ing acceptance of the construction contrad for
2016 as completed by Tom Kueter Construc- the 2017 Asphalt Overlay Access Ramp Pro-
tion Co. Upon motion the documents were ject Three as completed by Midwest Concrete,
received and filed and Resolution No. 391-17 Inc. Upon motion the documents were re-
Accepting the Dubuque Airport Parking Lot ceived and filed and Resolution No. 392-17
Repair Project 2016 and authorizing the pay- Accepting the 2017 Asphalt Overlay Access
ment of the contract amount to the contractor Ramps Project Three and authorizing the
was adopted. payment of the contract amount to the contrac-
tor was adopted.
RESOLUTION NO. 391-17
ACCEPTING THE DUBUQUE AIRPORT RESOLUTION NO. 392-17
PARKING LOT REPAIR PROJECT 2016 ACCEPTING THE 2017 ASPHALT OVERLAY
AND AUTHORIZING THE PAYMENT OF THE ACCESS RAMPS PROJECT THREE AND
CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Public Improvement Contract
for the Dubuque Airport Parking Lot Repair
Book 147 Regular Session, December 18, 2017 470
AUTHORIZING THE PAYMENT OF THE ACCEPTING THE 2017 ASPHALT OVERLAY
CONTRACT AMOUNT TO THE CONTRAC- ACCESS RAMPS PROJECT FOUR AND
TOR AUTHORIZING THE PAYMENT OF THE
Whereas, the Public Improvement Contract CONTRACT AMOUNT TO THE CONTRAC-
for the 2017 Asphalt Overlay Access Ramps TOR
Project Three (the Project) has been complet- Whereas, the Public Improvement Contract
ed and the City Engineer has examined the forthe 2017 Asphalt Overlay Access Ramps
work and filed a certificate stating that the Pro- Project Four (the Project) has been completed
ject has been completed according to the and the City Engineer has examined the work
terms of the Public Improvement Contract and and filed a certificate stating that the Project
that the City Engineer recommends that the has been completed according to the terms of
Project be accepted. the Public Improvement Contract and that the
NOW THEREFORE, BE IT RESOLVED City Engineer recommends that the Project be
BY THE CITY COUNCIL OF THE CITY OF accepted; and
DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED
Section 1. The recommendation of the City BY THE CITY COUNCIL OF THE CITY OF
Engineer is approved and the Projed is hereby DUBUQUE, IOWA:
accepted. Section 1. The recommendation of the City
Sedion 2. The Finance Diredor is hereby Engineer is approved and the Projed is hereby
directed to pay to the Contractor from the Curb accepted.
Ramp Program appropriations and the signal Section 2. The Finance Director is hereby
intersection reconstruct appropriations for the directed to pay to the Contractor from the Curb
contract amount of $89,047.25, less any re- Ramp Program appropriations for the contract
tained percentage provided for therein as pro- amount of $93,737.26, less any retained per-
vided in lowa Code chapter 573, and to pay centage provided for therein as provided in
such retainage only in accordance with the lowa Code chapter 573, and to pay such re-
provisions of lowa Code chapter 573. tainage only in accordance with the provisions
Passed, approved and adopted this 18t° of lowa Code chapter 573.
day of December 2017. Passed, approved and adopted this 18�n
Roy D. Buol, Mayor day of December 2017.
Attest: Kevin S. Firnstahl, City Clerk Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE 2017 ASPHALT CITY ENGINEER'S CERTIFICATE OF FINAL
OVERLAY ACCESS RAMPS PROJECT COMPLETION OF THE 2017 ASPHALT
THREE OVERLAY ACCESS RAMPS PROJECT
The undersigned City Engineer of the City FOUR
of Dubuque, lowa, hereby certifies that he has The undersigned City Engineer of the City
inspected the 2017 Asphalt Overlay Access of Dubuque, lowa, hereby certifies that he has
Ramps Project Three, that the Project has inspected the 2017 Asphalt Overlay Access
been performed in compliance with the terms Ramps Project Four, that the Project has been
of the Public Improvement Contract, and that performed in compliance with the terms of the
the total cost of the completed wnrk is Public Improvement Contract, and that the
$103,812.12. total cost of the completed work is$99,270.03.
Dated this 12t°day of December 2017. Dated this 12�°day of December 2017.
/s/Gus Psihoyos, City Engineer /s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 13t° Filed in the office of the City Clerk on the 13�n
day of December 2017. day of December 2017.
/s/Kevin Firnstahl, City Clerk /s/Kevin Firnstahl, City Clerk
23. Asphalt Overlay Access Ramp Project 24. Lower Bee Branch Creek Floating Is-
Four Acceptance: City Manager recommend- land Project Acceptance: City Manager rec-
ing acceptance of the construction contract for ommending acceptance of the construction
the 2017 Asphalt Overlay Access Ramp Pro- contract for the Lower Bee Branch Creek
ject Four as completed by Midwest Concrete, Floating Island Project as completed by EN-
Inc. Upon motion the documents were re- CAP, Inc. Upon motion the documents were
ceived and filed and Resolution No. 394-17 received and filed and Resolution No. 395-17
Accepting the 2017 Asphalt Overlay Access Accepting the Lower Bee Branch Creek Float-
Ramps Project Four and authorizing the pay- ing Island Project and authorizing the payment
ment of the contract amount to the contractor of the contract amount to the contractor was
was adopted. adopted.
RESOLUTION NO. 395-17
RESOLUTION NO. 394-17 ACCEPTING THE LOWER BEE BRANCH
Book 147 Regular Session, December 18, 2017 471
CREEK FLOATING ISLAND PROJECT AND ESTATE OWNED BY LAWRENCE G. AND
AUTHORIZING THE PAYMENT OF THE DEBRA J. LYONS, IN THE CITY OF DUBU-
CONTRACT AMOUNT TO THE CONTRAC- QUE
TOR Whereas, the City of Dubuque intends to
Whereas, the Public Improvement Contract acquire certain real estate as necessary for the
for the Lower Bee Branch Creek Floating Is- Villa Street Drainage Improvements Project,
land Project (the Project) has been completed which includes installation of a new transverse
and the City Engineer has examined the work storm sewer gate and storm sewer to alleviate
and filed a certificate stating that the Project street drainage issues in the 500 block of Villa
has been completed according to the terms of Street; and
the Public Improvement Contract and that the Whereas, Lawrence and Debra Lyons (the
City Engineer recommends that the Project be Owners) of this certain real estate have volun-
accepted. tarily agreed to sell to the City of Dubuque the
NOW THEREFORE, BE IT RESOLVED certain real estate legally described as follows
BY THE CITY COUNCIL OF THE CITY OF (the Property):
DUBUQUE, IOWA: Lot 2-28 Oak Grove Addition in the City
Section 1. The recommendation of the City of Dubuque, lowa; and
Engineer is approved, and the Project is here- Whereas, the proposed storm sewer im-
by accepted. provements in the Valley street area are locat-
Sedion 2. The Finance Diredor is hereby ed partially over the Valley Street and adjacent
directed to pay to the Contractor from the Bee alley right of way, and partially over property
Branch Creek Restoration Project appropria- owned by the Owners; and
tion for the contract amount of $176,045.00 Whereas, if the property is not acquired,
less any retained percentage provided for the project will need to be redesigned and the
therein as provided in lowa Code chapter 573, construction costs for an alternate route will be
and to pay such retainage only in accordance greater; and
with the provisions of lowa Code chapter 573. Whereas, a purchase agreement has been
Passed, approved and adopted this 18t° finalized with the Owners of the real estate
day of December 2017. scheduled for acquisition; and
Roy D. Buol, Mayor Whereas, it is in the best interest of the
Attest: Kevin S. Firnstahl, City Clerk City to acquire the Property, subject to review
of the updated abstract and title opinion by the
CITY ENGINEER'S CERTIFICATE OF FINAL City Attorney's Office.
COMPLETION OF THE LOWER BEE NOW, THEREFORE, BE IT RESOLVED
BRANCH CREEK FLOATING ISLAND PRO- BY THE CITY COUNCIL OF THE CITY OF
JECT DUBUQUE, IOWA:
The undersigned City Engineer of the City Sedion 1. That the City Council of the City
of Dubuque, lowa, hereby certifies that he has of Dubuque, lowa hereby approves the Offer
inspected the Lower Bee Branch Creek Float- to Buy Real Estate and Acceptance attached
ing Island Projed, that the Project has been hereto.
performed in compliance with the terms of the Section 2. That the City of Dubuque,
Public Improvement Contract, and that the through its City Attorney, be and is hereby
total cost of the completed work is authorized to accept a Warranty Deed from the
$210,938.71. owner, conveying the owner's interest to the
Dated this 12t°day of December, 2017. City of Dubuque, lowa for the herein described
/s/Gus Psihoyos, City Engineer real estate.
Filed in the office of the City Clerk on the 13t° Sedion 3. That the City Clerk be and is
day of December, 2017. hereby authorized and directed to cause said
/s/Kevin S. Firnstahl, City Clerk Warranty Deed to be recorded in the office of
the Dubuque County Recorder, together with a
25. Purchase of Property on Valley Street certified copy of this Resolution.
for Villa Street Drainage Improvements: City Passed, approved and adopted this 18�n
Manager recommending approval to purchase day of December 2017.
real estate on Valley Street from Larry and Roy D. Buol, Mayor
Debra Lyons that will be used as part of the Attest: Kevin S. Firnstahl, City Clerk
Villa Street Drainage Improvements Project. 26. Q Casino Requestfor Funding Projects
Upon motion the documents were received from Depreciation and Improvement Fund: City
and filed and Resolution No. 396-17 Approving Manager recommending approval of a request
the acquisition of real estate owned by Law- from Dubuque Racing Association President
rence G. and Debra J. Lyon in the City of
Dubuque was adopted.
RESOLUTION NO. 396-17
APPROVING THE ACQUISITION OF REAL
Book 147 Regular Session, December 18, 2017 472
JesGs M. Aviles for funding three repair pro- bonds and otherwise complied with the re-
jects from the Depreciation and Improvement quirements of the Code of Ordinances.
Fund. Upon motion the documents were re- NOW, THEREFORE, BE IT RESOLVED
ceived,filed and approved. BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
27. Public, Educational, and Government Section 1. The City Clerk is hereby author-
(PEG) Capital Grant 6cpenditure Request: ized and direded to cause to be issued the
City Manager recommending approval of the noted permit types to the following applicants
Cable TV Commission's request for funding pending submission of the locally required
from the Public, Educational, and Government documentation:
(PEG) Capital Grant for Access Equipment Renewals
and Facilities for Loras College to purchase Brazen Open Kitchen Bar, 955 Washington St.
newsroom integration software. Upon motion Suite 101, Class C Liquor (Catering) (Sun-
the documents were received, filed and ap- day)
proved. Breezer's Pub Company, 600 Central Ave.,
Class C Liquor
28. Signed Contracts: U.S. Department of Dubuque Golf & Country Club, 1800 Randall
Commerce - Economic Development Admin- PI., Class C Liquor, Class B Wine (Outdoor)
istration Amendment to Financial Assistance (Sunday)
Award for the Upper Bee Branch Creek Resto- Holiday Inn Dubuque Five Flags, 450 Main St.,
ration Projed - Channel, Streets & Utilities Class B Liquor(Sunday)
Project. Upon motion the documents were Hy-Vee #2, 2395 NW Arterial, Class E Liquor,
received and filed. Class B Wine, Class C Beer(Sunday)
Instant Replay, 1602 Central Ave., Class C
29. Improvement Contracts/ Performance, Liquor(Living Qtrs.) (Sunday)
Payment and Maintenance Bonds: Connolly Kwik Stop Food Mart, 2320 Gateway Dr.,
Construdion, Inc. for the Derby Grange Road Class C Beer, Class B Native Wine (Sunday)
Sanitary Sewer 6ctension Project. Upon mo- Steve's Ace Home & Garden, 3350 J.F. Ken-
tion the documents were received, filed and nedy Rd., Class B Native Wine (Sunday)
approved. The Moracco, 1381 Rockdale Rd., Class C
Liquor(Sunday)
30. Alcohol and Tobacco License Applica- United Automobile Workers, Local #94, 3450
tions: City Manager recommending approval of Central Ave., Class B Beer, Class B Native
annual liquor, beer, wine and tobacco license Wine (Sunday)
applications as submitted. Upon motion the New License Privileae
documents were received and filed and Reso- Big 10 Mart, 2100 J.F. Kennedy Rd., Class E
lution No. 397-17 Approving applications for Liquor, Class B Wine, Class C Beer (Sun-
beer, liquor, and/or wine permits, as required day)
by City of Dubuque Code of Ordinances Title 4 Passed, approved and adopted this 18�n
Business and License Regulations, Chapter 2 day of December 2017.
Liquor Control, Article B Liquor, Beer and Wine Roy D. Buol, Mayor
Licenses and Permits; and Resolution No. Attest: Kevin S. Firnstahl, City Clerk
398-17 Approving applications for retail ciga-
rette/tobacco sales/nicotine/vapor permits, as RESOLUTION NO. 398-17
required by lowa Code Chapter 453A.47A APPROVING APPLICATIONS FOR RETAIL
were adopted. CIGARETTE I TOBACCO SALES I NICO-
TINE/VAPOR PERMITS, AS REQUIRED BY
RESOLUTION NO. 397-17 IOWA CODE 453A.47A
APPROVING APPLICATIONS FOR BEER, Whereas, applications for Ciga-
LIQUOR, AND/OR WINE PERMITS, AS RE- rette/Tobacco Sales have been submitted and
QUIRED BY CITY OF DUBUQUE CODE OF filed with the City Council for approval and the
ORDINANCES TITLE 4 BUSINESS AND LI- same have been examined and approved; and
CENSE REGULATIONS, CHAPTER 2 LIQ- Whereas, the premises to be occupied by
UOR CONTROL, ARTICLE B LIQUOR, such applicants were inspected and found to
BEER AND WINE LICENSES AND PERMITS comply with the Ordinances of the City and the
Whereas, applications for Beer, Liquor, applicants have filed the proper fees and oth-
and or Wine Permits have been submitted and erwise complied with the requirements of the
filed with the City Council for approval and the Code of Ordinances.
same have been examined and approved; and NOW, THEREFORE, BE IT RESOLVED
Whereas, the premises to be occupied by BY THE CITY COUNCIL OF THE CITY OF
such applicants were inspected and found to DUBUQUE, IOWA:
comply with the Ordinances of the City and the Section 1. The City Clerk is hereby author-
applicants have filed the proper fees and ized and direded to cause to be issued the
Book 147 Regular Session, December 18, 2017 473
following named applicants and locations for Space Lease Agreement.
cigarette/tobacco sales permit. NOW, THEREFORE, BE IT RESOLVED
Business Name, Business Location BY THE CITY COUNCIL OF THE CITY OF
Yesway#1139, 2175 Central Ave. DUBUQUE, IOWA:
Passed, approved and adopted this 18th Sedion 1. The City of Dubuque intends to
day of December, 2017. dispose of its interest in the foregoing de-
Roy D. Buol, Mayor scribed real property by Water Tower &
Attest: Kevin S. Firnstahl, City Clerk Ground Space Lease Agreement between City
and Southwestco Wireless Inc. d/b/a Verizon
ITEMS SET FOR PUBLIC HEARING Wireless.
Sedion 2. The City Clerk is hereby author-
Motion by Lynch to receive and file the ized and direded to cause this Resolution and
documents, adopt the resolutions, set the pub- a notice to be published as prescribed by lowa
lic hearings as indicated, and dired the City Code Section 364.7 of a public hearing on the
Clerk to publish notice as prescribed by law. City's intent to dispose of the foregoing de-
Seconded by Connors. Motion carried 7-0. scribed real property, to be held on the 16�n
day of January 2018, at 6:00 o'clock p.m. at
1. Master Lease Agreement with South- the Historic Federal Building, Council Cham-
westco Wireless Inc. d/b/a Verizon Wireless: bers, 350 W. 6t°Street, Dubuque, lowa.
City Manager recommending that a public Passed, approved and adopted this 18�n
hearing be set for January 16, 2018, on a pro- day of December, 2017.
posed Water Tower and Ground Space Lease Roy D. Buol, Mayor
for Verizon to expand their capacity at the 3rd Attest: Kevin S. Firnstahl, City Clerk
Street Water Tower at 3rd and College
Streets. Upon motion Resolution No. 399-17 BOARDS/COMMISSIONS
Intent to dispose of an interest in real property
owned by the City of Dubuque by lease be- Appointments were made to the following
tween the City of Dubuque, lowa and South- boards/commissions.
westco Wireless, Inc. d/b/a Verizon Wireless
was adopted setting a public hearing for a 1. Community Development Advisory
meeting to commence at 6:00 p.m. on January Commission: One, 3-year term through Febru-
16, 2018 in the Historic Federal Building. ary 15, 2020 (Vacant Low- to Moderate-
Income term of Blok). Applicant: Gerald Ham-
RESOLUTION NO. 399-17 mel, Jr., 1225 '/� Rhomberg Ave. Motion by
INTENT TO DISPOSE OF AN INTEREST IN Lynch to appoint Mr. Hamel to the remainder
REAL PROPERTY OWNED BY THE CITY OF of a 3-year term through February 15, 2020.
DUBUQUE BY LEASE BETWEEN THE CITY Seconded by Connors. Motion carried 7-0.
OF DUBUQUE, IOWA AND SOUTHWESTCO
WIRELESS INC. D/B/A VERIZON WIRELESS 2. Historic Preservation Commission: One,
Whereas, the City of Dubuque, lowa (City) 3-year term through July 1, 2018 (Vacant At-
owns the real property legally described as Large term of Terry). Applicant: Kayla Morri-
follows: son, 2175 Clarke Dr. (Qualifies as At-Large).
Lots 21, 22 and 23, Finley Home Addi- Motion by Lynch to appoint Ms. Morrison to the
tion to the City of Dubuque, Dubuque remainder of a 3-year term through July 1,
County, lowa; and 2018. Seconded by Connors. Motion carried 7-
Lot 2 in Finley Home Addition No. 2, in 0.
the City of Dubuque, Dubuque County,
lowa 3. Housing Board of Appeals: Two, 3-year
(the Property), locally known as 1525 terms through January 11, 2021 (Expiring
West Third Street, Dubuque, lowa; and terms of Gotr and Lammer-Heindel). Appli-
Whereas, City and Southwestco Wireless cants: Mary Gotr, 1844 Bennett St.; Christoffer
Inc. d/b/a Verizon Wireless have negotiated a Lammer-Heindel, 1145 Mt. Pleasant St. (Addi-
proposed Water Tower & Ground Space tional applicant). Motion by Lynch to appoint
Lease Agreement for the Property, a copy of Ms. Gotz and Mr. Lammer-Heindel to 3-year
which Water Tower & Ground Space Lease terms through January 11, 2021. Seconded by
Agreement is on file at the office of the City Connors. Motion carried 7-0.
Clerk, City Hall, 13t° and Central Avenue,
Dubuque, lowa, for the installation and opera- 4. Human Rights Commission: Three, 3-
tion of a cellular radio-telephone communica- year terms through January 1, 2021 (6cpiring
tion antenna facility; and terms of Allen, Davis, Borovic). Applicants:
Whereas, the City Council believes it is in Anthony Allen, Address verified within corpo-
the best interests of the City of Dubuque to rate city limits; Nicole Borovic, 3163 Hillcrest
approve the proposed Water Tower & Ground Rd.; Frederick Davis Jr., 176 Alpine St. #5;
Book 147 Regular Session, December 18, 2017 474
and Ashley Melchert, 1265 Thomas PI. Upon and Lot 2 of Hurst Addition, in the City of
roll-call vote: Allen = 7 (Connors, Buol, Jones, Dubuque, lowa, recorded on February 20,
Del Toro, Rios, Resnick, Lynch); Borovic = 7 2015 as Instrument No. 2015-1838 in the rec-
(Connors, Buol, Jones, Del Toro, Rios, Res- ords of the Dubuque County Recorder, be
nick, Lynch); Davis = 1 (Rios); Melchert = 6 hereby vacated.
(Connors, Buol, Jones, Del Toro, Resnick, Section 2. That the property lying within the
Lynch); Mr. Allen, Ms. Borovic, and Ms. Plat of Survey of Lot 1 and Lot 2 of Hurst Addi-
Melchert were appointed to 3-year terms tion, in the City of Dubuque, lowa, be hereafter
through January 1, 2021. known by its previous legal description, name-
ly Lot 31, Lot 32, Lot 33, Lot 34, Lot 35, and
5. Mediacom Charitable Foundation: One, Lot 36 of O'Neill's Addition in the City of Dubu-
1-year term through December 31, 2018 (6c- que, lowa.
piring term of Chavenelle). Applicant: Gail Section 3. That the City Clerk be and is
Chavenelle, 1155 Kelly Ln. Motion by Lynch to hereby authorized and directed to file a certi-
appoint Ms. Chavenelle to a 1-year term fied copy of this resolution in the office of the
through December 31, 2018. Seconded by Recorder in and for Dubuque County, lowa.
Connors. Motion carried 7-0. Passed, approved and adopted this 18�n
day of December 2017.
PUBLIC HEARINGS Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
1. Vacation of Plat of Survey of Hurst Addi-
tion (Lots 1 & 2): Proof of publication on notice ACTION ITEMS
of public hearing to consider approval to va-
cate the Plat of Survey of Lot 1 and Lot 2 of 1. Greater Dubuque Development Corpo-
Hurst Addition, comprised of Lot 31 through ration - Quarterly Report: President and CEO
Lot 36 of O'Neill's Addition in the City of Dubu- Rick Dickinson, 900 Jackson Street, presented
que, lowa and the City Manager recommend- the quarterly update on the activities of the
ing approval. Motion by Lynch to receive and Greater Dubuque Development Corporation.
file the documents and adopt Resolution No. Motion by Lynch to receive and file the infor-
400-17 Approving the vacation of the Plat of mation. Seconded by Connors. Motion carried
Survey of Lot 1 and Lot 2 of Hurst Addition, in 7-0. Topics included the GDDC monthly news-
the City of Dubuque, lowa, and Approving the letter that can be viewed from the GDDC
use of the former Legal description, namely: webpage or received by subscribing to the e-
Lot 31, Lot 32, Lot 33, Lot 34, Lot 35 and Lot mail list; Awards and recognition of Greater
36 of O'Neill's Addition in the City of Dubuque, Dubuque 2022 five-year plan, Opportunity
lowa. Seconded by Connors. Motion carried 7-0. Dubuque workforce solutions program,
Flexsteel new facility groundbreaking with No-
RESOLUTION NO.400-17 vember 2018 completion date; launched 2016-
APPROVING THE VACATION OF THE PLAT 2017 Info Action compilation of face-to-face
OF SURVEY OF LOT 1 AND LOT 2 OF business consultations; Human Resources
HURST ADDITION, IN THE CITY OF DUBU- Adion consultation results; Start Up Dubuque
QUE, IOWA, AND APPROVING THE USE OF partnership FY16-17 report; Cottingham &
THE FORMER LEGAL DESCRIPTION, Butler expansion; Universal Tank growth in the
NAMELY: LOT 31, LOT 32, LOT 33, LOT 34, Dubuque Industrial Center; DubuqueWorks
LOT 35 AND LOT 36 OF O'NEILL'S ADDI- Five-Year Strategy 2017-2022 and partner-
TION IN THE CITY OF DUBUQUE, IOWA ships; McFadden property site-certification as
Whereas, there has been presented to the development ready; 2017 Skills Gap Analysis
City Council of the City of Dubuque, lowa, a announcement; Launched Leadership Com-
Petition of the proprietors of the property lying mittee; broadband services expansion and
within the Plat of Survey of Lot 1 and Lot 2 of infrastructure investment; and the January 16,
Hurst Addition, in the City of Dubuque, lowa, to 2018 breakfast with broadband vendors. Mr.
vacate such plat; and Dickinson thanked outgoing Council Member
Whereas, such Petition proposes that such Joyce Connors and Kevin Lynch for their ser-
property shall hereafter be known as Lot 31, vice, sacrifices and support throughout their
Lot 32, Lot 33, Lot 34, Lot 35, and Lot 36 of terms on the City Council.
O'Neill's Addition in the City of Dubuque, lowa;
and 2. Contracted Services Agreement
Whereas, said Petition conforms to the Amendment with Travel Dubuque/Convention
laws and statutes pertaining thereto. and Visitors Bureau for Sister City Adivities:
NOW THEREFORE, BE IT RESOLVED City Manager recommending approval of an
BY THE CITY COUNCIL OF THE CITY OF amendment to the Contracted Services
DUBUQUE, IOWA: Agreement with Travel Dubuque / Convention
Sedion 1. That the Plat of Survey of Lot 1 and Visitors Bureau related to transitioning
Book 147 Regular Session, December 18, 2017 475
Sister City activities to Travel Dubuque. Motion by Jones to receive and file the documents
by Connors to receive and file the documents and that the requirement that a proposed ordi-
and adopt Resolution No. 401-17 Approving nance be considered and voted on for pas-
an Amended Agreement between the City of sage at two Council meetings prior to the
Dubuque, lowa and Dubuque Area Convention meeting at which it is to be passed be sus-
and Visitors Bureau. Seconded by Jones. City pended. Seconded by Lynch. The City Clerk
Attorney Brumwell clarified the legal name of acknowledged Council Members Connors and
the agency is still the Convention and Visitors Lynch, Sister City Commissioners (some were
Bureau it is d/b/a Travel Dubuque. present) and the Travel Dubuque staff who
were present for their support of Sister City
RESOLUTION N0.401-17 activities. Motion carried 7-0.
APPROVING AN AMENDED AGREEMENT Motion by Jones for final consideration and
BETWEEN THE CITY OF DUBUQUE, IOWA passage of Ordinance No. 46-17 Repealing
AND DUBUQUE AREA CONVENTION AND Ordinance No 59-10 which established the
VISITORS BUREAU Sister City Relationships Advisory Commis-
Whereas, in its current form as a City of sion. Seconded by Lynch. Motion carried 7-0.
Dubuque commission, the Sister City Com-
mission's actions are often restricted by gov- OFFICIAL PUBLICATION
ernmental requirements pertaining to such ORDINANCE NO.46-17
things as finances, travel, and membership REPEALING ORDINANCE NO. 59-10 WHICH
residency; and ESTABLISHED THE SISTER CITY RELA-
Whereas, over the past year, Sister City TIONSHIPS ADVISORY COMMISSION
Commission members have discussed transi- Whereas, Ordinance No. 59-10, now Title
tioning the Commission's activities to a not-for- 2, Chapter 9 of the City of Dubuque Code of
profit organization to better execute and Ordinances, established the Sister City Rela-
broaden the Commission's activities; and tionships Advisory Commission; and
Whereas, a majority of other similar Sister Whereas, in its current form as a City of
City program activities are provided by not-for- Dubuque commission, the Sister City Com-
profit organizations; and mission's actions are often restricted by gov-
Whereas, Travel Dubuque, formerly known ernmental requirements pertaining to such
as the Dubuque Area Convention and Visitors things as finances, travel, and membership
Bureau, has been identified as the appropriate residency; and
local not-for-profit organization that wnuld Whereas, over the past year, Sister City
benefit from and promote the Sister City pro- Commission members have discussed transi-
gram activities; and tioning the Commission's activities to a not-for-
Whereas, Travel Dubuque has approved profit organization to better execute and
the attached Amended Agreement between broaden the Commission's activities; and
the City of Dubuque and Travel Dubu- Whereas, a majority of other similar Sister
que/Dubuque Area Convention and Visitors City program activities are provided by not-for-
Bureau for Fiscal Year 2018, which includes profit organizations; and
Sister City Commission program activities. Whereas, Travel Dubuque, formerly known
NOW, THEREFORE, BE IT RESOLVED as the Dubuque Area Conventional Visitors
BY THE CITY COUNCIL OF THE CITY OF Bureau, has been identified as the appropriate
DUBUQUE, IOWA: local not-for-profit organization that would
Section 1. The Amended Agreement be- benefit from and promote the Sister City pro-
tween the City of Dubuque, lowa and Travel gram activities; and
Dubuque/Dubuque Area Convention Visitors Whereas, the City of Dubuque and Travel
Bureau for Fiscal Year 2018 is hereby ap- Dubuque have approved an Amended Agree-
proved. ment between the City of Dubuque and Travel
Passed, approved, and adopted the 18t° Dubuque/Dubuque Area Conventional Visitors
day of December 2017. Bureau for Fiscal Year 2018, which includes
Roy D. Buol, Mayor Sister City Commission program activities; and
Attest: Kevin S. Firnstahl, City Clerk Whereas, the City Council has approved
the Amended Agreement between the City of
3. Code of Ordinances Amendment - Title Dubuque and Travel Dubuque/Dubuque Area
2 Repealing Sister City Relationships Advisory Conventional Visitors Bureau for Fiscal Year
Commission: City Manager recommending 2018, and the Sister City Relationships Advi-
adoption of an amendment to the City of sory Commission is no longer needed.
Dubuque Code of Ordinances officially repeal- NOW, THEREFORE, BE IT ORDAINED
ing the Sister City Relationships Advisory BY THE CITY COUNCIL OF THE CITY OF
Commission contingent upon City Council ap- DUBUQUE, IOWA:
proval of an amendment to the Travel Dubu- Section 1. Ordinance No. 59-10, now Title
que Contracted Services Agreement. Motion 2, Chapter 9 of the City of Dubuque Code of
Book 147 Regular Session, December 18, 2017 476
Ordinances, is hereby repealed. tions because of age, color, creed, national
Passed, approved, and adopted the 18t° origin, race, religion, marital status, sex,
day of December 2017. physical disability, sexual orientation, famil-
/s/Roy D. Buol, Mayor ial status, or gender identity.
Attest: /s/Kevin S. Firnstahl, City Clerk B. Person authorized or licensed to do
Published in the Telegraph Herald Newspaper business in this state pursuant to chapters
on the 22od day of December 2017. 524, 533, 534, 536, or 536A of the code of
/s/Kevin S. Firnstahl, City Clerk lowa to refuse to loan or extend to persons
of similar economic backgrounds because
4. Request for Work Session - Travel of age, color, creed, national origin, race,
Dubuque / Convention and Visitors Bureau: religion, marital status, sex, physical disa-
Travel Dubuque President & CEO Keith Rahe bility, sexual orientation, familial status, or
requests City Council approval to schedule the gender identity.
annual Travel Dubuque City budget wnrk ses- C. Creditor to refuse to offer credit life
sion for Monday, February 5, 2018 at 5:30 or health and accident insurance because
p.m. Motion by Connors to receive and file the of color, creed, national origin, race, reli-
documents and schedule the wnrk session as gion, marital status, age, physical disability,
recommended providing the Council Members- sex, sexual orientation, familial status, or
Elect were available on that date. Seconded gender identity. Refusal by a creditor to of-
by Jones. Motion carried 7-0. fer credit life or health and accident insur-
ance based upon the age or physical disa-
5. Code of Ordinances Amendment - Title bility of the consumer shall not be an unfair
8 Human Rights - Unfair and Discriminatory or discriminatory practice if such denial is
Practices: City Manager recommending ap- based solely upon bona fide underwriting
proval of an ordinance which amends City of considerations not prohibited by the code
Dubuque Code of Ordinances, Sedion 83-4: of lowa or United States code.
Credit, to mirror lowa Code and include familial D. The provisions in this section shall
status as a protected class for credit discrimi- not be construed by negative implications
nation purposes. Motion by Connors to receive or otherwise to narrow or restrict any other
and file the documents and that the require- provisions of this title.
ment that a proposed ordinance be considered Section 2. This Ordinance shall take effect
and voted on for passage at hnro Council meet- upon publication.
ings prior to the meeting at which it is to be Passed, approved, and adopted this 18th
passed be suspended. Seconded by Lynch. day of December2017.
Motion carried 7-0. /s/Roy D. Buol, Mayor
Motion by Connors for final consideration Attest: /s/Kevin S. Firnstahl, City Clerk
and passage of Ordinance No. 47-17 Amend- Published officially in the Telegraph Herald
ing City of Dubuque Code of Ordinances Title newspaper on the 22od day of December 2017.
8 Human Rights, Chapter 3, Unfair and Dis- /s/Kevin S. Firnstahl, City Clerk
criminatory Practices, Section 8-3-4. Second-
ed by Lynch. Motion carried 7-0. 6. Request for Proposal - East-West Corri-
dor Preliminary Engineering Design - Profes-
OFFICIAL PUBLICATION sional Consultant Services: City Manager rec-
ORDINANCE NO.47-17 ommending approval to initiate the Request for
AMENDING CITY OF DUBUQUE CODE OF Proposals process to seek professional con-
ORDINANCES TITLE 8 HUMAN RIGHTS, sultant services to complete the Preliminary
CHAPTER 3 UNFAIR AND DISCRIMINATO- Engineering Design and NEPA/Environmental
RY PRACTICES, SECTION 8-3-4 Study Phase to advance the development of
NOW, THEREFORE, BE IT ORDAINED the East-West Corridor Capacity Improve-
BY THE CITY COUNCIL OF THE CITY OF ments along University Avenue at the intersec-
DUBUQUE, IOWA: tions at Loras Boulevard, Asbury Road, and at
Sedion 1. Sedion 83-4 of the City of Pennsylvania Avenue. Motion by Lynch to
Dubuque Code of Ordinances is hereby receive and file the documents and approve
amended to read as follows: the recommendation. Seconded by Connors.
83-4: CREDIT: Motion carried 7-0.
It shall be an unfair or discriminatory prac-
tice for any:
A. Creditor to refuse to enter into a
consumer credit transaction or impose fi-
nance charges or other terms or conditions
more onerous than those regularly extend-
ed by that creditor to consumers of similar
economic backgrounds and current situa-
Book 147 Regular Session, December 18, 2017 477
7. AECOM Technical Services, Inc.- SW Sedion 2. That the City Manager be au-
Arterial Consultant Supplemental Agreement thorized and directed to execute three copies
No. 19: City Manager recommending authori- of said Consultant Professional Services -
zation to execute a supplemental agreement Supplemental Agreement No. 19 with AECOM
with AECOM Technical Services, Inc., which Technical Services, Inc. to perform final engi-
approves revisions to the original scope of neering design to complete the 4-lane con-
services to the Consultant Professional Ser- strudion of the Southwest Arterial Projed.
vices Contract to perform final engineering Passed, approved and adopted this 18�n
design to complete the 4-lane construction of day of December 2017.
the Southwest Arterial Project, subject to the Roy D. Buol, Mayor
concurrence of the lowa Department of Trans- Attest: Kevin S. Firnstahl, City Clerk
portation. Motion by Connors to receive and
file the documents and adopt Resolution No. 8. Fiscal Year 2019 Budget and Fiscal Pol-
402-17 Approving the Consultant Professional icy Guidelines: City Manager recommending
Services - Supplemental Agreement No. 19 adoption of the Fiscal Year 2019 Budget Policy
between the City of Dubuque and AECOM Guidelines. Motion by Connors to receive and
Technical Services, Inc. to perform final engi- file the documents and approve the recom-
neering design to complete the 4-lane con- mendation. Seconded by Jones. City Manager
struction of the Southwest Arterial Project. Van Milligen provided a brief slide presentation
Seconded by Lynch. Motion carried 7-0. on the budget process, and about issues im-
pacting the Fiscal Year 2019 budget including
RESOLUTION NO.402-17 elimination of property tax backfill at the state
APPROVING THE CONSULTANT PROFES- level; evaluating the freezing, unfreezing or
SIONAL SERVICES-SUPPLEMENTAL elimination of several City positions; and debt
AGREEMENT NO. 19 BETWEEN THE CITY reduction strategy. Mr. Van Milligen responded
OF DUBUQUE AND AECOM TECHNICAL to questions from the City Council regarding
SERVICES, INC. TO PERFORM FINAL EN- utility rates that will be determined later in the
GINEERING DESIGN TO COMPLETE THE 4- budget process, increasing the City's financial
LANE CONSTRUCTION OF THE SOUTH- reserves, reflecting the percentage of debt
WEST ARTERIAL PROJECT reduction to include debt amounts that do not
Whereas, the City of Dubuque is proceed- impact the statutory debt limit, and delaying
ing with the Southwest Arterial Project, from presentation of the Policy Guidelines until Jan-
U.S. Highway 20 to U.S. Highway 61/151, in uary to help inform newly elected Council
Dubuque, lowa; and Members. Motion carried 6-1 with Rios voting
Whereas, in effort to keep the project de- nay.
velopment on schedule while preparing to in-
corporate the remaining 4-lane construction COUNCIL MEMBER REPORTS
phases should the additional funding be ap-
proved in the upcoming lowa 5-Year Transpor- Council Member Resnick suggested con-
tation Improvement Program, both the City and sidering creating a policy or procedure regard-
the lowa DOT have agreed that AECOM ing the City Council membership and repre-
should immediately proceed with completing sentation on various boards and commissions
the final engineering design for the remaining to facilitate change and learning. Council
(2) bridges and the remaining 2-lane paving; Member Connors stated that despite annual
and discussion of appointments, iYs important for
Whereas, the Consultant Professional Ser- all Council Members to step up and offer their
vices - Supplemental Agreement No. 19 in- seats to other Council Members.
cludes revisions to the original scope of ser- Outgoing Council Members Connors and
vices to reflect the remaining anticipated level Lynch thanked their families, City staff and
of effort required to complete the final engi- citizens for their support during their tenure on
neering design for the 4-lane construction of the City Council and wished Council Members-
the Southwest Arterial Project. Elect Kate Larson and Brett Shaw good luck.
NOW THEREFORE, BE IT RESOLVED Mayor Buol, on behalf of the City Council,
BY THE CITY COUNCIL OF THE CITY OF expressed his appreciation for Ms. Connors'
DUBUQUE, IOWA: and Mr. Lynch's years of service that helped
Section 1. That said Consultant Profes- make Dubuque the community it is today.
sional Services- Supplemental Agreement No.
19 between the City of Dubuque and AECOM There being no further business, upon mo-
Technical Services, Inc. to perform final engi- tion the City Council adjourned at 7:15 p.m.
neering design to complete the 4-lane con-
strudion of the Southwest Arterial Project is /s/Kevin S. Firnstahl, CMC, City Clerk
hereby approved, subject to the concurrence
of the lowa Department of Transportation.
Book 147 Regular Session, December 18, 2017 478
A
Abbott,Daniel........................................................................................................................................................49
Book 147 INDEX 479
Abstractof Votes.........................................................................................................................................522,555
Buol,Roy D......................................................................................................................................................555
Jones,Ric.........................................................................................................................................................555
Larson,Kate.....................................................................................................................................................556
McCoy,Jonathan .............................................................................................................................................555
Miller,John......................................................................................................................................................555
Oswald,Lou.....................................................................................................................................................523
Pregler,John T.........................................................................................................................................523,555
Rios,Jake.........................................................................................................................................................555
Shaw,Brett..............................................................................................................................................523,555
Waid,Damian..................................................................................................................................................556
Acceptance of Deed
ElmStreet,1146................................................................................................................................................21
Park Lot 12 in Timber-Hyrst Estates.................................................................................................................506
Acquisitions........................................................................................................................5,46,174,250,359,406
JacksonStreet Right-of-Way............................................................................................................................174
Kennedy Road Right-of-Way(Brimeyer)............................................................................................................46
Rustic Point Estates Subdivision-Kress Right-of-Way.....................................................................................405
Valentine Park Expansion—Roepsch Property................................................................................................444
Valley Street for Villa Street Drainage Improvements.....................................................................................576
Vernon and Barrington Lakes water systems..................................................................................................346
Adams,Kim,DuTrac Operations Manager...........................................................................................................253
Adobo's Mexican Grill..........................................................................................................................................339
AECOM Technical Services,Inc....................................................................................................................200,SS3
Agreements
Administrative Services-Gallagher Benefit Services,Inc..................................................................................21
Administrative Services-Preferred Health Choices........................................................................................334
Administrative Services-Self Insured Services Company(SisCo)....................................................................334
Administrative Services-Wellmark Blue Cross and Blue Shield of Iowa.................................................454,523
AECOM Technical Services,Inc.-SW Arterial Consultant Supplemental Agreement No.19...........................SS3
America's River Corporation,Contracted Services..........................................................................................272
AmeriCorps Partners in Learning.............................................................................................................272,474
Applewood IV,LLC-Storm Sewer Construction................................................................................................11
BP Pipelines,Inc.,/Southwest Arterial Project Utility Relocation...................................................................397
Community Housing Initiatives(CHI)-Amendment........................................................................................525
Continuum of Care Special Needs Assistance Program...................................................................................395
Cottingham&Butler,Inc.................................................................................................................................509
DARE................................................................................................................................................................474
Dodge Street 2620,Easement and Right-of-Way............................................................................................272
Dubuque Community School District...............................................................................................................474
Dubuque Main Street Program........................................................................................................................273
Fiber Optic Cable Facilities...............................................................................................................................395
Finley Hospital,Cancer Survivor Park Lease....................................................................................................393
FlexsteelIndustries,Inc...................................................................................................................................257
FourMounds Foundation................................................................................................................................237
lowa Department of Transportation(IADOT)...........................................................276,337,367,525,526,572
Keep lowa Beautiful Home Town Pride Program Partnership.........................................................................365
Loras College Usage Amendment......................................................................................................................94
Master Co-Location and Shared Services.........................................................................................................525
School Resource Officer(SRO).........................................................................................................................474
Southwest Arterial/US 201nterchange Overpass Bridge ...............................................................................525
State Flood Mitigation Board Funding Amendment........................................................................................353
Travel Dubuque/Convention and Visitors Bureau,Sister CityActivities........................................................550
Tri-State Occupational Health,LLC..................................................................................................................474
Upper Bee Branch Creek Restoration Project&Pump Station..........................................................................65
Utility Relocation Reimbursement with BP Pipelines(North America),Inc.......................................................45
Ahlers&Cooney Law Firm...........................................................................................................................275,4S2
Ainley Kennels Fabrication,Inc.............................................................................371,See Settlement Agreements
Airport Commission
Book 147 Regular Session, December 18, 2017 480
Applicants................................................................................................................................................449,465
AirportParking Lot Project..................................................................................................................................573
Albers,Julee,Director of Youth Impact,Community Foundation of Greater Dubuque......................................355
Aldi,Inc.tf30........................................................................................................................................................459
AleaLane.............................................................................................................................................................439
Allen,Anthony.....................................................................................................................................................555
Alliant Energy........................................................................................................................263,266,3SS,491,535
Allison-Henderson Park.......................................................................................................................................219
AlotTravel ...........................................................................................................................................................567
AlpinePark development....................................................................................................................................352
AlteredState,The................................................................................................................................................340
Alternative Services Concepts(ASC)....................................................................................................................509
AMCTheatres Dubuque 14....................................................................................................................................33
American Association of Retired People(AARP)..................................................................................................479
American Heart Association ................................................................................................................................290
AmericanLegion Post tf6.....................................................................................................................................339
Alcohol Compliance Civil Penalty.....................................................................................................................335
American Planning Association(APA)..................................................................................................................502
AmericanRealty.....................................................................................................................................................99
America's River Corporation..................................................................................................................72,272,273
AmeriCorps Partners in Learning..................................................................145,1SS,216,272,367,393,415,474
AndersonWindows.............................................................................................................................................333
AngellaStreet,595................................................................................................................................................71
Annexations..............................................................34,35,135,151,152,197,274,393,415,419,420,504,505
Right-Of-Way Along Kennedy Road and the Intersection of Derby Grange Road .............................................46
RusticPoint Area .......................................................................................................................................74,136
AnnualAudit Services............................................................................................................................................94
Applebee's Neighborhood Grill and Bar..............................................................................................................339
ApplewoodIV,LLC.................................................................................................................................................11
Aquatic Facility Evaluation Report 2016................................................................................................................66
AragonTap..................................................................................................................................................279,547
AreaResidential Care,Inc....................................................................................................................................422
Arton the River 2017...........................................................................................................................................150
Arts and Cultural AffairsAdvisory Commission
Applicants................................................................................................................................................426,450
Cross-representatives to Resilient Community Advisory Commission ..............................................................15
Funding Recommendations.............................................................................................................................425
Arts and Cultural Master Plan Community Enactment Strategy..........................................................................513
Artsand Humanities Month ................................................................................................................................453
AsburyRoad,3465...............................................................................................................................................253
AsburyRoad,4500...............................................................................................................................................129
AsphaltOverlay...........................................................................................................................................219,261
Asphalt Overlay Ramp Projects............................................................240,261,277,421,447,453,464,455,574
ASPIRE'"-The Concrete Bridge Magazine............................................................................................................41
Assessments.....................................................................................................................13,23,24,26,27,72,332
BlumBrownfields site......................................................................................................................................540
Delinquent Grass,Weed Cutting and Garbage Collection Charges.........................................................271,362
Delinquent Grass,Weed Cutting and Garbage Collection Charges 2017(Health Services).............................565
Garbage Collections-Housing and Community Development Department...................................................436
PublicSidewalk Repair.....................................................................................................................................456
SnowRemoval.................................................................................................................................................220
SRFGreen Alley..........................................................................................................................................23,542
Assignments
AT&T,Communication Systems Right-of-Way and Easement.........................................................................395
Real Estate Lease and Agreement,Dubuque Bank and Trust Company..........................................................173
Real Estate Lease and Agreement,Hodge Company.......................................................................................173
AT&T Corporation........................................................................................................................................132,39S
Atkinson,Brenda.............................................................................................................................................93,94
AtlanticBottling.....................................................................................................................................................94
Book 147 INDEX 481
Auburn Street,Residential Parking Permit District E...................................................................................476,490
Authorized Depository Institutions......................................................................................................................421
AutismAwareness Month ...................................................................................................................................190
Aviles,Jesus M.,President and CEO Dubuque Racing Association......................................................132,246,577
Avoca Street Storm Sewer Project.......................................................................................................................530
Avoca Street,Storm Sewer Project......................................................................................................................520
Awards and Recognitions
2017 Ken Kringle Historic Preservation Award................................................................................................215
2017 Walgreens HaPPY&Healthy Champion Award......................................................................................414
American Public WorksAssociation Fall Conference.......................................................................................502
APWA lowa Chapter's Stan RingAward,Public Works DirectorJohn Klostermann ........................................502
ARK Advocates Distinguished Community Service ..........................................................................................269
Bee Branch Watershed Mitigation Project Receives lowa Ready Mixed Concrete Association's Excellence in
ConcreteAwards..........................................................................................................................................517
Dubuque Main Street 2017 Best Public Improvement....................................................................................502
FortheCity of Dubuque.............................................................................................................................93,567
Friend of the Year Award,Assistant City Manager Teri Goodmann ................................................................457
Government Finance Officers Association Distinguished Budget Award,Budget Director Jennifer Larson....516
Innovator of the Year Award,Five Flags Center..............................................................................................457
International City/County Management Association (ICMA)Community SustainabilityAward,Bee Branch
Watershed Flood Mitigation Project............................................................................................................516
lowa Floodplain and Stormwater Management Association,Upper Bee Branch Creek Restoration Project..515
lowa Mission Lifeline Gold-Dubuque Fire Department..................................................................................290
LivabilityAward,Bee Branch Project...............................................................................................................3SS
Multicultural Center,2017 Dubuque LGBTQ+Community Service and AdvocacyAward...............................355
National Civic League's 2017 All America City.................................................................................................355
Public Outreach,Imagine Dubuque.................................................................................................................502
Women of Achievement,Cindy Steinhauser...................................................................................................215
AwnStop Mart,Inc........................................................................................................................................32,373
AY McDonald Park,Volunteer Dr.........................................................................................................................445
B
B&M Properties and Storage,LLC........................................................................................................................65
Backes,Marie ......................................................................................................................................................435
Backpocket BrewingTaproom.......................................................................................................................33,423
Bandy,Oakley......................................................................................................................................................555
BarkerFinancial,LLC............................................................................................................................................367
Barnum,Chris,St.Ambrose University MCJ Program Director...........................................................................390
BarnwoodLane....................................................................................................................................................405
BarrelHouse Dubuque.........................................................................................................................................530
Barrington Lakes and Vernon water systems.....................................................5,46,193,262,253,346,356,52S
Barton,Jamie.......................................................................................................................................................236
Barton,Paula,First-time homebuyer....................................................................................................................64
Baskerville,Phi1............................................................................................................................................245,2S4
Baumhover,Richard............................................................................................................................377,400,422
Baumhover,Steve........................................................................................................................................475,490
BaymontI n n&Su ites............................................................................................................................................32
BBVACompass.....................................................................................................................................................421
Beau,Jenna..........................................................................................................................................................269
Becker,Franz.........................................................................................................................................................55
BeeBranch Creek.................................................................................................................................................422
GrandOpening.........................................................................................................................................193,267
Greenway.................................................................................................................................262,356,403,502
Healthy Homes Community Development Block Grant-National Disaster Recovery Housing Projects...........424
Healthy Homes Resiliency Program..................................................................9,10,11,129,392,450,453,517
RestorationProject..................................................................................................................................175,191
Trai I..................................................................................................................................................................539
TrailProject Phase 1........................................................................................................................................539
Book 147 Regular Session, December 18, 2017 482
Watershed Flood Mitigation Project..........................................31,122,129,337,335,353,3SS,455,516,539
Watershed Safety Activity Book......................................................................................................................356
BeecherLiquor.............................................................................................................................................201,27S
Behnke,Catherine...............................................................................................................................................435
BellTower Productions........................................................................................................................................400
Beltran,Robb,Patterson Comfort and Safety.........................................................................................................6
Benson,Alec L..............................................................................................................................................414,435
Best Western Plus Dubuque Hotel/Champps Americana............................................................................32,4S9
Bettcher,Bruce&Renae.......................................................................................................................................70
Bettcher,Lesterand Susan..................................................................................................................................414
Bickel-Clark,Kristen.............................................................................................................................................135
BiennialReport....................................................................................................................................................132
Big 10 Mart....................................................................................................................................97,340,547,57S
Birch,Kaitlyn................................................................................................................................................129,149
Black Hills Energy...........................................................................................................................96,102,375,402
Blok,Robert W.................................................................................................................................................33,54
BloombergMayors Challenge..............................................................................................................................521
BlueSky,Inc.........................................................................................................................................................506
BluePathFinance FC IV LLC....................................................................................................................................17
BlumBrownfields.................................................................................................................................................539
Blum ScrapYard and Recycling Facility................................................................................................................539
Blum,Rod,Congressman.....................................................................................................................................496
Board and Brush Creative Studio.........................................................................................................................242
Boarded-Up Properties Bi-Annual Report............................................................................................................335
Boards and Commission Application Amendment..............................................................................................554
Bolds,Shirley.......................................................................................................................................................502
Bolen,Kathy,First-time home buyer.....................................................................................................................65
Boles,Dean......................................................................................................................................................15,19
Bonds
Reallocation of General Obligation Series 2012B....................................................................................224,255
Reallocation of General Obligation Series 2014B....................................................................................243,2S9
Series 2017A General Obligation.......................................................................................................................SO
Series 2017ABC General Obligation.............................................................................................51,96,142,151
Series 2017B General Obligation Urban Renewal Refunding............................................................................52
Series 2017C Taxable General Obligation Urban Renewal Refunding...............................................................S3
Sewer Utility Revenue Capital Loan Notes.......................................................................................250,345,35S
Water Revenue Capital Loan Notes.................................................................................................253,346,34S
BonsonBlock LLC.................................................................................................................................................219
Booth,Sara......................................................................................................................................................15,19
Borovic,Nicole..............................................................................................400,426,475,459,490,510,SSS,579
Boy Scouts Troops.......................................................................................................................267,534,551,566
BPFuel Station...............................................................................................................................................97,340
Alcohol Compliance Civil Penalty.....................................................................................................................175
Tobacco Compliance Civil Penalty...................................................................................................................176
BP Pipelines(North America),Inc........................................................................................................................397
Bradley,Robert and Sharon.........................................................................................................................277,45S
BrazenOpen Kitchen Bar...............................................................................................................................13,577
BRDThree,LLC.............................................................................................................................................375,402
Breezer's Pub Company.................................................................................................................................33,577
Breitbach,Linda...................................................................................................................................................414
Breitbach,Ron.....................................................................................................................................................150
BridgeRestaurant The.........................................................................................................................................547
Brimeyer,Marlene L.................................................................................................46,74,136,152,154,540,541
Brissey,Brad..........................................................................................................................................................SS
BroadviewCourt,LLC...........................................................................................................................................397
Brockett,Stacey,Shive Hattery,Inc.....................................................................................................................403
Brotherton,Doug.........................................................................................................................................449,465
Brown,Estella..............................................................................................5ee DARE EssayContestAward Winner
Brown,Shirley,Association of Fundraising Professionals Tri-State Chapter.......................................................515
Book 147 INDEX 483
Brunskill Road Bridge Reconstruction Project,lowa DOT Project No.BROS-2100(659)-S1-31.............................45
Budde,Troy M.and Theresa A. ...........................................................................................................................197
Budget
Budget and Fiscal Policy Guidelines...................................................................................................................19
Economic Development Capital Improvement Program.................................................................................475
FiscalYear 2017.........................................................................................................................................97,13S
Fiscal Year 2015................................................................................................................... SS,SS,122,445,466
FiscalYear 2019...............................................................................................................................................SS3
Buesing&Associates...........................................................................................................................................394
BuffaloWild Wings..............................................................................................................................................242
Bugalski,Richard,Dubuque Golf&Country Club General Manager/CEO...........................................................239
Building Code and AdvisoryAppeals Board
Applicants................................................................................................................................................426,450
MinutesSubmitted..................................................................................................................................125,14S
OrdinanceAmendment...................................................................................................................................353
Bunker Hill Golf Course............................................................................................................................67,94,176
Burbridge,Mark,lowa State Trooper..................................................................................................................232
Burbs,Thomas and Nancy...................................................................................................................................364
Burke,Bibi............................................................................................................................................................450
Burley,Sara....................................................................................................................................................99,134
Burnett,Colby,Chick-Fil-A Employee..................................................................................................................251
Business License Refunds
EuropaCafe of Dubuque..................................................................................................................................242
Fife's Bar..........................................................................................................................................................447
KwikStop Store tf6S.........................................................................................................................................49
RainboOil Company......................................................................................................................................49
RiverRat Vapes..................................................................................................................................................49
Butler,Andrew,President SISCO&HealthCorp..................................................................................................494
C
Cable Television Commission
Applicants................................................................................................................................................254,342
Minutes Submitted.............................................................................................40,125,192,356,434,537,566
CampAlbrecht Acres...........................................................................................................................................445
CanadianPacific Railroad.....................................................................................................................................422
CaradcoBuilding..................................................................................................................................................175
Carlos O'Kelly's Mexican Cafe..............................................................................................................................459
Carnegie-Stout Public Library Maker Space Project ............................................................................................SOS
CarriageCourt......................................................................................................................................................439
Casey's General Stores...........................................................................................................................33,279,372
Alcohol Compliance Civil Penalty.....................................................................................................................240
Tobacco Compliance Civil Penalty...................................................................................................................240
Cassill,Kevin&Melissa Daykin Cassill...................................................................................................................70
Castaneda,Mauricio,You're Welcome Here/Indivisible Dubuque....................................................................269
Castaneda,Sheila.............................................................................................................................................33,55
CatfishCharlie's...................................................................................................................................................201
CatfishCreek Watershed.............................................................................................................................235,441
Management Authority,Cross-representatives to Resilient Community Advisory Commission.......................15
CDBUtility Contractors........................................................................................................................................447
CDs4 Change.................................................................................................................................................14,279
Cedar Crest Court(PINtf 1034251031).................................................................................................................250
Cedar Crest Subdivision...................................................................................................See Vernon Water System
Cedar Lake Plaza Planned Unit Development(PUD) ...........................................................................................506
CedarTrailDrive..................................................................................................................................................291
Centers for Disease Control and Prevention........................................................................................................221
CentralAvenue,1101..........................................................................................................................................422
CentralAvenue,2256..............................................................................................................................................7
Central lowa Water Association (CI WA)......................................................................................S,31,46,179,262
Book 147 Regular Session, December 18, 2017 484
Certified Local Governments(CLG)........................................................................................................................66
ChancesR............................................................................................................................................................423
Channing,Indigo.............................................................................................................134,179,See Perry,Jessica
Chaplain Schmitt Island.................................111,173,175,230,231,245,246,247,245,249,307,409,413,567
Chapman,Kevin...........................................................................................................................................502,503
Chapman,Steve...................................................................................................................................................135
Chavenelle,Gail...........................................................................................................................................555,579
Chicago Central and Canadian Pacific Railroad Company....................................................................141,211,295
Chicago,Central and Pacific Railroad..................................................................................................................104
Childhood Lead Poisoning Prevention Program ..........................................................................................221,4S5
ChipotleMexican Grill .........................................................................................................................................476
Alcohol Compliance Civil Penalty.....................................................................................................................277
Chopper's.............................................................................................................................................................133
Christ,Martha..............................................................................................................................................254,343
Circles�USA Contract..........................................................................................................................................196
City Council Compensation Task Force
MinutesSubmitted..........................................................................................................................................391
Recommendation............................................................................................................................................407
SalaryReview...................................................................................................................................................214
CityFocus.............................................................................................................................................................567
City Hall HVAC Upgrade Project...........................................................................................................................235
Cityof Asbury......................................................................................................................................................524
City of Dubuque Housing Choice Voucher Program..............................................................................................43
Civic Center Advisory Commission
Minutes Submitted.....................................................................................................66,192,270,434,502,566
Civil Service Commission
Applicants................................................................................................................................179,203,245,2S4
Certified Lists..............................................................................42,131,195,270,334,435,457,522,554,570
Minutes Submitted.........................................................................6,40,145,236,333,391,434,453,516,553
Veteran's preference process............................................................................................................................55
Clark,Kristin.................................................................................................................................................136,1S0
ClarkeUniversity..........................................................................................................................................176,219
Clausen,Cathleen................................................................................................................................................270
Clefisch,Craig,Alliant Energy KeyAccount Manager..................................................................................491,535
Clements,Margaret,Loras College Honor Project..............................................................................................219
ClubRise..............................................................................................................................................................510
ClubRondavoo.......................................................................................................................................................72
Clubhouse,The......................................................................................................................................................72
Coates Property,13102 Derby Grange Road.......................................................................256,See Condemnation
Coates,Douglas and Eileen..............................227,256,416,See Sanitary Sewer Extension Easement Agreement
COBRAAdministration of the Medical and Dental Plans................334,See Self Insured Services Company(SisCo)
Coca-Cola...................................................................................................................................5ee Atlantic Bottling
CodeRED Emergency Notification System...........................................................................................................392
Cogan,Dawn,St.Mark Enrichment Executive Director.......................................................................................355
CohenEsrey.........................................................................................................................................................175
Collective Bargaining Agreements
Dubuque Professional Firefighters Association Local tf25.................................................................................63
Grade4 Water Plant Operator........................................................................................................................270
International Union of Operating Engineers Local tf234....................................................................60,270,475
Teamsters Local Union No.120...................................................................................................................60,94
BusOperators................................................................................................................................................60
Collins,Ronald.............................................................................................................................................254,342
Community Development Advisory Commission................................................................................................422
Applicants...............................................................................33,54,99,134,179,203,400,422,426,SSS,579
Cross-representatives to Resilient CommunityAdvisory Commission ..............................................................15
Minutes Submitted.............................................................................................................66,125,215,356,392
Community Development Block Grant(CDBG)
Annual Adion Plan ..............................................................................................................44,50,64,174,415
Disaster Recovery-National Disaster Resiliency funds.............................................................................31,337
Book 147 INDEX 485
Entitlement Activities Environmental Review..................................................................................................459
FourMounds HEART program.........................................................................................................................415
National Disaster Recovery(CDBG-NDR).................................................................................................424,450
National Disaster Resilience(CDBG-NDR)........................................................................................415,455,517
National Disaster Resiliency Grant(Contract tf13-NDRH-001).....................................................................10,11
National Disaster Resiliency Grant(Contract tf13-NDRI-011)............................................................................31
Release of Funds and Certification form,Fiscal Year 2015..............................................................................539
WashingtonTool Library..................................................................................................................................415
Community Foundation of Greater Dubuque......................................................................................................271
Community Housing Initiatives(CHI).....................................................................................................................70
Community Housing Initiatives,Inc.............................................................................................................395,52S
Community NeedsAssessment-Mental Health Services.....................................................................................271
Compensation,City Attorney..............................................................................................................................447
Comprehensive Annual Financial Report(CAFR)...................................................................................................56
Comprehensive Cancer Care Center...........................................................................................5ee Mercy Hospital
Comprehensive HousingActivitiesfor Neighborhood Growth&Enrichment(CHANGE)program.............122,129
CompressedNatural Gas(CNG)...........................................................................................................................502
Condemnation.............................................................................................................................................227,2S6
Co ngest io n M itigat io n/Ai r Qua I ity(CMAQ).........................................................................................................4SS
Conlon-Kalb,Suzanne..........................................................................................................................135,136,1S0
ConnerCourt.......................................................................................................................................................439
Connolly Construction,Inc...........................................................................................................................562,577
Consolidated Annual Performance and Evaluation Report(CAPER)....................................................................439
Consolidated Funding Application
The Jule's annual operating and maintenance allocations..............................................................................199
Construction Inspection Contract Award.............................................................................................................262
Consultant Professional Services Contract..........................................................................................................200
Continuum of Care Special Needs Assistance Program (SNAP)...........................................................395,445,446
Contract Amendments
Bus Storage Facility and the Dubuque Intermodal Center.................................................................................96
GreenIndustrial SuPP�Y,Inc.............................................................................................................................129
Kunkel&Associates,Inc..................................................................................................................................571
Contracted Services Agreement..................................................................................................273,274,415,SS1
Crescent Community Health Center................................................................................................................273
Dubuque Area Convention and Visitors Bureau..............................................................................................273
Dubuque Area Labor Management Council.....................................................................................................273
DubuqueMain Street......................................................................................................................................273
DuRide.............................................................................................................................................................273
EveryChild/Every Promise.............................................................................................................................273
Greater Dubuque Development Corporation(GDDC).....................................................................................274
Hills and Dales Senior Center Lifetime Program..............................................................................................415
InclusiveDubuque...........................................................................................................................................274
Operation:New View Community Action Agency...........................................................................................274
ProjectH.O.P.E.................................................................................................................................................274
Contracts
College and UniversityTransit Partnership......................................................................................................219
EaglePoint Solar-5,LLC....................................................................................................................................16
Four Mounds HEART Community Development Block Grant..........................................................................415
National Disaster Resilience Grant-Flood Damage Repair Management.........................................................10
National Disaster Resilience Grant-Home Advocate........................................................................................11
Selser Schaeffer Architects to 563 Design LLC.................................................................................................173
Westside Water System Improvements..........................................................................................................206
Convenants
Dubuque Industrial Center and Technology Park....................................................................................356,417
Dubuque Industrial Center West/North..........................................................................................................357
Conventions,Sports,and Leisure International...........................................................................................120,200
Convivium Urban Farmstead.................................................................................................................................33
Cook,Herbert......................................................................................................................................................333
Cook,HR,SMG Regional General Manager.........................................................................................230,457,479
Book 147 Regular Session, December 18, 2017 486
Cook,Mark,USW 1561..........................................................................................................................................96
CopperKettle,Inc.,The.......................................................................................................................................476
CornerGrill..................................................................................................................................................423,534
Corporation for National and Community Service ..............................................................................................474
Cottingham&Butler,Inc.............................................................................................................494,509,521,SSO
County Board of Canvassers................................................................................................................523,555,556
CourtsideSports Bar&Grill.................................................................................................................................423
CozyCorner Adult Day Care.................................................................................................................................451
Craig Geiser,IIW P.C./Julian Nemmers..............................................................................................................540
Creek Wood Park...................................................................................................336,340,506,See Plat of Survey
Crescent Community Health Center....................................................................................................................273
CreslanesBowling................................................................................................................................................275
CubScouts.............................................................................................................................................................35
CuemasterBilliards................................................................................................................................................33
Cullen,Chris.............................................................................................................................................42,55,414
Cured-In-Place Pipe(CIPP)...................................................................................................................................202
D
D&E Rainbow Acres...............................................................................................................335,See Plat of Survey
DagmarIndustries,LLC........................................................................................................................................506
Dalton,Hilary.........................................................................................................................................................70
Dan Arensdorf Construction,Inc..................................................................................219,240,261,277,421,4S5
DAREEssay Contest Winners...............................................................................................................................269
Darr,Benjamin.................................................................................................................................................15,19
Darrouzet,Lindsey.................................................................................................................................................16
Darter,Chad,Long Range Planning Commission Chair........................................................................................475
Daughers,Robert&Erin........................................................................................................................................70
Dave Schmitt Construction Co.,Inc.............................................................................................................520,530
Dave,Schneider Land Surveying..........................................................................................................................479
DavisJr.,Frederick.......................................................................................................................................555,579
Day,Emily..............................................................................................................................................................65
DaysInn&Spirits Bar&Grill...............................................................................................................................242
Delmonaco Drive,Drain Tile Project........................................................................................................................5
DeltaDental.........................................................................................................................................................541
DemographicsInformation..................................................................................................................................554
Denny's Lux CIu6..................................................................................................................................................459
Department of Natural Resources(DNR)......................................................................................................31,3S7
Depreciation and Improvement Fund .................................................................................................................132
Derby Grange Road......................................................................................................................151,256,375,405
Derby Grange Road Housing Urban Renewal Area.................................79,136,140,154,156,195,212,426,452
Derby Grange Road Sanitary Sewer Extension.............................................................506,530,540,549,562,577
Derby Grange Road,13102..................................................................................................227,See Condemnation
Derby Grange,LLC..........................................................................................74,135,136,150,151,152,256,405
Design and ResiliencyTeam (DART)Technical Assistance...................................................................................174
DesignMill,Inc....................................................................................................................................................542
Deutmeyer,Kelley,East Central Intergovernmental Association (ECIA) Director...............................................425
DevelopmentAgreements...................................................................................................................................495
210 Jones Street,LLC.......................................................................................................................................344
Assignment,299 Main Street ..........................................................................................................................367
Assignment,356 Main Street ..........................................................................................................................219
Dubuque Initiatives,Roshek Building,4th Amendment....................................................................................55
FlexsteelIndustries,Inc...........................................................................................................................257,2S5
Giese Manufacturing Company,Inc.-1st Amendment...................................................................................572
JonesStreet,210.............................................................................................................................................251
METX,LLC................................................................................................................................................547,559
NoveltyIron Works..........................................................................................................................................335
Rouse&Dean Foundry Building, LLC...............................................................................................................501
South Pointe HousingTax Increment Financing......................................................................................244,2SS
Book 147 INDEX 487
SS Event Center,LLC(aka Steeple Square) ......................................................................................499,545,560
DiamondJo Casino...............................................................................................................................279,339,510
Dickinson,Rick,Greater Dubuque Development Corporation President and CEO...55,66,101,246,290,491,SSO
Dietzel,Kristin,Greater Dubuque Development Corporation Workforce Solutions Vice President ...........234,434
DitaMeyer,Juliet.........................................................................................................................................465,47S
Dixon,James................................................................................................................................................225,245
D1MP Engine Solutions.............................................................................................457,See Newt Marine Services
DodgeStreet............................................................................................................................................9,251,272
DogHouse Lounge...............................................................................................................................................510
Dolan,Denise M.,Dubuque CountyAuditor.................................................................................13,523,556,567
Dolan,Morgan,Loras College Honor Project.......................................................................................................219
DollarGeneral Stores.....................................................................................................................................50,279
Dolson,Mark...............................................................................................................................................254,343
DonovanProperties,LLC......................................................................................................................................554
Donovan,Rob..............................................................................................................5ee Donovan Properties,LLC
Dougherty,Kevin.................................................................................................................................................135
DowntownFa4ade Program................................................................................................................................200
Drahozal,Steven..............................................................................................................................................15,65
Drew Cook&Sons Excavating Company,Inc..................................................................23,364,399,421,464,519
Drones,Best Practice Policies................................................................................................................................SS
Dubuque Arboretum Association,Inc..................................................................................................................176
Dubuque Area Convention and Visitors Bureau..................................................................................................273
Dubuque Area Labor Management Council.....................................................................273,See Lease Agreement
Dubuque Area Landlords Association....................................................................................................................SS
Dubuque Bank and Trust Company.....................................................................................................................173
DubuqueBowling Lanes......................................................................................................................................275
Dubuque Brewing and Malting Complex(former H&W terminal).......................................................................495
DubuqueCircles�Initiatives................................................................................................................................197
Dubuque Community School District...................................................................................................1SS,474,53S
Dubuque Convention and Visitors Bureau/Travel Dubuque..............................................................................514
DubuqueCounty Board of Health........................................................................................................................455
Dubuque County Board of Supervisors................................................................................................................276
Dubuque County Conservation Board.........................................................................................................275,356
Dubuque County Early Childhood Board...............................................................................................................20
Dubuque County Emergency Management Commission
MinutesSubmitted..................................................................................................................................236,566
Dubuque County Fine Arts Society......................................................................................................................201
Dubuque County Flood Hazard Mapping Project................................................................................................335
Dubuque County Historical Society.....................................................................................................................220
Dubuque County lowa State University Extension..............................................................................................367
Dubuque County Multi-Jurisdictional Hazard Mitigation Plan.............................................................................121
Dubuque County Resource Enhancement and Protection (REAP).......................................................................416
DubuqueDental...................................................................................................................................................516
Dubuque Eagles'Eyes on the Future...................................................................................................................191
Dubuque Federation of Labor...............................................................................................................5ee Petitions
Dubuquefor Refugee Children..............................................................................................................................SS
Dubuque Golf&Country Club...............................................................................................................14,239,577
DubuqueHome Design........................................................................................................................................510
Dubuque Industrial Center and Technology Park................................................................................356,417,SSO
Dubuque Industrial Center West/North..............................................................................................................357
DubuqueInitiatives................................................................................................................................55,257,530
Dubuque Jackson Real Estate,LLC.........................................................................................................................30
DubuqueJaycees.................................................................................................................................175,201,44S
DubuqueLodge No.355......................................................................................................................................201
DubuqueMain Street..........................................................................................................................273,427,502
ProgramAgreement........................................................................................................................................273
Dubuque Metropolitan Area Solid WasteAgency(DMASWA)......................................................................31,516
Dubuque Metropolitan Area Transportation Study(DMATS)...12,19,276,290,395,444,454,520,525,526,539
Surface Transportation Program (STP)Grant in Fiscal Year 2021......................................................................12
Book 147 Regular Session, December 18, 2017 488
DubuqueMining Co.......................................................................................................................................72,279
DubuqueMuseum of Art.....................................................................................................................................275
Dubuque Professional Firefighters Association,Local tf25....................................................................................63
DubuqueQuick Stop Mart...........................................................................................................................373,423
Dubuque Racing Association .........................................................................................................245,See Q Casino
Dubuque Regional Airport Rental Car Parking Lot Project..........................................................373,401,425,464
DubuqueReligious Center.....................................................................................................................................50
DubuqueSouth Pointe,LLC.................................................................................................................................510
DubuqueWater Sports CIu6................................................................................................................................175
DubuqueYacht Basin...........................................................................................................................................472
Dubuque,Vernon,and Barrington Water Systems.............................................................................................356
Dubuque's Industrial Center West.......................................................................................................................554
Dubuque's vehicle refueling facility.........................................................................................................................7
Dubuque's Circles� Initiative and Family Self-Sufficiency Program.....................................................................236
Duehr,Michael,Fraternal Order of Eagles..........................................................................................................191
Dungeon................................................................................................................................................................72
DuRide...........................................................................................................................................................66,273
DuTrac Community Credit Union...........................................................................................................67,253,503
Duve,Luke....................................................................................................................5ee Workers'Compensation
E
E.M.Quade Company,LLC....................................................................... 505,506,See Pre-Annixation Areements
EagleCountry Market..................................................................................................................................279,476
Eagle Point Park...............................................................................................................................219,520,567
Environmental Restoration Project..................................................................................43,94,442,516,53S
EaglePoint Solar....................................................................................................................................................16
EagleValley subdivision.......................................................................................................................................352
EaglesClub...........................................................................................................................................................133
Easements
KennedyRoad Right-of-Way..............................................................................................................................46
Right-of-Way,Dodge Street,2620...................................................................................................................272
Tri-State Shred/Old Bellevue Road ................................................................................................................150
East Central Development Corporation...............................................................................................................395
East Central Intergovernmental Association (ECIA)..............................................9,10,31,290,365,425,425,555
East Fifteenth Street,101....................................................................................................560,See Steeple Square
EastFifteenth Street,411....................................................................................................................................539
EastNineteenth Street,525..................................................................................................................................65
EastSeventeenth Street......................................................................................................................................375
Eastern lowa Directional Drillers,LLC..................................................................................................................476
Eastern lowa Excavating&Concrete,LLC............................................................................................................395
East-West Corridor...................................................................................................................12,19,445,454,SS2
EasyStreet...........................................................................................................................................................242
Eby,Dr.John........................................................................................................................................................215
ECIA.......................................................................................................................................................................96
Edwards,Sherri,Dubuque County Early Childhood.............................................................................................145
Ehrlich,Jessy,Chairperson Dubuque Days of Caring...........................................................................................191
Ehrlich,Rick.........................................................................................................................................................203
EideBailly CPA.......................................................................................................................................................56
EideBailly LLP......................................................................................................................................................237
EIPaisano Grocery Store........................................................................................................................................33
Electrical Code Board
Applicants.................................................................................................................225,245,254,342,449,465
OrdinanceAmendment...................................................................................................................................353
EleventhStreet....................................................................................................................................202,225,364
Eleventh Street 30-inch Forcemain Project.........................................................................................................364
Elliott,Michael.....................................................................................................................................435,455,503
Elliott,Michael and Vi..........................................................................................................................................453
Ellis,Charles and Ruth .........................................................................................................................................414
Book 147 INDEX 489
Ellis,Ruth.............................................................................................................................................................414
ElmStreet......................................................................................................................................................30,341
Elm Street,1146............................................................................................................................21,224,255,256
Elm Street,1690.................................................................................................................547,559,See METX,LLC
EminentDomain..........................................................................................................................................225,2S6
EmploymentAgreement......................................................................................................................................447
ENCAP,Inc...........................................................................................................................................230,335,575
EndersonJr.,George............................................................................................................................................400
Endless Fragrance&Merchandise.......................................................................................................................279
Engelken,Rick,CityAssessor...............................................................................................................................371
English Mill and North Cascade Road Water Main Extension......................................................................135,206
English Mill Road Pump Station...................................................................................................................135,206
Environmental Protection Agency(EPA)........................................................................................................13,332
Environmental Restoration Management Plan for Eagle Point Park...................................................................416
Environmental Stewardship Advisory Commission
OrdinanceAmendment...................................................................................................................................331
SecondReading...............................................................................................................................................347
EPA Brownfields Area Wide Grant.......................................................................................................145,403,4S3
EPA Brownfields Area Wide Plan
SouthPort Update...........................................................................................................................................403
Erba,Antonina.........................................................................................................................3S,65,230,347,550
Ernst,Joni,U.S.Senator...............................................................................................................................271,496
Ernst,Kate,Cartegraph Systems..........................................................................................................................411
Esrey,Cohen Developer..................................5ee Urban Revitalization Designation for former Holy Ghost School
Eudaley,Amy...............................................................................................................................................459,510
EuropaCafe of Dubuque......................................................................................................................................242
Europa Haus Restaurant&Bierstube..................................................................................................................459
Evans-Mason,Inc.................................................................................................................................159,277,554
Even,Chris...................................................................................................................................................449,465
EvergreenDrive...................................................................................................................................................203
EveryChild/Every Promise.................................................................................................................................274
ExpressScripts.....................................................................................................................................................151
ExxtremePub.........................................................................................................................................................97
Eyes on the Future Youth Committee..................................................................................................................191
F
FairHousing Testing..................................................................................................................................43,435
FairMarket Value................................................................................................................................................256
FajSquad SK........................................................................................................................................................222
FamilyDollar tf21599...........................................................................................................................................279
Family Self-Sufficiency Coordinator.....................................................................................................................455
FarewayStores tf114...................................................................................................................................177,27S
FarmLease...........................................................................................................................................................277
Farmer's Market..................................................................................................................................................427
Farren-Eller,Katrina.............................................................................................................................................215
FasMart.......................................................................................................................................................279,372
Tobacco Compliance Civil Penalty...................................................................................................................133
FatTuesday's...............................................................................................................................................242,464
Alcohol Compliance Civil Penalty.....................................................................................................................371
Federal Emergency Management Agency(FEMA)...............................................................................................335
Federal HighwayAdministration Accelerated Innovation Deployment(AID)......................................................444
Federal Historic Tax Credit program (FHTC program)..................................................................393,494,495,496
Federal Legislative Priorities.............................................................................................................................42
Federal Transit Administration Low-or No-Emission Grant Program..................................................................366
Fee Recommendations
Bee Branch Greenway Rental..........................................................................................................................356
Miller Riverview Campground Operations.........................................................................................................71
Felderman,Robert...........................................................................................................................33,55,125,434
Book 147 Regular Session, December 18, 2017 490
FenglerStreet......................................................................................................................................9,14,33,209
FieldstoneCourt..................................................................................................................................................291
Fiesta Cancun Authentic Mexican Restaurant.....................................................................................................459
Fife's Bar........................................................................................................................................................50,447
FifteenthStreet...........................................................................................................................................102,221
Final Plat
East Dubuque No.3/232 E.14�h Street..........................................................................................................395
OaklandRidge Estates.....................................................................................................................................479
Rustic Point Estates Subdivision......................................................................................................................403
SouthPointe Subdivision.................................................................................................................................291
Fingerson,Joan....................................................................................................................................................474
FireEscape Compliance.......................................................................................................................................200
Fireworks.............................................................................................................................................239,347,379
OrdinanceAmendment...................................................................................................................................331
First&Main Bar and Restaurante .......................................................................................................................339
FischerLanes.......................................................................................................................................................339
Fisher,Steve,Telegraph Herald...........................................................................................................................473
Fitriani,Ms.Astrid Soray,Indonesia lCMA Fellow...............................................................................................217
Fitzgerald,Kyle,former Dubuquer......................................................................................................................469
Five Flags Civic Center........................................................56,7S,S6,100,120,1SS,195,230,277,275,479,519
LEDMarquee Sign Replacement......................................................................................................................514
Five Flags Study and Assessment.........................................................................................................................200
Five h undred sixty three(563)Design LLC........................................................173,See Selser Schaeffer Architects
Flashing yellow lights,Rules and Regulations.....................................................................................................SS
Flexible Spending Plan....................SeeTotal Administrative Services Corporation(TASC)Administrative Services
Flexsteel Industries,Inc......................................................93,96,257,260,254,450,491,563,SSO,See Petitions
FloodInsurance Rate Map...................................................................................................................................335
FloraPark...............................................................................................................................................................35
Forest Ridge Drive,14561.....................................................................See Westside Water System Improvements
ForgivableLoan....................................................................................................................................................237
Four Mounds Foundation.............................................................................................237,367,393,422,503,53S
FourMounds HEART program.............................................................................................................................415
Fraction,Ramona.................................................................................................................................................554
FriendlyLocust Mart............................................................................................................................................459
Alcohol Compliance Civil Penalty.............................................................................................................241,372
Tobacco Compliance Civil Penalty...................................................................................................................241
Fringe Area Development Standards...........................................................................................................274,41S
Frommelt,Dale......................................................................................................................................................99
FrostBank............................................................................................................................................................421
Fullmer,Rick,DARE Officer..................................................................................................................................269
Fundraising and Naming Recognition Policy........................................................................................................262
Furlong,Renee.....................................................................................................................................................516
G
Gagne,Don,Tri-State Independent Blind Society Executive Director...................................................................36
Gagne,Pam,Tri-State Independent Blind Society Secretary/Treasurer................................................................36
Gallagher Benefit Services,Inc......................................................................................................................21,151
Gansemer,John...................................................................................................................................................392
Gantenbein,Barbara A..........................................................................................See Pre-Annexation Agreements
GarfieldAvenue........................................................................................................................................191,26S
GASB-75 actuarial valuation for 2015..................................................................................................................570
GatewayDrive,2460...........................................................................................................................................239
General Administrative Services Contract
National Disaster Resilience Grant......................................................................................................................9
Gentry,Barry,Dubuque Area Chamber of Commerce Senior Vice President.....................................................457
Giere,Sam ...........................................................................................................................................................215
GieseCompany,L.L.P..........................................................................................................................5,9,15,33,34
Giese Manufacturing Company,Inc.....................................................................................................................572
Book 147 INDEX 491
Giese,Tom...........................................................................................................................................6,21,99,135
GinRickeys.............................................................................................................................................................50
GlendaleCourt.......................................................................................................................................................93
Goin,Heidi...........................................................................................................................................................453
Goldstein,Henry..................................................................................................................................................215
GolfCart Lease.......................................................................................................................................................67
Golombeski,Bethany.....................................................................................................................................99,135
Goodendorf,Debra..........................................................................................................................................93,94
Gorrell,Paul,Special Olympics organizer............................................................................................................214
Gorton,Greg................................................................................................................................................400,426
Gotz,Mary...........................................................................................................................................................555
Government Finance Officers Association(GFOA)......................................................................................414,516
Grade Level Reading Initiative.............................................................................................................1SS,355,393
Grand Harbor Resort and Water Park..................................................................................................................547
Alcohol Compliance Civil Penalty.......................................................................................................................13
Grand River Center.............................................................................................................16,20,S6,221,371,476
GrandTap,The............................................................................................................................................265,4S9
Grandview and UniversityAvenues Roundabout................................................................................................219
GrandviewAvenue................................................................................................................................19,275,341
Grandview Avenue and Loras Boulevard Project.................................................................................................275
Grandview Avenue and Loras Boulevard Traffic Signal Reconstruction Project..........................341,401,425,573
Grant Agreement
REAP Grant Agreement for Eagle Point Park Environmental Restoration .......................................................535
U.S.EPA Brownfields Cleanup Cooperative.....................................................................................................539
Grant Applications
BrownfieldsAssessment..................................................................................................................................332
Dubuque Metropolitan Area Transit Study(DMATS)Transportation Alternatives Program(TAP).................539
Eagle Point Park Land and Water Conservation Fund (LWCF)...........................................................................94
EPA Brownfields Assessment for 2017..............................................................................................................13
LeadHazard Contro12017...............................................................................................................................130
PartnersforPlaces.............................................................................................................................................42
Sustainable Dubuque Community...................................................................................................................535
TigerIX.............................................................................................................................................................524
Grant Expenditure Request
Public,Educational,and Government(PEG)Capital................................................................................535,577
Grant of Easements
BlackHills Energy.....................................................................................................................................375,402
Public Utilities,Kennedy Road Right-Of-Way and Derby Grange Road Intersection .............................46
Rhomberg/WindsorAvenuesSignalization Improvements...........................................................................455
Sanitary Sewer Utilityfor Marlene L.Brimeyer...............................................................................................540
Sanitary Sewer Utility through,over and across part of Lot 2 of Asbury Plaza No.16....................................506
Southwest Arterial Project.....................................................................................................................43,239
Water Main through,over and across part of Lot 2 of Plaza 20 No.2.............................................................272
Water Main Utility- Westside Water System Improvements.........................................................................455
Water Main Utility-14650 Mile Hill Lane.......................................................................................................364
Water Main Utility-14755 North Cascade Road.............................................................................................396
Water Main Utility-13715 Barrington Lakes Drive..........................................................................................525
Grant Wood Mississippi River Region....................................................................................................................16
Grants
AmeriCorps Partners in Learning New and Targeted Initiatives......................................................................272
Federal Transit Administration Low-or No-Emission......................................................................................366
lowa Commission on Volunteer Service 2017-1SAmeriCorps Partners in Learning.......................................367
lowa Department of Transportation(IADOT)..........................................................................................219,337
lowaState Recreation Trai1..............................................................................................................................275
Public,Educational,and Government(PEG)Capital..................................................................................42,239
Sustainable Dubuque Community.....................................................................................................................42
Transportation Alternative Program................................................................................................................356
Grassley,Charles,U.S.Senator....................................................................................................................271,496
Book 147 Regular Session, December 18, 2017 492
Grassley,Lee,Senior Manager of Government Relations for Mediacom Communications Company.71,371,509,
523,556
Graves,Emily,Greater Dubuque Development Corporation Director of Marketing...........................................491
Great Lakes Career Ready Internship Grant Program............................................................................................30
GreatVape,The...................................................................................................................................................275
Greater powntown Urban Renewal District.....53,100,102,193,205,225,2SS,297,369,442,499,532,560
Greater Dubuque Development Corporation(GDDC)....................................................20,149,257,290,399,SSO
LaborshedAnalysis..........................................................................................................................................399
QuarterlyUpdate.............................................................................................................................................101
SkillsGap Analysis............................................................................................................................................399
TrueNorth Program.........................................................................................................................................534
GreenIndustrial SuPP�Y,Inc.................................................................................................................................129
Greener,Patrick&Amy.........................................................................................................................................70
Griner,Jennifer....................................................................................................................................................503
Gronen,John,President of Gronen Properties....................................................................................................494
Groom,Mariann..................................................................................................................................................150
Growing Sustainable Communities Conference 10th Annual..............................................................................479
Grutz,Stephanie..............................................................................................................................................15,19
GudenkaufPlace..................................................................................................................................................133
Gudenkauf,Lloyd S.and LoisA....................................................................................................................134,1S0
H
Hallahan,Bruce,President of the NE lowa Council of Boy Scouts of America ....................................................434
Halverson,James,HR Green................................................................................................................................332
Hammel Jr.,Gerald.......................................................................................................465,475,459,510,SSS,579
Hammel,Lisa.......................................................................................................................See Requests to Rezone
Hammerhead's Bar and Billiards...................................................................................................................72,279
Alcohol Compliance Civil Penalty.....................................................................................................................241
Hanen,Shawn C.and Christina M...........................................................................................................................7
HappyJoe's Old-Fashioned Ice Cream&Pizza Parlor..........................................................................................510
HaPPYs Place.......................................................................................................................................................556
HaroldStreet,2249 .....................................................................................................................................250,343
HarrisGolf Carts.....................................................................................................................................................67
Hartig Drug Companies.............................................................................................................33,72,177,275,279
Hartig,Richard.....................................................................................................................................................435
Harves,Dr.Alan,Dubuque Noon Lion's Club President ......................................................................................217
Hawkeye Area Community Action Program/Continuum of Care Certification of Consistency..........................445
HawkeyeElectric.................................................................................................................................275,335,507
HDREngineering..................................................................................................................................................276
Health NeedsAssessment and Health Improvement Plan..................................................................................331
Healthy Homes and Childhood Lead Poisoning Prevention Program.........................................................46
Healthy Homes Flood Damage Repair Management services...............................................................................10
HealthyHomes Program......................................................................................................................................455
Heartland Financial,USA Inc........................................................................................................................451,491
Hemmer,Anthony...............................................................................................................................................455
Hendri,Mr.,Indonesia lCMA Fellow....................................................................................................................217
Henkels,Ellen ......................................................................................................................................................453
Henschel,Thomas................................................................................................................................475,490,SSS
HeritageTrail...............................................................................................................................................275,446
Highway20 Conduit Project................................................................................................................................335
HillStreet.............................................................................................................................................................335
HillcrestFamily Services......................................................................................................................................509
Hillsand Dales......................................................................................................................................................452
Senior Center Lifetime Program Contracted ServicesAgreement...................................................................415
Hilton Garden Inn and Q Casino..........................................................................................................................242
Hingtgen,Kelly.....................................................................................................................................................555
Historic Millwork District...............................................................................................................................30,495
Historic Preservation Commission
Book 147 INDEX 493
2015 National Alliance of Preservation Commissions Forum..........................................................................443
Applicants.................................................................................................254,342,426,450,477,490,SSS,579
Cross-representatives to Resilient Community Advisory Commission ..............................................................15
Minutes Submitted.............................................................................93,192,215,270,392,434,473,502,516
Scholarships.....................................................................................................................................................443
HistoricTax Credit Economic Impact Study.........................................................................................................567
Hoang,Ms.Mi,Vietnam ICMAfellow..................................................................................................................217
Hockenberry,Nick,Jackson County EconomicAlliance Assistant Director............................................................16
HodgeCompanies................................................................................................................................................173
Hoelscher,Tom....................................................................................................................................................562
Hoeper,Shane.................................................................................................................................54,S0,400,426
Hoffman,Mike,Teska Associates,Inc............................................................................................S6,260,359,470
Hoffmann,Pau1............................................................................................................................................254,343
Holdener,Jean.....................................................................................................................................................435
HolidayInn Dubuque Five Flags...........................................................................................................................577
HolyFamily Schools.............................................................................................................................................474
HolyGhostHill area...............................................................................................................................................92
HolySpirit Church................................................................................................................................................445
Home Advocate Contract Extension......................................................................................................................46
HonkampKrueger and Co.,P.0............................................................................................................................452
Hopkins,Monique ...............................................................................................................................................414
Hopsand Rye.......................................................................................................................................................557
HorsfieldConstruction...........................................................................................................................................30
Horstman,Shirley,Dubuque Community School District Director of Student Services................................39,215
Horstmann,Doug,Dubuque Bank&Trust Company President and CEO..............................................................55
HotelJulienDubuque..........................................................................................................................................547
Houseof China Co................................................................................................................................................372
Housing Board of Appeals
Applicants.............................................................................................................16,99,134,426,450,SSS,579
OrdinanceAmendment...................................................................................................................................206
Housing Choice Voucher(HVC)Program.......................................................................................................35,459
Housing Commission
Applicants.............................................................................................54,S0,377,400,426,475,459,490,510
Cross-representatives to Resilient Community Advisory Commission ..............................................................15
MinutesSubmitted..........................................................................................................................................270
Housing Trust Fund Advisory Committee
Applicants........................................................................................................................................................371
lowa Finance Authority for a grant from the State Housing Trust Fund..........................................................442
Hoverman,Caro1..........................................................................................................................................254,342
Hub,The..............................................................................................................................................................201
HUD.....................................................See United States Department of Housing and Urban Development(HUD)
Huff,Nicholas........................................................................................................................................................15
HuhotMongolian Grill.........................................................................................................................................476
Human Rights Commission
Applicants...........................................................................................16,134,179,465,475,459,510,SSS,579
Cross-representatives to Resilient Community Advisory Commission ..............................................................15
Minutes Submitted...............................................................................6,125,192,236,356,457,516,537,566
Human Rights Department Annual Report....................................................................................................21,567
HurricaneHarvey.................................................................................................................................................469
Hwy 20 Conduit Project-Wacker Drive to Hill Street .................................................................................371,SOS
Hwy61/151 overpass..........................................................................................................................................371
Hydro-Tech,Inc............................................................................................................................................277,519
Hy-Vee Food Stores Inc.........................................................14,33,50,97,275,279,339,423,476,459,556,577
Hy-Vee Food Stores,Inc.
Stipulation of Settlement for Property Tax Appea 1..........................................................................................129
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IBMSmarter Travel..............................................................................................................................................205
Book 147 Regular Session, December 18, 2017 494
ICAAPGrant Submission......................................................................................................................................457
Ichiban Hibachi Steakhouse&Sushi Bar..............................................................................................................222
Alcohol Compliance Civil Penalty.....................................................................................................................277
II W,P.0...................................................................................................................................46,179,262,337,341
ImagineDubuque..............................................................................................................................6,S6,393,502
Comprehensive Plan.........................................................................................................260,359,455,470,47S
ImOnCommunications,LLC:................................................................................................................................509
Improvement Contracts/Performance,Payment and Maintenance Bonds...13,32,221,240,277,335,371,399,
447,464,530,546,577
Inclusive Dubuque.........................................................................................................................35,274,392,551
Inflow and Infiltration Inspection (I and I)Engineer position..............................................................................123
Insituform Technologies USA,LLC.......................................................................................................................371
InspireCafe..........................................................................................................................................275,423,556
InstantReplay......................................................................................................................................................577
IntegratedPest Management..............................................................................................................................237
Intentto Dispose.................................................................................................................................................340
BlackHills Energy.............................................................................................................................................375
METX,LLC........................................................................................................................................................559
Proprty at and next to Creek Wood Park.........................................................................................................340
Rreal estate located along Creek Wood Drive.................................................................................................377
Intentto vacate
Right-of-Way on 17th Street between Elm Street and Pine Street..................................................................341
International City/County Management Association (ICMA)Fellowship Exchange............................................217
Fellow Mr.Chankakada (Kakada)Chhoeum of Cambodia...............................................................................515
Fellow Mr.Darren Tan of Singapore................................................................................................................515
International Union of Operating Engineers Local tf234........................................................................60,270,475
Investment Oversight Advisory Commission
Applicants..........................................................................................................................................55,254,342
Minutes Submitted....................................................................................................................40,236,414,537
lowa32 Bike/Hike Trail......................................................................................................................................45
lowa Clean Air Attainment Program(ICAAP)...............................................................................................420,4S7
lowa CommunityAssurance Pool(ICAP) .............................................................................................................541
lowa Department of Cultural Affairs...........................................................................................................435,567
lowa Department of Health Memorandum of Understanding(MOU)................................................................422
lowa Department of Natural Resources(IDNR)..............................................45,149,205,230,270,441,442,443
StateRevolving Fund Agency...........................................................................................................................206
lowa Department of Public Health..............................................................................................................221,4S5
lowa Department of Transportation(IADOT).............................................71,93,94,276,395,420,444,457,572
lowa Clean Air Attainment Program(ICAAP)...................................................................................420,454,520
Traffic Safety Improvement Program (TSIP)....................................................................................................445
Transit Consolidated Funding Application.......................................................................................................199
lowa Economic Development Authority(IEDA)..............................11,129,130,175,237,273,450,542,554,571
Assistance Application.....................................................................................................................260,451,521
lowaGas Utility Company,LP................................................................................................................................96
lowaMission of Mercy........................................................................................................................................56
lowa Mississippi River Parkway Commission Annual Report 2016-2017.............................................................546
lowa Ready Mixed Concrete Association (IRMCA) ..............................................................................................517
lowaStreet Market,Inc...............................................................................................................................279,556
lowaStreet,S90..................................................................................................................................................200
lowa Urban Renewal Annual Report...................................................................................................................537
lowaWelcome Center.........................................................................................................................................476
lowans for Tax Relief Comparison.......................................................................................................................3SS
Itempulled from the agenda...............................................................................................................................254
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1.P.Schroeder's Addition.....................................................................................................................................343
Jack's Lounge.......................................................................................................................................................339
Jackson County EconomicAlliance(10EA)...........................................................................................................365
Book 147 INDEX 495
Jackson Park Street Lighting Project....................................................................................................275,335,507
Jackson Street,1065....................................195,202,225,See SRJackson Real Estate LLC Warehouse Renovation
JacksonStreet,1100..............................................................................................................................................30
Jaeger&Jaeger,LLC..............................................................................................................................................70
James,Lindsay.............................................................................................................................................179,203
JavaJoe's Coffee House.......................................................................................................................................464
Jayde's Vapor Lounge..........................................................................................................................................465
Jelinske,James L.and Laura V...............................................................................See Pre-Annexation Agreements
Jenaman,Stefanie-Candace.........................................................................................................................426,450
Jenery,Kristal,First-time home buyer...................................................................................................................64
1HTDPlaza,LLC....................................................................................................................................................219
Job Reclassification
Leisure Services Department...........................................................................................................................504
JohnC.Kaiser Company.......................................................................................................................................371
John F.Kennedy Road....................................................................................................................11,135,420,520
Johnson,Marty,Straka Johnson Architects.........................................................................................................102
Joint Vehicle Fuel SalesAgreement.........................................................................................................................6
JolietBuilding Corp..............................................................................................................................................177
JonesStreet,210.................................................................................................................................................251
Jones,Caprice,Fountain of Youth Program President.........................................................................................553
Jones,LLC.............................................................................................................................................................251
Jones,Ruth ..........................................................................................................................................................407
Jubeck New World Brewing LLC...........................................................................................................................339
Jule Operations and Training Center.....................................................................................................13,3SS,433
Jule Transit...................................................................................................................................177,205,366,393
JulienDubuque Bridge.........................................................................................................................................367
Jumper's Sports Bar&Gri11..................................................................................................................................510
Alcohol Compliance Civil Penalty.......................................................................................................................96
Just Compensation Valuation.................................................................................................See Fair Market Value
Justice Assistance Grant(JAG)Application..........................................................................................................444
K
KAD 2016,LLC(Starbucks)...................................................................................................................See Starbucks
Kalb,Myra Jo.......................................................................................................................................................150
Kalb,Pau1.............................................................................................................................................................135
Kalmes Breaktime Bar and Grill...........................................................................................................................242
Kalvelage,Phillip..........................................................................................................................................135,1S0
Kapparos,Michael and Sandra............................................................................................................................455
KaridenWine Company.......................................................................................................................................464
Kaufman,Richard ................................................................................................................................................270
Kaufmann Ave.,575,Bee Branch Healthy Homes...............................................................................................424
Keep lowa Beautiful Home Town Pride Program ................................................................................................365
Kelly,Timothy......................................................................................................................................................414
KennedyRoad,12565..................................................................................................................................135,1S1
Kennedy,Sherry,Dubuque Association for the Education of Young Children.....................................................145
Kennicker,Robin....................................................................................................................1S,254,343,377,400
Kerper Boulevard...........................................9,14,33,103,111,115,119,250,307,320,346,359,3SS,413,443
FiberProject............................................................................................................................................507,546
Sanitary Sewer Projects................................................................................................5,242,279,259,345,34S
KeyCity Excavating..................................................................................................................................................5
Key City Subdivision.........................................................................................................5ee Vernon Water System
Key West Drive,10906................................................................................See Budde Pre-Annexation Agreements
KeywestConoco..................................................................................................................................................339
Kickoff to Summer..............................................................................................................................................177
Kids in Dubuque Skate(K.I.D.S.) .................................................................................................429,See Skate Park
Kilburg,Brett.....................................................................................................................516,See Dubuque Dental
Killian,Stacey,Dubuque Visiting NursesAssociation ..........................................................................................332
Kirchner,Abigail,Loras College Honor Project....................................................................................................219
Book 147 Regular Session, December 18, 2017 496
Kittle,Nick Cartegraph Systems...........................................................................................................................411
Klavitter,David......................................................................................................................................62,477,490
Klinge,Kenneth............................................................................................................................................254,343
Klutzaritz,Matt,Boy Scounts of America............................................................................................................551
Kmart tf401S
Tobacco Compliance Civil Penalty...................................................................................................................241
Knicker's Saloon...................................................................................................................................................372
Kobaia,Yamako.......................................................................................................................................................6
Kobliska,Mason.....................................................................................................................................................55
Koffman,Mike,Teska Associates.........................................................................................................................475
Konnexion,The....................................................................................................................................................279
Konrady,Brian,Owner of Fife's Bar.....................................................................................................................447
Kotz,Kevin,Dubuque County Fair General Manager..........................................................................................391
Kowalske,Mathwe..............................................................................................................................................270
Kramer,Jessica M.and Cory W. ..........................................................................................................................455
Kramer,Rosemary.......................................................................................................................................400,426
Kress,James F.and Janet M...........................................................................................74,136,152,154,405,406
Kress,Jim.....................................................................................................................................................135,1S1
Krolick,Bruce.......................................................................................................................................................503
Kuhl,Ron..............................................................................................................................................................555
Kuhle,Rebecca ....................................................................................................................................254,343,377
Kunkel&Associates,Inc......................................................................................................................................571
KwikStar Stores...........................................................................................................................................275,279
Kwik Stop Stores...............................................................49,97,133,177,279,339,340,445,459,510,547,577
Alcohol Compliance Civil Penalty.........................................................................................................13,71,241
Tobacco Compliance Civil Penalty.......................................................................................................13,71,241
L
L.May..................................................................................................................................................................510
Laird,Mark...........................................................................................................................................................149
LakeRidge Drive,3375..........................................................................................................................................23
Lammer-Heindel,Christoffer...............................................................................................................426,450,579
Lammers,Brian....................................................................................................................................................400
LandfillExpansion Project....................................................................................................................................516
Landis,Dick......................................................................................................................................................33,55
LandlordLLC..........................................................................................................................................................70
Lane,Lea..............................................................................................................................................................479
Lange,Charella ....................................................................................................................................................503
Lansing,Mark......................................................................................................................................................414
Larson,Kate...........................................................................................................................................66,122,426
Lassance,Pau1..............................................................................................................................................254,342
LaurenLane.........................................................................................................................................................439
Lead Hazard Control and Healthy Homes Program...............................................................................65,130,517
Leadership Dubuque Program..........................................................................................................................SS
Lease Agreements
Dubuque Area Labor Management Council Federal Building............................................................................96
Master Lease Agreement,Southwestco Wireless Inc.d/b/a Verizon Wireless...............................................575
MathiasHam House........................................................................................................................................220
Lechtenburg,Sr.Mary,OSF Tri-State Coalition Against Human Trafficking........................................................566
Legion-Aires Drum and Bugle Corps............................................................................................................134,1S0
Lehnen,Bryon..........................................................................................................................................................6
Leibfried,Scott.............................................................................................................................................449,465
Letter of Support..................................................................................................................221,275,356,463,4S6
Levasseur,Ali.......................................................................................................................................426,450,4S3
LibbyLane............................................................................................................................................................479
Library Board of Trustees
Applicants................................................................................................................................................400,426
Council Updates........................................................................................129,236,333,392,473,502,537,553
Book 147 INDEX 497
Minutes Submitted...........................................................................6,66,93,145,236,270,392,455,516,537
Upd ates............................................................................................................................................................40
Lift,The................................................................................................................................................................400
Lina'sThai Bistro..................................................................................................................................................177
Lindecker,Deanne...............................................................................................................................................516
Link,Loryn....................................................................................................5ee DARE EssayContestAward Winner
Linseed Oil/Paintworks Building........................................................................................................................175
LoBianco,Dan,Dubuque Main Street Executive Director.............................................................................66,502
Locust and 5�'Streets..................................................................................................................196,224,255,256
Loewen berg,C h ris...............................................................................................................................................516
Lohrmann,Carrie.............................................................................................................................................15,19
Long Range Planning Advisory Commission
Applicants................................................................................................................................................254,342
Cross-representatives to Resilient Community Advisory Commission ..............................................................15
Minutes Submitted.............................................................................................93,192,270,392,434,473,566
Recommendation....................................................................................................................................465,47S
LorasBoulevard...................................................................................................................................................341
Loras College........................................................................................................................201,219,459,535,562
LosAztecas Mexican Restaurants................................................................................................................275,44S
LotOne,LLC.........................................................................................................................................................177
Lounge,The...........................................................................................................................................................14
Lower Bee Branch Creek......................................................................................................175,204,230,335,575
Lowe's Home Centers,Inc.......................................................................................................................................9
Ludwig,Ron.........................................................................................................................................................333
LugoRuiz,Yahaira........................................................................................................................................449,465
LunaStreet..........................................................................................................................................................439
Lyons,David,Greater Dubuque Development Corporation (GDDC).............................................................93,535
Lyons,Lawrence G.and Debra 1..........................................................................................................................576
M
MaciCourt...........................................................................................................................................................479
MackenzieRidge..........................................................................................................................................439,479
MacKenzie,David ................................................................................................................................................392
Madkins,Deshaun,University of Dubuque Junior Representative Student Government Association and Diversity
Chair...................................................................................................................................................................66
Magazine 365ink,Impact Award.................................................................................................................122,129
Mahoney,Pauline................................................................................................................................................342
Main Street,299(Cooper Wagon Works Building)..............................................................................................367
MainStreet,356..................................................................................................................................................219
Major,Thomas.............................................................................................................................245,254,342,343
Malone,Michelle,Finley/Unity Point Hospital....................................................................................................332
Maloney,Pauline.........................................................................................................................................254,342
Mangeno,Angela.................................................................................................................................................537
Manternach,Sue.................................................................................................................................................453
Marco's................................................................................................................................................................201
Mario's Italian Restaurant.....................................................................................................................................33
MarissaCourt ......................................................................................................................................................439
Marquette Hall,LLC..........................................................90,91,99,175,440,445,465,See Purchase of Property
MarriotTowne Place Suites...................................................................................................................................30
MasonDixon Saloon....................................................................................................................................242,372
Master Co-Location and Shared ServicesAgreement and Project Statement.....................................................509
Master Licensing Agreement(MLA)....................................................................................................................199
Mathias Ham House.........................................................................................................79,99,159,220,277,554
Mattes,Scott,H R G reen......................................................................................................................................332
Mayor and City Council Appointmentsto Various Boards and Commissions........................................................19
McAleece Park and Recreation............................................................................................................................201
McAllister,PatrickT.and Bonnie 1.......................................................................................................................504
McAndrews,John........................................................................................................................................477,490
Book 147 Regular Session, December 18, 2017 498
MCClowa,LLC(Mediacom).................................................................................................................................395
McCann's Service,Inc..................................................................................................................................222,340
McCarthy,Kathleen.............................................................................................................................................270
McCarthy,Thomas,estate...................................................................................................................................270
McClain Excavating Company,Inc...............................................................................................................425,464
McClain,Diane.......................................................................................................................................................55
McCullough,Rob.................................................................................................................................................434
McDermott,Jodie,Mercy Medical Center...........................................................................................................332
McDonald,Christine,Loras College Honor Project..............................................................................................219
McDonald,Dan,Vice President of Existing Businesses........................................................................................491
McFaddenproperty.............................................................................................................................................550
McFarlin,Katherine.............................................................................................................................................215
McGorry,Beth,St.MarkYouth Enrichment Outreach Coordinator............................................................236,502
McGovern,Jared....................................................................................................................................................15
McMahon,Michael J.and Rebecca M.................................................................................................................197
Mechanical and Plumbing Code Board
Applicants..................................................................................................................................99,135,245,2S4
OrdinanceAmendment...................................................................................................................................353
Mediacom Charitable Foundation
Applicants................................................................................................................................179,203,SSS,579
Mediacom Communications Company...................................................................................71,371,509,523,556
MedicalAssociates Clinic.....................................................................................................................................151
Medical Plan Third-PartyAdministration Services and Stop Loss Coverage................................................150,1SS
Mela Drive,1097 (Stark Place)...............................................................................................................................22
Mela Drive,1100(Schramm Place)........................................................................................................................22
Melchert,Ashley.....................................................................................................16,465,475,459,510,SSS,579
Memorandum of Understanding(MOU).......................................................................................69,276,525,526
MenardConsulting,Inc..................................................................................................................................21,570
MentalHealth Services........................................................................................................................................271
MercyHospital.....................................................................................................................................................550
Merrick,Brandon.........................................................................................................................................549,SSS
Merz,KellyJean...................................................................................................................................................453
Mettille,Joe.................................................................................................................................................135,1S0
METX,LLC................................................................................341,375,495,547,See Development Aggreements
MiRanchito.........................................................................................................................................................339
Michalski,Ann,Naming Recommendation..........................................................................................................452
Midtown Transfer and Catfish Creek Watershed Pervious Alley Construction Project.......................................441
Midwest Concrete,Inc..........................................................................................................421,447,453,464,574
MidwestVapors...................................................................................................................................................275
Mihalakis,Stephanie............................................................................................................................................503
MikeStecher Real Estate.............................................................................................................................134,1S0
Mile Hill Lane,14650...........................................................................................................................................364
MillerRiverview Campground...............................................................................................................................71
Miller-Riverview Park...........................................................................................................................................411
MillworkMarketplace..........................................................................................................................................372
MindframeTheaters............................................................................................................................................133
Miracle League baseball field......................................................................................See Veterans'Memorial Park
Mississippi River and Peosta Channel..................................................................................................................245
Mississippi River Cities and Towns Initiative........................................................................................................129
Mitchell,Allison,Sustainable Dubuque Community Grant Recipient....................................................................39
Mobilitie/NetworkTechnology IA LLC.................................................................................................................199
Mohr,Mandi,Workforce Solutions Coordinator.................................................................................................491
Molo,Nick............................................................................................................................................................347
Monk,Christina...................................................................................................................................217,254,342
MonksKaffee Pu6........................................................................................................................................201,279
MoondogMusic...................................................................................................................................................279
Moore,Erica........................................................................................................................................................236
Moore,Jorja ........................................................................................................................................................200
Mootz,Robert......................................................................................................................................................270
Book 147 INDEX 499
Moracco,The.......................................................................................................................................................577
Moran,Brian........................................................................................................................................................135
MorganCreek Drive.............................................................................................................................................479
Morris,Corrine....................................................................................................................................................270
Morris,Scott........................................................................................................................................................435
Morrison Brothers...............................................................................................................237,See forgivable loan
Morrison,Kayla............................................................................................................................................555,579
Moyer,Caro1........................................................................................................................................................270
MSA Professional Services and WaterTechnology,Inc.........................................................................................66
Muckelvaney,Josh,Anchor Sign..........................................................................................................................251
Muench,Mike........................................................................................................................................................15
Muhlack,Dieter...........................................................................................................................................245,2S4
Mullin,Pam..................................................................................................................................................400,426
Multi-Jurisdictional Hazard Mitigation Plan,Dubuque County............................................................................121
Murph's Tap.........................................................................................................................................................423
Alcohol Compliance Civil Penalty.....................................................................................................................277
Murphy,Paige,Membership Concierge Manager,Dubuque Area Chamber of Commerce................................537
Music and More Promotions...............................................................................................................................177
Musshafen,Maddie,John Deere Engineer............................................................................................................65
Mutual Aid Agreement-Jamestown Fire Department,Kieler,Wisconsin ..........................................................435
MyBrother's Keeper......................................................................................................................................30,216
Mystique Community Ice Center.........................................................................................................................445
N
Nadermann,Nick and Lindsy.................................................................................................................29,193,435
National Alliance of Preservation Commissions(NAPC) biennial FORUM...........................................................443
National Association for the Advancement of Colored People (NAACP)...............................................................SS
National Disaster Resiliency Housing Grant...........................................................................................................11
National Mississippi River Museum and Aquarium.....................................................................................372,44S
NationalPark Service...........................................................................................................................................435
National Register of Historic Places...........................................................................................5ee Eagle Point Park
Natural Gas Motor Vehicle Incentive Agreement..........................................................................................96,102
Nauman,Kristine M.and Randy 5.......................................................................................................................525
Neely Farren-Eller,Katrina,Inclusive Dubuque Network Coordinator................................................................551
Neely,Samaria, Northeast lowa Community College Outreach Coach .................................................................65
Neighbor's Tap.....................................................................................................................................................177
Nelson,Kathleen..................................................................................................................................................129
Nesteby,Craig........................................................................................................................................................71
Newt Marine Services.............................................................................................457,See D1MP Engine Solutions
NextPhase Bar.....................................................................................................................................................557
Ninethto Twelfth Streets......................................................................................................................................30
Ninneman,Gene Allen.........................................................................................................................................193
Ninth Street,300.................................................................................................................................224,255,256
Noel,LaVonne,Hospice of Dubuque Executive Director.....................................................................................515
Noise Ordinance Amendment.....................................................................................................................550,562
Nolan,Rebecca....................................................................................................................................................427
Non-Bargaining Unit Employees Compensation Package......................................................................................95
Noonan's Tap.......................................................................................................................................................177
Alcohol Compliance Civil Penalty.....................................................................................................................133
NorthCascade Road..............................................................................................................................................97
12204...............................................................................................................................................................274
14755...............................................................................................................................................................396
Developers,LLC..........................................................................................................................................44,506
North Crescent Ridge,175...................................................................................................See Requests to Rezone
North Grandview Avenue/Loras Boulevard.Intersection Improvements Project...............................................447
NorthMcFadden Farm ........................................................................................................................................277
Northeast lowa School of Music..........................................................................................................................367
NorthsideBar.........................................................................................................................................................72
Book 147 Regular Session, December 18, 2017 500
Norton,Craig D..........................................................................................................................................15,36,37
NoveltyIron Landlord,LLC...................................................................................................................................335
NoveltyIron Works..............................................................................................................................................335
NuncPro Tunc.....................................................................................................................................193,194,195
NW Arterial Hike/Bike Trail Phase 5 Project........................................................................................................519
0
O'Connor,Kerry.....................................................................................................................................................55
Oakland Farms Real Estate Company..................................................................................................................419
OaklandRidge Estates.................................................................................................................................439,479
Oaks,Daron.........................................................................................................................................................355
O'Brien,Aislinn....................................................................................................................................................414
Offer to Buy..................................................................................................................196,257,259,255,395,576
Officeof Auditor of the State..............................................................................................................................399
Official City Council Proceedings 2016................................................................................................................237
Oglesby Rambousek,Diane,Michael W.Oglesby Foundation President............................................................515
OkyDokytfl.................................................................................................................................................222,279
OkyDokytiS Foods......................................................................................................................................201,279
Alcohol Compliance Civil Penalty.....................................................................................................................241
Tobacco Compliance Civil Penalty...................................................................................................................242
Old Bellevue Road......................................................................................................................133,See Easements
Old Bellevue Road,Release Easement.................................................................................................................133
Old Highway Road,13S2S...........................................................................................34,See Voluntary Annexation
Oleson,Kathryn...................................................................................................................................................270
OliveGarden tf1516.............................................................................................................................................201
Olson,Chris............................................................................................................................................................16
OohLa La.............................................................................................................................................................275
OpeningDoors.......................................................................................................................................................72
OperatingEngineers Loca1234............................................................................................................................270
Operation:New View CommunityAction Agency.........................................................................................20,274
OpportunityDubuque .................................................................................................................................414,SSO
Ordinances
No.01-17 Amending City of Dubuque Code of OrdinancesTitle 2 Boards and Commissions,Chapter 6
Resilient CommunityAdvisory Commission,Section 2-6-7 Terms by settingthe initial terms and terms for
the members of the Commission...................................................................................................................17
No.02-17 AmendingTitle 16 of the City of Dubuque Code of Ordinances,Unified Development Code,by
reclassifying hereinafter described property,in conjunction with annexation,located at 13S2S Old Highway
Road from County R-2 Single-Family Residential District to City C-3 General Commercial District...............34
No.03-17 AmendingTitle 16 of the City of Dubuque Code of Ordinances,Unified Development Code,by
reclassifying hereinafter described property located along Cedar Cross Road from LI Light Industrial District
to C-3 General Commercial District...............................................................................................................36
No.04-17 Amending City of Dubuque Code of OrdinancesTitle 6 Health,Housing,Sanitation and
Environment,Chapter 5 Noises,Section 6-5-1 Prohibited Noises by Broadening the Scope of Prohibited
Noises............................................................................................................................................................56
No.05-17 Amending City of Dubuque Code of OrdinancesTitle 6 Health,Housing,Sanitation and
Environment,Chapter 5 Noises,Section 6-5-3 Exempt Noises by Removing the Disorderly Conduct
Exe m pt i o n......................................................................................................................................................56
No.06-17 Amending Ordinance No.59-16,previously amended,providing that General Property Taxes levied
and collected each year on all property located within the Greater powntown Urban Renewal District of
the City of Dubuque,County of Dubuque,State of lowa,by and for the benefit of the State of lowa,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
Urban Renewal Plan forthe Greater powntown Urban Renewal District...................................................102
No.06-17A Correcting and amending Ordinance No.6-17,Providingthat general propertytaxes levied and
collected each year on all Property Located within the Greater powntown Urban Renewal District of the
City of Dubuque,County of Dubuque,State of lowa,by and for the benefit of the State of lowa,City of
Dubuque,County of Dubuque,Dubuque Community School District,and other Taxing Districts,be paid to a
Book 147 INDEX 501
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
Urban Renewal Plan forthe Greater powntown Urban Renewal District...................................................205
No.07-17 Amending City of Dubuque Code of OrdinancesTitle 13 Public Utilities,Chapter 1 Water Use and
Service,Article C Rates,Section 13-1C-1(A) Residential,Commercial,Industrial,and All Other Uses........124
No.OS-17 Amendingthe City of Dubuque Code of Ordinances Title 13 Public Utilities Chapter 1 Water Use
and Service,Article C Rates Section 13-1C-2 Fire Sprinkler Service.............................................................124
No.09-17 Amending City of Dubuque Code of OrdinancesTitle 13 Public Utilities,Chapter 6 Solid Waste,
Article A City or Private Collection Service,Section 13-6A-6 Rates and Charges Established;Exceptions..126
No.10-17 Amendingthe City of Dubuque Code of Ordinances Title 13 Public Utilities,Chapter 2 Sewers and
Sewage Disposal,Article C Rates,Section 13-2C-3 Rates Established.........................................................125
No.11-17 Providingthat general propertytaxes levied and collected each year on all property located within
the South Pointe Housing Urban Renewal Area,in the City of Dubuque,County of Dubuque,State of lowa,
by and forthe benefit of the State of lowa,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 South Pointe Housing Urban Renewal Area ..........................................................140
No.11-17-A Correcting and amending Ordinance No.11-17,providing that general propertytaxes levied and
collected each year on all property located within the South Pointe Housing Urban Renewal Area of the
City of Dubuque,County of Dubuque,State of lowa,by and for the benefit of the State Of lowa,City of
Dubuque,County of Dubuque,Dubuque Community School District,and otherTaxing 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 Urban Renewal Plan for
the South Pointe Housing Urban Renewal Area..........................................................................................210
No.12-17 AmendingTitle 16 of the City of Dubuque Code of Ordinances,Unified Development Code,by
reclassifying hereinafter described property,in conjunction with annexation,located at 12451 Kennedy
Road from CountyAgricultural District to City R-1 Single-Family Residential and R-2 Two-Family Residential
Districts........................................................................................................................................................151
No.13-17 AmendingTitle 16 of the City of Dubuque Code of Ordinances,Unified Development Code,by
reclassifying hereinafter described property,in conjunction with annexation,located along Derby Grange
Road from CountyAgricultural District to City R-1 Single-Family Residential District.................................151
No.14-17 Providingthat general propertytaxes levied and collected each year on all property located within
the Derby Grange Road Housing Urban Renewal Area,in the City of Dubuque,County Of Dubuque,State of
lowa,by and for the benefit of the State of lowa,City of Dubuque,County of Dubuque,Dubuque
Community School District and otherTaxing 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 Derby Grange Road Housing Urban Renewal Area.............................156
No.14-17-A Correcting and amending Ordinance No.14-17,Providingthat general propertytaxes levied and
collected each year on all property located within the Derby Grange Road Housing Urban Renewal Area of
the City of Dubuque,County of Dubuque,State of lowa,by and for the benefit of the State of lowa,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 Urban Renewal Plan for
the Derby Grange Road Housing Urban Renewal Area................................................................................212
No.15-17 AmendingTitle 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-2 Two-Family Residential District to OR Office Residential District........................................204
No.16-17 Amending City of Dubuque Code of OrdinancesTitle 14 Building and Development,Chapter 1
Building Codes,Article 1 Property Maintenance Code,Section 14-11-3 Rental Licenses by replacingthe
reference to"Housing Code Appeals Board"with "Housing Board of Appeals:'........................................207
No.17-17 Amending City of Dubuque Code of OrdinancesTitle 1 Administration,Chapter 6 Mayor and City
Council Article A Rules and Procedure Section 1-6A-3 Types of Meetings by adding a new Section 1-6A-3(E),
Rescheduling of Regular Meetings...............................................................................................................232
No.15-17 AmendingTitle 16 of the City of Dubuque Code of Ordinances Unified Development Code by
reclassifying hereinafter described property on Chaplain Schmitt Island and the surrounding Mississippi
River and Peosta Channel from HI Heavy Industrial and CR Commercial Recreation District to PUD Planned
Unit Development with a PC Planned Commercial Designation..................................................................246
Book 147 Regular Session, December 18, 2017 502
No.19-17 AmendingTitle 16 of the City of Dubuque Code of Ordinances,Unified Development Code,by
reclassifying hereinafter described property located at 175 North Crescent Ridge from CS Commercial
Service and Wholesale District to C-3 General Commercial District............................................................250
No.20-17 AmendingTitle 16 of the City of Dubuque Code of Ordinances,Unified Development Code,by
reclassifying hereinafter described property located on Cedar Crest Court from CS Commercial Service and
Wholesale District to C-3 General Commercial District...............................................................................250
No.21-17 AmendingTitle 16,the Unified Development Code of the City of Dubuque Code of Ordinances by
rescinding Ordinances OS-79,43-91,26-92,and 94-92 which provide regulations for a PUD Planned Unit
Development District with a Planned Commercial Designation for Warren Plaza located at 3500 Dodge
Street and now being amended to allowfor a revision to the Sign Requirements within the PUD............251
No.22-17 AmendingTitle 16,the Unified Development Code of the City of Dubuque Code of Ordinances by
rescinding Ordinance 02-57 which provides regulations for a PUD Planned Unit Development District with a
Planned Commercial Designation forthe DuTrac Community Credit Union located at 3465 Asbury Road and
now being amended to allow for a revision to the screening requirements within the PUD......................253
No.23-17 Amending City of Dubuque Code of OrdinancesTitle 10 Public Ways and Property,Chapter 5 Parks
and Recreation,Article B Use Regulations,Sections 10-5B-2 Intoxicating Beverages,10-5B-4 Dogs,Cats and
Other pomestic Animals,10-5B-5 Walking on Grass,10-5B-7 Interfering with Animals,10-5B-16 Meetings
and Gatherings,10-5B-20 Compliance with Motor Vehicle Laws,Ordinances,10-5B-21 Removal of
Unattended Vehicles Left After Closing Hours,10-5B-22 Open Season and Hours Generally;Article C
Specific Parks,Open Spaces and Trails,Section 10-SC-1 Specific ParkAreas,Open Spaces,and Trails
Described;and Amending Article B Use Regulations byAdding Sections 10-5B-23 Watersports,Swimming,
and Wading and 10-5B-24 Prohibited Activities,Signage............................................................................262
No.24-17 Amending City of Dubuque Code of OrdinancesTitle 10 Public Ways and Property,Chapter 7 Boats
and Waterfront Structures,Section 10-7-13 Activities Prohibited..............................................................262
No.25-17 Amending Ordinance Nos.11-17 and 11-17-A,providingthat General PropertyTaxes levied and
collected each year on all property located within the South Pointe Housing Urban Renewal Area,as
amended and restated,in the City of Dubuque,County of Dubuque,State of lowa,by and for the benefit of
the State of lowa,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 orto be issued,incurred by said City in Connection with said
South Pointe Housing Urban Renewal Area ................................................................................................294
No.26-17 Amending Ordinance No.6-17 and 6-17-A,previously amended,providing that General Property
Taxes levied and collected each year on all property located within the Greater powntown Urban Renewal
District of the City of Dubuque,County of Dubuque,State of lowa,by and for the benefit of the State of
lowa,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 orto be issued,incurred by said City in connection with the
Amended and Restated Urban Renewal Plan for the Greater powntown Urban Renewal District ............295
No.27-17 Amending City of Dubuque Code of OrdinancesTitle 13 Public Utilities,Chapter 6,Solid Waste,
Article A City or Private Collection Service,Section 13-6A-4 Placement of Containers for Collection ........322
No.2S-17 Amending City of Dubuque Code of OrdinancesTitle 7 Police,Fire and Public Safety,Chapter 6
Animal Control,Article B Dogs and Cats,Sections 7-6B-1 Definitions,7-6B-2 Licensing;Tags and Fees,7-6B-
3 Keeping Cats or pogs on Unoccupied Residential Property Prohibited,7-6B-4 Harboring Vicious Dog or
Cat,7-6B-101mpoundment,Redemption and Disposition of Unclaimed Animals;Article C Rabies Control,
Sections 7-6C-1 Vaccination Required,7-6C-2 Confinement Authorized,7-6C-3 Reporting Rabies;Notice to
City Manager;Article D DangerousAnimals,Sections 7-6D-1 Definitions,Section 7-6D-4 Exceptionsto
Keeping and Licensing Restrictions;Article E Potentially Vicious Dogs,Section 7-6E-2 Procedure for
Declaration of Potentially Vicious Dog;and AmendingTitle 7,Chapter 6 byAdding a NewArticle F,Vicious
Dogsand Cats..............................................................................................................................................322
No.29-17 Amending City of Dubuque Code of OrdinancesTitle 7 Police,Fire and Public Safety,Chapter 5
Offenses,Article A General Offenses,Section 7-SA-10 Weapons, Firearms and Fireworks........................379
No.30-17 Amending City of Dubuque Code of OrdinancesTitle 7 Police,Fire and Public Safety,Chapter 5
Offenses,Article A General Offenses,Section 7-SA-16 Hunting and Target Practice Permitted.................379
No.31-17 Amending City of Dubuque Code of OrdinancesTitle 10 Public Ways and Property,Chapter 5 Parks
and Recreation,Article B Use Regulations,Section 10-5B-12 Possession of Firearms,Weapons and
Fireworks.....................................................................................................................................................379
No.32-17 Amending City of Dubuque Code of OrdinancesTitle 6 Health,Housing,Sanitation and
Environment,Chapter 4,Nuisances,Section 6-4-2 Definitions and Title 14 Building and Development,
Chapter 4 Licensing of Vacant and/orAbandoned Buildings,Section 14-14-1 Definitions.........................351
Book 147 INDEX 503
No.33-17 Amending City of Dubuque Code of OrdinancesTitle 9 Motor Vehicles and Traffic,Chapter 14
Parking,Division 7 Residential Parking Permit Program,Section 9-14-321.722 Residential Parking Permit
ProgramEstablished....................................................................................................................................352
No.34-17 Amending City of Dubuque Code of OrdinancesTitle 14 Building and Development,Chapter 1
Building Codes,Article A Building Code and Regulations,Section 14-1A-6 Building Code and Advisory
Appeals Board;Article D Electrical Code,Section 14-1D-3 Electrical Code Board;Article F Mechanical Code,
Section 14-1F-4 Mechanical and Plumbing Code Board;Article H Plumbing Code,Section 14-1H-7
Mechanical and Plumbing Code Board;Article 1 Property Maintenance Code,Sections 14-11-2 International
Property Maintenance Code Amendments and 14-11-7 Housing Board of Appeals....................................354
No.35-17 AmendingTitle 16 of the City of Dubuque Code of Ordinances,Unified Development Code,by
reclassifying hereinafter described property located at the end of Seippel Court from CS Commercial
Service and Wholesale District to AG Agricultural District...........................................................................401
No.36-17 Amending City of Dubuque Code of OrdinancesTitle 9 Motor Vehicles and Traffic,Chapter 7
Operation,Division 1 Traffic Signs,Signals and Markings,Section 9-7-321.257 Official Traffic Control Signals
tomirrorthe State Code..............................................................................................................................406
No.37-17 Amending City of Dubuque Code of OrdinancesTitle 7 Police,Fire and Public Safety,Chapter 6
Animal Control,Article D DangerousAnimals,Section 7-6D-4 Exceptionsto Keeping and Licensing
Restrictions..................................................................................................................................................430
No.3S-17 AmendingTitle 16 of the City of Dubuque Unified Development Code,by amending 16-5-5.10to
permit freestanding signsfor licensed adult day care services and licensed child care centers.................451
No.39-17 Amending City of Dubuque Code of OrdinancesTitle 11 Rights-of-Way,Chapter 1 Nonfranchised
Communications Systems............................................................................................................................453
No.40-17 Amending City of Dubuque Code of OrdinancesTitle 1 Administration,Chapter 6 Mayor and City
Council,Section 1-6-2 Compensation..........................................................................................................465
No.41-17 Amending City of Dubuque Code of OrdinancesTitle 15 Planning and Zoning,Chapter 2 Long Range
Planning Advisory Commission,Section 15-2-13 Powers............................................................................469
No.42-17 Amending City of Dubuque Code of OrdinancesTitle 9 Motor Vehicles and Traffic,Chapter 14
Parking,Division 7 Residential Parking Permit Program,Section 9-14-321.735 Residential Parking Permit
District C and Section 9-14-321.737 Residential Parking Permit District E..................................................490
No.43-17 AmendingTitle 16 of the City of Dubuque Code of Ordinances Unified Development Code by
rescinding Ordinance No.14-16 which provides regulationsfor the South Pointe PUD Planned Unit
Development District with a Planned Residential Designation and now being amended to re-designate 19
building lots along South Pointe Drive and Long Hollow Drive from Single-Family Detached Dwellingsto
TownhouseDwellings..................................................................................................................................510
No.44-17 AmendingTitle 16 of the City of Dubuque Code of Ordinances,Unified Development Code,by
reclassifying hereinafter described property located at the end of Inwood Avenue from R-1 Single-Family
Residential District to R-2 Two-Family Residential District..........................................................................559
No.45-17 Providingthat general propertytaxes levied and collected each year on all property located within
the Peru Road Urban Renewal Area of the City of Dubuque,County of Dubuque,State of lowa,by and for
the benefit of the State of lowa,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 orto be issued,incurred by said.............563
No.46-17 Repealing Ordinance No 59-10 which established Sister City Relationships Advisory Commission SS1
No.47-17 Amending City of Dubuque Code of OrdinancesTitle S Human Rights,Chapter 3,Unfair and
Discriminatory Practices,Section 5-3-4.......................................................................................................SS2
Orwoll,Greg,DuRide Executive Director.............................................................................................................217
P
Pagel,Michael,UFit Properties,LLC,Attorney....................................................................................................250
Palmer,Andy...............................................................................................................................................225,245
Panchero's Mexican Grill.....................................................................................................................................177
ParadiseDistilling Company................................................................................................................................222
ParisClimate Agreement.....................................................................................................................................347
Park and Recreation Advisory Commission
Applicants........................................................................................................................................254,343,377
Cross-representatives to Resilient Community Advisory Commission ..............................................................15
Minutes Submitted.......................................................................................21,66,129,333,414,502,516,567
Recomendation for projects or activities.........................................................................................................395
Book 147 Regular Session, December 18, 2017 504
ParkingLicense Agreement.................................................................................................................................371
Parks,Kate.......................................................................................................................................................15,19
ParoFood Mart............................................................................................................................................201,27S
Path Forward to Improved Air Quality 2017........................................................................................................535
Patient Protection and Affordable Care Act........................................................................................................509
PattersonComfort and Safety.................................................................................................................................6
Patterson,Bret,Patterson Comfort and Safety.......................................................................................................6
Paul's Tavern........................................................................................................................................................339
Pavement Marking Project.....................................................................................................69,202,229,235,33S
PBMAgreement..................................................................................................................................................151
Pelelo,Ann...................................................................................................................................................400,426
PennsylvaniaAvenue...........................................................................................................................................337
3275.............................................................................................................................................................11,70
Middle Road Culvert Replacement Project......................................................................................................524
Perez,Sergio..........................................................................................................................................................19
Perry,Jessica.............................................................................................................179,269,See Channing,Indigo
Perry,Judy,Community Foundation of Greater Dubuque Project H.O.P.E Coordinator.......................................65
PeruRoad............................................................................................................................................................352
UrbanRenewal Area................................................................................................................................561,563
UrbanRenewal District....................................................................................................................................531
PetData,Inc.........................................................................................................................................................421
Peterson Sr.,Joy,PVB of the Tri-State Coalition Against Human Trafficking.......................................................566
Peterson,Ryan,RDG Planning and Design Landscape Architect.................................................................246,409
Petitions
Citizen..................................................................................................................................................93,95,549
Countyresidents..............................................................................................................................................135
PetrakisField .........................................................................................................................................................94
Petsche,Angela,Crescent Community Health Center.........................................................................................332
Pfeiler,Sharon.......................................................................................................................................................40
Pfohl,Kevin..................................................................................................................................................449,465
Phase I-Seventeenth Street Storm Sewer Improvement Project........................................279,373,402,429,464
Phillips66/Arby's.........................................................................................................................................279,464
Pillar Design Studios...........................................................................................................................See Skate Park
Pinard St.,2499,Bee Branch Healthy Homes......................................................................................................424
PineStreet...........................................................................................................................................................341
PineStreet right-of-way.........................................................................................................................................65
Pins,Karen....................................................................................................................5ee Workers'Compensation
Pioneer's Rest Stop......................................................................................................................................275,279
PizzaHut tf4690.....................................................................................................................................................33
Plasticbag..............................................................................................................................................................SS
ReductionStrategy....................................................................................................................................SS,219
Usage.................................................................................................................................................................SS
Platof Survey...................................................................................................................................9,394,395,420
CedarRidge Farm Place No.15........................................................................................................................540
CreekWood Park.............................................................................................................................................336
D&E Rainbow Acres.......................................................................................................................................335
GantenbeinAcres No.2...................................................................................................................................415
Hurst Addition(Lots 1&2)......................................................................................................................557,579
JacksonStreet Right-of-Way............................................................................................................................195
JelinskePlace No.2..........................................................................................................................................439
KerperBlvd.Right-of-Way...................................................................................................................................9
Lot176A-17th Street......................................................................................................................................337
Marquette Hall Revitalization Project..............................................................................................................440
MelaDrive.........................................................................................................................................................22
Table Mound Mobile Home Park No.2 ...........................................................................................................237
WaldbilligFarm................................................................................................................................................505
WattersHomestead.........................................................................................................................................237
Plaza20................................................................................................................................................................272
Pollock,Lynn........................................................................................................................................................414
Book 147 INDEX 505
Pooler,Tionna,President of Independent Public Advisors of Des Moines..........................................................143
Portof Dubuque Marina................................................................................................................................55,201
Portland Cement Concrete Patching Project.........................................................................................................94
Portzen Construction,Inc.......................................................26,190,206,221,357,399,429,447,464,542,573
Potosi Monitor,monitoring standards................................................................................................................536
PowerCoatings,LLC...............................................................................................................................................43
Pre-Annexation Agreements
Barbara A.Gantenbein,Gantenbein Acres No.2 ............................................................................................415
Budde,Troy M.and Theresa A.(Key West Drive)............................................................................................197
E.M.Quade Company LLC...............................................................................................................................505
James L.and Laura V.Jelinske.........................................................................................................................420
John G.and Kelly L.Schlichte...........................................................................................................................393
McAII ister.........................................................................................................................................................504
McMahon,Michael J.and Rebecca M.(Twin Ridge Subdivision)....................................................................197
Oakland Farms Real Estate Company..............................................................................................................419
The Remainder of the Brimeyer Property..........................................................................................................46
Watters,Dennis,12204 North Cascade Road..................................................................................................274
PreferredHealth Choices.....................................................................................................................................334
Pregler,John..........................................................................................................................................................90
Presidential Disaster Declarations.......................................................................................................................353
Priebe,Thomas......................................................................................................................................................35
Proclamations
A City of Welcome and Opportunity................................................................................................................269
Apples for Students Months(June/July 2017).................................................................................................236
Arbor Day(April 2S,2017)...............................................................................................................................191
Arts and Humanities Month (October 2017)...................................................................................................453
Boy Scouts of America 100th Anniversary Week(September 17-23,2017)....................................................434
Crop Walk Day in Dubuque(October 1,2017).................................................................................................473
Days of Peace Proclamation (September 1-30,2017).....................................................................................457
Dubuque County Fair Week(July 25-30,2017) ...............................................................................................391
Dubuque Days of Caring(April 2S,2017).........................................................................................................191
Dubuque Noon Lions Club 95th Anniversary Week(May 5-15,2017).............................................................217
DuRide in Service to OlderAmericans Month(May 2017)..............................................................................217
Eradication of Generational Poverty Day(December 7,2017)........................................................................553
Gentleman Day Proclamation (October 26,2017)...........................................................................................502
Great Give Day Proclamation(May 11,2017).................................................................................................217
Historic Preservation Month(May 2017)........................................................................................................217
Hospice Month (November 2017)...................................................................................................................515
Human Slavery and Human Trafficking Prevention Month (January 2015).....................................................566
Human TraffickingAwareness Day(January 11,2015)....................................................................................566
Irish Hooley Music Festival Day(August 26,2017)..........................................................................................434
Irish-American Heritage Month(March 2017) ................................................................................................125
Israeli Music and Culture Week(November 6-10,2017).................................................................................515
Juneteenth Celebration Day(June 17,2017)...................................................................................................269
JuniorAchievement Day(April6,2017)..........................................................................................................125
Kids to Parks Day(May 20,2017)....................................................................................................................217
LGBTQ+Pride Month (June 2017)...................................................................................................................269
Lights on After School Day(October 26,2017)................................................................................................502
Make a Will Month (October 2017).................................................................................................................453
Mayor's Day of Recognition for National Service(April 4,2017).....................................................................145
Pancreatic Cancer Awareness Day(November 16,2017)................................................................................515
Philanthropy Day(November 15,2017)..........................................................................................................515
Play Ball Summer(June-August 2017).............................................................................................................236
Public Service Recognition Week(May 7-13,2017)........................................................................................215
Radon Action Month(January 2017)...................................................................................................................6
Revive Civility and Respect Month (May 2017)...............................................................................................236
Small Business Saturday(November 25,2017)...............................................................................................537
Summer Learning Day(July 13,2017)..............................................................................................................355
Book 147 Regular Session, December 18, 2017 506
The Month of the Young Child/Child Abuse Prevention Month (April 2017)&Week of the Young Child(April
23-29,2017).................................................................................................................................................145
Theisen's Day(October 1S,2017)....................................................................................................................502
Trick-or-Treat Night(October 31,2017)..........................................................................................................453
Professional Evaluations......................................................................................................................................409
Professional FirefightersAssociation,Local tf25....................................................................................................64
ProjectH.O.P.E............................................................................................................................................271,274
Projects
1100 South Grandview Avenue Storm Sewer..................................................................................................275
2016 Pavement Marking....................................................................................................................................69
AirportParking Lot...........................................................................................................................................573
Asphalt Overlay.........................................................................................................219,240,261,421,453,574
Avoca Street Storm Sewer Improvements.......................................................................................................520
BeeBranch Creek.....................................................................................................................................175,191
BeeBranch CreekTrail.....................................................................................................................................539
Bee Branch Watershed Flood Mitigation.................................................................................................353,45S
BP Pipeline Utility Relocation Reimbursement Agreement...............................................................................45
Brunskill Road Bridge Reconstruction Project,lowa DOT Project No.BROS-2100(659)-S1-31.........................45
Carnegie-Stout Public Library Maker Space.....................................................................................................505
Catfish Creek Interceptor Sewer Repair............................................................................................................47
City Hall HVAC Upgrade...........................................................................................................................235,243
DelmonacoDrive,Drain Tile................................................................................................................................5
Derby Grange Road Sanitary Sewer Extension.................................................................530,540,549,562,577
Dubuque County Courthouse Roof..................................................................................................................220
Dubuque County Flood Hazard Mapping.........................................................................................................335
Dubuque Initiatives-Release of City Loan Guarantee for Roshek Building.......................................................55
Dubuque RacingAssociation Improvement.....................................................................................................132
Dubuque Regional Airport Rental Car Parking Lot...........................................................................373,401,42S
Eagle Point Park Environmental Restoration...................................................................................................535
Eleventh and Alice Streets,Stair Replacement Project....................................................................................421
Eleventh Street 30-inch Forcemain..................................................................................................................364
Elm Street Reconstruction(9th to 12th Streets)................................................................................................30
English Mill and North Cascade Road........................................................................................................97,13S
EnglishMill Pump Station..................................................................................................................................46
Five Flags Theater Masonry Rehabilitation................................................................................77,100,1SS,519
GrandRiver Center..................................................................................................................................221,371
Grandview Avenue and Loras Boulevard..........................................................................275,341,401,425,573
Grant Wood Mississippi River Region Parksto People initiative,Mississippi Circuit.........................................16
Heritage Trail Head Parking Lot Improvements...............................................................................................446
Highway 20 Conduit.........................................................................................................................335,371,SOS
Highway 20 Corridor Landscape Assessment and Plan....................................................................................542
Jackson Park Street Lighting....................................................................................................................275,507
John F.Kennedy Road Ditch Improvements....................................................................................................520
Kerper Boulevard
Fi be r.............................................................................................................................................................507
Sanitary Sewer..........................................................................................................5,242,279,259,345,34S
Landfill Expansion Project(Cell9 Phase III) .....................................................................................................516
Lower Bee Branch Creek..................................................................................................................204,230,575
Mathias Ham House....................................................................................................................79,99,159,554
MetzBuilding Redevelopment........................................................................................................................463
Midtown Transfer and Catfish Creek Watershed PerviousAlley Construction ...............................................441
National Disaster Recovery(CDBG-NDR) Housing...........................................................................................450
Northwest Arterial and Chavenelle Road Left Turn Lane Improvement..........................................................395
NW Arterial Hike/Bike Trail Phase 5................................................................................................................519
PavementMarking..........................................................................................................................202,229,23S
Pennsylvania Avenue/Middle Road Culvert Replacement..............................................................................524
Roosevelt Street Water Tower........................................................................................................................530
Roosevelt WaterTower Planning and Design..................................................................................................450
Sanitary Sewer Cured-In-Place Pipe(CIPP)Lining.............................................................202,222,256,291,371
Book 147 INDEX 507
Seventeenth Street Storm Sewer Improvement..............................................................................373,402,429
Seventeenth Street/West Locust Street Storm Sewer Improvements............................................................337
SouthwestArterial.....................................................................................................................................43,232
SR Jackson Real Estate,LLC Warehouse Renovation.......................................................................................174
SRF Green Alley............................................................................................................................26,72,137,190
State Flood Mitigation Amendment to Funding..............................................................................................335
SW Arterial-Military Road to Olde Davenport Road East Grading.................................................................276
Timber Ridge/Rustic Point Water Main Extension 2017..........................................................223,256,290,371
Twenty-second Street/Kaufmann Avenue Storm Sewer Improvement ..........................................................337
University Avenue/Grandview Avenue Roundabout.....................................................................................395
UpperBee Branch Creek....................................................................................................................65,265,577
ValentinePark Expansion SRF..........................................................................................................................239
Water and Resource Recovery Center Upgrade................................................................................................95
Westside Water System Improvements..................................................................................................175,205
2017 Contract C Highway 20 Watermain Extension............................................................................252,345
Contract C Highway 20 Watermain Extension.............................................................................................357
Water Meter Replacement..................................................................................................................193,554
WindsorAvenue and Rhomberg Avenue Intersections Signalization..............................................................447
Windsor Avenue and Twenty-second Street...................................................................................................447
Windsor Avenue Sanitary Sewer Manhole Rehabilitation...............................................................................364
Zone 2 Water Pressure Improvements............................................................................................................352
Property Exchange Agreement-Creek Wood Park.............................................................................................195
Property Tax Abatement Applications...................................................................................................................69
PropertyTax Appeals...........................................................................................................................................371
PublicEmployment RelationsAct..........................................................................................................................63
Public Entity Risk Services'(PERS)........................................................................................................................541
Public Housing Agency(PHA)Plan.......................................................................................................................149
PublicSafety Dispatchers.....................................................................................................................................475
Public Works Department
JobRecertification...........................................................................................................................................415
Staffingrenaming position...............................................................................................................................356
Public,Educational,and Government(PEG)Capital......................................................................42,239,442,53S
Purchase of Property.....................................................................................................................90,136,196,575
Purchaseof Services..............................................................................................................................................56
Dubuque County lowa State University Extension ..........................................................................................367
FourMounds Foundation................................................................................................................................367
Northeast lowa School of Music......................................................................................................................367
Pusateri's...............................................................................................................................................................50
Q
Q Casino........................................................................................................................246,279,371,411,476,576
QHQProperties,LLC................................................................................................................................................6
Quade,Mark W.....................................................................................505,506,See Pre-Annexation Agreements
Quarterly Investment Report...............................................................................................................237,422,537
QueenStreet...........................................................................................................................90,99,440,445,465
QuitClaim Deed.....................................................................................................................................34,229,37S
R
Radtke,Bruce,President of Tri-State Shred ................................................................................................133,1S0
Rahe,Keith,President and CEO of the Travel Dubuque/Convention and Visitors Bureau............................40,SS1
Railroad...............................................................................275,See Chicago Central and Canadian Pacific Railroad
RailroadCulverts..................................................................................................................................................422
RainbowLounge..................................................................................................................................................510
Ratesand Charges
Bee Branch Greenway Rental Fee....................................................................................................................356
Jule Transit bus route changes/reductions......................................................................................................230
Municipal Parking Ramp/Lot Hourly Rate..........................................................................................................31
Book 147 Regular Session, December 18, 2017 508
Proposed Jule Transit Service Reductions and Changes..........................................................................177,205
Sewers and Sewage Disposal...........................................................................................................................125
SolidWaste......................................................................................................................................................126
VoluntaryDental Plan......................................................................................................................................541
Water,Residential and Industrial Use and All Other Uses...............................................................................124
Ravada,Chandra,East Central Intergovernmental Association(ECIA)Transportation Director.........290,425,535
RDGPlanning and Design ....................................................................................................................................542
Readings
First reading of Ordinances.........................................................................................17,135,331,432,549,550
Second reading of Ordinances.................................................................................................151,347,457,551
Third reading of Ordinances....................................................................................................................379,46S
RealEstate Contract................................................................................................................................................7
REAPgrant,agreement tf14-R4-AN.......................................................................................................................45
RECATgrant.........................................................................................................................................................230
Red Robin America's Gourmet Burgers&Spirits.................................................................................................464
Alcohol Compliance Civil Penalty.....................................................................................................................339
ReduceCarbon Emissions....................................................................................................................................457
Regan,Rachel......................................................................................................................................................250
RegentStreet...................................................................................................................................................90,99
Reimer,Jeff and Jill......................................................................................................................196,336,340,377
Reisdorf,Joseph...................................................................................................................................................453
Rejectionof Bids..................................................................................................................................................345
Release
City Loan Guarantee,Roshek Building Project...................................................................................................55
Claim in Estate................................................................................................................5ee Winger,Gerald 1.Sr.
RealEstate Mortgage ......................................................................................................................................200
Renewable natural gas supplies(„BioCNG")........................................................................................................366
Request to Amend
Planned Unit Development(PUD)at 3465 Asbury Road.................................................................................253
Planned Unit Development(PUD)at 3500 Dodge Street................................................................................251
Request to Rezone............................................................................................34,36,135,151,203,249,250,400
Block of Inwood Avenue,3900................................................................................................................549,SSS
Cedar Ridge Farm Place tf9(Tri-State Independent Blind Society)....................................................................36
Derby Grange Road(Jim Kress)................................................................................................................135,1S1
John F.Kennedy Road,12565(Derby Grange,LLC).................................................................................135,1S1
NorthCrescent Ridge,175...............................................................................................................................249
Northwest Corner of Asbury Road and Evergreen Drive.................................................................................203
OldHighway Road,13S2S..................................................................................................................................34
Property on Cedar Crest Court(PINtf 1034251031).........................................................................................250
Seippel Road,S1S0(Seippel Court Commercial Park).....................................................................................400
Reschedule City Council Meetings.......................................................................................................231,267,551
Residential Parking Permit Districts.....................................................................................................................351
Resilient Community Advisory Commission ..........................................................................................................SS
Applicants..........................................................................................................................................15,377,400
Minutes Submitted..................................................................................................................129,192,392,537
OrdinanceAmendment.....................................................................................................................................17
Recomendations..............................................................................................................................................53S
Resolutions
No.001-17 Authorizing a Purchase Agreement between the City of Dubuque and Dubuque Countyto allow
Dubuque County to purchase vehicle fuel from the City of Dubuque Municipal Services Center's Vehicle
RefuelingFacility..............................................................................................................................................6
No.002-17 Intent to amend the original contract for 2253 White Street to allow the City to perform the
survey and re-platting to consolidate the two parcels into a single parcel.....................................................7
No.003-17 Accepting the 2016 Delmonaco Drive Drain Tile Project and authorizing the payment to the
contractor........................................................................................................................................................S
No.004-17 Approving the Acquisition Plat of Lot 1B of Block 19,River Front Subdivision No.3,in the City of
Dubuque,lowa ................................................................................................................................................5
No.005-17 Approving plat of proposed vacated right-of-way of a portion of Kerper Boulevard adjacent to Lot
1 of Block 19 of River Front Subdivision No.3,in the City of Dubuque,lowa .................................................9
Book 147 INDEX 509
No.006-17 Approvingthe Contract for 2016 CDBG National Disaster Resiliency Housing Grant Administration
to East Central Intergovernmental Association.............................................................................................10
No.007-17 Approvingthe Contract for 2016 CDBG National Disaster Resiliency Housing Grant Administration
to East Central Intergovernmental Association.............................................................................................10
No.00S-17 Approvingthe contract for 2016 CDBG National Disaster Resiliency Housing Grant Administration
to Visiting Nurse Association.........................................................................................................................11
No.009-17 Approving a Storm Sewer Construction Agreement between the City of Dubuque,lowa and
ApplewoodIV,LLC.........................................................................................................................................11
No.010-17 Authorizing the filing of a Transportation Improvement Program Grant Application with the
Dubuque Metropolitan Area Transportation Study(DMATS)Surface Transportation Program(STP)to assist
with the funding of intersection improvements for UniversityAvenue"Overlap Section"between
Pennsylvania and Loras Boulevard as part of the East-West Corridor Improvements..................................12
No.011-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits............................................................................................................................13
No.012-17 Approving applicationsfor retail cigarette/tobacco sales/nicotine/vapor permits,as required by
lowaCode 453A.47A......................................................................................................................................13
No.013-17 Intent to vacate and dispose of City Interest in a portion of the right-of-way of Kerper Boulevard
adjacent to Lot 1 of Block 19 of River Front Subdivision No.3,to be known as Lot 1C of Block 19 of River
Front Subdivision No.3,in the City of Dubuque,lowa by sale to Giese Company LLP..................................14
No.014-17 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......................................................................................15
No.015-17 Approving a Solar Power Purchase Agreement and a Collateral Assignment Agreement between
the City of Dubuque,lowa and Eagle Point Solar Energy-5,LLC an lowa Limited Liability Company..........17
No.016-17 Authorizing the filing of a Transportation Improvement Program Grant Application with the
Dubuque Metropolitan Area Transportation Study(DMATS)Surface Transportation Block Grant (STBG)to
assist with the funding of intersection improvementsfor UniversityAvenue and Grandview Avenue as part
of the East-West Corridor Improvements......................................................................................................19
No.017-17 Accepting the Deed to certain real estate in Dubuque County,lowa from Stackis,LLC.................21
No.015-17 Approving the Plat of Survey for Lot 1 of Schramm Place in the City of Dubuque,lowa................22
No.019-17 Approving the Plat of Survey of Lot 1-1&Lot 2-1 of Stark Place in the City of Dubuque,lowa .....22
No.020-17 Accepting the SRF Green Alley Project Bid-Set 2 Year 3 and Authorizing the payment of the
contract amount to the contractor................................................................................................................23
No.021-17 Adopting the Final Assessment Schedule for the SRF Green Alley Project Bid Set 2 Year 3 ...........23
No.022-17 Accepting the SRF Green Alley Project-Bid set 3 Year 3 and authorizing the payment of the
contract amount to the contractor................................................................................................................26
No.023-17 Adopting the Final Assessment Schedule for the SRF Green Alley Project-Bid Set 3 Year 3 .........26
No.024-17 Accepting the Elm Street Reconstruction Project(9th to 12th)and authorizing the payment of the
contract amount to the contractor................................................................................................................30
No.025-17 Approvingthe contract for 2016 CDBG National Disaster Resiliency Infrastructure Grant
Administration to East Central Intergovernmental Association ....................................................................31
No.026-17 Authorizing the City Manager to adjust the fees and charges for the parking of motor vehicles in
themunicipal parking ramps.........................................................................................................................31
No.027-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits............................................................................................................................32
No.025-17 Disposing of City Interest in Lot 1C of Block 19 of River Front Subdivision No.3,in the City.........33
No.029-17 Vacating a portion of Kerper Boulevard Adjacent to Lot 1 Block 19 of River Front Subdivision No.
3,to be known as Lot 1C of Block 19 of River Front Subdivision No.3,in the City of Dubuque,lowa..........33
No.030-17 Approving an application for voluntary annexation of territory to the City of Dubuque,Iowa......35
No.031-17 Disposing of City interest in real property located at 1069 Vernon St.in the City of Dubuque,IA..36
No.032-17 Grant of Permanent Utility Easementsfor Southwest Arterial Project from Elizabeth Reuter.......43
No.033-17 Approving Amendments to the Section S Administrative Plan.......................................................43
No.034-17 Accepting Public Improvements in Timber-Hyrst Estates No.4 in the City of Dubuque,lowa.......44
No.035-17 Approving Fiscal Year 2017(Program Year 2016)Annual Action Plan Amendment 1 for Community
Development Block Grant(CDBG) Funds.......................................................................................................44
No.036-17 Approving the Notice of Use Restrictions related to Phase 4 of the lowa 32 Bike-Hike Trail.........45
Book 147 Regular Session, December 18, 2017 510
No.037-17 Approving Professional Engineering Design and Inspection Services Contract Between the City of
Dubuque and IIW,P.C.for the English Mill Road Pump Station and Water Main Extension to Vernon Water
System and Barrington Lakes Project............................................................................................................46
No.035-17 Approving an Agreement by and Between the city of Dubuque,lowa and Marlene L.Brimeyer
Providingforthe Annexation of Right-Of-WayAlong Kennedy Road and the Intersection of Derby Grange
Road,a Grant of Easement for Public Utilities for the Right-Of-Way Along Kennedy Road and the
Intersection of Derby Grange Road,a Pre-Annexation Agreement for the Remainder of the Brimeyer
Property;and Accepting the Grant of Easement and Approvingthe Pre-Annexation...................................46
No.039-17 Accepting Catfish Creek Interceptor Sewer Repair Project,Authorizing Payment .........................47
No.040-17 Accepting the Brunskill Road Bridge Reconstruction Project,lowa DOT Project No.BROS-2100
(659)-SJ-31,and Authorizing the Payment to the Contractor.......................................................................45
No.041-17 Approving a Phase I Design Utility Relocation Reimbursement Agreement with BP Pipelines(North
America),Incforthe relocation of a petroleum distribution pipeline associated with the east grading
project and the continued development and advancement of the Southwest Arterial Project....................45
No.042-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits............................................................................................................................49
No.043-17 Approving applicationsfor retail cigarette/tobacco sales permits,as required by lowa Code
453A.47A.......................................................................................................................................................49
No.044-17 Setting a public hearing on the Fiscal Year 2015(Program Year 2017)Community Development
Block Grant(CDBG)Annual Action Plan.........................................................................................................50
No.045-17 Fixing Date for a Meeting on the Proposition of the Issuance of not to Exceed$5,950,000 General
Obligation Bonds,Series 2017A of the City of Dubuque,State of lowa (For Essential Corporate Purposes),
and Providingfor Publication of Notice Thereof...........................................................................................51
No.046-17 Fixing Date for a Meeting on the Proposition of the Issuance of not to Exceed$10,250,000
General Obligation Urban Renewal Refunding Bonds,Series 2017B of the City of Dubuque,State of lowa
(for an Essential Corporate Purpose),and Providingfor Publication of Notice Thereof...............................51
No.047-17 Fixing Date for a Meeting on the Proposition of the Issuance of not to Exceed$2,200,000 Taxable
General Obligation Urban Renewal Refunding Bonds,Series 2017C of the City of Dubuque,State of lowa
(for an Essential Corporate Purpose),and Providingfor Publication of Notice Thereof...............................51
No.045-17 Resolution of Necessity Finding Certain Areas be Included Within Greater powntown Urban
Renewal District Meet the Definition of Blighted Area Under Urban Renewal Law,and Development of said
Area Is Necessary in Interest of Residents of the City of Dubuque,lowa,Setting Dates of Hearing,
Consultation on a Proposed Amended,Restated Urban Renewal Plan for Said District...............................53
No.049-17 Approving the Fourth Amendment to the Development Agreement Between the City of Dubuque,
lowa and Dubuque Initiatives........................................................................................................................55
No.050-17 Approvingthe Agreement Between the City of Dubuque,lowa,and the International Union of
Operating Engineers,Local tf234 and Authorizing the Mayor to Sign the Agreement ..................................60
No.051-17 Approving the Agreement Between the City of Dubuque,lowa,and the Teamsters Local Union
No.120(Bus Operators)and Authorizingthe Mayorto Sign the Agreement...............................................60
No.052-17 Approving the Agreement Between the City of Dubuque,lowa,and the Teamsters Local Union
No.120 and Authorizing the Mayor to Sign the Agreement .........................................................................61
No.053-17 Approvingthe Agreement Between the City of Dubuque,lowa,and Dubuque Professional
Firefighters Association,Local tf25 and Authorizing the Mayor to Sign the Agreement ...............................63
No.054-17 Adopting the Fiscal Year 2015(Program Year 2017)Community Development Block Grant(CDBG)
AnnualAction Plan.........................................................................................................................................64
No.055-17 Naming Depositories.......................................................................................................................67
No.056-17 Approving Agreement Between the City and B&M Properties&Storage,LLC.............................65
No.057-17 Accepting the 2016 Pavement Marking Project and authorizing the payment to the contractor..69
No.OSS-17 Approving Property Tax Abatement Applications Submitted by Property Owners in Recognized
Urban Revitalization Areas,Authorizing Transmittal of Approved Applications to City Tax Assessor...........69
No.059-17 Approving an Amendment to the Land Contract Between the City of Dubuque,lowa and Craig
Ne st e by..........................................................................................................................................................71
No.060-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits............................................................................................................................72
No.061-17 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
advertisementfor bids...................................................................................................................................72
Book 147 INDEX 511
No.062-17 Approvingthe preliminary plats,schedule of assessments and estimate of total cost forthe SRF
Green Alley Bid Set 4-Year 3 Project............................................................................................................72
No.063-17 Resolution of Necessity for the SRF Green Alley Bid Set 4-Year 3 Project.....................................72
No.064-17 Fixingthe date of public hearing on Resolution of Necessity.........................................................72
No.065-17 Setting public hearing on application for voluntary annexation of territoryto the City.................75
No.066-17 Resolution of Necessity FindingThat Certain Property in and Near the South Pointe 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,lowa,and Setting a Date for Hearing on a Proposed Urban Renewal Plan
forSaid District..............................................................................................................................................77
No.067-17 Five Flags Theater Masonry Rehabilitation Improvement Project;PreliminaryApproval of Plans,
Specifications,Form of Contract,and Estimated Cost;Setting Date of Public Hearing on Plans,
Specifications,Form of Contract,and Estimated Cost;and Orderingthe Advertisement for Bids................75
No.06S-17 Ham House Masonry Rehabilitation Improvement Project;PreliminaryApproval of Plans,
Specifications,Form of Contract,and Estimated Cost;Setting Date of Public Hearing on Plans,
Specifications,Form of Contract,and Estimated Cost;and Orderingthe Advertisement for Bids................79
No.069-17 Resolution of Necessity FindingThat Certain Property in and Near Rustic Point Estates and Timber
Ridge Estates 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,lowa,and Setting a Date for Hearing on a Proposed Urban
Renewal Plan for Said District........................................................................................................................79
No.070-17 Instituting proceedings to take additional action for the issuance of not to exceed$5,950,000
GeneralObligation Bonds..............................................................................................................................51
No.071-17 Directingthe advertisement for sale of$S,S30,000(dollar amount subject to change)General
Obligation Bonds,Series 2017A,and approving electronic bidding procedures...........................................51
No.072-17 Instituting proceedings to take additional action for the issuance of not to exceed$10,250,000
General Obligation Urban Renewal Refunding Bonds...................................................................................52
No.073-17 Directingthe advertisement for sale of$S,S30,000(Dollar amount subject to change)General
Obligation Bonds,Series 2017A,and approving electronic Bidding procedures...........................................52
No.074-17 Instituting proceedings to take additional action for the issuance of not to exceed$2,200,000
Taxable General Obligation Urban Renewal Refunding Bonds......................................................................53
No.075-17 Directingthe advertisement for sale of$2,155,00(dollar amount subject to change)Taxable
General Obligation Urban Renewal Refunding Bonds,Series 2017C,and approving electronic bidding
procedures.....................................................................................................................................................S3
No.076-17 Setting date for public hearing on FY201S Budget as amended forthe City of Dubuque..............SS
No.077-17 Setting the date forthe public hearing on the Five-Year Capital Improvement Program for Fiscal
Years 2015 through 2022 for the City of Dubuque........................................................................................SS
No.075-17 Approving the Third Amendment to the Purchase and Sale Agreement between the City of
Dubuque,lowa and Marquette Hall,LLC.......................................................................................................90
No.079-17 Resolution of Intent to dispose of an interest in real estate by Deed to Marquette Hall,LLC
pursuant to a Purchase and Sale Agreement between the City of Dubuque and Marquette Hall,LLC.........91
No.OSO-17 Authorizing LWCF Grant Application to lowa Department of Natural Resourcesfor
Implementation of Eagle Point Park Environmental Restoration Management Plan....................................94
No.OS1-17 Approving the compensation package for Non-Bargaining Unit Employees for Fiscal Year 2015..95
No.OS2-17 Accepting the Water and Resource Recovery Center Upgrade Project and authorizing the payment
of the contract amount to the contractor.....................................................................................................95
No.OS3-17 Approving the Preliminary Official Statement for the$S,S30,000(dollar amount subject to
change)General Obligation Bonds,Series 2017A,$10,105,000(dollar amount subject to change)General
Obligation Urban Renewal Refunding Bonds,Series 2017B and$2,155,000(dollar amount subject to
change)Taxable General Obligation Urban Renewal Refunding Bonds,Series 2017C..................................96
No.OS4-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits............................................................................................................................97
No.OSS-17 Setting the date for the public hearing on Amendment No.2 to the Fiscal Year 2017 Budget for
theCity of Dubuque.......................................................................................................................................97
No.OS6-17 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
advertisementfor bids...................................................................................................................................95
No.OS7-17 Disposing of an interest in real property by Deed pursuant to a Purchase and Sale Agreement
between the City of Dubuque and Marquette Hall,LLC................................................................................99
Book 147 Regular Session, December 18, 2017 512
No.OSS-17 Approval of plans,specifications,form of contract,and estimated cost for the Ham House
Masonry Rehabilitation Project...................................................................................................................100
No.OS9-17 Approval of plans,specifications,form of contract,and estimated cost for the Five Flags Theater
Masonry Rehabilitation Project...................................................................................................................100
No.090-17 Approvingthe Amended and Restated Urban Renewal Plan for the Greater powntown Urban
RenewalDistrict...........................................................................................................................................100
No.090-17A Nunc Pro Tunc correcting and amending a scrivener's error in certain legal descriptions included
in the Amended and Restated Urban Renewal Plan for the Greater powntown Urban Renewal District..193
No.091-17 Adoptingthe City of Dubuque Fiscal Year 201SAnnual Budget ...................................................122
No.092-17 Adopting the City of Dubuque Five-Year Capital Improvement Program.....................................122
No.093-17 Adopting the Five-Year Street Construction Program for Fiscal Years 2015—2022.....................124
No.094-17 Approving Third Amendment to Economic Development Financial Assistance Contract by and
among Green Industrial Supply,Inc.,the City,and lowa Economic Development Authority......................130
No.095-17 Authorizing the Mayor to Execute an application for a HUD Lead Paint Hazard Control and Healthy
HomesProgram grant..................................................................................................................................130
No.096-17 Adopting Supplement No.24 to the Code of Ordinances of the City of Dubuque,lowa..............132
No.097-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................133
No.095-17 Intent to vacate,dispose of City interest in Old Bellevue Rd.public right-of-way easement over
and across Lot 1 and Lot 2 of Gudenkauf Place and Lot 1 and Lot 2 of Twin Valley Place in the City..........134
No.099-17 Unassigned....................................................................................................................................136
No.100-17 Unassigned....................................................................................................................................136
No.101-17 Approvingthe Urban Renewal Plan for the South Pointe Housing Urban Renewal Area.............136
No.101-17A Nunc Pro Tunc correcting and amending a scrivener's error in certain legal descriptions included
in the Urban Renewal Plan forthe South Pointe Housing Urban Renewal District.....................................194
No.102-17 Approval of plans,specification,form of contract,and estimated cost for the SRF Green Alley Bid
Set4-Year3 Project....................................................................................................................................137
No.103-17 Resolution with respect to the Adoption of the Resolution of Necessity proposed for the SRF
Green Alley Project Bid Set 4-Year 3 Project..............................................................................................137
No.104-17 Approving the Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set
4-Year 3 Project..........................................................................................................................................137
No.105-17 Approval of plans,specifications,form of contract,and estimated cost for the Westside Water
System Improvements-English Mill and North Cascade Road Water Main Extension and the English Mill
RoadPump Station Project..........................................................................................................................135
No.106-17 Amendingthe current budget forthe Fiscal Year EndingJune 30,2017 as amended last on
September19,2016....................................................................................................................................135
No.107-17 Directingthe Sale of$5,495,000 General Obligation Bonds,Series 2017A..................................143
No.105-17 Directingthe sale of$9,745,000 General Obligation Urban Renewal Refunding Bonds,Series
2017 B...........................................................................................................................................................143
No.109-17 Directingthe Sale of$2,120,000 Taxable General Obligation Urban Renewal Refunding Bonds,
Series2017C................................................................................................................................................143
No.110-17 Authorizing redemption of outstanding General Obligation Bonds,Series 2009A(Taxable Build
America Bonds),of City of DBQ,State of lowa,dated November 10,2009,directing notice given............143
No.111-17 Authorizing the redemption of outstanding General Obligation Urban Renewal Bonds,Series
2009B(Taxable Build America Bonds),of the City of Dubuque,State of lowa,dated November 10,2009,
and directing notice be given ......................................................................................................................143
No.112-17 Authorizing the redemption of outstanding General Obligation Refunding Bonds,Series 2009C,of
the City of Dubuque,State of lowa,dated November 10,2009,and directing notice be given..................143
No.113-17 Authorizing the redemption of outstanding General Obligation Bonds,Series 2010A,of the City of
Dubuque,State of lowa,dated August 30,2010,and directing notice be given.........................................143
No.114-17 Authorizing the redemption of outstanding Taxable General Obligation Urban Renewal Bonds,
Series 2010B,of the City of DBQ,State of lowa,dated Aug.30,2010,and directing notice be given........143
No.115-17 Authorizing the redemption of outstanding General Obligation Urban Renewal Bonds,Series
2010C,of the City of Dubuque,State of lowa,dated August 30,2010,and directing notice be given.......143
No.116-17 Authorizing the Mayor to execute the Certification by State or Local Office of Public Housing
Agency(PHA)Plan's Consistency with the Consolidated Plan and Approval of the PHA Annual Plan ........149
Book 147 INDEX 513
No.117-17 Rescinding Resolution No.SS-17 and approving PropertyTax Abatement applications submitted
by property owners in recognized Urban Revitalization Areas and authorizingthe transmittal of the
approved Applications to the City Tax Assessor..........................................................................................150
No.115-17 Appointing Wells Fargo Corporate Trust Services of Minneapolis,Minnesota,to serve as Paying
Agent,Bond Registrar,and Transfer Agent,approvingthe Paying Agent and Bond Registrar and Transfer
Agent Agreement and authorizing the execution of the Agreement ..........................................................151
No.119-17 Authorizing and providingforthe issuance of$5,495,000 General Obligation Bonds,Series 2017A,
and levying a taxto pay said Bonds;approval of the Tax Exemption Certificate and Continuing Disclosure
Certificate....................................................................................................................................................152
No.120-17 Appointing Wells Fargo Corporate Trust Services of Minneapolis,Minnesota,to serve as Paying
Agent,Bond Registrar,and Transfer Agent,approvingthe Paying Agent and Bond Registrar and Transfer
Agent Agreement and authorizing the execution of the Agreement ..........................................................152
No.121-17 Authorizing and providingforthe issuance of$9,745,000 General Obligation Urban Renewal
Refunding Bonds,Series 2017B,and levying a tax to pay said Bonds;approval of the Tax Exemption
Certificate and Continuing Disclosure Certificate........................................................................................152
No.122-17 Appointing Wells Fargo Corporate Trust Services of Minneapolis,Minnesota,to serve As Paying
Agent,Bond Registrar,and Transfer Agent,approvingthe Paying Agent and Bond Registrar and Transfer
Agent Agreement and authorizing the execution of the Agreement ..........................................................152
No.123-17 Authorizing and providingforthe issuance of$2,120,OOOTaxable General Obligation Urban
Renewal Refunding Bonds,Series 2017C,and levying a taxto pay said Bonds;approval of the Continuing
DisclosureCertificate...................................................................................................................................152
No.124-17 Approving Fiscal Year 2017(Program Year 2016)Annual Action Plan Amendment 2 for Community
Development Block Grant(CDBG)funds.....................................................................................................174
No.125-17 Approving the Acquisition Plat of City Lot 3S6A in the City of Dubuque,lowa.............................174
No.126-17 Resolution in Support of a Workforce Housing Tax Incentive Program application to be submitted
to the lowa Economic Development Authority(IEDA)by Cohen Esreyfor Marquette Hall Project............175
No.127-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................176
No.125-17 Setting the date for a public hearing on Transit Fixed-Route Service Reductions........................177
No.129-17 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 orderingthe
advertisementfor bids.................................................................................................................................175
No.130-17 Approval of an Environmental Review as provided by SRF's Department of Natural Resourcesfor
the Westside Water System Improvements Project and ordering the advertisement for public notice.....179
No.131-17 Disposing of City interest in the Old Bellevue Road Public Right of Way Easement over and across
Lot 1 and Lot 2 of Gudenkauf Place and Lot 1 and Lot 2 of Twin Valley Place in the City of DBQ Iowa......150
No.132-17 Approving an application for voluntary annexation of territory to the City of Dubuque,Iowa....152
No.133-17 Approvingthe Urban Renewal Plan for the DerbyGrange Road Housing Urban Renewal Area ..155
No.133-17A Nunc Pro Tunc Correcting and amending a scrivener's error in certain legal descriptions included
in the Urban Renewal Plan forthe Derby Grange Road Housing Urban Renewal District...........................195
No.134-17 Awarding Public Improvement Contract for Five FlagsTheater Masonry Rehabilitation Project.lS9
No.135-17 Awardingthe Public Improvement Contract for Ham House Masonry Rehabilitation Project.....159
No.136-17 Awarding Public Improvement Contract for the SRF Green Alley Bid Set 4-Year 3 Project.........190
No.137-17 Approving a Property Exchange Agreement with Jeff and Jill Reimer forthe exchange of certain
real property in Dubuque County,lowa located along Creek Wood Drive..................................................196
No.135-17 Approving an Agreement for Purchase of Real Estate in the City of Dubuque,IA.commonly
referred to as The Historic Federal Building Post Office Parking Lot from the U.S.Postal Service..............196
No.139-17 Approving a Pre-Annexation Agreement between the City of Dubuque,lowa and Michael J.and
RebeccaM.McMahon.................................................................................................................................197
No.140-17 Approving a Pre-Annexation Agreement between the City of Dubuque,lowa and Troy M.and
TheresaA.Budde.........................................................................................................................................197
No.141-17 Approving Plat of Proposed Vacated Right-of-Way of a portion of Jackson Street adjacent to City
Lots 354,355,356,357,and the South Half of 3SS,said right of way being a part of City Lot 3S6A,in the
Cityof Dubuque,lowa.................................................................................................................................195
No.142-17 Approval of Grant Application to lowa DOT for Consolidated Funding ........................................199
No.143-17 Approvingthe Consultant Professional Services-Supplemental Agreement No.1S between
AECOM Technical Services,Inc.and the City of Dubuque for the completion of final Engineering Design
Phase of the Southwest Arterial Project......................................................................................................200
Book 147 Regular Session, December 18, 2017 514
No.144-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................200
No.144-17AApproving applications for retail cigarette/tobacco sales/nicotine/vapor permits,as required by
lowa Code Chapter 453A.47A......................................................................................................................200
No.145-17 Resolution of Intent to vacate and dispose of City interest in a portion of Jackson Street adjacent
to City Lots 354,355,356,357,and the south half of 3SS,said right of way being a part of City Lot 3S6A,in
the City of Dubuque,lowa to SR Jackson Real Estate LLC............................................................................202
No.146-17 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 orderingthe
advertisementfor bids.................................................................................................................................202
No.147-17 Approval of plans,specifications,form of contract and estimated cost for the Lower Bee Branch
Creek Floating Island Project.......................................................................................................................204
No.145-17 Accepting fixed-route service reductions......................................................................................205
No.149-17 Approval of Environmental Review as provided by SRF's Department of Natural Resources forthe
Westside Water System Improvement Project............................................................................................205
No.150-17 Awarding public improvement contract for Westside Water System Improvements-English Mill
and North Cascade Road Water Main Extension and the English Mill Road Pump Station Project.............206
No.151-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................215
No.152-17 Approving the Assignment of the Development Agreement between the City of Dubuque and
Bonson Block,LLC from Bonson Block,LLC to 1HTD Plaza,LLC....................................................................219
No.153-17 Approving the First Amendment to Lease Agreement between the City of Dubuque,lowa and
Dubuque County Historical Society.............................................................................................................220
No.154-17 AdoptingAssessment Schedule of unpaid snow and or ice removal charges,directing the Clerkto
certify to the DBQ County Treasurer for collection in the same manner as property taxes........................220
No.155-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................221
No.156-17 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 orderingthe
advertisementfor bids.................................................................................................................................222
No.157-17 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 orderingthe
advertisementfor bids.................................................................................................................................223
No.155-17 Fixingthe date a meeting on proposal to reallocate certain unspent proceeds of General
Obligation Bonds,Series 2012B,of City of Dbq.,lowa,and providing for publication thereof...................224
No.159-17 Resolution of Necessityfindingthat certain areas to be included within the Greater powntown
Urban Renewal District meet the definition of a blighted area underthe Urban Renewal Law,development
of said Area is necessary in the interest of the residents of the City,setting dates of hearing and
consultation on a proposed Amended and Restated Urban Renewal Plan for said District........................225
No.160-17 Resolution of Necessityfindingthat certain areas to be included within the South Pointe Housing
Urban Renewal Area meet the definition of an Economic Development Area underthe Urban Renewal Law,
and that development of said Areas are necessary in the interest of the residents of the City of Dubuque,
lowa,and setting dates of hearing and consultation on a proposed Amended and Restated Urban Renewal
Planfor said Area.........................................................................................................................................226
No.161-17 Establishing fair market value,directing good faith negotiations,setting public hearing concerning
the possible exercise of Eminent Domain authority bythe City of Dubuque to acquire land or rights in
agricultural land for a proposed site-specific public improvement project at 13102 Derby Grange Rd......227
No.162-17 Vacating a portion of Jackson St.adjacent to City Lots 354,355,356,357,and S.half of 3SS,said
right-of-way being a part of City Lot 3S6A,to be known as Lot 2 of City Lot 3S6A,in the City of Dbq.,Ia..22S
No.163-17 Disposing of City interest in Lot 2 of City Lot 3S6A,in the City of Dubuque,Iowa........................225
No.164-17 Approval of plans,specifications,form of contract and estimated cost for the 2017 Pavement
MarkingProject...........................................................................................................................................229
No.165-17 Awarding public improvement contract forthe Lower Bee Branch Creek Floating Island Project230
No.166-17 Amendingthe Chaplain Schmitt Island Master Plan.....................................................................230
No.167-17 Authorizing the City Manager and the CityAttorneyto settle claims against the City.................231
No.165-17 Approvingthe Plat of Survey of Watters Homestead in Dubuque County,lowa..........................237
Book 147 INDEX 515
No.169-17 Approving the Plat of Survey of Table Mound Mobile Home Park No.2 in City of Dubuque,IA..235
No.170-17 Awardingthe public improvement contract forthe 2017 Pavement Marking Project.................235
No.171-17 Catfish Creek Watershed Management SRF Application for Valentine Park Expansion Project...239
No.172-17 Rescinding Resolution No.210-16 which accepted a Grant of Permanent and Temporary
Easementsfrom Ronald L.Valentine and Marlene Valentine and Rescinding a Temporary Construction
Easement from Ronald L.Valentine and Marlene Valentine for the Southwest Arterial Project;and
Accepting a Grant of Permanent Utility Easement from Ronald L.Valentine and Marlene Valentinefor the
Southwest Arterial Project...........................................................................................................................239
No.173-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................242
No.174-17 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 orderingthe
advertisementfor bids.................................................................................................................................242
No.175-17 Fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General
Obligation Bonds,Series 2014B,of the City of Dubuque,lowa,and providingfor......................................244
No.176-171ntent to approve Agreement between the City of Dubuque and South Pointe,LLC and fixingthe
date for a public hearing on the proposed reimbursement of South Pointe,LLC for certain infrastructure
improvements as described in the Agreement with Urban Renewal Tax Increment Revenue and providing
for the publication of notice thereof...........................................................................................................244
No.177-171nstituting proceedingsto take additional action and approving the reallocation of certain unspent
proceeds of the General Obligation Bonds,Series 2012B,of the City of Dubuque,lowa ...........................255
No.175-17 Approval of plans,specifications,form of contract,and estimated cost for the FY17 Sanitary
Sewer Cured-in-Place Pipe(CIPP)Lining Project..........................................................................................256
No.179-17 Approval of plans,specifications,form of contract,and estimated cost for the Timber Ridge/Rustic
Point Water Main Extension 2017 Project...................................................................................................257
No.150-17 Approving a Redevelopment Project Agreement by and among the City of Dubuque,lowa,
Dubuque Initiatives,and Flexsteel Industries,Inc.......................................................................................257
No.151-17 Resolution of Intent to approve a Development Agreement between the City of Dubuque and
Flexsteel Industries,Inc.and fixingthe datefor a public hearing on the proposed issuance of Urban
Renewal Tax Increment Revenue Grant Obligations and providingforthe publication of notice thereof..257
No.152-17 Resolution of Intent to dispose of an interest in City of Dubuque real estate pursuant to an offer
to buy and acceptance between the City of Dubuque and Dubuque County,lowa and fixingthe date for a
public hearing and providing for the publication of notice thereof setting a public hearing for a meeting to
commence at 6:00 p.m.on June 5,2017 in the Historic Federal Building...................................................257
No.153-17 Authorizing the filing of an application for State Business Financial Assistance on behalf of
FlexsteelIndustries,Inc. ..............................................................................................................................260
No.154-17 Authorizing the filling of an application for State Business Financial Assistance on behalf of Wave
Reactions,Inc...............................................................................................................................................261
No.155-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................265
No.156-17 Authorizing the Cityto Collect Delinquent Grass and Weed Cutting and Garbage Collection
Charges in accordance with Title 6-4-3A;Title 6-4-SA and Title 6-4-5B of the Code of Ordinances of the City
ofDubuque,lowa........................................................................................................................................271
No.157-17 Accepting a Grant of Easement for Water Main through,over and across part of Lot 2 of Plaza 20
No.2,in the City of Dubuque,lowa.............................................................................................................272
No.1SS-17 Resolution of Support and Financial Commitment for the Main Street Program in Dubuque.....273
No.159-17 Approving a Pre-Annexation Agreement between the cityof Dubuque and Dennis Watters......274
No.190-17 Adopting Supplement No.25 to the Code of Ordinances of the City of Dubuque,lowa..............274
No.191-17 Approving the Amended lowa Department of Transportation Agreement for Traffic Safety
Improvement Program funding forthe City of Dubuque Grandview Avenue at Loras Boulevard Intersection
Improvements.............................................................................................................................................275
No.192-17 Approving the Cooperative Agreement(Agreement No.2017-16-146)between the City of
Dubuque and lowa Department of Transportation forthe Southwest Arterial-East Grading Project from
Military Road to Olde Davenport Road........................................................................................................276
No.193-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................277
Book 147 Regular Session, December 18, 2017 516
No.194-17 Approving applicationsfor retail cigarette/tobacco sales/nicotine/vapor permits,as required by
lowa Code Chapter 453A.47A......................................................................................................................277
No.195-17 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the
issuance of not to exceed$3,600,000 Sewer Revenue Capital Loan Notes of the City of Dubuque,lowa,and
providing for publication of notice thereof.................................................................................................250
No.196-17 of Intention to dispose of City-owned property,specifically,Lot 30 and the North 5 Feet of Lot 33
in 1.P.Schroeder's Addition to Dubuque,in the City of Dubuque,lowa,according to the recorded plat
thereof-2249 Harold Street.......................................................................................................................251
No.197-17 Fixingthe date for a public hearing on the proposed issuance of Urban Renewal Tax Increment
Revenue Obligations and the execution of a Development Agreement relating thereto with 210 Jones,LLC,
and providing for the publication of notice thereof....................................................................................251
No.195-17 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
advertisementfor bids.................................................................................................................................252
No.199-17 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the
issuance of not to exceed$10,200,000 Water Revenue Capital Loan Notes of the City of Dubuque,lowa,
and providingfor publication of noticethereof..........................................................................................253
No.200-17 Unassigned....................................................................................................................................255
No.201-17 Approving a Development Agreement between the City of Dubuque,lowa and Flexsteel
Industries,Inc.and approving the issuance of Urban Renewal Tax Increment Revenue Grant Obligations2S5
No.202-17 Disposing of an interest in real property by deed to Dubuque County,Iowa...............................255
No.203-17 Establishing Fair Market Value,directing good faith negotiations,and granting exercise of Eminent
Domain Authority bythe City of Dubuque to acquire land or rights in Agricultural Land for a site-specific
public improvement project at 13102 Derby Grange Road.........................................................................256
No.204-17 Approvingthe Amended and Restated Urban Renewal Plan for the South Pointe Housing Urban
RenewalArea...............................................................................................................................................257
No.205-17 Approving an Agreement between the City of Dubuque,lowa and South Pointe,LLC forthe
development of property in the South Pointe Urban Renewal Area...........................................................2SS
No.206-17 Approvingthe Amended and Restated Urban Renewal Plan for the Greater powntown Urban
RenewalDistrict...........................................................................................................................................2SS
No.207-17 Approval of plans,specifications,form of contract,and estimated cost for the Kerper Blvd.
Sanitary Sewer Reconstruction 2017 Project...............................................................................................259
No.20S-171nstituting proceedingsto take additional action and approving the reallocation of certain unspent
proceeds of the General Obligation Bonds Series 2014B,of the city of Dubuque,Iowa.............................259
No.209-17 Awardingthe public improvement contract forthe Timber Ridge/Rustic Point Water Main
Extension2017 Project................................................................................................................................290
No.210-17 Awarding public improvement contract forthe FY17 Sanitary Sewer Cured-In-Place Pipe(CIPP)
LiningProject...............................................................................................................................................291
No.211-17 Authorizing approval of the Final Plat of South Pointe Subdivision in the City of Dubuque,lowa291
No.212-17 Approvingthe Fifth Amendment to the Development Agreement between the City of Dubuque,
lowa and Novelty Iron Landlord,LLC...........................................................................................................335
No.213-17 Approving the Plat of Survey of D&E Rainbow Acres in the City of Dubuque,lowa.....................336
No.214-17 Approving Plat of Survey of Lot 1-2 and 2-2 of Timber-Hyrst Place tf2 in the City of Dbq.,la.......336
No.215-17 Approving Plat of proposed vacated right-of-way of 17�'St.between Elm St.and Pine St.,said
right-of-way being a part of City Lot 176A of East Dubuque Addition,in the City of Dbq.,la.....................337
No.216-17 Approving a Funding Agreement(2017-TS-015)with the lowa Department of Transportation for a
Traffic Safety Improvement Grant to assist with the construction of a proposed right-turn lane
improvement on Pennsylvania Avenue at the Northwest Arterial intersection..........................................337
No.217-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................339
No.21S-17 Approving applicationsfor retail cigarette/tobacco sales/nicotine/vapor permits,as required by
lowa Code Chapter 453A.47A......................................................................................................................339
No.219-17 Intent to dispose of an interest in City of Dubuque real estate located along Creek Wood Drive
pursuant to a Property Exchange Agreement between the City of Dubuque and Jeff and Jill Reimer and
fixing the date for a public hearing and providing for the publication of notice thereof............................340
No.220-17 Resolution of Intent to vacate and dispose of City interest in 17th Street between Elm Street and
Pine Street,said right-of-way being a part of City Lot 176A of East Dubuque Addition,in the City of
Dubuque,lowa to METX,LLC.......................................................................................................................341
Book 147 INDEX 517
No.221-17 Preliminary approval of plan,specifications,form of contract,and estimated cost;setting date of
public hearing on plans,specification,form of contract,and estimated cost;and ordering the
advertisementfor bids.................................................................................................................................341
No.222-17 Approving the sale of real estate specifically Lot 30 and the north 5 feet of Lot 33 in 1.P.
Schroeder's Addition to Dubuque in the City of Dubuque,lowa,accordingto the recorded plat thereof-
2249 Harold Street.......................................................................................................................................343
No.223-17 Approving a Development Agreement by and between the City of Dubuque,lowa and 210 Jones,
LLC providingfor the issuance of Urban Renewal Tax Increment Revenue Obligations forthe
Redevelopment of 210 Jones Street............................................................................................................344
No.224-17 Approval of plans,specifications,form of contract,and estimated cost for the Westside Water
System Improvements Hwy 20 Water Main Extension................................................................................345
No.225-171nstituting proceedingsto take additional action for the authorization of a Loan and Disbursement
Agreement and the Issuance of not-to-exceed$3,600,00 Sewer Revenue Capital Loan Notes..................345
No.226-171nstituting proceedingsto take additional action for the authorization of a Loan and Disbursement
Agreement and the issuance of not-to-exceed$10,200,000 Water Revenue Capital Loan Notes..............346
No.227-17 Rejecting competitive bid proposal received forthe Kerper Boulevard
Sanitary Sewer Reconstruction Project........................................................................................................345
No.22S-17 Series Resolution Authorizing and providing forthe issuance and securingthe payment of
$10,195,000 Water Revenue Capital Loan Notes,Series 2017 bythe City of Dubuque,lowa underthe
provisions of Chapter 3S4 of the Code of lowa,providing for a method of payment thereof,approving Loan
and Disbursement Agreement,and other related matters.........................................................................345
No.229-17 Authorizing an Amendment to the Funding Agreement between the City of Dubuque and the
State of lowa Flood Mitigation Board for the City's use of Sales Tax Increment Funding for the Bee Branch
Watershed Flood Mitigation Project............................................................................................................353
No.230-17 Approving addition of propertyto Declaration of Covenants,Conditions,Restriction,Reservations,
Easements,Liens and Charges covering property in Dubuque Technology Park.........................................357
No.231-17 Approvingthe addition of propertyto the Declaration of Covenants,Conditions,Restrictions,
Reservations,Easements,Liens and Charges covering property in Dubuque Industrial Center West,
Dubuque Industrial Center West 2nd Addition,Dubuque Industrial Center West Sth Addition,and Dubuque
Industrial Center North First Addition .........................................................................................................357
No.232-17 Series Resolution authorizing and providingfor the issuance and securingthe payment of
$3,495,000 Sewer Revenue Capital Loan Notes,Series 2017 by the City of Dubuque,lowa under the
provisions of Chapter 3S4 of the Code of lowa,providing for a method of payment thereof,approving Loan
and Disbursement Agreement,and other related matters.........................................................................355
No.233-17 Adopting the Schedule of Assessments for 2017 and directing the City Clerk to certify the
Schedule of Assessments to the County Treasurer and to publish notice thereof......................................362
No.234-17 Accepting a Grant of Easement for Water Main Utility through,over and across part of Lot 1 of
Hardie Place,and part of Lot 2-1-1-1 of the SE 1/4 of the SW 1/4 of Section 6,TSSN,R2E of the Sth PM,
DubuqueCounty,lowa................................................................................................................................364
No.235-17 Accepting Phase II of the 30-Inch Force Main Relocation Project from 11th Street to 12th Street
and authorizingthe payment of the contract amount to the Contractor....................................................364
No.236-17 Supporting participating in the Grant Wood Loop and Keep lowa Beautiful Home Town Pride
Program Partnership Program.....................................................................................................................365
No.237-17 Authorizing the City Manager to submit an application to the Federal Transit Administration Low-
or No-Emission Grant Program and to use budgeted funds and private businessfinancial commitments as
therequired local match..............................................................................................................................366
No.235-17 Approving the Assignment of the Development Agreement Between the City of Dubuque and 73
CHS Forwards,LLC from 73 CHS Forwards,LLC to Barker Financial, LLC.....................................................367
No.239-17 Approvingthe advance of funds for repayment from the Dubuque Industrial Center Urban
Renewal (TIF) Revenue and directing the filing of certification under la.Code Section 403.19..................365
No.240-17 Approvingthe advance of funds for repayment from the Greater powntown District Urban
Renewal (TIF) Revenue and directing the filing of the certifications under la.Code Section 403.19 ..........369
No.241-17 Approvingthe advance of funds for repayment from the Derby Grange Road Housing Urban
Renewal (TIF) Revenue Fund and directingthe filing of certification under la.Code Section 403.17.........369
No.242-17 Approvingthe advance of funds for repayment from the South Pointe Housing Urban Renewal Tax
Increment Revenue Fund and directingthe filing of certification under lowa Code Section 403.17 ..........370
No.243-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................372
Book 147 Regular Session, December 18, 2017 518
No.244-17 Approving applicationsfor retail cigarette/tobacco sales/nicotine/vapor permits,as required by
lowa Code Chapter 453A.47A......................................................................................................................372
No.245-17 Dubuque Airport Rental Car Parking Lot Project 2017 PreliminaryApproval 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...............373
No.246-17 Phase I 17th Street Storm Sewer Improvements 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 orderingthe advertisement for bids...............374
No.247-17 Intent to Dispose of an Interest in City Of Dubuque Real Estate pursuant to an easement granted
bythe City Of Dubuque to Black Hills/lowa Gas Utility Company,LLC DBA Black Hills Energyto facilitate
connection of the gas system being constructed by BRD Three,LLC at the Water Resource and Recovery
Center to Black Hill Energy's Dubuque Gas Distribution System and fixingthe date for a public hearing and
providing for the publication of notice thereof...........................................................................................375
No.24S-17 Resolution of Necessityfindingthat certain property 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,lowa,and
setting a date for hearing on a proposed Amendment No.1 to the Urban Renewal Plan..........................376
No.249-17 Disposing of an interest in real property by Deed to Jeff and Jill Reimer.....................................377
No.250-17 Vacating a portion of E.17th Street between Elm Street and Pine Street,to be known as Lot 176A
of East Dubuque Addition,in the City of Dubuque,Iowa............................................................................375
No.251-17 Disposing of City interest in Lot 176A of East Dubuque Addition,in the City of Dubuque, Iowa..37S
No.252-17 Awarding Public Improvement Contract for Westside Water System Improvements Contract C:
Hwy20 Water Main Extension ....................................................................................................................357
No.253-17 Approving a Pre-Annexation Agreement between the City of Dubuque,lowa and John G.and Kelly
L.Schlichte...................................................................................................................................................393
No.254-17 Approving the Plat of Survey of Linwood-Burden Avenue Place No.2 in the City of Dbq.,la. .....394
No.255-17 Approving the Plat of Survey of Lot 1-1&Lot 2-1 of Dubuque Industrial Center West 2nd Addition
inthe City of Dubuque,lowa.......................................................................................................................395
No.256-17 Approvingthe Final Plat of East Dubuque No.3,in the City of Dubuque,lowa ...........................395
No.257-17 Accepting the Northwest Arterial/Chavenelle Intersection Left Turn Lane Improvements Project
and authorizing the final payment to the contracto....................................................................................395
No.255-17 Accepting a Grant of Easement for Water Main Utility Through,Over and Across Part of Lot 1A-2 E
%SW Fract.%&NW Fract.%SW%,and part of Lot 1-2 E%SW Fract.%&NW Fract.%SW%,all in Section
7,TSSN,R2E of STH P.M.,Dubuque County,lowa......................................................................................396
No.259-17 Approving a Phase II Construction Utility Relocation Reimbursement Agreement with BP Pipelines
(North America),Inc.forthe relocation of a petroleum distribution pipeline associated with the East
Grading Project and the continued development and advancement of the Southwest Arterial Project....397
No.260-17 Approving the lowa Department of Transportation Agreement for Traffic Safety Improvement
Program Funding for the City of Dubuque University Avenue and Grandview Avenue intersection
improvements.............................................................................................................................................395
No.261-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................399
No.262-17 Approval of plans,specifications,form of contract,and estimated cost for the Dubuque Regional
Airport Rental Car Parking Lot Project 2017................................................................................................401
No.263-17 Approval of plans,specifications,form of contract,and estimated cost for the Grandview Avenue
&Loras Boulevard Intersection Improvement Project................................................................................402
No.264-17 Approval of plans,specifications,form of contract,and estimated cost for the Phase 1 17�'Street
storm Sewer Improvements Project............................................................................................................402
No.265-17 Disposing of an interest in City of Dubuque real estate pursuant to an Easement Granted bythe
City of Dubuque to Black Hills/lowa Gas Utility Company,LLC dba Black Hills Energyto facilitate connection
of the gas system being constructed by BRD Three,LLC at the Water Resource&Recovery Center to Black
Hills Energy's Dubuque Gas Distribution System.........................................................................................402
No.266-17 Authorizing approval of the Final Plat of Rustic Point Estates in the City of Dubuque,Iowa........404
No.267-17 Approving the Acquisition Plat of Lot A of Lot 2,Lot B of Lot 2,and Lot C of Lot 2,in Tscharner
Place No.4,in the City of Dubuque,Dubuque County,lowa ......................................................................405
No.26S-17 Adoptingthe Fiscal Year 2015(Program Year 2017)Community Development Block Grant(CDBG)
AnnualAction Plan.......................................................................................................................................415
No.269-17 Authorizing REAP Grant application to lowa Department of Natural Resourcesfor Phase 2 of Eagle
Point Park Environmental Restoration Management Plan..........................................................................416
Book 147 INDEX 519
No.270-17 Approving an Agreement by and between the City of Dubuque,lowa and Eileen C.Coates
providingfor the installation of a sanitary sewer across Coates'property and accepting a Grant of
Permanent Easement for the purpose of constructing and maintaining the sanitary sewer......................416
No.271-17 Approving a Verified Claim pursuant to lowa Code Sec.614.24 to renew Declaration of Covenants,
Conditions,Restrictions,Reservations,Easements,Liens and Charges for property in Dubuque Industrial
Center West,Dubuque Industrial Center West 2nd Addition,Dubuque Industrial Center West Sth Addition,
and Dubuque Industrial Center North First Addition...................................................................................417
No.272-17 Approving a Verified Claim pursuant to lowa Code Sec.614.24 to Renew Declaration of
Covenants,Conditions,Restrictions,Reservations,Easements,Liens and Chargesfor Property in Dubuque
TechnologyPark...........................................................................................................................................417
No.273-17 Approving a Pre-Annexation Agreement between the City of Dubuque,lowa and Barbara A.
Gantenbein..................................................................................................................................................419
No.274-17Approving a Pre-Annexation Agreement between the City of Dubuque,lowa and Oakland Farms
RealEstate Company...................................................................................................................................419
No.275-17 Approving a Pre-Annexation Agreement between the City of Dbq.,IA.and James L.and Laura V.
Jelinske.........................................................................................................................................................420
No.276-17 Approvingthe lowa Department of Transportation Agreement for lowa Clean AirAttainment
Program Grant for the City of Dubuque 1F.Kennedy Rd.and NW Arterial Right-Turn Lane Improvement.420
No.277-17 Accepting the 2017 Asphalt OverlayAccess Ramps Project One and authorizingthe payment of
the contract amount to the contractor........................................................................................................421
No.27S-17 Naming Depositories.....................................................................................................................422
No.279-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................422
No.250-17 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the
issuance of not to exceed$475,000 Water Revenue Capital Loan Notes of the City of Dubuque,lowa.....423
No.251-17 Preliminary approval of plans,specifications,form of contract,and estimated cost;setting date of
public hearing on plans,specification,form of contract,and estimated cost;and ordering the
advertisementfor bids.................................................................................................................................424
No.2S2-17 ApprovingAmendment No.1 to the Urban Renewal Plan forthe Derby Grange Road Housing
UrbanRenewal Area....................................................................................................................................426
No.2S3-17 Awarding public improvement contract for Dbq.Airport Rental Car Parking Lot Project 2017....425
No.2S4-17 Awarding public improvement contract forthe Grandview Avenue and Loras Boulevard
Intersection Improvement Project...............................................................................................................425
No.255-17 Awarding public improvement contract,Phase I-Seventeenth Street Storm Sewer Improvement
Pr oj e ct..........................................................................................................................................................429
No.256-17 Authorizing the City Manager to execute contracts and leases on behalf of City of Dbq.............430
No.2S7-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................433
No.2SS-17 Amendingthe original Resolution,approved on June 15,2015,said Resolution Approving and
Authorizing a Loan and Disbursement Agreement with the lowa Finance Authority,Authorizing,Providing
forthe Issuance of Stormwater Utility Revenue Capital Loan Notes,Series 2015B,in orderto provide
funding of a sponsored project under the terms of a new Series 2015B Note to be issued in the principal
amount of$30,941,000,which includes approval of a Supplemental Tax Exemption Certificate...............435
No.2S9-17 Authorizing the Cityto collect delinquent garbage collection charges in accordance with Title 6-4-
3A;Title 6-4-SA and Title 6-4-5B of the Code of Ordinances of the City of Dubuque,lowa........................436
No.290-17 Approvingthe City of Dubuque Fiscal Year 2017 City Street Financing Report ............................435
No.291-17 Authorizing the submission of a Consolidated Annual Performance and Evaluation Report(CAPER)
forthe period commencing July 1,2015 and concluding June 30,2016.....................................................439
No.292-17 Unassigned....................................................................................................................................440
No.293-17 Approving the Plat of proposed vacated alley between Regent Street and Queen Street in Sanford
Subdivision,in the City of Dubuque,Iowa...................................................................................................440
No.294-17 Authorization to submit a Clean Water SRF Sponsorship Program application to provide funding
forthe Midtown Transfer and Catfish Creek Watershed PerviousAlley Construction Project ...................441
No.295-17 Approving commitment of matchingfundsfor an application to the lowa Finance Authority(IFA)
for State Housing Trust Funds......................................................................................................................442
No.296-17 Authorization to submit a Clean Water SRF Sponsorship Program application to provide funding
forthe Eagle Point Park Environmental Restoration Project.......................................................................442
Book 147 Regular Session, December 18, 2017 520
No.297-17 Authorizing CLG Grant application to State Historic Preservation Office for Scholarships for
Historic Preservation Commissioners to attend National Preservation Conference...................................443
No.295-17 Approving the Notice of Use Restrictions related to REAP Grant Agreement tf17-R4-ED for
Valentine Park Expansion-Roepsch Property.............................................................................................444
No.299-17 Authorizing the filing of Accelerated Innovation Deployment(AID)Demonstration Application
with Federal HighwayAdministration(FHWA) in partnership with lowa Department of Transportation
(IADOT)and Dubuque Metropolitan Area Transportation Study(DMATS)to assist with the funding of Smart
Traffic Routing with Efficient and Effective Traffic Signals(STREETS) Improvements .................................444
No.300-17 Authorizing the filing of a grant application with the lowa Department of Transportation for
Traffic Safety Improvement Program funding for the City of Dubuque to assist with the funding of Smart
Traffic Routing with Efficient and Effective Traffic Signals(STREETS) Improvements .................................445
No.301-17 Authorizing the Mayor to execute an application for the Continuum of Care Grant and authorizing
the Director of Housing and Community Development and the City Managerto approve the application 446
No.302-17 Accepting the Heritage Trail Head Parking Lot Project and authorizing the payment of the contract
amount to the contractor............................................................................................................................446
No.303-17 Establishing the compensation of the City Attorney.....................................................................447
No.304-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................447
No.305-17 Setting the date for the public hearing on Amendment No.1 to the Fiscal Year 2015 Budget for
theCity of Dubuque.....................................................................................................................................445
No.306-17 Resolution of Intent to vacate the alley between Regent Street and Queen Street in Sanford
Subdivision,to be knows as Lot 34A of Sanford Subdivision,in the City of Dubuque,lowa .......................445
No.307-17 Instituting Proceedings to take additional action authorization for a Loan and Disbursement
Agreement and the issuance of not-to-exceed$475,000 Water Revenue Capital Loan Notes...................450
No.305-17 Approving an Agreement between the City of Dubuque,lowa and Timber Ridge Estates,LLC for
the development of property in the Derby Grange Road Housing Urban Renewal Area Economic
DevelopmentDistrict...................................................................................................................................452
No.309-17 Accepting a Grant of Easement for Traffic Signal,Electric,and Fiber Optics Utilities across part of
the Southeasterly 71'of Lot 36 in Cook's Addition,City of Dubuque,lowa ................................................455
No.310-17 Authorizing the Mayor to execute an application forthe HUD Family Self-Sufficiency Program
Grant and authorizing the Director of Housing and Community Development and the City Managerto
approvethe application...............................................................................................................................459
No.311-17 Approving and authorizing a Form of Interim Loan and Disbursement Agreement by and between
the City of Dubuque and the lowa Finance Authority,and authorizing and providingfor the issuance and
securing the payment of$475,000 Water Revenue Capital Loan Notes Anticipation Project Note,Series
2017,of the City of Dubuque,lowa,under the provisions of the Code of lowa,and providing for a method
ofpayment of said Note..............................................................................................................................459
No.312-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................464
No.313-17 Approving applicationsfor retail cigarette/tobacco sales/nicotine/vapor permits,as required by
lowa Code Chapter 453A.47A......................................................................................................................464
No.314-17 Vacating the alley between Regent Street and Queen Street in Sanford Subdivision,to be known
as Lot 34A of Sanford Subdivision,in the City of Dubuque,Iowa................................................................465
No.315-17 Amendingthe current budget forthe Fiscal Year EndingJune 30,2015......................................466
No.316-17 Setting a public hearing on 2017 imagine Dubuque Comprehensive Plan setting a public hearing
for a meetingto commence at 6:00 p.m.on September 1S,2017 in the Historic Federal Building............470
No.317-17 Unassigned....................................................................................................................................472
No.31S-17 Approvingforthe benefit of Dubuque Yacht Basin,Inc.and in favor of Citizens State Bank of La
Crosse,Wisconsin a Landlord Consent,Open-End Real Estate Mortgage,Assignment of Leases and Rents,
General Business SecurityAgreement,and Fixtures Disclaimer..................................................................472
No.319-17 Adopting Supplement No.26 to the Code of Ordinances of the City of Dubuque,Iowa..............475
No.320-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................476
No.321-17 Setting A public hearing on Amending Residential Parking Permit District C to include both sides of
Saint Ambrose between Clarke Drive and Sunnyview Drive and District E to include both sides of Auburn
Street between North Grandview and Dexter Street..................................................................................476
Book 147 INDEX 521
No.322-17 Adoptingthe 2017 Comprehensive Plan.......................................................................................475
No.323-17 Approvingthe Final Plat of Oakland Ridge Estates in Dubuque,County,lowa.............................479
No.324-17 Authorizing the execution of a contract for State Business Financial Assistance by and among
Flexsteel Industries,Inc.,the City of Dbq.IA.,and the lowa Economic Development Authority(IEDA) .....450
No.325-17 Authorizing the Filing of an Application for State Business Financial Assistance on Behalf of
HeartlandFinancial,USA,Inc.......................................................................................................................451
No.326-17 Adoptingthe South Port of Dubuque Brownfield Area Wide Use Plan.........................................453
No.327-17 Authorizing the filing of an lowa Clean Air Attainment Program Application with the lowa
Department of Transportation (IADOT)in partnership with Dubuque Metropolitan Area Transportation
Study(DMATS)to assist with the funding of Smart Traffic Routing with Efficient and Effective Traffic Signals
(STREETS)Improvements.............................................................................................................................454
No.325-17 Accepting a grant of Easement for Water Main Utility through,over and across part of Lot 1 of
Forest Ridge EstatesThird Addition,Dubuque County,Iowa......................................................................455
No.329-17 Accepting the 2017 Asphalt Overlay Access Ramps Project Two and Authorizing the payment of
the contract amount to the contractor........................................................................................................455
No.330-17 Adopting the Final Assessment Sched ule-Sidewalk Repair.........................................................456
No.331-17 Authorizing the filing of an lowa Clean Air Attainment Program Application with the lowa
Department of Transportation (IADOT)with sponsorship provided bythe City of Dbq.to assist with funding
of EPA Certified Towboat Enginesthat reduce carbon emissions and improve regional air quality...........457
No.332-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................4SS
No.333-17 Approving and authorizing an Amendment to Loan and Disbursement Agreement by and between
the City of Dubuque and the lowa Finance Authority,and Authorizing and providingforthe reissuance of
the$571,000 Water Revenue Capital Loan Note,Series 2017(2007—Rate Reset),of the City..................491
No.334-17 Resolution of the City Council of the City of Dubuque,lowa Affirming Its Support of The Federal
HistoricTaxCreditProgram.........................................................................................................................494
No.335-17 Resolution of the City Council of the City of Dubuque,lowa Affirming its Support of the State and
LocalTax(Salt) Deduction............................................................................................................................494
No.336-17 Approving a Development Agreement by and between the City of Dubuque,lowa and Metx,LLC
providingfor the issuance of Urban Renewal Tax Increment Revenue Obligationsfor the redevelopment of
1690 Elm Street...........................................................................................................................................495
No.337-17 Approving a Development Agreement by and between the City of Dubuque,lowa and SS Event
Center,LLC providing forthe issuance of Urban Renewal Tax Increment Revenue Obligationsfor the
redevelopment of 101 East 15th Street.......................................................................................................499
No.335-17 Approving a Development Agreement by and between the City of Dubuque,lowa and Rouse and
Dean Foundry Building,LLC for the redevelopment of 990 Washington Street..........................................501
No.339-17 Naming Depositories.....................................................................................................................504
No.340-17 Approving a Pre-Annexation Agreement between the City of Dubuque,lowa and PatrickT.and
Bonnie1.McAllister.....................................................................................................................................504
No.341-17 Approving a Pre-Annexation Agreement between the City of Dubuque,lowa and Mark W.Quade
and E.M.Quade Company,LLC,an lowa Limited Liability Company..........................................................505
No.342-17 Accepting the Deed to certain real estate in Dubuque County,lowa from North Cascade Road
Developers,LLC............................................................................................................................................506
No.343-17 Accepting a Grant of Easement for Sanitary Sewer Utilitythrough,over and across part of Lot 2 of
Asbury Plaza No.16,City of Dubuque,Iowa................................................................................................506
No.344-17 Accepting the Jackson Park Street Lighting Project and authorizing the payment of the contract
amount to the contractor............................................................................................................................507
No.345-17 Accepting the Highway 20 Conduit-Wacker Drive to Hill Street Project and authorizing the
payment of the contract amount to the contractor....................................................................................505
No.346-17 Accepting the Carnegie-Stout Public Library Maker Space Project and authorizingthe payment to
thecontractor..............................................................................................................................................505
No.347-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................509
No.34S-17 Resolution of the City of Dubuque approving an authorization of the City Manager orthe City
Manager's designee to file and release liens on properties participating in the Lead Hazard Control and
HealthyHomes Grant..................................................................................................................................517
Book 147 Regular Session, December 18, 2017 522
No.349-17 Resolution of the City of Dubuque approving an authorization of the City Manager orthe City
Manager's designee.....................................................................................................................................515
No.350-17 Accepting the Five FlagsTheater Masonry Rehabilitation and authorizing the payment of the
contract amount to the contractor..............................................................................................................519
No.351-17 Accepting the lowa 32 Hike/Bike Trail Phase 5 Project and authorizing the payment of the
contract amount to the contractor..............................................................................................................519
No.352-17 Rescindingthe approval of the authorizing of filing an lowa Clean Air Attainment Program
application with the lowa Department of Transportation(IADOT)in partnership with Dubuque
Metropolitan Area Transportation Study(DMATS)to assist with the funding of Smart Traffic Routing with
Efficient and Effective Traffic Signals(STREETS) Improvements..................................................................520
No.353-17 Authorizing the filing of an application for State Business Financial Assistance on behalf of
Cottingham&Butler,Inc.............................................................................................................................521
No.354-17 Approving a Funding Agreement with the City of Asbury for the Pennsylvania Avenue/Middle
Road Culvert Replacement Project..............................................................................................................524
No.355-17 Approving the Cooperative Agreement(Agreement No.2015-16-065)between the City of
Dubuque and lowa Department of Transportation forthe Southwest Arterial-East Grading Project from
Catfish Creekto Military Road.....................................................................................................................525
No.356-17Approvingthe preconstruction FundingAgreement(Agreement No.201S-12-066)betweenthe
Cityof Dubuque...........................................................................................................................................526
No.357-17 Approving the First Amendment to the Agreement between the City of Dubuque,lowa and the
Community Housing Initiatives....................................................................................................................525
No.355-17 Accepting a Grant of Easement for Water Main Utility through,over and across Part of Lot 9 of
Barrington Lakes No.3,Dubuque County,Iowa..........................................................................................525
No.359-17 Supporting Cohen-Esrey application for low-income housing tax credit for Central Avenue historic
residences....................................................................................................................................................529
No.360-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................530
No.361-17 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 orderingthe
advertisementfor bids.................................................................................................................................530
No.362-17 Resolution of Necessityfindingthat certain property near 32^d and Jackson Sts.is an Urban
Renewal Area,meets the definition of a Blighted Area underthe Urban Renewal Law,and that
development of said area is necessary in the interest of the residents of the City of Dbq.,IA.,authorizing
and directingthe City Managerto prepare an Urban Renewal Plan for Peru Road Urban Renewal Area,
setting dates of hearing,consultation on a proposed Urban Renewal Plan for said Area...........................531
No.363-17 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal
Plan for the Greater powntown Urban Renewal District,And Setting dates of hearing and consultation on a
proposed Amended and Restated Urban Renewal Plan for said District.....................................................532
No.364-17 Approvingthe Fiscal Year 2017 Urban Renewal Report for the City of Dubuque.........................537
No.365-17 Authorizing REAP Grant Agreement with lowa Department of Natural Resources for Phase 2 of
Eagle Point Park Environmental Restoration Management Plan.................................................................535
No.366-17 Authorizing DMATSTAP Grant application for Bee Branch CreekTrail Phase I............................539
No.367-17 Approving the Brownfields Cleanup Cooperative Grant Agreement between the U.S.
Environmental Protection Agency and the City of Dubuque,lowa forthe cleanup of the former Blum Scrap
Yard and Recycling Facility at 411 E.15th Street for the Bee Branch Watershed Flood Mitigation Project 539
No.365-17 Approving the Plat of Survey Lot L and Lot M Cedar Ridge Farm Place No.15 in City of DBQ,IA.540
No.369-17 Accepting a Grant of Easement for Sanitary Sewer Utilitythrough,over and across part of Lot 1 of
the Southwest Quarter of the Southwest Quarter of Section 9,Township S9 North,Range 2 East of the Sth
P.M.,in the County of Dubuque,Iowa.........................................................................................................541
No.370-17 Approving a Second Amendment to the Economic Development Final Assistance Contract by and
among Design Mill,Inc.,the City of Dubuque,and the lowa Economic Development Authority...............542
No.371-17 Accepting the SRF Green Alley Project Bid Set 4-Year 3 and authorizing the payment of the
contract.......................................................................................................................................................543
No.371-17A Adopting the Final Assessment Schedule for the SRF Green Alley Project Bid Set 4-Year 3.....543
No.372-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................546
Book 147 INDEX 523
No.373-17 Fixingthe date for a public hearing of the City Council of the City of Dubuque,lowa on the
proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the disposition of City owned
real estate relating to a previously approved Development Agreement with Metx,LLC,and providing for
the publication of notice thereof.................................................................................................................547
No.374-17 Fixing the date for a public hearing of the City Council of the City of Dubuque,lowa on the
proposed issuance of Urban Renewal Tax Increment Revenue Obligations relating to a previously approved
Development Agreement with SS Event Center,LLC and providing for the publication of notice thereof.545
No.375-17 Approval of plans,specifications,form of contract,and estimated cost for the Derby Grange
Sanitary Sewer Extension Project................................................................................................................550
No.376-17 Accepting the Ham House Masonry Rehabilitation and authorizingthe payment of the contract
amount to the contractor............................................................................................................................554
No.377-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................556
No.375-17 Resolution of Intent to vacate Plat of Lot 1 and Lot 2 of Hurst Addition,in the City of Dubuque,
lowa comprised of Lot 31 through Lot 36 of O'Neill's Addition in the City of Dubuque,lowa....................557
No.379-17 Approvingthe issuance of Urban Renewal Tax Increment Revenue Obligations and the disposition
of City-owned real estate pursuant to the Development Agreement between the City of Dubuque,lowa
andMetx,LLC..............................................................................................................................................559
No.3S0-17 Approvingthe issuance of Urban Renewal Tax Increment Revenue Obligations relatingto a
previously approved Development Agreement with SS Event Center,LLC.................................................560
No.3S1-17 Approvingthe Amended and Restated Urban Renewal Plan for the Greater powntown Urban
RenewalDistrict...........................................................................................................................................560
No.3S2-17 Approvingthe Urban Renewal Plan for the Peru Road Urban Renewal Area...............................561
No.353-17 Awarding Public Improvement Contract for Derby Grange Sanitary Sewer Extension Project.....562
No.3S4-17 Accepting a gift of fundsfrom Veteran's Memorial Plaza For the maintenance,care,and
expansion of the Chaplain Schmitt Island Veteran's Memorial Plaza and authorizing the sale of additional
pavers to be used for the Chaplain Schmitt Island Veteran's Memorial Plaza or any Veteran's Memorial
withinthe City of Dubuque..........................................................................................................................567
No.355-17 Adopting the Schedule of Assessments for 2017 and Directing the City Clerk to Certify the
Schedule of Assessments to the County Treasurer and to publish notice thereof......................................565
No.356-17 Adopting Supplement No.27 to the Code of Ordinances of the City of Dubuque,Iowa..............570
No.357-17 Approving a First Amendment to the Economic Development Financial Assistance Contract by and
among Kunkel&Associates,Inc.,the City,and the lowa Department of Economic Development ............571
No.3SS-17 Approvingthe lowa Department of Transportation Agreement for use of local agency roads as
detoursforthe Southwest Arterial Overpass Bridge over US Highway 20..................................................572
No.359-17 Approving the First Amendment to the Development Agreement between the City of Dubuque,
lowa and Giese Manufacturing Company,Inc.............................................................................................572
No.390-17 Accepting the Grandview Avenue&Loras Boulevard Intersection Improvement Project and
authorizingthe payment of the contract amount to the contractor...........................................................573
No.391-17 Accepting the Dubuque Airport Parking Lot Repair Project 2016 and authorizing the payment of
the contract amount to the contractor........................................................................................................573
No.392-17 Accepting the 2017 Asphalt OverlayAccess Ramps Project Three and authorizingthe payment of
the contract amount to the contractor........................................................................................................574
No.393-17 Approvingthe Plat of Survey of Jelinske Place No.2 in Dubuque County,lowa...........................439
No.394-17 Accepting the 2017 Asphalt Overlay Access Ramps Project Four and authorizing the payment of
the contract amount to the contractor........................................................................................................574
No.395-17 Accepting the Lower Bee Branch Creek Floating Island Project and authorizing the payment of the
contract amount to the contractor..............................................................................................................575
No.396-17 Approving the acquisition of real estate owned by Lawrence G.and Debra 1.Lyon in the City of
Dubuque......................................................................................................................................................576
No.397-17 Approving applicationsfor beer,liquor,and/or wine permits,as required by City of Dubuque Code
of OrdinancesTitle 4 Business and License Regulations,Chapter 2 Liquor Control,Article B Liquor,Beer and
Wine Licensesand Permits..........................................................................................................................577
No.39S-17 Approving applicationsfor retail cigarette/tobacco sales/nicotine/vapor permits,as required by
lowa Code Chapter 453A.47A......................................................................................................................577
No.399-17 Intent to dispose of an interest in real property owned by the City of Dubuque by lease between
the City of Dubuque,lowa and Southwestco Wireless,Inc.d/b/a Verizon Wireless...................................575
Book 147 Regular Session, December 18, 2017 524
No.400-17 Approving the vacation of the Plat of Survey of Lot 1 and Lot 2 of Hurst Addition,in the City of
Dubuque,lowa,and Approving the use of the former Legal description,namely: Lot 31,Lot 32,Lot 33,Lot
34,Lot 35 and Lot 36 of O'Neill's Addition in the City of Dubuque,Iowa....................................................579
No.401-17 Approving an Amended Agreement between the City of Dubuque,lowa and Dubuque Area
Convention and Visitors Bureau..................................................................................................................SSO
No.402-17 Approvingthe Consultant Professional Services-Supplemental Agreement No.19 between the
City of Dubuque and AECOM Technical Services,Inc.to perform final engineering design to complete the 4-
lane construction of the Southwest Arterial Project ...................................................................................SS3
Resource Enhancement and Protection (REAP)Grant...................................................................................45,516
Valentine Park Expansion—Notice of Use Restrictions...................................................................................443
Ressler,Amy..........................................................................................................................................66,426,450
Reuter,Elizabeth ...................................................................................................................................................43
Rezoning of Chaplain Schmitt Island............................................................................................................173,245
RhombergAvenueBridge......................................................................................................................................41
RichardHouse B&B,The........................................................................................................................................33
Richard Taft 1512 LLC............................................................................................................................................70
Ricondo,Kristen...................................................................................................................................................134
Ries,Alicia............................................................................................................................................................215
Riniker,Brian,Derby Grange,LLC................................................................................................................135,405
Riniker,Dave........................................................................................................................................................150
RisingStars Award...............................................................................................................................................473
Ritt,Marvin and Mary..........................................................................................................................................149
RiverRat Vapes......................................................................................................................................................49
RMNLounge..........................................................................................................................................................14
Roa-Baerga,Jasmine....................................................................................5ee DARE Essay Contest Award W inner
Roberts St.,671,Bee Branch Healthy Homes......................................................................................................424
RockdaleRoad.....................................................................................................................................2SS,291,510
RolingSanitation,LLC..............................................................................................................................................6
Ron's Discount Smokes and Beverage Center.............................................................................................279,464
Ron's 5 Point Mart.......................................................................................................................................177,279
RooseveltPark.....................................................................................................................................................277
RooseveltRoad....................................................................................................................................................352
Roosevelt Street WaterTower Project........................................................................................423,450,459,530
Root,J ud ie...........................................................................................................................................................333
Roshek Building.....................................................................................................................................55,491,494
RotaryClub of Dubuque................................................................................................................................14,27S
Roth,Luke............................................................................................................................................254,343,377
Rott,Marvin and Mary........................................................................................................................................149
Roundabout intersections-University-Loras,University-Asbury,and University-Pennsylvania...........................12
Rouse and Dean Foundry Building,LLC...........................................................................501,See Letter of Support
Roussell,Laura...............................................................................................................................................15,191
Russell,Rich.....................................................................................................................................................15,19
RusticPoint Lane.................................................................................................................................................405
$
Sabers,Robert.....................................................................................................................................................150
Sacred Heart
Church .............................................................................................................................................................465
School Property..............................................................................................440,445,465,See 2222 Queen St.
SafetyNational....................................................................................................................................................334
Sainci,Anderson,Named Millennial Impact Fellow ............................................................................................129
Saint Ambrose Street Residential Parking Permit District C........................................................................476,490
Sale of Communications Systems and transfer of conduit
fro m AT&T Co rpo rat io n...................................................................................................................................132
Saleof Property...................................................................................................................................................250
HaroldStreet,2249..................................................................................................................................250,343
MarquetteHall,LLC.....................................................................................................................................91,99
VernonStreet,1069 ..........................................................................................................................................36
Book 147 INDEX 525
Salsa's Mexican Restaurant .................................................................................................................................133
Sam's Club tf4973.........................................................................................................................................279,556
Sanitary Sewer Cured-In-Place Pipe(CIPP)Lining Project............................................................222,256,291,371
Sanitary Sewer Extension Easement Agreement-Coates Property....................................................................416
Santjer,Merle and Mary......................................................................................................................................102
Schauer,Christina,Mercy Hospital......................................................................................................................551
Schiesl,Jay.............................................................................................................................................................16
Schlichte,John G.and Kelly L...............................................................................................................................393
Schmid,Richard (Dick)-Schmid Innovation Center....................................................................................232,290
Schminkey,Courtney...........................................................................................................................................270
Schmitt,Fr.Aloysius Herman...............................................................................................................................565
Schmitt,Judy,Day of Peace Committee Member...............................................................................................457
Schmitz,David .............................................................................................................................................453,514
Schreiner,James..................................................................................................................................................333
Schultz,Paul........................................................................................................................19,66,93,434,435,47S
ScottPrinting.......................................................................................................................................................129
Seippel Road,S1S0...............................................................................................................See Request to Rezone
SELCO,Inc..............................................................................................................................................69,235,33S
Self Insured Services Company(SisCo)................................................................................................................334
SelserSchaefferArchitects................................................................5eefive hundred si�Rythree(563) Design LLC
Serna,Dora..................................................................................................................................................377,400
Settlement Agreements
Ainley Kennels Fabrication,Inc........................................................................................................................371
Central lowa WaterAssociation (CIWA)and Barrington Lakes............................................................................5
PowerCoatings,LLC...........................................................................................................................................43
QHQProperties,LLC............................................................................................................................................6
Workers'Compensation..................................................................................................................463,504,541
Seventeenth Street,Lot 176A................................................................................................337,See Plat of Survey
Seventeenth Street/West Locust Street Storm Sewer Improvements Project....................................................337
Seventy-three CHS Forwards LLC.........................................................................................................................367
Sewer Utility Revenue Capital Loan Notes...........................................................................................................250
Sewershed 10 Manhole Projects.........................................................................................................................464
Shannon,Shirley,DuRide.......................................................................................................................................66
Shannon's Bar and Grill........................................................................................................................................423
Shaw,Brett....................................................................................................................................................S0,371
Shear,Berry,CEO of Eagle Point Solar...................................................................................................................17
Shenanigan's Pub,LLC.................................................................................................................................222,27S
ShiveHattery Inc..................................................................................................................................................403
ShotTower Inn ....................................................................................................................................................201
Sid's Beverage Store,Inc..............................................................................................................................275,423
Siegert,Gina ........................................................................................................................................................453
Siegert,William A.and Janet L.........................................................................................................................34,35
Signed Contracts.............................................................96,175,200,277,371,422,447,463,476,509,530,577
Sister City Relationships Advisory Commission ...................................................................................................SSO
Applicants....................................................................................................................................33,55,245,2S4
Code of Ordinances-Repealing.......................................................................................................................551
Minutes Submitted..........................................................................................................129,149,270,453,553
SixteenthStreet...........................................................................................................................................221,371
Sixteenth Street Detention Basin.........................................................................................................175,204,264
SkatePark......................................................................................................................................................55,542
SkillsGap Analysis................................................................................................................................................550
SkinnyMeginny's.................................................................................................................................................547
Skrocki,Aaron and Ashley...........................................................................................................................453,503
SkyBlue Estates subdivision................................................................................................................................352
Smart Traffic Routing with Efficient and Effective Traffic Signals(STREETS).......................................444,445,4S4
Smart,Emily,HR Green .......................................................................................................................................332
SmarterTravel Project.........................................................................................................................................425
SMG.....................................................................................................................................................195,230,479
Smokestack,The..........................................................................................................................177,275,464,4S9
Book 147 Regular Session, December 18, 2017 526
Alcohol Compliance Civil Penalty.....................................................................................................................372
Soft D ri n k Agree ment..........................................................................................................................See Coca-Co la
Solar Power Purchase Agreement.........................................................................................................................17
Source of Income(SOI)........................................................................................................................16,37,43,SS
South Grandview Avenue Storm Sewer Project............................................................................................32,275
SouthPointe Drive...............................................................................................................................................291
South Pointe HousingTax Increment Financing Development Agreement.................................................244,2SS
South Pointe Housing Urban Renewal Area ...........................................77,136,140,194,210,226,257,293,370
South Pointe Planned Unit Development(PUD)..................................................................................................510
South Pointe Subdivision Final Plat.....................................................................................................................291
SouthPointe,LLC.........................................................................................................................................245,2SS
South PortArea Wide Use Plan...........................................................................................................................453
Southwest Arterial................................................................................................................200,232,452,534,565
(U.S.52)Project.......................................................................................................................................232,3S9
4-Lane Construction.........................................................................................................................................553
East Grading Project from Catfish Creekto Military Road...............................................................................525
Interchange-U.S.20 Mainline Dual Bridges Project......................................................................................526
Interchange Bridge Over US Highway 20.........................................................................................................572
Military Road to Olde Davenport Road East Grading Project..........................................................................276
Transferof Jurisdiction......................................................................................................................................93
Southwestco Wireless Inc.d/b/a Verizon Wireless.............................................................................................575
Southwood,Brian,Dubuque Racing Association Vice President.........................................................................246
Sovern,Kent,lowa State Director of AARP Community,State and National Affairs...........................................479
Specht,Leah ..........................................................................................................................................................19
Special Events Permit Application Booklet..........................................................................................................131
Specia101ympic W inter Games..............................................................................................................................20
Specificand Aggregate Stop Loss........................................................................................................................335
Spence,Gil.....................................................................................................................................................99,134
SpencerGifts,LLC................................................................................................................................................279
Splinter,Heather.................................................................................................................................................455
SportstersPub&Grub.................................................................................................................................133,215
Springer,Melissa,MercyTurning Point Treatment Center.................................................................................347
Spyrison,Douglas................................................................................................................................................567
SR Jackson Real Estate,LLC..........................................................................................................174,195,202,22S
SRF Green Alley Projects
BidSet 2-Year 3.................................................................................................................................................23
Bid Set 3-Yea r 3................................................................................................................................................26
Bid Set 4-Year 3.................................................................................................................72,137,190,221,542
BidSet 4-Year 3...............................................................................................................................................542
SS Event Center,LLC....................................................................................................................See Steeple square
St.Ambrose University........................................................................................................................352,390,392
St.MarkYouth Enrichment..................................................................................................................................1SS
Stackis,LLC.............................................................................................................................................................21
Stafford St.,2613,Bee Branch Healthy Homes...................................................................................................424
Stair Replacement Project-11�'and Alice Streets..............................................................................................421
StarCommunity...................................................................................................................................................535
Starbucks,KAD 2016,LLC....................................................................................................................................272
StartUp Dubuque................................................................................................................................................550
State and Local Tax(SALT)Deduction..................................................................................................................496
State H isto rica I Society of lowa.............................................................................................................................67
State Legislative Priorities 2015...........................................................................................................................551
State of lowa Annual Financial Report.................................................................................................................537
State of lowa Application for Business Financial Assistance................................................................................260
WaveReaction,Inc..........................................................................................................................................260
Stateof the City Address.....................................................................................................................................469
State Revolving Fund(SRF)...................................................................175,205,239,355,423,441,442,450,459
StateSummit on Opioids.....................................................................................................................................335
Statera Integrated Health and Wellness Solutions................................................................................................23
Steeple Square..............................................................................................................133,221,445,499,545,560
Book 147 INDEX 527
Former St.Mary's church and rectory buildings..............................................................................................221
Steger,Loren........................................................................................................................................................150
Steinhauser,Cindy-City Manager Frankfort Kentucky.......................................................................................267
Steve's Ace Home&Garden................................................................................................................................577
Stewart,John,Former Multicultural Family Center Board President..................................................................479
Stewart,R.R.S........................................................................................................................................S5,457,553
Stewart,Sydney...................................................................................................................................................453
Stewart,Terry,Former Fountain of Youth Program Vice President....................................................................553
Stillings,Christian.........................................................................................................................................245,2S4
Stipulation of Settlement Property Tax Appeal
Hy-Vee Food Stores,Inc...................................................................................................................................129
Lowe's Home Centers,Inc....................................................................................................................................9
Stoffel,Kyle..................................................................................................................................................236,270
StoneCliff Winery................................................................................................................................................201
StonemanRoad,3505..........................................................................................................................................415
StopLoss......................................................................................................................................................150,1SS
StormRecovery Efforts........................................................................................................................................414
Stormwater Facilities Fee Agreement .....................................................................................................................6
Stormwater Utility Revenue Capital Loan Note
Series 2015B Catfish Creek Sponsorship..........................................................................................................435
StrakaJohnson Architects....................................................................................................................................102
Sumek,Lyle,Lyle SumekAssociates............................................................................................................411,412
SummitHill Drive.................................................................................................................................................291
Sunquist,Nathan.................................................................................................................................................135
SuperStop III ...............................................................................................................................................279,423
Supple,Peter,Boy Scouts of America..................................................................................................................551
Surface Parking Lot Construction...........................................................................................................................30
SurfaceTransportation Program (STP)..................................................................................................................19
Sustainable Dubuque Community Grants and Review Recommendation...........................................................236
Swain,Martina.....................................................................................................................................................516
Sweeney,Wendy,Community Foundation of Greater Dubuque Non-Profit Partnership Coordinator...............217
SweetSpot,The...................................................................................................................................................339
Swift,Thomas..............................................................................................................................................426,450
SwissValley Road.................................................................................................................................................505
SycamoreStreet ..................................................................................................................................................371
T
Table Mound Mobile Home Park No.2 ...............................................................................................................237
Tabled Items.........................................................................................................136,140,152,154,156,549,SSS
Takes,Kay,President of Mercy Medical Center..................................................................................................150
Tallent,John,Chief Executive Officer for Medical Associates.............................................................................150
Tallman,Dave,Shive Hattery Inc........................................................................................................................403
TargetStore T-OOS6.............................................................................................................................................547
Tasteof the World.......................................................................................................................................140,190
Tavernon the Main .............................................................................................................................................201
Tax Increment Financing(TIF)Report............................................................................................................13,567
TaylorConstruction,Inc.........................................................................................................................................45
Teamsters Local Union No.120...............................................................................................................60,94,149
BusOperators....................................................................................................................................................60
Temperley Excavating,Inc...................................................................................................................446,520,546
TenthStreet.................................................................................................................................................202,22S
Terry,Leslie............................................................................................................................................................62
TexasRoad House................................................................................................................................................423
THMedia bizTimes..............................................................................................................................................473
The Historic Federal Building Parking Lot........................................196,See U.S.Postal Service-Parking Purchase
TheVenue............................................................................................................................................................133
Tieskoetter,Kathy,Dubuque Visiting NursesAssociation...................................................................................332
Tigges,Ronald..............................................................................................................................................254,342
Book 147 Regular Session, December 18, 2017 528
Tilly,Baker.......................................................................................5ee HistoricTax Credit Economic Impact Study
Timber Ridge
Rustic Point Water Main Extension 2017 Project....................................................................223,256,290,371
TimberRidge Estates,LLC....................................................................................................................................452
Timber-Hyrst Estates.....................................................................................................................................44,506
Timber-Hyrst Place..............................................................................................................................196,336,340
Time-fill CNG Station ...........................................................................................................................................366
Tobacco Outlet Plus ti504............................................................................................................................222,279
Tom Kueter Construction Co...............................................................................................................................573
TopGrade Excavating,Inc. ......................................................................................................................32,47,364
Total Administrative Services Corporation (TASC)Administrative Services........................................................541
Tott's Tap.............................................................................................................................................................222
TownClock Inn......................................................................................................................................................72
Town Hall of the Municipality of Santiago.....................................69,See Memorandum of Understanding(MOU)
Tracy,Skyler Lee..................................................................................................................................................333
Traffic Safety Improvement Grant.......................................................................................................................395
Traffic Stop Study Analysis...........................................................................................................................352,390
Transfer of Deed,Angella Street, 595....................................................................................................................71
Transferof RoadwayJurisdiction (TOJ)...............................................................................................276,525,526
Transferthe Jurisdiction......................................................................................................................................526
Transit Advisory Board
Applicants................................................................................................................................................377,400
Cross-representatives to Resilient Community Advisory Commission ..............................................................15
Minutes Submitted...........................................................................................149,215,270,392,502,516,553
Transportation Alternatives Program(TAP) ........................................................................................................539
Travel Dubuque/Dubuque Area Convention and Visitors Bureau...............................................................550,SS1
TreeCity USA.......................................................................................................................................................565
Trees Forever..........................................................................................................SS,See Arbor Day Proclamation
Tricon Construction Group....................................................................................................................................13
Tricon General Construction,Inc.........................................................................................................................505
Tri-State Adjustments,Inc...................................................................................................................................463
Tri-State Independent Blind Society,Inc.......................................................................................................36,423
Tri-State Occupational Health,LLC......................................................................................................................474
Tri-State Shred.............................................................................................................................................133,134
Tri-State Trial Vision.............................................................................................................................................229
TriumphCommunity Bank...................................................................................................................................335
TrueNorth Program ............................................................................................................................................491
TschiggfrieExcavating,Inc...........................................................................................................................290,371
Tuttle,Thomas,Greater Dubuque Development Corporation Annual Meeting Keynote Speaker .....................399
TwelfthStreet......................................................................................................................................................364
Twenty-fourth Street Overlook...........................................................................................................................191
Twenty-second Street/Kaufmann Avenue Storm Sewer Improvement Project..................................................337
Twin Ridge Subdivision No.5............................................................................................504,See Pre-Annexations
Twining,Constance......................................................................................................................................179,203
Two Hundred Ten Jones Street,LLC....................................................................................................................344
U
U.S.20 Interchange Ramps Project.......................................................................................................................71
U.S.Conference of Mayors..................................................................................................................................3SS
U.S.Highway 20/Dodge Street..............................................................................................................................35
U.S.Hwy 151 known formerly as Fulmer Road....................................................................................................505
UFitProperties,LLC.............................................................................................................................................250
UnitePrivate Networks,LLC................................................................................................................................525
United Automobile Workers,Local tf94.........................................................................................................14,57S
United States Department of Commerce-Economic Development Administration..........................................577
United States Department of Housing and Urban Development(HUD).......................130,415,439,445,446,45S
National Disaster Resilience Competition Grant........................................................................................31,45S
United States Department of the Interior...........................................................................................................132
Book 147 INDEX 529
United States Environmental Protection Agency-Consent Decree............................................................193,504
United States Postal Service
ParkingLot...............................................................................................................................................224,255
Parking Purchase Agreement...................................................................................................................191,196
UnitedWay..................................................................................................................................................271,272
UniversityAvenue..................................................................................................................................................19
University Avenue/Grandview Avenue Roundabout Project.............................................................................395
Universityof Dubuque.................................................................................................................................219,515
Unsen,Brian,Audit partner Eide BaillyCPA..........................................................................................................56
Upper Bee Branch Creek
Light-Pole Banners,Interpretive Signs,and Fiber Utility Cabinets...................................................................147
Restoration Project....................................................................................................................6S,191,265,577
Urban Renewal Area
DerbyGrange Road..........................................................................................................................................369
DerbyGrange Road Housing............................................................................................................................376
PeruRoad................................................................................................................................................561,563
SouthPointe Housing........................................................................................................................................77
Urban Renewal Plans
DerbyGrange Road Housing..............................................................................................................................79
Derby Grange Road Housing Urban Renewal Area..........................................................................................426
South Pointe Housing Urban Renewal Area ....................................................................................................136
Urban Renewal Tax Increment Revenue Fund
DubuqueIndustrial Center..............................................................................................................................365
Greaterpowntown..........................................................................................................................................369
SouthPointe Housing......................................................................................................................................370
Urban Renewal Tax Increment Revenue Obligations..........................................................................................559
Urban Revitalization Applications for Residential Property Tax Abatement.......................................................150
Urban Revitalization Designation forformer Holy Ghost School.........................................................................529
Utility Service Contractors,Inc. ...................................................................................................................507,546
Uzel,Paul.........................................................................................................................................37,S5,140,1S0
You're Welcome Here/Indivisible Dubuque...................................................................................................269
V
Vacant and Abandoned Buildings........................................................................................................................351
Vacate Petitions
Alley Between Regent and Queen Streets.......................................................................................................465
East Seventeenth Street Right-of-Way............................................................................................................375
Jackson Street,1065-Right-of-Way........................................................................................................202,22S
Portion of Kerper Blvd.Right-of-Way..........................................................................................................14,33
Valentine Park Expansion
RoepschProperty............................................................................................................................................444
SRFProject.......................................................................................................................................................239
Valentine,Ronald L.and Marlene........................................................................................................................239
Vandermeulen,Robert........................................................................................................................................555
VansEvers,Frank.........................................................................................................................................516,537
VaporCity Outlet.................................................................................................................................................340
Veach,John..........................................................................................................................................................277
Verizon Wireless........................................................................................................5ee Southwestco Wireless Inc.
VernonStreet,1069-Sale...............................................................................................................................15,36
VernonWater System....................................................................................................................................46,193
Veterans'Memorial Park.....................................................................................................................102,175,567
Villa Street Drainage Improvements Project.......................................................................................................576
Vincent,Alan................................................................................................................................................254,343
VinnyVanucchfs Little Italy.................................................................................................................................372
Alcohol Compliance Civil Penalty.....................................................................................................................339
Visiting Nurse Association .......................................................................................................................11,46,4S5
VolkensExcavating,Inc........................................................................................................................................371
Volkens,Inc..................................................................................................................................................335,SOS
Book 147 Regular Session, December 18, 2017 530
VoluntaryAnnexation
RusticPoint......................................................................................................................................................152
William and Janet Siegert-Old Highway Road,13S2S......................................................................................35
Vondran,Alan...............................................................................................................5ee Workers'Compensation
Voss,Ryan Wedding............................................................................................................................................433
W
WackerDrive.......................................................................................................................................................335
Wainwright,Jim,Attorney Ahlers&Cooney Law Firm........................................................................................452
Walgreens....................................................................................................................................................275,279
Walkingtour................................................................................................................................191,265,3SS,433
Wal-Mart Supercenter tf2004......................................................................................................................279,476
WalnutTap Tavern......................................................................................................................................279,400
Walz,Kimberly,Directorof Local Government Relationsfor Walgreens............................................................414
Ward,Annalee.................................................................................................................................................33,55
WarehouseTrust,LLC..........................................................................................................................................335
Warranty Deed...................................................................................................21,37,99,256,344,375,419,576
Warren Plaza Planned Unit Development(PUD).................................................................................................251
Washington Neighborhood Association................................................................................................13,442,491
Washington St.2105,Bee Branch Healthy Homes..............................................................................................425
Washington Street.................................................................................5ee Rouse and Dean Foundry Building,LLC
(aka Alamo Building)........................................................................................................................................501
WashingtonTool Library......................................................................................................................................415
Washington,DC Visit...................................................................................................................................129,190
Water&Resource Recovery Center Upgrade Project...........................................................................................95
Water Main Break Standard Operating Procedure..............................................................................................3SS
WaterQuality Report..........................................................................................................................................356
Water Revenue Capital Loan Notes......................................................................................253,345,423,459,491
Water System Improvements 2017 Contract......................................................................................................399
Water Tower and Ground Space Lease...............................................................................................................57S
WaterbridgeLane................................................................................................................................................291
Watters Homestead (12204 N.Cascade Road)....................................................................................................237
Watters,Dennis,Watters Homestead.................................................................................................................274
WaveReaction,Inc..............................................................................................................................................260
Waypointof Dubuque.........................................................................................................................................502
WeaverCastle,LLC................................................................................................................................................70
Wedewer,Rachel.................................................................................................................................................149
Weiland,Josh.........................................................................................................................................................70
Wellmark Blue Cross and Blue Shield of lowa......................................................................150,1SS,335,454,523
Wermimont,Kevin,Oakland Farms Real Estate Company..................................................................................450
Wessels,Linda .....................................................................................................................................................149
WestDubuque Tap..............................................................................................................................................423
West,Jessica........................................................................................................................................435,520,541
West,Kate...........................................................................................................................................................537
Westside Water System Improvements.................................................................97,137,175,205,206,261,4S5
2017 Contract C Highway 20 Watermain Extension Project.....................................252,345,364,357,396,52S
Water Meter Replacement Project..........................................................................................................193,554
WhiskeyRiver......................................................................................................................................................201
WhisperWoods Lane...........................................................................................................................................291
WhiteStreet........................................................................................................................................................221
WhiteStreet,2253 ..................................................................................................................................................7
White Street,2665 Bee Branch Healthy Homes..................................................................................................424
White,Daniel..........................................................42,131,179,195,203,271,334,435,457,522,554,570,571
White,Richard.......................................................................................................................................................40
Whitty,Sue,Mental Health America of Dubuque County President...................................................................215
Wiegel,Jade.................................................................................................................................................193,4S3
Wilbricht,Maniko............................................................................................451,See Cozy Corner Adult Day Care
Wildwood Estates Subdivision.........................................................................................5ee Vernon Water System
Book 147 INDEX 531
Wilson,Davis...............................................................................................................................................254,342
WindsorAvenue Sanitary Sewer Manhole Rehabilitation Project...............................................................364,399
Winger,Gerald 1.Sr....................................................................................................5ee Release of claim in Estate
Wingstop.............................................................................................................................................................423
Witry,Tom and Caro1...........................................................................................................................................102
Witry,Tom,Miracle League of Dubuque.............................................................................................................236
Woller,Marlene,Board President.......................................................................................................................479
Women's Leadership Network............................................................................................................................215
Wood,Lana......................................................................................................................................................65,66
Woodyard,Julie,Crescent Community Health Center........................................................................................332
Workers'Compensation
ClaimsAdministration..............................................................................................................................509,541
ExcessInsurance..............................................................................................................................................334
Settlement Agreement,Duve,Luke.................................................................................................................541
Settlement Agreement,Pins,Karen.................................................................................................................463
Settlement Agreement,Vondran,Alan............................................................................................................504
Workforce HousingTax Incentive Program.........................................................................5ee Marquette Hall,LLC
Worm,Jane..........................................................................................................................................................392
Wright,Delanie............................................................................................5ee DARE EssayContestAward Winner
Y
Yardarm.................................................................................................................................................................97
YenChing Restaurant ..........................................................................................................................................530
Yeswaytf1139......................................................................................................................................................575
Yordy,Mitzi,Grand River Center Manager............................................................................................................16
You're Welcome Here/Indivisible Dubuque.......................................................................................................269
Young,David..........................................................................................................................................................16
YourPie................................................................................................................................................................557
Z
Zanger,Matthew.............................................................................................................................................35,SS
Zebarth,Sam,AmeriCorps Partners in Learning..................................................................................................145
Zoning Advisory Commission
Applicants................................................................................................................................254,343,475,490
Cross-representatives to Resilient Community Advisory Commission ..............................................................15
Minutes Submitted.....................................................................21,129,192,236,333,392,434,502,537,567
Recommendations......22,135,151,203,237,246,249,250,251,253,335,394,395,400,439,451,506,510,
540,549,SSS
Zoning Board of Adjustment
Applicants..................................................................................................................................................99,135
Minutes Submitted...............................................................21,40,129,149,333,392,434,473,502,516,567