8 17 15 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on August 17, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig Connors, Jones, Lynch, Resnick, Sutton;
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)
Welcome Back Students Weeks (August 17-28, 2015) was accepted by Jan Powers of
Greater Dubuque Development Corp., 900 Jackson St.
Drive the Great River Road Month (September 2015) was accepted by John Goodmann,
Chairperson of the Mississippi River Parkway Commission, 1306 Tomahawk Dr.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Connors. Motion carried 7-0.
1. Minutes and Reports Submitted: Cable TV Commission of 6/3; City Council Proceedings
of 8/3; Civic Center Commission of 7/27; Library Board of Trustees of 7/23; Historic Preserva-
tion Commission of 7-16; Zoning Advisory Commission of 8/5; Zoning Board of Adjustments
of 7/23; Proof of Publication for City Council Proceedings of 7/20; Upon motion the docu-
ments were received and filed.
2. Notice of Claims and Suits: Claim by Applewood III (Horizon) for property damage;
Claim by Brandy Breitsprecker for property damage; Claim by Trisha Federspiel for vehicle
damage; Claim by Sheryl Helling for vehicle damage; Claim by Sisters of the Visitation for
vehicle damage. Upon motion the documents were received, filed and referred to the City At-
torney.
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 Assurance
Pool: Applewood III for property damage; Brandy Breitsprecker for property damage; Trisha
Federspiel for vehicle damage; Sheryl Helling for vehicle damage. Upon motion the docu-
ments were received, filed and concurred.
4. Iowa Finance Authority (IFA) Grant - Matching Funds Request: City Manager recom-
mending approval to commit funds from the North Cascade TIF FY 2016 receipts as a match
to the Iowa Finance Authority (IFA) grant from the State Housing Trust Funds. Upon motion
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the documents were received and filed and Resolution No. 272-15 Approving Commitment of
Matching Funds for an Application to the Iowa Finance Authority (IFA) for State Housing
Trust Funds was adopted.
RESOLUTION NO. 272-15
APPROVING COMMITMENT OF MATCHING FUNDS FOR AN APPLICATION TO THE
IOWA FINANCE AUTHORITY (IFA) FOR STATE HOUSING TRUST FUNDS
Whereas, the Iowa Finance Authority has recognized Dubuque's Housing Trust Fund
Committee as a certified Local Housing Trust Fund; and
Whereas, IFA has made funding available in statewide competition to local trust funds for
State Housing Trust Fund grants, in amounts based on population size; and
Whereas, a 25% local match is required for receipt of a funding award; and
Whereas, the Housing Trust Fund Committee has authorized an application to IFA for a
Housing Trust Fund award, in the amount of $147,046; and
Whereas, North Cascade TIF FY 2016 receipts committed to the Washington Neighbor-
hood revitalization initiative are available in the current year Housing Department's budget in
sufficient amount to meet the matching funds requirement; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves commitment of $36,762 in current
year North Cascade TIF FY 2016 receipts as a match to the application for IFA State Housing
Trust Funds.
Section 2. That the Housing Trust Fund Committee, in accordance with Sec. 2-5D-7 of the
Code of Ordinances, shall have final authority to direct how such funds shall be used in sup-
port of revitalization activities in the Washington Neighborhoods.
Passed, approved and adopted this 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Bard Materials - Grant of Temporary Construction Access Easement: City Manager rec-
ommending acceptance of a temporary construction access easement from Bard Materials to
construct a sanitary sewer interceptor as part of the Bee Branch Creek Project Contract #7
Railroad Sewer Crossing Project in Lot 1-2 and Lot 2A Kerper Industrial Park. Upon motion
the documents were received and filed and Resolution No. 273-15 Accepting a Temporary
Construction Access Easement for Sanitary Sewer Interceptor Through, Over and Across
Part of Lot 1-2 and Lot 2A Kerper Industrial Park, in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 273-15
ACCEPTING A TEMPORARY CONSTRUCTION ACCESS EASEMENT FOR SANITARY
SEWER INTERCEPTOR THROUGH, OVER AND ACROSS PART OF LOT 1-2 AND LOT
2A KERPER INDUSTRIAL PARK, IN THE CITY OF DUBUQUE, IOWA
Whereas, Bard Materials have executed a Temporary Construction Access Easement for
Sanitary Sewer Interceptor through, over and across Lot 1-2 and Lot 2A Kerper Industrial
Park 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, accepts and
consents to the Temporary Construction Access Easement for Sanitary Sewer Interceptor
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through, over and across Lot 1-2 and Lot 2A Kerper Industrial Park, in the City of Dubuque,
Dubuque County, Iowa from Bard Materials, 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.
Section 3. The City Clerk is hereby authorized to and directed to record this resolution and
easement with the Dubuque County Recorder.
Passed, approved and adopted this 17th day of August, 2015
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. City Assessor's Office Notification of Tax Appeals: Correspondence from City Assessor
Rick Engelken that provides additional information to the notification of property tax appeals
that appeared on the August 3, 2015 Agenda. Upon motion the documents were received
and filed.
7. ITC Midwest Easement Agreement - 2849 White Street: City Manager recommending
approval of an easement agreement with ITC Midwest for electric transmission line mainte-
nance work at 2849 White Street. Upon motion the documents were received, filed and ap-
proved.
8. Trailhead Energy Contract: City Manager recommending approval of the execution of a
contract with Trailhead Energy to complete work related to Dubuque's competition as one of
52 semi-finalists for the Georgetown University Energy Prize. Upon motion the documents
were received, filed and approved.
9. U.S. Department of Housing and Urban Development Contract - Continuum of Care
Special Needs Assistance Program: City Manager recommending approval of the execution
of the contract with the U.S. Department of Housing and Urban Development for administra-
tion of the Continuum of Care Special Needs Assistance Program (formerly Shelter Plus
Care). Upon motion the documents were received, filed and approved.
10. Reimbursement Resolution - Creek Wood Park: City Manager recommending approval
of a reimbursement resolution to serve as "official intent" to reimburse the project expendi-
tures for the Creek Wood Park Development Project, as required under the Federal Tax -
Exempt Bond Regulation. Upon motion the documents were received and filed and Resolu-
tion No. 274-15 Declaring an Official Intent under Treasury Regulation 1.150-2 to issue debt
to reimburse the City for certain original expenditures paid in connection with the Creek Wood
Park Project was adopted.
RESOLUTION NO. 274-15
RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION
1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPEND-
ITURES PAID IN CONNECTION WITH THE CREEK WOOD PARK PROJECT
Whereas, the City anticipates making cash expenditures for a capital improvement project
generally described as the Creek Wood Park Development Project (hereinafter referred to as
the "Project"); and
Whereas, the City reasonably expects to issue debt to reimburse the costs of the Project;
and
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Whereas, the Council believes it is consistent with the City's budgetary and financial cir-
cumstances to issue this declaration of official intent.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubuque,
IOWA:
Section 1. That this Resolution be and does hereby serve as a declaration of official intent
under Treasury Regulation 1.150-2.
Section 2. That it is reasonably expected that capital expenditures will be made in respect
of the Project, from time to time and in such amounts as this Council determines to be neces-
sary or desirable under the circumstances then and there existing, and this Council reasona-
bly expects to reimburse all or a portion of such expenditures with the proceeds of bonds,
notes or other indebtedness to be issued or incurred by the City in the future.
Section 3. That the total estimated costs of the Project, the maximum principal amount of
the bonds, notes or other indebtedness to be issued for the foregoing Project and the esti-
mated date of completion of the Project is reasonably expected to be as follows:
Project: Creek Wood
Funds from which Original expenditures are to be Advanced: Park Development Gen-
eral Fund
Total Estimated Cost: $150,000
Amount of Borrowing Anticipated: $150,000
Estimated Date of Completion: August 2016
Section 4. That the City reasonably expects to reimburse the
costs not later than the later of eighteen months after the capital
eighteen months after the property is placed in service.
Section 5. That this Resolution be maintained by the City Clerk
for public inspection, subject to such revisions as may be necessary
Passed and approved this 17th day of August, 2015.
Attest: Kevin S. Firnstahl, City Clerk
above-mentioned Project
expenditures are paid or
and available at all times
Roy D. Buol, Mayor
11. Final Plat - Schlosser Place: Zoning Advisory Commission recommending approval of
the request subject to waiving the lot frontage requirement for Lot 3 and Lot Area for Lots 1
and 3. Upon motion the documents were received and filed and Resolution No. 275-15 Ap-
proving the Final Plat of Schlosser Place in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 275-15
RESOLUTION APPROVING THE FINAL PLAT OF SCHLOSSER PLACE IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Schlosser Place in the city
of Dubuque, Iowa ; and
Whereas, said Final Plat provides 0 feet of frontage for Lot 3 on a public or approved pri-
vate street, where 50 feet of street frontage is required, and provides 3,985 square feet and
3,023 square feet of lot area for Lots 1 & 2 respectively, where 5,000 square feet is required
by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Develop-
ment Code; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had
its approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it con-
forms to the statutes and ordinances relating thereto.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Uni-
fied Development Code, is waived to allow 0 feet of frontage on a public street or an ap-
proved private street for Lot 3 and 3,985 square feet and 3,023 square feet of lot area for
Lots 1 & 2 respectively.
Section 2. That the Final Plat 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.
Passed, approved and adopted this 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Pre -Annexation Agreement - Thomas & Judith Priebe: City Manager recommending
approval of a Pre -Annexation Agreement with Thomas J. and Judith J. Priebe, for property
located at 14928 Old Highway Road. Upon motion the documents were received and filed
and Resolution No. 276-15 Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa, and Thomas J. And Judith J. Priebe was adopted.
RESOLUTION NO. 276-15
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND THOMAS J. AND JUDITH J. PRIEBE
Whereas, Thomas J. and Judith J. Priebe, the owner of the following described property in
Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubu-
que an application for voluntary annexation of the Property to the City of Dubuque:
Lot 4 Diamond Heights in Dubuque County, Iowa; and
Whereas, Thomas J. and Judith J. Priebe have entered into a Pre -annexation Agreement
with the City of Dubuque a copy of which is attached hereto governing the future annexation
of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future orderly growth and development of the City of
Dubuque, and will promote efficient and cost effective extension of municipal services; and
Whereas, the City Council finds that the annexation of the Property is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Thomas J. and Judith J. Priebe
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Pre -Annexation Agreement - Joseph & Enid Wysocki: City Manager recommending
approval of a Pre -Annexation Agreement with Joseph A. and Enid E. Wysocki, for property
located at 14946 Old Highway Road. Upon motion the documents were received and filed
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and Resolution No. 277-15 Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa, and Joseph A. and Enid E. Wysocki was adopted.
RESOLUTION NO. 277-15
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND JOSEPH A. AND ENID E. WYSOCKI
Whereas, Joseph A. and Enid E. Wysocki, the owner of the following described property in
Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubu-
que an application for voluntary annexation of the Property to the City of Dubuque:
Lot 3 Diamond Heights in Dubuque County, Iowa; and
Whereas, Joseph A. and Enid E. Wysocki have entered into a Pre -annexation Agreement
with the City of Dubuque a copy of which is attached hereto governing the future annexation
of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future orderly growth and development of the City of
Dubuque, and will promote efficient and cost effective extension of municipal services; and
Whereas, the City Council finds that the annexation of the Property is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Joseph A. and Enid E. Wysocki
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Acceptance of Grant of Easement - M -M&M, LLC: City Manager recommending ac-
ceptance of a Grant of Sanitary Sewer Force Main Easement through, over and across prop-
erty owned by Phil Mihilakis of M -M&M LLC at 468 East 12th Street. Upon motion the docu-
ments were received and filed and Resolution No. 278-15 Accepting a Grant of Easement for
Sanitary Sewer Force Main Through, Over And Across Part of Lot 501 and the East 404' of
Outlot 501, in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 278-15
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER FORCE MAIN
THROUGH, OVER AND ACROSS PART OF LOT 501 AND THE EAST 404' OF OUTLOT
501, IN THE CITY OF DUBUQUE, IOWA
Whereas, M -M&M LLC have executed a Permanent Easement for Sanitary Sewer Force
Main through, over and across Part of Lot 501 and the East 404' of Outlot 501 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, accepts and
consents to the Grant of Permanent Easement for Sanitary Sewer Force Main through, over
and across Part of Lot 501 and the East 404' of Outlot 501, in the City of Dubuque, Dubuque
County, Iowa from M -M&M LLC, a copy of which is attached hereto.
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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.
Section 3. The City Clerk is hereby authorized to and directed to record this resolution and
easement with the Dubuque County Recorder.
Passed, approved and adopted this 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Upper Bee Branch Creek Restoration Project - 429 Rhomberg Stabilization Project:
City Manager recommending approval of a resolution to correct the retainage amount for the
acceptance of the construction contract for the 429 Rhomberg Building Stabilization Project.
Upon motion the documents were received and filed and Resolution No. 279-15 Rescinding
Resolution 219-15 and Accepting the 429 Rhomberg Demolition and Building Stabilization
Project and Authorizing the Payment to the Contractor was adopted.
RESOLUTION NO. 279-15
RESCINDING RESOLUTION 219-15 AND ACCEPTING THE 429 RHOMBERG DEMOLI-
TION AND BUILDING STABILIZATION PROJECT AND AUTHORIZING THE PAYMENT
TO THE CONTRACTOR
Whereas, the public improvement contract for the 429 Rhomberg Demolition and Building
Stabilization Project (the Project) has been completed has been completed by the Contractor,
R&W Restoration (Contractor), the City Engineer has examined the work and recommends
that the Project be accepted; and
Whereas, the City Council passed Resolution 219-15, dated July 6, 2015, approving the
acceptance of the public improvement contract for the 429 Rhomberg Demolition and Build-
ing Stabilization Project (the Project); and
Whereas, it has been determined that the retainage amount in Resolution 219-15 was in-
correct and Resolution 219-15 should be rescinded; and
Whereas, the final contract amount for the Project is $177,208.00; and
Whereas, the Contractor has previously been paid $176,388.00, leaving a balance of
$820.00; and
Whereas, the City Council finds that the recommendation of the City Engineer should 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. Resolution 219-15 is hereby rescinded.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of
the retainage of $820.00 as provided in Iowa Code chapter 573, and to pay such retainage in
accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13.
Passed, approved and adopted this 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Iowa Department of Transportation (IDOT) Traffic Safety Improvement Grant - North-
west Arterial and Pennsylvania Avenue Right Turn Lane Improvement: City Manager recom-
mending approval of a resolution authorizing the filing of an application with the Iowa De-
partment of Transportation for Traffic Safety Improvement Program funding for the Northwest
7
Arterial and Pennsylvania Avenue right turn lane improvement. Upon motion the documents
were received and filed and Resolution No. 280-15 Authorizing the Filing of a Grant Applica-
tion With the Iowa Department of Transportation for Traffic Safety Improvements Funding for
the City of Dubuque NW Arterial and Pennsylvania Avenue Right Turn Lane Improvement
was adopted.
RESOLUTION NO. 280-15
AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE IOWA DEPART-
MENT OF TRANSPORTATION FOR TRAFFIC SAFETY IMPROVEMENTS FUNDING FOR
THE CITY OF DUBUQUE NW ARTERIAL AND PENNSYLVANIA AVENUE RIGHT TURN
LANE IMPROVEMENT
Whereas, the increasing growth of traffic volumes, along with operational and safety con-
cerns, at the intersection of NW Arterial and Pennsylvania Avenue in the City of Dubuque
could be improved by adding a westbound right turn lane; and
Whereas, the City of Dubuque has determined that improvements to this intersection, as
recommended by the Iowa Department of Transportation office of Traffic Safety, will improve
traffic flow; and
Whereas, the City of Dubuque is seeking the necessary funding for project implementa-
tion, and upon completion, in cooperation with the Iowa Department of Transportation, be re-
sponsible for adequately maintaining and operating the project for public use during the pro-
ject's useful life.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. The City files this grant application for funds through the Traffic Safety Im-
provement Program to fund NW Arterial and Pennsylvania Avenue right turn lane improve-
ment.
Passed, approved and adopted this 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Childhood Lead Poisoning Prevention Programs Contracts: City Manager recommend-
ing approval of a contract with the Dubuque County Board of Health and the Iowa Depart-
ment of Public Health for continued funding of the Childhood Lead Poisoning Prevention Pro-
gram, a renewed agreement with the Visiting Nurse Association for services related to the
Childhood Lead Poisoning Prevention Program and Health Homes Program, and an agree-
ment with the Iowa Department of Public Health for data sharing. Upon motion the docu-
ments were received, filed and approved.
18. Halle Properties LLC — Grant of Sanitary Sewer, Sidewalk and Storm Sewer Ease-
ment: City Manager recommending acceptance of the Grant of Sanitary Sewer and Sidewalk
Easement and Grant of Storm Sewer Easement from Halle Properties LLC for existing utili-
ties across their property on John F. Kennedy Road (formerly the Long John Silver's restau-
rant site). Upon motion the documents were received and filed and Resolution No. 281-15A
Accepting a Grant of Easement for Storm Sewer Over and Across Lot 2 of Lot 2 of Lot 2 of
the W % of the NW 1/4 of Section 27; and Lot 2 of Lot 1 of Lot 2 of the NE 1/4 of the NE 1/4 of
Section 28, All in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque,
Iowa; and Resolution No. 281-15B Accepting a Grant of Easement for sanitary sewer and
sidewalk over and across Lot 2 of Lot 2 of Lot 2 of the W '% of the NW 1/4 of Section 27; and
8
Lot 2 of Lot 1 of Lot 2 of the NE 1/4 of the NE 1/4 of Section 28, all in Township 89 North,
Range 2 East of the 5th P.M., in the City of Dubuque, Iowa, were adopted.
RESOLUTION NO. 281-15A
ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER OVER AND ACROSS LOT
2 OF LOT 2 OF LOT 2 OF THE W '/2 OF THE NW 1/4 OF SECTION 27; AND LOT 2 OF LOT
1 OF LOT 2 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 28, ALL IN TOWNSHIP 89
NORTH, RANGE 2 EAST OF THE 5TH P.M., IN THE CITY OF DUBUQUE, IOWA
Whereas, Halle Properties LLC and the City of Dubuque wish to set forth terms for the
construction, maintenance, and replacement of site improvements over an existing public util-
ities located in Lot 2 of Lot 2 of Lot 2 of the W % of the NW 1/4 of Section 27; and Lot 2 of Lot
1 of Lot 2 of the NE 1/4 of the NE 1/4 of Section 28, all in Township 89 North, Range 2 East of
the 5th P.M., in the City of Dubuque, Dubuque County, Iowa; and
Whereas, Halle Properties LLC have executed an Easement for Storm Sewer through,
over and across Lot 2 of Lot 2 of Lot 2 of the W % of the NW 1/4 of Section 27; and Lot 2 of
Lot 1 of Lot 2 of the NE 1/4 of the NE 1/4 of Section 28, all in Township 89 North, Range 2 East
of the 5th P.M., 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, accepts and
consents to the Grant of Easement for Storm Sewer through, over and across Lot 2 of Lot 2
of Lot 2 of the W % of the NW 1/4 of Section 27; and Lot 2 of Lot 1 of Lot 2 of the NE 1/4 of the
NE 1/4 of Section 28, all in Township 89 North, Range 2 East of the 5th P.M., in the City of
Dubuque, Dubuque County, Iowa from Halle Properties 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 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 281-15B
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER AND SIDEWALK OVER
AND ACROSS LOT 2 OF LOT 2 OF LOT 2 OF THE W '/2 OF THE NW 1/4 OF SECTION 27;
AND LOT 2 OF LOT 1 OF LOT 2 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 28, ALL IN
TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., IN THE CITY OF DUBUQUE,
IOWA
Whereas, Halle Properties LLC and the City of Dubuque wish to set forth terms for the
construction, maintenance, and replacement of site improvements over an existing public util-
ities located in Lot 2 of Lot 2 of Lot 2 of the W % of the NW 1/4 of Section 27; and Lot 2 of Lot
1 of Lot 2 of the NE 1/4 of the NE 1/4 of Section 28, all in Township 89 North, Range 2 East of
the 5th P.M., in the City of Dubuque, Dubuque County, Iowa; and
Whereas, Halle Properties LLC have executed an Easement for Sanitary Sewer and Side-
walk through, over and across Lot 2 of Lot 2 of Lot 2 of the W % of the NW 1/4 of Section 27;
and Lot 2 of Lot 1 of Lot 2 of the NE 1/4 of the NE 1/4 of Section 28, all in Township 89 North,
Range 2 East of the 5th P.M., in the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and
consents to the Grant of Easement for Sanitary Sewer and Sidewalk through, over and
across Lot 2 of Lot 2 of Lot 2 of the W % of the NW 1/4 of Section 27; and Lot 2 of Lot 1 of Lot
2 of the NE 1/4 of the NE 1/4 of Section 28, all in Township 89 North, Range 2 East of the 5th
P.M., in the City of Dubuque, Dubuque County, Iowa from Halle Properties 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 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Public, Educational, and Government (PEG) Capital Expenditure Request - Dubuque
Community Schools District: City Manager recommending approval of the Cable TV Com-
mission recommendation for funding from the Public, Educational, and Government (PEG)
Capital Grant for Access Equipment and Facilities for Dubuque Community Schools for a va-
riety of production equipment, including a camcorder, tripod, portable lighting system, micro-
phones and a teleprompter system to be used to produce programming for its educational
access channel. Upon motion the documents were received, filed and approved.
20. Grand River Center Digital Display Replacement: City Manager recommending re-
placement of 35 digital displays at the Grand River Center, subject to a future budget
amendment. Upon motion the documents were received, filed and approved.
21. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Family Mart: City
Manager recommending approval of the Acknowledgement/Settlement Agreement for a to-
bacco compliance violation for Family Mart, 3201 Central Avenue. Upon motion the docu-
ments were received, filed and approved.
22. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Ron's Discount
Smokes & Beverage Center #1: City Manager recommending approval of the Acknowledge-
ment/Settlement Agreement for a tobacco compliance violation for Ron's Discount Smokes &
Beverage Center #1, 3300 Asbury Road. Upon motion the documents were received, filed
and approved.
23. Alcohol Compliance Civil Penalty for Alcohol License Holder — Family Mart: City Man-
ager recommending approval of the Acknowledgment/Settlement Agreement of an alcohol
compliance violation for Family Mart, 3201 Central Avenue. Upon motion the documents
were received, filed and approved.
24. Alcohol Compliance Civil Penalty for Alcohol License Holder — Ron's Discount Smokes
& Beverage Center #1: City Manager recommending approval of the Acknowledg-
ment/Settlement Agreement for an alcohol compliance violation for Ron's Discount Smokes &
Beverage Center #1, 3300 Asbury Road. Upon motion the documents were received, filed
and approved.
25. Alcohol License Renewals: City Manager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon motion the documents were received and filed
and Resolution No. 282-15 Approving applications for beer, liquor, and/or wine permits, as
10
required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations,
Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopt-
ed.
RESOLUTION NO. 282-15
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED 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
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 approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and the applicants have filed the proper fees and
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 not-
ed permit types to the following applicants pending submission of the locally required docu-
mentation:
Renewals
Chances R 1046 Central Ave. Class C Liquor (Outdoor) (Sunday)
Courtside Sports Bar & Grill 2095 Holliday Dr. Class C Liquor (Outdoor) (Sunday)
Dubuque Quick Stop Mart 1401 Central Ave. Class B Beer (Sunday)
Murph's Tap 55 Locust St. Class C Liquor (Sunday)
Mystique Community Ice 1800 Admiral Class C Liquor, Class B Native Wine,
Center Sheehey Dr. (Outdoor) (Sunday)
Ron's Discount Smokes & 3300 Asbury Rd. Class C Beer, Class B Native Wine
Beverage Center (Sunday)
Sid's Beverage Store 2727 Dodge St. Class E Liquor, Class B Wine, Class
Super Stop III
Texas Roadhouse
Premise Updates
Stone Cliff Winery 9-12
Special Event(s)
Gin Rickeys 8-29
Four Mounds 9-10
Katherine Dietzel 9-12
1101 Rhomberg Ave.
845 Wacker Dr.
600 Star Brewery Dr.
2700 Northview Dr.
4900 Peru Rd.
600 Star Brewery Dr.
C Beer (Sunday)
Class E Liquor, Class B Wine, Class
C Beer (Sunday)
Class C Liquor (Catering) (Outdoor)
(Sunday)
Temporarily removing amphitheater
area
Class B Beer (Outdoor)
Special Class C Liquor (Outdoor)
(Sunday)
Class C Liquor (Outdoor)
Passed, approved and adopted this 17th day of August, 2015
Attest: Kevin S. Firnstahl, City Clerk
11
Roy D. Buol, Mayor
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Se-
conded by Resnick. Motion carried 7-0.
1. Upper Bee Branch Creek Restoration Project, Upper Bee Branch Creek Mississippi Riv-
er Trail (MRT), Iowa DOT Project No. SB -IA -2100(675)--7T-31: City Manager recommending
approval of the preliminary plans, specifications, form of contract for the Upper Bee Branch
Creek Mississippi River Trail Project and setting September 8, 2015 as the date of public
hearing. Upon motion the documents were received and filed and Resolution No. 283-15 Up-
per Bee Branch Creek Mississippi River Trail (MRT) Iowa DOT Project No. SB -IA -
2100(675) -7T-31 Preliminary approval of plans, specifications, form of contract, and esti-
mated cost; setting date of public hearing on plans, specifications, form of contract, and esti-
mated cost was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
September 8, 2015 in the Historic Federal Building.
RESOLUTION NO. 283-15
UPPER BEE BRANCH CREEK MISSISSIPPI RIVER TRAIL (MRT) IOWA DOT PROJECT
NO. SB -IA -2100(675)-7T-31 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING
ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST
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 Mississippi River Trail (MRT), Iowa DOT Project No. SB -IA -
2100(675) -7T-31, in the estimated amount of $2,125,776.00, are hereby preliminarily ap-
proved and ordered filed in the office of the City Clerk for public inspection.
Section 2. A public hearing will be held on the 8th day of September, 2015, at 6:30 p.m. in
the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubu-
que, Iowa at which time interested persons may appear and be heard for or against the pro-
posed plans and specifications, form of contract and estimated cost of said Project, and the
City Clerk be and is hereby directed to cause the attached notice of the time and place of
such hearing to be published in a newspaper having general circulation in the City of Dubu-
que, 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.
Passed, approved and adopted this 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Review of applications for the following Boards/Commission. Applicants were invited to
address the City Council regarding their appointment.
1. Arts and Cultural Affairs Advisory Commission: One, 3 -year term through June 30, 2018
(Vacant term of Henkels). Applicant: Matthew Gregory, 1560 Iowa St. Unit 3 (Qualifies for
12
Business Professional in the cultural and entertainment district). Mr. Gregory spoke in sup-
port of his appointment.
2. Housing Trust Fund Advisory Committee: One, 3 year term through August 17, 2018
(Vacant term of Holz) Applicant: Jim Holz, 3010 Indiana Court.
3. Human Right Commission: One, 3 -year term through January 1, 2016 (Vacant term of
Lenhart). Applicants: Sarah Fisher, 3045 Kaufmann; R.R.S. Stewart, 460 Summit St. Ms.
Fisher spoke in support of her appointment.
Appointments were made to the following Commissions.
4. Cable Television Commission: One 3 -year term through July 1, 2017 (Vacant term of
Stevens). One 3 -year term through July 1, 2018 (Expired term of Hoverman). Applicants:
Mark Dotson, 54 Alpine St.; Sr. Carol Hoverman, 1555 White St. Apt 1 (additional applicant).
Upon roll -call vote (Braig, Lynch, Jones, Buol), Sr. Hoverman was appointed to the remainder
of a 3 -year term through July 1, 2017. Motion by Braig to appoint Mark Dotson to a 3 -year
term through July 1, 2018. Seconded by Resnick. Motion carried 7-0.
5. Long Range Planning Advisory Commission: One 3 -year term through July 1, 2017 (Va-
cant term of Beytien). Applicant: Mark Dotson, 54 Alpine St. Motion by Braig to appoint Mark
Dotson to the remainder of a 3 -year term through July 1, 2017. Seconded by Connors. Motion
carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
1. Burlington Trailways Lease Agreement: Proof of publication on notice of public hearing
to approve a lease agreement with Burlington Trailways at the Intermodal Transit Facility and
the City Manager recommending approval. Motion by Lynch to receive and file the docu-
ments and adopt Resolution No. 284-15 Disposing of an interest in real property by easement
to Burlington Stage Lines, LTD. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 284-15
DISPOSING OF AN INTEREST IN REAL PROPERTY BY EASEMENT TO BURLINGTON
STAGE LINES, LTD
Whereas, the City of Dubuque, Iowa (City) is the owner of real property shown on Exhibit A
attached hereto (the Property); and
Whereas, City and Burlington Stage Lines LTD (Burlington) have entered into an Agree-
ment pursuant to which City will lease the Property to Burlington; and
Whereas, on August 17, 2015, the City Council pursuant to notice published as required by
law held a public hearing on its intent to dispose of the foregoing interest in the Property and
overruled all objections thereto; and
Whereas, the City Council finds that it is in the best interest of the City to approve the dis-
position of such interest in the Property.
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 approves the disposition of the City's
interest in the foregoing -described Property by Lease Agreement to Burlington.
13
Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the
Lease Agreement.
Passed, approved and adopted this 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Rezoning Request - 900 Seippel Road: Proof of publication on notice of public hearing
to consider a request by JLD Investments, LLC to modify the zoning condition applied to the
property located at 900 Seippel Road regarding fencing and the City Manager recommending
approval. Motion by Jones to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Resnick. Planning Ser-
vices Manager Laura Carstens provided a staff report. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 52-15 Amending Ti-
tle 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Reclassify-
ing Hereinafter Described Property Located at 900 Seippel Road from CSc Commercial Ser-
vice and Wholesale District with Conditions to CSc Commercial Service and Wholesale Dis-
trict with Conditions as Established in the Attached Memorandum of Agreement. Seconded
by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 52-15
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED AT 900 SEIPPEL ROAD FROM CSc COMMERCIAL SERVICE AND WHOLE-
SALE DISTRICT WITH CONDITIONS TO CSc COMMERCIAL SERVICE AND WHOLE-
SALE DISTRICT WITH CONDITIONS AS ESTABLISHED IN THE ATTACHED MEMO-
RANDUM OF AGREEMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, is hereby amended by reclassifying the hereinafter described property from CSc
Commercial Service and Wholesale District with conditions to CSc Commercial Service and
Wholesale District with conditions, to wit:
Lot 1 Seippel Road Commercial Park #4, and to the centerline of the adjoining public
right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Adviso-
ry Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
Passed, approved and adopted this 17th day of August, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of August, 2015.
/s/Kevin S. Firnstahl, City Clerk
14
ACCEPTANCE OF ORDINANCE NO. 52-15
1, Joe Delaney, representing JLD Investments, LLC, property owner, having read the terms
and conditions of the foregoing Ordinance No. 52-15 and being familiar with the conditions
thereof, hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this 13th day of July, 2015.
/s/Joe Delaney
3. Sale of Property - Weaver Castle, LLC / 396 W. Locust Street: Proof of publication on
the sale of 396 W. Locust Street to Weaver Castle, LLC and the City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No.
285-15 Attaching Single Family Residence Restrictive Covenant, Whether Owner Occupied
or Single Family Rental, to 396 W. Locust Street, Dubuque, IA; and Resolution No. 286-15
Disposing of City Interest in Real Property Located at 396 W. Locust Street, in the City of
Dubuque, Iowa. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 285-15
ATTACHING SINGLE FAMILY RESIDENCE RESTRICTIVE COVENANT, WHETHER
OWNER OCCUPIED OR SINGLE FAMILY RENTAL, TO 396 W. LOCUST STREET,
DUBUQUE, IA
Whereas, The City desires to attach restrictive covenants to 396 W. Locust Street prior to
disposal of said property; and
Whereas, said property will be disposed of by the City and the City desires said property to
remain a single family residence either owner -occupied or rental for 21 -years.
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 approves the restrictive covenants for
396 W. Locust Street, legally described as:
Lot 1 of the Subdivision of Lot 15 in D.N. Cooley's Subdivision of part of Out Lots 667,
668 and 669 to Dubuque, in the City of Dubuque, Iowa, according to the recorded Plat
thereof.
Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the
Restrictive Covenant for the above described real estate.
Section 3. The City is Clerk is hereby authorized and directed to provide a certified copy of
this Resolution to the City Attorney's Office for recording in the Office of the Dubuque County
Recorder.
Passed, approved and adopted this 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 286-15
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 396 W. LOCUST
STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No.265-15, dated August 3, 2015, declared its
intent to dispose of City interest in real property located at 396 W. Locust Street, legally de-
scribed as:
Lot 1 of the Subdivision of Lot 15 in D.N. Cooley's Subdivision of part of Out Lots 667,
668 and 669 to Dubuque, in the City of Dubuque, Iowa, according to the recorded Plat
thereof.
(the Property); and
15
Whereas, pursuant to published notice, a public hearing was held on the proposed disposi-
tion on August 17, 2015 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the purchase agree-
ment for the sale to Weaver Castle, LLC according to the terms and conditions set out in the
purchase agreement is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. The purchase agreement by and between the City of Dubuque and Weaver
Castle, LLC for the sale of the Property, a copy attached hereto, is hereby approved.
Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and
deliver a Special Warranty Deed, conveying the City's interest in the Property to Weaver Cas-
tle, LLC.
Section 3. That the City Clerk is hereby authorized and directed to cause said Special
Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with a
certified copy of the Resolution.
Passed, approved, and adopted this 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Arts and Culture Master Plan Update: Verbal Update from Arts and Culture Master Plan
Consultants Brad King and Priya Sicar of Lord Cultural Resources. Motion by Connors to re-
ceive and file the information and listen to the report. Seconded by Jones. Motion carried 7-0.
Arts and Cultural Affairs Coordinator Debra Alleyne introduced Brad King and Priya Sicar of
Lord Cultural Resources who reported on Phase Two of the three-phase plan regarding pub-
lic engagement and described the survey and workshops scheduled for arts partners, stake-
holders, targeted groups and citizens and what types of media are being used to distribute
the information and survey.
2. Text Amendment - Residential Freestanding Solar Arrays (3nd Reading): Request by
the City of Dubuque to amend the Unified Development Code to establish procedures for the
review of new freestanding solar arrays and the Zoning Advisory Commission recommending
approval. Motion by Jones to consider the final reading and adoption of Ordinance No. 54-15
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code,
by Amending Articles 16-5-2-2 (R-1), 16-5-3-2 (R-2) 16-5-4.3 (R -2A), 16-5-5.3 (R-3) and 16-
5-6.3 (R-4), 16-5-7.3 (OR) and 16-5-9.3 (OC) to establish maximum area and height require-
ments for residential freestanding solar arrays. Seconded by Resnick. Motion carried 5-2 with
Lynch and Connors voting nay.
OFFICIAL
PUBLICATION
ORDINANCE NO. 54-15
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDI-
NANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLES 16-5-2-2 (R-1), 16-
5-3-2 (R-2) 16 -5 -4.3(R -2A), 16-5-5.3(R-3) AND 16-5-6.3 (R-4), 16-5-7.3 (OR) AND 16-5-
16
9.3(OC) TO ESTABLISH MAXIMUM AREA AND HEIGHT REQUIREMENTS FOR RESI-
DENTIAL FREESTANDING SOLAR ARRAYS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code Articles 16-5-2.3 (R-1), 16-5-3.3 (R-2), 16-5-4.3 (R -2A), 16-5-5.3 (R-3), 16-5-6.3 (R-4),
16-5-7.3 (OR) and 16-5-9.3 (OC) are hereby amended as follows:
5-2.3, 5-3.3, 5-4.3, 5-5.3, 5-6.3, 5-7.3, 5-9.3 Accessory Uses Solar Collector (free-
standing array[s] are limited to not more than 100 aggregate square feet and 10 feet in
height).
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Adviso-
ry Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
Passed, approved and adopted this 17th day of August, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 7th day of August, 2015.
/s/Kevin S. Firnstahl, CMC, City Clerk
3. Catfish Creek Watershed Management Plan: City Manager recommending adoption of
the Catfish Creek Watershed Management Plan as a policy document to be considered when
establishing and updating City regulations, policies and programs that reduce flood risk, im-
prove water quality, and educate people about watershed stewardship. Motion by Connors to
receive and file the documents and adopt Resolution No. 287-15 Adopting Catfish Creek Wa-
tershed Management Plan. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 287-15
RESOLUTION ADOPTING CATFISH CREEK WATERSHED MANAGEMENT PLAN
Whereas, the City of Dubuque was awarded a Community Development Block Grant
(CDGB) distributed through the Iowa Economic Development Authority (IEDA) for the pur-
pose of creating a Catfish Creek Watershed Management Plan; and
Whereas, the planning process to create the Plan was guided by the Catfish Creek Water-
shed Management Authority, which included City representation; and
Whereas, the Catfish Creek Watershed Management Authority met throughout the process
to review the draft Plan and to provide input on plan language, goals and objectives, and im-
plementation strategies; and
Whereas, the Catfish Creek Watershed Management Authority meetings were open to the
public, and public input meetings also were held to gather input on the Plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby adopts the Catfish Creek Watershed Management
Plan as a policy document to be considered when updating City regulations, polices, and
programs that reduce flood risk, improve water quality, and educate people about watershed
stewardship.
17
Passed, approved and adopted this 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. State of Iowa Water Resource Restoration Sponsored Project Program Funding Agree-
ment - Catfish Creek Watershed Authority Board: City Manager recommending authorization
for the Mayor to execute the Agreement with the Catfish Creek Watershed Authority for the
purpose of expending funds in State of Iowa Water Resource Restoration Sponsored Project
program funding approved for improvements within the Catfish Creek Watershed in accord-
ance with the Catfish Creek Watershed Management. Motion by Connors to receive and file
the documents and adopt Resolution No. 288-15 Approving the Agreement between the Cat-
fish Creek Watershed Authority and the City of Dubuque, Iowa, for SRF Water Resource
Restoration Project. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 288-15
APPROVING THE AGREEMENT BETWEEN THE CATFISH CREEK WATERSHED AU-
THORITY AND THE CITY OF DUBUQUE, IOWA FOR SRF WATER RESOURCE RESTO-
RATION PROJECTS
Whereas, Iowa Code section 384.82 authorizes a city to carry out projects, borrow money,
and issue revenue bonds and pledge orders to pay all or part of the cost of projects, which
may include a qualified water resource restoration project, such revenue bonds and pledge
orders to be payable solely and only out of the net revenues of the city utility, combined utility
system, city enterprise, or combined city enterprise involved in the project; and
Whereas, Iowa Code section 384.80(15) provides that a water resource restoration project
means the acquisition of real property or improvements or other activity or undertaking that
will assist in improving the quality of the water in the watershed where a city water or
wastewater utility is located; and
Whereas, Iowa Code section 384.84 provides that the governing body of a city water or
wastewater utility may enter into an agreement with a qualified entity to use proceeds from
revenue bonds for a water resource restoration project if the rate imposed is no greater than
if there was not a water resource restoration project agreement; and
Whereas, City of Dubuque (City) and the Catfish Creek Watershed Authority (CCWA) are
qualified entities to enter into an agreement pursuant to Iowa Code chapter 28E to undertake
water resource restoration project that have been approved for water quality improvements in
the watershed where City's water or wastewater utility is located; and
Whereas, entering into an agreement with the CCWA in order to carry out water resource
restoration projects in the Catfish Creek watershed is in the best interest of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
The Mayor is authorized to execute the attached SRF Water Resource Restoration Pro-
jects Agreement with the Catfish Creek Watershed Authority.
Passed, approved and adopted this 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Skate Park Evaluation and Conceptual Design Consultant Selection: City Manager rec-
ommending approval of the selection of Pillar Design Studios as the consultant for the Skate
Park Evaluation and Conceptual Design Project. Motion by Connors to receive and file the
documents and approve the recommendation. Seconded by Jones. Motion carried 7-0.
18
6. SRF Green Alley Project Bid Set 3 - Year 3 Award: City Manager recommending award
of the construction contract to the low bidder Portzen Construction, Inc. Motion by Braig to
receive and file the documents and adopt Resolution No. 289-15 Awarding Public Improve-
ment Contract for the SRF Green Alley Bid Set 3 — Year 3 Project. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 289-15
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SRF GREEN ALLEY BID
SET 3 — YEAR 3 PROJECT
Whereas, sealed proposals have been submitted by contractors for the SRF Green Alley
Bid Set 3 — Year 3 Project (the Project) pursuant to Resolution No. 231-15 and Notice to Bid-
ders published in a newspaper published in the City of Dubuque, Iowa on the 10th day of July,
2015; and
Whereas, said sealed proposals were opened and read on the 6th day of August, 2015,
and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with a bid in
the amount of $1,139,598.75, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Portzen Con-
struction, Inc. and the City Manager is hereby directed to execute a Public Improvement Con-
tract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Iowa 32 Hike -Bike Trail Phase 4 and 5 Project Award: City Manager recommending the
award of the construction contract to the low bidder, Drew Cook & Sons Excavating Co., Inc.
Motion by Lynch to receive and file the documents and adopt Resolution No. 290-15 Award-
ing Public Improvement Contract for the Iowa 32 Hike -Bike Trail - Phase 4 & 5 Project. Se-
conded by Jones. Motion carried 7-0.
RESOLUTION NO. 290-15
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE IOWA 32 HIKE -BIKE TRAIL
- PHASE 4 & 5 PROJECT
Whereas, sealed proposals have been submitted by contractors for the Iowa 32 Hike -Bike
Trail - Phase 4 & 5 Project (the Project) pursuant to Resolution No. 252-15 and Notice to Bid-
ders published in a newspaper published in the City of Dubuque, Iowa on the 20th day of July,
2015; and
Whereas, said sealed proposals were opened and read on the 6th day of August, 2015,
and it has been determined that Drew Cook & Son's Excavating, Co., Inc. of Dubuque, Iowa,
with a bid in the amount of $273,465.10, is the lowest responsive, responsible bidder for the
Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Drew Cook and
Sons Excavating and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
19
Passed, approved and adopted this 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Bee Branch Creek Restoration Project Property Acquisition - 2450 Washington St. and
2442 - 2446 Washington St.: City Manager recommending acquisition of 2450 Washington
Street and 2442 - 2446 Washington Street for the Bee Branch Creek Restoration Project and
for expansion of Comiskey Park. Motion by Connors to receive and file the documents and
adopt Resolution No. 291-15 Approving the Acquisition of Real Estate Owned by Patricia S.
Chamberlain, in the City of Dubuque. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 291-15
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY PATRICIA M. CHAM-
BERLAIN, IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain real estate as necessary for the
Bee Branch Creek Restoration Project (the Project) for stormwater mitigation activities as
recommended in the 2001 "Drainage Basin Master Plan"; and
Whereas, this certain real estate is not currently part of or located within the Bee Branch
Creek Restoration Project; and
Whereas, Ms. Patricia M. Chamberlain (the Owner) of this certain real estate has voluntari-
ly agreed to sell to the City of Dubuque the certain real estate legally described as follows
(the Property):
North % of Lot 19 O.S. Langworthy's Addition, in the City of Dubuque, Iowa
South % of Lot 19 O.S. Langworthy's Addition, in the City of Dubuque, Iowa
South % of Lot 18 O.S. Langworthy's Addition, in the City of Dubuque, Iowa
Whereas, the Bee Branch Creek project corridor allows for very limited space for the multi-
ple construction contractors to store materials and equipment, maneuver equipment, and ac-
tual construct the improvements as outlined in the plans; and
Whereas, the construction contractors are currently competing with local residents for off-
street parking spaces and the demand for real estate will increase as the work moves to-
wards E. 24th Street; and
Whereas, acquiring the Property will result in more space available to the contractors and
allow the public and area residents more use of area streets; and
Whereas, following the construction of the Bee Branch Creek project, the Properties can
be utilized to expand the limits and the function of Comiskey Park; and
Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City
of Dubuque under Section 66.1A of the Code of Iowa, and is not an acquisition by the City of
Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code
of Iowa; and
Whereas, the Owner has agreed to sell her two properties, a duplex at 2442-2446 Wash-
ington and a single family home at 2450 Washington Street for a total cost of $210,000.00
and has agreed to rent replacement properties to her current tenants at their current rent for
42 months; and
Whereas, the $210,000.00 cost for the City to acquire the Owner's property corresponds to
the costs the City would incur if the properties were acquired through the eminent domain
process; and
Whereas, purchase agreements have been finalized with the owner of the real estate
scheduled for acquisition and Acknowledgments of Voluntary Negotiation have been execut-
ed by the Owner; and
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Whereas, it is in the best interest of the City to acquire the Properties, subject to review of
the updated abstracts and title opinions by the City Attorney's Office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to
Buy Real Estate and Acceptance attached hereto subject to review of the updated abstracts
and title opinions by the City Attorney's Office.
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty
Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said War-
ranty Deed to be recorded in the office of the Dubuque County Recorder, together with a cer-
tified copy of this Resolution.
Passed, approved and adopted this 17th day of August, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Code of Ordinances Amendment - Title 16 Zoning Board of Adjustment: City Manager
recommending approval of an ordinance which adds a new Section 16-8-1 which establishes
the Zoning Board of Adjustment and provides for the powers, operation, membership and
meetings. Motion by Jones to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried
7-0.
Motion by Jones for final consideration and passage of Ordinance No. 53-15 Amending
City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 8 Zoning
Board of Adjustment Applications by Repealing Section 16-8-1 Zoning Board of Adjustment
and Adopting a New Section 16-8-1 Zoning Board of Adjustment in Lieu Thereof Establishing
the Zoning Board of Adjustment, Providing for the Powers, Operation, Membership, and
Meetings. Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 53-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVEL-
OPMENT CODE, CHAPTER 8 ZONING BOARD OF ADJUSTMENT APPLICATIONS BY
REPEALING SECTION 16-8-1 ZONING BOARD OF ADJUSTMENT AND ADOPTING A
NEW SECTION 16-8-1 ZONING BOARD OF ADJUSTMENT IN LIEU THEREOF ESTAB-
LISHING THE ZONING BOARD OF ADJUSTMENT, PROVIDING FOR THE POWERS,
OPERATION, MEMBERSHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 16-8-1 of the City of Dubuque Code of Ordinances is hereby released
and the following adopted in lieu thereof:
16-8-1: ZONING BOARD OF ADJUSTMENT:
A. Board Created. There is hereby created the Zoning Board of Adjustment.
B. Purpose: The purpose of the board is to review applications regarding criteria for
granting of special exceptions, conditional use permits, or variances; to decide citizens'
appeals of orders, requirements, decisions, or determinations made by Planning Ser -
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vices staff; and to hear cases given by applicants and decide whether the request
should be granted based on the criteria set forth in the Zoning Ordinance.
C. Internal Organization and Rules: The board may adopt rules and regulations to gov-
ern its organizational procedures as may be necessary and which are not in conflict with
this Code of Ordinances or the Iowa Code.
D. Procedures for Operation: All administrative, personnel, accounting, budgetary, and
procurement policies of the city govern the board in all its operations.
E. Membership:
1. The board comprises five (5) residents of the city, appointed by the city council.
2. Residents must be eighteen (18) years of age or older.
3. Two (2) members from the board must be appointed as cross-representatives to
the Airport Zoning Board of Adjustment, with city council approval.
4. A majority of the members of the board must be persons representing the public
at-large and must not be involved in the business of purchasing or selling real estate.
5. Membership on the board must comply with the provisions of Iowa Code §69.16A,
relating to gender balance. No person can be appointed or reappointed to the board
if that appointment or reappointment would cause the number of members of one
gender to be greater than one-half (%) of the membership of the board plus one (1).
If the city has made a good faith effort to appoint a qualified person to fill a vacancy
on the board for a period of three (3) months but has been unable to make a compli-
ant appointment, the city must utilize a fair and unbiased method of selecting the best
qualified applicants.
F. Oath: Each person, upon appointment or reappointment to the board, must execute
an oath of office at the first meeting of the board following the appointment or reap-
pointment or at the city clerk's office any time prior to the first meeting of the board.
G. Terms. The term of office for members of the board is five (5) years or until such
member's successor is appointed and qualified. The terms of the cross-representative
appointees to the Airport Zoning Board of Adjustment must serve a term on the Airport
Zoning Board of Adjustment which coincides with their terms on the Zoning Board of
Adjustment.
H. Vacancies: Vacancies must be filled in the same manner as original appointments.
I. Officers/Organization: The board must choose annually a chairperson and vice-
chairperson, each to serve a term of one (1) year. The chairperson must appoint a sec-
retary, who need not be a member of the board. The board must fill a vacancy among
its officers for the remainder of the officer's unexpired term.
J. Meetings.
1. Regular Meetings. The board must meet monthly.
2. Special Meetings. Special meetings may be called by the chairperson or at the
written request of a majority of the members.
3. Open Meetings. All meetings must be called and held in conformance with the Io-
wa Open Meetings Law.
4. Attendance.
a. In the event a member of the board has been absent for three (3) or more con-
secutive meetings of the board, without being excused by the chairperson, such
absence will be grounds for the board to recommend to the city council that the
position be declared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
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5. Minutes. A copy of the minutes of all regular and special meetings of the board
must be filed with the city council within ten (10) working days after each meeting, or
by the next regularly scheduled city council meeting, whichever is later.
6. Quorum. The concurring vote of three (3) members of the board is necessary to
reverse any order, requirement, decision, or determination of any such administrative
official, or to decide in favor of the applicant on any matter upon which it is required to
pass under any such ordinance or to effect any variation in such ordinance.
K. Compensation: Members serve without compensation, provided that they may re-
ceive reimbursement for necessary travel and other expenses while on official board
business within the limits established in the city administrative policies and budget.
L. Removal: The city council may remove any member for cause upon written charges
and after a public hearing.
M. Powers: The board has the following powers, duties, and responsibilities:
1. To hear and decide appeals where it is alleged there is error in any order, require-
ment, decision, or determination made by an administrative official in the enforce-
ment of Iowa Code Chapter 414, as such may be amended from time to time, or any
ordinance adopted pursuant thereto.
2. To hear and decide special exceptions to the terms of this Code upon which such
board is required to pass under such ordinance, in accordance with the general regu-
lations of the zone in which the property is located and specific standards contained
herein.
3. To hear and decide conditional use permits under the terms of this Code upon
which such board is required to pass under such ordinance, in accordance with the
general regulations of the zone in which the property is located and specific stand-
ards contained herein.
4. To authorize upon appeal in specific cases such variance from the terms of the or-
dinance as will not be contrary to the public interest, where owing to special condi-
tions a literal enforcement of the provisions of the ordinance will result in unneces-
sary hardship, and so that the spirit of the ordinance must be observed and substan-
tial justice done.
In exercising the above-mentioned powers such board may, in conformity with the provi-
sions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement,
decision, or determination appealed from and may make such order requirement, decision, or
determination as ought to be made, and to that end shall have all the powers of the officer
from whom the appeal is taken.
Section 2. Nothing herein effects the term of any person serving as a member of the board
as of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 17th day of August, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of August, 2015.
/s/Kevin S. Firnstahl, City Clerk
10. Public, Educational, and Government (PEG) Capital Expenditure Request - City of
Dubuque: City Manager recommending approval of the Cable TV Commission recommenda-
tion for funding from the Public, Educational, and Government (PEG) Capital Grant for Ac-
cess Equipment and Facilities for the City of Dubuque to purchase a drone to capture aerial
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video and still images of City projects and initiatives. Motion by Connors to receive and file
the documents and approve the recommendation. Seconded by Braig. Motion carried 7-0.
11. Request for Work Session - Inclusive Dubuque: City Manager requesting that the City
Council schedule the Quarterly Inclusive Dubuque Work Session for November 2, 2015 at
5:00 p.m. Motion by Jones to schedule the work session as recommended. Seconded by
Connors. Motion carried 7-0.
12. Request to Schedule Tour of Intermodal Transit Facility and Reschedule Quarterly
Sustainable Dubuque Work Session: City Manager requesting that the City Council resched-
ule the Quarterly Sustainable Dubuque work session to Monday, October 5, at 5:00 p.m. City
Manager further requests Council approval to schedule a 30 -minute walking tour of the In-
termodal Facility on Tuesday, September 8, at 5:30 p.m. (the original date scheduled for the
Quarterly Sustainable Dubuque Work Session). Motion by Connors to receive and file the
documents and schedule the works sessions as recommended. Seconded by Lynch. Motion
carried 7-0.
There being no further business, upon motion the City Council adjourned at 7:51 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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