10 20 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 6:00 p.m. on October 20, 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
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 regarding pending litigation and proper-
ty acquisition — Chapter 21.5(1)(c), -(j) Code of Iowa
CLOSED SESSION
Motion by Jones to convene in closed session at 6:01 p.m. to discuss pending litiga-
tion and property acquisition pursuant to Chapter 21.5(1)(C), -(J) of the Code of Iowa
Having given staff proper direction, upon motion the City Council reconvened in open
session at 6:26 p.m.
There being no further business, upon motion the City Council adjourned at 6:27 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 reg9ular session at 6:30 p.m. on October 20, 2014 in
the Historic Federal Building, 350 W. 6� Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PRESENTATION
International City/County Management Association Fellowship Exchange: ICMA Fel-
lows Ade Siti Barokah, and Mariani Yanti from Indonesia, introduced themselves and
presented Mayor Buol with a gift.
PROCLAMATION(S)
Keeping the Lights on Afterschool Day (October 23, 2014) was accepted by Amanda
Avenarius, Program Director for St. Mark Youth Enrichment;
Andrew Connolly Make a Difference Day (October 25, 2014) was accepted by
Amanda Hohmann and staff from Operation: New View Community Action Agency.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Connors. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council proceeding of 10/2, 10/6; Human
Rights Commission of 9/8; Library Board of Trustees of 8/28; Library Board of Trustees
Update of 9/25; Sister City Advisory Commission of 9/24; Zoning Advisory Commission
of 10/1; Proof of Publication for City Council proceedings of 9/15; Proof of Publication
for List of Claims and Summary of Revenues Month Ending 8/31. Upon motion the doc-
uments were received and filed.
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2. 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: June Crimmins for property damage, Kelly Davis for vehicle damage,
Stephen Launspach for property damage. Upon motion the documents were received,
filed and concurred.
3. Notice of Claims and Suits: June Crimmins for property damage, Kelly Davis for
vehicle damage; Stephen Launspach for property damage; City of Dubuque vs. Michael
Dennison, et al. Upon motion the documents were received, filed and referred to the
City Attorney.
4. Sustainable Dubuque Quarterly Report: City Manager transmitting the Sustainable
Dubuque Quarterly Report for September 2014. Upon motion the documents were re-
ceived and filed.
5. Sustainable Dubuque Community Grant Recommendations: City Manager recom-
mending approval of the quarterly Sustainable Dubuque Community grant applications.
Upon motion the documents were received, filed and approved.
6. Overview of Climate Change Impacts in the United States: City Manager transmit-
ting information about the National Climate Assessment from the U.S. Global Change
Research Program. Upon motion the documents were received and filed.
7. Final Plat for Steger Heights No. 2: Zoning Advisory Commission recommending
approval of the Final Plat for Steger Heights No. 2 subject to waiving the lot frontage re-
quirement for Lots 1, 3 and 4. Upon motion the documents were received and filed and
Resolution No. 322-14 Approving the Final Plat Steger Heights Plat 2 in the City of
Dubuque, Iowa, was adopted.
RESOLUTION NO. 322-14
APPROVING THE FINAL PLAT STEGER HEIGHTS PLAT 2 IN THE CITY OF DUBU-
QUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat Steger Heights Plat 2 in
the City of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1, Lot 3 and Lot 4
where 50 feet of street frontage is required by Section 11-14 of Title 16 of the City of
Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said 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 thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of frontage for Lot 1, Lot 3 and Lot
4 on a public street or an approved private street.
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Section 2. That the Final Plat Steger Heights Plat 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 Plat of Survey.
Passed, approved and adopted this 20th day of October, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. WBBW Holliday Development Stormwater Fee Agreement Assignment to SJCG
Properties: City Manager recommending approval of the Assignment of Stormwater Fa-
cilities Fee Agreement assigning WBBW Holliday Development, LLC's interest in Lot 2
of Holliday 6t Addition, and Lot 1 of Lot 6 of Holliday 3rd Addition to the purchaser of
that property, SJCG Properties, LLC. Upon motion the documents were received, filed
and approved.
9. Iowa Economic Development Authority (IEDA) - Community Energy Management
Program Agreement: City Manager recommending approval for executing the City En-
ergy Management Program Agreement. Upon motion the documents were received,
filed and approved.
10. Multicultural Family Center Phase II Renovation: City Manager recommending
approval of the execution of a Professional Services Agreement between the City of
Dubuque and Selser Schaefer Architects for design and construction administration
services for the Multicultural Family Center —Phase II Renovation Project. Upon motion
the documents were received, filed and approved.
11. Property Acquisition - 610 Wilbur Street: City Manager recommending approval to
purchase the property at 610 Wilbur Street owned by Brian and Cynthia Harker for the
removal of deteriorating retaining walls on the property and stabilization of the bluff em-
bankment to allow for the reconstruction of Wilbur Street so that it can be reopened to
vehicular traffic. Upon motion the documents were received and filed and Resolution
No. 323-14 Approving the acquisition of real estate owned by Brian and Cynthia Harker
in the City of Dubuque was adopted.
RESOLUTION NO. 323-14
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY BRIAN AND CYN-
THIA HARKER IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire a certain property located at 610
Wilbur Street, Dubuque. Iowa; and
Whereas, this certain property is not currently part of or located within the Bee
Branch Creek Restoration Project or any other federally funded public improvement pro-
ject; and
Whereas, the acquisition of this property is a voluntarily negotiated purchase by the
City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by
the City of Dubuque through its exercise of the power of eminent domain under Chapter
6B of the Code of Iowa; and
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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, Iowa hereby approves the acquisition of the fol-
lowing legally described property:
Lot 1 of Lot 45 of Lot 46, both in Farley's Subdivision of Out Lots 703, 704, 704A,
717, 717A and 718 on the City of Dubuque, Iowa.
At the cost of Forty Thousand and 00/100 Dollars ($40,000.00) and reimburse-
ments, not to exceed a total amount of Nine Thousand and 00/100 ($9,000).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran-
ty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for
the herein described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of the Dubuque County Recorder, together
with a certified copy of this Resolution.
Section 4. 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 20th day of October, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Property Acquisition - 215 Cousins Road (SW Arterial Project): City Manager rec-
ommending acceptance of the Warranty Deed to the property at 215 Cousins Road in
connection with the Southwest Arterial Project. Upon motion the documents were re-
ceived and filed and Resolution No. 324-14 Accepting the deed to certain real estate in
Dubuque County, Iowa from Thomas A. Pfeiffer and Charlotte K. Pfeiffer was adopted.
RESOLUTION NO. 324-14
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IO-
WA FROM THOMAS A. PFEIFFER AND CHARLOTTE K. PFEIFFER
Whereas, the City of Dubuque entered into an Agreement on the 23rd day of Sep-
tember, 2014 with Thomas Andrew Pfeiffer and Charlotte Kay Pfeiffer for the purchase
of certain real property in Dubuque County, Iowa, described as follows:
Lot 1 of Lot 2 of the SW 1/4 of the SE 1/4 of Section 31, Township 89 North, Range 2
East of the 5th P.M., in Table Mound Township, Dubuque County, Iowa; 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, Iowa, hereby accepts the Deed from Thomas A. Pfeiffer and
Charlotte K. Pfeiffer, a copy of which is attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution and the
Deed with the Dubuque County Recorder.
Passed, approved and adopted this 20th day of October, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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13. Property Acquisition - 103 Cousins Road (SW Arterial Project): City Manager rec-
ommending acceptance of the Warranty Deed to the property at 103 Cousins Road in
connection with the Southwest Arterial Project. Upon motion the documents were re-
ceived and filed and Resolution No. 325-14 Accepting the deed to certain real estate in
Dubuque County, Iowa from Dennis H. Kollars and Susan A. Kollars was adopted.
RESOLUTION NO. 325-14
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IO-
WA FROM DENNIS H. KOLLARS AND SUSAN A. KOLLARS
Whereas, the City of Dubuque entered into an Agreement on the 30th day of Sep-
tember, 2014 with Dennis H. Kollars and Susan A. Kollars for the purchase of certain
real property in Dubuque County, Iowa, described as follows:
Lot 3 of Lot 2 of the South West 1/4 of the South East 1/4 of Section 31, in Township
89 North, Range 2 East of the 5th P.M., 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, Iowa, hereby accepts the Deed from Dennis H. Kollars and
Susan A. Kollars, a copy of which is attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution and the
Deed with the Dubuque County Recorder.
Passed, approved and adopted this 20th day of October, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Property Acquisition - 121 Cousins Road (SW Arterial Project): City Manager rec-
ommending Council acceptance of the Warranty Deed to the property at 121 Cousins
Road in connection with the Southwest Arterial Project. Upon motion the documents
were received and filed and Resolution No. 326-14 Accepting the deed to certain real
estate in Dubuque County, Iowa from Arthur D. Rokusek and Karen K. Rokusek was
adopted.
RESOLUTION NO. 326-14
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IO-
WA FROM ARTHUR D. ROKUSEK AND KAREN K. ROKUSEK
Whereas, the City of Dubuque entered into an Agreement on the 8th day of Septem-
ber, 2014 with Arthur D. Rokusek and Karen K. Rokusek for the purchase of certain real
property in Dubuque County, Iowa, described as follows:
Lot 2 of the Subdivision of Lot 2 of the SW 1/4 of the SE 1/4 of Section 31, Township
89 North, Range 2 East of the 5th P.M., in Dubuque Township, Dubuque County,
Iowa, according to the recorded plats 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:
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1. The City of Dubuque, Iowa, hereby accepts the Deed from Arthur D. Rokusek and
Karen K. Rokusek, a copy of which is attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution and the
Deed with the Dubuque County Recorder.
Passed, approved and adopted this 20th day of October, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. GNZ Property Tax Appeals: City Attorney advising that the petitioners for the
GNZ Properties and Housing Cooperative have withdrawn their property tax appeals.
Upon motion the documents were received and filed.
16. Kunkel & Associates, Inc. Urban Revitalization Area: City Manager recommend-
ing approval of a Resolution of Finding for the Kunkel & Associates property in the
Dubuque Technology Park. Upon motion the documents were received and filed and
Resolution No. 327-14 Urban Revitalization Resolution of Finding that the Rehabilita-
tion, Conservation, Redevelopment, Economic Development, or a combination thereof
of Lot 6 Block 2 of Dubuque Technology Park in the City of Dubuque, Iowa is necessary
in the interest of public health, safety, or welfare of the residents of the City was adopt-
ed.
RESOLUTION NO. 327-14
URBAN REVITALIZATION RESOLUTION OF FINDING THAT THE REHABILITA-
TION, CONSERVATION, REDEVELOPMENT, ECONOMIC DEVELOPMENT, OR A
COMBINATION THEREOF OF LOT 6 BLOCK 2 OF DUBUQUE TECHNOLOGY
PARK IN THE CITY OF DUBUQUE, IOWA IS NECESSARY IN THE INTEREST OF
PUBLIC HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY
Whereas, as a preliminary step to exercising the authority to approve an area for "ur-
ban revitalization" conferred upon Iowa municipalities by Chapter 404 of the Code of
Iowa, a municipality must adopt a resolution finding that the rehabilitation, conservation,
redevelopment, economic development, or a combination thereof of the area is neces-
sary in the interest of public health, safety, or welfare of the residents of the city, and
Whereas, Lot 6 Block 2 of Dubuque Technology Park in the City of Dubuque, Iowa,
according to the recorded plat thereof (the Area) is the location of Kunkel & Associates,
Inc. (the Company), and
Whereas, the Area is located in an Urban Renewal Area and the Company is propos-
ing an economic development expansion on the property; and
Whereas, the City Council finds that the continued economic development the Area is
necessary in the interest of the welfare of the residents of the City, and the property
substantially meets the criteria for Urban Revitalization according to Section 404.1 of
the Code of Iowa, 2014.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Lot 6 Block 2 of Dubuque Technology Park in the City of Dubuque, Iowa is
appropriate as an economic development area as defined in Section 403.17 of the Code
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of Iowa, 2014, and is hereby designated the Kunkel & Associates Urban Revitalization
Area.
Section 2. The City Manager is hereby directed to prepare a proposed Urban Revital-
ization Plan for the Kunkel & Associates Urban Revitalization Area in conformance
Chapter 404 of the Iowa Code, 2014 for review and approval by the City Council.
Passed and approved this 20th day of October, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Linseed Oil, LLC - Collateral Assignments to Merrimac and Betty Building, LLC:
City Manager recommending approval of collateral assignments of both the Develop-
ment Agreement and the Community Development Block Grant (CDBG) Subrecipient
Agreement for the Linseed Oil Building project to Dubuque Bank & Trust. Upon motion
the documents were received and filed and Resolution No. 328-14 Approving Collateral
Assignment of Development Agreement and Collateral Assignment of Subrecipient
Agreement related to rehabilitation of the former Linseed Oil Building was adopted.
RESOLUTION NO. 328-14
APPROVING COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT AND
COLLATERAL ASSIGNMENT OF SUBRECIPIENT AGREEMENT RELATED TO RE-
HABILITATION OF THE FORMER LINSEED OIL BUILDING
Whereas, the former Linseed Oil Building located at 151 East 9th Street in Dubuque,
Iowa (the Building) is owned by Wilmac Property Company (Wilmac); and
Whereas, Wilmac and the City of Dubuque (City) have entered into a Development
Agreement for the rehabilitation of the Building; and
Whereas, Wilmac and the City have also entered into a Subrecipient Agreement
which provides for Community Development Block Grant (CDBG) funding for the reha-
bilitation of the Building; and
Whereas, Wilmac has created several special purpose entities to facilitate the use of
federal and state historic tax credits and other development programs in the rehabilita-
tion project, to wit, Merrimac Restoration, Inc. (Merrimac), Betty Building, LLC (Betty)
and Carmac Management, Inc., all of which are owned by the McNamara family, as is
Wilmac Property Company; and
Whereas, the City Council has approved an assignment of the Development Agree-
ment from Wilmac to Betty Building, LLC and the Subrecipient Agreement from Wilmac
to Merrimac Restoration, Inc.; and
Whereas, Merrimac and Betty will enter into a loan agreement with Dubuque Bank &
Trust Co. (DB&T) for additional funding for the Building and DB&T has requested that
Merrimac sign a collateral Assignment of the Subrecipient Agreement to DB&T and that
Betty Building, LLC sign a collateral Assignment of the Development Agreement to
DB&T (the Assignments), which Assignments require that City join in the Assignments;
and
Whereas, the City Council finds that the Assignments should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
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Section 1. The Assignment of the Subrecipient Agreement and Assignment of the
Development Agreement attached hereto are hereby approved.
Section 2. The Mayor is authorized and directed to sign the Assignment of the Sub -
recipient Agreement and Assignment of the Development Agreement on behalf of the
City of Dubuque.
Passed, approved and adopted this 20th day of October, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Mediacom Communications Company: Correspondence from Mediacom Com-
munications Company advising the City of programming changes on or about Novem-
ber 9, 2014. Upon motion the documents were received and filed.
19. Signed Contract(s): Agreement with the Red Cross for Emergency Shelters;
Dubuque Intermodal Transportation Center Change Order #1 (Parts I & II). Upon motion
the documents were received and filed.
20. Improvement Contracts / Performance, Payment and Maintenance Bonds: Drew
Cook and Sons Excavating, Inc., for the SRF Green Alley Project Bid Set 2 - Year 2.
Upon motion the documents were received and filed.
21. Alcohol Compliance Civil Penalty for Alcohol License Holders — Extreme Pub:
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Exxtreme Pub, 1701 Central Avenue. Upon mo-
tion the documents were received, filed and approved.
22. Alcohol Compliance Civil Penalty for Alcohol License Holders — Knicker's Saloon:
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Knicker's Saloon, 2186 Central Avenue. Upon
motion the documents were received, filed and approved.
23. Alcohol and Tobacco License Applications: City Manager recommending approv-
al of annual liquor, beer, wine and tobacco licenses applications as submitted. Upon
motion the documents were received and filed and Resolution No. 329-14 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, Arti-
cle B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 330-14 Approv-
ing applications for retail cigarette/tobacco sales permits, as required by Iowa Code
453A.47A were adopted.
RESOLUTION NO. 329-14
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
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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
Aldi, Inc. #30
2160 Holliday Dr.
Class C Beer, Class B Wine
(Sunday)
Big 10 Mart Car Wash
1875 J.F.K. Rd.
Class C Beer (Sunday)
Europa Haus Restaurant
& Bierstube
1301 Rhomberg Ave
Class C Liquor (Catering)
Jumpers Sports Bar & Grill
2600 Dodge St.
Class C Liquor (Outdoor)
(Sunday)
L. May
1072 Main St.
Class C Liquor, Class B Wine
(Catering) (Outdoor) (Sunday)
Rainbow Lounge
36 W 4th St.
Class C Liquor (Sunday)
Target Store T-0086
3500 Dodge St.
Class E Liquor (Sunday)
New
Mannajava World Cafe
700 Locust St.
Special Class C Liquor, Class
B Native Wine (Sunday)
Adding Privilege
Mystique Casino
1855 Greyhound Park Dr.
Adding Carryout Wine
Special Event
Candle Ready Cakes
Oct. 22nd
197 Main St.
Class B Beer
Passed, approved and adopted this 20"' day of October, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 330-14
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
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:
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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.
Spencer Gifts, LLC
555 JFK Rd.
Passed, approved and adopted this 20th day of October, 2014.
Roy Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Connors. Motion carried 7-0.
1. North Cascade Road Area - Housing Urban Renewal Plan: City Manager recom-
mending approval of a Resolution of Necessity that finds that a Housing Urban Renewal
Plan for the North Cascade Road Area is both necessary and appropriate, and sets a
public hearing on the proposed amendment for December 1, 2014. Upon motion the
documents were received and filed and Resolution No. 331-14 Resolution of Necessity
finding that certain property along North Cascade Road is an Economic Development
Area and that the Development of said Area is necessary in the interest of the residents
of the City of Dubuque was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on December 1, 2014 in the Historic Federal Building.
RESOLUTION NO. 331-14
RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY ALONG
NORTH CASCADE ROAD IS AN ECONOMIC DEVELOPMENT AREA AND THAT
THE DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE
RESIDENTS OF THE CITY OF DUBUQUE, IOWA
Whereas, the City Council has determined that the active development of property is
a beneficial use that will enhance the City's ongoing economic development efforts; and
Whereas, the City Council has determined that the area described in Section 1 below
meets the definitions of an economic development area as defined in Chapter 403 "Ur-
ban Renewal" of the Iowa Code; and
Whereas, a significant need for housing units exists in the community and local re-
sources are needed to advance the development; and
Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority
may be exercised, a City Council must adopt a resolution of necessity finding that the
area in question is a slum, blighted or economic development area, and that so desig-
nating such area is necessary in the interest of the public health, safety or welfare of the
residents of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. hat the area generally described in Attachment A to this Resolution is an
economic development area as defined by Chapter 403 of the Iowa Code and is appro-
priate for an urban renewal project.
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Section 2. That the development of the North Cascade Road Housing Urban Renew-
al Area is necessary and appropriate to facilitate the proper growth and development of
the community in accordance with sound planning and local community objectives.
Section 3. That the development of this area will provide new opportunities for quality
housing and job creation in the community.
Section 4. That the City Manager is authorized and directed to prepare an Urban Re-
newal Plan for the North Cascade Road Housing Urban Renewal Area, to forward said
Plan to the City's Long Range Planning Commission for review and comment and to
begin the consultation process required by law with affected taxing entities.
Section 5. That the City Clerk is directed to publish notice of a public hearing on the
adoption of an Urban Renewal Plan for the North Cascade Road Housing Urban Re-
newal Area to be held on the 1st day of December, 2014, at 6:30 p.m. in the Historic
Federal Building in Dubuque, Iowa, 350 W. 6th Street, Dubuque, Iowa and that said no-
tice shall generally identify the area covered by the Plan and the general scope of the
Urban Renewal Plan activities planned for such area.
Section 6. That the City Clerk is further directed to send by ordinary mail a copy of
said Plan and notice of public hearing to the Dubuque Community School District, the
County Board of Supervisors and the Northeast Iowa Community College, as the affect-
ed taxing entities.
Passed, approved and adopted this 20th day of October, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Taxable General Obligation Capital Loan Notes (Urban Renewal and Parking), Se-
ries 2014C: City Manager recommending that a public hearing be set for November 3,
2014, on the proposition of selling not to exceed $8,625,000 in Taxable General Obliga-
tion Bonds. Upon motion the documents were received and filed and Resolution No.
332-14 Fixing date for a meeting on the authorization of a Loan Agreement and the is-
suance of not to exceed $8,265,000 General Obligation Capital Loan Notes, Series
2014, of the City of Dubuque, State Of Iowa, and providing for publication of notice
thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
November 3, 2014 in the Historic Federal Building.
RESOLUTION NO. 332-14
FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREE-
MENT AND THE ISSUANCE OF NOT TO EXCEED $8,265,000 GENERAL OBLIGA-
TION CAPITAL LOAN NOTES, SERIES 2014, OF THE CITY OF DUBUQUE, STATE
OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, State of
Iowa, should provide for the authorization of a Loan Agreement and the issuance of
General Obligation Capital Loan Notes, Series 2014, to the amount of not to exceed
$8,265,000, as authorized by Sections 384.24, 384.24A and 384.25, Code of Iowa, as
amended, for the purpose of providing funds to pay costs of carrying out essential cor-
porate purpose projects as hereinafter described; and
Whereas, the Loan Agreement and Notes shall be payable from the Debt Service
Fund; and
12
Whereas, before a Loan Agreement may be authorized and General Obligation Capi-
tal Loan Notes, Series 2014, issued to evidence the obligation of the City thereunder, it
is necessary to comply with the provisions of the City Code of Iowa, as amended, and to
publish a notice of the proposal and of the time and place of the meeting at which the
Council proposes to take action for the authorization of the Loan Agreement and Notes
and of the right to petition for an election, and to receive oral and/or written objections
from any resident or property owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 3rd day of November, 2014, for the
purpose of taking action on the matter of the authorization of a Loan Agreement and the
issuance of not to exceed $8,265,000 General Obligation Capital Loan Notes, Series
2014, to evidence the obligations of the City thereunder for essential corporate purpos-
es of the City, the proceeds of which will be used to pay costs of aiding in the planning,
undertaking and carrying out of urban renewal projects, including, intermodal facility im-
provements, Millwork District parking improvements, homeownership purchase, rehabili-
tation and resale program costs, riverfront leasehold improvements, land acquisition
and rehab in the Dubuque Industrial Center West Urban Renewal Project, Transit Build-
ing roof repairs, Central Avenue Master Plan and bus storage and maintenance facility
improvements.
Section 2. To the extent any of the projects or activities described in this resolution
may be reasonably construed to be included in more than one classification under Divi-
sion III of Chapter 384 of the City Code of Iowa, the Council hereby elects the "essential
corporate purpose" classification and procedure with respect to each such project or ac-
tivity, pursuant to Section 384.28 of the City Code of Iowa.
Section 3. The Clerk is authorized and directed to proceed on behalf of the City with
the negotiation of terms of a Loan Agreement and the issuance of General Obligation
Capital Loan Notes, Series 2014, evidencing the City's obligations to a principal amount
of not to exceed
$8,265,000, to select a date for the final 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 neces-
sary to permit the completion of a loan on a basis favorable to the City and acceptable
to the Council.
Section 4. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of the meeting, in a legal newspaper, printed wholly in the English lan-
guage, published at least once weekly, and having general circulation in the City. The
publication to be not less than ten clear days nor more than twenty days before the date
of the public meeting on the issuance of the Notes.
Section 5. The notice of the proposed action shall be in substantially the [Provided]
form:
Passed and approved this 20th day of October, 2014.
Attest: Kevin S. Firnstahl, City Clerk
13
Roy D. Buol, Mayor
3. Tax -Exempt General Obligation Bonds Series 2014B: City Manager recommend-
ing that a public hearing be set for November 3, 2014, on the proposition of selling not
to exceed $18,335,000 in Tax -Exempt General Obligation Bonds. Upon motion the doc-
uments were received and filed and Resolution No. 333-14 Fixing date for a meeting on
the authorization of a Loan Agreement and the issuance of not to exceed $18,335,000
General Obligation Capital Loan Notes, Series 2014, of the City of Dubuque, State of
Iowa, and providing for publication of notice thereof was adopted setting a public hear-
ing for a meeting to commence at 6:30 p.m. on November 3, 2014 in the Historic Feder-
al Building.
RESOLUTION NO. 333-14
FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREE-
MENT AND THE ISSUANCE OF NOT TO EXCEED $18,335,000 GENERAL OBLIGA-
TION CAPITAL LOAN NOTES, SERIES 2014, OF THE CITY OF DUBUQUE, STATE
OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, State of
Iowa, should provide for the authorization of a Loan Agreement and the issuance of
General Obligation Capital Loan Notes, Series 2014, to the amount of not to exceed
$18,335,000, as authorized by Sections 384.24, 384.24A and 384.25, Code of Iowa, as
amended, for the purpose of providing funds to pay costs of carrying out essential cor-
porate purpose projects as hereinafter described; and
Whereas, the Loan Agreement and Notes shall be payable from the Debt Service
Fund; and
Whereas, before a Loan Agreement may be authorized and General Obligation Capi-
tal Loan Notes, Series 2014, issued to evidence the obligation of the City thereunder, it
is necessary to comply with the provisions of the City Code of Iowa, as amended, and to
publish a notice of the proposal and of the time and place of the meeting at which the
Council proposes to take action for the authorization of the Loan Agreement and Notes
and to receive oral and/or written objections from any resident or property owner of the
City to such action;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 3rd day of November, 2014, for the
purpose of taking action on the matter of the authorization of a Loan Agreement and the
issuance of not to exceed $18,335,000 General Obligation Capital Loan Notes, Series
2014, to evidence the obligations of the City thereunder for essential corporate purpos-
es of the City, the proceeds of which will be used to pay costs of acquisition of ambu-
lances and ambulance improvements, improvements to existing parks of the type nor-
mally found in parks; equipping the Police Department; equipping the Street Depart-
ment; improvements to the existing Municipal Airport; opening, widening, extending,
grading, and draining of the right-of-way of streets, highways, avenues, alleys and pub-
lic grounds; the construction, reconstruction, and repairing of any street improvements;
the acquisition, installation, and repair of sidewalks, storm sewers, sanitary sewers, wa-
ter service lines and traffic control devices, and the acquisition of any real estate need-
ed for any of the foregoing purposes; acquisition, construction, improvement, and instal -
14
lation of street lighting fixtures, connections, and facilities, construction, reconstruction,
and repair of sidewalks and pedestrian underpasses and overpasses, and the acquisi-
tion of real estate needed for such purposes; acquisition, construction, reconstruction,
extension, improvement, and equipping of works and facilities useful for the collection,
treatment, and disposal of sewage and industrial waste in a sanitary manner, and for
the collection and disposal of surface waters and streams; acquisition, construction, re-
construction, enlargement, improvement, and repair of bridges, culverts, retaining walls,
viaducts, underpasses, grade crossing separations, and approaches thereto; and ac-
quisition, construction, reconstruction, improvement, repair, and equipping of water-
works, water mains, and extensions, and real and personal property, useful for provid-
ing potable water to residents of a city.
Section 2. To the extent any of the projects or activities described in this resolution
may be reasonably construed to be included in more than one classification under Divi-
sion III of Chapter 384 of the City Code of Iowa, the Council hereby elects the "essential
corporate purpose" classification and procedure with respect to each such project or ac-
tivity, pursuant to Section 384.28 of the City Code of Iowa.
Section 3. The Clerk is authorized and directed to proceed on behalf of the City with
the negotiation of terms of a Loan Agreement and the issuance of General Obligation
Capital Loan Notes, Series 2014, evidencing the City's obligations to a principal amount
of not to exceed $18,335,000, to select a date for the final 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 completion of a loan on a basis favorable to the City and
acceptable to the Council.
Section 4. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of the meeting, in a legal newspaper, printed wholly in the English lan-
guage, published at least once weekly, and having general circulation in the City. The
publication to be not less than four clear days nor more than twenty days before the
date of the public meeting on the issuance of the Notes.
Section 5. The notice of the proposed action shall be in substantially the [Provided]
form:
Passed and approved this 20th day of October, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Taxable General Obligation Bonds, Series 2014C: City Manager recommending
that a public hearing be set for November 3, 2014, on the proposition of selling not to
exceed $500,000 in Taxable General Obligation Bonds. Upon motion the documents
were received and filed and Resolution No. 334-14 Fixing date for a meeting on the au-
thorization of a Loan Agreement and the issuance of not to exceed $500,000 General
Obligation Capital Loan Notes, Series 2014, (for General Corporate Purposes) of the
City of Dubuque, State of Iowa, and providing for publication of notice thereof was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November
3, 2014 in the Historic Federal Building.
15
RESOLUTION NO. 334-14
FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREE-
MENT AND THE ISSUANCE OF NOT TO EXCEED $500,000 GENERAL OBLIGA-
TION CAPITAL LOAN NOTES, SERIES 2014, (FOR GENERAL CORPORATE PUR-
POSES) OF THE CITY OF DUBUQUE, STATE OF IOWA, AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, State of
Iowa, should provide for the authorization of a Loan Agreement and the issuance of
General Obligation Capital Loan Notes, Series 2014, to the amount of not to exceed
$500,000, as authorized by Sections 384.24, 384.24A, 384.25 and 384.26, Code of Io-
wa, as amended, for the purpose of providing funds to pay costs of carrying out general
corporate purpose projects as hereinafter described; and
Whereas, the Loan Agreement and Notes shall be payable from the Debt Service
Fund; and
Whereas, the City has a population of more than 5,000, but not more than 75,000,
and the amount of the proposed note issue is not more than $700,000; and
Whereas, before a Loan Agreement may be authorized and General Obligation Capi-
tal Loan Notes, Series 2014, issued to evidence the obligation of the City thereunder, it
is necessary to comply with the provisions of the City Code of Iowa, as amended, and to
publish a notice of the proposal and of the time and place of the meeting at which the
Council proposes to take action for the authorization of the Loan Agreement and Notes
and the right to petition for an election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 3rd day of November, 2014, for the
purpose of taking action on the matter of the authorization of a Loan Agreement and the
issuance of not to exceed $500,000 General Obligation Capital Loan Notes, Series
2014, the proceeds of which will be used to pay costs of acquisition, construction,
maintenance, improvement and equipping of parking ramps, parking lots, and street
parking and shall bear interest at a rate not exceeding the maximum specified in the at-
tached notice.
Section 2. The Clerk is authorized and directed to proceed on behalf of the City with
the negotiation of terms of a Loan Agreement and the issuance of General Obligation
Capital Loan Notes, Series 2014, evidencing the City's obligations to a principal amount
of not to exceed $500,000, to select a date for the final 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 ac-
tion necessary to permit the completion of a loan on a basis favorable to the City and
acceptable to the Council.
Section 3. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of meeting, in a legal newspaper, printed wholly in the English lan-
guage, published at least once weekly, and having general circulation in the City. The
publication to be not less than ten (10) nor more than twenty clear days before the date
of the public meeting on the issuance of the Notes.
16
Section 4. The notice of the proposed action shall be in substantially the [Provided]
form:
Passed and approved this 20th day of October, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Tax -Exempt General Obligation Bonds, Series 2014B: City Manager recommend-
ing that a public hearing be set for November 3, 2014, on the proposition of selling not
to exceed $575,000 in Tax -Exempt General Obligation Bonds. Upon motion the docu-
ments were received and filed and Resolution No. 335-14 Fixing date for a meeting on
the authorization of a Loan Agreement and the issuance of not to exceed $575,000
General Obligation Capital Loan Notes, Series 2014, (for General Corporate Purposes)
of the City of Dubuque, State of Iowa, and providing for publication of notice thereof was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November
3, 2014 in the Historic Federal Building.
RESOLUTION NO. 335-14
FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREE-
MENT AND THE ISSUANCE OF NOT TO EXCEED $575,000 GENERAL OBLIGA-
TION CAPITAL LOAN NOTES, SERIES 2014, (FOR GENERAL CORPORATE PUR-
POSES) OF THE CITY OF DUBUQUE, STATE OF IOWA, AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, State of
Iowa, should provide for the authorization of a Loan Agreement and the issuance of
General Obligation Capital Loan Notes, Series 2014, to the amount of not to exceed
$575,000, as authorized by Sections 384.24, 384.24A, 384.25 and 384.26, Code of Io-
wa, as amended, for the purpose of providing funds to pay costs of carrying out general
corporate purpose projects as hereinafter described; and
Whereas, the Loan Agreement and Notes shall be payable from the Debt Service
Fund; and
Whereas, the City has a population of more than 5,000, but not more than 75,000,
and the amount of the proposed note issue is not more than $700,000; and
Whereas, before a Loan Agreement may be authorized and General Obligation Capi-
tal Loan Notes, Series 2014, issued to evidence the obligation of the City thereunder, it
is necessary to comply with the provisions of the City Code of Iowa, as amended, and to
publish a notice of the proposal and of the time and place of the meeting at which the
Council proposes to take action for the authorization of the Loan Agreement and Notes
and the right to petition for an election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 3rd day of November, 2014, for the
purpose of taking action on the matter of the authorization of a Loan Agreement and the
issuance of not to exceed $575,000 General Obligation Capital Loan Notes, Series
2014, the proceeds of which will be used to pay costs of acquisition, improvement and
equipping of recreation grounds, including the Bunker Hill Golf Course and the concrete
skate park, and improvements to City Hall, transit bus stops, Fire Station #2 and Ham
17
House, and shall bear interest at a rate not exceeding the maximum specified in the at-
tached notice.
Section 2. The Clerk is authorized and directed to proceed on behalf of the City with
the negotiation of terms of a Loan Agreement and the issuance of General Obligation
Capital Loan Notes, Series 2014, evidencing the City's obligations to a principal amount
of not to exceed $575,000, to select a date for the final 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 ac-
tion necessary to permit the completion of a loan on a basis favorable to the City and
acceptable to the Council.
Section 3. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of meeting, in a legal newspaper, printed wholly in the English lan-
guage, published at least once weekly, and having general circulation in the City. The
publication to be not less than ten (10) nor more than twenty clear days before the date
of the public meeting on the issuance of the Notes.
Section 4. The notice of the proposed action shall be in substantially the [Provided]
form:
Passed and approved this 20th day of October, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointments were made to the following commissions:
1. Community Development Advisory Commission: One, 3 year term through Febru-
ary 15, 2016 (Vacant term of Corken). Applicant: Michelle Hinke, 973 Patricia Ann Dr.
Motion by Connors to appoint Michelle Hinke to a 3 -year term through February 15,
2016. Seconded by Lynch. Motion carried 7-0.
2. Environmental Stewardship Advisory Commission: One, 3 year term through Oc-
tober 1, 2017 (Vacant term of Bergum), Applicant: Lalith Jayawickrama, 2360 Cherry St.
Motion by Braig to appoint Lalith Jayawickrama to a 3 -year term through October 1,
2017. Seconded by Jones. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items:
1. Request for Planned Commercial District Amendment - Theisen's: Proof of publi-
cation on notice of public hearing to consider a request by Theisen's / STP Holdings /
Tony Theisen to amend the Theisen's PC Planned Commercial District sign regulations
at 2900 Dodge Street and the Zoning Advisory Commission recommending approval.
Motion by Jones to receive and file the documents and that the requirement that a pro-
posed ordinance be considered and voted on for passage at two Council meetings prior
to the meeting at which it is to be passed be suspended. Seconded by Connors. Tony
18
Theisen spoke in support of the amendment. Planning Services Manager Laura Car-
stens provided a staff report. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 61-14 Amend-
ing Title 16 the Unified Development Code of the City of Dubuque Code of Ordinances,
by Amending Ordinance 35-03 which established regulations for a PUD Planned Unit
Development District with a PC Planned Commercial Designation for Theisen's and now
being amended to allow for new signage. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 61-14
AMENDING TITLE 16 THE UNIFIED DEVELOPMENT CODE OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, BY AMENDING ORDINANCE 35-03 WHICH
ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DIS-
TRICT WITH A PC PLANNED COMMERCIAL DESIGNATION FOR THEISEN'S AND
NOW BEING AMENDED TO ALLOW FOR NEW SIGNAGE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code
of Ordinances, Unified Development Code, is hereby amended by amending Ordinance
35-03 which established regulation for a Planned Unit Development district with a
Planned Commercial District designation and now being amended to allow for new
signage for the hereinafter -described property, to wit:
Lot 2 of Lot 1 of Harwood Place, Lot 2 of Harwood Place, Lot 2 of Lot 1 of Lot 1 of
Mineral Lot 237, Lot 3 of Mineral Lot 243, Lot 2 of Lot 2 of Mineral Lot 237, Lot 2 of
Mineral Lot 239, Lot 2 of Tri -Co, Inc. Place No. 1, Lot 2 of Tri -Co, Inc. Place No. 2,
and Jody's Place in Block 1 of Plaza 20, all located in Section 27, T89N, R2E of
the 5th Principal Meridian, City of Dubuque, County of Dubuque, Iowa, and to the
centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
E. Sign Regulations
Signs in the PUD District shall be regulated as follows:
The provisions of the C-3 General Commercial District sign regulations (Section 4-
3.11) of the Zoning Ordinance shall apply unless further regulated by this section.
Freestanding Signs: Premises is permitted four (4) freestanding signs, the aggregate
sign area not to exceed 500 square feet. No one sign can exceed 300 square feet.
Wall -mounted Signs: Premises is permitted a maximum of 16 wall -mounted signs,
the aggregate not to exceed 930 square feet. No one sign can exceed 195 square feet.
Lighting: Signs may be illuminated only by means of indirect lighting whereby all light
sources and devices are shielded from view by opaque or translucent materials, or in-
ternally illuminated by means of a light source completely enclosed by the sign panel.
Motion: No signs may include any device or means, mechanical, electrical, or natural,
which shall cause motion of the sign panel or any part thereof. No flashing lights or
changing colors shall be allowed.
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 immediately upon publication, as provided
by law.
19
Passed, approved and adopted this 20th day of October, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper on the 24th day of October,
2014.
/s/Kevin S. Firnstahl, City Clerk
2. Request to Rezone 2663 Roosevelt Street: Proof of publication on notice of public
hearing to consider a request by Leonard & Jody Koopman to rezone property located
at 2663 Roosevelt Street from R-1 Single Family Residential to AG Agriculture to permit
Row Crops, Orchards and Livestock and the Zoning Advisory Commission recommend-
ing approval. Motion by Connors to receive and file the documents and that the re-
quirement 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. Se-
conded by Braig. Leonard Koopman, 501 Sunset Ridge, spoke in support of the re-
quest. Planning Services Manager Laura Carstens provided a staff report. Motion car-
ried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 62-14
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 2663 Roosevelt from R-
1 Single -Family Residential District to AG Agricultural District. Seconded by Lynch. Mo-
tion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 62-14
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 2663 ROOSEVELT FROM R-1 SINGLE-FAMILY RESI-
DENTIAL DISTRICT TO AG AGRICULTURAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De-
velopment Code, is hereby amended by reclassifying the hereinafter -described property
from R-1 Single -Family Residential District to AG Agricultural District, to wit:
Lot 1 Destinee Stables 2nd Addition, and to the centerline of the adjoining public
right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved and adopted this 20th day of October, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper on the 24th day of October,
2014.
/s/Kevin S. Firnstahl, City Clerk
20
3. Request to Rezone 815 Rose Street: Proof of publication on notice of public hear-
ing to consider a request by B.M. Properties / Brandon Merrick to rezone property locat-
ed at 815 Rose Street from R-2 Two Family Residential to R-3 Moderate Density Multi
Family Residential to permit the addition of a dwelling unit to an existing 5-plex and the
Zoning Advisory Commission recommending approval with conditions. Motion by Con-
nors to receive and file the documents and that the requirement that a proposed ordi-
nance 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. Mr. Merrick
spoke in support of the request and responded to questions from City Council regarding
off-street parking and snow removal. Planning Services Manager Laura Carstens pro-
vided a staff report and noted that the Zoning Board of Adjustment will also review the
request. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 63-14
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 815 Rose Street from
R-2 Two -Family Residential District to R-3 Moderate Density Multi -Family Residential
District with conditions as established in the attached Memorandum of Agreement. Se-
conded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 63-14
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 815 ROSE STREET FROM R-2 TWO-FAMILY RESIDEN-
TIAL DISTRICT TO R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL DIS-
TRICT WITH CONDITIONS AS ESTABLISHED IN THE ATTACHED MEMORANDUM
OF AGREEMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De-
velopment Code, is hereby amended by reclassifying the hereinafter -described property
from R-2 Two -Family Residential District to R-3 Moderate Density Multi -Family Residen-
tial District with conditions, to wit:
Lot 5 Block 1 Hamblin Subdivision, and to the centerline of the adjoining public
right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved and adopted this 20th day of October, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper on the 24th day of October,
2014.
/s/Kevin S. Firnstahl, City Clerk
21
4. Linseed Oil Paintworks Building - Amendment to Development Agreement: roof of
publication on notice of public hearing to consider amending the Development Agree-
ment with Wilmac Property Company for the property located at 151 East 9th Street and
the City Manager recommending approval. Motion by Braig to receive and file the doc-
uments and adopt Resolution No. 336-14 Approving the First Amendment to the Devel-
opment Agreement between the City of Dubuque, Iowa, and Betty Building, LLC. Se-
conded by Connors. Motion carried 7-0.
RESOLUTION NO. 336-14
APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA AND BETTY BUILDING, LLC
Whereas, the City of Dubuque (City) and Wilmac Property Company (Wilmac) en-
tered into a Development Agreement on March 7, 2013 for the rehabilitation of the Lin-
seed Oil Paintworks Company Building located at 151 East 9th Street, Dubuque, Iowa
(the Property); and
Whereas, Wilmac has assigned its rights and responsibilities under the Development
Agreement to Betty Building, LLC (Betty); and
Whereas, Betty has requested certain amendments to the Development Agreement
set forth in the First Amendment to Development Agreement attached hereto, including
authorizing an increase in the Urban Renewal Tax Increment Revenue obligations, as
provided by Chapter 403 of the Code of Iowa, for the purpose of carrying out the reha-
bilitation of property located at 151 East 9th Street; and
Whereas, the City Council of the City of Dubuque finds that the City of Dubuque
should consent to the First Amendment.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque hereby approves the First
Amendment to Development Agreement, a copy of which is attached hereto.
Section 2. The Mayor is authorized and directed to sign the First Amendment to De-
velopment Agreement of behalf of the City of Dubuque.
Passed, approved and adopted this 20th day of October, 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. Greater Dubuque Development Corporation - Quarterly Update: President and
CEO Rick Dickinson presented the quarterly update on the activities of the Greater
Dubuque Development Corporation and addressed receiving the award for Economic
Excellence, a review of recent economic development achievements, and the addition
of staff members David Lyons and Rob Apel. A video on the Thrive newcomers program
was shown. Motion by Lynch to receive and file the information. Seconded by Braig.
Motion carried 7-0.
22
2. English Mill Water Main Extension Project Award (Tabled from October 2, 2014):
City Manager to make a final recommendation on the award of the English Mill Water
Main Extension Project. Motion by Jones to remove from the table. Seconded by Braig.
Motion carried 7-0. Restated motion by Jones to receive and file the documents and re-
ject the award. Seconded by Lynch. Motion carried 7-0.
3. English Mill Road Pumping Facility Project Award (Tabled from October 2, 2014):
City Manager to make a final recommendation on the English Mill Road Pumping Facili-
ty Project Award. Motion by Braig to remove from the table. Seconded by Connors. Mo-
tion carried 7-0. Restated motion by Jones to reject the award. Seconded by Lynch. Mo-
tion carried 7-0.
4. Upper Bee Branch Creek Restoration Project - 429 Rhomberg Avenue Stabiliza-
tion Project Award: City Manager recommending award of the contract for the 429
Rhomberg Stabilization Project to the low bidder R&W Restoration, LLC. Motion by
Braig to receive and file the documents and adopt Resolution No. 337-14 Awarding pub-
lic improvement contract for the 424 Rhomberg Stabilization Project. Seconded by Con-
nors. Motion carried 6-1 with Lynch voting nay.
RESOLUTION NO. 337-14
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 429 RHOMBERG
STABILIZATION PROJECT
Whereas, sealed proposals have been submitted by contractors for the 429 Rhom-
berg Stabilization Project (the Project) pursuant to Resolution No. 294-14 and Notice to
Bidders published in a newspaper published in the City of Dubuque, Iowa on the 10th
day of October, 2014.
Whereas, said sealed proposals were opened and read on the 14th day of October,
2014, and it has been determined that R&W Restoration, LLC of Dubuque, Iowa, with a
bid in the amount of $170,750.00, is the lowest responsive, responsible bidder for the
Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to East Iowa
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 20th day of October, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Environmental Stewardship Advisory Commission - Retail Plastic Bag Elimination:
Correspondence from the Environmental Stewardship Advisory Commission requesting
additional action on implementing the retail plastic bag reduction plan. Restated motion
by Connors to receive and file the documents and direct staff to continue to have dis-
cussions with businesses and provide updates to the City Council. Seconded by Jones.
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Public Health Specialist Mary Rose Corrigan and Sustainable Community Coordinator
Cori Burbach responded to questions from the City Council, which discussed the re-
sponse from and economic impact on local businesses, monitoring national reduction
programs, and voluntary programs vs. regulated enforcement. Motion carried 7-0.
6. Code of Ordinances Amendment - Title 9 Speed Limit Reduction: City Manager
recommending approval of an amendment to City Ordinance 9-7-321.285 to reduce the
speed limit from 35 mph to 25 mph on Kerper Boulevard from Pine Street to 11th Street.
Motion by Jones to receive and file the documents and that the requirement that a pro-
posed ordinance be considered and voted on for passage at two Council meetings prior
to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion
carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 64-14 Amend-
ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7
Operation, Division 5 Speed Restrictions, Section 9-7-321.285 Limits Generally by
amending the speed limit for a portion of Kerper Boulevard from 35 M.P.H. to 25 M.P.H.
Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 64-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 7 OPERATION, DIVISION 5 SPEED RE-
STRICTIONS, SECTION 9-7-321.285 LIMITS GENERALLY BY AMENDING THE
SPEED LIMIT FOR A PORTION OF KERPER BOULEVARD FROM 35 M.P.H. TO 25
M.P.H.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-7-321.285 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
9-7-321.285: LIMITS GENERALLY:
C. When signs are erected giving notice thereof, the following shall be the lawful
speed on the streets or portions thereof designated herein:
Twenty five (25) miles per hour:
Admiral Sheehy Drive, U.S. Highway 61/151 to its terminus.
Airport Road, from a point two thousand three hundred feet (2,300') west of U.S.
Highway 61 to its westerly terminus.
Bryant Street, from Grandview Avenue to the centerline of U.S. Highway 20.
Carter Road, from John F. Kennedy Road to Kane Street.
Central Avenue, 32nd Street to its southerly terminus.
Fremont Avenue, from Simpson Street to U.S. Highway 20.
Greyhound Park Drive, U.S. Highway 61/151 to its terminus.
Hill Street, from 9th Street to the centerline of U.S. Highway 20.
Kerper Boulevard, Pine Street to 11th Street.
Pennsylvania Avenue, from University Avenue to Hickson Street.
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Ramp connector, eastbound from Fremont Avenue to Grandview Avenue.
Ramp connector, westbound from Grandview Avenue to Lombard Street.
White Street, 4th Street to 12th Street.
Thirty five (35) miles per hour:
Airport Road, from U.S. Highway 61 to a point two thousand three hundred feet
(2,300') west of U.S. Highway 61.
Asbury Road, from a point five hundred feet (500') west of St. John's Drive to city lim-
its.
Carter Road, from Kane Street to West 32nd Street.
Cedar Cross Road, Fremont Street to a point eight hundred feet (800') east of Ace
Avenue.
Dodge Street (U.S. Highway 20), from Locust Street to a point one thousand five
hundred thirty feet (1,530') east of Locust Street.
Dodge Street (U.S. Highway 20), Locust Street to a point one thousand one hundred
feet (1,100') west of Locust Street.
Grandview Avenue, Balboa Street to 32nd Street.
Grandview Avenue, from a point approximately four hundred feet (400') north of Ungs
Street to Kaufman Avenue.
John F. Kennedy Road, Dodge Street (U.S. Highway 20) to Sunset Park Circle.
Kerper Boulevard, 11th Street to Hawthorne Street.
Pennsylvania Avenue, John F. Kennedy Road to westerly city limits.
Peru Road, Sheridan Road to Roosevelt Road (Valley Road).
Radford Road, from Chavenelle Road to the northerly city limits.
Roosevelt Road (Valley Road and Pebman Road), Peru Road to a point five hundred
feet (500') north of Amelia Drive.
Seippel Road, Old Highway Road to the northerly city limits.
University Avenue, Prysi Street to John F. Kennedy Road.
Wacker Drive, Dodge Street (U.S. Highway 20) to John F. Kennedy Road.
16th Street, East, Kerper Boulevard to Sycamore Street.
32nd Street, West, Grandview Avenue to Highland Park.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 20th day of October, 2014
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of October,
2014.
/s/Kevin S. Firnstahl, City Clerk
7. Request for Work Session - Dubuque Metropolitan Area Solid Waste Agency: City
Manager requesting that the City Council schedule a work session for Monday, Novem-
ber 3 at 5:30 p.m. regarding the Dubuque Metropolitan Area Solid Waste Agency's
overview of current Agency operations, plans for the future, and need to borrow monies
for upcoming capital projects. Motion by Lynch to receive and file the documents and
set the work session as recommended. Seconded by Connors. Motion carried 7-0.
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8. Request for Work Session - Sustainable Dubuque Quarterly Work Session: City
Manager requesting that the City Council set the quarterly Sustainable Dubuque Work
Session for Monday, December 1, at 5:00 p.m. Motion by Braig to receive and file the
documents and set the work session as recommended. Seconded by Connors. Motion
carried 7-0.
9. National League of Cities Voting Delegates: Correspondence from the National
League of Cities requesting that the City designate a voting delegate and alternate Na-
tional League of Cities Annual Business meeting on November 22, 2014. Motion by
Connors to receive and file the documents and select Mayor Buol and Council Member
Lynn Sutton as the voting delegate and alternate respectively. Seconded by Jones. Mo-
tion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported on the recent passing of Dr. Doug Butzier who
served as the Fire Department's Physician Medical Director.
Council Member Connors asked that any mail addressed to the City Council include
the identity of the sender.
Mayor Buol reported on the success of the 7th Annual Growing Sustainable Commu-
nities Conference held October 7 and 8 at the Grand River Center.
There being no further business, upon motion the City Council adjourned at 8:00 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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