6 21 10 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on June 21, 2010 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Pastor Tom Shinkle of Grandview Avenue Methodist Church.
PROCLAMATION
Colts Drum and Bugle Corps was accepted by Colts Director Greg Orwoll, 1101 Central
Avenue; Monarch Moments Month (July, 2010).
PRESENTATION
Preservation Iowa 2010 Preservation at its Best Award (Historic Millwork District Master
Plan) was accepted by Planning Services Manager Laura Carstens.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Braig. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 6/7; Historic Preservation Commission of
5/20; Housing Code Appeals Board of 4/20; Human Rights Commission of 5/10; Transit Board
of 5/13; Zoning Advisory Commission of 6/2; Zoning Board of Adjustment of 5/27
Proofs of publication of City Council Proceedings of May 17, 2010 and List of Claims and
Summary of Revenues for Month Ended April 30, 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Susan Welp for vehicle damage: Kerry Robey for vehicle damage;
Austin Millius for vehicle damage. Upon motion the documents were received and filed and
referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Susan Welp for vehicle
damage; Kerry Robey for vehicle damage; Melissa Sue Devine for vehicle damage; Robert
Smith for property damage. Upon motion the documents were received, filed and concurred.
Specific and Aggregate Stop Loss Renewal – Health and Prescription Drug: City Manager
recommending approval of the renewal rates submitted by American National Life of Texas
Life for the City’s specific and aggregate stop loss insurance – health and prescription drug
plans. Upon motion the documents were received, filed, and approved.
Reclassification of Truck Driver Position: City Manager recommending that the Truck Driver
positions in the Water Department be reclassified as Water Distribution Maintenanceworkers.
Upon motion the documents were received, filed, and approved.
Reclassification of Laborer Position: City Manager recommending that the Laborer position
in the Public Works Department be reclassified as a Truck Driver. Upon motion the documents
were received, filed, and approved.
Collective Bargaining Agreement – International Union of Operating Engineers: City
Manager recommending approval of the one-year collective bargaining agreement between
the City and the International Union of Operating Engineers, Local #758. Upon motion the
documents were received and filed and Resolution No. 191-10 Approving the agreement
between the City of Dubuque, Iowa, and the International Union of Operating Engineers, Local
#758 and authorizing the Mayor to sign the Agreement was adopted.
RESOLUTION NO. 191-10
APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #758 AND AUTHORIZING
THE MAYOR TO SIGN THE AGREEMENT
Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of
the Public Employment Relations Act; and
Whereas, the International Union of Operating Engineers, Local #758 is an employee
organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and
Whereas, the International Union of Operating Engineers, Local #758 submitted a request
to bargain collectively on behalf of the employees within its representation; and
Whereas, bargaining between the parties has occurred and an agreement has been
concluded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the terms of the agreement be approved and the Mayor authorized and
directed to sign the collective bargaining agreement.
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Passed, approved and adopted this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Interagency Agreement between the City of Dubuque and Dubuque County Board of
Health: City Manager recommending approval of an Interagency Agreement with the Dubuque
County Board of Health for the inspection and enforcement of swimming pools and spas, tattoo
parlors and tanning facilities in Dubuque County. Upon motion the documents were received,
filed, and approved.
Iowa Department of Natural Resources: Communication from the Iowa Department of
Natural Resources regarding the recent inspection of the Dubuque Regional Airport
Wastewater Treatment Facility.
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City Manager providing information related to the June 11, 2010 letter from the Iowa
Department of Natural Resources.
Upon motion the documents were received and filed.
Final Plat – Inland Molasses Place No. 2: Zoning Advisory Commission recommending
approval of the final plat of Inland Molasses Place No. 2 as requested by the City of Dubuque
– Engineering Department. Upon motion the documents were received and filed and
Resolution No. 192-10 Approving a final plat of Inland Molasses Place No. 2 in the City of
Dubuque, Iowa, was adopted.
RESOLUTION NO. 192-10
APPROVING A FINAL PLAT INLAND MOLASSES PLACE NO. 2 IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat Inland Molasses Place No. 2
in the City of Dubuque, Iowa; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had
its approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statues and ordinances relating to it.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Final Plat Inland Molasses Place No. 2 is hereby approved and the
Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of
Dubuque, Iowa, upon said final plat.
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Passed, approved and adopted this 21 day of June 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Final Plat – Center City Place #2: Zoning Advisory Commission recommending approval of
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the final plat of Center City Place #2 located at the southwest corner of East 11 and
Washington Streets as requested by Mid America Holdings. Upon motion the documents were
received and filed and Resolution No. 193-10 Approving the final plat of Center City Place #2
in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 193-10
APPROVING THE FINAL PLAT OF SURVEY CENTER CITY PLACE #2 IN THE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with the City Clerk a Final Plat of Survey of Center City Place
#2 in the City of Dubuque, Iowa; and
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Whereas, upon said Final Plat appears streets to be known as East 10 Street (Lot A) and
Washington Street (Lot B), together with certain public easements, which the owner, by said
Final Plat, has dedicated to the public forever; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had
its approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating to it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the dedication of East 10 Street (Lot A) and Washington Street (Lot B), and
easements as they appear upon said Final Plat, be and the same are hereby accepted.
Section 2. That the Final Plat of Center City Place #2 is hereby approved and the Mayor
and City Clerk are hereby authorized and directed to endorse the approval of the City of
Dubuque, Iowa, upon said Final Plat.
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Passed, approved and adopted this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Final Plat – Center City Place #3: Zoning Advisory Commission recommending approval of
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the final plat of Center City Place #3 located at the southwest corner of East 10 and
Washington Streets as requested by Warehouse Redevelopment, LLC. Upon motion the
documents were received and filed and Resolution No. 194-10 Approving the final plat of
Center City Place #3 in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 194-10
APPROVING THE FINAL PLAT OF CENTER CITY PLACE #3 IN THE CITY OF DUBUQUE,
IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Survey of Center City Place
#3 in the City of Dubuque, Iowa; and
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Whereas, upon said Final Plat appears streets to be known as East 10 Street (Lot A) and
Washington Street (Lot B), together with certain public easements, which the owner, by said
Final Plat, has dedicated to the public forever; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had
its approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating to it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the dedication of East 10 Street (Lot A) and Washington Street (Lot B), and
easements as they appear upon said Final Plat, be and the same are hereby accepted.
Section 2. That the Final Plat of Center City Place #3 is hereby approved and the Mayor
and City Clerk are hereby authorized and directed to endorse the approval of the City of
Dubuque, Iowa, upon said Final Plat.
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Passed, approved and adopted this 21 day of June 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Final Plat – Center City Place #4: Zoning Advisory Commission recommending approval of
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the final plat of Center City Place #4 located at the southeast corner of East 10 and Jackson
Streets as requested by Caradco Building, LLP. Upon motion the documents were received
and filed and Resolution No. 195-10 Approving the final plat of Center City Place #4 in the City
of Dubuque, Iowa, was adopted.
RESOLUTION NO. 195-10
APPROVING THE PLAT OF SURVEY OF CENTER CITY PLACE #4 IN THE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with the City Clerk a Plat of Survey of Center City Place #4 in
the City of Dubuque, Iowa; and.
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Whereas, upon said Plat of Survey appears streets Lot A, together with certain public
easements, which the owner, by said plat of survey, has dedicated to the public forever; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating to it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Lot A, and easements as they appear upon said Plat of
Survey, be and the same are hereby accepted.
Section 2. That the Plat of Survey of Center City Place #4 is hereby approved and the
Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of
Dubuque, Iowa, upon said Plat of Survey.
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Passed, approved and adopted this 21 day of June 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Final Plat – Center City Place #5: Zoning Advisory Commission recommending approval of
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the final plat of Center City Place #5 located at the northeast corner of East 10 and Jackson
Streets as requested by Mid America Holdings. Upon motion the documents were received
and filed and Resolution No. 196-10 Approving the final plat of Center City Place #5 in the City
of Dubuque, Iowa, was adopted.
RESOLUTION NO. 196-10
APPROVING THE PLAT OF SURVEY OF CENTER CITY PLACE #5 IN THE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with the City Clerk a Plat of Survey of Center City Place #5 in
the City of Dubuque, Iowa; and
Whereas, upon said Plat of Survey appears streets Lot A, together with certain public
easements, which the owner, by said Plat of Survey, has dedicated to the public forever; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating to it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Lot A, and easements as they appear upon said Plat of
Survey, be and the same are hereby accepted.
Section 2. That the Plat of Survey of Center City Place #5 is hereby approved and the
Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of
Dubuque, Iowa, upon said Plat of Survey.
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Passed, approved and adopted this 21 day of June 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
McAleece Park and Recreation Complex Parking Lot Reconstruction Project: City Manager
recommending award of the public improvement contract for the McAleece Park and
Recreation Parking Lot Reconstruction Project to Mathy Construction Company in the amount
of $248,673.25. Upon motion the documents were received and filed and Resolution No. 197-
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10 Awarding public improvement contract for the McAleece Park and Recreation Parking Lot
Reconstruction Project was adopted.
RESOLUTION NO. 197-10
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE MCALEECE PARK AND
RECREATION COMPLEX PARKING LOT RECONSTRUCTION PROJECT
Whereas, sealed proposals have been submitted by contractors for the McAleece Park and
Recreation Complex Parking Lot Reconstruction Project (the Project) pursuant to Resolution
No. 161-10 and Notice to Bidders published in a newspaper published in the City of Dubuque,
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Iowa on the 21 day of May, 2010; and
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Whereas, said sealed proposals were opened and read on the 10 day of June, 2010 and it
has been determined that River City Paving, a Division of Mathy Construction Company of
Dubuque, Iowa, with a bid in the amount of $248,673.25, is the lowest responsive, responsible
bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to River City Paving,
a Division of Mathy Construction Company, and the City Manager is hereby directed to
execute a Public Improvement Contract on behalf of the City of Dubuque for the Project.
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Passed, approved and adopted this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Sustainable Cities Institute (SCI) Pilot Community Application: City Manager recommending
approval of the Sustainable Cities Institute grant application in the amount of $500,000. Upon
motion the documents were received, filed, and approved.
Third Street Overpass Bridge Repair Project: City Manager recommending approval of the
Iowa Department of Transportation Supplemental Funding Agreement for the Third Street
Overpass Bridge Repair Project. Upon motion the documents were received and filed and
Resolution No. 198-10 Approving the Iowa Department of Transportation Supplemental
Agreement for maintenance of primary roads in municipalities for the Third Street Overpass
Bridge Approach Repair Project was adopted.
RESOLUTION NO. 198-10
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL
AGREEMENT FOR MAINTENANCE OF PRIMARY ROADS IN MUNICIPALITIES FOR THE
THIRD STREET OVERPASS BRIDGE APPROACH REPAIR PROJECT
Whereas, the City of Dubuque (City) will be the lead agency responsible for the
administration of the Third Street Overpass Bridge Approach Repair Project; and
Whereas, the Third Street Overpass Bridge Approach Repair Project in Dubuque has been
developed to include: section repair to the east abutment retaining wall; replacement of 300
feet of concrete sidewalk on both the east and west sides; and the roadway resurfacing on
both the east and west abutment approaches; and
Whereas, the City, in partnership with the Iowa Department of Transportation, will finance
the Third Street Overpass Bridge Approach Repair Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That said Iowa Department of Transportation (Iowa DOT) Supplemental
Agreement for Maintenance of Primary Roads in Municipalities between the City of Dubuque
and the Iowa Department of Transportation be approved for the Third Street Overpass Bridge
Approach Repair Project in Dubuque.
Section 2. That the Mayor be authorized and directed to execute two copies of
Supplemental Agreement for Maintenance of Primary Roads in Municipalities for the Third
Street Overpass Bridge Approach Repair Project in Dubuque.
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Passed, approved and adopted this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fire Station #4 Re-Roof Project: City Manager recommending that the award for the Fire
Station #4 Re-Roof Project be officially recorded in the minutes of the City Council. Upon
motion the documents were received and filed.
Federal Emergency Management Agency: City Manager transmitting information on the
correspondence from the Federal Emergency Management Agency regarding the proposed
flood plain maps for the City of Dubuque. Upon motion the documents were received and filed.
Roosevelt Road Water Tower Project: City Manager recommending acceptance of the
warranty deed for property at 3301 Roosevelt Avenue from Fondell Excavating, Inc., for the
Roosevelt Street Water Tower Project. Upon motion the documents were received and filed
and Resolution No. 199-10 Accepting the deed to certain real estate in Dubuque County, Iowa,
from Fondell Excavating, Inc., was adopted.
RESOLUTION NO. 199-10
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA,
FROM FONDELL EXCAVATING, INC.
Whereas, the City of Dubuque entered into an Agreement with Fondell Excavating, Inc., for
the purchase of the property at 3301 Roosevelt Avenue, Dubuque, Iowa, for the purpose of the
Roosevelt Street Water Tower Project, legally described as: Lot 1 of Orchard Park Place, in the
City of Dubuque, Iowa, according to the recorded Plat thereof; and
Whereas, the terms of the Agreement have now been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the Warranty Deed from Fondell Excavating, Inc.,
attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution and the
Warranty Deed with the Dubuque County Recorder.
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Passed, approved and adopted this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Government Finance Officers Association: City Manager advising that the City has received
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for the 22 consecutive year the Government Finance Officers Association Certificate of
Achievement for Excellence in Financial Reporting for the City’s Comprehensive Annual
Financial Report for the fiscal year ended June 30, 2009. Upon motion the documents were
received and filed.
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Iowa Department of Natural Resources (IDNR) Funding Contract: City Manager
recommending approval of Amendment #1 to the Iowa Department of Natural Resources
funding contract regarding the E.B. Lyons Center expansion project. Upon motion the
documents were received, filed, and approved.
Terminal Street Pumping Station Improvements Project: City Manager recommending
acceptance of the Terminal Street Pumping Station Improvements Project as completed by
Morse Electric in the final amount of $615,475. Upon motion the documents were received and
filed and Resolution No. 200-10 Accepting the Terminal Street Pumping Station Improvements
Project and authorizing payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 200-10
ACCEPTING THE TERMINAL STREET PUMP STATION ELECTRICAL IMPROVEMENTS
AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the Terminal Pump Station Electrical
Improvements has been completed and the Engineer has examined the work stating the
Project has been completed according to the terms of the Public Improvement Contract and
that the Water Pollution Control Manager recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the Water Pollution Control Manager is approved and
the Project is hereby accepted with a final contract amount of $615.475.00.
Section 2. The Finance Director is hereby directed to pay to the Contractor for the contract
amount of $61.475.00.
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Passed, approved and adopted this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Citizen Communication: Communication from Vaughan C. Yaklin requesting that the City
Council consider a resolution regarding substantial reformative legislation reining in the
derivatives market. Upon motion the documents were received and filed.
Creation of Recovery Zone Area: City Manager recommending approval of the creation of a
Recovery Zone Area to facilitate the use of Recovery Zone Bonds and Recovery Zone
Economic Development Bonds. Upon motion the documents were received and filed and
Resolution No. 201-10 Approving the establishment of a Recovery Zone Area within the City of
Dubuque was adopted.
RESOLUTION NO. 201-10
APPROVING THE ESTABLISHMENT OF A RECOVERY ZONE AREA WITHIN THE CITY
OF DUBUQUE.
Whereas, the County of Dubuque has received two allocations of Recovery Zone Bond
volume cap under the authority of Section 1400U-1(a) of the internal Revenue code of 1986,
as amended, relating to the issuance of Recovery Zone Facility Bonds and Recovery Zone
Economic Development Bonds, which if not committed by July 1, 2010 shall be recaptured and
allocated by the Iowa Finance Authority (IFA) under House File 2487 enacted by the Iowa
General Assembly; and
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Whereas, the City of Dubuque, Iowa, has received permission from the County to utilize the
foregoing Bond allocations; and
Whereas, a Recovery Zone area must be established to facilitate the use of the Bonds; and
Whereas, eligible Recovery Zones are those areas designated by the issuer as having
significant poverty, unemployment, rate of home foreclosures or general distress; and
Whereas, Enterprise Zone 1A and Enterprise Zone 2A of the City were established
November 15, 2007 and fit the definition as a Recovery Zone.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. A Recovery Zone is hereby established within the City of Dubuque, pursuant to
Section 1400U-1(b)(1) of the internal Revenue Code of 1986, as amended, having the
boundaries of existing Enterprise Zone 1A and Enterprise Zone 2A within the City and
including all of the territory located therein.
Section 2. The City Manager is hereby directed to notify the Iowa Finance Authority of the
creation of the Recovery Zone, to file such applications with IFA as may be necessary or
appropriate to receive allocations of Recovery Zone Bond volume cap, and to take such other
actions as may be necessary or desirable to carry out the provisions of this resolution and to
assure compliance with federal laws relating to the issuance of Recovery Zone Bonds.
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Passed, approved and adopted this 21 day of June 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Purchase of Unbudgeted Utility Truck/Welder Unit: City Manager recommending approval of
the purchase of an unbudgeted utility truck/welder unit for the Parking Division. Upon motion
the documents were received, filed, and approved.
Workers’ Compensation Claim: City Manager recommending approval of the settlement of
the workers’ compensation claim of John Gotto. Upon motion the documents were received,
filed, and approved.
National Mississippi River Museum and Aquarium: Communication from Jerry Enzler,
Executive Director – Dubuque County Historical Society, requesting to lease the land between
the National Mississippi River Museum and Aquarium and the new National River Center.
Upon motion the document was received and filed and referred to the City Manager.
Americans with Disabilities Commemoration Roundtable: Communication from the Human
Rights Commission inviting the City Council to attend the ADA Commemoration Roundtable to
be held on Thursday, July 8, 2010. Upon motion the document was received and filed.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 202-10 Granting the issuance of a Class “B” Beer Permit to the Colts Community Center
and a Class “C” Beer Permit to Pioneers Rest Stop; Resolution No. 203-10 Granting the
issuance of a Class “C” Beer/Liquor License to Mason Dixon Saloon, National River Museum,
Applebee’s Grill and Bar, Creslanes Bowling, Fischer Lanes, Rotary Club, American Legion,
Paul’s Tavern and Five Flags Center; a Class “B” Wine Permit to Ooh LaLa; Class “B” Wine
(Six Month) Permit to Church of the Resurrection and a Class “C” Beer/Liquor License (Five
Day Special Event) to Dubuque Area Labor Management Council; and Resolution No. 204-10
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Granting the issuance of fifty-two (52) renewal permits to sell cigarettes within the City of
Dubuque were adopted.
RESOLUTION NO. 202-10
Whereas, applications for Beer Permits have been submitted and filed to this 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 have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “B” BEER PERMIT
Legionnaires Drum/Bugle Corps Colts Community Center 1101 Central Avenue
+(Sunday Sale)
CLASS “C” BEER PERMIT
Pioneers Rest Stop, LLC Pioneers Rest Stop 4900 Old Highway Road
+(Sunday Sale)
Passed, approved and adopted this 21st day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 203-10
Whereas, applications for Liquor Licenses have been submitted to this 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 State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “C” BEER/LIQUOR LICENSE
Mason Dixon, Inc. Mason Dixon Saloon+(Sunday Sale) 163 Main Street
DBQ Co. Historical Society National Miss. River Museum/Aquarium 400 E. 3 rd Street
+(Sunday Sale)
Apple Corp, LP Applebee’s Grill & Bar 1395 Associates Drive
+(Sunday Sale)
Creslanes Bowling, Inc. Creslanes Bowling+(Sunday Sale) 255 S. Main Street
Plastic Center, Inc. Fischer Lanes+(Sunday Sale) 880 Locust Street
Rotary Club of Dubuque Rotary Club+(Sunday Sale) 135 W. 8 th Street
American Legion # 6 American Legion Post # (Sunday Sale) 1306 Delhi Street
Tom Koch, Inc. Paul’s Tavern+(Sunday Sale) 176 Locust Street
SMG Food/Beverage, LLC Five Flags Center+(Sunday Sale) 405 Main Street
CLASS “B” WINE
Creative Touch Gallery Ooh LaLa 3460 Hillcrest Road
CLASS “B” WINE (6 MONTH)
Church of the Resurrection Church of the Resurrection 4300 Asbury Road
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CLASS “C” BEER/LIQUOR LICENSE (5-DAY SPECIAL EVENT)
DBQ Area Labor Management DBQ Area Labor Management Town Clock Plaza
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Passed, approved and adopted this 21 day of June, 2010
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 204-10
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and
Cigarette Papers within said City.
52 RENEWALS
16 th St Auto Truck Plaza Mulgrew Oil Company 1215 E.16 th Street
Aragon Tap Myra K. Woodman 1103 Iowa Street
Beecher Co, Inc. Beecher Co., Inc. 1691 Asbury Road
Big 10 Mart Molo Oil Company 1875 JFK Road
Big 10 Mart Molo Oil Company 2100 JFK Road
Casey’s General Store # 2420 Casey’s Marketing 2699 Rockdale Road
Casey’s General Store# 2421 Casey’s Marketing 4003 Peru Road
Clark o Dubuque Omer Farooq 700 Rhomberg Avenue
Dubuque Mining Co. Apartment, Ltd. 555 JFK Road
Mystique Casino DBQ Racing Association 1855 Greyhound Park Drive
Eagle Country Market Downtown Eagle, Inc. 1800 Elm Street
Family Mart, Inc. Family Mart, Inc. 3201 Central Avenue
Hammerheads Bar & Billiards Hammerheads, Inc. 2095 Kerper Blvd. # 2
Hartig Drug Company # 2 Hartig Drug Company 157 Locust Street
Hartig Drug Company # 3 Hartig Drug Company 2255 JFK Road
Hartig Drug Company # 4 Hartig Drug Company 2225 Central Avenue
Hartig Drug Company # 8 Hartig Drug Company 1600 University Avenue
Hy-Vee Food Store # 1 Hy-Vee, Inc. 3500 Dodge Street
Hy-Vee Food Store # 2 Hy-Vee, Inc. 2393 NW Arterial
Hy-Vee Food Store # 3 Hy-Vee, Inc. 400 S Locust Street
Hy-Vee Wine & Spirits # 1 Hy-Vee, Inc. 3500 Dodge Street
Hy-Vee Gas # 2 Hy-Vee, Inc. 2435 NW Arterial
Hy-Vee Gas # 3 Hy-Vee, Inc. 300 S Locust Street
Iowa Street Market, Inc. Terrence J. Norton 1256 Iowa Street
Kwik Star # 495 Kwik Tri, Inc. 2685 Dodge Street
Kwik Stop Rainbo Oil Company 2255 Kerper Blvd.
Kwik Stop Rainbo Oil Company 2390 Central Avenue
Kwik Stop Rainbo Oil Company 2320 Hwy 61 South
Kwik Stop Rainbo Oil Company 4039 Pennsylvania Avenue
Kwik Stop Rainbo Oil Company 2335 University Avenue
Kwik Stop Rainbo Oil Company 2150 Twin Valley Road
McCann’s Service, Inc. McCann’s Service, Inc. 690 W. Locust Street
Oky Doky # 1 TFM Co. 250 W 1 st Street
Oky Doky # 2 TFM Co. 51 W. 32 nd Street
Oky Doky # 8 Hill St Plaza 535 Hill Street
Paro Food Mart Sahajanand Enterprise, Inc. 3200 Central Avenue
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Phillips 66 Liberty Station, LLC 10 S Main Street
Plaza 20 BP/Amoco R Future Inc 2600 Dodge Street
Pioneer’s Rest Stop LLC Pioneer’s Rest Stop, LLC 4900 Old Highway Road
Puff n Snuff Molo Oil Co. 1101 Rhomberg Avenue
Road Ranger # 159 Road Ranger, LLC 2175 Central Avenue
Ron’s 5 Point Mart R Future, Inc. 405 Rhomberg Avenue
Ron’s Discount Smokes/Beverage RKM LLC 3300 Asbury Road
Ron’s Discount Smokes/Beverage RKM LLC 1450 Loras Blvd.
The Riviera Lounge, Ltd. O’Clock Industries, Inc. 116 W. 13 th Street
Sid’s Beverage Beverly Miller 2727 Dodge Street
Tobacco Outlet Plus # 504 Kwik Trip, Inc. 806 Wacker Dr # 140
Walgreen # 6154 Walgreen Co. 2260 JFK Road
Walgreen # 9708 Walgreen Co. 55 JFK Road
Walgreen # 11942 Walgreen Co. 345 E. 20 th Street
Wal-Mart Supercenter # 2004 Wal-Mart Stores, Inc. 4200 Dodge Street
Walnut Tap Craig J. Weiner 709 University Avenue
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Passed, approved and adopted this 21 day of June, 2010
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 7-0.
Dubuque County Lease: City Manager recommending that a public hearing be set for July
6, 2010 to consider a proposed five year lease with Dubuque County for space in the Historic
Federal Building. Upon motion the documents were received and filed and Resolution No. 205-
10 Intent to dispose of an interest in real property owned by the City of Dubuque by lease
between the City of Dubuque, Iowa, and Dubuque County was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on July 6, 2010 in the Historic Federal
Building.
RESOLUTION NO. 205-10
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF
DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE
COUNTY
Whereas, the City of Dubuque, Iowa (City), owns the real property described as the Historic
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Federal Building, located at 350 West 6 Street in the City of Dubuque, Iowa; and
Whereas, City and Dubuque County have negotiated a Lease Agreement for space in the
Historic Federal Building, a copy of which Lease Agreement is on file at the office of the City
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Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve
the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described real
property by Lease Agreement between City and Dubuque County.
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Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's
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intent to dispose of the foregoing-described real property, to be held on the 6 day of July, 2010,
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at 6:30 o'clock p.m. at the Historic Federal Building, Council Chambers, 350 W. 6 Street,
Dubuque, Iowa.
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Passed, approved and adopted this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Riverfront Marina – Ice Harbor Location: City Manager recommending that a public hearing
be set for July 6, 2010 to consider the Riverfront Marina – Ice Harbor location. Upon motion
the documents were received and filed and Resolution No. 206-10 Setting a time and place for
a public hearing for the Port of Dubuque – Riverfront Marina Project was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on July 6, 2010 in the Historic Federal
Building.
RESOLUTION NO. 206-10
PORT OF DUBUQUE – RIVERFRONT MARINA PROJECT
SETTING A TIME AND PLACE FOR A PUBLIC HEARING FOR THE PORT OF DUBUQUE -
RIVERFRONT MARINA PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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A public hearing will be held on the 6 day of July, 2010 at 6:30 p.m. in the City Council
Chambers at the Historic Federal Building at which time interested persons may appear and
be heard for or against the Port of Dubuque - Riverfront Marina Project and the proposed Ice
Harbor location.
The City Clerk be and is hereby directed to cause the attached notice of the time and place
of such hearing to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty
days prior to the date of such hearing. At the hearing, any interested person may appear and
address the City Council concerning the Port of Dubuque – Riverfront Marina Project and the
proposed Ice Harbor location.
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Passed, adopted and approved this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Easement Agreement for Washington Row Houses Project: City Manager recommending
that a public hearing be set for July 6, 2010 to consider the disposition of real property owned
by the City in the form of an easement agreement for common uses of property at the
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“Washington Row Houses” located at 1765 – 1795 Washington Street and 260 East 18
Street. Upon motion the documents were received and filed and Resolution No. 207-10 Setting
a public hearing on a proposed easement agreement between the City of Dubuque , Iowa,
(City), Keith Karlton Clark and Mary E. Clark (Clark), DB&T Community Development Corp.
(DB&T CDC), and Gary F. Bishop (Bishop), establishing rights and duties of the parties
relating to the Washington Street Row Houses Projectwas adoptedsetting a public hearing for
a meeting to commence at 6:30 p.m. on July 6, 2010 in the Historic Federal Building.
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RESOLUTION NO. 207-10
SETTING A PUBLIC HEARING ON A PROPOSED EASEMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE , IOWA (CITY), KEITH KARLTON CLARK AND MARY E. CLARK
(CLARK), DB&T COMMUNITY DEVELOPMENT CORP. (DB&T CDC), AND GARY F.
BISHOP (BISHOP), ESTABLISHING RIGHTS AND DUTIES OF THE PARTIES RELATING
TO THE WASHINGTON STREET ROW HOUSES PROJECT
Whereas, City, Clark, DB&T CDC, and Gary F. Bishop are owners of the real estate related
to the Washington Row Houses Project; and
Whereas, these parties wish to revise, restate and establish various rights and obligations of
the parties, their successors and assigns with respect to use, access, construction and
maintenance of structures and open space, city water, sanitary sewer, storm water, drainage
and utilities relating to the Washington Street Row Houses Project.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City Clerk is hereby authorized and directed to cause this Resolution and a Notice to be
published as prescribed by Iowa Code Section 364.3 of a public hearing on the City Council's
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intent to approve the Easement Agreement attached hereto, to be held on the 7 day of July,
2010 at 6:30 o'clock p.m. to be held at the City Council Chambers at the Historical Federal
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Building at 350 West 6 Street, Dubuque, Iowa.
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Passed, approved and adopted this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
IA 32 and Asbury Road Turn Lane Improvements Project: City Manager recommending
initiation of the public bidding process for the IA 32 and Asbury Road Turn Lane Improvements
Project and that a public hearing be set for July 6, 2010 to consider approval of the plans and
specifications, form of contract and estimated cost. Upon motion the documents were received
and filed and Resolution No. 208-10 Preliminary approval of plans, specifications, form of
contract, and estimated cost, setting date of public hearing and ordering bids for the IA 32 and
Asbury Road Turn Lane Improvements Project was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on July 6, 2010 in the Historic Federal Building.
RESOLUTION NO. 208-10
IA 32 AND ASBURY ROAD TURN LANE IMPROVEMENTS PROJECT
IOWA DOT PROJECT NO. STP-32-1(30)--2C-31
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; 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 IA 32 and
,
Asbury Road Turn Lane Improvements Project Iowa DOT Project No. STP-32-1(30)--2C-31, in
the estimated amount $670,700.00, are hereby preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
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A public hearing will be held on the 6 day of July, 2010 at 6:30 p.m. in the Historic Federal
Building Council Chambers at which time interested persons may appear and be heard for or
against the proposed plans and specifications, form of contract and estimated cost of said
Project, and the City Clerk be and is hereby directed to cause the attached notice of the time
14
and place of such hearing to be published in a newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be published not less than four days nor more than
twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimated
cost of the Project.
,
The IA 32 and Asbury Road Turn Lane Improvements Project Iowa DOT Project No. STP-
32-1(30)--2C-31, is hereby ordered to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published not less than four but not more than forty-five days before the date for filing bids
before 10:00 a.m. Central Time, with opening and reading of bids by the Iowa Department of
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Transportation on the 20 day of July, 2010. Bids shall be opened and read by the Iowa
Department of Transportation after 10:30 a.m. Central Time on the same date and will be
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submitted to the City Council for final action on the 2 day of August, 2010 in the Historic
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Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa.
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Passed, approved and adopted this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Appointments were made to the following Boards/Commissions:
Arts and Cultural Affairs Advisory Commission (Arts Community Representatives). Four 3-
year terms through June 30, 2013 (Terms of Hemmer, Kames, Kohl, Riedel). Applicants:
Thomas Goodman, 3559 Copper Field Court; Paul Hemmer, 2375 Simpson Street; Louise
Kames, 900 Clarke Drive; Paul Kohl, 60 Lindberg Terrace; Marina O’Rourke Rosenow, 2085
Mullen Road; and Susan Riedel, 282 Kelly’s Bluff. Upon roll call vote Paul Hemmer, Louise
Kames, Marina O’Rourke Rosenow, and Susan Riedel were appointed to the Arts and Cultural
Affairs Advisory Commission for 3-year terms through June 30, 2013. Council Member
Resnick abstained from a fourth choice citing a conflict of interest.
Civic Center Commission: Three 3-year terms through June 29, 2013 (Terms of Bakke,
Balsamo, Kurt). Applicants: Rod Bakke, 3030 Karen Street; Marilynne Field, 1805 Eden Lane;
Barb Kurt, 1304 Atlantic Street. Motion by Braig to appoint Rod Bakke, Marilynne Field, and
Barb Kurt to the Civic Center Commission for 3-year terms through June 29, 2013. Seconded
by Connors. Motion carried 7-0.
Historic Preservation Commission (Jackson Street Historic District). One 3-year term
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through July 1, 2013 (Term of McDonell). Applicant: Robert McDonell, 135 West 17 Street.
Motion by Connors to appoint Robert McDonell to the Historic Preservation Commission’s
Jackson Street Historic District for a 3-year term through July 1, 2013. Seconded by Braig.
Motion carried 7-0.
Human Rights Commission: One 3-year term through January 1, 2011 (Vacant term of
Allan). Applicants: Frederick Davis, Jr., 2374 Green Street; and Robert Yunk, 815 Rose Street.
Upon roll call vote Frederick Davis, Jr. was appointed to the Human Rights Commission to
complete a 3-year term through January 1, 2011.
Investment Oversight Advisory Commission: Two 3-year terms through July 1, 2013 (Terms
of Reisdorf and Ruden). Applicants: Stephen Reisdorf, 740 Brookview Square; and Gary
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Ruden, 325 West 1 Street. Motion by Connors to appoint Stephen Reisdorf and Gary Ruden
to the Investment Oversight Advisory Commission for 3-year terms through July 1, 2013.
Seconded by Braig. Motion carried 7-0.
Library Board of Trustees – Mayor Appointment: Two 4-year terms through July 1, 2014
(Terms of Guns and Kolz). Applicants: Diann Guns, 1715 Diane Court; Fred Miller, 2462
Central Avenue; Gail Murphy, 3097 Oak View Court; and Lorri Regan, 2659 Queen Street.
Upon City Council concurrence, Mayor Buol appointed Diann Guns and Fred Miller to the
Library Board of Trustees for 4-year terms through July 1, 2014.
Long Range Planning Advisory Commission: Two 3-year terms through July 1, 2013 (Terms
of Prochaska and Winterwood). Applicants: Lou Oswald, 1080 Nowata Street; James
Prochaska, 1410 Parkway Street; and Charles Winterwood, 1555 Montrose Terrace. Upon roll
call vote, James Prochaska and Charles Winterwood were appointed to the Long Range
Planning Advisory Commission for 3-year terms through July 1, 2013.
Park and Recreation Commission: Three 3-year terms through June 30, 2013 (Terms of
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Harjehausen, Hoffmann, Lyness). Applicants: Shane Duncan, 623 West 8 Street; Don Foley,
2489 Wheatland Drive; Charles Harris, 2473 Jackson Street; Paul Hoffman, 174 Bradley
Street; Kenneth Klinge, 2267 Carter Road; Karen Lyness, 89 Alpine Street; and David
Schlueter, 2645 Crescent Ridge. Upon roll call vote, Paul Hoffman, Karen Lyness, and David
Schlueter were appointed to the Park and Recreation Commission for 3-year terms through
June 30, 2013.
TV Cable Regulatory Commission: One 3-year terms through June 30, 2013 (Term of
Stevens). Applicant: Kevin Stevens, 1735 Lawndale Street. Motion by Connors to appoint
Kevin Stevens to the TV Cable Regulatory Commission for a 3-year term through June 30,
2013. Seconded by Braig. Motion carried 7-0.
Zoning Advisory Commission: Two 3-year terms through July 1, 2013 (Terms of Norton and
Stiles). Applicants: Patrick Norton, 2739 Burden Avenue; and Jeff Stiles, 3087 Central Avenue.
Motion by Braig to appoint Patrick Norton and Jeff Stiles to the Zoning Advisory Commission
for 3-year terms through July 1, 2013. Seconded by Lynch. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
University of Dubuque – Amend Institutional District: Proof of publication on notice of public
hearing to consider a request from the University of Dubuque to amend the ID Institutional
District to allow construction of an expanded parking lot, a new parking lot, and a new
office/classroom building near the corner of Finley and West Streets and the Zoning Advisory
Commission recommending approval. Motion by Connors to receive and file the documents
and that the requirement that a proposed ordinance be considered and voted on for passage
at two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Braig. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 28-10 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing
for the approval of an amended campus development plan to allow construction of an
expanded parking lot, a new parking lot, and a new office/classroom building for the University
of Dubuque ID Institutional District near the corner of Finley and West Streets. Seconded by
Braig. Vice President of Finance for the University of Dubuque Jim Steiner provided a
16
presentation in support of the request. Planning Services Manager Laura Carstens provided a
staff report. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 28-10
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY PROVIDING FOR THE APPROVAL OF AN AMENDED
CAMPUS DEVELOPMENT PLAN TO ALLOW CONSTRUCTION OF AN EXPANDED
PARKING LOT, A NEW PARKING LOT AND A NEW OFFICE/CLASSROOM BUILDING
FOR THE UNIVERSITY OF DUBUQUE ID INSTITUTIONAL DISTRICT NEAR THE CORNER
OF FINLEY AND WEST STREETS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, be amended by providing for the approval of an amended campus development plan for
the University of Dubuque ID Institutional District, a copy of which is on file with the City of
Dubuque Planning Services Department.
Section 2. Institutional District Regulations.
A. Use Regulations
The following regulations shall apply to all uses made of land in the above-
described ID Institutional District:
1. Principal permitted uses shall be limited to:
a. Offices for administrative personnel or other institutional employees
and affiliates.
b. Churches, libraries, and museums.
c. Classrooms, laboratories, lecture halls, and similar places of
institutional assembly.
d. Off-street parking and loading.
e. Recreational or athletic facilities for the primary use and benefit of
institutional residents or affiliates.
f. Single-family, two-family or multi-family dwellings for the housing of
institutional residents or affiliates.
2. Accessory Uses. The following uses shall be permitted as accessory
uses in the above-described ID Institutional District.
a. Located entirely within a principal building, bookstores, or bars
seating not more than seventy-five (75) persons at one time and
located not closer than two hundred feet (200’) from the nearest
Residential or Office Residential District.
b. All uses customarily incidental to the principal permitted uses in
conjunction with which such accessory uses operated or
maintained, but not to include commercial use outside the principal
building.
3. No conditional uses shall be allowed.
B. Lot and Bulk Regulations
Development of land in the ID Institutional District shall be regulated as follows:
The proposed Mercer Birmingham Hall, the proposed parking lot at the corner
of Finley and West Streets, and the proposed parking lot at Finley and
McCormick Streets shall be constructed in substantial conformance with the
attached amended campus development plan.
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C. Performance Standards
The development and maintenance of uses in this ID Institutional District shall be
established in conformance with Section 5-22 of the Unified Development Code
and the following standards:
1. The storm water control shall be designed and built in accordance with
City Regulations subject to review and approval by the City of Dubuque
Engineering Department.
2. That appropriate erosion and sediment control will be installed prior to
commencement of any land disturbing activity related to the subject
project, including all required state and city permits related to erosion
control.
3. New outdoor lighting shall utilize 72-degree cut-off luminaries.
4. Landscaping shall be provided in compliance with Article 13 of the
Unified Development Code.
5. All utilities, including telephone and cable television, shall be installed
underground.
6. Final site plans shall be submitted in accordance with Articles 12 and 13
of the Unified Development Code.
D. Parking Requirements
The off-street parking requirements for the principal permitted uses for the herein
described ID Institutional District shall be regulated as follows.
1. The number, size and layout of off-street parking shall be in substantial
compliance with the amended campus plan.
2. Any significant expansion or reduction in the number of off-street parking
spaces must be reviewed by Planning Services staff for compliance with
the adopted Institutional District regulations.
E. Sign Regulations
The sign regulations shall be the same as that which are allowed in the ID
Institutional District as established in Article 15 of the Unified Development Code.
F. Additional Standards
That all previously approved campus development plans are hereby amended to
allow for the attached campus development plan.
G. Transfer of Ownership
Transfer of ownership of property in this ID Institutional District requires rezoning
of the property to an appropriate zoning district.
H. Modifications
Any modifications of this Ordinance must be approved by the City Council in
accordance with zoning reclassification proceedings of Article 9 of the Unified
Development Code.
I. Recording
A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder as a permanent record of the
conditions accepted as part of this reclassification approval within thirty (30) days
of the adoption of this ordinance. This ordinance shall be binding upon the
undersigned and all his/her heirs, successors and assignees.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as provided by law.
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Passed, approved and adopted this 21 day of June, 2010.
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/s/Roy D. Buol, Mayor:
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 25 day of June, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
Request to Rezone – Toby Kress: Proof of publication on notice of public hearing to
consider a request from Toby Kress to rezone the west portion of Lot 1 Kunde Place #3
located on Old Highway Road from AG Agricultural District to CR Commercial Recreation
District and Zoning Advisory Commission recommending approval. Motion by Jones to receive
and file the documents and that the requirement that a proposed ordinance be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be passed
be suspended. Seconded by Connors. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 29-10 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described property located south of Old Highway Road from AG Agricultural District
to CR Commercial Recreation District with conditions. Seconded by Connors. Planning
Services Manager Laura Carstens provided a staff report and stated that as required property
owners within 200 feet of the area were informed of the request and the public hearing
process. Developer Toby Kress, 3020 N. Cascade Road, spoke in support of the proposed
ordinance. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 29-10
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED SOUTH OF OLD HIGHWAY ROAD FROM AG AGRICULTURAL DISTRICT TO
CR COMMERCIAL RECREATION DISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, is hereby amended by reclassifying the hereinafter described property from AG
Agricultural District to CR Commercial Recreation District, with conditions, to wit: West portion
of Lot 1 Kunde Place, and to the centerline of the adjoining public right-of-way, all in the City of
Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect upon publication, as provided by law.
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Passed, approved and adopted this 21 day of June, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of rezoning of
the property described as: West portion of Lot 1 Kunde Place, and to the center line of the
adjoining public right-of-way, all in the City of Dubuque, Iowa, which is the subject of
Ordinance No. 29-10, a copy of which is attached hereto and incorporated herein by reference,
the undersigned property owners, agree to the following conditions, all of which the property
owner further agrees are reasonable and are imposed to satisfy public needs which are
caused directly by the rezoning:
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A) Performance Standards
1) That a minimum of 70 evergreens shall be planted along the west side of the
property.
B) Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance governing
zoning reclassifications. All such modifications must be approved by the City Council of
Dubuque, Iowa.
C) Recording. A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accepted as part of this rezoning
approval within thirty (30) days of the adoption of Ordinance No. 29-10.
D) Construction. This Agreement shall be construed and interpreted as though it were part
of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the
Zoning Ordinance of the City of Dubuque, Iowa.
E) This Agreement shall be binding upon the undersigned and his/her heirs, successor and
assignees.
ACCEPTANCE OF ORDINANCE NO. 29-10
I, Toby Kress, having read the terms and conditions of the foregoing Ordinance No. 29-10
and being familiar with the conditions thereof, hereby accept this same and agree to the
conditions required therein.
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Dated in Dubuque, Iowa this 9 day of June, 2010.
/s/Toby Kress
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Published officially in the Telegraph Herald Newspaper the 25 day of June, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
Request to Rezone – Scott Potter: Proof of publication on notice of public hearing to
consider a request from Scott Potter to rezone property located at 525 Garfield Avenue / 1907
and 1911 Johnson Street from C-1 Neighborhood Commercial District and R-2A Alternate
Two-Family Residential District to C-3 General Commercial District and Zoning Advisory
Commission recommending approval. Motion by Connors to receive and file the documents
and that the requirement that a proposed ordinance be considered and voted on for passage
at two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Jones. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 30-10 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 525 Garfield and 1907 and 1911
Johnson Street from C-1 Neighborhood Commercial District and R-2A Alternate Two-Family
Residential District to C-3 General Commercial District. Seconded by Braig. Scott Potter, 515
Garfield, spoke in support of the proposed ordinance. Planning Services Manager Laura
Carstens provided a staff report. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 30-10
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED AT 525 GARFIELD AND 1907 & 1911 JOHNSON STREET FROM C-1
NEIGHBORHOOD COMMERCIAL DISTRICT AND R-2A ALTERNATE TWO-FAMILY
RESIDENTIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, is hereby amended by reclassifying the hereinafter described property from C-1
Neighborhood Commercial District and R-2A Alternate Two-Family Residential District to C-3
General Commercial District, to wit: Lot 1, Lot 3 and Lot 4 of Scharles Subdivision, and to the
centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take affect upon publications, as provided by
law.
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Passed, approved and adopted this 21 day of June, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 26 day of June, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
Victory Café – Development Agreement: Proof of publication on notice of public hearing to
consider a Development Agreement between the City and Victory Café – Dubuque, Inc., to
redevelop property at 756 Main Street and City Manager recommending approval. Motion by
Voetberg to receive and file the documents and adopt Resolution No. 209-10 Approving a
Development Agreement with Victory Café – Dubuque, Inc., for the property located at 756
Main Street. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 209-10
APPROVING A DEVELOPMENT AGREEMENT WITH THE VICTORY CAFÉ – DUBUQUE,
INC., FOR THE PROPERTY LOCATED AT 756 MAIN STREET
Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant
Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal
District; and
Whereas, the City of Dubuque, Iowa, is encouraging the use of this loan/grant program to
finance code compliance activities and to spur job creation activities; and
Whereas, the loan application from The Victory Café – Dubuque, Inc., meets the
requirements of this program; and
Whereas, it is the determination of this Council that approval of the Development Agreement
for the rehabilitation of the Property by The Victory Café – Dubuque, Inc., according to the
terms and conditions set out in the Development Agreement is in the public interest of the City
of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement with The Victory Café – Dubuque, Inc., is
hereby accepted and approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, the attached Development Agreement with The Victory Café –
Dubuque, Inc.
Section 3. That the City Manager is hereby authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized
to disburse loan funds from the Downtown Rehabilitation Loan/Grant Program, in accordance
with the terms and conditions of the executed agreement.
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Passed, approved and adopted this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Loan Agreement with Iowa Finance Authority: Proof of publication on notice of public
hearing to consider a loan agreement with the Iowa Finance Authority for $4.5 million to create
workforce housing rental units in the Historic Millwork District and City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No. 210-
10 Instituting proceedings to take additional action for the authorization of a loan agreement
with the Iowa Finance Authority; Resolution No. 211-10 Approving and authorizing a form of
loan agreement and authorizing and providing for the issuance and securing the payment of a
promissory note of the City of Dubuque, Iowa, and providing for a method of payment of said
note; and Resolution No. 212-10 Approving a loan agreement with the Iowa Finance Authority
(IFA) on behalf of the City of Dubuque to establish a local revolving loan fund for workforce
and market rate housing in the Historic Millwork District. Seconded by Voetberg. Dubuque
Main Street Executive Director Dan LoBianco spoke in support of the recommendation. Motion
carried 7-0.
RESOLUTION NO. 210-10
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN AGREEMENT WITH THE IOWA FINANCE AUTHORITY
Whereas, pursuant to notice published as required by law, this Council has held a public
meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan
Agreement with the Iowa Finance Authority in the principal amount of $4,500,000 for the
purpose of paying costs of the funding of workforce housing assistance loans to private
developers constructing improvements and rehabilitating historic buildings for residential and
commercial use in the Greater Downtown Urban Renewal Area, and has considered the extent
of objections received from residents or property owners as to the proposal and, accordingly
the following action is now considered to be in the best interests of the City and residents
thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That this Council does hereby institute proceedings and take additional action for
the authorization of a Loan Agreement for the foregoing purpose.
st
Passed and approved this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 211-10
RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND
AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT
OF A PROMISSORY NOTE OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR A
METHOD OF PAYMENT OF SAID NOTE
Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the
laws and Constitution of the State of Iowa; and
Whereas, the Issuer is in need of funds to pay costs of the funding of workforce housing
assistance loans to private developers constructing improvements and rehabilitating historic
buildings for residential and commercial use in the Greater Downtown Urban Renewal Area,
an essential corporate purpose, and it is deemed necessary and advisable that a form of Loan
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Agreement with the Iowa Finance Authority in the principal amount of $4,500,000 be approved
and authorized; and
Whereas, pursuant to notice published as required by Sections 384.24A and 384.25 of said
Code, this Council has held a public meeting and hearing upon the proposal to institute
proceedings and is therefore now authorized to proceed with the issuance of the Loan
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
"Issuer" and "City" shall mean the City of Dubuque, State of Iowa.
"Lender" shall mean the Iowa Finance Authority.
"Loan Agreement" shall mean a Loan Agreement between the Issuer and the
Lender in substantially the form attached to and approved by this Resolution.
"Note Fund" shall mean the fund created in Section 4 of this Resolution.
"Paying Agent" shall mean the City Treasurer, or such successor as may be
approved by Issuer as provided herein and who shall carry out the duties prescribed
herein as Issuer's agent to provide for the payment of principal of and interest on the
Note as the same shall become due.
"Project" shall mean the costs of the funding of workforce housing assistance
loans to private developers constructing improvements and rehabilitating historic
buildings for residential and commercial use in the Greater Downtown Urban Renewal
Area.
"Project Fund" shall mean the fund required to be established by this Resolution
for the deposit of the proceeds of the Note.
"Promissory Note" or "Note" shall mean the Promissory Note issued by the City
to the Lender under the terms of the Loan Agreement in the aggregate amount of
$4,500,000, authorized to be issued by this Resolution.
"Registrar" shall mean the City Treasurer of Dubuque, Iowa, or such successor
as may be approved by Issuer as provided herein and who shall carry out the duties
prescribed herein with respect to maintaining a register of the owners of the Note.
Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Note.
"Resolution" shall mean this resolution authorizing the Loan Agreement.
"Treasurer" shall mean the City Treasurer or such other officer as shall succeed
to the same duties and responsibilities with respect to the recording and payment of the
Notes issued hereunder.
Section 2. Loan Agreement. The form of Loan Agreement in substantially the form attached
to this Resolution is hereby approved and is authorized to be executed and issued on behalf of
the Issuer by the Mayor and attested by the City Clerk.
Section 3. Levy and Certification of Annual Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal
and interest of the Note hereinafter authorized to be issued, there is hereby levied for
each future year the following direct annual tax on all of the taxable property in the City
of Dubuque, State of Iowa, to-wit:
FISCAL YEAR
(JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION
$135,000 2010/2011
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$135,000 2011/2012
$135,000 2012/2013
$135,000 2013/2014
$135,000 2014/2015
$135,000 2015/2016
$135,000 2016/2017
$135,000 2017/2018
$135,000 2018/2019
$217,922 2019/2020
$300,844 2020/2021
$300,844 2021/2022
$300,844 2022/2023
$300,844 2023/2024
$300,844 2024/2025
$300,844 2025/2026
$300,844 2026/2027
$300,844 2027/2028
$300,844 2028/2029
$2,771,700 2029/2030
(NOTE: For example the levy to be made and certified against the taxable valuations
of January 1, 2009, will be collected during the fiscal year commencing July 1, 2010).
(b) Resolution to be Filed With County Auditor. A certified copy of this Resolution
shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby
instructed in and for each of the years as provided, to levy and assess the tax hereby
authorized in Section 3 of this Resolution, in like manner as other taxes are levied and
assessed, and such taxes so levied in and for each of the years aforesaid be collected
in like manner as other taxes of the City are collected, and when collected be used for
the purpose of paying principal and interest on said Note issued in anticipation of the
tax, and for no other purpose whatsoever.
(c) Additional City Funds Available. Loan repayments received from borrowers of the
Note proceeds shall be applied to abate the levy of taxes described herein. In addition,
principal and interest coming due at anytime when the proceeds of said tax on hand
shall be insufficient to pay the same shall be promptly paid when due from current funds
of the City available for that purpose and reimbursement shall be made from such
special fund in the amounts thus advanced.
Section 4. Note Fund. Said tax shall be assessed and collected each year at the same time
and in the same manner as, and in addition to, all other taxes in and for the City, and when
collected they shall be converted into a special fund within the Debt Service Fund to be known
as the "2010 GENERAL OBLIGATION PROMISSORY NOTE FUND" (the "Note Fund"), which
is hereby pledged for and shall be used only for the payment of the principal of and interest on
the Note hereinafter authorized to be issued; and also there shall be apportioned to said fund
its proportion of taxes received by the City from property that is centrally assessed by the State
of Iowa.
Section 5. Application of Note Proceeds. Proceeds of the Note shall be credited to the
Project Fund and expended therefrom for the purposes of the Project. Any amounts on hand in
the Project Fund shall be available for the payment of the principal of or interest on the Note at
any time that other funds shall be insufficient to the purpose, in which event such funds shall
be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project
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Fund and not immediately required for its purposes may be invested not inconsistent with
limitations provided by law or this Resolution.
Section 6. Investments of Note Fund Proceeds. All moneys held in the Note Fund and the
Project Fund, shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2009,
as amended, or deposited in financial institutions which are members of the Federal Deposit
Insurance Corporation and the deposits in which are insured 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 continuously secured in compliance with Chapter 12C of
the Code of Iowa, 2009, as amended, or otherwise by a valid pledge of direct obligations of the
United States Government having an equivalent market value. All such interim investments
shall mature before the date on which the moneys are required for payment of principal of or
interest on the Note as herein provided.
Section 7. Note Details, Execution and Redemption.
(a) Note Details. The Note shall be issued to evidence the obligations of the Issuer
under the Loan Agreement pursuant to the provisions of Sections 384.24A, and 384.25
of the City Code of Iowa, as amended, for the aforesaid purpose. The Note shall be
designated "$4,500,000 PROMISSORY NOTE", be dated the date of delivery and bear
interest from the date thereof, until payment thereof, at the office of the Paying Agent,
said interest payable on December 1, 2010, and semiannually thereafter on the 1st day
of June and December in each year until maturity at the rates hereinafter provided.
The Note shall be executed by the manual signature of the Mayor and attested by the
manual signature of the City Clerk, and impressed with the seal of the City and shall be
fully registered as to both principal and interest as provided in this Resolution; principal,
interest and premium, if any, shall be payable at the office of the Paying Agent by
mailing of a check to the registered owner of the Note. The Note shall mature and bear
interest as set forth therein.
(b) Redemption. The Note may be called for redemption by the Issuer and paid
before maturity on any date, from any funds regardless of source, in whole or from time
to time in part, in any order of maturity and within an annual maturity by lot. The terms of
redemption shall be par, plus accrued interest to date of call.
Thirty day’s notice of redemption shall be given by first class mail to the registered
owner of the Note. Failure to give such notice by mail to any registered owner of the
Note or any defect therein shall not affect the validity of any proceedings for the
redemption of the Note. The Note or portions thereof called for redemption will cease to
bear interest after the specified redemption date, provided funds for their redemption
are on deposit at the place of payment.
Section 8. Registration of Note; Appointment of Registrar; Transfer; Ownership; Delivery;
and Cancellation.
(a) Registration. The ownership of the Note may be transferred only by the making of
an entry upon the books kept for the registration and transfer of ownership of the Note,
and in no other way. The Treasurer is hereby appointed as Registrar under the terms of
this Resolution. Registrar shall maintain the books of the Issuer for the registration of
ownership of the Note for the payment of principal of and interest on the Note as
provided in this Resolution. The Note shall be negotiable as provided in Article 8 of the
Uniform Commercial Code subject to the provisions for registration and transfer
contained in the Notes and in this Resolution.
(b) Transfer. The ownership of any Note may be transferred only upon the
Registration Books kept for the registration and transfer of Note and only upon
surrender thereof at the office of the Registrar together with an assignment duly
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executed by the holder or his duly authorized attorney in fact in such form as shall be
satisfactory to the Registrar, along with the address and social security number or
federal employer identification number of such transferee (or, if registration is to be
made in the name of multiple individuals, of all such transferees). In the event that the
address of the registered owner of a Note (other than a registered owner which is the
nominee of the broker or dealer in question) is that of a broker or dealer, there must be
disclosed on the Registration Books the information pertaining to the registered owner
required above. Upon the transfer of any such Note, a new fully registered Note, of any
denomination or denominations permitted by this Resolution in aggregate principal
amount equal to the unmatured and unredeemed principal amount of such transferred
fully registered Note, and bearing interest at the same rate and maturing on the same
date or dates shall be delivered by the Registrar.
(c) Registration of Transferred Note. In all cases of the transfer of the Note, the
Registrar shall register, at the earliest practicable time, on the Registration Books, the
Note, in accordance with the provisions of this Resolution.
(d) Ownership. As to any Note, the person in whose name the ownership of the same
shall be registered on the Registration Books of the Registrar shall be deemed and
regarded as the absolute owner thereof for all purposes, and payment of or on account
of the principal of any such Note and the premium, if any, and interest thereon shall be
made only to or upon the order of the registered owner thereof or his legal
representative. All such payments shall be valid and effectual to satisfy and discharge
the liability upon such Note, including the interest thereon, to the extent of the sum or
sums so paid.
(e) Cancellation. All Notes which have been redeemed shall not be reissued but shall
be cancelled by the Registrar. All Notes which are cancelled by the Registrar shall be
destroyed and a certificate of the destruction thereof shall be furnished promptly to the
Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the
cancelled Notes to the Issuer.
(f) Non-Presentment of Note. In the event any payment check representing payment
of principal of or interest on the Note is returned to the Paying Agent or if any Note is
not presented for payment of principal at the maturity or redemption date, if funds
sufficient to pay such principal of or interest on Note shall have been made available to
the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the
owner thereof for such interest or payment of such Note shall forthwith cease, terminate
and be completely discharged, and thereupon it shall be the duty of the Paying Agent to
hold such funds, without liability for interest thereon, for the benefit of the owner of such
Note who shall thereafter be restricted exclusively to such funds for any claim of
whatever nature on his part under this Resolution or on, or with respect to, such interest
or Notes. The Paying Agent's obligation to hold such funds shall continue for a period
equal to two years and six months following the date on which such interest or principal
became due, whether at maturity, or at the date fixed for redemption thereof, or
otherwise, at which time the Paying Agent, shall surrender any remaining funds so held
to the Issuer, whereupon any claim under this Resolution by the Owners of such interest
or Notes of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the
Issuer's expense, one Note for each annual maturity. The Registrar shall furnish
additional Notes in lesser denominations (but not less than the minimum denomination)
to an owner who so requests.
26
Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any
outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the
request of Registrar authenticate and deliver a new Note of like tenor and amount as the Note
so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note to
Registrar, upon surrender of such mutilated Note, or in lieu of and substitution for the Note
destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar
and Issuer that such Note has been destroyed, stolen or lost and proof of ownership thereof,
and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with
such other reasonable regulations as the Issuer or its agent may prescribe and paying such
expenses as the Issuer may incur in connection therewith.
Section 10. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Note, shall be made to the registered holder thereof or to
their designated Agent as the same appear on the books of the Registrar on the 15th day
preceding the payment date. All such payments shall fully discharge the obligations of the
Issuer in respect of such Note to the extent of the payments so made. Payment of principal
shall only be made upon surrender of the Note to the Paying Agent.
Section 11. Execution, Authentication and Delivery of the Note. The Mayor and Clerk shall
execute and deliver the Note to the Registrar, who shall authenticate the Note and deliver the
same to or upon order of the Lender. No Note shall be valid or obligatory for any purpose or
shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and
execute on such Note a Certificate of Authentication substantially in the form of the Certificate
herein set forth. Such Certificate upon any Note executed on behalf of the Issuer shall be
conclusive evidence that the Note so authenticated has been duly issued under this Resolution
and that the holder thereof is entitled to the benefits of this Resolution.
Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to
name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to
each registered noteholder.
Section 13. Form of Note. The Note shall be substantially in the form as set forth in the Loan
Agreement.
Section 14. Contract Between Issuer and Purchaser. This Resolution shall constitute a
contract between said City and the purchaser of the Note.
Section 15. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions
hereof, and this Resolution shall become effective immediately upon its passage and approval.
Section 16. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions
and parts of ordinances and resolutions in conflict herewith are hereby repealed.
st
Passed an approved this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 212-10
APPROVING A LOAN AGREEMENT WITH THE IOWA FINANCE AUTHORITY (IFA) ON
BEHALF OF THE CITY OF DUBUQUE TO ESTABLISH A LOCAL REVOLVING LOAN
FUND FOR WORKFORCE AND MARKET RATE HOUSING IN THE HISTORIC MILLWORK
DISTRICT.
Whereas, the City has been working with the Iowa Finance Authority to create a state pool
of funding to address the shortage of workforce housing; and
Whereas, the Iowa Finance Authority has established a pool of funds to establish a low
interest loan program to assist in the creation of workforce housing; and
27
Whereas, the low interest loan program would provide funds to assist Millwork District
projects in creating workforce (120% of area median income and below) and market rate
housing; and
Whereas, the City of Dubuque, Iowa is eligible for funding from the Iowa Finance Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the loan agreement to establish a local revolving loan fund for workforce
housing is hereby accepted and approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, the attached loan agreement with the Iowa Finance Authority.
st
Passed, approved, and adopted this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
thth
Green Alley Project – 15 to 16 Street from Washington to Elm Streets: Proof of
publication on notice of public hearing to consider the plans and specifications, form of contract
thth
and estimated cost for the Green Alley Project – 15 to 16 Street from Washington to Elm
Streets. Motion by Voetberg to receive and file the documents and adopt Resolution No. 213-
10 Approving plans, specifications, form of contract, and estimated cost for the Green Alley
thth
Project – 15 to 16 Street from Washington to Elm Streets. Seconded by Connors. Motion
carried 7-0.
RESOLUTION NO. 213-10
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
THTH
COST FOR THE GREEN ALLEY PROJECT (15 – 16, BETWEEN WASHINGTON & ELM
STREETS)
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 Green
thth
Alley Project (15 – 16, between Washington & Elm Streets), in the estimated amount
$165,091.80, are hereby approved.
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Passed, adopted and approved this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Regional Airport – Jet Drive Resurfacing Project: Proof of publication on notice of
public hearing to consider the plans and specifications, form of contract and estimated cost for
the Dubuque Regional Airport – Jet Drive Resurfacing Project and City Manager
recommending approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 214-10 Approving plans, specifications, form of contract and estimated cost for
the Dubuque Regional Airport – Jet Drive Resurfacing Project. Seconded by Braig. Motion
carried 7-0.
RESOLUTION NO. 214-10
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE DUBUQUE REGIONAL AIRPORT JET CENTER DRIVE RESURFACING
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
28
That the proposed plans, specifications, form of contract and estimated cost for the
Dubuque Regional Airport Jet Center Drive Resurfacing Project, in the estimated amount
$97,584.63, are hereby approved.
st
Passed, adopted and approved this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
IA 32 Geometric and Signalization Improvements – US 20 to JFK Road Project: Proof of
publication on notice of public hearing to consider the plans and specifications, form of contract
and estimated cost for the IA 32 Geometric and Signalization Improvements – US 20 to JFK
Road Project and City Manager recommending approval. Motion by Braig to receive and file
the documents and adopt Resolution No. 215-10 Approving plans, specifications, form of
contract and estimated cost for the IA 32 Geometric and Signalization Improvements – US 20
to JFK Road Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 215-10
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE IA 32 GEOMETRIC AND SIGNALIZATION IMPROVEMENTS PROJECT,
US 20 TO JOHN F. KENNEDY ROAD (IOWA DOT PROJECT NO. STP-A-32-1(29)--86-31)
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the IA 32
Geometric and Signalization Improvements Project, US 20 to John F. Kennedy Road, Iowa
DOT Project No. STP-A-32-1(29)--86-31, in the estimated amount $791,110.05, are hereby
approved.
st
Passed, adopted and approved this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Tenth and Central Parking Ramp and Fire Headquarters Expansion Project: Proof of
publication on notice of public hearing to consider the plans and specifications, form of contract
and estimated cost for the Tenth and Central Parking Ramp and Fire Headquarters Expansion
Project and City Manager recommending approval. Motion by Jones to receive and file the
documents and adopt Resolution No. 216-10 Approving plans, specifications, form of contract,
and estimated cost for the Tenth and Central Parking Ramp and Fire Headquarters Expansion
Project. Seconded by Voetberg. Motion carried 7-0.
RESOLUTION NO. 216-10
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
th
COST FOR THE 10 & CENTRAL PARKING RAMP AND FIRE HEADQUARTERS
EXPANSION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
th
That the proposed plans, specifications, form of contract and estimated cost for the 10 &
Central Parking Ramp and Fire Headquarters Expansion Project, in the estimated amount of
$9,754,412.00 (partially funded by the U.S. Department of Commerce Economic Development
th
Administration Award # 05-01-04941) for the 10 & Central Parking Ramp and the estimated
amount of $689,060.00 (completely funded by General Obligation Bonds) for the Fire
Headquarters Expansion Project, are hereby approved.
29
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Passed, approved and adopted this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Neighborhood Stabilization Program: Proof of publication on notice of public hearing to
consider submission of an application to the Iowa Department of Economic Development
(IDED) for Neighborhood Stabilization Program (NSP) funds and City Manager recommending
approval. Motion by Voetberg to receive and file the documents and adopt Resolution No. 217-
10 Authorizing an application to the Iowa Department of Economic Development (IDED) for
Neighborhood Stabilization Program funds. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 217-10
AUTHORIZING AN APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT (IDED) FOR NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
FUNDS
Whereas, the City Council of the City of Dubuque, Iowa set a public hearing on June 7,
2010 and published a public notice in the Telegraph Herald newspaper on June 21, 2010 for
receiving public comment for the purpose of submitting an application to IDED for
Neighborhood Stabilization Program funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager is hereby authorized and directed to prepare and to
submit to the Iowa Department of Economic Development an application for Neighborhood
Stabilization Program funds, and to sign the standard contract for administration of the
awarded funds.
st
Passed, approved and adopted this 21 day of June 2010.
Roy D Buol, Mayor
Attest: Jeanne F Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Dubuque Works: Sarah Harris, Director of Workforce Development, provided a verbal
update on Dubuque Works.
Greater Dubuque Development Corporation: Rick Dickinson, Executive Director – Greater
Dubuque Development Corporation, provided a verbal update on the activities of the Greater
Dubuque Development Corporation.
Motion by Jones to receive and file the reports. Seconded by Voetberg. Motion carried 7-0.
Fiscal Year 2011 Arts and Cultural Funding Program for Operating Support: Arts and
Cultural Affairs Advisory Commission recommending approval of thirteen Fiscal Year 2011
Arts and Cultural Funding Program Operating Support requests and authorization for the City
Manager to sign the funding agreements. Motion by Voetberg to receive and file the
documents and approve the recommendation. Seconded by Lynch. Motion carried 7-0.
Fiscal Year 2011 Special Projects Arts and Cultural Grant Program: Arts and Cultural Affairs
Advisory Commission recommending approval of the Fiscal Year 2011 Arts and Cultural Grant
Program for Special Projects and authorization for the City Manager to sign the grant
30
agreements. Motion by Voetberg to receive and file the documents and approve the
recommendation. Seconded by Resnick. Motion carried 7-0.
Solid Waste Collection Fees: City Manager recommending approval of a proposed
ordinance regarding solid waste collection fees. Motion by Jones to receive and file the
documents and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Connors. Motion carried 7-0.
Motion by Voetberg for final consideration and passage of Ordinance No. 31-10 Repealing
City of Dubuque Ordinance 16-10, amending Title 13 Public Utilities, Chapter 6 Solid Waste,
Section 13-6A-6 Rates and Charges Established; Exceptions, Subsections A, B, C, D, and E;
and amending Title 13 Public Utilities, Chapter 6 Solid Waste, Section 13-6A-8 Yard Waste
and Food Scraps, Subsection D. Seconded by Jones. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 31-10
REPEALING CITY OF DUBUQUE ORDINANCE 16-10, AMENDING TITLE 13 PUBLIC
UTILITIES, CHAPTER 6 SOLID WASTE, SECTION 13-6A-6 RATES AND CHARGES
ESTABLISHED; EXCEPTIONS, SUBSECTIONS A, B, C, D, AND E; AND AMENDING TITLE
13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, SECTION 13-6A-8 YARD WASTE AND
FOOD SCRAPS, SUBSECTION D
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13-6A-6 of the City of Dubuque Code of Ordinances is amended to read
as follows:
13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS:
A. Class I Premises: Except as qualified below, a fee of eleven dollars nine cents
($11.09) per dwelling unit per month shall be paid to the city by the property owner of
each class I premises for such services. Said fee shall be in payment for collection and
disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined in
this chapter. There is no limit on the number of bins allowed to be collected containing
acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection
charges for class I premises are as follows:
. . . .
B. Class II Premises:
1. A fee of eleven dollars nine cents ($11.09) per month shall be paid to the city by
the property owner of each class II premises for such services. Said fee shall be in
payment for collection and disposal of one 35-gallon can or one 35-gallon trash
bag of "solid waste" as defined. There is no limit on the number of bins allowed to
be collected containing acceptable "recyclable materials" as defined.
. . . .
C. Class III Premises:
1. A fee of eleven dollars nine cents ($11.09) per month shall be paid to the city by
the property owner of each class III premises for such services. Said fee shall be
in payment for collection and disposal of one 35-gallon can or one 35-gallon trash
bag of "solid waste" as defined. There is no limit on the number of bins allowed to
be collected containing acceptable "recyclable materials" as defined.
. . . .
D. Unit Based Pricing:
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. . . .
4. Multiple-family dwellings of three (3), four (4), five (5), and six (6) dwelling units
as well as class II or class III premises sharing a common set out location with
other city solid waste customers shall only use approved solid waste containers
with permanent identification as to the specific premises.
. . . .
E. Special Collection: The charge for a special collection service for large and bulky
rubbish to each dwelling unit receiving such service when requested by the owner shall
be as follows:
1. A fee of eight dollars ($8.00) shall be paid by the owner for each time the
service is provided for up to the equivalent of three (3) cubic yards of waste.
2. An additional fee of eight dollars ($8.00) shall be paid for each additional three
(3) cubic yards of solid waste.
. . . .
Section 2. Section 13-6A-8 of the City of Dubuque Code of Ordinances is amended to read
as follows:
13-6A-8. YARD WASTE AND FOOD SCRAPS.
. . . .
D. Preparation of Waste: Containerized yard waste collected by the city shall be placed
in degradable paper bags with an affixed single use sticker or in rigid waste containers
with an affixed single use tag or in permanent waste containers with an affixed annual
yard waste decal or in a subscribed sixty five (65) gallon city owned yard waste cart or
be contained by tying devices approved by the city manager. The charges for collection
and disposal of "yard waste" as defined shall be as follows:
1. The fee for tying devices approved by the city manager shall be one dollar
thirty cents ($1.30) each.
2. The fee paid to the city by a customer of record with the city for an annual yard
waste decal for a rigid waste container shall be thirty dollars ($30.00) each
through June 30 of each year. The fee shall be reduced by one-half (1/2) on July
1 of each year and again by one-half (1/2) on September 1 of each year. A decal
shall only be used by the customer of record with the city who purchased it.
3. The fee for single use stickers shall be one dollar thirty cents ($1.30) each.
4. The fee paid to the city for subscription to a sixty five (65) gallon city owned
yard waste cart shall be fourteen dollars fifty cents ($14.50) per month with a
one-time nonrefundable start up fee of twenty dollars ($20.00).
. . . .
Section 3. This Ordinance shall take effect on the 1st day of July, 2010.
st
Passed, approved and adopted the 21 day of June, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 25 day of June, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
Water Pollution Control Plant Modification Project: City Manager recommending award of
the public improvement contract for the Water Pollution Control Plant Modification Project to
Miron Construction Co., Inc., of Cedar Rapids, Iowa, for the base bid amount of $49,750,000
and also authorize the inclusion of bid alternatives 1B, 2 and 6 for an additional amount of
$757,418 and further recommending a sewer rate increase for Fiscal Year 2011. Motion by
Connors to receive and file the documents, adopt Resolution No. 218-10 Construction contract
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for the Water Pollution Control Plant Modification Project, and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 32-10 Amending
the City of Dubuque Code of Ordinances Sections 13-2C-3(B) and 13-2C-3(C)(7) Establishing
Basic Sewer Rates for Residential and Commercial Users by increasing the rates. Seconded
by Jones. Responding to questions from City Council, Water Pollution Control Plant Manager
Jonathan Brown stated that the City paid Story Construction $50,000 for the initial project
estimate, which included a constructability analysis, drawings, and complicated specifications.
Upon request from Lynch, Brown will provide an explanation from Story Construction regarding
their miscalculation of the project estimate. Brown added that microturbines can be installed
incrementally over the 20-year design capacity of the plant. Motion carried 7-0.
RESOLUTION NO. 218-10
AWARDING CONSTRUCTION CONTRACT FOR THE WATER POLLUTION CONTROL
PLANT MODIFICATIONS PROJECT
Whereas, sealed proposals have been submitted by contractors for the Water Pollution
Control Plant Modifications Project pursuant to Resolution No. 98-10 and notice to bidders
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published in a newspaper published in the City of Dubuque, Iowa, on the 9 day of April, 2010;
and
th
Whereas, said sealed proposals were opened and read on the 20 day of May, 2010 and it
has been determined that the bid of Miron Construction Company, Inc., of Cedar Rapids, Iowa,
in the amount of $49,750,000.00 was the lowest bid for the furnishings of all labor and
materials and performing the work as provided for the plans and specification. In addition to
the base bid alternates 1B, 2, and 6 are also included for an additional amount of $757,328.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvements be awarded to Miron Construction Company,
Inc., and the Manager be and is hereby directed to execute a contract on behalf of the City of
Dubuque for the complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the approval of the contractor’s bond, the City
Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders.
st
Passed, approved and adopted this 21 day of June, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 32-10
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTIONS 13-2C-3(B)
AND 13-2C-3(C)(7) ESTABLISHING BASIC SEWER RATES FOR RESIDENTIAL AND
COMMERCIAL USERS BY INCREASING THE RATES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13-2C-3(B) of the City of Dubuque Code of Ordinances is amended to
read as follows:
Section 13-2C-3(B) Schedule of Rates:
Rates per each one hundred (100) cubic feet $2.63
Rate per each gallon $0.00352
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Section 2. Section 13-2C-3(C)(7) of the City of Dubuque Code of Ordinances is amended to
read as follows:
Where the quantity of water consumed is such that the minimum of service is charged, the
minimum sewer service charge, according to the size of the meter, shall be as follows:
Meter Size Minimum Allowance Allowance
(inches) Charge (cubic feet) (gallons)
5/8 $ 5.26 200 1,496
3/4 $ 13.15 500 3,740
1 or larger $ 21.04 800 5,984
Section 3. This Ordinance shall take effect July 1, 2010.
st
Passed, approved and adopted this 21 day of June, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 25 day of June, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
All-Terrain Vehicles / Safety Belts / Child Restraint Devices: City Manager recommending
approval of four ordinances regarding all-terrain vehicles, safety belts and child restraint
devices to bring the City of Dubuque Code of Ordinances up-to-date with State Code changes.
Motion by Jones to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Voetberg. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 33-10 Amending
the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1 General
Provisions, Section 9-1-321.1 Definitions by amending the definition of all-terrain vehicles;
Ordinance No. 34-10 Amending the City of Dubuque Code of Ordinances Title 9 Motor
Vehicles and Traffic, Chapter 5 Obedience to and Effect of Traffic Laws, Section 9-5-321.234A
All-Terrain Vehicles by amending certain roadway use restrictions therein; Ordinance No. 35-
10 Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic,
Chapter 12 Equipment, Section 9-12-321.445 Safety Belts and Safety Harnesses by modifying
the age when safety belt use is required and establishing the violations and penalties for failure
to wear safety belts; and Ordinance No. 36-10 Amending the City of Dubuque Code of
Ordinances Title 9 Motor Vehicles and Traffic, Chapter 12 Equipment, Section 9-12-321.446
Child Restraint Devices by modifying the age when use of child restraint devices or safety belts
is required and providing exceptions to such requirements and providing the process for
establishing violations for failure to use child restraint devices or safety belts. Seconded by
Jones. Addressing concerns expressed by City Council, City Attorney Lindahl will check on
additional restrictions for the use of ATVs within the City limits. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 33-10
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES
AND TRAFFIC, CHAPTER 1 GENERAL PROVISIONS, SECTION 9-1-321.1 DEFINITIONS
BY AMENDING THE DEFINITION OF ALL-TERRAIN VEHICLE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. Section 9-1-321.1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
9-1-321.1: DEFINITIONS:
The following words and phrases, when used in this title shall, for the purpose of this title,
have the meanings respectively ascribed to them in this section:
ALL-TERRAIN VEHICLE: A motor vehicle designed to travel on three (3) or more
wheels and designed primarily for off road use. “All-terrain vehicle” includes off-road
utility vehicles as defined in Iowa Code Section 321l.1, but does not include farm
tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds
maintenance vehicles when used for farming, construction, commercial deliveries,
forestry, lawn and grounds maintenance, or towing for utility as opposed to recreational
uses.
. . . .
Section 2. This Ordinance shall take effect on July 1, 2010.
st
Passed, approved and adopted the 21 day of June, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 25 day of June, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 34-10
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES
AND TRAFFIC, CHAPTER 5 OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS, SECTION
9-5-321.234A ALL-TERRAIN VEHICLES BY AMENDING CERTAIN ROADWAY USE
RESTRICTIONS THEREIN
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-5-321.234A of the City of Dubuque Code of Ordinances is amended to
read as follows:
9-5-321.234A: ALL-TERRAIN VEHICLES:
A. Roadway Use:
1. All-terrain vehicles shall not be operated on a roadway unless one or more of the
following conditions apply:
a. The operation is between sunrise and sunset and is incidental to the
vehicle's use for agricultural purposes. For purposes of this paragraph,
“incidental to the vehicle’s use for agricultural purposes” includes stopping in
the course of agricultural use to obtain fuel for the all-terrain vehicle or to
obtain food or a non-alcoholic beverage for the operator.
. . . .
Section 2. This Ordinance shall take effect on July 1, 2010.
st
Passed, approved and adopted the 21day of June, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 25 day of June, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
35
OFFICIAL PUBLICATION
ORDINANCE NO. 35-10
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES
AND TRAFFIC, CHAPTER 12 EQUIPMENT, SECTION 9-12-321.445 SAFETY BELTS AND
SAFETY HARNESSES BY MODIFYING THE AGE WHEN SAFETY BELT USE IS
REQUIRED AND ESTABLISHING THE VIOLATIONS AND PENALTIES FOR FAILURE TO
WEAR SAFETY BELTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-12-321.445 of the City of Dubuque Code of Ordinances is amended to
read as follows:
9-12-321.445: SAFETY BELTS AND SAFETY HARNESSES:
A. It shall be unlawful for any driver or front seat occupant of a 1966 model year or
newer model motor vehicle which is subject to registration in Iowa, except a motorcycle
or a motorized bicycle, not to wear a properly adjusted and fastened safety belt or
safety harness any time the vehicle is in forward motion on a street in this city, except
that a child under eighteen (18) years of age shall be secured as required under section
9-12-321.446 of this chapter. The safety belt or safety harness system used in the
vehicle must meet standards as required under state of Iowa Code section 321.445(1)
for safety belts and safety harnesses.
This section shall not apply to:
. . . .
5. A person possessing a written certification from a health care provider licensed
under Iowa Code, on a form provided by the Iowa Department of Transportation
that the person is unable to wear a safety belt or safety harness due to physical
or medical reasons. The certification shall specify the time period for which the
exemption applies. The time period shall not exceed twelve (12) months, at
which time a new certification may be issued.
. . . .
B. The driver and front seat passengers may each be charged separately for improperly
used or nonused equipment under subsection A of this section. However, the driver
shall not be charged for a violation committed by a passenger who is fourteen (14)
years of age or older unless the passenger is unable to properly fasten a seat belt due
to a temporary or permanent disability. The owner of the motor vehicle may be charged
for equipment violations.
. . . .
Section 2. This Ordinance shall take effect on July 1, 2010.
st
Passed, approved and adopted the 21 day of June, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 25 day of June, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 36-10
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES
AND TRAFFIC, CHAPTER 12 EQUIPMENT, SECTION 9-12-321.446 CHILD RESTRAINT
DEVICES BY MODIFYING THE AGE WHEN USE OF CHILD RESTRAINT DEVICES OR
36
SAFETY BELTS IS REQUIRED AND PROVIDING EXCEPTIONS TO SUCH
REQUIREMENTS, AND PROVIDING THE PROCESS FOR ESTABLISHING VIOLATIONS
FOR FAILURE TO USE CHILD RESTRAINT DEVICES OR SAFETY BELTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-12-321.446 of the City of Dubuque Code of Ordinances is amended to
read as follows:
9-12-321.446: CHILD RESTRAINT DEVICES:
. . . .
C. A child at least six (6) years of age but under eighteen (18) years of age who is
being transported in a motor vehicle subject to registration by the state, except a school
bus or motorcycle, shall be secured during transit by a child restraint system that is used
in accordance with the manufacturer's instruction or by a safety belt or safety harness.
The safety belt or safety harness system used in the vehicle must meet standards as
required under Iowa Code section 321.445(1) for safety belts and safety harnesses.
D. This section does not apply to the following:
. . . .
6. The transportation of a child who has been certified by a physician licensed
under Iowa Code, as having a medical, physical, or mental condition which
prevents or makes inadvisable securing the child in a child restraint system,
safety belt, or safety harness.7. A back seat occupant of a motor vehicle for
whom no safety belt is available because all safety belts are being used by other
occupants or cannot be used due to the use of a child restraint system in the
seating position for which a belt is provided.
E. A person who violates this section is guilty of a simple misdemeanor punishable as
a scheduled violation under section 805.8A, subsection 14, paragraph “c”. Violations
shall be charged as follows:
1. An operator who transports a passenger under fourteen (14) years of age in
violation of subsection A, B, or C may be charged with a violation of this section.
2. If a passenger fourteen (14) years of age or older is unable to properly
fasten a seatbelt due to a temporary or permanent disability, an operator who
transports such a person in violation of subsection C may be charged with a
violation of this section. Otherwise, a passenger fourteen (14) years of age or
older who violates subsection C shall be charged in lieu of the operator.
3. If a child under fourteen (14) years of age, or a child fourteen (14) years of
age or older who is unable to fasten a seatbelt due to a temporary or permanent
disability, is being transported in a taxicab in a manner that is not in compliance
with subsection A, B, or C, the parent, legal guardian, or other responsible adult
traveling with the child shall be served with a citation for a violation of this section
in lieu of the taxicab operator. Otherwise, if a passenger being transported in the
taxicab is fourteen (14) years of age or older, the citation shall be served on the
passenger in lieu of the taxicab operator.
F. For purposes of this section, "child restraint system" means a specially designed
seating system, including a belt positioning seat or a booster seat that meets federal
motor vehicle safety standards.
Section 2. This Ordinance shall take effect on July 1, 2010.
st
Passed, approved and adopted the 21 day of June, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
37
th
Published officially in the Telegraph Herald Newspaper the 25 day of June, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
Dubuque County Empowerment (Tabled on June 7, 2010): Communication from Wayne
Demmer, Chair, Dubuque County Empowerment Board Development Committee, issuing an
invitation for a City Council representative to serve on the Dubuque County Empowerment
Board. The Dubuque County Empowerment Board meetings are held on the last Tuesday of
each month from 11:30 a.m. to 1:00 p.m. Motion by Connors to remove from the table.
Seconded by Jones. Motion carried 7-0.
Motion by Voetberg to receive and file the documents and appoint Council Member Jones
as the City’s representative to the Dubuque County Empowerment Board. Seconded by Lynch.
Motion carried 7-0.
COUNCIL MEMBER REPORTS
Voetberg requested City Council concurrence to have staff form a partnership with the
school system regarding additional recreational activities and sharing of facilities.
Resnick reported that he recently greeted a group of visitors from Wisconsin who stated
they were thrilled with the treatment they received while in Dubuque.
Resnick, Jones, and Voetberg reported on their attendance at the recent Bridges Out of
Poverty graduation.
Connors reported on her attendance at the National League of Cities Conference on the
Reconnecting Disengaged Youth and that Dubuque was one of four cities invited to participate.
Connors added that this concept needs more local exposure and elected official involvement.
She requested regular updates from the Community Foundation of Greater Dubuque on Every
Child / Every Promise.
PUBLIC INPUT
School Board Member George Davis, 120 So. Grandview Avenue, provided additional
information regarding Voetberg’s suggestion of a recreational partnership stating that starting a
dialogue would be helpful to address needs and opportunities.
CLOSED SESSION
Motion by Jones to go into closed session at 8:43 p.m. regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Seconded by Braig.
Motion carried 7-0.
Upon motion the City Council reconvened in open session at 10:02 p.m. stating that staff
had been given proper direction.
There being no further business, upon motion the City Council adjourned at 10:03 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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