9 3 13 City Council Proceedings Official_Special and Regular
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:00 p.m. on September 3, 2013
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2013 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 special session of the City Council called
for the purpose of conducting a work session on the Human Rights Department.
WORK SESSION
Human Rights Department
Human Rights Director Kelly Larson, Training Workforce Development Coordinator
Andre Lessears, Community Engagement Coordinator Nikola Pavelic, and Human Re-
lations Specialist Manisha Paudel presented on the current goals, duties, activities of
the restructured Human Rights Department. Topics included:
Areas of compliance and commitment while maintaining fairness and equity
Change informed by input, data and Council direction
Department workflow from director, intake, and staff
Training and Workforce Development
Priorities and goals
o
Attract, Recruit, Support and Retain (ARSR) Model
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Community Engagement Coordinator
Priorities
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Inform, Consult, Actively Include
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Engagement Opportunities
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Service Areas – Assisting, Planning, Facilitating
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Projects and Engagement Variables
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Human Relations Specialist
Priorities
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Relationship Building
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Outreach vs. Reach In Concepts
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Cultural Voice
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Partnerships, Residents Lead
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The City Council had discussion with staff following the presentation.
There being no further business, upon motion the City Council adjourned at 6:25 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on September 3, 2013
th
2013 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
PROCLAMATION(S)
Dubuque Oktoberfest Day (September 14, 2013) was accepted by Terry Mozena,
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1036 W. 3 St.;
Voices from the Warehouse Days (September 7 - October 4, 2013) was accepted by
Gene Tully, 448 Summit St.;
Barbershop Harmony Week (September 14-21, 2013) was accepted by Joel Gorun,
710 Kane St.;
Life Insurance Awareness Month (September 2013) was accepted by Scott Goins,
3100 Cedar Crest Rdg.;
Drive the Great River Road Anniversary Month (September 2013) was accepted by
John Goodmann, 1306 Tomahawk Dr.;
(Anti-Bullying Awareness Day (September 14, 2013) was removed from the agenda)
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Resnick. Motion carried 7-0.
Minutes and Reports Submitted: City Council proceedings of August 19, 20 & 21;
Community Development Advisory Commission of 7/23; Housing Commission of 7/23
and 7/31; Library Board of Trustees of 7/25; Zoning Board of Adjustment of 8/22; Proof
of Publication for City Council proceedings of 8/5. Upon motion the documents were re-
ceived and filed.
Notice of Claims and Suits: Joanne Gassman for vehicle damage, Deb Lynch for ve-
hicle damage. Upon motion the documents were received, filed and referred to the City
Attorney.
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Disposition of Claims: City Attorney advising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Joanne Gassman for vehicle damage; Deb Lynch for vehicle damage.
Upon motion the documents were received, filed and concurred.
AmeriCorps Partners in Learning Grant Award 12-13 (Grant 12-AC-13): City Manager
recommending approval of the grant agreement with the Iowa Commission on Volunteer
Service for the City of Dubuque AmeriCorps Program. Upon motion the documents
were received, filed and approved.
Consent Decree Semiannual Report: City Manager recommending certification of the
September 30th Semi Annual Consent Decree Report to be submitted to the U.S. De-
partment of Justice, U.S. EPA and the Iowa Department of Natural Resources. Upon
motion the documents were received, filed and approved.
Childhood Lead Poisoning Prevention Agreements: City Manager recommending ap-
proval of a contract with the Dubuque County Board of Health and the Iowa Department
of Public Health for continued funding of the Childhood Lead Poisoning Prevention Pro-
gram and a renewed agreement with the Visiting Nurse Association for services related
to the Childhood Lead Poisoning Prevention Program and Healthy Homes Program.
Upon motion the documents were received, filed and approved.
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Lease Property Platting at East 16 Street and Kerper Blvd (Bee Branch Subdivision
No. 2): City Manager recommending approval of the Plat of Survey for Lot 1-1 and 2-1
of Bee Branch Subdivision No. 2 in order to establish the boundaries and acreage of a
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lease property at East 16 Street and Kerper Boulevard. Upon motion the documents
were received and filed and Resolution No. 276-13 Approving Plat of Survey of Lot 1-1
and Lot 2-1 of Bee Branch Subdivision No. 2 in the City of Dubuque, Dubuque County,
Iowa, was adopted.
RESOLUTION NO. 276-13
APPROVING PLAT OF SURVEY OF LOT 1-1 AND LOT 2-1 OF BEE BRANCH SUB-
DIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
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a plat dated the 23 day of August, 2013, prepared by the City of Dubuque Engineering
Department, dividing Lot 1 of Bee Branch Subdivision No. 2 except those portions taken
for Right of Way, to be hereinafter known as Lot 1-1 and Lot 2-1 of Bee Branch Subdivi-
sion No. 2 in the City of Dubuque, Dubuque County, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the plat dated the 23 day of August, 2013, prepared by the City of
Dubuque Engineering Department relative to the real estate hereinabove described be
and the same is hereby approved, and the Mayor and City Clerk be and they are hereby
authorized and directed to execute said plat for and on behalf of the City of Dubuque,
Iowa.
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Section 2. That the City Clerk be and is hereby authorized and directed to file said
plat and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
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Passed, approved and adopted this 3 day of September 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC City Clerk
Sidewalk Installation Project - Area 2 McAleece / Admiral Sheehy Drive Project Ac-
ceptance: City Manager recommending acceptance of the 2013 Leisure Services Side-
walk Installation Project – Area 2 McAleece/Admiral Sheehy Drive, as completed by
Skyline Construction, and authorizing payment to the contractor. Upon motion the doc-
uments were received and filed and Resolution No. 277-13 Accepting the 2013 Leisure
Services Sidewalk Installation Project Area 2 McAleece/Admiral Sheehy Drive and au-
thorizing the payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 277-13
ACCEPTING THE 2013 LEISURE SERVICES SIDEWALK INSTALLATION PROJECT
AREA 2 MCALEECE/ADMIRAL SHEEHY DRIVE AND AUTHORIZING THE
PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the 2013 Leisure Services Sidewalk
Installation Project - Area 2 McAleece/Admiral Sheehy Drive (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; and
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
McAleece Sidewalks capital improvement appropriation for the contract amount of
$16,234.65 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.
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Passed, approved and adopted this 3 day of September, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC City Clerk
ECIA Contract Amendment No. 3 - Linseed Oil Paintworks Company Building: City
Manager recommending approval of an amendment to the contract with East Central
Intergovernmental Association (ECIA) to assist the City with grant administration for the
amended Community Development Block Grant (CDBG) Disaster Recovery Fund Con-
tract, from the Iowa Economic Development Authority, associated with the recent com-
mitment for redevelopment of the Linseed Oil Paintworks Company Building. Upon mo-
tion the documents were received and filed and Resolution No. 278-13 Resolution of
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the City of Dubuque approving Amendment Number 3 for project administration to East
Central Intergovernmental Association for Community Development Block Grant, Hous-
ing Disaster Recovery Fund Contract, #08-DRH-212, between the City of Dubuque and
the Iowa Economic Development Authority was adopted.
RESOLUTION NO. 278-13
THE CITY OF DUBUQUE APPROVING AMENDMENT NUMBER 3 FOR PROJECT
ADMINISTRATION TO EAST CENTRAL INTERGOVERNMENTAL ASSOCIATON FOR
COMMUNITY DEVELOPMENT BLOCK GRANT, HOUSING DISASTER RECOVERY
FUND CONTRACT, #08-DRH-212, BETWEEN THE CITY OF DUBUQUE AND THE
IOWA ECONOMIC DEVELOPMENT AUTHORITY.
Whereas, The City of Dubuque, Iowa is party to the Agreement creating the East
Central Intergovernmental Association (hereinafter called the ECIA) and is a member in
good standing; and
Whereas, The City of Dubuque, Iowa wishes to engage the ECIA to provide contin-
ued technical and professional services for grant administration of the City of Dubuque’s
Community Development Block Grant, Housing Disaster Recovery Fund Contract (#08-
DRH-212) with the Iowa Economic Development Authority; and
Whereas, Articles II, III (12), and VIII (2) and (3) of the Articles of Agreement of the
East Central Intergovernmental Association gives the ECIA the authority to perform ser-
vices under consideration.
NOW, THEREFORE, BE IT RESOLVED, that the East Central Intergovernmental
Association is hereby authorized to provide staff assistance as prescribed in the at-
tached Contract for Services and Scope of Services.
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Passed, approved, and adopted this 3 day of September, 2013.
Roy Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
City of Peosta - Agreement for Relocation and Expansion of TriState Quality Metals:
City Manager recommending approval of an agreement with the City of Peosta concern-
ing the expansion of TriState Quality Metals. Upon motion the documents were received
and filed and Resolution No. 279-13 Authorizing the approval and execution of an
agreement between the City of Peosta, Iowa, and the City of Dubuque was adopted.
RESOLUTION NO. 279-13
AUTHORIZING THE APPROVAL AND EXECUTION OF AN AGREEMENT BETWEEN
THE CITY OF PEOSTA, IOWA AND THE CITY OF DUBUQUE, IOWA
Whereas, TriState Quality Metals, a Peosta Company, is proposing to expand its
number of employees and size of facility; and
Whereas, the company desires relocation to Dubuque due to insufficient options for
expansion in Peosta; and
Whereas, the company will be requesting Tax Increment Financing (TIF) from the
City of Dubuque; and
Whereas, in order to provide TIF to a relocating Iowa company, the City of Dubuque
and City of Peosta must enter into a mutual agreement; and
Whereas, the City of Peosta signed the agreement on August 13, 2013.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. That the Mayor is hereby authorized to execute the agreement between
the City of Dubuque and City of Peosta.
Section 2. That the City Clerk is directed to remit an original signed agreement to the
City of Peosta and retain an original signed agreement for internal records.
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Passed, approved, and adopted this 3 day of September, 2013.
Roy Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Geologic Computer Systems, Inc.: City Attorney recommending approval of an
Agreement for Reimbursement of Costs and Release Agreement for legal action asso-
ciated with the purchase of copyrighted GeoSite software for the Dubuque Metropolitan
Area Solid Waste Agency. Upon motion the documents were received, filed and ap-
proved.
Airport Commission: Commissioner Michael A. Santillo submitting his resignation
from the Airport Commission. Upon motion the document was received, filed and the
resignation accepted.
Westbrook Subdivision No. 2 - Acceptance of Warranty Deed: City Manager recom-
mending acceptance of the Warranty Deed to the open space lot that the developer,
Callahan Construction, Inc., is dedicating to the City in Westbrook Subdivision No. 2.
Upon motion the documents were received and filed and Resolution No. 280-13 Accept-
ing a Deed to Lot R in Westbrook Subdivision No. 2 in the City of Dubuque, Iowa, was
adopted.
RESOLUTION NO. 280-13
ACCEPTING A DEED TO LOT R IN WESTBROOK SUBDIVISION NO. 2, IN THE
CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolution 123-11, Lot R, shown on the Final Plat of West-
brook Subdivision No. 2 as “Open Space”, was to be accepted upon completion of cer-
tain conditions as detailed in Section 8 of said resolution; and
Whereas, the conditions detailed in Section 8 of Resolution 123-11 have been ful-
filled and met by the developer and the City Manager has reviewed the work, and has
recommended that Lot R be accepted by the City Council.
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 acceptance of the at-
tached Warranty Deed to the following legally described property:
Lot R of Westbrook Subdivision No. 2 in the City of Dubuque, Iowa, according to the
recorded plat thereof, subject to and together with easements and restrictions of record.
Section 2. That the City of Dubuque be and is hereby authorized and directed to
cause said Warranty Deed to be recorded in the office of the Dubuque County Record-
er,
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Section 3. 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.
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Passed, adopted and approved this 3 day of September, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2013 Justice Assistance Grant (JAG) Grant Acceptance: City Manager recommend-
ing approval to accept the 2013 Justice Assistance Grant (JAG) award in the amount of
$26,580 from the Edward Byrne Memorial Assistance Grant program and authorize the
signing of the award document and special conditions. Upon motion the documents
were received, filed and approved.
Mediacom Communications Company: Correspondence from Lee Grassley, Senior
Manager of Government Relations for Mediacom Communications Company, informing
the City of programming changes beginning August 30, 2013. Upon motion the docu-
ment was received and filed.
Improvement Contracts and Maintenance Bonds: Horsfield Construction, Inc. for the
Dubuque Industrial Center South PCC Paving and Utilities Project 2013; Iowa Depart-
ment of Transportation contract with Horsfield Construction, Inc. for the Elm Street Re-
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construction 9-12 Sts. Project; Portzen Construction for the 9 and 11 Street One-
Way to Two-Way Conversion Project; Ted Stackis Construction for deconstruction of
2425 Washington Street property. Upon motion the documents were received, filed and
approved.
Signed Contracts: Iowa Department of Transportation Supplemental Agreement
(Lighting) for maintenance of primary roads (US 52/61/151and US 3/US 52). Upon mo-
tion the document was received and filed.
Alcohol License Applications: City Manager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon motion the documents were received and
filed and Resolution No. 281-13 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li-
cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses
and Permits was adopted.
RESOLUTION NO. 281-13
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
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Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation.
Renewals
Crust Italian Kitchen and Bar 299 Main St. Class C Liquor, Class B Wine (Catering)
(Outdoor) (Sunday)
Eagle Country Market 1800 Elm St. Class E Liquor, Class B Wine, Class C
Beer (Carryout Beer) (Sunday)
Los Aztecas Mexican Rest. 2700 Dodge St. Class C Liquor (Sunday)
Mystique Community Ice Center 1800 Admiral Class C Liquor (Sunday)
Sheehey Dr.
Wal-Mart Supercenter #2004 4200 Dodge St. Class E Liquor, Class B Wine, Class C
Beer (Carryout Beer) (Sunday)
New
West Dubuque Tap 1701 Asbury Class C Liquor (Sunday)
Special Event
Four Mounds Foundation 4900 Peru Rd. Special Class C Liquor (Beer/Wine)
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Passed, approved and adopted this 3 day of September, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding appointment to the fol-
lowing boards/commissions:
Community Development Advisory Commission: One 3-year term through February
15, 2015 (Vacant term of Rathje). Applicant: Angela Kelley, 205 Bluff St. Apt 2E.
Zoning Advisory Commission: One 3-year term through July 1, 2016 (Expired term of
Bird). Applicant: Michael Belmont, 222 Dillion St. Mr. Belmont spoke in support of his
appointment.
Appointments to the following commissions to be made at this meeting:
Zoning Board of Adjustment: One 5-year term through March 25, 2016 (At-will term of
Klauer). Applicant: Jonathan McCoy, 263 Main St. Motion by Braig to appoint Jonathan
McCoy to the remainder of a 5-year term through March 25, 2016. Seconded by Con-
nors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
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Fiscal Year 2014 Budget Amendment No 1.: Proof of publication on notice of public
hearing to consider approval of the Fiscal Year 2014 Budget Amendment No. 1 and the
City Manager recommending approval. Motion by Jones to receive and file the docu-
ments and adopt Resolution No. 282-13 Amending the current budget for the Fiscal
Year 2014. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 282-13
AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30,
2014
Be it Resolved by the Council of the City of Dubuque:
Section 1. Following notice published and the public hearing held, 09/03/2013 the
current budget (as previously amended) is amended as set out herein and in the detail
by fund type and activity that supports this resolution which was considered at that hear-
ing:
Total Budget Total Budget
Current
as certified after Current
Amendment
or last amended Amendment
Revenues & Other Financing Sources
Taxes Levied on Property 23,197,623 0 23,197,623
1
Less: Uncollected Property Taxes-Levy Year 0 0 0
2
Net Current Property Taxes 23,197,623 0 23,197,623
3
Delinquent Property Taxes 0 0 0
4
TIF Revenues 9,752,170 0 9,752,170
5
Other City Taxes 15,560,397 0 15,560,397
6
Licenses & Permits 1,368,930 0 1,368,930
7
Use of Money and Property 14,021,131 143,000 14,164,131
8
Intergovernmental 32,651,928 38,271,207 70,923,135
9
Charges for Services 35,954,213 102,615 36,056,828
10
Special Assessments 55,038 904,970 960,008
11
Miscellaneous 7,874,906 2,961,746 10,836,652
12
Other Financing Sources 26,950,892 49,325,140 76,276,032
13
Total Revenues and Other Sources 167,387,228 91,708,678 259,095,906
14
Expenditures & Other Financing Uses
27,115,833 624,393 27,740,226
Public Safety
15
Public Works 12,223,715 548,316 12,772,031
16
Health and Social Services 998,450 202,364 1,200,814
17
Culture and Recreation 10,916,031 547,564 11,463,595
18
Community and Economic Development 13,343,613 423,201 13,766,814
19
General Government 7,472,570 303,787 7,776,357
20
Debt Service 7,613,632 0 7,613,632
21
Capital Projects 25,588,595 58,864,545 84,453,140
22
Total Government Activities Expenditures 105,272,439 61,514,170 166,786,609
23
Business Type / Enterprises 43,723,844 77,190,606 120,914,450
24
Total Gov Activities & Business Expenditures 148,996,283 138,704,776 287,701,059
25
Transfers Out 20,747,941 4,338,689 25,086,630
26
Total Expenditures/Transfers Out 169,744,224 143,043,465 312,787,689
27
Excess Revenues & Other Sources Over (Under) Ex-
penditures/Transfers Out Fiscal Year -2,356,996 -51,334,787 -53,691,783
28
29
Beginning Fund Balance July 1 25,076,317 51,334,787 76,411,104
30
Ending Fund Balance June 30 22,719,321 0 22,719,321
31
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Passed this 3 day of September 2013
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Code of Ordinances Title 16 Unified Development Code Amendment - Home-Based
Businesses (Second Reading): Second reading of a request by Beverly Knockel to
amend Section 7-1.3 of the City of Dubuque’s Unified Development Code to add firearm
sales to the list of prohibited home-based businesses and the Zoning Advisory Com-
mission recommending approval.
Motion by Braig to table a proposed ordinance amending City of Dubuque Code of
Ordinances, Title 16 Unified Development Code, Chapter 7 Supplemental Use Regula-
tions Section 7-1.3 Prohibited Home-Based Business Uses to add firearm sales as a
prohibited home-based business and return the item to staff for a work session to be
scheduled at a future date. Seconded by Connors. Motion carried 6-1 with Resnick vot-
ing nay.
Greater Dubuque Development Corporation - Quarterly Update: President and CEO
Rick Dickinson presented a verbal report on the activities of the Greater Dubuque De-
velopment Corporation, new staff, and new location. Motion by Connors to receive and
file the information. Seconded by Resnick. Motion carried 7-0.
Pre-Annexation Agreement - Truck Country: City Manager recommending approval
of a Pre-Annexation Agreement with McCoy Family Properties and Truck Country of Io-
wa, Inc., for property located at 10785 Route 61, Dubuque, Iowa, which facilitates the
extension of water and sanitary sewer to service Truck Country’s site prior to its an-
nexation and rezoning. Motion by Jones to receive and file the documents and approve
the recommendation. Seconded by Lynch. Motion carried 7-0.
Fund Reserve Policies: City Manager recommending approval of Fund Reserve Poli-
cies. Motion by Connors to receive and file the documents and approve the recommen-
dation. Seconded by Braig. Motion carried 7-0.
Sustainable Neighborhood Builders, Inc., Housing Enterprise Agreement Amend-
ment: City Manager recommending concurrence with the Enterprise Zone Commission
approval and execution of Contract Amendment Number 1, and authorizing the Mayor
to execute Contract Amendment Number 2 to the Housing Enterprise Zone Program
Agreement by and among the Iowa Economic Development Authority, the City and Sus-
tainable Neighborhood Builders, Inc. Motion by Connors to receive and file the docu-
ments and adopt Resolution No. 283-13 Providing concurrence to Enterprise Zone
Commission approval of Contract Amendment Number 1 to Enterprise Zone Agreement
Number 09-HEZ-051 while approving the application for Contract Amendment Number
2 to Enterprise Zone Agreement Number 09-HEZ-051 and authorizing the Mayor to ex-
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ecute Amendment Number 2 upon receipt of contract documents from the Iowa Eco-
nomic Development Authority. Seconded by Jones. Acting Economic Development Di-
rector responded to questions from the City Council. Motion carried 7-0.
RESOLUTION NO. 283-13
PROVIDING CONCURRENCE TO ENTERPRISE ZONE COMMISSION APPROVAL
OF CONTRACT AMENDMENT NUMBER 1 TO ENTERPRISE ZONE AGREEMENT
NUMBER 09-HEZ-051 WHILE APPROVING THE APPLICATION FOR CONTRACT
AMENDMENT NUMBER 2 TO ENTERPRISE ZONE AGREEMENT NUMBER 09-HEZ-
051 AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER 2
UPON RECEIPT OF CONTRACT DOCUMENTS FROM THE IOWA ECONOMIC DE-
VELOPMENT AUTHORITY
Whereas, the City of Dubuque has established two Enterprise Zones and an Enter-
prise Zone Commission; and
Whereas, the Enterprise Zone Commission on June 17, 2009 approved the applica-
tion of Sustainable Neighborhood Builders, Inc. for Housing Enterprise Zone benefits;
and
Whereas, Enterprise Zone Agreement Number 09-HEZ-51 (the Agreement), between
the City, Sustainable Neighborhood Builders, Inc. and the Iowa Economic Development
Authority (IEDA) was approved by the City Council on August 3, 2009; and
Whereas, the application for Amendment Number 1 to the Contract was approved by
the Enterprise Zone Commission on July 19, 2012 and later, the Commission executed
the contract documents upon receipt from the IEDA; and
Whereas, Amendment Number 1 allowed for the Agreement to remain in effect until
the creation of 130 multi-family units; and
Whereas, the application for Amendment Number 2 to the Contract was approved by
the Enterprise Zone Commission on July 16, 2013; and
Whereas, Amendment Number 2 has not yet been approved by the IEDA; and
Whereas, Amendment Number 2 would amend the housing business in the Agree-
ment from Sustainable Neighborhood Builders, Inc. to Novelty Iron Landlord LLC, the
number of multi-family units from 130 to 76, the project investment from $38.85 million
to $28.97 million with $13.7 million eligible for the enterprise zone benefits, and
acknowledge that five of the units will be available for income qualified rates; and
Whereas, the IEDA allows local execution of Enterprise Zone Contract documents by
the City Council or Enterprise Zone Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. That the City Council concurs with the Enterprise Zone Commission re-
garding the approval of Amendment Number 1 to Enterprise Zone Agreement Number
09-HEZ-51.
Section 2. That the City Council finds that the application for the proposed Amend-
ment Number 2 to Enterprise Zone Agreement Number 09-HEZ-51 is acceptable and
necessary to the growth and development of the city.
Section 3. That the Mayor is authorized and directed to execute Amendment Number
2 on behalf of the City of Dubuque upon receipt of contract documents from the Iowa
Economic Development Authority.
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Passed, approved and adopted this 3 day of September, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Council Member Connors reported on the recent delegation visit from Dubuque’s Sis-
ter City of Handan, China, and the gifts given to the City by the delegates for display.
PUBLIC INPUT
Jacob Long, 4604 Cardinal Dr., addressed the City Council about what he believes
are benefits of and the need for home-based businesses.
Jay Kolker, 1763 Rosemont St., inquired about the criteria used by the Zoning Advi-
sory Commission in determining a list of prohibited home-based businesses. Council
Member Braig informed Mr. Kolker that information on the topic is forthcoming at a fu-
ture work session.
There being no further business, upon motion the City Council adjourned at 7:43 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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