9 8 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 September 8, 2015
at the Dubuque Intermodal Transportation Center, 950 Elm Street.
Present: Mayor Buol; Council Members, Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
Also present: Jill Connors, Kelley Deutmeyer, Candace Eudaley, Teri Goodmann,
Tim Horsfield, Maurice Jones, Tim McNamara, Chandra Ravada, Gus Psihoyos, Cindy
Steinhauser
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a walking tour of the Dubuque Intermodal Transportation
Center.
WORK SESSION
Walking Tour of the Dubuque Intermodal Transportation Center
The City Council took a guided tour of the offices, amenities and surrounds of the
new Jule Transportation Center and parking facility located at 950 Elm Street.
There being no further business, upon motion the City Council adjourned at 5:55 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on September 8, 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
PRESENTATION(S)
American Public Works Association Project of the Year Award: Civil Engineer II Jon
Dienst presented the Project of the Year award from the American Public Works Asso-
ciation for the SRF Green Alley Project Bid Set 3 -Year 1 (Environmental Less Than $5
Million)
PROCLAMATION(S)
Hunger Action Awareness Day (September 19, 2015) was accepted by Kathy Hutton,
Executive Director of St. Stephen's Food Bank, 3145 Cedar Crest Ridge.
Days of Peace and Ceasefire (September 11-29, 2015) was accepted by Art Roche
of the Days of Peace Committee, 5451 Meadow Ct., Asbury.
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: Art and Cultural Affairs Advisory Commission of
7/28; City Council Proceedings of 8/3, 8/10, 8/17; Civil Service Commission of 8/19; His-
toric Preservation Commission of 8/20; Human Rights Commission of 7/13; Long Range
Planning Advisory Commission of 8/19; Sister City Relationships Advisory Commission
Goal Setting of 8/24; Proof of Publication of City Council Proceedings of 7/28, 7/29, 8/3,
8/10, 8/17; Proof of publication for Notice of Claims and Summary of Receipts for Month
Ending 7/31. Upon motion the documents were received and filed.
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2. Notice of Claims and Suits: Paul Avenarius for vehicle damage, Penni Schmitt for
vehicle damage. Upon motion the documents were received, filed and referred to the
City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Paul Avenarius for vehicle damage, Penni Schmitt for vehicle damage,
Sisters of the Visitation for vehicle damage. Upon motion the documents were received,
filed and concurred.
4. Dubuque Water & Resource Recovery Center Showing Return on Investment: City
Manager transmitting the City's informational brochure about the return on investment at
the Water & Resource Recovery Center. Upon motion the document was received and
filed.
5. Dubuque Jaycees 2016 Fireworks Request: Correspondence from Thomas Pars-
ley, General Manager for Radio Dubuque, in partnership with the Dubuque Jaycees re-
questing approval to conduct a fireworks display on Sunday, July 3, 2016 from 9:00
p.m. to 10:30 p.m. on Volunteer Road between Hawthorne and Lime Streets with a rain
date of July 4, 2016. Upon motion the document was received, filed and approved.
6. Acceptance of Storm Sewer Improvements in Lot 1 of Westview Shopping Center
Place No. 4: City Manager recommending acceptance of the public improvements that
the developer, Molo Oil Company, has recently completed in Lot 1 of Westview Shop-
ping Center Place No. 4 (common address 1895 John F. Kennedy Road). Upon motion
the documents were received and filed and Resolution No. 292-15 Accepting public im-
provements in Lot 1 of Westview Shopping Center Place No. 4 in the City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 292-15
ACCEPTING PUBLIC IMPROVEMENTS IN LOT 1 OF WESTVIEW SHOPPING CEN-
TER PLACE NO. 4 IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to Purchase Offer and Agreement dated December 2, 2013, cer-
tain public improvements including storm sewer, were installed by the developer of Lot 1
of Westview Shopping Center Place No. 4 in the City of Dubuque, Iowa; and
Whereas, the improvements have been completed and the City Manager has exam-
ined the work and has filed a certificate stating that the same has been completed in
accordance with the plans approved by the City Council and in conformance with City
specifications, and has recommended that the improvements be accepted by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
public improvements in Lot 1 of Westview Shopping Center Place No. 4 be and the
same is hereby accepted.
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Passed, approved and adopted this 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Semi Annual Consent Decree Report: City Manager recommending approval for
the City Manager to certify the September 30th Semi Annual Consent Decree Report to
be submitted to the U.S. Department of Justice, U.S. EPA and the Iowa Department of
Natural Resources. Upon motion the documents were received, filed and approved.
8. Miller -Riverview Park - Concrete Pads Project Award: City Manager recommend-
ing that the award for the Miller Riverview Park — Concrete Pads Project to Midwest
Concrete, Inc. be officially recorded in the minutes of the City Council. Upon motion the
documents were received, filed and made a Matter of Record.
9. Renewal Rates for Worker's Compensation Claims Administration: City Manager
recommending acceptance of the renewal rates from Alternative Services Concepts for
services related to the administration of the City's Worker's Compensation Program.
Upon motion the documents were received, filed and approved.
10. Acceptance of Grant of Sanitary Sewer Utility Easement - 3045 Indiana Court:
City Manager recommending acceptance of a permanent easement for sanitary sewer
across part of Lot 1 of Indiana Subdivision No. 2 from Eric Bakken. Upon motion the
documents were received and filed and Resolution No. 293-15 Accepting a Grant of
Easement for sanitary sewer through, over and across par of Lot 1 of Indiana Subdivi-
sion No. 2 in the City of Dubuque was adopted.
RESOLUTION NO. 293-15
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER THROUGH, OVER
AND ACROSS PART OF LOT 1 OF INDIANA SUBDIVISION NO. 2, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Eric M. Bakken has executed a Permanent Easement for Sanitary Sewer
through, over and across Part of Lot 1 of Indiana Subdivision No. 2 in the City of Dubu-
que, 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 Permanent Easement for Sanitary Sewer through,
over and across Part of Lot 1 of Indiana Subdivision No. 2, in the City of Dubuque,
Dubuque County, Iowa from Eric M. Bakken, 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 resolu-
tion and easement with the Dubuque County Recorder.
Passed, approved and adopted this 8th day of September, 2015.
Attest: Kevin S. Firnstahl, City Clerk
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Roy D. Buol, Mayor
11. Acceptance of Grant of Easement for Intersection Improvements at Loras Blvd,
Grandview Ave. and University Ave.: City Manager recommending acceptance of a
Grant of Easement for underground electric, fiber optic cable, traffic signals & other Ap-
purtenances and sidewalk across part of Tschirgi and Schwind's Subdivision owned by
William and Kathleen Jester. Upon motion the documents were received and filed and
Resolution No. 294-15 Accepting a Grant of Easement for underground electric, fiber
optic cable, traffic signals & other appurtenances and sidewalk through, over and across
part of Lot 61, and Lot 1 of the East '/2 of Lot 59, in Tschirgi and Schwind's Subdivision,
City of Dubuque, Iowa was adopted.
RESOLUTION NO. 294-15
ACCEPTING A GRANT OF EASEMENT FOR UNDERGROUND ELECTRIC, FIBER
OPTIC CABLE, TRAFFIC SIGNALS & OTHER APPURTENANCES AND SIDEWALK
THROUGH, OVER AND ACROSS PART OF LOT 61, AND LOT 1 OF THE EAST 1/2
OF LOT 59, IN TSCHIRGI AND SCHWIND'S SUBDIVISION, CITY OF DUBUQUE,
IOWA
Whereas, William K. and Kathleen Jester have executed a Grant of Easement for
Underground Electric, Fiber Optic Cable, Traffic Signals & Other Appurtenances and
Sidewalk through, over and across Part of Lot 61, and Lot 1 of the East '/2 of Lot 59, in
Tschirgi and Schwind's Subdivision, City of Dubuque, 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 Easement for Underground Electric, Fiber Optic Ca-
ble, Traffic Signals & Other Appurtenances and Sidewalk through, over and across Part
of Lot 61, and Lot 1 of the East '/2 of Lot 59, in Tschirgi and Schwind's Subdivision, City
of Dubuque, Iowa from William K. and Kathleen Jester and, 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. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved and adopted this 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Acceptance of Grant of Warranty Deed - 1610 Loras Blvd: City Manager recom-
mending acceptance of a Warranty Deed for Access Rights across part of Lots 59 and
61 in Discharge and Schwind's Subdivision, owned by William and Kathleen Jester. Up-
on motion the documents were received and filed and Resolution No. 295-15 Approving
the acquisition of real estate owned by William and Kathleen Jester in the City of Dubu-
que, Iowa was adopted.
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RESOLUTION NO. 295-15
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY WILLIAM AND
KATHLEEN JESTER IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque intends to acquire certain real estate access rights
over a portion of Lots 59 and 61 in Tschirgi and Schwinds Subdivision located in in the
City of Dubuque, Iowa for a traffic signal improvements project at Grandview Avenue
and Loras Boulevard; and
Whereas, the owner of this certain real estate and the City of Dubuque have voluntar-
ily negotiated that the City of Dubuque acquire the property for acquisition; and
Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the
City of Dubuque under Section 66.1A of the Iowa Code, and is not an acquisition by the
City of Dubuque through its exercise of the power of eminent domain under Chapter 6B
of the Iowa Code; and
Whereas, an agreement has been finalized with the owner of the real estate access
rights scheduled for acquisition and executed by the owner.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa hereby approve the acquisition of access
rights over the following legally described real estate:
A portion of the Easterly line of Lots 59 and 61 in Tschirgi and Schwinds Subdivi-
sion, City of Dubuque, Iowa, more particularly described as follows:
Beginning at the Northeasterly corner of Lot 61 in Tschirgi and Schwinds Subdivi-
sion in the City of Dubuque Iowa; thence South 21 Degrees 39 Minutes 40 Sec-
onds East along the Westerly Right of Way line of North Grandview Avenue a dis-
tance of 112.00 feet to the Point of Termination.
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran-
ty Deed for Access Rights 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 Attorney be and is hereby authorized and directed to cause
said Warranty Deed for Access Rights to be recorded in the office of the Dubuque
County Recorder, together with a certified copy of this Resolution.
Passed, approved and adopted this 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. State Flood Mitigation Board - Amendment to Agreement: City Manager recom-
mending approval to seek an amendment to the State Flood Mitigation Board Funding
Agreement for the Bee Branch Watershed Flood Mitigation Project. Upon motion the
documents were received and filed and Resolution No. 295-15B Authorizing an
amendment to the Agreement with the State of Iowa Flood Mitigation Board which au-
thorizes the City's use of Sales Tax Increment funding for the Bee Branch Watershed
Flood Mitigation Project was adopted.
RESOLUTION NO. 295-15B
AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH THE STATE OF IO-
WA FLOOD MITIGATION BOARD WHICH AUTHORIZES THE CITY'S USE OF
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SALES TAX INCREMENT FUNDING FOR THE BEE BRANCH WATERSHED FLOOD
MITIGATION PROJECT
Whereas, Six Presidential Disaster Declarations have been issued for flooding, se-
vere storms and tornados between 1999 and 2011 due to flash flooding; and
Whereas, the Bee Branch Watershed, which includes the City of Dubuque's most de-
veloped areas where over 50% of city residents either live or work, has experienced
flooding impacting thousands of properties and over seventy businesses; and
Whereas, the City Council of the City of Dubuque has adopted a drainage basin mas-
ter plan authored by HDR Engineering that outlines improvements to mitigate flooding
collectively referred to as the Bee Branch Watershed Flood Mitigation Project (the Pro-
ject); and
Whereas, the Flood Mitigation Program was established by the Iowa Legislature and
the Governor of Iowa to support community projects for the construction and reconstruc-
tion of levees, embankments, impounding reservoirs, or conduits that are necessary for
the protection of property from the effects of floodwaters and may include the deepen-
ing, widening, alteration, change, diversion, or other improvement of watercourses if
necessary for the protection of such property from the effects of floodwaters; and
Whereas, the City of Dubuque submitted an application to the Iowa Flood Mitigation
Board (the Board) requesting the use of $98,494,178.00 in sales tax increment funds for
the Project; and
Whereas, the Board, on December 4, 2013, voted to approve the City's application
for construction of the Project, subject to the requirements set forth in Iowa Code chap-
ter 418 and the administrative rules promulgated under it and subject to the terms and
conditions set forth in an agreement; and
Whereas, the City Council, on February 3, 2014, adopted Resolution 31- 14 authoriz-
ing the execution of an agreement (Funding Agreement) with the Iowa Flood Mitigation
Board binding the City to the terms of the agreement as required for the City's receipt of
up to $98,494,178.00 in state sales tax increment funds for the Bee Branch Watershed
Flood; and
Whereas, the actual sales tax growth in Fiscal Year 2014 and Fiscal Year 2015 ex-
ceeded the projected totals so that the City would be eligible to receive up to an addi-
tional $1,962,080.00 in sales tax increment if the Funding Agreement is amended ac-
cordingly; and
Whereas, it is in the best interest of the City to seek the use of the additional sales
tax increment through an amendment to the Funding Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1: The City's request to amend the Funding Agreement with the Iowa Flood
Mitigation Board in order for the City to receive an additional $1,962,080.00 in sales tax
increment funding for the City's flood project fund for the above purposes is hereby au-
thorized.
Passed, approved and adopted this 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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14. Collective Bargaining Agreement Amendment - Teamsters Local #120 (Bus Op-
erators): City Manager recommending approval of an amendment to the Collective Bar-
gaining Agreement with Teamsters Local Union No. 120 (Bus Operators). Upon motion
the documents were received, filed and approved.
15. German Bank Building: City Manager recommending approval of the Release of
the City's mortgage on the German Bank Building at 342 Main Street. Upon motion the
documents were received and filed and Resolution No. 296-15 Approving the Release
of a Mortgage by the City of Dubuque, Iowa on the German Bank Building at 342 Main
Street was adopted.
RESOLUTION NO. 296-15
APPROVING THE RELEASE OF A MORTGAGE BY THE CITY OF DUBUQUE, IOWA
ON THE GERMAN BANK BUILDING AT 342 MAIN STREET
Whereas, in 2007, the City of Dubuque (City) entered into a Development Agreement
with German Bank Building, LLLP for the development of the German Bank Building at
342 Main Street; and
Whereas, City agreed to provide German Bank Building, LLLP with a $300,000.00
low interest loan through the Downtown Rehabilitation Loan/Grant Program, secured by
a mortgage on the German Bank Building and subject to a previous mortgage secured
by Premier Bank to German Bank Building, LLLP in the amount of $375,000.00; and
Whereas, in 2012, the German Bank Building was sold by German Bank Building,
LLLP to James Madison, LLC; James Madison, LLC assumed all of the obligations of
German Bank Building, LLLP under the Development Agreement and the Downtown
Rehabilitation Loan Agreement; and
Whereas, James Madison, LLC defaulted on the Premier Bank mortgage and the
City's mortgage; and
Whereas, Premier Bank and City entered into an Intercreditor Agreement, pursuant
to which the parties agreed that if Premier Bank obtained title to the German Bank
Building and received an offer to purchase the German Bank Building at $603,000.00 or
more, Premier Bank was authorized to accept the offer and City agreed to release its
mortgage and any other liens against the property; and
Whereas, Premier Bank took back title to the German Bank Building from James
Madison, LLC; and
Whereas, Premier Bank has accepted a bid from Tim and Amy Brehm to purchase
the German Bank Building for $612,000; and
Whereas, pursuant to the Intercreditor Agreement, City is required to release its
mortgage.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The mortgage release attached hereto is hereby approved.
Section 2. The Mayor is authorized and directed to execute the mortgage release on
behalf of the City of Dubuque.
Section 3. The City Manager and City Attorney are authorized to take such further ac-
tion as may be necessary to fulfill the obligations of the City under the Intercreditor
Agreement.
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Passed, approved and adopted this 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Property Acquisition - Dubuque Community School District (Audubon School):
City Attorney recommending adoption of a resolution accepting the deed to property
owned by Dubuque Community School District adjacent to Audubon School for the Bee
Branch Creek Restoration Project. Upon motion the documents were received and filed
and Resolution No. 297-15 Accepting the Deed to certain real estate in Dubuque Coun-
ty, Iowa from the Dubuque Community School District was adopted.
RESOLUTION NO. 297-15
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IO-
WA FROM THE DUBUQUE COMMUNITY SCHOOL DISTRICT
Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement on June 5,
2015, with the Dubuque Community School District for the purchase of certain real
property in Dubuque County, Iowa legally described as follows:
LOT B OF LOT 2 OF MINERAL LOT 314 AND LOT B OF LOT 3 OF MINERAL
LOT 314 IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE ACQUISI-
TION PLAT RECORDED ON JULY 8, 2015, IN THE RECORDS OF THE DUBU-
QUE COUNTY RECORDER AS INSTRUMENT #2015-00008842; 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 Deed from the Dubuque Community
School District, attached hereto.
Section 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 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Civil Service Commission: Civil Service Commission submitting the Certified Lists
for the positions of Public Safety Dispatcher and Sanitation Driver. Upon motion the
documents were received, filed and made a Matter of Record.
August 19, 2015
Honorable Mayor and Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Public Safety Dispatcher was administered on July 23, 2015. We hereby certify that
the individuals listed below have passed this written examination and the vacancy for
this position should be filled from this list and that this list is good for two (2) years from
above date.
Public Safety Dispatcher
1. Carroll Clark
2. Ragan Schumacher
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3. Andrew Francois
4. Lisa LuGrain
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
September 17, 2015
Honorable Mayor and Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Sanitation Driver was administered on July 28, 2015. We hereby certify that the indi-
viduals listed below have passed this written examination and the vacancy for this posi-
tion should be made from this list and that this list is good for two (2) years from above
date.
Sanitation Driver
1. Doug Kuehn
2. Dave Weis, II
3. Todd Kaiser
4. Robert Lenaerts
5. Justin Licht
6. Michael Terry
7. Drew Noel
8. Kevin Ruggles
9. Richard Zeller
10. William Hefei
11. James Healey
12. Nicholas McLaughlin
13. Jordan Thul
14. Dustin Rector
15. Ryan Voss
16. Kristine Blakeman
17. John Doyle
18. Aaron Lincoln
19. Chris Maiden
20. Jason McCann
21. Tim Neuhaus
22. Dale Richardson
23. Shannon Clark
24. Jacob Hedley
25. Dennis Heiderscheit
26. Jacob Freund
27. Nathan Mohr
28. Justin Pergande
29. Brent Volkert
30. Nicholas Ede
31. Anthony McAndrew
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32. Daniel Petersen
33. Chris Watters
34. Jeff Boge
35. Dennis Brayton
36. Derek Duehr
37. John Kirk
38. Thomas Pinzger
39. Caleb Schulz
40. James Bernal
41. Adrian Hughes -Colon
42. Jon Lucas
43. Jeffrey Nauman
44. Jacob Trierweiler
45. Aaron Young
Eligible Employee: Matt Cooper
Respectfully submitted,
Dan White, Chairman
Civil Service Commission
18. Alice Wolf vs. City of Dubuque: City Attorney submitting the Release following the
settlement of Alice Wolf vs. the City of Dubuque. Upon motion the documents were re-
ceived and filed.
19. Quarterly Sustainable Dubuque Report: City Manager transmitting the July 2015
Sustainable Dubuque Report. Upon motion the documents were received and filed.
20. U.S. Federal Energy Regulatory Commission: Notice from the U.S. Federal Ener-
gy Regulatory Commission of a preliminary permit application proposing to study the
feasibility of a hydroelectric project at Lock and Dam No. 11. Upon motion the document
was received, filed and referred to the City Manager.
21. Parking System Technician: City Manager recommending that the position of La-
borer in the Parking Division be replaced with a Parking System Technician position.
Upon motion the documents were received, filed and approved.
22. Restrictive Covenant for Residential Real Estate - 1501-1503 Bluff Street: City
Manager recommending approval of a Resolution attaching a Restrictive Covenant to
1501-1503 Bluff Street prior to City disposal. Upon motion the documents were received
and filed and Resolution No. 298-15 Attaching Duplex -Owner Occupied Residence Re-
strictive Covenant to 1501-1503 Bluff Street, Dubuque, Iowa was adopted.
RESOLUTION NO. 298-15
ATTACHING DUPLEX -OWNER OCCUPIED RESIDENCE RESTRICTIVE COVENANT
TO 1501-03 BLUFF STREET, DUBUQUE, IA
Whereas, The City desires to attach restrictive covenants to 1501-03 Bluff Street pri-
or to disposal of said property; and
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Whereas, said property will be disposed of by the City and the City desires said
property to be owner -occupied for a period of twenty one years after the sale.
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 1501-03 Bluff Street, legally described as:
The Easterly 90 feet of the Northerly 40 feet of Lot 3, and the Easterly 100 feet of
the Southerly 2 feet of Lot 4 in D.N. Cooley's subdivision of out lots 667, 668 and
669 in the City of Dubuque, Iowa, according to the recorded plat thereof — 1501-03
Bluff Street
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 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
23. Restrictive Covenant for Residential Real Estate - 2525 Windsor Avenue: City
Manager recommending approval of a resolution attaching a Restrictive Covenant to
2525 Windsor Avenue prior to City disposal. Upon motion the documents were received
and filed and Resolution No. 299-15 Attaching Single Family Residence Restrictive
Covenant to 2525 Windsor Avenue, Dubuque, Iowa was adopted.
RESOLUTION NO. 299-15
ATTACHING SINGLE FAMILY RESIDENCE RESTRICTIVE COVENANT, TO 2525
WINDSOR AVENUE, DUBUQUE, IOWA
Whereas, The City desires to attach restrictive covenants to 2525 Windsor Avenue
prior to disposal of said property; and
Whereas, said property will be disposed of by the City and the City desires said
property to be owner -occupied for a period of twenty one (21) years after the sale.
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 2525 Windsor Avenue, legally described as:
Lot 24 in Stafford's Addition to the City of Dubuque, Iowa
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 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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24. City Street Financing Report for Fiscal Year 2015: City Manager recommending
approval of the City of Dubuque's Fiscal Year 2015 City Street Financing Report and
authorize filing with the Iowa Department of Transportation. Upon motion the documents
were received and filed and Resolution No. 300-15 Approving the City of Dubuque Fis-
cal Year 2015 City Street Financing Report was adopted.
RESOLUTION NO. 300-15
APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2015 CITY STREET FINANC-
ING REPORT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBQUE, IOWA:
Section 1. That the City Street Finance Report for the period of July 1, 2014, to June
30, 2015, is hereby approved and that the City Clerk is hereby authorized and directed
to file said report with the Iowa Department of Transportation.
Passed, approved and adopted this 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
25. Request for Qualifications - Transit Bus Storage Facility: City Manager recom-
mending approval to release a Request for Qualifications to solicit consultant interest in
Design Development Construction Documents, and Construction Administration Ser-
vices for the Transit Bus Storage Facility. Upon motion the documents were received,
filed and approved.
26. Request for Proposals - Southwest Arterial Project Construction Engineering Ser-
vices: City Manager recommending authorization to proceed with initiating the Request
for Proposals process for soliciting proposals from qualified consulting firms to provide
all phases of Construction Engineering Services for both the English Mill Road Recon-
struction Project and the Military Road Reconstruction Project. Upon motion the docu-
ments were received, filed and approved.
27. Authorized Depository Institutions: City Manager recommending approval to add
Hometown Bank as an authorized depository for City ambulance funds. Upon motion
the documents were received and filed and Resolution No. 301-15 Naming Depositories
was adopted.
RESOLUTION NO. 301-15
RESOLUTION NAMING DEPOSITORIES
Whereas, Chapter 12C.2 of the 2201 Code of Iowa states that the approval of a fi-
nancial institution as a depository shall be by written resolution or order which shall be
entered of record in the minutes of the approving board, and which shall distinctly name
each depository approved, and specify the maximum amount which may be kept on de-
posit in each depository; and
Whereas, This procedure is required if a financial institution changes its name or
home office location, if the maximum amount is changed, or if a financial institution is
added or deleted.
13
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the following financial institutions are approved to be depositories of
the City of Dubuque, Iowa funds in conformance with all applicable provisions of the
2001 Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit City
of Dubuque, Iowa funds in amounts not to exceed the maximum approved for each re-
spective financial institution as set out below.
Depository Name
American Trust & Savings Bank
Dubuque Bank & Trust Company
U.S. Bank
Dupaco Community Credit Union
Premier Bank
East Dubuque Savings Bank
Fidelity Bank & Trust
BBVA Compass
Hometown Bank
Location of Home Office
Dubuque, Iowa
Dubuque, Iowa
Minneapolis, Minnesota
Dubuque, Iowa
Dubuque, Iowa
Dubuque, Iowa
Dyersville, Iowa
Birmingham, Alabama
Fond du Lac, Wisconsin
Passed, approved and adopted this 8th day of September, 2015.
Attest: Kevin S. Firnstahl, City Clerk
Maximum Balance
$60,000,000
$60,000,000
$40,000,000
$20,000,000
$20,000,000
$20,000,000
$20,000,000
$ 100,000
$ 250,000
Roy D. Buol, Mayor
28. AmeriCorps Partners in Learning Grant Agreement for 2015-2016: City Manager
recommending approval of the City Manager's execution of the grant agreement for the
period September 1, 2015, to August 31, 2016 with the Iowa Commission on Volunteer
Service. Upon motion the documents were received, filed and approved.
29. Improvement Contracts / Performance, Payment and Maintenance Bonds: Drew
Cook & Sons Excavating, Inc., for SRF Green Alley Project Bid Set 2 -Year 3; and IA 32
Hike -Bike Trail Phase 4 & 5 Project; Portzen Construction, Inc., for SRF Green Alley
Project Bid Set 3 -Year 3. Upon motion the documents were received, filed and ap-
proved.
30. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 302-15 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. 302-15
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
14
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
Lucky 13 Tap 385 East 13th St. Class C Liquor (Sunday)
Los Aztecas Mexican Restaurant 2700 Dodge St. Class C Liquor (Sunday)
Family Mart Inc. 3201 Central Ave Class C Beer, Class B Wine
(Sunday)
Red Robin Americans Gourmet 1775 NW Arterial Class C Liquor (Outdoor)
Burgers (Sunday)
Premise Updates
Rotary Club of Dubuque From 135 W. 8th St
to Riverwalk
New
Chocolaterie Stam Dubuque
Adding a Privilege
Rotary Club of Dubuque
269 Main St Class C Liquor, Class B Wine
(Outdoor) (Sunday)
135 W. 8th St Adding Outdoor Service
Passed, approved and adopted this 9th day of September, 2015
Attest: Kevin S. Firnstahl, 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. Lake Eleanor Lift Station and Water Main Extension Project: City Manager recom-
mending initiation of the public bidding process for the Lake Eleanor Lift Station Project,
and further recommends that a public hearing be set for September 21, 2015. Upon mo-
tion the documents were received and filed and Resolution No. 303-15 Preliminary ap-
proval of plans, specifications, form of contract, and estimated cost; setting date of pub-
lic 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 com-
mence at 6:30 p.m. on September 21, 2015 in the Historic Federal Building.
15
RESOLUTION NO. 303-15
LAKE ELEANOR LIFT STATION 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 ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Lake
Eleanor Lift Station Project in the estimated amount $496,755.00, are hereby preliminar-
ily approved and ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 21st day of September, 2015, at 6:30 p.m. in the
Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque,
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 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.
The Lake Eleanor Lift Station Project is hereby ordered to be advertised for bids for
construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished 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 24th day of September, 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 5th day of October, 2015, in the Historic Federal Build-
ing Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Federal Building Lease - Iowa State University: City Manager recommending that a
public hearing be set for September 21, 2015 on the proposal to lease space in the
Federal Building to Iowa State University. Upon motion the documents were received
and filed and Resolution No. 304-15 Intent to dispose of an interest in real property
owned by the City of Dubuque, Iowa by lease between the City and Iowa State Universi-
ty of Science and Technology was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on September 21, 2015 in the Historic Federal Building.
16
RESOLUTION NO. 304-15
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE
CITY OF DUBUQUE, IOWA BY LEASE BETWEEN THE CITY AND IOWA STATE
UNIVERSITY OF SCIENCE AND TECHNOLOGY
Whereas, the City of Dubuque, Iowa (City) owns the real property described as the
Historic Federal Building, located at 350 West 6th Street in the City of Dubuque, Iowa;
and
Whereas, City and Iowa State University of Science and Technology have negotiated
a proposed Lease Agreement for space in the Historic Federal Building, a copy of which
Lease Agreement is on file at the office of the City Clerk, City Hall, 13th and Central Av-
enue, Dubuque, Iowa; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque to
approve the proposed Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -
described real property by Lease Agreement between City and Iowa State University of
Science and Technology.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 364.7 of a public
hearing on the City's intent to dispose of the foregoing -described real property, to be
held on the 21st day of September, 2015, at 6:30 o'clock p.m. at the Historic Federal
Building, Council Chambers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Fiscal Year 2016 First Budget Amendment: City Manager recommending the first
Fiscal Year 2016 Budget Amendment be set for public hearing on September 21, 2015.
Upon motion the documents were received and filed and Resolution No. 305-15 Setting
the date for the public hearing on Amendment No. 1 to the Fiscal Year 2016 Budget for
the City of Dubuque was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on September 21, 2015 in the Historic Federal Building.
RESOLUTION NO. 305-15
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE
FISCAL YEAR 2016 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time
and place for a public hearing on amendments to the budget and publish notice before
the hearing as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on proposed Amend-
ment No. 1 to the Fiscal Year 2016 budget for the City of Dubuque at the City Council
Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on
Monday, September 21, 2015, beginning at 6:30 p.m.
17
Section 2. That the City Clerk be and is hereby authorized and directed to publish no-
tice of the public hearing, according to law, together with the required budget infor-
mation.
Passed, approved and adopted this 8th day of September 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Bunker Hill Golf Course Irrigation Phase 2 Project: City Manager recommending
initiation of the public bidding process for the Bunker Hill Irrigation Replacement Phase
2 Project, and further recommends that a public hearing be set for September 21, 2015.
Upon motion the documents were received and filed and Resolution No. 306-15 Prelim-
inary 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 or-
dering the advertisement for bids was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on September 21, 2015 in the Historic Federal Building.
RESOLUTION NO. 306-15
BUNKER HILL IRRIGATION PROJECT PHASE 2 PRELIMINARY APPROVAL OF
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SET-
TING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR
BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Bun-
ker Hill Irrigation Project Phase 2, in the estimated amount $ 175,042, are hereby pre-
liminarily approved and ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 21st day of September, 2015, at 6:30 p.m. in the
Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque,
at which time interested persons may appear and be heard for or against the proposed
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
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 es-
timated cost of the Project.
The Bunker Hill Irrigation Project Phase 2 is hereby ordered to be advertised for bids
for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished 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 28th day of September, 2015. Bids shall be
18
opened and read by the City Clerk at said time and will be submitted to the City Council
for final action at the public hearing at 6:30 p.m. on the 5th day of October, 2015, in the
Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque,
Iowa.
Passed, adopted and approved this 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Sale of Property - 2525 Windsor Avenue: City Manager recommending that a pub-
lic hearing be set September 21, 2015, on the disposal of 2525 Windsor Avenue to Ted
Stackis Construction in accordance with all terms and conditions set forth in the bid
documents and Contract Agreement. Upon motion the documents were received and
filed and Resolution No. 307-15 Resolution of Intent to dispose of an interest in City of
Dubuque real estate, setting a time and place for hearing and providing for the hearing
of notice thereof was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on September 21, 2015 in the Historic Federal Building.
RESOLUTION NO. 307-15
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE,
SETTING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLI-
CATION OF NOTICE THEREOF
Whereas, the City of Dubuque has obtained title to certain real property due to aban-
donment; and
Whereas, such property should be redeveloped and the certain real property is ready
for re -sale; and
Whereas, the City of Dubuque has received a real estate contract for this certain real
property from Ted Stackis Construction; and
Whereas, by accepting the real estate contract, the City of Dubuque's objectives of
increased home ownership and rehabilitation of vacant homes are further realized.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the fol-
lowing legally described property:
Lot 24 in Stafford's Addition to the City of Dubuque, Iowa. (the Property).
Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the
Property to Ted Stackis Construction for the sum of $101.00.
Section 3. That the City Clerk is hereby authorized and directed to cause this
Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a
public hearing on the City's intent to dispose of the Property to be held on the 21St day
of September, 2015, at 6:30 o'clock p.m. at the Historical Federal Building, 250 West
6th Street, Dubuque, Iowa.
Passed, adopted and approved this 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19
6. Voluntary Annexation - Bahl Property: City Manager recommending that a public
hearing be set for October 5, 2015, on the voluntary annexation request from Martin J.
and Linda C. Bahl, and Terrance G. Bahl, for 1.3 acres of their property from Asbury
Road north to Forest Hills Subdivision in the City of Asbury. Upon motion the docu-
ments were received and filed and Resolution No. 308-15 Setting a public hearing on an
application for voluntary annexation of territory to the City of Dubuque, Iowa was adopt-
ed setting a public hearing for a meeting to commence at 6:30 p.m. on October 5, 2015
in the Historic Federal Building.
RESOLUTION NO. 308-15
RESOLUTION SETTING A PUBLIC HEARING ON AN APPLICATION FOR VOLUN-
TARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque has received a written application from Martin J. and
Linda C. Bahl, and Terrance G. Bahl for the voluntary annexation of territory generally
located from Asbury Road north to Forest Hills Subdivision in the City of Asbury; and
Whereas, the annexation territory is not subject to an existing annexation moratorium
agreement and does not include any State or railroad property; and
Whereas, the annexation territory does not abut Dubuque County right-of-way; and
Whereas, Iowa Code section 368.7 authorizes the extension of City limits in situa-
tions of this character by adoption of a resolution after notification and public hearing;
and
Whereas, this annexation is consistent with the City's Comprehensive Plan; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal ser-
vices to the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
A public hearing will be held on the 5th day of October, 2015, at 6:30 p.m. in the His-
toric Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque,
Iowa, at which time interested persons may appear and be heard for or against the pro-
posed annexation, 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 fourteen business days prior to the date of such hearing.
Passed, approved and adopted this 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
Historic Preservation Commission: Two, 3 -year terms through July 1, 2018 (Vacant
At -Large term of Krueger and Old Main District -Interim term of Rapp). Applicants: Susan
Price, 653 % White St. (Qualifies for At -Large); and D. Joseph Rapp, 27 Locust St. (Old
Main District — Interim). Ms. Price spoke in support of her appointment.
20
Environmental Stewardship Advisory Commission: One, 3 -year term through October
1, 2018 (Expired term of Koch). Applicant: David Koch, 1950 Admiral St.
Appointments were made to the following Boards/Commissions.
Arts and Cultural Affairs Advisory Commission: One, 3 -year term through June 30,
2018 (Vacant term of Henkels - Business Professional in the cultural and entertainment
district). Applicant: Matthew Gregory, 1560 Iowa St. Unit 3 (Qualifies for Business Pro-
fessional in the cultural and entertainment district). Motion by Connors to appoint Mat-
thew Gregory to a 3 -year term through June 30, 2018. Seconded by Resnick. Motion
carried 7-0.
Housing Trust Fund Advisory Committee: One, 3 -year term through August 17, 2018
(Vacant term of Holz). Applicant: Jim Holz, 3010 Indiana Court. Motion by Braig to ap-
point Jim Holz to a 3 -year term through August 17, 2018. Seconded by Resnick. Motion
carried 7-0.
Human Right Commission: One, 3 -year term through January 1, 2016 (Vacant term
of Lenhart). Applicants: Sarah Fisher, 3045 Kaufmann; Angela Jones, 2413 Pearl St.
(Additional Applicant); Adrienne Scott, 1365 Solon St. (Additional Applicant); and R.R.S.
Stewart, 460 Summit St. Upon roll -call vote (Fisher — Braig, Sutton, Connors, Jones,
Buol, Lynch), (Scott — Resnick), Sarah Fisher was appointed to a vacant 3 -year term
through January 1, 2016
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
1. Dubuque Industrial Center Economic Development District - Urban Renewal Plan
Amendment: Proof of publication on notice of public hearing to consider approval of an
amended and restated Urban Renewal Plan for the Dubuque Industrial Center Econom-
ic Development District and the City Manager recommending approval. Motion by Lynch
to receive and file the documents and adopt Resolution No. 309-15 Approving the
Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Eco-
nomic Development District. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 309-15
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE
DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT
Whereas, by Resolution 254-15 on July 20, 2015 the City Council of the City of
Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renew-
al Plan for the Dubuque Industrial Center Economic Development District (the "District");
and
Whereas, the Amended and Restated Urban Renewal Plan for the District dated Sep-
tember 8, 2015 is on file in the City Clerk's Office; and
Whereas, the City of Dubuque's primary objective for the Amended and Restated Ur-
ban Renewal Plan for the District is to provide opportunities which will further economic
development purposes and objectives as described in the Urban Renewal Plan; and
21
Whereas, the City Council finds that certain areas adjacent to the District as shown
on the Amended and Restated Urban Renewal Plan for the District meet the definition
of an economic development area in Chapter 403 of the Iowa Code and should be in-
cluded in the District; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has
held a public hearing on the Amended and Restated Urban Renewal Plan after public
notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque In-
dustrial Center Economic Development District is hereby approved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and
directed to file a certified copy of this Resolution in the office of the Dubuque County
Recorder.
Passed, approved and adopted this 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Upper Bee Branch Creek Mississippi River Trail Project: Proof of publication on
notice of public hearing to consider approval of plans, specifications, form of contract
and estimated cost for the Upper Bee Branch Creek Mississippi River Trail Project and
the City Manager recommending approval. Motion by Braig to receive and file the doc-
uments and adopt Resolution No. 310-15 Approval of plans, specifications, form of con-
tract, and estimated cost for the Upper Bee Branch Creek Mississippi River Trail (MRT)
Iowa DOT Project No. SB -IA -2100(675)-7T-31. Seconded by Resnick. Motion carried
7-0.
RESOLUTION NO. 310-15
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE UPPER BEE BRANCH CREEK MISSISSIPPI RIVER TRAIL
(MRT) IOWA DOT PROJECT NO. SB -IA -2100(675)-7T-31
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
Upper Bee Branch Creek Mississippi River Trail (MRT), in the estimated amount
$2,125,776.00, are hereby approved.
Passed, adopted and approved this 8th day of September, 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. Appeal of Historic Preservation Commission Action - 100 Main Street: Joe Zwack
filing an appeal of a Historic Preservation Commission action denying the addition of
22
balconies at his business, Lot 1, 100 Main Street. Restated motion by Connors to re-
ceive and file the documents and concur with the denial as decided by the Historic
Preservation Commission. Seconded by Resnick. Motion carried 7-0.
2. Greater Dubuque Development Corporation - Quarterly Update: President and
CEO Rick Dickinson provided a verbal report on the activities of the Greater Dubuque
Development Corporation. Mr. Dickinson highlighted business retention and expansion,
human capital/workforce solutions, recruitment/jobs, sustainable innovations, new job
creation through Start -Up Dubuque, and the NEXT Campaign. Mr. Dickinson addressed
questions regarding business properties along Kerper Blvd. Motion by Lynch to receive
and file the information. Seconded by Jones. Motion carried 7-0.
3. Annexation and Roadway Improvement Agreement with the City of Asbury: City
Manager recommending approval of an Annexation and Roadway Improvement
Agreement between the City of Asbury and the City of Dubuque related to properties
owned by Stephen Kelley and Martin, Linda and Terrence Bahl. Motion by Braig to re-
ceive and file the documents and adopt Resolution No. 311-15 Approving the Annexa-
tion and Roadway Improvement Agreement between the City of Asbury and the City of
Dubuque, Iowa. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 311-15
APPROVING THE ANNEXATION AND ROADWAY IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF ASBURY AND THE CITY OF DUBUQUE, IOWA
Whereas, the City Clerk of the City of Dubuque has received an Annexation and
Roadway Improvement Agreement from the City of Asbury to provide for the City of As-
bury to annex the Kelley property and the City of Dubuque to annex the Bahl property,
and for the cost sharing of roadway improvements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the Annexation and Roadway Agree-
ment between the City of Asbury and the City of Dubuque to provide for the City of As-
bury annexing the Kelley property, and the City of Dubuque annexing the Bahl property,
and the cost sharing of roadway improvement costs.
Section 2. The Mayor and City Clerk are hereby authorized to sign the Agreement on
behalf of the City of Dubuque, Iowa.
Passed, approved and adopted this 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Severance Request - Kelley Property: City Manager recommending approval of a
Severance Petition from Stephen Kelley, 6900 Asbury Road, to facilitate annexation of
the property to the City of Asbury. Motion by Connors to receive and file the documents
and adopt Resolution No. 312-15 Approving severance of certain territory from the City
of Dubuque. Seconded by Lynch. Motion carried 7-0.
23
RESOLUTION NO. 312-15
APPROVING SEVERANCE OF CERTAIN TERRITORY FROM THE CITY OF DUBU-
QUE
Whereas, Stephen D. Kelley, the property owner, has submitted a petition for volun-
tary severance of approximately 0.67 acre of land within the corporate limits of the City
of Dubuque; and
Whereas, the territory is not subject to an annexation moratorium agreement; and
Whereas, the territory does not include any State or railroad property; and
Whereas, Chapter 368 of the Iowa Code authorizes the adjustment of corporate limits
through voluntary severance by resolution of the City Council; and
Whereas, Chapter 368 of the Iowa Code requires concurrent annexation by the City
of Asbury to avoid creation of an island; and
Whereas, this severance is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the petition of Stephen D. Kelley, the property owner, for voluntary
severance of approximately 0.67 acre of land of territory from the City of Dubuque is
hereby approved, and the territorial limits of Dubuque, Iowa, be, and they hereby are
adjusted to sever the property legally described as:
Lot 1 Potts Place lying outside Asbury city limits, in Section 19, T89N, R2E and in-
cluding to the centerline of the adjoining public right-of-way.
Section 2. That, subject to the approval of the Secretary of State, the corporate limits
of the City of Dubuque, Iowa, be and they hereby are adjusted to sever the approxi-
mately 0.67 acre of severance territory as shown on Exhibit A.
Section 3. The territory hereby severed shall be annexed concurrently by the City of
Asbury, Iowa.
Section 4. That the City Clerk shall file this resolution, all exhibits and the petition for
voluntary severance in accordance with the Code of Iowa.
Passed, approved and adopted this 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Water & Resource Recovery Center - Nutrient Reduction Plan: City Manager rec-
ommending approval of the draft Nutrient Reduction Strategy for the Water & Resource
Recovery Center prepared by Strand Engineers and Associates and to recommend au-
thorization for Strand to submit the plan to Iowa Department of Natural Resources
(IDNR). Motion by Jones to receive and file the documents and adopt Resolution No.
313-15 Authorizing Strand Associates of Madison, Wisconsin, to submit to the Iowa De-
partment of Natural Resources the Water & Resource Recovery Center Nutrient Reduc-
tion Plan. Seconded by Connors. W&RRC Manager Jonathan Brown and Randy Wirtz
of Strand Associates, Inc., provided a slide presentation on the history of the W&RRC
renovation project and the background and regulations related to the Nutrient Reduction
Plan. Motion carried 7-0.
24
RESOLUTION NO. 313-15
AUTHORIZING STRAND ASSOCIATES OF MADISON, WISCONSIN TO SUBMIT TO
THE IOWA DEPARTMENT OF NATURAL RESOURCES THE WATER & RESOURCE
RECOVERY CENTER NUTRIENT REDUCTION PLAN
Whereas, the NPDES permit issued to the Water & Resource Recovery Center in
October 2013 required the development of a Nutrient Reduction Plan to be submitted to
the Iowa Department of Natural Resources by October 1, 2015 and that this plan has
been developed by Strand Associates of Madison, WI.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That Strand Associates of Madison, WI is authorized to submit a Nutrient Reduction
plan for the City of Dubuque Water & Resource Recovery Center on behalf of the City of
Dubuque Water & Resource Recovery Center.
Passed, approved and adopted this 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Roadway Improvement Project at John F. Kennedy Road and West 32nd Street:
City Manager recommending approval of an Agreement with developer Kivlahan Farms
L.C. for construction of public roadway improvements at the intersection of JFK Road
and West 32nd Street. Motion by Lynch to receive and file the documents and adopt
Resolution No. 314-15 Approving an Agreement for Construction of Roadway Improve-
ments at JFK Road and West 32nd Street between the City of Dubuque, Iowa and Kivla-
han Farms, L.C. Seconded by Connors. Connors suggested that staff review the traffic
congestion at the intersection during the construction period. Motion carried 7-0.
RESOLUTION NO. 314-15
APPROVING AN AGREEMENT FOR CONSTRUCTION OF ROADWAY IMPROVE-
MENTS AT JFK ROAD AND WEST 32ND STREET BETWEEN THE CITY OF DUBU-
QUE, IOWA AND KIVLAHAN FARMS L.C.
Whereas, the City of Dubuque is party to an Agreement with Kivlahan Farms L.C. for
construction of public roadway improvements at JFK Rd. and West 32nd St. dated April
17, 2015; and
Whereas, the City of Dubuque has determined that the project will require certain im-
provements to the public right of way and Kivlahan Farms L.C. agrees that such im-
provements are reasonable and necessary; and
Whereas, the City of Dubuque has reviewed and approved the design and construc-
tion plans for said public roadway improvements as required by the Agreement; and
Whereas, Kivlahan Farms L.C. has executed the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Agreement attached hereto is hereby approved.
Section 2. The Mayor is authorized and directed to execute the Agreement on behalf
of the City of Dubuque
25
Passed, approved, and adopted this 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Environmental Covenant - Old City Garage (PNG) Site: City Manager recommend-
ing approval of a resolution approving an Environmental Covenant and Termination and
Release of Property Restriction for the old City Garage site, formerly People Natural
Gas. Motion by Connors to receive and file the documents and adopt Resolution No.
315-15 Approving an Environmental Covenant and Termination and Release of Proper-
ty Restriction for the old City Garage site, formerly Peoples Natural Gas at 925 Kerper
Boulevard, Dubuque, Iowa. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 315-15
APPROVING AN ENVIRONMENTAL COVENANT AND TERMINATION AND RE-
LEASE OF PROPERTY RESTRICTION FOR THE OLD CITY GARAGE SITE, FOR-
MERLY PEOPLES NATURAL GAS AT 925 KERPER BOULEVARD, DUBUQUE, IO-
WA
Whereas, the City of Dubuque is the current owner of environmentally contaminated
property with a local address of 925 Kerper Boulevard, Dubuque, Iowa, which property
was previously owned by Peoples Natural Gas, who among others, contributed to the
contamination of the site, commonly known as the Peoples Natural Gas Site (the Site);
and
Whereas, the U.S. Environmental Protection Agency (EPA) previously required the
City of Dubuque to place intuitional controls on the Site in the form of a deed restriction,
which was recorded in 1991; and
Whereas, EPA has requested that the deed restriction be removed from the property,
as it is EPA's intent for an environmental covenant to replace the deed restriction as the
sole institutional control on the Site; and
Whereas, City has negotiated the attached Environmental Covenant with EPA; and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque
to approve the Environmental Covenant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Environmental Covenant and Termination and Release of Property
Restriction attached hereto are hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the Environmental
Covenant and Termination and Release of Property Restriction on behalf of the City of
Dubuque.
Section 3. The City Manager is authorized to take such action is may be necessary
and convenient to implement the Environmental Covenant and Termination and Re-
lease of Property Restriction.
Passed, approved and adopted this 8th day of September, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
26
8. Mission of Mercy Dental Clinic: City Manager recommending City support for the
Iowa Mission of Mercy Dental Clinic event sponsored by the Iowa Dental Foundation
and scheduled for September 2016 at Five Flags Center (Dates to be confirmed). Mo-
tion by Jones to receive and file the documents and approve the recommendation. Se-
conded by Connors. Dr. Heyo Tjarks, DDS; and Dr. Marty Averill, DDS, thanked the City
Council and provided background information about the clinic and showed a video of a
recent clinic event. Motion carried 7-0.
9. Code of Ordinances Amendment - Industrial Center West Urban Renewal: City
Manager recommending approval of an amendment to the tax increment ordinance for
the Dubuque Industrial Center Economic Development District that would allow tax in-
crement financing to be used in the new Subarea G. 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. 55-15 Amend-
ing Ordinance No. 39-15, Previously Amended, providing that general property taxes
levied and collected each year on all property located within the Amended And Restated
Dubuque Industrial Center Economic Development District Urban Renewal Area of the
City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State
of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and
other taxing districts, be paid to a special fund for payment of principal and interest on
loans, monies advanced to and indebtedness, including bonds issued or to be issued,
incurred by said City in connection with the Amended and Restated Dubuque Industrial
Center Economic Development District Urban Renewal Redevelopment Project. Se-
conded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 55-15
AMENDING ORDINANCE NO. 39-15, PREVIOUSLY AMENDED, PROVIDING THAT
GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE IN-
DUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL
AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY
AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY
OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING
DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND
INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUD-
ING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNEC-
TION WITH THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER
ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT
PROJECT
Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industri-
al Center Economic Development District Urban Renewal Project Area described in
Resolution No. 130-88 was adopted on May 2, 1988 and was thereafter amended and
restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on
27
April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution No. 15-08 on
January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on
April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution No. 171-13 on June
3, 2013, Resolution No. 197-15 on June 1, 2015 and Resolution No. 309-15 on Sep-
tember 8, 2015; and
Whereas, the City Council of the City of Dubuque, Iowa originally provided for the di-
vision of taxes pursuant to Section 403.19 of the Code of Iowa within the Dubuque In-
dustrial Center Economic Development District Urban Renewal Project Area in Ordi-
nance No. 26-88 passed and approved on May 2, 1988 and thereafter amended and
restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on
November 17, 1997, by Ordinance No. 70-08 on October 20, 2008, by Ordinance No.
10-14 on February 3. 2014, by Ordinance No. 39-15 on June 1, 2015; and
Whereas, indebtedness has been incurred by the City, and additional indebtedness
is anticipated to be incurred in the future, to finance urban renewal project activities
within the Amended and Restated Dubuque Industrial Center Economic Development
District, and the continuing needs of redevelopment within the Amended and Restated
Dubuque Industrial Center Economic Development District are such as to require the
continued application of the incremental tax resources of the Amended and Restated
Dubuque Industrial Center Economic Development District; and
Whereas, the following enactment is necessary to accomplish the objectives de-
scribed in the premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Ordinance Number 39-15 is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the follow-
ing meanings:
(a) Original Project Area shall mean that portion of the City of Dubuque, Iowa
described in the Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District Urban Renewal Area approved by Resolution No. 130-88 on
May 2, 1988, and subsequently amended by Resolution No. 484-90 on December
17, 1990, which Original Project Area includes the lots and parcels located within
the area now legally described as follows:
All of the Dubuque Industrial Center First, Second, Third, Fourth, Fifth, Sixth,
Seventh, Eighth, Ninth, Tenth and Eleventh Additions and the adjoining public
right-of-way, all in the City of Dubuque, Dubuque County, Iowa.
The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan
hereinafter described.
(b) Subarea B shall mean that portion of the City of Dubuque, Iowa described
as Subarea B in the Amended and Restated Urban Renewal Plan for the Dubuque
Industrial Center Economic Development District Urban Renewal Area approved
by Resolution No. 478-97 on November 17, 1997, and subsequently amended by
Resolution No. 15-08 on January 7, 2008, which Subarea B includes the lots and
parcels located within the area legally described as follows:
Lots 1, 3, 4, 1 of 5, 6 and H of Dubuque Industrial Center West; and
Lots 1, 2, 3, 4, 5, 6, 7, 8, and C of Dubuque Industrial Center West 2nd Addi-
tion; and
28
Lots 1, 2, 3, 4, B, and C of Dubuque Industrial Center West 4th Addition; and
Lots 1 of 1, 1 of 2, 2 of 2, 1 of 3, 2 of 3, 1 of 5, A, C, and D of Dubuque Industri-
al Center West 5th Addition; and
Lots 1, 2, and A of Dubuque Industrial Center West 6th Addition; and
Lots 1, 1 of 2, and 2 of 2 of Dubuque Industrial Center West 7th Addition; and
Lot 2 of 1 of the Southwest Quarter of the Southwest Quarter and Lot 2 of 1 of
the Southeast Quarter of the Southwest Quarter all in Section 30, Township 89
North, Range 2 East, 5th Principal Meridian;
and all that part of a 100-foot-wide strip of the Chicago Central Pacific Railroad
right-of-way lying in the SE 1/4 of Section 30, the SE 1/4 of the SW 1/4 of Sec-
tion 30, the NW 1/4 of Section 31, and the NE 1/4 of Section 31 all in T89N,
R2E, of the 5th P.M. Dubuque County, Iowa, the centerline of which is more
particularly described as follows: beginning at a point of intersection with the
easterly line of the SE 1/4 of Section 30, T89N, R2E, of the 5th P.M., thence
southwesterly along the centerline of said railroad 2,700 feet, more or less a
point of intersection with the westerly line of the SE 1/4 of said Section 30;
thence southwesterly continuing along said centerline 845 feet, more or less, to
a point where the railroad right-of-way widens to 200 feet, said point being the
terminus of this description; and
all that part of a 100-foot-wide strip of the Chicago Central Pacific Railroad
right-of-way lying in the Balance of Lot 1 of 1 of the Southwest Quarter of the
Southwest Quarter in Section 29, Township 89 North, Range 2 East, 5th Princi-
pal Meridian; and
any adjoining public street right-of-way all in the City of Dubuque, Dubuque
County, Iowa.
(c) Subarea C shall mean that portion of the City of Dubuque, Iowa described
as Subarea C in the Amended and Restated Urban Renewal Plan for the Dubuque
Industrial Center Economic Development District Urban Renewal Area approved
by Resolution No. 101-08 on March 17, 2008, which Subarea C includes the lots
and parcels located within the area legally described as follows:
Lot 1-1 NW 1/4-NE 1/4; Lot 2 of E 10 acres NE 1/4-NW 1/4; Lot 2-1 NW 1/4-NE
1/4; Lot 2 NW 1/4-NE 1/4; Lot 1 E 1/4 NE 1/4-NW 1/4; W 3/4 NE 1/4-NW 1/4;
Lot 2-1 SE 1/4-NW 1/4; Lot 1-1 SE 1/4-NW 1/4; and the SW 1/4-NE 1/4 all in
Section 30, Township 89 North, Range 2 East, 5th Principal Meridian; and any
adjoining public street right-of-way in the City of Dubuque, Dubuque County.
(d) Subarea D shall mean that portion of the City of Dubuque, Iowa described
as Subarea D in the Amended and Restated Urban Renewal Plan for the Dubuque
Industrial Center Economic Development District Urban Renewal Area approved
by Resolution No. 109-08 on April 7, 2008, which Subarea D includes the lots and
parcels located within the area legally described as follows:
Lot 4 of Dubuque Industrial Center West 5th Addition, and Lot B of Dubuque In-
dustrial Center West 5th Addition in the City of Dubuque, Iowa.
(e) Subarea E shall mean that portion of the City of Dubuque, Iowa described
as Subarea E in the Amended and Restated Urban Renewal Plan for the Dubuque
Industrial Center Economic Development District Urban Renewal Area approved
29
by Resolution No. 87-11 on March 7, 2011, which Subarea E includes the lots and
parcels located within the area legally described as follows:
All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1, including
any adjoining public street right-of-way to said lots, all in the City of Dubuque,
Dubuque County, Iowa, and;
All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of
South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary
lines of Lot H of Dubuque Industrial Center West and Lot 1 of Dubuque Indus-
trial Center West 2nd Addition in the City of Dubuque, Dubuque County, Iowa,
including crossings at the intersections of Old Highway Road and Chicago Cen-
tral & Pacific Railroad rights-of-way.
(f) Subarea F shall mean that portion of the City of Dubuque, Iowa, and Dubu-
que County described as Subarea F in the Amended and Restated Urban Renew-
al Plan for the Dubuque Industrial Center Economic Development District Urban
Renewal Area approved by Resolution No. 197-15 on June 1, 2015, which Subar-
ea F includes the lots and parcels located within the area legally described as fol-
lows:
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, Sec-
tion 25, Township 89 North , Range 1 East of the 5th Principal Meridian, in Cen-
ter Township , Dubuque County , Iowa;
Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque Coun-
ty, Iowa, 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
(g) Subarea G shall mean that portion of the City of Dubuque, Iowa, and Dubu-
que County described as Subarea G in the Amended and Restated Urban Re-
newal Plan for the Dubuque Industrial Center Economic Development District Ur-
ban Renewal Area approved by Resolution No. 309-15 on September 8, 2015,
which Subarea G includes the lots and parcels located within the area legally de-
scribed as follows:
The South one-half of the Northwest Quarter of Section 29, Township 89 North,
Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29,
Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of
Dubuque, Iowa.
Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa.
Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Sec-
tion 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the
City of Dubuque, Iowa.
Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section
29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City
of Dubuque, Iowa.
All in the City of Dubuque, Dubuque County, Iowa.
30
(h) Amended Project Area shall mean that portion of the City of Dubuque, Iowa
and Dubuque County included within the Original Project Area, Subarea B, Subar-
ea C, Subarea D, Subarea E, Subarea F and Subarea G, each as described in this
Section.
(i) Urban Renewal Plan shall mean the Amended and Restated Urban Renewal
Plan adopted for the Amended Project Area by Resolution No. 309-15 on Septem-
ber 8, 2015, and any subsequent amendments that may occur.
Section 2: The taxes levied on the taxable property in the Amended Project Area,
and each subarea thereof, legally described in Section 1 hereof, by and for the benefit
of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School
District, and all other taxing districts from and after the effective date of this Ordinance
shall be divided as hereinafter in this Ordinance provided.
Section 3: As to the Original Project Area, that portion of the taxes which would be
produced by the rate at which the tax is levied each year by or for each of the taxing dis-
tricts taxing property in the Original Project Area upon the total sum of the assessed
value of the taxable property in the Original Project Area as shown on the assessment
roll as of January 1, 1987, being the first day of the calendar year preceding the effec-
tive date of Ordinance No. 26-88, shall be allocated to and when collected be paid into
the fund for the respective taxing district as taxes by or for said taxing district into which
all other property taxes are paid. The taxes so determined shall be referred herein as
the "base period taxes" for such Subarea.
As to Subarea B, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 1996, being the as-
sessment roll applicable to property in such Subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 66-97.
As to Subarea C, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2007, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 70-08.
As to Subarea D, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2007, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 70-08.
As to Subarea E, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2013, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No.10-14.
As to Subarea F, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2014, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 39-15.
As to Subarea G, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2014, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of this Ordinance.
31
Section 4: That portion of the taxes each year in excess of the base period taxes for
the Amended Project Area, determined for each sub -area thereof as provided in Section
3 of this Ordinance, shall be allocated to and when collected be paid into the special tax
increment fund previously established by the City of Dubuque to pay the principal of and
interest on loans, monies advanced to, or indebtedness, whether funded, refunded, as-
sumed or otherwise, including bonds issued under authority of Section 403.9 or Section
403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or re-
finance, in whole or in part, urban renewal projects undertaken within the Amended Pro-
ject Area pursuant to the Urban Renewal Plan, except that taxes for the regular and
voter -approved physical plant and equipment levy of a school district imposed pursuant
to Section 298.2 of the Code of Iowa and taxes for the instructional support program of
a school district imposed pursuant to Section 257.19 (but in each case only to the extent
required under Section 403.19(2)), taxes for the payment of bonds and interest of each
taxing district, and taxes imposed under Section 346.77 (22) related to joint county -city
buildings, shall be collected against all taxable property within the Amended Project Ar-
ea without any limitation as hereinabove provided.
Section 5: Unless or until the total assessed valuation of the taxable property in the
subareas of the Amended Project Area exceeds the total assessed value of the taxable
property in said subareas shown by the assessment rolls referred to in Section 3 of this
Ordinance, all of the taxes levied and collected upon the taxable property in the
Amended Project Area shall be paid into the funds for the respective taxing districts as
taxes by or for the taxing districts in the same manner as all other property taxes.
Section 6: At such time as the loans, monies advanced, bonds and interest thereon
and indebtedness of the City of Dubuque referred to in Section 4 hereof have been
paid, all monies thereafter received from taxes upon the taxable property in the Amend-
ed Project Area shall be paid into the funds for the respective taxing districts in the
same manner as taxes on all other property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall
be construed so as to continue the division of taxes from taxable property in the
Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as
authorized in Ordinance No. 39-15, and to fully implement the division of taxes in Sub-
area G of the Amended Project Area. In the event that any provision of this Ordinance
shall be determined to be contrary to law it shall not affect other provisions or applica-
tion of this Ordinance which shall at all times be construed to fully invoke the provisions
of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and
the subareas contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and pub-
lication as provided by law.
Passed and approved this 8th day of September, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
READ FIRST TIME: September 8, 2015
PASSED AND APPROVED: September 8, 2015
32
Published officially in the Telegraph Herald newspaper on the 11th day of September,
2015.
/s/Kevin S. Firnstahl, City Clerk
10. Code of Ordinances Amendment - Title 2 Civil Service Commission: City Manag-
er recommending approval of an ordinance amendment which establishes the Civil Ser-
vice Commission and provides for the powers, operation, membership and meetings.
Motion by Connors 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 Lynch. Mo-
tion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 56-15
Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions by
Repealing Chapter 2 Civil Service Commission and Adopting a New Chapter 2 Civil
Service Commission in Lieu Thereof Establishing the Civil Service Commission and
Providing for the Powers, Operation, Membership, and Meetings. Seconded by Lynch.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 56-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS BY REPEALING CHAPTER 2 CIVIL SERVICE COMMISSION AND
ADOPTING A NEW CHAPTER 2 CIVIL SERVICE COMMISSION IN LIEU THEREOF
ESTABLISHING THE CIVIL SERVICE COMMISSION AND 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. Title 2, Chapter 2 of the City of Dubuque Code of Ordinances is hereby
repealed and the following adopted in lieu thereof:
Chapter 2
CIVIL SERVICE COMMISSION
2-2-1: Commission Created: There is hereby created the Civil Service Commission.
2-2-2: Purpose: The purpose of the commission is to conduct entrance examinations,
conduct promotional examinations, and act as an appeals board as provided in Chapter
400 of the Iowa Code.
2-2-3: Internal Organization and Rules: The commission may adopt rules and regula-
tions to govern its organizational procedures as may be necessary and which are not in
conflict with this Code of Ordinances or the Iowa Code.
2-2-4: Procedures for Operation: All administrative, personnel, accounting, budget-
ary, and procurement policies of the city govern the commission in all its operations.
2-2-5: Membership:
A. The commission comprises three (3) residents of the city, appointed by the
mayor with the concurrence of the city council.
B. Residents must be eighteen (18) years of age or older.
C. Special Qualifications:
33
1. Commissioners must be citizens of Iowa, eligible electors as defined in the
Iowa Code, and may not hold or be a candidate for any office of public trust.
2. The human rights director shall, ex officio, be a member, without vote.
3. Commissioners may not do any of the following:
a. Sell, or in any manner become parties, directly or indirectly, to any contract
to furnish supplies, material, or labor to the city unless the sale is made or
the contract is awarded by competitive bid in writing, publicly invited and
opened.
b. Have an interest, direct or indirect, in any contract or job of work or materi-
al or the profits thereof or services to be furnished or performed for the city
unless the contract or job is awarded by competitive bid in writing, publicly
invited and opened.
D. Membership on the commission must comply with the provisions of Iowa Code
§69.16A, relating to gender balance. No person may be appointed or reappointed
to the commission if that appointment or reappointment would cause the number
of members of one gender to be greater than one-half ('/2) of the membership of
the commission plus one (1). If the city has made a good faith effort to appoint a
qualified person to fill a vacancy on the commission for a period of three (3)
months but has been unable to make a compliant appointment, the city must uti-
lize a fair and unbiased method of selecting the best qualified applicants.
2-2-6: Oath: Each person, upon appointment or reappointment to the commission,
must execute an oath of office at the first meeting of the commission following the ap-
pointment or reappointment or at the city clerk's office any time prior to the first meeting
of the commission.
2-2-7: Terms: The term of office for commissioners is four (4) years or until such
commissioner's successor is appointed and qualified.
2-2-8: Vacancies: Vacancies must be filled in the same manner as original appoint-
ments.
2-2-9: Officers/Organization: The commissioners must choose annually a chairperson
and vice-chairperson, each to serve a term of one (1) year. The city clerk, or the city
clerk's designee, is the clerk of the commission. The commissioners must fill a vacancy
among its officers for the remainder of the officer's unexpired term.
2-2-10: MEETINGS:
A. Meetings: Meetings may be called by the chairperson or at the written request
of a majority of the commissioners.
B. Open Meetings: All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
C. Attendance.
1. In the event a commissioner has been absent for three (3) or more consecu-
tive meetings of the commission, without being excused by the chairperson,
such absence will be grounds for the commission to recommend to the city
council that the position be declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes. A copy of the minutes of all regular and special meetings of the com-
mission must be filed with the city council within ten (10) working days after each
34
meeting, or by the next regularly scheduled city council meeting, whichever is lat-
e r.
E. Quorum. Two (2) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and vot-
ing is necessary for the adoption of any motion or resolution.
2-11-11: Compensation: Commissioners serve without compensation, provided that
they may receive reimbursement for necessary travel and other expenses while on offi-
cial commission business within the limits established in the city administrative policies
and budget.
2-2-12: Removal: The mayor may remove any commissioner for cause upon written
charges and after public hearing.
2-2-13: Powers: The commission has the powers, duties, and responsibilities as out-
lined in Chapter 400 of the Iowa Code.
2-2-14: CITY COUNCIL TO FURNISH MEETING ROOM, EQUIPMENT, RECORD-
ER: The city council must provide suitable rooms in which the commission may hold its
meetings and supply the commission with all necessary equipment and a qualified
shorthand reporter to enable it properly to perform its duties.
2-2-15: RECORD OF MEETINGS AND PERSONNEL: The commission must keep a
record of all its meetings and also a complete individual service record of each civil ser-
vice employee which record must be permanent and kept up to date.
2-2-16: EXAMINATION OF APPLICANTS: Examinations for the positions in the city
civil service are to be applicable and required of all applicants in accordance with the
Iowa Code.
2-2-17: CONDUCT OF EXAMINATIONS; CERTIFICATION OF QUALIFIED PER-
SONS: The commission must conduct examinations in accordance with the provisions
of the laws of the state relative thereto, and for the purpose of determining the qualifica-
tions of applicants for positions under civil service, and must duly certify to the city
council a list of the qualified persons as set forth in the Iowa Code.
2-2-18: PROCEDURE FOR CONDUCT OF HEARING APPEALS:
Notwithstanding Chapter 1 of this Title, the commission may adopt its own rules gov-
erning the procedure for the conduct of hearing appeals.
Section 2. Nothing herein effects the term of any person serving as a commissioner
as of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 8th day of September, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 11th day of September,
2015.
/s/Kevin S. Firnstahl, City Clerk
11. Code of Ordinances Amendment - Title 2 Sister City Relationships Advisory
Commission: City Manager recommending approval of an ordinance which adds a new
Title 2, Chapter 9 which establishes the Sister City Relationship Advisory Commission
and provides for the powers, operation, membership and meetings. Motion by Lynch to
35
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 Lynch for final consideration and passage of Ordinance No. 57-15 Amend-
ing City of Dubuque Code of Ordinances Title 2 Boards and Commissions by Repealing
Chapter 9 Sister City Relationships Advisory Commission and Adopting a New Chapter
9 Sister City Relationships Advisory Commission in Lieu Thereof Establishing the Sister
City Relationships Advisory Commission and Providing for the Powers, Operation,
Membership, and Meetings. Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 57-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS BY REPEALING CHAPTER 9 SISTER CITY RELATIONSHIPS AD-
VISORY COMMISSION AND ADOPTING A NEW CHAPTER 9 SISTER CITY RELA-
TIONSHIPS ADVISORY COMMISSION IN LIEU THEREOF ESTABLISHING THE
SISTER CITY RELATIONSHIPS ADVISORY COMMISSION AND 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. Title 2, Chapter 9 of the City of Dubuque Code of Ordinances is hereby
repealed and the following adopted in lieu thereof:
Chapter 9
SISTER CITY RELATIONSHIPS ADVISORY COMMISSION
2-9-1: Commission Created: There is hereby created the Sister City Relationships
Advisory Commission.
2-9-2: Purpose: The purpose of the commission is to facilitate and maintain educa-
tional, economic, and cultural exchanges with the city's officially recognized international
sister cities; to explore potential relationships with cities where a sister city relationship
may be mutually beneficial; and to engage partnerships with the business community,
cultural entities, and education institutions that will enhance sister city relationships.
2-9-3: Internal Organization and Rules: The commission may adopt rules and regula-
tions to govern its organizational procedures as may be necessary and which are not in
conflict with this Code of Ordinances or the Iowa Code.
2-9-4: Procedures for Operation: All administrative, personnel, accounting, budget-
ary, and procurement policies of the city govern the commission in all its operations.
2-9-5: Membership:
A. The commission comprises thirteen (13) residents of the city, appointed by the
city council.
B. Residents must be eighteen (18) years of age or older.
C. Special Qualifications.
1. Two (2) members must be city council members.
2. Eleven (11) members must be at large residents of the city.
2-9-6: Oath: Each person, upon appointment or reappointment to the commission,
must execute an oath of office at the first meeting of the commission following the ap-
36
pointment or reappointment or at the city clerk's office any time prior to the first meeting
of the commission.
2-9-7: Terms: The term of office for commissioners is three (3) years or until such
commissioner's successor is appointed and qualified.
2-9-8: Vacancies: Vacancies must be filled in the same manner as original appoint-
ments.
2-9-9: Officers/Organization: The commissioners must choose annually two (2) per-
sons to serve as facilitators, each to serve a term of one (1) year. The city manager
must appoint a city staff person to serve as secretary. The commissioners must fill a va-
cancy among its officers for the remainder of the officer's unexpired term.
2-9-10: MEETINGS:
A. Regular Meetings. The commission must meet quarterly.
B. Special Meetings. Special meetings may be called by the facilitators or at the
written request of three (3) commissioners.
C. Open Meetings. All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
D. Attendance.
1. In the event a commissioner has been absent for three (3) or more consecu-
tive meetings of the commission, without being excused by the facilitators, such
absence will be grounds for the commission to recommend to the city council
that the position be declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes. A copy of the minutes of all regular and special meetings of the com-
mission 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 lat-
e r.
F. Quorum. Six (6) commissioners constitute a quorum for the transaction of busi-
ness. The affirmative vote of a majority of the commissioners present and voting is
necessary for the adoption of any motion or resolution.
2-9-11: Compensation: Commissioners serve without compensation, provided that
they may receive reimbursement for necessary travel and other expenses while on offi-
cial commission business within the limits established in the city administrative policies
budget.
2-9-12: Removal: Except as provided in 2-9-10(D)(1), the city council may remove
any commissioner for good cause.
2-9-13: Powers: The commission has the following powers, duties, and responsibili-
ties:
A. To recommend to the city council the official acknowledgement of or absolving
of a sister city relationship.
B. To facilitate and maintain the exchange of information by and between the city
and its sister cities through, but not limited to, correspondence, delegation visits,
and event planning.
Section 2. Nothing herein effects the term of any person serving as a commissioner
as of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
37
Passed, approved, and adopted the 8th day of September, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 11th day of September,
2015.
/s/Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Council Member Connors, with additional comments from the entire Council, reported
on the peace rally held on September 5 at Jackson Park in memory of Nancy Krapfl.
Mayor Buol reported on the citizen petition he received requesting additional lighting
in the Jackson Park neighborhood. The City Council concurred that staff should review
the issue and report with recommendations at the October 5, 2015 City Council meet-
ing.
Council Member Sutton thanked the parks and recreation staff for all their help with
the numerous recent special events.
CLOSED SESSION
Motion by Jones at 8:24 p.m. to convene in closed session to discuss pending litiga-
tion and property Acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second-
ed by Braig. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 8:57 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:58 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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