6 16 14 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on June 16, 2014 in
the Historic Federal Building, 350 W. 6tn Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a closed session pursuant to Chapter 21.5(1)(i) Code of
Iowa.
Motion by Jones to convene in closed session at 5:02 p.m. to discuss Professional
Evaluations - Chapter 21.5(1)(i) Code of Iowa. Seconded by Connors. Motion carried 7-
0.
Upon motion at 6:18 p.m., the City Council reconvened in open session stating that
evaluations have been completed.
There being no further business, upon motion the City Council adjourned at 6:20 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on June 16, 2014 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl arriving at 6:37
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Jones. Motion carried 7-0
1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
4/22, Cable TV Commission of 5/7, City Council proceedings of 6/2, Civil Service Com-
mission of 5/29, Enterprise Zone Commission of 5/13, Library Board of Trustees Update
of 5/22, Park and Recreation Advisory Commission of 5/13, Sister City Relationships
Advisory Commission of 5/28, Zoning Board of Adjustment of 5/22, Proof of Publication
for City Council proceedings of 5/19, Proof of Publication for List of Claims and Sum-
mary of Revenues for Month Ended 4/30. Upon motion the documents were received,
filed and approved.
2. Notice of Claims and Suits: Ann Vrotsos for vehicle damage. Upon motion the
documents were received, filed and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Ann Vrotsos for vehicle damage. Upon motion the documents were re-
ceived, filed and concurred.
4. Iowa Flood Mitigation Board - Arnold Honkamp Recognition: Iowa Flood Mitigation
Board submitting a resolution recognizing the significant contributions and passing of
Arnold N. Honkamp. Upon motion the document was received and filed.
5. National Park Service Annual Products Report and Baseline Questionnaire: City
Manager transmitting the Federal Fiscal Year 2013 National Park Service Annual Prod-
ucts Report and Baseline Questionnaire required by all certified local governments for
submission to the National Park Service. Upon motion the document was received and
filed.
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6. Lead Paint Hazard Control Program Grant Application: City Manager recommend-
ing approval of the submission of an application to the US Department of Housing and
Urban Development for continuation of the Lead Paint Hazard Control Program
throughout the City of Dubuque that includes supplemental funding for Healthy Homes
interventions. Upon motion the documents were received, filed and approved.
7. Request for Proposals - National Register of Historic Places Registration Projects:
Historic Preservation Commission requesting authorization to solicit requests for pro-
posals from qualified consultants to prepare the Iowa Street, Madison Park, Fenelon
Place, and Old Main National Register of Historic Places (NRNP) district nominations.
Upon motion the documents were received, filed and approved.
8. Request for Proposals - Phase VI Architectural Survey: Historic Preservation
Commission requesting review and authorizing to solicit proposals from qualified con-
sultants to conduct the Phase VI Historic/Architectural Survey and Evaluation. Upon
motion the documents were received, filed and approved.
9. Request for Proposals - Multicultural Family Center Phase II: City Manager rec-
ommending approval to release a Request for Proposal for architectural design and
construction administration services for the Multicultural Family Center Phase II Reno-
vation Project and authorize the City Manager to negotiate an agreement with the rec-
ommended consultant for presentation to the City Council. Upon motion the documents
were received, filed and approved.
10. 2014 Pavement Marking Project Award: City Manager recommending that the
award for the 2014 Pavement Marking Project to Selco, Inc., be officially recorded in the
minutes of the City Council. Upon motion the documents were received, filed; and made
a matter of record.
11. Purina Drive Dock Repair Project Acceptance: City Manager recommending ac-
ceptance of the construction contract for the Purina Drive Barge Docking Facility Repair
Project, as completed by Dubuque Barge and Fleeting d/b/a Newt Marine Service. Upon
motion the document was received and filed and Resolution No. 169-14 Accepting the
Purina Drive Barge Docking Facility Repair Project and authorizing the payment of the
final contract amount to the contractor was adopted.
RESOLUTION NO. 169- 14
ACCEPTING THE PURINA DRIVE BARGE DOCKING FACILITY REPAIR PROJECT
AND AUTHORIZING THE PAYMENT OF THE FINAL CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the Purina Drive Barge Docking Facili-
ty Repair Project (the Project) has been completed and IIW Engineers & Surveyors,
P.C. of Dubuque, Iowa, the City's consulting engineering firm, has examined the work
and filed a letter stating that the Project has been completed according to the terms of
the Public Improvement Contract and has recommended that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City's consulting firm is approved and the Pro-
ject is hereby accepted.
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Section 2. The Finance Director is hereby directed to pay the Contractor from the
Public Works Department's FY2014 Capital Improvement Project budget code 680-
2479 appropriation the contract amount of $608,209.15 less any retained percentage
provided therein as provided in Iowa Code, Chapter 573, and pay such retainage only in
accordance with the provisions of Iowa Code Chapter 573.
Passed, approved and adopted this 16th day of June, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Heeb Street Retaining Wall Project Acceptance: City Manager recommending
acceptance of the construction contract for the 18th & Heeb Street Retaining Wall Slope
Stabilization Project, as completed by Drew Cook & Sons Excavating, Inc. Upon motion
the document was received and filed and Resolution No. 170-14 Accepting the 18th &
Heeb Street retaining wall slope stabilization project and authorizing the payment of the
contract amount to the contractor was adopted.
RESOLUTION NO. 170-14
ACCEPTING THE 18TH & HEEB STREET RETAINING WALL SLOPE STABILIZA-
TION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT
TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the 18th & Heeb Street Retaining Wall
Slope Stabilization Project (the Project) has been completed and the City Engineer has
examined the work and filed a certificate stating that the Project has been completed
according to the terms of the Public Improvement Contract and that the City Engineer
recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
18th & Heeb Street Retaining Wall Slope Stabilization appropriations for the contract
amount of $91,230.28 less any retained percentage provided for therein as provided in
Iowa Code chapter 573, and to pay such retainage only in accordance with the provi-
sions of Iowa Code chapter 573.
Passed, approved and adopted this 16th day of June, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 18TH & HEEB
STREET RETAINING WALL SLOPE STABILIZATION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 18th & Heeb Street Retaining Wall Slope Stabilization Project, that
the Project has been performed in compliance with the terms of the Public Improve-
ment Contract, and that the total cost of the completed work is $123,262.69.
Dated this 9th day of June, 2014.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 9th day of June, 2014.
/s/Kevin S. Firnstahl, City Clerk
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13. Usha Park - Parking Lot Project Acceptance: City Manager recommending ac-
ceptance of the construction contract for the Usha Park Parking Lot Project, as com-
pleted by Drew Cook and Sons Excavating. Upon motion the document was received
and filed and Resolution No. 171-14 Accepting the Usha Park Parking Lot Project and
authorizing the payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 171-14
ACCEPTING THE USHA PARK PARKING LOT PROJECT AND AUTHORIZING THE
PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Usha Parking Lot Project (the Pro-
ject) has been completed and the City Engineer has examined the work and filed a cer-
tificate stating that the Project has been completed according to the terms of the Public
Improvement Contract and that the City Engineer recommends that the Project be ac-
cepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Usha Park Development appropriations for the contract amount of $104,639.01 less any
retained percentage provided for therein as provided in Iowa Code chapter 573, and to
pay such retainage only in accordance with the provisions of Iowa Code Chapter 573.
Passed, approved and adopted this 16th day of June, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 7th STREET
RETAINING WALL RECONSTRUCTION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Usha Park Parking Lot Project, that the Project has been performed
in compliance with the terms of the Public Improvement Contract, and that the total cost
of the completed work is $118,598.19.
Dated this 9th day of June, 2014.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 9th day of June, 2014.
/s/Kevin S. Firnstahl, City Clerk
14. PEG Capital Expenditure Request: City Manager recommending approval of the
Cable TV Commission recommendation for funding from the Public, Educational, and
Government (PEG) Capital Grant for Access Equipment and Facilities to provide a new
Sony Anycast Touch portable production studio for the City of Dubuque. Upon motion
the documents were received, filed and approved.
15. Health and Prescription Drug Plans - Specific and Aggregate Stop Loss Insur-
ance Renewal: City Manager recommending approval of the Health and Prescription
Drug Plans Specific and Aggregate Stop Loss Insurance Renewal with AIG for the plan
year beginning July 1, 2014 and ending June 30, 2015. Upon motion the documents
were received, filed and approved.
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16. Collective Bargaining Agreement - Dubuque Police Protective Association: City
Manager transmitting the Arbitrator's Opinion and Award which provides for a 1.5 per-
cent across-the-board base wage increase effective July 1, 2014 through June 30, 2015
for the Dubuque Police Protective Association. Upon motion the document was received
and filed.
17. Property Acquisition - 411 East 15th Street - Bee Branch Creek Restoration Pro-
ject: City Manager recommending approval of the purchase of 411 E. 15th Street and
the Harris BS -372 Scrap Shear from Alvin Blum as part of the acquisition program as-
sociated with the Bee Branch Creek Restoration Project. Upon motion the document
was received and filed and Resolution No. 172-14 Approving the acquisition of real es-
tate owned by Blum Properties, Inc. in the City of Dubuque was adopted.
RESOLUTION NO. 172-14
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY BLUM PROPER-
TIES, INC. IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain real estate to for the storm -
water mitigation activities collectively known as the Bee Branch Watershed Flood Miti-
gation Project as recommended in the 2001 "Drainage Basin Master Plan" as amended
in 2013; and
Whereas, a purchase agreement has been finalized with the owner of the property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following
legally described property:
Lots 182, 182A, 183, 184, 185, 186, West 65' of Lots 217, 218, 219, 220, & 221,
and East 35' of Lots 217, 218, 219, 220, & 221 all in East Dubuque Addition, in
the City of Dubuque, Dubuque County, Iowa
At the cost of Five Hundred Thousand and 00/100 Dollars ($500,000.00).
Section 2. That the City of Dubuque hereby approves the acquisition of the Harris
BS -372 Scrap Shear owned and operated by Blum Properties, Inc. at the cost of Two
Hundred Fifty Thousand and 00/100 Dollars ($250,000.00).
Section 3. That the City of Dubuque be and is hereby authorized to accept a Quit
Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa
for the herein described real estate.
Section 4. That the City Clerk be and is hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together
with certified copy of the Resolution.
Section 5. That the City Clerk be and is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 16th day of June, 2014.
Attest: Kevin S. Firnsthal, City Clerk
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Roy D. Buol, Mayor
18. Contracted Service Agreement - Hills and Dales Senior Center Lifetime Program:
City Manager recommending approval of the Contracted Service Agreement with Hills
and Dales for the Senior Center Lifetime Program to provide educational, recreational
and social programs to senior citizens at 3505 Stoneman Road. Upon motion the doc-
uments were received, filed and approved.
19. Purchase of Services Agreement - Opening Doors: City Manager recommending
approval of the Purchase of Service Agreement with Opening Doors for emergency and
transitional housing. Upon motion the documents were received, filed and approved.
20. Contracted Services Grant Agreement - Washington Tool Library: City Manager
recommending approval of the Contracted Service Agreement with the Washington
Neighborhood Tool Library at 345 East 18th Street that provides a free tool lending li-
brary to low- and moderate -income persons. Upon motion the documents were re-
ceived, filed and approved.
21. Purchase of Services Grant Agreement - Project Concern Information and Refer-
ral: City Manager recommending approval of the Purchase of Service Agreement with
Project Concern, Inc. to help provide financial counseling and medical services infor-
mation and referral services to low- and moderate -income residents of the City of
Dubuque. Upon motion the documents were received, filed and approved.
22. Purchase of Services Grant Agreement - Retired and Senior Volunteer Program:
City Manager recommending approval of the Purchase of Services Grant Agreement
with the Retired and Senior Volunteer Program to fund two program interns and a per-
centage of the RSVP Director's time, including additional staff support costs, to expand
volunteer recruitment and assist in the areas of disaster preparedness and service to
veterans and military families. Upon motion the documents were received, filed and ap-
proved.
23. Business License Refund: Request by Four Mounds Foundation for a refund on
liquor license LC0040843 for Four Mounds Foundation located at 4900 Peru Rd. Upon
motion the documents were received, filed and approved.
24. Alcohol Compliance Agreement - Phillips 66/Arby's: City Manager recommending
approval of the Acknowledgment/Settlement Agreement for an alcohol compliance vio-
lation for Phillips 66/Arby's, 10 South Main Street. Upon motion the documents were re-
ceived, filed and approved.
25. Tobacco Compliance Agreement - Phillips 66/Arby's: City Manager recommend-
ing approval of the Acknowledgement/Settlement Agreement for a tobacco compliance
violation for Phillips 66/Arby's, 10 South Main Street. Upon motion the documents were
received, filed and approved.
26. Alcohol and Tobacco License Applications: City Manager recommending approv-
al of annual liquor, beer, wine and tobacco licenses applications as submitted. Upon
motion the document was received and filed and Resolution No. 173-14 Approving ap-
plications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of
Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article
7
B Liquor, Beer and Wine Licenses and Permits and Resolution No. 173B-14 Approving
applications for retail cigarette/tobacco sales permits, as required by Iowa Code
453A.47A were adopted.
RESOLUTION NO. 173-14
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and ap-
proved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Adobo's Mexican Grill
756 Main St.
Class C Liquor (Outdoor)
American Legion Post #6
1306 Delhi St.
Class C Liquor (Catering) (Sunday)
Applebee's Grill and Bar
1395 Associates Dr.
Class C Liquor (Sunday)
Diamond Jo Casino
301 Bell St.
Class C Liquor, Class B Wine (Out-
door) (Sunday)
Fischer Lanes
880 Locust St.
Class C Liquor (Sunday)
Five Flags Center
405 Main St.
Class C Liquor (Catering) (Sunday)
Hartig Drug Company #2
157 Locust St.
Class E Liquor, Class B Wine, Class
C Beer (Sunday)
Los Aztecas III
Mexican Rest.
2345 NW Arterial
Class C Liquor (Outdoor) (Sunday)
Ooh La La
3460 Hillcrest Rd.
Class B Wine Permit (WB)
Paul's Tavern
176 Locust
Class C Liquor (Sunday)
Rotary Club of Dubuque
135 W. 8th St.
Special Class C Liquor (Sunday)
Special Events
American Legion Post #6
July 6th and Sept. 13th
1306 Delhi St.
Adding Outdoor Service
Passed, approved and adopted this 16"' day of June, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 173-14B
APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PER-
MITS, AS REQUIRED BY IOWA CODE 453A.47A.
Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed
with the City Council for approval and the same have been examined and approved;
and
8
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
following named applicants and locations for cigarette/tobacco sales permit.
5 Star Tattoos LLC
901 Rhomberg Ave.
Beecher Co. Inc.
1691 Asbury Rd.
Big 10 Mart #10
1875 JFK Rd.
Big 10 Mart #13
2100 JFK Rd.
Casey's General Store #2420
2699 Rockdale Rd.
Casey's General Store #2421
4003 Peru Rd.
Dave's Downtown Conoco, Inc.
500 Locust St.
Diamond Jo Casino
301 Bell St.
Dubuque Mining Co.
555 JFK Rd.
Eagle Country market
1800 Elm St.
Eronel
285 Main St.
Family Dollar Store of Iowa #1599
2013 Central Ave. #4
Family Mart Inc.
3201 Central Ave.
Fareway Stores #114
2050 JFK Blvd.
Hammerheads Bar and Billiards
2095 Kerper Blvd. Suite #2
Hy -Vee C Store #1
3270 Dodge St.
Hy -Vee Food Gas #3
300 S. Locust St.
Hy -Vee Food Store #3
400 S. Locust St.
Hy -Vee Food Store #1
3500 Dodge St.
Hy -Vee Food Store #2
2395 NW Arterial
Hy -Vee Gas #2
2435 NW Arterial
Hy -Vee Wine & Spirits #1
3500 Dodge St.
Iowa Street Market
1256 Iowa St.
Kmart #4018
2600 Dodge St.
Kwik Star #236
2035 JFK Rd.
Kwik Star #495
2685 Dodge St.
Kwik Stop
2150 Twin Valley Dr.
Kwik Stop
2335 University Ave.
Kwik Stop
4039 Pennsylvania Ave.
Kwik Stop
2320 HWY 61
Kwik Stop
2390 Central Ave.
Kwik Stop
2255 Kerper Blvd.
Kwik Stop
1200 Cedar Cross Rd.
Kwik Stop #300/BP 16th Street
1215 East 16th Street
Kwik Stop 16th Street
1210 E. 16th St.
Lesmaka Deal
2160 Central Ave.
McCann's Service Inc.
690 West Locust St.
Monks Kaffee Pub
373 Bluff St.
Mystique Casino
1855 Greyhound Park Dr.
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Oky Doky #1
251 West 1st St.
Oky Doky #8
535 Hill St.
Paro Food Mart
3200 Central Ave.
Phillips 66/Arby's
10 South Main St.
Pioneer's Rest Stop
4900 Old Hwy Rd.
Plaza 20 BP/Amoco
2600 Dodge St.
Port of Dubuque Marina
450 East Third St.
Puff N Snuff
1101 Rhomberg Ave.
Road Ranger #159
2175 Central Ave.
Ron's Discount Smokes and Beverage Center
3300 Asbury Rd.
Ron's 5 Point Mart
405 Rhomberg Ave.
Ron's Discount Smokes and Beverage Center
1450 Loras Blvd.
Sid's Beverage Store Inc.
2727 Dodge St.
The Riviera Lounge LTD.
678 Central Ave.
Tobacco Outlet Plus #504
806 Wacker Dr. Suite
140
Walgreens #11942
345 East 20th St.
Walgreens #6154
2260 JFK Rd.
Walgreens #9708
55 JFK Rd.
Wal-Mart Supercenter # 2004
4200 Dodge St
Walnut Tap
709 University Ave
Wayne's Convenience Store
1965 Central Ave.
Passed, approved and adopted this 16th day of June, 2014.
Attest: Kevin S. Firnstahl, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Roy D. Buol, Mayor
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 Jones. Motion carried 7-0.
1. Dubuque Regional Airport Property Easement Acquisition for Extension of Public
Utilities: City Manager recommending that a public hearing be set for July 21, 2014, on
the City's intent to acquire, or condemn if necessary, property for the extension of public
utilities to the Airport. Upon motion the documents were received and filed and Resolu-
tion No. 174-14 Setting a public hearing on the intent to acquire or condemn if neces-
sary property for the extension of public utilities to the Dubuque Regional Airport was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 21,
2014 in the Historic Federal Building
RESOLUTION NO. 174-14
SETTING A PUBLIC HEARING ON THE INTENT TO ACQUIRE OR CONDEMN IF
NECESSARY PROPERTY FOR THE EXTENSION OF PUBLIC UTILITIES TO THE
DUBUQUE REGIONAL AIRPORT
Whereas, Iowa Code § 6B.2A requires an acquiring agency to provide written notice
of a public hearing to each owner of record of agricultural land that may be the subject
of condemnation; and
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Whereas, the City Council finds that it may be necessary to acquire or condemn in
whole or in part the following-described property for the extension of public utilities to
the Dubuque Regional Airport:
Parcel 101. A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANI-
TARY SEWER AND FIBER OPTIC CABLE UTILITIES LOCATED IN THE
NORTHWEST QUARTER (NW 1/4) OF SECTION 13, TOWNSHIP 88 NORTH,
RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY,
IOWA, according to the United States Government Survey and the recorded
plats thereof, subject to highway and easements of record;
Parcel 102. A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANI-
TARY SEWER AND FIBER OPTIC CABLE UTILITIES LOCATED IN LOT 1 AND
LOT 3 OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST
QUARTER (NW 1/4) AND LOT 1 OF THE NORTHWEST QUARTER (NW 1/4)
OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 13, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE
COUNTY, IOWA, according to the United States Government Survey and the
recorded plats thereof, subject to highway and easements of record;
Parcel 103. A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANI-
TARY SEWER AND FIBER OPTIC CABLE UTILITIES LOCATED IN LOT 2 OF
LOT 2 OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP
88 NORTH, RANGE 2 EAST OF THE 5 " PRINCIPAL MERIDIAN, DUBUQUE
COUNTY, IOWA, according to the United States Government Survey and the
recorded plats thereof; subject to highway and easements of record;
Parcel 104. A PERMANENT UTILITY EASEMENT, TWENTY (20) FEET IN
WIDTH, FOR SANITARY SEWER LOCATED IN LOT 4 OF FURUSETH'S SUB-
DIVISION, IN LOT 33 OF FURUSETH'S SIXTH ADDITION AND IN LOT 2 OF
FURUSETH'S EIGHTH ADDITION OF SECTION 23, TOWNSHIP 88 NORTH,
RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY,
IOWA, according to the United States Government Survey and the recorded
plats thereof; subject to highway and easements of record;
Parcel 105. A PERMANENT INGRESS-EGRESS EASEMENT, 30.00 FOOT IN
WIDTH, LOCATED IN THE NORTHWEST QUARTER (NW 1/4) OF THE
SOUTHWEST QUARTER (SW 1/4) OF SECTION 23, TOWNSHIP 88 NORTH,
RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY,
IOWA, according to the United States Government Survey and the recorded
plats thereof; subject to highway and easements of record; and
Whereas, the owner of Parcel 101 is O'Rourke Farms, LLC; and
Whereas, the owner of Parcel 102 is O'Rourke Farms, LLC; and
Whereas, the owner(s) of Parcel 103 is William D. Tracy, Craig Tracy and Kay J.
Tracy; and
Whereas, the owner of Parcel 104 is Patricia F. Furuseth; and
Whereas, the owner of Parcel 105 is O'Rourke Farms, LLC; and
Whereas, a public hearing should be set on the City's intent to commence a public
improvement project for the extension of public utilities to provide services to the Dubu-
que Regional Airport and to acquire or condemn, if necessary, Parcels 101, 102, 103,
104, 105; and
Whereas, notice of the public hearing should be published and mailed as required by
law to the owners of Parcels 101, 102, 103, 104, and 105.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
The City Clerk is hereby authorized and directed to cause a notice in the form [pro-
vided] to be mailed to each of the owners and published as prescribed by Iowa Code §
6B.2A of a public hearing on the City's intent to commence a public improvement project
for the extension of public utilities to the Dubuque Regional Airport and to acquire or
condemn in whole or in part, if necessary, Parcels 101, 102, 103, 104, and 105, to be
held on the 21st day of July, 2014, at 6:30 o'clock p.m. in the Historic Federal Building
Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 16th day of June, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Southwest Arterial Right -of -Way Property Acquisition: City Manager recommend-
ing that a public hearing be set for July 21, 2014 regarding the City's intent to acquire, or
condemn if necessary, property for the Southwest Arterial Project. Upon motion the
documents were received and filed and Resolution No. 175-14 Setting a public hearing
on the intent to acquire or condemn if necessary property for the Southwest Arterial Pro-
ject was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
July 21, 2014 in the Historic Federal Building
RESOLUTION NO. 175-14
SETTING A PUBLIC HEARING ON THE INTENT TO ACQUIRE OR CONDEMN IF
NECESSARY PROPERTY FOR THE SOUTHWEST ARTERIAL PROJECT
Whereas, Iowa Code § 6B.2A requires an acquiring agency to provide written notice
of a public hearing to each owner of record of agricultural land that may be the subject
of condemnation; and
Whereas, the City Council finds that it may be necessary to acquire or condemn in
whole or in part the following -described property for the Southwest Arterial Project:
Parcel 195A-1. A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE
SOUTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF LOT 3 OF THE
SOUTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF LOT 1 OF THE
NORTHWEST 1/4 OF THE SOUTHWEST 1/4, AND PART OF LOT 1 OF THE
EAST 1/2 OF THE SOUTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE
OF IOWA, according to the United States Government Survey and the recorded
plats thereof, subject to highway and easements of record;
Parcel 195A-2. A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE
SOUTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF LOT 3 OF THE
SOUTHWEST 1/4 OF THE NORTHWEST 1/4, AND PART OF THE SOUTH-
EAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE
OF IOWA, according to the United States Government Survey and the recorded
plats thereof, subject to highway and easements of record;
Parcel 195B. A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF THE
SOUTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF THE NORTHEAST 1/4
OF THE NORTHWEST 1/4 AND PART OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2
EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, according
12
to the United States Government Survey and the recorded plats thereof; subject
to highway and easements of record;
Whereas, the owner of the Parcel 195A is O'Rourke Farms, LLC; and
Whereas, the owner of the Parcel 195B is O'Rourke Farms, LLC; and
Whereas, a public hearing should be set on the City's intent to commence a public
improvement project for the Southwest Arterial Project and to acquire or condemn, if
necessary, Parcels 195A and 195B; and
Whereas, notice of the public hearing should be published and mailed as required by
law to the owners of Parcels 195A and 195B.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
The City Clerk is hereby authorized and directed to cause a notice in the form [Pro-
vided] to be mailed to each of the owners and published as prescribed by Iowa Code §
6B.2A of a public hearing on the City's intent to commence a public improvement project
for the Southwest Arterial Project and to acquire or condemn in whole or in part, if nec-
essary, Parcels 195A and 195B, to be held on the 21st day of July, 2014, at 6:30 o'clock
p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th
Street, Dubuque, Iowa.
Passed, approved and adopted this 16th day of June, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
1. Cable TV Commission: Two, 3 -year terms through July 1, 2017 (Expiring terms of
Maloney and Tigges) Applicants: Pauline Maloney, 506 St. George St. Ronald Tigges,
4927 Wild Flower Dr.
2. Catfish Creek Watershed Management Authority: One, 2 -year term through July
16, 2017 (Expiring term of Hoyer) Applicant: Will Hoyer, 1311 Tomahawk Dr.
3. Historic Preservation Commission: Three, 3 -year terms through July 1, 2017 (Ex-
piring terms of Klavitter, Monk and Schlarman) Applicants: David Klavitter, 1090 West
3rd St. (Qualifies for the Langworthy District) Christina Monk, 2005 N. Main St. (Qualifies
as an Architect At -Large) Julie Schlarman, 1331 Jackson St. (Currently serves as Ca-
thedral District — Interim) Mr. Klavitter spoke in support of his appointment.
4. Housing Commission: One, 3 -year term through August 17, 2015 (Vacant term of
McAllister) Applicant: Lisa Eubanks, 2641 Owen Ct. Apt 32 (Qualifies as a Section 8 re-
cipient)
5. Human Rights Commission: One, 3 -year term through January 1, 2016 (Vacant
term of Helgager) and One, 3 -year term through January 1, 2017 (Vacant term of
Beacham) Applicants: Frederick Davis Jr., 1584 White St. Rachael Ferraro, 2538 Jack-
son St. Ashley Melchert, 1257 YZ Jackson St. Mr. Davis spoke in support of his ap-
pointment.
6. Investment Oversight Advisory Commission: One, 3 -year term through July1, 2017
(Expiring term of Lassance) Applicant: Paul Lassance, 4846 Embassy Ct.
7. Library Board of Trustees - Mayor Appointment: Two, 4 -year term through July 1,
2018 (Expiring terms of Guns and Miller) Applicants: Patricia Poggemiller, 3423 Arrow -
13
wood Ln. Jon Trotter, 2576 Hilton Spring Dr. Ms. Poggemiller and Mr. Trotter both
spoke insupport of their respective appointments.
8. Long Range Planning Advisory Commission: Two, 3 -year terms through July 1,
2017 (Expiring terms of Beytien and Vincent) Applicants: Craig Beytien, 1091 Valentine
Dr. Alan Vincent, 1010 Dunham Dr. Mr. Beytiem spoke in support of his appointment.
9. Park and Recreation Advisory Commission: Three, 3 -year terms through June 30,
2017 (Expiring terms of Kennicker, Klinge and Nadeau) Applicants: Paul Hoffmann, 174
Bradley Robin Kennicker, 904 Lincoln Kenneth Klinge, 2267 Carter Rd. Ms. Kennicker
spoke in support of her appointment. Mr. Klinge spoke in support of his appointment.
10. Transit Advisory Board: Three, 3 -year terms through July 30, 2017 (Expiring
terms of Enderson. Lightcap and Stewart) Applicants: George Enderson, 511 St.
George St. Joel Lightcap, 1985 Alta Vista St. Don Stedman, 2092 Grant St. R.R.S.
Stewart, 460 Summit St.
11 Zoning Advisory Commission: Two, 3 -year terms through July 1, 2017 (Expiring
terms of Christ and Henschel) and One, 3 -year term through July 1, 2016 (Replacing At -
Will member Belmont) Applicants: Steve Baumhover, 2084 Rosemont Martha Christ, 88
Princeton PI. Thomas Henschel, 1857 Creek Wood Dr. Mr. Baumhover and Ms. Christ
both spoke in support of their respective appointments.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items:
1. Request to Rezone - 1100 Carmel Drive: Proof of publication on notice of public
hearing to consider a request by Sisters of Charity BVM / The Lakota Group to rezone
property at 1100 Carmel Drive from R-1, Single -Family Residential, to PUD, Planned
Unit Development and the Zoning Advisory Commission recommending denial. Sisters
of Charity BVM Teri Hadro requested City Council table this proposal and refer it back
to the Zoning Advisory Commission. Planning Services Manager Laura Carstens pro-
vided a staff report. Restated motion by Connors to table and refer back to the Zoning
Advisory Commission. Seconded by Jones. Motion carried 7-0.
2. JFK Road and Wacker Drive Traffic Signal Replacement Project: Proof of publica-
tion on notice of public hearing to consider the approval of plans, specifications, form of
contract, and estimated cost of the John. F. Kennedy Road and Wacker Drive Traffic
Signal Replacement Project and the City Manager recommending approval. Motion by
Braig to receive and file the documents and adopt Resolution No. 176-14 Approval of
plans, specifications, form of contract and estimated cost for the John F. Kennedy Road
and Wacker Drive Traffic Signal Replacement Project. Seconded by Resnick. Motion
carried 7-0.
RESOLUTION NO. 176-14
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE JOHN F. KENNEDY ROAD AND WACKER DRIVE TRAFFIC
SIGNAL REPLACEMENT PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
14
That the proposed plans, specifications, form of contract and estimated cost for the
John F. Kennedy Road and Wacker Drive Traffic Signal Replacement Project, in the es-
timated amount $245,116.39, are hereby approved.
Passed, adopted and approved this 16th day of June, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Sales Tax Increment Revenue Bonds (Stormwater Utility Revenue Supported):
Proof of publication on notice of public hearing to consider additional action for the issu-
ance of not to exceed $30,000,000 Sales Tax Increment Revenue Bonds (Stormwater
Utility Revenue Supported) and the City Manager recommending approval. Motion by
Connors to receive and file the documents and adopt Resolution No. 177-14 Instituting
proceedings to take additional action for the issuance of not to exceed $30,000,000
Sales Tax Increment Revenue Bonds (Stormwater Utility Revenue Supported). Se-
conded by Jones. Motion carried 7-0.
RESOLUTION NO. 177-14
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSU-
ANCE OF NOT TO EXCEED $30,000,000 SALES TAX INCREMENT REVENUE
BONDS (STORMWATER UTILITY REVENUE SUPPORTED)
Whereas, pursuant to notice published as required by law, this Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance
of not to exceed $30,000,000 Sales Tax Increment Revenue Bonds (Stormwater Utility
Revenue Supported) to the Iowa Finance Authority under the State Revolving Fund
Loan Program, for the purpose of pay costs of land acquisition, engineering and con-
struction of Phases 4 and 7 of the Bee Branch Watershed Flood Mitigation Project, con-
sisting of the Lower Bee Branch Creek Restoration and the Upper Bee Branch Creek
Restoration, and the refunding and refinancing of the outstanding General Obligation
Capital Loan Notes Anticipation Project Note, Series 2006, dated December 28, 2006,
issued in respect of such costs, and has considered the extent of objections received
from residents or property owners as to said proposed issuance; and, accordingly the
following action is now considered to be in the best interests of the City and residents
thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and takes additional
action for the sale and issuance in the manner required by law of not to exceed
$30,000,000 Sales Tax Increment Revenue Bonds for the foregoing purposes.
Section 2. The City Manager, Budget Director and Finance Director are authorized
and directed to proceed on behalf of the City with the negotiation of the terms of said
Bonds, to select a date for the Council's approval thereof, to cause to be prepared such
notice and sale information as may appear appropriate, to publish and distribute the
same on behalf of the City and this Council and otherwise to take all action necessary to
permit the sale of said Bonds on a basis favorable to the City and acceptable to the
Council.
Passed and approved this 16th day of June, 2014.
Attest: Kevin S. Firnstahl, City Clerk
15
Roy D. Buol, Mayor
4. Greater Downtown Urban Renewal District Amendment: Proof of publication on
notice of public hearing to consider approval of an Amended and Restated Urban Re-
newal Plan for the Greater Downtown Urban Renewal District and the City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 178-14 Approving the Amended and Restated Urban Renewal Plan for
the Greater Downtown Urban Renewal District. Seconded by Jones. Motion carried 7-0
RESOLUTION NO. 178-14
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE
GREATER DOWNTOWN URBAN RENEWAL DISTRICT
Whereas, by Resolution 153-14 on May 19, 2014 the City Council of the City of
Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renew-
al Plan (the "Plan") for the Greater Downtown Urban Renewal District (the "District");
and
Whereas, the City of Dubuque's primary objective in amending the Plan is to provide
opportunities which will further economic development purposes and objectives as de-
scribed in the Plan; and
Whereas, the Long Range Planning Commission has reviewed the proposed Plan
and has found that said document is consistent with the Comprehensive Plan for the
development of the City of Dubuque as a whole and has transmitted its findings to the
City Council; and
Whereas, a consultation process has been undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of Iowa with no written objections or recom-
mended changes to the Plan received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed amended and restated Plan after public notice
thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District, on file in the City Clerk's Office and made reference
to herein, is hereby approved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and
directed to file a certified copy of the Resolution in the office of the Dubuque County
Recorder.
Passed, approved and adopted this 16th day of June, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Technology Park Urban Economic Development District Amendment: Proof of pub-
lication on notice of public hearing to consider approval of an Amended and Restated
Urban Renewal Plan for the Dubuque Technology Park Economic Development District
and the City Manager recommending approval. Motion by Braig to receive and file the
documents and adopt Resolution No. 179-14 Approving the amended and restated Ur-
ban Renewal Plan for the Dubuque Technology Park Economic Development District.
Seconded by Lynch. Motion carried 7-0.
16
RESOLUTION NO. 179-14
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE
DUBUQUE TECHNOLOGY PARK ECONOMIC DEVELOPMENT DISTRICT
Whereas, by Resolution 154-14 on May 19, 2014 the City Council of the City of
Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renew-
al Plan (the "Plan") for the Dubuque Technology Park Economic Development District
(the "District"); and
Whereas, the City of Dubuque's primary objective in amending this Plan is to provide
opportunities which will further economic development purposes and objectives as de-
scribed in the Urban Renewal Plan; and
Whereas, the City Council has found that certain areas adjacent to the District meet
the definition of an economic development area as found in Chapter 403 of the Iowa
Code and should be included therein; and
Whereas, the areas adjacent to the District include properties located within two
miles of, but outside the corporate limits of, the City, for the purpose of undertaking an
urban renewal project; and
Whereas, Iowa Code Section 403.17(4) requires the consent of Dubuque County be-
fore the City can proceed with the expansion of said District; and
Whereas, the Board of Supervisors of Dubuque County, Iowa has reviewed the pro-
posed amendment to the District and has determined to consent to the expansion of the
District as so proposed in a Joint Agreement between the parties; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed amended and restated Plan after public notice
thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque
Technology Park Economic Development District, on file in the City Clerk's Office and
made reference to herein, is hereby approved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and
directed to file a certified copy of this Resolution in the office of the Dubuque County
Recorder.
Passed, approved and adopted this 16th day of June, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Arts and Culture Program - FY14 Operating Support Requests: Arts and Cultural
Affairs Advisory Commission requesting approval of the Fiscal Year 2015 Arts and Cul-
ture Funding Program for Operating Support recommendations and associated funding
agreements. Motion by Connors to receive and file the documents and approve. Se-
conded by Jones. Motion carried 7-0.
2. Southwest Arterial Corridor and East/West Corridor Moratorium Amendments: City
Manager recommending approval of a 12 month extension on the moratoriums for con-
struction, rezoning, subdivision review, and site plan approval in the Southwest Arterial
17
Corridor and the East-West Corridor Study Areas. Motion by Jones to receive and file
the documents and that the requirement that a proposed ordinance be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Connors Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 38-14 Amend-
ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2
Building Construction, Demolition and Moving, Section 14-2-4 Moratorium for Construc-
tion or Other Work on Certain Streets, Areas or Facilities By Extending The Moratorium;
Ordinance No. 39-14 Amending City of Dubuque Code of Ordinances Title 16 Unified
Development Code, Chapter 9 Zoning Advisory Commission Applications and Proce-
dures, Section 16-9-5-3 City Council Action by Extending the Moratorium; Ordinance
No. 40-14 Amending City of Dubuque Code of Ordinances Title 16 Unified Development
Code, Chapter 11 Land Subdivision, Section 16-11-2 Applicability by Extending the
Moratorium, and Ordinance No. 41-14 Amending the City of Dubuque Code of Ordi-
nances Title 16 Unified Development Code, Chapter 13 Site Design Standards, Section
16-13-2 Applicability by Extending the Moratorium. Seconded by Lynch. Motion carried
7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 38-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND
MOVING, SECTION 14-2-4 MORATORIUM FOR CONSTRUCTION OR OTHER
WORK ON CERTAIN STREETS, AREAS OR FACILITIES BY EXTENDING THE
MORATORIU M
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 14-2-4 is amended to read
as follows:
Section 14-2-4: Moratorium For Construction Or Other Work On Certain Streets, Are-
as Or Facilities:
A. Southwest Arterial Corridor: The city manager may not issue any permit for any
new construction or substantial enlargement, alteration, repair or remodeling of any
structure, building, or sign in the southwest arterial corridor but not to include demolition,
as delineated on drawings on file in the city clerk's office, from the effective date hereof
to July 1, 2015, except where a vested right to the issuance of such permit accrued prior
to the effective date hereof.
B. East-West Corridor Study Area: The city manager may not issue any permit for
any new construction or substantial enlargement, alteration, repair or remodeling of any
structure, building, or sign in the east -west corridor study area as shown on the map on
file in the office of the city clerk, but not to include demolition or emergency repairs,
without the approval of the city council, from the effective date hereof to August 20,
2015, except where a vested right to the issuance of such permit accrued prior to the
effective date hereof.
C. Highway 20 Corridor Study Area: The city manager may not issue any permit for
any new construction or substantial enlargement, alteration, repair or remodeling of any
structure, building, or sign in the Highway 20 corridor study area as shown on the map
on file in the office of the city clerk, but not to include demolition or emergency repairs,
without the approval of the city council, from the effective date hereof to August 20,
18
2015, except where a vested right to the issuance of such permit accrued prior to the
effective date hereof.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 16th day of June, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of June, 2014.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 39-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE-
VELOPMENT CODE, CHAPTER 9 ZONING ADVISORY COMMISSION APPLICA-
TIONS AND PROCEDURES, SECTION 16-9-5-3 CITY COUNCIL ACTION BY EX-
TENDING THE MORATORIUM
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 16-9-5-3 is amended to read
as follows:
Section 16-9-5-3: City Council Action:
D. Moratorium For Rezonings In The Southwest Arterial Corridor: The city council
may not give final approval to any zoning reclassification (rezoning) request for property
in the southwest arterial corridor that lies within the corporate limits of the city of Dubu-
que, as delineated on drawings on file in the city clerk's office, from the effective date
hereof to July 1, 2015, except where a vested right to the issuance of such approval ac-
crued prior to the effective date hereof.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 16th day of June, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of June, 2014.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 40-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE-
VELOPMENT CODE, CHAPTER 11 LAND SUBDIVISION, SECTION 16-11-2 AP-
PLICABILITY BY EXTENDING THE MORATORIUM
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 16-11-2 is amended to read
as follows:
Section 16-11-2: Applicability:
C. Southwest Arterial Corridor Subdivision Review: A proposed plat that divides any
parcel within the southwest arterial corridor into two (2) or more lots, and any prelimi-
nary plat within the southwest arterial corridor must be submitted to the city council for
19
review. No plat for any subdivision or resubdivision of property in the southwest arterial
corridor, as delineated on drawings on file in the city clerk's office, may be approved by
the city council, from the effective date hereof to July 1, 2015, except where a vested
right to the issuance of such approval accrued prior to the effective date hereof.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 16th day of June, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of June, 2014.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 41-14
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
DEVELOPMENT CODE, CHAPTER 13 SITE DESIGN STANDARDS, SECTION 16-13-
2 APPLICABILITY BY EXTENDING THE MORATORIUM
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 16-13-2 is amended to read
as follows:
Section 16-13-2: Applicability:
E. Moratorium For Site Plans In The Southwest Arterial Corridor: The city planner
may not issue conditional or final approval for any site plan filed for property in the
southwest arterial corridor that lies within the corporate limits of the city of Dubuque, as
delineated on drawings on file in the city clerk's office, from the effective date hereof to
July 1, 2015, except where a vested right to the issuance of such approval accrued prior
to the effective date hereof.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 16th day of June, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of June, 2014.
/s/Kevin S. Firnstahl, City Clerk
3. E.B. Lyons Interpretive Area Expansion Project Award: City Manager recommend-
ing award of the construction contract for the E. B. Lyons Interpretive Area Expansion
Project to the low bidder Portzen Construction. Motion by Braig to receive and file the
documents and adopt Resolution No. 180-14 Awarding public improvement contract for
the E. B. Lyons Interpretive Area Expansion Project. Seconded by Resnick. Motion car-
ried 7-0.
RESOLUTION NO. 180-14
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE EB LYONS INTER-
PRETIVE AREA EXPANSION PROJECT
Whereas, sealed proposals have been submitted by contractors for the EB Lyons In-
terpretive Area Expansion Project (the Project) pursuant to Resolution No. 156-14 and
20
Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on
the 9th day of May, 2014.
Whereas, said sealed proposals were opened and read on the 5th day of June, 2014,
and it has been determined that Portzen Construction of Dubuque, Iowa, with a bid in
the amount of $981,243.62, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Portzen
Construction and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 16th day of June, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Final Plat - Timber-Hyrst Estates No. 4: City Manager recommending approval of
the final plat of Timber-Hyrst Estates #4. Motion by Connors to receive and file the doc-
uments and adopt Resolution No. 181-14 Approving the Final Plat of Timber-Hyrst Es-
tates #4 in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 181-14
APPROVING THE FINAL PLAT OF TIMBER-HYRST ESTATES #4 IN THE CITY OF
DUBUQUE, IOWA
Whereas, North Cascade Road Developers, LLC, as owners, have filed with the City
Clerk the Final Plat of Timber-Hyrst Estates #4 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears streets to be known as Creekwood Drive (Lot
K), Timber-Hyrst Court (Lot L), Cherry Ridge Court (Lot M), North Cascade Road (Lot
N), and a Detention Basin (Lot J), together with certain public utility, access, storm sew-
er, storm drainage, sanitary sewer and water main easements, which North Cascade
Road Developers, LLC by said final plat have dedicated to the public forever; and
Whereas, said Plat provides zero feet of frontage for Lot A and Lot J, where fifty feet
is required by Section 16-11-14(B) of the Unified Development Code; and
Whereas, said Preliminary Plat has been examined by the Zoning Advisory Commis-
sion 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, except that no streets or public
utilities have yet been constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Creekwood Drive (Lot K), Timber-Hyrst Court (Lot
L), Cherry Ridge Court (Lot M), North Cascade Road (Lot N), and a Detention Basin
(Lot J), together with the easements for public utilities, access, storm sewer, storm
drainage, sanitary sewer and water main, as they appear upon said final plat, be and
the same are hereby accepted.
Section 2. That Section 16-14-11(B) of the Unified Development Code is waived to
allow Lot A and Lot J to have zero feet of frontage, where fifty feet of frontage is re-
quired.
Section 3. That the Final Plat of Timber-Hyrst Estates #4 is hereby approved and the
Mayor and City Clerk are hereby authorized and directed to endorse the approval of the
21
City of Dubuque, Iowa upon said Final Plat, provided the North Cascade Road Devel-
opers, LLC execute their written acceptance hereto attached agreeing:
(a) To reduce Creekwood Drive (Lot K), Timber-Hyrst Court (Lot L), Cherry Ridge
Court (Lot M), and North Cascade Road (Lot N) to grade and construct longitudinal sub-
drain, concrete curb and gutter, with asphaltic concrete pavement, or Portland Cement
concrete pavement with integral curb, all in accordance with the City of Dubuque stand-
ard specifications, all in a manner acceptable to the City Engineer, in conformance with
construction improvement plans approved by the City Engineer, and inspected and ap-
proved by the City Engineer.
(b) To install sanitary sewer main and sewer service laterals into each individual lot,
water main and water service laterals into each individual lot, detention basins, storm
sewers and catch basins, roadway culverts, boulevard street lighting, fiber optic conduit,
and erosion control devices all in accordance with the City of Dubuque standard specifi-
cations, all in a manner acceptable to the City Engineer, and in accordance with con-
struction improvement plans approved by the City Engineer, and inspected and ap-
proved by the City Engineer.
(c) To construct accessible sidewalk ramps at the intersections of Creekwood Drive &
Timber-Hyrst Court, Creekwood Drive and Cherry Ridge Court, and at approximate Sta-
tion 70+75 on Creekwood Drive, and construct sidewalk along Lot C, and along the east
side of Creekwood Drive from approximate Station 70+50 to North Cascade Road right
of way, in accordance with the City of Dubuque standard specifications, all in a manner
acceptable to the City Engineer, and in accordance with construction improvement
plans approved by the City Engineer, and inspected and approved by the City Engineer.
(d) To construct the improvements outlined in (a) and (b) and (c) within two (2) years
from the date of acceptance of this resolution, at the sole expense of North Cascade
Road Developers, LLC, or future owner;
(e) To maintain the improvements outlined in (a) and (b) and (c), for a period of two
(2) years from the date of the acceptance of those improvements by the City Council of
the City of Dubuque, Iowa, at the sole expense of North Cascade Road Developers,
LLC, or future owner;
(f) To provide security for the performance of the foregoing conditions specified in this
Section in such form and with such sureties as may be acceptable to the City Manager
of the City of Dubuque, Iowa.
(g) To provide a Grant of Easement for Culvert Pipe, Embankment Slope, and Storm
Water Impoundment from Gary Valentine satisfactory to and benefitting the City of
Dubuque over a portion of Lot 1 of Valentine Place No. 3 in the City of Dubuque.
Section 4. Sidewalk installation shall be the responsibility of each lot owner abutting
the public rights-of-way, including lots with multiple frontages, as required by City Code
Chapter 10-1-2 (Sidewalk Installation and Repair) and 16-11-16 (Sidewalks). Installation
of the section of sidewalk along the west side of Creekwood Drive from its intersection
with North Cascade Road to the north property line of Lot 37 is waived until such time
as the adjacent property is developed. Once development occurs on the subject proper-
ty, sidewalk installation will be required by City Code Chapters 10-1-2 and 16-11-16.
Section 5. That the owner must continue to maintain Lot J of Timber-Hyrst Estates #4
and stormwater detention facility until (1) the facility has been fully completed, (2) 80%
of the platted lots (Lots 1-5, 94, 95, and 106-111, inclusive) of Timber-Hyrst Estates #4,
and subdivisions thereof have been fully developed, and (3) adequate erosion control
measures, as approved by the City Engineer, have been installed on the remaining 20%
of the lots. Acceptance of the detention facility must be by the City Council as required
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by the Unified Development Code. Upon the City's acceptance of the detention facility,
the inspection, administrative and maintenance expenses incurred by the City of Dubu-
que for the storm water detention facility (Lot J) shall be assessed against the property
owners, except the City of Dubuque, of all phases of Timber-Hyrst Estates #4, as indi-
cated above and on the Preliminary Plat of Timber-Hyrst Estates Phase III, in equal
amounts, and the City Manager shall certify such costs to the City Clerk, who in turn
shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall
then be collected with and in the same manner as general property taxes in accordance
with provisions of law.
Section 6. That the planting of street trees shall be coordinated with the City Forester.
Trees planted within the street right-of-way must be chosen and planted by the City of
Dubuque Leisure Services Department at the developer's expense.
Section 7. That the final acceptance of all public improvements shall only occur upon
certification of the City Engineer to the City Council that all public improvements have
been completed in accordance with the approved improvement plans and City standard
specifications and accepted by City Council Resolution.
Section 8. That in the event North Cascade Road Developers, LLC fails to execute
the acceptance and furnish the guarantees provided hereof within 180 days after the
date of this Resolution, the provisions hereof shall be null and void and the acceptance
of the dedication and approval of the plat shall not be effective.
Section 9. That in the event North Cascade Road Developers, LLC fails to provide a
Grant of Easement for Culvert Pipe, Embankment Slope, and Storm Water Impound-
ment from Gary Valentine benefitting the City of Dubuque over a portion of Lot 1 of Val-
entine Place No. 3 in the City of Dubuque within 30 days after the date of this Resolu-
tion, the provisions hereof shall be null and void and the acceptance of the dedication
and approval of the plat shall not be effective.
Passed, approved and adopted this 16th day of June, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACCEPTANCE OF RESOLUTION NO. 181-14
I, the undersigned, Marty McNamer, representing North Cascade Road Developers,
LLC, having read the terms and conditions of the Resolution No.181-14 and being famil-
iar with the conditions thereof, hereby accept this same and agree to the conditions re-
quired therein.
Dated in Dubuque, Iowa this 18th day of June, 2014.
/s/By Marty McNamer
North Cascade Road Developers, LLC
5. Dubuque County Historic Preservation Commission: Correspondence from the
Dubuque County Historic Preservation Commission requesting a voluntary contribution
and providing information for membership on the Commission. Motion by Braig to re-
ceive and file. Braig encouraged anyone who wants to get involved to look into volun-
teering for this commission. Seconded by Connors. Motion carried 7-0.
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COUNCIL MEMBER REPORTS
Resnick reminded residents to use a resource in Dubuque, The Washington Neigh-
borhood Tool Library located at 345 East 18th St.
Jones congratulated the City of Cedar Rapids on becoming an All -America City.
PUBLIC INPUT
CLOSED SESSION
Motion by Jones to convene in closed session at 7:23 p.m. to discuss property acqui-
sition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Connors. Motion
carried 7-0.
Upon motion at 8:05 p.m., the City Council reconvened in open session stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:07 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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