4 6 15 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on April 6, 2015 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 work session for the Catfish Creek Watershed man-
agement Plan.
Work Session
Catfish Creek Watershed Management Plan
• Watershed Planning Steps (Addresses USEPA/Iowa DNR 9 Elements)
• Watershed Field Inventory
• Important Natural Areas
• Future Land Use/Land Cover
• Green Infrastructure Network
• Water Quality Criteria Exceedances
• Pollutant Loading Model Results
• Flood Problem Areas
• Policy Recommendations
• Site Specific Management Measures
• Detention Basin Recommendations
• Wetland Restoration Recommendations
• Streambank, Channel, & Riparian Restoration
• Stream & Riparian Area Restoration
• Green Infrastructure Protection Areas
• Existing Agricultural Management Practices
• High Priority -Critical Areas
• State Revolving Fund (SRF) Sponsorship Project — Catfish Creek
• Other Projects and Future Goals
There being no further business, upon motion the City Council adjourned at 6:01 p.m.
is/Trish Gleason, Assistant City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on April 6, 2015 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 regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Community Development Week (April 6-11) accepted by Theresa Caldwell Presi-
dent of The Washington Neighborhood Association
2. Mayor's Day of Recognition for National Service (April 7) Natalie Blatz with Ameri-
Corp Partners in Learning and Beth Kelchen, Project Director with Retired and Senior
Volunteer Program
3. Smart Money Week (April 18 - 25) accepted by Amy Muchmore, Adult Services
Manager, Carnegie -Stout Public Library
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: Arts and Cultural Affairs Advisory Commission
2/25, 3/10; Historic Preservation Commission of 3/19; Library Board of Trustees of 1/22,
2/17; Sister City Relationship Advisory Commission of 3/18; Proof of Publication City
Council proceedings of 2/15, 3/2, 3/3, 3/5. Upon motion the documents were received
and filed.
2. Notice of Claims and Suits: Shanita Alexander for vehicle damage; Kristine Blake-
man for vehicle damage; Carol Boge for property damage; Linda Chong for property
damage; Jennifer Feist for personal injury; Will Gross for property damage; Robert Hall
for property damage; Laura Merritt for property damage; James Meyer for property
damage; Thomas Miller for personal injury; Mark Sarazin for property damage; Eliza-
beth Smith for property damage; Trigger Happy Tattoo for revenue loss; Joyce and Al-
bert Wiendenbacher for property damage. Upon motion the documents were received,
filed and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Shanita Alexander for vehicle damage; Kristine Blakeman for vehicle
damage; Carol Boge for property damage; Linda Chong for property damage; Jennifer
Feist for personal injury; Will Gross for property damage; Robert Hall for property dam-
age; Laura Merritt for property damage; James Meyer for property damage; Thomas
Miller for personal injury; Mark Sarazin for property damage; Joyce and Albert
Wiendenbacher for property damage. Upon motion the documents were received, filed
and concurred.
4. AmeriCorps VISTA Project Application: City Manager recommending approval of
the AmeriCorps VISTA grant application to the Corporation for National and Community
Service for four VISTA positions focused on the Third Grade Reading Initiative. Upon
motion the documents were received, filed and approved.
5. Dubuque Marina Assignment of Lease: City Manager recommending approval of
the Assignment of Lease with the understanding that the Assignment of Lease should
not be considered by Pier Pressure Marine IA, Inc. as any indication of whether the City
will or will not agree to an extension of the Lease. Upon motion the documents were re-
ceived, filed and approved.
6. North Cascade Road Developers Agreement: City Manager recommending ap-
proval of the North Cascade Road Developers Agreement. Upon motion the documents
were received, filed and approved.
7. US Department of Housing and Urban Development (HUD) Resiliency Grant Ap-
plication - Phase I: City Manager recommending approval for the submission of a Phase
I application to the US Department of Housing and Urban Development National Disas-
ter Resilience Competition. Upon motion the documents were received, filed and ap-
proved.
8. Community Working/Investing in Neighborhood Stabilization (WINS) Grant Pro-
gram: City Manager recommending approval of the submittal of The Wells Fargo/U.S.
Conference of Mayors Community WINS (Working/Investing in Neighborhood Stabiliza-
tion) Grant Program joint application in partnership with the Community Foundation of
Greater Dubuque and Northeast Iowa Community College. Upon motion the documents
were received, filed and approved.
9. Art on the River - Arts and Cultural Affairs Advisory Commission Modified Recom-
mendation: The Arts and Cultural Affairs Advisory Commission is recommending that
the City Council concur with the updated 2015 Art on the River jury selections and rec-
ommendations for outdoor sculpture at the Port of Dubuque. Upon motion the docu-
ments were received, filed and approved.
10. Community Development Block Grant FY15 Annual Action Plan -Amendment 2:
City Manager recommending approval of the Community Development Block Grant Fis-
cal Year 2015 Annual Action Plan- Amendment 2. Upon motion the documents were
received and filed and Resolution No. 95-15 Approving Fiscal Year 2015 (Program Year
2014) Annual Action Plan Amendment 2 for Community Development Block Grant
(CDBG) Funds was adopted.
RESOLUTION NO. 95-15
APPROVING FISCAL YEAR 2015 (PROGRAM YEAR 2014) ANNUAL ACTION PLAN
AMENDMENT 2 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS
Whereas, the City of Dubuque prepared and filed an Annual Action Plan for Fiscal
Years 2015; and
Whereas, the City of Dubuque now desires to amend said Annual Plan by reallocat-
ing funds between existing activities; and
Whereas, said amendment is a non -substantial amendment as provided in the City's
Citizen Participation Plan and therefore must be approved by resolution of the City
Council after recommendation by the Community Development Advisory Commission;
and
Whereas, the Community Development Advisory Commission reviewed said
amendment on March 18, 2015 and voted to approve said amendment and recommend
approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Annual Action Plan for Fiscal Year 2015 is here by amended into
a Fiscal Year 2015 (Program Year 2014) Annual Action Plan — Amendment 2, attached
hereto as Exhibit A.
Section 2. That said Fiscal Year 2015 (Program Year 2014) Annual Action Plan
Amendment 2 attached hereto as Exhibit A is hereby approved.
Section 4. That the City Manager is hereby authorized and directed to submit a copy
of this resolution and amendment to the U.S. Department of Housing and Urban Devel-
opment.
Passed, approved and adopted this 6th day of March, 2015
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
11. PetData Contract Renewal: City Manager recommending approval of a renewal
agreement with PetData, Inc. for the pet licensing service that processes the sale of all
dog and cat licenses in the City of Dubuque. Upon motion the documents were re-
ceived, filed and approved.
12. Concession Agreement - Flora and Sutton Swimming Pool: City Manager rec-
ommending acceptance of the latest bid from Paul Connors to operate the pool conces-
sions. Upon motion the documents were received, filed and approved.
13. Iowa Department of Transportation Grant Agreement for County/City Trailhead -
Corrected Version: City Manager recommending approval of the corrected version of
the Iowa Department of Transportation grant agreement for the County/City Heritage
Trail Parking Lot along S. John Deere Road. Upon motion the documents were re-
ceived, filed and approved.
14. Multicultural Family Center Agreement: City Manager recommending approval of
the First Amendment to the Agreement between the City of Dubuque and the Multicul-
tural Family Center. Upon motion the documents were received, filed and approved.
15. Water & Resource Recovery Center (W&RRC) Cogeneration Facilities Project
Acceptance: City Manager recommending acceptance of the construction contract for
the Water and Resource Recovery Center Cogeneration Facilities Project, as completed
by Total Mechanical Services, Inc. Upon motion the documents were received and filed
and Resolution No. 96-15 Accepting the Water and Resource Recovery Cogeneration
Facilities Project and Authorizing the Payment of the Contract Amount to the Contractor
was adopted.
RESOLUTION NO. 96-15
ACCEPTING THE WATER AND RESOURCE RECOVERY COGENERATION FACILI-
TIES PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT
TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Water and Resource Recovery
Cogeneration Facilities Project (the Project) has been completed and the City Engineer
has examined the work and filed a certificate stating that the Project has been complet-
ed according to the terms of the Public Improvement Contract and that the City Engi-
neer recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Water and Resource Recovery Cogeneration Facilities Project fund for the contract
amount of $3,227,096 less any retained percentage provided for therein as provided in
Iowa Code chapter 573, and to pay such retainage only in accordance with the provi-
sions of Iowa Code chapter 573.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE WATER AND
RESOURCE RECOVERY COGENERATION FACILITIES PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Water and Resource Recovery Cogeneration Facilities Project, that
the Project has been performed in compliance with the terms of the Public Improvement
Contract, and that the total cost of the completed work is $3,227,096.
Dated this 6th day of March, 2015.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 6th day of March, 2015.
/s/Trish L. Gleason, Assistant City Clerk
16. Acceptance of Temporary Easement for Grading and Construction and a Perma-
nent Easement for Sanitary Sewer from Davis Place LLC.: City Manager recommending
acceptance of a temporary easement for grading and construction and a permanent
easement for sanitary sewer from The Davis Place LLC. Upon motion the documents
were received and filed and Resolution No. 97-15 Accepting a Grant of Temporary
Easement for Grading and Construction and Permanent Easement for Sanitary Sewer
Through, Over and Across Part of Lot 3 in Davis Place 11, in the City of Dubuque, Iowa
was adopted.
RESOLUTION NO. 97-15
ACCEPTING A GRANT OF TEMPORARY EASEMENT FOR GRADING AND CON-
STRUCTION AND PERMANENT EASEMENT FOR SANITARY SEWER THROUGH,
OVER AND ACROSS PART OF LOT 3 IN DAVIS PLACE II, IN THE CITY OF DUBU-
QUE, IOWA
Whereas, The Davis Place LLC has executed a Temporary Easement for Grading
and Construction and a Permanent Easement for Sanitary Sewer through, over and
across Part of Lot 3 in Davis Place 11, in the City of Dubuque, Dubuque County, Iowa.
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, Iowa, hereby approves of, ac-
cepts and consents to the Grant of Temporary Easement for Grading and Construction
and a Permanent Easement for Sanitary Sewer through, over and across Part of Lot 3
in Davis Place 11, in the City of Dubuque, in the City of Dubuque, Dubuque County, Iowa
from Davis Place LLC, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish Gleason, Assistant City Clerk
17. Final Plat for Derby Grange Acres: City Manager recommending approval of the
Final Plat of Derby Grange Acres subject to allowing 22 -foot paving width for Country
View Drive and Country View Court, a 25 -foot lot frontage for Lot 6, and waiving Sec-
tions 11-20 Water Supply, 11- 21 Sanitary Sewer, 11-23 Obligation to Install Improve-
ments, and 11-24 Improvement Guarantees. Upon motion the documents were received
and filed; and Resolution No. 98-15 Approving the Final Plat of Derby Grange Acres in
Dubuque County, Iowa was adopted.
RESOLUTION NO. 98-15
APPROVING THE FINAL PLAT OF DERBY GRANGE ACRES IN DUBUQUE COUN-
TY, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Derby Grange Acres;
and
Whereas, said Final Plat provides for a 22 -foot pavement width for Country View
Drive and Country View Court, where 26 -foot paving width for a private street is re-
quired by Section 11-15 of Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code; and
Whereas, said Final Plat provides 25 feet of frontage for Lot 6 on a public street or an
approved private street, where 50 feet is required by Section 11-14 of Title 16 of the
City of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, the preliminary plat has been examined by the Zoning Advisory Commis-
sion and has 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 11-15 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow two 22 -foot wide paved private streets.
Section 2. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 25 feet of frontage on a public street or
an approved private street for Lot 6.
Section 3. That the City Council hereby waives Sections 11-20 Water Supply, 11-21,
Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11-24 Improvement
Guarantees.
Section 4. That the Final Plat of Derby Grange Acres is hereby approved and the
Mayor and City Clerk are hereby authorized and directed to endorse the approval of the
City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein
named, execute their written acceptance hereto attached agreeing:
a) To construct private street improvements in accordance with improvement plans
approved by Dubuque County and certified upon completion by a professional engi-
neer licensed by the State of Iowa.
b) To maintain the private street improvements constructed as part of Derby Grange
Acres until such time as a homeowners association is formed and is responsible for
maintenance of the same.
Section 5. That in the event Arboretum Development, LLC fails to execute the ac-
ceptance within 180 days after the date of this Resolution, the provisions hereof shall be
null and void and the approval of the plat shall not be effective.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
ACCEPTANCE OF RESOLUTION NO. 98-15
I, the undersigned, Greg Adams, representing Arboretum Development, LLC, having
read the terms and conditions of the Resolution No. 15 and being familiar with the con-
ditions thereof, hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this 6th day of April, 2015.
/s/Greg Adams
Arboretum Development, LLC
18. Utility Easements - Furuseth Property: City Manager recommending approval of the
purchase of an Easement Agreement from Patricia Furuseth for the construction of the
utility extension to the Dubuque Regional Airport and approval of resolutions authorizing
the City Manager to take such further action as is required to complete the purchase of
the Easements. Upon motion the documents were received and filed and Resolution
No. 99-15 Approving the Acquisition of Easements Upon Real Estate Owned by Patricia
F. Furuseth In Dubuque County, Iowa; and Resolution No. 100-15 Accepting Grant of
Easements Upon Real Estate Owned by Patricia F. Furuseth in Dubuque County, Iowa
were adopted.
RESOLUTION NO. 99-15
APPROVING THE ACQUISITION OF EASEMENTS UPON REAL ESTATE OWNED
BY PATRICIA F. FURUSETH IN DUBUQUE COUNTY, IOWA
Whereas, Patricia F. Furuseth is the owner of the real property (the Property) legally
described as follows:
Lot Two (2) of Furuseth's Eighth Subdivision in Section 23 and 24, T88N R2E of the
5th PM, Dubuque County, Iowa
Lot four (4) in Furuseth's Subdivision in Section 23, T88N R2E of the 5th PM, Dubu-
que County, Iowa
Lot Thirty-three (33) in Furuseth's Sixth Subdivision in Sections 23 and 24, T88N
R2E of the 5th PM, Dubuque County, Iowa and;
Whereas, the City Manager has tentatively agreed to purchase certain easements on
the Property (the Easements) for the Airport Utility Extension Project from Patricia F.
Furuseth subject to the approval of an Easement Agreement and Acceptance between
City and Patricia F. Furuseth by the City Council, such Easements being shown on the
attached Easement Agreement and Acceptance; and
Whereas, the City Council has determined that it would be in the best interests of the
City to approve the purchase of the Easements from Patricia F. Furuseth.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the Easement Agreement and Ac-
ceptance attached hereto.
Section 2. The City Manager and City Attorney are authorized to take such further ac-
tion as is required to complete the purchase of the Easements.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 100-15
ACCEPTING GRANT OF EASEMENTS UPON REAL ESTATE OWNED BY PATRI-
CIA F. FURUSETH IN DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque, Iowa has entered into an Agreement to purchase cer-
tain Easements for the Airport Utility Extension Project from Patricia F. Furuseth; and
Whereas, the terms of the Agreement have been fulfilled.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts the Grant of Easements for the Airport
Utility Extension Project from Patricia F. Furuseth attached hereto.
Section 2. The City Manager is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection therewith.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
19. Utility Easements - O'Rourke Property: City Manager recommending approval of
the purchase of an Easement Agreement from Paul O'Rourke for the construction of the
Utility Extension to the Dubuque Regional Airport and approval of a resolution authoriz-
ing the City Manager to take such further action as is required to complete the purchase
of the Easements. Upon motion the documents were received and filed and Resolution
No. 101-15 Approving the Acquisition of Easements Upon Real Estate Owned by
O'Rourke Farms LLC in Dubuque County, Iowa and Resolution No. 102-15 Accepting
Grant of Easements Upon Real Estate Owned By O'Rourke Farms LLC In Dubuque
County, Iowa were adopted.
RESOLUTION NO. 101-15
APPROVING THE ACQUISITION OF EASEMENTS UPON REAL ESTATE OWNED
BY O'ROURKE FARMS LLC IN DUBUQUE COUNTY, IOWA
Whereas, O'Rourke Farms LLC is the owner of the real property (the Property) legal-
ly described as follows:
Lot 1 of the SW'/4 of the NW 1/4; Lot 2 of the E'% of the SW 1/4; Lot 1 of the NW'/4
of the SW 1/4; the SW'/4 of the SW 1/4; the E '% of the NW'/4, Lot 1 of the E '% of
the SW 1/4, and, Lot 3 of the SW 1/4 of the NW 1/4, in Section 13, Township 88
North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the
United States Government Survey and the recorded plats of said respective
Subdivisions, except the portions thereof taken by State of Iowa by Condemna-
tion, Book Lands #58, Page 70 et seq., records of Dubuque County, Iowa, sub-
ject to easements of record, from April 11, 2006 at 8 A.M. and
The SW 1/4 of Section 23, Township 88 North, Range 2 East of the 5th P.M., ac-
cording to the United States Government Survey thereof, except that portion
thereof taken by the State of Iowa for Highway Purposes by Condemnation of
Proceedings, subject to highway and easements of record, from April 11, 2006 at
8 A.M. and;
Whereas, the City Manager has tentatively agreed to purchase certain easements on
the Property (the Easements) for the Airport Utility Extension Project from O'Rourke
Farms LLC subject to the approval of an Offer to Buy Real Estate and Acceptance be-
tween City and O'Rourke Farms LLC by the City Council, such Easements being shown
on the attached Offer to Buy Real Estate and Acceptance; and
Whereas, the City Council has determined that it would be in the best interests of the
City to approve the purchase of the Easements from O'Rourke Farms LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the Offer to Buy and Acceptance at-
tached hereto.
Section 2. The City Manager and City Attorney are authorized to take such further ac-
tion as is required to complete the purchase of the Easements.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 102 -15
ACCEPTING GRANT OF EASEMENTS UPON REAL ESTATE OWNED BY
O'ROURKE FARMS LLC IN DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque, Iowa has entered into an Agreement to purchase cer-
tain Easements for the Airport Utility Extension Project from O'Rourke Farms LLC; and
Whereas, the terms of the Agreement have been fulfilled.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts the Grant of Easements for the Airport
Utility Extension Project from O'Rourke Farms LLC attached hereto.
Section 2. The City Manager is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection therewith.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
20. Utility Easements - Speigel Property: City Manager recommending approval of a
Grant of Easement for the Royal Oaks Development Corporation Property and authori-
zation for the City Manager to execute the Grant of Easement for the proposed con-
struction of the Utility Extension to the Dubuque Regional Airport. Upon motion the doc-
uments were received and filed and Resolution No. 103-15 Accepting Grant of Ease-
ment Upon Real Estate Owned by Royal Oaks Development Corporation in Dubuque
County, Iowa was adopted.
RESOLUTION NO. 103-15
ACCEPTING GRANT OF EASEMENT UPON REAL ESTATE OWNED BY ROYAL
OAKS DEVELOPMENT CORPORATION IN DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque, Iowa has entered into an Agreement to purchase cer-
tain Easements for the Airport Utility Extension Project from Royal Oaks Development
Corporation which are located in the following described real estate and shown on the
attached Grant of Easement:
Lot A of Silver Oaks in Section 23, Township 88 North, Range 2 East of the 5th
Principal Meridian, Dubuque County, Iowa; and
Whereas, the terms of the Agreement have been fulfilled.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts the Grant of Easement for the Airport
Utility Extension Project from Royal Oaks Development Corporation attached hereto.
Section 2. The City Manager is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection therewith.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
21. Utility Easements - Tracy Property: City Manager recommending approval of the
purchase of an Easement Agreement from William D. Tracy, William C. Tracy and Kay
J. Tracy for the construction of the Utility Extension to the Dubuque Regional Airport
and approval of a resolution authorizing the City Manager to take such further action as
is required to complete the purchase of the Easements. Upon motion the documents
were received and filed and Resolution No. 104-15 Approving the Acquisition of Ease-
ments Upon Real Estate Owned by William D. Tracy, William C. Tracy, Kay J. Tracy In
Dubuque County, Iowa; and Resolution No. 105-15 Accepting Grant of Easements Up-
on Real Estate Owned by William D. Tracy, William C. Tracy, Kay J. Tracy In Dubuque
County, Iowa were adopted.
RESOLUTION NO. 104-15
APPROVING THE ACQUISITION OF EASEMENTS UPON REAL ESTATE OWNED
BY WILLIAM D. TRACY, WILLIAM C. TRACY, KAY J. TRACY IN DUBUQUE COUN-
TY, IOWA
Whereas, William D. Tracy, William C. Tracy, and Kay J. Tracy are the owners of the
real property (the Property) legally described as follows:
LOT 2 OF LOT 2 IN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 14,
TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN,
DUBUQUE COUNTY, IOWA; and
Whereas, the City Manager has tentatively agreed to purchase certain easements on
the Property (the Easements) for the Airport Utility Extension Project from William D.
Tracy, William C. Tracy, and Kay J. Tracy subject to the approval of an Easement
Agreement and Acceptance between City and William D. Tracy, William C. Tracy, and
Kay J. Tracy by the City Council, such Easements being shown on the attached Ease-
ment Agreement and Acceptance; and
Whereas, the City Council has determined that it would be in the best interests of the
City to approve the purchase of the Easements from William D. Tracy, William C. Tracy,
and Kay J. Tracy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the Easement Agreement and Ac-
ceptance attached hereto.
Section 2. The City Manager and City Attorney are authorized to take such further ac-
tion as is required to complete the purchase of the Easements.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 105-15
ACCEPTING GRANT OF EASEMENTS UPON REAL ESTATE OWNED BY WILLIAM
D. TRACY, WILLIAM C. TRACY, KAY J. TRACY IN DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque, Iowa has entered into an Agreement to purchase cer-
tain Easements for the Airport Utility Extension Project from William D. Tracy, William C.
Tracy, and Kay J. Tracy; and
Whereas, the terms of the Agreement have been fulfilled.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts the Grant of Easements for the Airport
Utility Extension Project from William D. Tracy, William C. Tracy, and Kay J. Tracy at-
tached hereto.
Section 2. The City Manager is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection therewith.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
22. Mediacom Communications Company: Correspondence from Lee Grassley, Sen-
ior Manager of Government Relations for Mediacom Communications Company inform-
ing the City of programming adjustments being implemented on or about April 15, 2015.
Upon motion the documents were received and filed.
23. EPA Brownfields Area -Wide Planning Program Grant: City Manager recommend-
ing approval and acceptance of the Environmental Protection Agency Brownfields Area -
Wide Planning Program Grant. Upon motion the documents were received, filed and
approved.
24. Signed Contracts: Bee Branch Creek Railroad Crossing, Amendment to Service
Agreement with Canadian Pacific; Full Circle Organics, LLC Renewal of Agreement.
Upon motion the documents were received and filed.
25. Letter of Commitment - Greater Dubuque Agriculture and Construction Machinery
Manufacturing Community Application: Submittal of this Letter of Commitment to the
Greater Dubuque Agriculture and Construction Machinery Manufacturing Community
application under consideration from Northeast Iowa Community College and our tri-
state area partners for a regional Investing in Manufacturing Communities Partnership
designation. Upon motion the documents were received, filed and approved.
26. Airport Utility Extension Project - Accepting Deed to Lot 1 of Silver Oaks: City At-
torney Barry Lindahl recommending adoption of the resolution. Upon motion the docu-
ments were received and filed and Resolution No. 106-15 Accepting the Deed to Lot 1
of Silver Oaks in Section 23, Table Mound Township, Dubuque County, Iowa, According
to the Recorded Plat Thereof from Royal Oaks Development Corporation was adopted.
RESOLUTION NO. 106-15
ACCEPTING THE DEED TO LOT 1 OF SILVER OAKS IN SECTION 23, TABLE
MOUND TOWNSHIP, DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORD-
ED PLAT THEREOF FROM ROYAL OAKS DEVELOPMENT CORPORATION
Whereas, the City of Dubuque, Iowa and Royal Oaks Development Corporation en-
tered into a Pre -Annexation Agreement dated for reference purposes the 18th day of
August, 2014; and
Whereas, the Agreement provided among other things that Royal Oaks Development
Corporation would convey to the City certain real estate for a Booster Station for the
Airport Utility Extension Project; and
Whereas, the terms and conditions of the Agreement with respect to the donation of
the Booster Station lot have 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 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 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
27. Alcohol Compliance Civil Penalty for Alcohol License Holder - Sam's Club: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Sam's Club #4973, 4400 Asbury Road. Upon motion
the documents were received, filed and approved.
28. Tobacco Compliance Civil Penalty for Tobacco License Holder - Dave's Conoco:
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Dave's Conoco, 500 Locust St. Upon motion the
documents were received, filed and approved.
29. Tobacco Compliance Civil Penalty for Tobacco License Holder - Family Dollar:
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Family Dollar #1599, 2013 Central Avenue #4.
Upon motion the documents were received, filed and approved.
30. Alcohol License Applications: City Manager recommending approval of annual liq-
uor, beer, and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 107-15 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. 107-15
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and ap-
proved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Bunker Hill Golf Course 2200 Bunker Hill Rd. Class C Liquor (Outdoor) (Sunday)
Fareway Store #114 2050 J F K Blvd. Class E Liquor, Class B Wine, Class C
Beer
Class E Liquor, Class B Wine, Class C
Beer (Sunday)
Class C Beer, Class B Wine (Sunday)
Class E Liquor, Class B Wine, Class C
Beer (Sunday)
Class E Liquor, Class B Wine, Class C
Beer (Sunday)
Class C Liquor, Class B Wine (Sunday)
Class C Liquor
Class C Liquor (Sunday)
Class B Beer (Outdoor) (Sunday)
Hy -Vee #3
Hy -Vee Gas #3
Kwick Stop Food Mart
Kwik Stop 16th St. #300
Lina's Thai Bistro
Neightbor's Tap
Noonan's Tap
Panchero's Mexican
400 Locust St.
300 Locust St.
2360 Central Ave.
1215 East 16th St.
2055 Holliday Dr. #200
1899 Rockdale Rd.
1618 Central Ave.
4840 Asbury Rd.
Grill
Passed, approved and adopted this 6th day of April, 2015.
Attest: Trish L. Gleason, Assistant City Clerk
ITEMS SET FOR PUBLIC HEARING
Roy D. Buol, Mayor
Motion by Lynch to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Connors. Motion carried 7-0.
1. Upper Bee Branch Creek Channel, Streets and Utilities Project: City Manager rec-
ommending authorizing the public bidding process and establish a public hearing for
April 20, 2015 for the Upper Bee Branch Creek — Channel, Street and Utilities Project.
Upon motion the documents were received and filed and Resolution No. 108-15 Upper
Bee Branch Creek — Channel, Streets, & Utilities Project Preliminary Approval of Plans,
Specifications, Form of Contract, and Estimated Cost; Setting Date of Public Hearing on
Plans, Specifications, Form of Contract, and Estimated Cost; and Ordering the Adver-
tisement for Bids was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on April 20, 2015 in the Historic Federal Building.
RESOLUTION NO. 108-15
UPPER BEE BRANCH CREEK — CHANNEL, STREETS, & UTILITIES PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING
THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the Upper Bee Branch Creek — Channel, Streets & Utilities Project in the estimated
amount of $18,518,300, are hereby preliminarily approved and ordered filed in the office
of the City Clerk for public inspection.
Section 2. A public hearing will be held on the 20th day of April, 2015, at 6:30 p.m. in
the Historic Federal Building Council Chambers at which time interested persons may
appear and be heard for or against the proposed plans and specifications, form of con-
tract and estimated cost of said Project, and the City Clerk be and is hereby directed to
cause the attached notice of the time and place of such hearing to be published in a
newspaper having general circulation in the City of Dubuque, Iowa, which notice shall
be published not less than four days nor more than twenty days prior to the date of such
hearing. At the hearing, any interested person may appear and file objections to the
proposed plans, specifications, form of contract, or estimated cost of the Project.
Section 3. The City Clerk is hereby directed to advertise for bids for the construction
of the improvements herein provided, by publishing the attached Notice to Bidders to be
published in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty-five days before the
date for filing bids before 2:00 p.m. on the 7th day of May, 2015. Bids shall be opened
and read by the City Clerk at said time and will be submitted to the City Council for final
action at 6:30 p.m. on the 18th day of May, 2015, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. Upper Bee Branch Creek Structures Project: City Manager recommending author-
izing the public bidding process and establish a public hearing for April 20, 2015 for the
Upper Bee Branch Creek — Structures Project. Upon motion the documents were re-
ceived and filed and Resolution No. 109-15 Preliminary Approval of Plans, Specifica-
tions, Form of Contract, and Estimated Cost; Setting Date of Public Hearing on Plans,
Specifications, Form of Contract, and Estimated Cost; and Ordering the Advertisement
for Bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on April 20, 2014 in the Historic Federal Building.
RESOLUTION NO. 109-15
UPPER BEE BRANCH CREEK — STRUCTURES PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING
THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the Upper Bee Branch Creek — Structures Project in the estimated amount of
$5,482,900, are hereby preliminarily approved and ordered filed in the office of the City
Clerk for public inspection.
Section 2. A public hearing will be held on the 20th day of April, 2015, at 6:30 p.m. in
the Historic Federal Building Council Chambers at which time interested persons may
appear and be heard for or against the proposed plans and specifications, form of con-
tract and estimated cost of said Project, and the City Clerk be and is hereby directed to
cause the attached notice of the time and place of such hearing to be published in a
newspaper having general circulation in the City of Dubuque, Iowa, which notice shall
be published not less than four days nor more than twenty days prior to the date of such
hearing. At the hearing, any interested person may appear and file objections to the
proposed plans, specifications, form of contract, or estimated cost of the Project.
Section 3. The City Clerk is hereby directed to advertise for bids for the construction
of the improvements herein provided, by publishing the attached Notice to Bidders to be
published in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty-five days before the
date for filing bids before 2:00 p.m. on the 30th day of April, 2015. Bids shall be opened
and read by the City Clerk at said time and will be submitted to the City Council for final
action at 6:30 p.m. on the 18th day of May, 2015, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
3. North Cascade Road Housing - Urban Renewal Plan Amendment: City Manager
recommending City Council adopt the Resolution of Necessity to begin the process of
creating the Urban Renewal Plan for the North Cascade Road Housing Urban Renewal
Area and set a public hearing for May 4, 2015 on adoption of the Amended Plan for the
North Cascade Road Housing Urban Renewal Area. Upon motion the documents were
received and filed and Resolution No. 110-15 Of Necessity Finding That Certain Proper-
ty Along North Cascade Road is an Economic Development Area and that the Devel-
opment of Said Area is Necessary in the Interest of the Residents of the City of Dubu-
que, Iowa, and Setting a Date for Hearing on a Proposed Amendment to Urban Renew-
al Plan for Said District was adopted setting a public hearing for a meeting to com-
mence at 6:30 p.m. on May 4, 2015 in the Historic Federal Building.
RESOLUTION NO. 110-15
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, AND SETTING A DATE FOR
HEARING ON A PROPOSED AMENDMENT TO URBAN RENEWAL PLAN FOR
SAID DISTRICT
Whereas, the City Council has heretofore approved the Urban Renewal Plan for the
North Cascade Road Housing Urban Renewal Area in order to enhance the City's ongo-
ing economic development efforts; and
Whereas, the City Council has determined that the North Cascade Road Housing Ur-
ban Renewal Area meets the definition of an economic development area as defined in
Iowa Code Chapter 403; and
Whereas, a significant need for housing units exists in the community and local re-
sources are needed to advance the development; and
Whereas, City desires to allow for a potential increase in the amount of tax increment
financing to benefit Low and Moderate Income (LMI) individuals in the community; and
Whereas, Iowa Code Chapter 403 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 designating
such area is necessary in the interest of the public health, safety or welfare of the resi-
dents of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager has prepared an Amended Urban Renewal Plan for
the North Cascade Road Housing Urban Renewal Area, attached hereto, and is di-
rected to begin the consultation process required by law with affected taxing entities.
Section 2. That the City Clerk is directed to publish notice of a public hearing on the
adoption of the Amended Plan for the North Cascade Road Housing Urban Renewal
Area to be held on the 4th day of May, 2015, at 6:30 p.m. in the Historic Federal Building
in Dubuque, Iowa, 350 W. 6th Street, Dubuque, Iowa and that said notice shall generally
identify the area covered by the Amended Plan and the general scope of the activities
planned for such area.
Section 3. That the City Clerk is further directed to send by ordinary mail a copy of
said Amended 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 affected taxing entities.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their appointment to the
following Boards/Commissions:
1. Electrical Code Board: One, 3 Year term through May 21, 2017 (Vacant term of
Pfohl), Applicant: Zach Dowell, 2055 Winne Ct. (Qualifies as Journeyman/Maintenance)
Appointments to the following Boards or Commissions:
1. Environmental Stewardship Advisory Commission: One, 3 Year term through Oc-
tober 1, 2017 (Vacant term of Splittstoeser) Applicant: Jalee Lynn Frommelt, 2540 An-
amosa Dr. Motion by Braig to appoint Jalee Lynn Frommelt, to a 3 -year term through
October 1, 2017. Seconded by Connors. Motion carried 7-0.
2. Housing Code Appeals Board: One, 3 Year term through January 11, 2016 (Va-
cant term of Kinsella) Applicant: Ronald White, 3197 Highland Park Dr. Motion by Jones
to appoint Ronald White to a 3 -year term through January 11, 2016. Seconded by
Lynch. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the City
Council and the following items.
1. SRF Green Alley Project - Bid Set 7 Year 1: Proof of publication on notice of public
hearing to consider approval of plans, specifications, form of contract, and estimated
cost of the SRF Green Alley Project Bid Set 7 - Year 1 and the City Manager recom-
mending approval. Motion by Connors to receive and file the documents and adopt
Resolution No. 111-15 Approval of Plans, Specifications, Form of Contract, and Esti-
mated Cost for the SRF Green Alley Bid Set 7 — Year 1 Project; Resolution No. 112-15
With Respect to the Adoption of the Resolution of Necessity Proposed for the SRF
Green Alley Bid Set 7 — Year 1 Project; and Resolution No. 113-15 Approving Schedule
of Assessments and Estimate of Total Cost for the SRF Green Alley Bid Set 7 — Year 1
Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 111-15
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE SRF GREEN ALLEY BID SET 7 — YEAR 1 PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
SRF Green Alley Bid Set 7 — Year 1 Project, in the estimated amount $271,763.75, are
hereby approved.
Passed, adopted and approved this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 112-15
RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NE-
CESSITY PROPOSED FOR THE SRF GREEN ALLEY BID SET 7 — YEAR 1 PRO-
JECT
Whereas, the City Council has proposed a Resolution of Necessity for the SRF
Green Alley Bid Set 7 — Year 1 Project and has given notice of the public hearing there-
on as required by law; and
Whereas, the public hearing has been held, all persons offering objections have been
heard and consideration given to all objections and is pending before this Council; and
Whereas, this is the time and place set as provided for the taking of action on the
proposed Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity described above is hereby:
Adopted, without amendment, and all objections filed or made having been duly con-
sidered are overruled.
Passed, adopted and approved this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 113-15
APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST
FOR THE SRF GREEN ALLEY BID SET 7 — YEAR 1 PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plat, schedule of assessments, and estimate of total cost for the
SRF Green Alley Bid Set 7 — Year 1 Project are hereby approved.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. 253 Main St. - Development Agreement: Proof of publication on notice of public
hearing for the approval of the Development Agreement with Ken Oberbroeckling to re-
develop property at 253 Main Street into four market rate apartments and the City Man-
ager recommending approval. Motion by Lynch to receive and file the documents and
adopt Resolution No. 114-15 Approving a Development Agreement Between the City of
Dubuque, Iowa and Ken Oberbroeckling and the Issuance of Urban Renewal Tax In-
crement Revenue Obligations. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 114-15
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND KEN OBERBROECKLING AND THE ISSUANCE OF URBAN RENEWAL
TAX INCREMENT REVENUE OBLIGATIONS
Whereas, the City Council, by Resolution No. 89 -15, dated March 16, 2015 declared
its intent to enter into a Development Agreement with Ken Oberbroeckling; and
Whereas, pursuant to published notice, a public hearing was held on April 6, 2015 at
6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa for entering
into the Development Agreement for the purpose of carrying out the rehabilitation of
property located at 253 Main Street; and
Whereas, it is the determination of the City Council to enter into the Development
Agreement and to approve the issuance of Urban Renewal Tax Increment Revenue ob-
ligations, as provided by Chapter 403 of the Code of Iowa, relating thereto for the pur-
pose of carrying out an Urban Renewal Plan as hereinafter described, is in the public
interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development Agreement by and between the City of
Dubuque and Ken Oberbroeckling is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Devel-
opment Agreement on behalf of the City and City Clerk is authorized and directed to at-
test to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Development Agreement as herein approved.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
3. 1576 Locust St. - Development Agreement: Proof of Publication on notice of public
hearing to approve the Development Agreement with Chris and Gary Stelpflug for rede-
velopment of property located at 1576 Locust Street into three apartments and the City
Manager recommending approval. Motion by Lynch to receive and file the documents
and adopt Resolution No. 115-15 Approving a Development Agreement Between the
City of Dubuque, Iowa and Weaver Castle, LLC. Seconded by Resnick. Motion carried
7-0.
RESOLUTION NO. 115-15
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND WEAVER CASTLE, LLC
Whereas, the City Council, by Resolution No. 90 -15, dated March 16, 2015 declared
its intent to enter into a Development Agreement with Weaver Castle, LLC; and
Whereas, pursuant to published notice, a public hearing was held on April 6, 2015 at
6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa for entering
into the Development Agreement for the purpose of carrying out the rehabilitation of
property located at 1576 Locust Street; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement according to the terms and conditions set out in the Development Agree-
ment is in the public interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development Agreement by and between the City of
Dubuque and Weaver Castle, LLC is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Devel-
opment Agreement on behalf of the City and City Clerk is authorized and directed to at-
test to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Development Agreement as herein approved.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
4. Fiscal Year 2015 Second Budget Amendment: City Manager recommending ap-
proval of the second Fiscal Year 2015 Budget Amendment. Motion by Jones to receive
and file the documents and adopt Resolution No. 116-15 Amending the Current Budget
for the Fiscal Year Ending June 3 2015 (as amended last on 09/15/2014). Jacob Long,
4604 Cardinal Dr., addressed the council stating his concerns regarding the cities credit
rating, increased fees and upcoming debt. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 116-15
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR
ENDING JUNE 3, 2015 (AS AMENDED LAST ON 09/15/2014.) Be it Resolved by the
Council of the City of Dubuque
Section 1. Following notice published 03/20/15 and the public hearing held,
04/06/2015 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 con-
sidered at that hearing:
Total Budget
as certified
or last amended
Current
Amendment
Total Budget
after Current
Amendment
Revenues & Other Financing Sources
24,011,071
0
24,011,071
Taxes Levied on Properly 1
Less: Uncollected Property Taxes -Levy Year 2
0
0
0
Net Current Property Taxes 3
24,011,071
0
24,011,071
Delinquent Property Taxes 4
0
0
0
TIF Revenues 5
10,622,261
0
10,622,261
Other City Taxes 6
14,959,338
132,710
15,092,0481
Licenses&Permits 7
1,344,102
-56,605
1,287,4971
Use of Money and Properly 8
13,038,511
-1,182,302
11,856,209
Intergovernmental 9
67,339,296
-782,175
66,557,1211
Charges for Services 10
37,705,466
0
37,705,466
Special Assessments 11
806,748
0
806,748
Miscellaneous 12
10,153,090
208,496
10,361,586
Other Financing Sources 13
122,826,988
-24,856,824
97,970,164
Total Revenues and Other Sources 14
302,806,871
-26,536,700
276,270,171
Expenditures & Other Financing Uses
28,414,303
-406,675
28,007,628
Public Safety 15
Public works 16
12,646,253
-183,714
12,462,539
Health and Social Services 17
1,153,693
-4,331
1,149,362
Culture and Recreation 18
11,883,539
-429,966
11,453,573
Community and Economic Development 19
13,605,928
-557,799
13,048,129
General Government 20
7,958,727
-134,129
7,824,598
Debt Service 21
9,117,241
296,175
9,413,416
Capital Projects 22
81,558,738
-21,655,491
59,903,247
Total Government Activities Expenditures 23
166,338,422
-23,075,930
143,262,492
Business Type / Enterprises 24
139,129,578
-20,628,475
118,501,103
Total Gov Activities &Business Expenditures 25
305,468,000
-43,704,405
261,763,595
Transfers Out 26
43,672,457
-9,457,036
34,215,421
Total Expenditures/Transfers Out 27
349,140,457
-53,161,441
295,979,016
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out Fiscal Year 28
-46,333,586
26,624,741
-19,708,845
Beginning Fund Balance July 1 29
107,292,283
0
107,292,283
Ending Fund Balance June 30 30
60,958,697
26,624,741
87,583,438
Passed this 6th day of April, 2015
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
5. Vacate Access, Utility and Storm Water Drainage Easement Lot C Reche's Subdi-
vision - University of Dubuque Physician's Assistant Building Addition: Proof of publica-
tion on notice of public hearing to vacate the easement of Lot C Reche's Subdivision,
and transfer of ownership and maintenance responsibilities for the public sanitary sewer
at no cost to the University of Dubuque in exchange for the transfer of ownership and
maintenance of the sanitary sewer main to the University of Dubuque. Motion by Con-
nors to receive and file the documents and adopt Resolution No. 117-15 Disposing of
City Interest in an Access, Utility, and Storm Water Drainage Easement Over and
Across Lot C of Reche's Subdivision in the City of Dubuque, Dubuque County, Iowa.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 117-15
DISPOSING OF CITY INTEREST IN AN ACCESS, UTILITY, AND STORM WATER
DRAINAGE EASEMENT OVER AND ACROSS LOT C OF RECHE'S SUBDIVISION
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 20th day of March, 2015, the City Council of the City of
Dubuque, Iowa met on the 6th day of April, 2015, at 6:30 p.m. in the Historic Federal
Building, 350 West 6th Street, Dubuque, Iowa, to consider the disposal of City interest in
an access, utility, and storm water drainage easement over and across real estate as
shown on the attached exhibit labelled "Easement Vacation Exhibit" and described as:
Lot C of Reche's Subdivision in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposal to dispose of City interest in said easement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the release of City of Dubuque interest in the access, utility, and
storm water drainage easement across said Lot C of Reche's Subdivision in the City of
Dubuque, Iowa, to the University of Dubuque.
Section 2. That the Mayor be authorized and directed to execute a Release of Ease-
ment, and the City Clerk be and is hereby authorized and directed to deliver said Re-
lease to the University of Dubuque.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution and Release of Easement in the offices of the City As-
sessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish Gleason, Assistant City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Eagle Point Energy Power Purchase Agreement Reinstatement: City Manager
recommending approval of reinstating the August 1, 2011 Agreement with Eagle Point
Energy- 1, LLC effective May 1, 2015. Motion by Lynch to receive and file the docu-
ments and adopt Resolution No. 118-15 Reinstating the August 1, 2011 Agreement for
Solar License and Power Purchase between the City of Dubuque, Iowa and Eagle Point
Energy- 1, LLC. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 118-15
REINSTATING THE AUGUST 1, 2011 AGREEMENT FOR SOLAR LICENSE AND
POWER PURCHASE BETWEEN THE CITY OF DUBUQUE, IOWA AND EAGLE
POINT ENERGY- 1, LLC
Whereas, on August 1, 2011, the City of Dubuque, Iowa (City) and Eagle Point Ener-
gy - 1, LLC (Eagle Point) entered into an Agreement for Solar License and Power Pur-
chase (the August 1 Agreement); and
Whereas, a controversy arose as to whether the August 1 Agreement was consistent
with Iowa law; and
Whereas, City and Eagle Point then entered into the October 3, 2011 License
Agreement Regarding Solar Photovoltaic Equipment (the October 3 Agreement); and
Whereas, the October 3 Agreement provided in Section 44 that upon the mutual writ-
ten consent of the parties, at any time during the Term of the October 3 Agreement, that
Eagle Point is not a "public utility" under Iowa law and that Eagle Point would not be in
violation of any law or regulation if Eagle Point engaged in selling the power generated
by Eagle Point to City on the basis of the amount of power actually generated by Eagle
Point, then City could in its sole discretion and upon not less than 30 days written notice
to Eagle Point elect that the October 3 Agreement would be deemed null and void and
the August 1 Agreement would be reinstated as the binding agreement between the
parties; and
Whereas, City and Eagle Point now agree that Eagle Point is not a public utility and
would not be in violation of any law or regulation in selling the power generated by it to
City; and
Whereas, the City Council finds that it is in the best interest of the City of Dubuque to
reinstate the August 1 Agreement; and
Whereas, City by this resolution hereby provides notice to Eagle Point that the Octo-
ber 3 Agreement should be deemed null and void and the August 1 Agreement should
be reinstated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The October 3, 2011 License Agreement Regarding Solar Photovoltaic
Equipment is hereby declared null and void.
Section 2. The August 1, 2011 Agreement for Solar License and Power Purchase is
hereby reinstated effective May 1, 2015.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. Property Acquisition - Doris A. Graf Farm: City Manager recommending approval
of an Offer to Buy Real Estate and Acceptance to purchase the 166.3 acre Graf Farm.
Motion by Lynch to receive and file the documents and adopt Resolution No. 119-15
Approving the Acquisition of Real Estate owned by Doris A. Graf in Dubuque County,
Iowa. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 119-15
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY DORIS A. GRAF IN
DUBUQUE COUNTY, IOWA
Whereas, Doris A. Graf is the owner of the following real property (the Property): Lot
one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded
plat thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One- quarter, Section
25, Township 89 North , Range 1 East of the 5th Principal Meridian, in Center Town-
ship, Dubuque County , Iowa; and
Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Io-
wa, according to the plat thereof; and
The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th
P.M., in Center Township, Dubuque County, Iowa; and
Whereas, the City Manager has tentatively agreed to purchase the Property from Do-
ris A. Graf, subject to the approval of an Offer to Buy Real Estate and Acceptance be-
tween City and Doris A. Graf by the City Council; and
Whereas, the City Council has determined that it would be in the best interests of the
City to approve the purchase of the Property from Doris A. Graf.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the Offer to Buy and Acceptance at-
tached hereto.
Section 2. The City Manager and City Attorney are authorized to take such further ac-
tion as is required to complete the purchase of the Property.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
3. Premier Bank Intercreditor Agreement: City Manager recommending approval of
an Intercreditor Agreement with Premier Bank for the German Bank Building, 342 Main
Street. Motion by Connors to receive and file the documents and adopt Resolution No.
120-15 Approving an Intercreditor Agreement Between the City of Dubuque, Iowa and
Premier Bank. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 120-15
APPROVING AN INTERCREDITOR AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND PREMIER BANK
Whereas, Premier Bank (Bank) entered into a Promissory Note and related loan doc-
uments with James Madison, LLC, Mathew J. Kluesner and Sarah E. Kluesner (Bor-
rower), pursuant to which Bank agreed to make a loan to Borrower with respect to the
German Bank Building, which bank loan is secured by a mortgage in favor of Bank; and
Whereas, City made a loan to German Bank Building LLLP which loan has been as-
sumed by Borrower and is also secured by a mortgage on the German Bank Building;
and
Whereas, Borrower is in default on the Bank mortgage and the City mortgage; and
Whereas, City and Bank wish to set forth their agreement in the attached Intercreditor
Agreement for the purpose of establishing an expeditious procedure for collecting the
balances due on their respective loans; and
Whereas, the City Council of the City of Dubuque, Iowa finds that it is in the best in-
terests of the City to approve the Intercreditor Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The Intercreditor Agreement attached hereto is hereby approved.
Section 2. The City Manager is hereby authorized and directed to sign the Intercredi-
tor Agreement on behalf of the City of Dubuque and to take such further action as may
be necessary to carry out the terms of the Intercreditor Agreement.
Passed, approved and adopted this 6th day of April, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
4. Funding to Increase Library Hours: City Manager recommending approval of an al-
location in the Fiscal year 2016 budget, subject to a future budget amendment. Motion
by Connors to receive and file the documents and approve the recommendation. Se-
conded by Jones. Motion carried 7-0.
5. Examining Board Member Appointment: Correspondence from Rick Engelken, City
Assessor requesting appointment of a City Council member to the Examining Board
pursuant to Iowa Code 441.3 and documentation of such appointment. Motion by Con-
nors to receive and file the documents and appoint Council member Lynch to the Exam-
ining Board. Seconded by Lynch. Motion carried 7-0.
6. Request for Work Session - Parks to People: City Manager recommending City
Council schedule a work session on May 18, 2015 at 5:15 pm for Parks to People. Mo-
tion by Jones to set the work session as recommended. Seconded by Braig. Motion car-
ried 7-0.
COUNCIL MEMBER REPORTS
Council member Braig acknowledged and thanked Boy Scout Troop 69 for attending
the City Council meeting.
Council member Lynch requested staff devote time to investigating and improving op-
tions to prevent possible child abductions.
Council member Jones congratulated Ben Jacobson from the Telegraph Harold on
his recent promotion
PUBLIC INPUT
Allen Troupe 2003 Key Way Apt. 2, thanked the council for their decision to rezone
the property at 2750 Balboa Drive for Mary's Inn.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:45 p.m. to discuss property acqui-
sition pursuant to Chapter 21.5(1)(j) of the Code of Iowa. Seconded by Resnick. Motion
carried 7-0.
Upon motion the City Council reconvened in open session at 8:12 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:13 p.m.
/s/Trish L. Gleason, Assistant City Clerk