4 17 17 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on April 17, 2017 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Resnick, Rios; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Lynch
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
1. Dubuque Eagles' Eyes on the Future: Michael Duehr of the Fraternal Order of Ea-
gles introduced 14 members of the Eyes on the Future Youth Committee with mention to
those unable to attend.
PROCLAMATION(S)
1. Arbor Day (April 28, 2017) was accepted by Laura Roussel!, 3224 Bittersweet Ln.,
with representatives of Dubuque Trees Forever.
2. Dubuque Days of Caring (April 28, 2017) was accepted by Dubuque Days of Caring
Chairperson Jessy Ehrlich.
CONSENT ITEMS
Motion by Connors to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Jones. Council Member Resnick requested #11 U.S.
Postal Service Parking Purchase Agreement be held for separate discussion. Motion car-
ried 6-0.
1. Minutes and Reports Submitted: Cable TV Commission of 4/5; City Council Pro-
ceedings of 4/3, 4/10; Five Flags Civic Center Commission of 3/27; Historic Preservation
Commission of 3/16; Human Rights Commission of 3/13; Long Range Planning Advisory
Commission of 3/15; Resilient Community Advisory Commission of 4/6; Zoning Advisory
Commission of 4/5; Proof of Publication for City Council. Proceedings of 3/20. Upon mo-
tion the documents were received and filed.
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2. Notice of Claims and Suits: Lindsy Nadermann for property damage; Gene Allen
Ninneman for property damage; and Jade Wiegel for vehicle damage. Upon motion the
documents were received and 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: Lindsy Nadermann for property damage; Gene Ninneman for property
damage; and Jade Wiegel for vehicle damage. Upon motion the documents were re-
ceived, filed and concurred.
4. Bee Branch Creek Grand Opening Invitation: City Manager providing the invitation
for the Bee Branch Creek grand opening on Wednesday, July 19, 2017 at the Bee Branch
Amphitheater. Upon motion the document was received and filed.
5. Consent Decree Semi Annual Report March 31, 2017: City Manager transmitting
the March 31, 2017 Semi Annual Consent Decree Report that has been submitted to the
United State Environmental Protection Agency as required by the Consent Decree. Upon
motion the documents were received and filed.
6. Request for Proposal - Water Meter Replacement Project - Vernon Water System
and Barrington Lakes Subdivision: City Manager recommending approval to issue a Re-
quest for Proposal for the Westside Water System Improvements, Water Meter Replace-
ment Project that would solicit bids from Iowa licensed plumbing contractors to replace
the existing approximately 320 water meters with the current City of Dubuque water meter
system hardware in Cedar Crest, Key City, Wildwood Estates Subdivisions (known as the
Vernon Water System) and Barrington Lakes Subdivision.
7. Greater Downtown Urban Renewal District Amendment - Resolution Nunc Pro Tunc:
City Manager recommending approval of a Resolution correcting the legal description in
the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Re-
newal District adopted March 6, 2017. Upon motion the documents were received and
filed and Resolution No. 90-17A Nunc Pro Tunc correcting and amending a scrivener's
error in certain legal descriptions included in the Amended and Restated Urban Renewal
Plan for the Greater Downtown Urban Renewal District was adopted.
RESOLUTION NO. 90-17-A
RESOLUTION NUNC PRO TUNC CORRECTING AND AMENDING A SCRIVENER'S
ERROR IN CERTAIN LEGAL DESCRIPTIONS INCLUDED IN THE AMENDED AND
RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN
RENEWAL DISTRICT
Whereas, by Resolution No. 90-17, adopted March 6, 2017, this Council found and
determined that certain areas located within the City are eligible and should be designated
as an urban renewal area under Iowa law, and approved and adopted the Amended and
Restated Urban Renewal Plan (the "Urban Renewal Plan" or "Plan") for the Greater
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Downtown Urban Renewal District (the "Urban Renewal District" or "District") described
therein; and
Whereas, the Urban Renewal Plan approved and adopted by Resolution No. 90-17
contained a scrivener's error in the legal description of the Industrial Harbor Subarea and
the 15th Street Subarea; and
Whereas, correcting the scrivener's error does not change the parcels of land which
were intended to be included in the Urban Renewal District; and
Whereas, the Council has determined to adopt this resolution nunc pro tunc, correcting
the scrivener's error in the legal descriptions of the Industrial Harbor Subarea and the 15th
Street Subarea contained in the Urban Renewal Plan for the Urban Renewal District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA:
Section 1. That the findings and conclusions set forth or contained in the Urban Re-
newal Plan concerning the area of the City of Dubuque, State of Iowa, described in the
preamble hereof and in Resolution No. 90-17, be and the same are hereby ratified and
confirmed in all respects as the findings of this Council for the Urban Renewal District
with the exception of the amended legal description as set forth below.
Section 2. The legal descriptions of the Industrial Harbor Subarea and the 15th Street
Subarea contained in the Urban Renewal Plan approved and adopted by Resolution No.
90-17 on March 6, 2017, are hereby corrected, nunc pro tunc, to provide as set forth in
the legal descriptions of such subareas attached hereto as Attachment D.
Section 3. The attached Attachment D shall be substituted in lieu of the original Attach-
ment D contained in the Urban Renewal Plan.
Section 4. That all other provisions of the Urban Renewal Plan not affected or other-
wise revised by this resolution, as well as all resolutions previously adopted by this City
Council related to the Urban Renewal Plan be and the same are hereby ratified, confirmed
and approved in all respects.
Passed, approved and adopted this 17th day of April, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. South Pointe Housing Urban Renewal Area - Resolution Nunc Pro Tunc: City Man-
ager recommending approval of a Resolution correcting the legal description in the Urban
Renewal Plan for the South Pointe Housing Urban Renewal Area adopted March 11,
2017. Upon motion the documents were received and filed and Resolution No. 101-17A
Nunc Pro Tunc correcting and amending a scrivener's error in certain legal descriptions
included in the Urban Renewal Plan for the South Pointe Housing Urban Renewal District
was adopted.
RESOLUTION NO. 101-17-A
RESOLUTION NUNC PRO TUNC CORRECTING AND AMENDING A SCRIVENER'S
ERROR IN CERTAIN LEGAL DESCRIPTIONS INCLUDED IN THE URBAN RENEWAL
PLAN FOR THE SOUTH POINTE HOUSING URBAN RENEWAL DISTRICT
Whereas, by Resolution No. 101-17, adopted March 20, 2017, this Council found and
determined that certain areas located within the City and County are eligible and should
be designated as an urban renewal area under Iowa law, and approved and adopted the
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Urban Renewal Plan (the "Urban Renewal Plan" or "Plan") for the South Pointe Housing
Urban Renewal Area (the "Urban Renewal Area" or "Area") described therein; and
Whereas, the Urban Renewal Plan approved and adopted by Resolution No. 101-17
contained a scrivener's error in the legal description of the Urban Renewal Project Area;
and
Whereas, correcting the scrivener's error does not change the parcels of land which
were intended to be included in the Urban Renewal Area; and
Whereas, the Council has determined to adopt this resolution nunc pro tunc, correcting
the scrivener's error in the legal description of the Urban Renewal Project Area contained
in the Urban Renewal Plan for the Urban Renewal Area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA:
Section 1. That the findings and conclusions set forth or contained in the Urban Re-
newal Plan concerning the area of Dubuque County and the City of Dubuque, State of
Iowa, described in the preamble hereof and in Resolution No. 101-17, be and the same
are hereby ratified and confirmed in all respects as the findings of this Council for the
Urban Renewal Area with the exception of the amended legal description as set forth
below.
Section 2. The legal description of the Urban Renewal Project Area contained in the
Urban Renewal Plan approved and adopted by Resolution No. 101-17 on March 20,
2017, are hereby corrected, nunc pro tunc, to provide as set forth in the legal descriptions
of such area attached hereto as Attachment D.
Section 3. The attached Attachment D shall be substituted in lieu of the original Attach-
ment D contained in the Urban Renewal Plan.
Section 4. That all other provisions of the Urban Renewal Plan not affected or other-
wise revised by this resolution, as well as all resolutions previously adopted by this City
Council related to the Urban Renewal Plan be and the same are hereby ratified, confirmed
and approved in all respects.
Passed, approved and adopted this 17th day of April, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Derby Grange Road Housing Urban Renewal Area - Resolution Nunc Pro Tunc: City
Manager recommending approval of a resolution correcting the legal description in the
Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area adopted
April 3, 2017. Upon motion the documents were received and filed and Resolution No.
133-17A Nunc Pro Tunc Correcting and amending a scrivener's error in certain legal de-
scriptions included in the Urban Renewal Plan for the Derby Grange Road Housing Urban
Renewal District was adopted.
RESOLUTION NO. 133-17-A
RESOLUTION NUNC PRO TUNC CORRECTING AND AMENDING A SCRIVENER'S
ERROR IN CERTAIN LEGAL DESCRIPTIONS INCLUDED IN THE URBAN RENEWAL
PLAN FOR THE DERBY GRANGE ROAD HOUSING URBAN RENEWAL DISTRICT
Whereas, by Resolution No. 133-17, adopted April 3, 2017, this Council found and
determined that certain areas located within the City and County are eligible and should
4
be designated as an urban renewal area under Iowa law, and approved and adopted the
Urban Renewal Plan (the "Urban Renewal Plan" or "Plan") for the Derby Grange Road
Housing Urban Renewal Area (the "Urban Renewal Area" or "Area") described therein;
and
Whereas, the Urban Renewal Plan approved and adopted by Resolution No. 133-17
contained a scrivener's error in the legal description of the Urban Renewal Project Area;
and
Whereas, correcting the scrivener's error does not change the parcels of land which
were intended to be included in the Urban Renewal Area; and
Whereas, the Council has determined to adopt this resolution nunc pro tunc, correcting
the scrivener's error in the legal description of the Urban Renewal Project Area contained
in the Urban Renewal Plan for the Urban Renewal Area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA:
Section 1. That the findings and conclusions set forth or contained in the Urban Re-
newal Plan concerning the area of Dubuque County and the City of Dubuque, State of
Iowa, described in the preamble hereof and in Resolution No. 133-17, be and the same
are hereby ratified and confirmed in all respects as the findings of this Council for the
Urban Renewal Area with the exception of the amended legal description as set forth
below.
Section 2. The legal description of the Urban Renewal Project Area contained in the
Urban Renewal Plan approved and adopted by Resolution No. 133-17 on April 3, 2017,
are hereby corrected, nunc pro tunc, to provide as set forth in the legal descriptions of
such area attached hereto as Attachment D.
Section 3. The attached Attachment D shall be substituted in lieu of the original Attach-
ment D contained in the Urban Renewal Plan.
Section 4. That all other provisions of the Urban Renewal Plan not affected or other-
wise revised by this resolution, as well as all resolutions previously adopted by this City
Council related to the Urban Renewal Plan be and the same are hereby ratified, confirmed
and approved in all respects.
Passed, approved and adopted this 17th day of April, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Property Exchange Agreement - Creek Wood Park: City Manager recommending
approval of the Property Exchange Agreement with Jeff and Jill Reimer exchanging own-
ership of Lot 1-2 Timber-Hyrst Place #2 (currently owned by the City of Dubuque) for Lot
2 Timber-Hyrst Place No. 8 (currently owned by the Reimers). Upon motion the docu-
ments were received and filed and Resolution No. 137-17 Approving a Property Ex-
change Agreement with Jeff and Jill Reimer for the exchange of certain real property in
Dubuque County, Iowa located along Creek Wood Drive was adopted.
RESOLUTION NO. 137-17
APPROVING A PROPERTY EXCHANGE AGREEMENT WITH JEFF AND JILL
REIMER FOR THE EXCHANGE OF CERTAIN REAL PROPERTY IN DUBUQUE
COUNTY, IOWA LOCATED ALONG CREEK WOOD DRIVE
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Whereas, a property exchange agreement with Jeff and Jill Reimer is necessary to
facilitate the exchange of tracts of land along Creek Wood Drive legally described as:
Lot 1-2 Timber Hyrst Place #2; and
Lot 2 Timber Hyrst Place No. 8 (the Properties); and
Whereas, the property exchange is necessary to facilitate construction of Creek Wood
Park in Timber Hyrst Subdivision; and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque to
approve the Property Exchange Agreement for the Properties; and
Whereas, Jeff and Jill Reimer have agreed to the conditions of the Agreement, at-
tached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The Agreement is hereby approved.
2. The Mayor is hereby authorized and directed to execute such Agreement on behalf
of the City of Dubuque, Iowa.
3. The City Council grants the authority to the City Manager or the City Manager's
designee to facilitate the property exchange.
Passed, approved and adopted this 17th day of April, 2017.
Roy D. Buol, Mayor
Attest: Kevin F. Firnstahl, City Clerk
11. U.S. Postal Service - Parking Purchase Agreement: City Manager recommending
approval of an Agreement of Purchase and Sale to purchase the 8,474 -square foot park-
ing lot located at the corner of Locust and 5th Streets from the U.S. Postal Service. Motion
by Resnick to receive and file the documents and adopt Resolution No. 138-17 Approving
an Agreement for the Purchase of Real Estate in the City of Dubuque, Iowa commonly
referred to as The Historic Federal Building Post Office Parking Lot from the United States
Postal Service. Seconded by Connors. Resnick relayed concerns expressed by the owner
of the Redstone Inn about the difficulties with parking in the area, the need for assistance
with parking, and the hope of purchasing the lot prior to learning of the agreement. Motion
carried 6-0.
RESOLUTION NO. 138-17
APPROVING AN AGREEMENT FOR THE PURCHASE OF REAL ESTATE IN THE
CITY OF DUBUQUE, IOWA COMMONLY REFERRED TO AS THE HISTORIC FED-
ERAL BUILDING POST OFFICE PARKING LOT FROM THE UNITED STATES
POSTAL SERVICE
Whereas, United States Postal Service was the owner of S. 10 of 34' of Lot 103 City
Lot 104 in the City of Dubuque, Iowa, according to the United States Commissioners' Map
of the Town of Dubuque, Iowa (the Property); and
Whereas, the City Council found that it was in the best interests of the City of Dubuque
to purchase the Property for future parking and redevelopment needs in the city's down-
town core; and
Whereas, the Offer to Buy and Acceptance set forth the terms and conditions of the
purchase of property from United States Postal Service; and
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager is hereby authorized and directed to execute, on
behalf of the City of Dubuque, Iowa, said Agreement.
Passed, approved and adopted this 17th day of April, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Circles® USA Contract: City Manager recommending approval of a one year con-
tract with Circles® USA for use of the Circles® brand and consulting services for the
Dubuque Circles® Initiatives. Upon motion the documents were received, filed and ap-
proved.
13. Pre -Annexation Agreement - Michael J. and Rebecca M. McMahon (Twin Ridge
Subdivision): City Manager recommending approval of a Pre -Annexation Agreement with
Michael J. and Rebecca M. McMahon, property owners of Lots 2 and 3 in Twin Ridge
Subdivision No. 5. Upon motion the documents were received and filed and Resolution
No. 139-17 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa
and Michael J. and Rebecca M. McMahon was adopted.
RESOLUTION NO. 139-17
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND MICHAEL J. AND REBECCA M. MCMAHON
Whereas, Michael J. and Rebecca M. McMahon, owners of the following described
property in Dubuque County, Iowa (the Property) have submitted to the City Council of
the City of Dubuque an application for voluntary annexation of the Property to the City of
Dubuque:
Lots 2 and Lot 3 in Twin Ridge Subdivision No. 5 in Section 12 in Table Mound
Township, Dubuque County, Iowa, according to the recorded plat thereof; and
Whereas, Michael J. and Rebecca M. McMahon have entered into a Pre -annexation
Agreement with the City of Dubuque a copy of which is attached hereto governing the
future annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Michael J. and Rebecca
M. McMahon and the City of Dubuque is hereby approved.
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Passed, approved and adopted this 17th day of April, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Pre -Annexation Agreement - Troy M. and Theresa A. Budde (Key West Drive): City
Manager recommending approval of a Pre -Annexation Agreement with Troy M. and The-
resa A. Budde, for property located at 10906 Key West Drive. Upon motion the documents
were received and filed and Resolution No. 140-17 Approving a Pre -Annexation Agree-
ment between the City of Dubuque, Iowa and Troy M. and Theresa A. Budde was
adopted.
RESOLUTION NO. 140-17
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND TROY M. AND THERESA A. BUDDE
Whereas, Troy M. and Theresa A. Budde, the owners of the following described prop-
erty in Dubuque County, Iowa (the Property) have submitted to the City Council of the
City of Dubuque an application for voluntary annexation of the Property to the City of
Dubuque:
Parcel No. 1512102003: Lot 2 of the subdivision of Lot 1 of Lot 2 of Lot 2 of Mineral
Lot 479, a subdivision in the NW 1/4 of Section 12, Township 88 North Range 2 East
of the 5th P.M., Table Mound Township, Dubuque County, Iowa, according to the
recorded plats thereof; and
Whereas, Troy M. and Theresa A. Budde, have entered into a Pre -annexation Agree-
ment with the City of Dubuque a copy of which is attached hereto, governing the future
annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Troy M. and Theresa A.
Budde and the City of Dubuque is hereby approved.
Passed, approved and adopted this 17th day of April, 2017.
Attest: Kevin S. Firnstahl, City Clerk
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Roy D. Buol, Mayor
15. Five Flags Civic Center - Fiscal Year 2017 Detailed Operating Budget: City Man-
ager recommending approval of the detailed Fiscal Year 2017 Operating Budget for the
Five Flags Civic Center submitted by SMG. Upon motion the documents were received,
filed and approved.
16. Civil Service Commission: Civil Service Commission submitting the Certified Lists
for the positions of Water Plant Operator and Public Works Field Supervisor. Upon motion
the documents were received, filed and made a Matter of Record.
March 28, 2017
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Water Plant Operator was administered on February 22, 2017. We hereby certify that
the individuals listed below have passed this written examination and the vacancy for this
position should be made from this list and that this list is good for two (2) years from above
date.
Water Plant Operator
1. Michael Felton, 2. Jared Charland, 3. Luke Meadows, 4. Matt McGuire, 5. Timothy
011endick, 6. Cody Grill, 7. Adam Merkes, 8. Justin Licht, 9. Sean Schriver, 10. Kevin
Munson, 11. Nick Connolly, 12. Bryan Ortiz, 13. Jonathan Anderson, 14. Samuel
Feehan, 15. Bryan Hoffmann, 16. David Apel, 17. Christopher Lester, 18. Adam Decker,
19. Patrick Faley, 20. Lucas Gonyier and 21. Phillip Heim
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
March 28, 2017
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, a promotional examination for
the position of Public Works Field Supervisor was administered on February 28, 2017.
We hereby certify that the individuals listed below have passed this written examination
and the vacancy for this position should be made from this list and that this list is good for
two (2) years from above date.
Public Works Field Supervisor
1. Charlie Gau, 2. Nicholas Connolly, 3. Paul Davis, 4. Nicholas Wilson, 5. Brian Loch-
ner, 6. Robert Barry, 7. Adam Decker, 8. Matt Herman, 9. Brian Odefey, 10. Ron Gul-
yash and 11. Chris Lahey
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
17. Approval of Plat of Survey - 1065 Jackson Street Right -of -Way: City Manager rec-
ommending approval of the Plat of Survey of Lot 1 and Lot 2 of City Lot 386A to facilitate
the construction of the proposed deck and access ramp improvements at 1065 Jackson
9
Street for SR Jackson Real Estate, LLC. Upon motion the documents were received and
filed and Resolution No. 141-17 Approving Plat of Proposed Vacated Right -of -Way of a
portion of Jackson Street adjacent to City Lots 384, 385, 386, 387, and the South Half of
388, said right of way being a part of City Lot 386A, in the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 141-17
RESOLUTION APPROVING PLAT OF PROPOSED VACATED RIGHT OF WAY OF A
PORTION OF JACKSON STREET ADJACENT TO CITY LOTS 384, 385, 386, 387,
AND THE SOUTH HALF OF 388, SAID RIGHT OF WAY BEING A PART OF CITY LOT
386A, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated March 10, 2017 prepared by Buesing and Associates, Inc., showing the va-
cated portion of Jackson Street adjacent to City Lots 384, 385, 386, 387 and the south
half of 388, and assigned lot numbers thereto, to be known as Lot 1 and Lot 2 of City Lot
386A, in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated March 10, 2017 prepared by the Buesing and Associ-
ates, Inc., relative to the real estate hereinabove described be and the same is hereby
approved, and the Mayor and City Clerk be and they are hereby authorized and directed
to execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said plat
and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 17th day of April, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Iowa Department of Transportation (IDOT) - Transit Consolidated Funding Appli-
cation: City Manager recommending approval of the submittal of the Consolidated Fund-
ing Application to the Iowa Department of Transportation for The Jule's annual operating
and maintenance allocations, the Lobbying Cost Certificate, Certificate of Cost Allocation
Plan and Authorizing Resolution. Upon motion the documents were received and filed
and Resolution No. 142-17 Approval of Grant Application to Iowa DOT for Consolidated
Funding was adopted.
RESOLUTION NO. 142-17
AUTHORIZING RESOLUTION
APPROVAL OF GRANT APPLICATION TO IOWA DOT FOR CONSOLIDATED FUND-
ING
Whereas, the City of Dubuque provides fixed -route and paratransit services for the
citizens of Dubuque; and
Whereas, the Iowa Department of Transportation (IDOT) is a pass through funding
entity for federal capital and operating funds; and
10
Whereas, the City has historically applied through the IDOT for these funds; and
Whereas, the City Council finds that the applying for the funds to be beneficial to the
continued provision of transit service for the citizens of Dubuque.
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 endorses the attached
application to the Iowa Department of Transportation, which includes a City match.
Section 2. The Iowa Department of Transportation application will include requests and
mandatory certifications by the City of Dubuque as follows:
From the State Transit Assistance Program: 1.898675% of formula funds, Total:
$273,866
From federal funds for transit in non -urbanized areas and/or for transit serving
primarily elderly persons and persons with disabilities: $45,477
From statewide federal capital assistance for transit: $0
From statewide capital assistance (PTIG) for transit: $401,445
From statewide federal -pass through discretionary assistance (InterCity Bus Mar-
keting Grant) for transit: $7,500
We understand acceptance of federal transit assistance involves an agreement
to comply with certain labor protection provisions.
We certify that the City of Dubuque/The Jule has sufficient non-federal funds or
sufficient in-kind match to provide required local match for capital projects and at
time of delivery will have the funds to operate and maintain vehicles and equipment
purchased under this contract.
We request that State Transit Assistance formula funding be advanced as al-
lowed by law, to improve system cash flow.
Section 3. That Candace Eudaley-Loebach, Transit Manager, is authorized on behalf
of the City Council, to apply for financial assistance and to enter into related contract(s)
with the Iowa Department of Transportation.
Passed, adopted and approved this 17th day of April, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Master Licensing Agreement (MLA) with Mobilitie/Network Technology IA LLC: City
Manager recommending approval of a Master Licensing Agreement with Mobilitie/Net-
work Technology IA LLC, which represents one portion of a comprehensive strategy to
improve the connectivity of Dubuque through new broadband and wireless investments.
Upon motion the documents were received, filed and approved.
20. Proposed Incentive to Assist Downtown Building Owners with Fire Escape Com-
pliance: City Manager recommending approval of an amendment to the Downtown Fa-
9ade Program to include eligibility for financial assistance to repair exterior fire escapes.
Upon motion the documents were received, filed and approved.
21. Southwest Arterial Project Consultant Professional Services Supplemental Agree-
ment: City Manager recommending Council approval of a Resolution authorizing the City
Manager to execute a supplemental agreement with AECOM Technical Services, Inc.
11
which approves revisions to the original scope of services to the Consultant Professional
Services Contract to complete the final engineering design phase of the Southwest Arte-
rial Project. Upon motion the documents were received and filed and Resolution No. 143-
17 Approving the Consultant Professional Services - Supplemental Agreement No. 18
between AECOM Technical Services, Inc. and the City of Dubuque for the completion of
final Engineering Design Phase of the Southwest Arterial Project was adopted.
RESOLUTION NO. 143-17
RESOLUTION APPROVING THE CONSULTANT PROFESSIONAL SERVICES -SUP-
PLEMENTAL AGREEMENT NO. 18 BETWEEN AECOM TECHNICAL SERVICES, INC.
AND THE CITY OF DUBUQUE FOR THE COMPLETION OF FINAL ENGINEERING
DESIGN PHASE OF THE SOUTHWEST ARTERIAL PROJECT
Whereas, the City of Dubuque is proceeding with the Southwest Arterial Project, from
U.S. Highway 20 to U.S. Highway 61/151, in Dubuque, Iowa; and
Whereas, as a result of Iowa DOT specification modifications, the original scope of
services needs to be revised to reflect modifications to previously -completed design ele-
ments, as well as new tasks which are required to continue to advance the completion of
the final engineering design phase; and
Whereas, the Consultant Professional Services - Supplemental Agreement authorizes
AECOM to provide the revised scope of services to continue to advance the completion
of the final engineering design phase.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Consultant Professional Services - Supplemental Agreement No.
18 between AECOM Technical Services, Inc. and the City of Dubuque for the final engi-
neering design phase of the Southwest Arterial project is hereby approved, subject to the
concurrence of the Iowa Department of Transportation.
Section 2. That the City Manager be authorized and directed to execute three copies
of said Consultant Professional Services - Supplemental Agreement No. 18 with AECOM
Technical Services, Inc. for the final engineering design phase of the Southwest Arterial
project.
Passed, approved and adopted this 17th day of April, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
22. Signed Contracts: Five Flags Study and Assessment Contract with Conventions,
Sports, and Leisure (CSL); Release of Real Estate Mortgage for Jorja Moore, 890 Iowa
Street. Upon motion the documents were received and filed.
23. Alcohol and Tobacco Applications: City Manager recommending approval of an-
nual liquor, beer, wine and tobacco license applications as submitted. Upon motion the
documents were received and filed and Resolution No. 144-17 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 Liquor, Beer
and Wine Licenses and Permits; and Resolution No. 144-17A Approving applications for
12
retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter
453A.47A were adopted.
RESOLUTION NO. 144-17
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and
filed with the City Council for approval and the same have been examined and approved;
and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Catfish Charlie's
Dubuque Lodge No. 355
Loras College
Campus Center
Marco's
Monks Kaffee Pub
Oky Doky #8 Foods
Olive Garden #1516
Paro Food Mart
Port of Dubuque Marina
4
1630 E. 16th St.
2635 Windsor Ave.
1450 Alta Vista St.
- 2022 Central Ave.
373 Bluff St.
535 Hill St.
- 3350 Dodge St.
3200 Central Ave.
450 East 3rd St.
Class C Liquor, Brew Pub,
High Proof Brew Pub, (Out-
door) (Sunday)
Class A Liquor (Outdoor)
(Sunday)
Class C Liquor (Catering)
(Sunday)
Class C Liquor
Class C Liquor (Outdoor)
(Sunday)
Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Class C Liquor (Sunday)
Class C Beer (Sunday)
Class B Beer, Class B Native
Wine (Outdoor) (Sunday)
Shot Tower Inn 390 Locust St.
Stone Cliff Winery
The Hub
Whiskey River
New
600 Star Brewery Dr.
- 253 Main St.
1064 University Ave.
Class C Liquor (Sunday)
Class C Native Wine (Out-
door) (Sunday)
Class C Liquor (Sunday)
Class C Liquor (Sunday)
Beecher Liquor
1695 Asbury Rd.
Class E liquor, Class B Wine,
Class C Beer (Sunday)
13
McAleece Park and Recre-
ation
(6 Month License)
Tavern on the Main
Special Event
1801 Admiral Sheehy
Dr.
920 Main St.
Class B Beer, Class B Native
Wine (Outdoor) (Sunday)
Class C Liquor
Catfish Charlie's 5/11
145 N. Crescent Ridge
Dubuque County Fine Arts
Society 5/19 to 5/21
Dubuque Jaycees
6/16, 7/21, 8/18 and 9/1
Town Clock Plaza and
Washington Park
890 Iowa St.
Class B Beer (Outdoor)
Class B Beer (Outdoor) (Sun-
day)
Class B Beer (outdoor)
Passed, approved and adopted this 17th day of April, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 144-17A
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with
the City Council for approval and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
following named applicants and locations for cigarette/tobacco sales permit.
Beecher Liquor j 1691 Asbury Rd.
Beecher Liquor 1695 Asbury Rd.
Passed, approved and adopted this 17th day of April, 2017.
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
The 2017 Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project was removed
from the agenda prior to motion.
Roy D. Buol, Mayor
Motion by Jones 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 6-0.
1. Vacating Petition - 1065 Jackson Street Right -of -Way: City Manager recommending
that a public hearing be set for May 1, 2017, on the disposition of the City's interest in
Jackson Street right-of-way between 10th Street and 11th Street adjacent to SR Jackson
Real Estate, LLC warehouse building, 1065 Jackson Street. Upon motion the documents
14
were received and filed and Resolution No. 145-17 Resolution of Intent to vacate and
dispose of City interest in a portion of Jackson Street adjacent to City Lots 384, 385, 386,
387, and the south half of 388, said right of way being a part of City Lot 386A, in the City
of Dubuque, Iowa to SR Jackson Real Estate LLC was adopted setting a public hearing
for a meeting to commence at 6:00 p.m. on May 1, 2017 in the Historic Federal Building.
RESOLUTION NO. 145-17
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A
PORTION OF JACKSON STREET ADJACENT TO CITY LOTS 384, 385, 386, 387,
AND THE SOUTH HALF OF 388, SAID RIGHT OF WAY BEING A PART OF CITY LOT
386A, IN THE CITY OF DUBUQUE, IOWA TO SR JACKSON REAL ESTATE LLC
Whereas, SR Jackson Real Estate LLC has requested the vacating of a portion of
Jackson Street adjacent to City Lots 384, 385, 386, 387 and the south half of 388; and
Whereas, Buesing and Associates, Inc. has prepared and submitted to the City Council
a plat showing the vacated portion of Jackson Street adjacent to City Lots 384, 385, 386,
387 and the south half of 388, and assigned lot numbers thereto, to be known as Lot 1
and Lot 2 of City Lot 386A, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot
2 of City Lot 386A, in the City of Dubuque, Iowa to SR Jackson Real Estate LLC as agreed
upon between the City of Dubuque, Iowa and SR Jackson Real Estate LLC.
Section 2. That a public hearing on the intent to vacate and dispose of Lot 2 of City Lot
386A, in the City of Dubuque, Iowa to SR Jackson Real Estate LLC is hereby set for the
1 st day of May, 2017, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa,
beginning at 6:00 p.m., and the City Clerk be and is hereby authorized and directed to
cause a notice of public hearing on the intent to vacate and dispose of said real estate to
be published in the manner as prescribed by law.
Passed, approved and adopted this 17th day of April, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. 2017 Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project: This item was re-
moved from the agenda.
3. 2017 Pavement Marking Project: City Manager recommending that the City Council
grant preliminary approval of the construction plans and specifications, and establish May
1, 2017, as the date for public hearing for the 2017 Pavement Marking Project. Upon
motion the documents were received and filed and Resolution No. 146-17 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 was adopted setting a public hearing for a meeting to com-
mence at 6:00 p.m. on May 1, 2017 in the Historic Federal Building.
15
RESOLUTION NO. 146-17
2017 PAVEMENT MARKING 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 2017
Pavement Marking Project in the estimated amount $112,091.52, are hereby preliminarily
approved and ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 1st day of May, 2017, at 6:00 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 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 estimated cost of
the Project.
The 2017 Pavement Marking 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 Engineer is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be pub-
lished on the City of Dubuque website and a contractor plan room service with statewide
circulation, which notice shall be published not less than thirteen but not more than forty-
five days before the date for filing bids before 2:00 p.m. on the 4th day of May, 2017. 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 6:00 p.m. on the 15th day of May, 2017, in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 17th day of April, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions.
1. Civil Service Commission: One, 3 -year term through April 6, 2020 (Expiring term of
White). Applicant: Daniel White, 2919 Elm St. Upon City Council concurrence, Mayor Buol
appointed Daniel White to a 3 -year term through April 6, 2020.
16
2. Community Development Advisory Commission: One, 3 -year term through February
15, 2020 (Expiring At -Large Term of James. Applicant: Lindsay James, 2494 Pearl St.
Motion by Connors to appoint Lindsay James to a 3 -year term through February 15, 2020.
Seconded by Del Toro. Motion carried 6-0.
3. Mediacom Charitable Foundation: One, 1 -year term through December 31, 2017
(Expired Term of Twining). Applicant: Constance Twining, 421 N. Booth St. Motion by
Connors to appoint Constance Twining to a 1 -year term through December 31, 2017.
Seconded by Resnick. Motion carried 6-0.
PUBLIC HEARINGS
1. Request to Rezone - Northwest Corner of Asbury Road and Evergreen Drive: Proof
of publication on notice of public hearing to consider approval of a request from Rick
Ehrlich to rezone property located at the northwest corner of Asbury Road and Evergreen
Drive from R-2 Two -Family Residential to OR Office Residential, to construct a building
to accommodate a home office and the Zoning Advisory Commission recommending ap-
proval. 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 meet-
ings prior to the meeting at which it is to be passed be suspended. Seconded by Del Toro.
Rick Ehrlich, 558 Mill Run spoke in support of the request. Planning Services Manager
Laura Carstens provided a staff report. Mr. Ehrlich and Ms. Carstens responded to ques-
tion from the City Council regarding off-street parking, modifications to the structure, and
concerns about how business might impact the area if the property is sold in the future.
Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 15-17 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at the northwest corner of Asbury
Road and Evergreen Drive from R-2 Two -Family Residential District to OR Office Resi-
dential District. Seconded by Resnick. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 15-17
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF OR-
DINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT THE NORTHWEST CORNER OF ASBURY
ROAD AND EVERGREEN DRIVE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT
TO OR OFFICE RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop-
ment Code, is hereby amended by reclassifying the hereinafter—described property from
R-2 Two -Family Residential District to OR Office Residential District, to wit:
Lot 1 Block 2 Clover Hills Subdivision, to the centerline of the adjoining public right-
of-way, all in the City of Dubuque, Iowa.
17
Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided
by law.
Passed, approved and adopted this 17th day of April, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of April, 2017.
/s/Kevin S. Firnstahl, City Clerk
2. Lower Bee Branch Creek Restoration Project - Floating Island Project Initiation:
Proof of publication on notice of public hearing to consider approval of plans, specifica-
tions, form of contract and construction estimate for the Lower Bee Branch Creek Floating
Island Project in the 16th Street Detention Basin and the City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No.
147-17 Approval of plans, specifications, form of contract and estimated cost for the
Lower Bee Branch Creek Floating Island Project. Seconded by Del Toro. Motion carried
5-1 with Del Toro voting nay.
RESOLUTION NO. 147-17
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE LOWER BEE BRANCH CREEK FLOATING ISLAND PRO-
JECT
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
Lower Bee Branch Creek Floating Island Project, in the estimated amount $182,900.00,
are hereby approved.
Passed, adopted and approved this 17th day of April, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Proposed Jule Transit Service Reductions and Changes: Proof of publication on
notice of public hearing to consider approval of selected reductions and changes to the
Jule Transit fixed -route service and schedules and the City Manager recommending ap-
proval. Staff made a presentation. Motion by Del Toro to receive and file the documents,
listen to the presentation and adopt Resolution No. 148-17 Accepting fixed -route service
reductions. Seconded by Connors. Transit Manager Candace Eudaley provided a slide
presentation that summarized the reductions and expansions; planning process; IBM
Smarter Travel, ridership and route data; and planned outreach. Motion carried 6-0.
RESOLUTION NO. 148-17
ACCEPTING FIXED -ROUTE SERVICE REDUCTIONS
Whereas, the City of Dubuque provides fixed -route and paratransit services for the
citizens of Dubuque; and
18
Whereas, the ridership on Saturday routes has been found to be lower than weekdays
with opportunity for route combination; and
Whereas, the ridership on the Key West and Fremont routes continue to be the lowest
of all weekday service routes; and
Whereas, the opportunity to combine or eliminate low ridership routes provides cost
savings that can be utilized to increase weekday evening service hours.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The following Fixed -Route service changes will take effect on August 14, 2017 in con-
junction with expanded evening service.
1. The Monday through Saturday Key West fixed -route service will be eliminated.
2. The Monday through Saturday Fremont fixed -route service will be eliminated.
3. No Saturday service along Windsor Ave from Davis Street to Mount Saint Francis.
4. No Saturday Service along Hillcrest Rd between Asbury Rd and JFK Rd
5. No Saturday service along JFK between Asbury Rd and Sunset Park Circle
6. No Saturday service along Jackson St between 22nd and 32nd Streets. Service is
available on Central Ave between 22nd and 32nd Streets.
7. Saturday service along Jackson St and Central Ave will be reduced to once per hour.
8. No Saturday service to current Yellow Line stops including Dubuque Industrial Cen-
ter West and Medical Associates West.
Passed, approved and adopted this 17th day of April, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. State Revolving Fund (SRF) Loan Environmental Review for Westside Water Sys-
tem Improvements Project: Proof of publication on notice of public hearing to discuss the
results of the environmental review as provided by the State Revolving Fund's Depart-
ment of Natural Resources for the Westside Water System Improvements Project. direct-
ing staff to submit the required documentation and the City Manager recommending ap-
proval. Motion by Jones to receive and file the documents and adopt Resolution No. 149-
17 Approval of Environmental Review as provided by SRF's Department of Natural Re-
sources for the Westside Water System Improvement Project. Seconded by Resnick. Mo-
tion carried 6-0.
RESOLUTION NO. 149-17
APPROVAL OF ENVIRONMENTAL REVIEW AS PROVIDED BY SRF'S DEPART-
MENT OF NATURAL RESOURCES FOR THE WESTSIDE WATER SYSTEM IM-
PROVEMENTS PROJECT
Whereas, public notification of the hearing was advertised on March 17, 2017, 30 days
prior to the public hearing per SRF IDNR requirements; and on April 7, 2017 to comply
with Iowa State Code requirements related to public hearings; and
Whereas, the environmental review documents as provided by SRF's Department of
Natural Resources for the Westside Water System Improvements project, were available
for public viewing; and
Whereas, a public hearing was held on the 17th day of April 2017, at 6:00 p.m. in the
Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque,
19
Iowa, at which time interested persons appeared and heard for or against the proposed
environmental review of said Project; and
Whereas, a discussion was held on the environmental impacts of said project; and
Whereas, a transcript of the public hearing and a summary of public comments will be
available for public review.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the environmental review as provided by SRF's Department of Natural Resources
for the Westside Water System Improvements project, is hereby approved and staff is
directed to submit the required documentation to SRF, Iowa Department of Natural Re-
sources
Passed, adopted and approved this 17th day of April, 2017.
Attest: Kevin S. Firnstahl, City Clerk
ACTION ITEMS
Roy D. Buol, Mayor
1. Award of Contract - Westside Water System Improvements - English Mill and North
Cascade Road Water Main Extension and the English Mill Road Pump Station: City Man-
ager recommending award of Contract A: English Mill and North Cascade Road Water
Main Extension to the apparent low bidder Portzen Construction, and the award of Con-
tract B English Mill Road Pump Station to the apparent low bidder Portzen Construction
subject to the approval of the Department of Natural Resources State Revolving Fund
Agency. Motion by Connors to receive and file the documents and adopt Resolution No.
150-17 Awarding public improvement contract for Westside Water System Improvements
- English Mill and North Cascade Road Water Main Extension and the English Mill Road
Pump Station Project. Seconded by Jones. Motion carried 6-0.
RESOLUTION NO. 150-17
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR WESTSIDE WATER SYSTEM
IMPROVEMENTS ENGLISH MILL & NORTH CASCADE ROAD WATER MAIN EXTEN-
SION AND THE ENGLISH MILL ROAD PUMP STATION PROJECT
Whereas, sealed proposals have been submitted by contractors for Westside Water
System Improvements - English Mill & North Cascade Road Water Main Extension and
the English Mill Road Pump Station Project, (the Project) pursuant to Resolution No. 86-
17 and Notice to Bidders published on the City of Dubuque, Iowa website and a contractor
plan room service with statewide circulation on the 10th day of March 2017; and
Whereas, said sealed proposals were opened and read on the 6th day of April 2017
and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with a Con-
tract A bid in the amount of $1,119,981.25 and Contract B bid in the amount of
$943,712.00 is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded, subject to ap-
proval by the Department of Natural Resources SRF agency to Portzen Construction, Inc.
20
and the City Manager is hereby directed to execute a Public Improvement Contract on
behalf of the City of Dubuque for the Project, following such approval.
Passed, approved and adopted this 17th day of April, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Code of Ordinances Amendment - Title 14 Housing Board of Appeals: City Manager
recommending approval of an ordinance which adjusts a reference to the Housing Code
Appeals Board following the adoption of the International Property Maintenance Code
and the repeal of the former Housing Code. Motion by Jones to receive and file the doc-
uments 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 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 16-17 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Build-
ing Codes, Article J Property Maintenance Code, Section 14-1J-3 Rental Licenses by
replacing the reference to "Housing Code Appeals Board" with "Housing Board of Ap-
peals." Seconded by Del Toro. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 16-17
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTE-
NANCE CODE, SECTION 14-1J-3 RENTAL LICENSES BY REPLACING THE REFER-
ENCE TO "HOUSING CODE APPEALS BOARD" WITH "HOUSING BOARD OF AP-
PEALS"
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1 J-3 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14-1J-3: RENTAL LICENSES:
J. Suspension And Revocation Of Rental License:
1. Causes: The city manager may, for good cause, suspend or revoke a rental license
for a rental unit, and in the case of a multi -family dwelling, suspend the license as to one
or more rental units for a period not to exceed one year for any of the following:
a. Conviction, judgment, plea of guilty, or finding of guilt of the licensee for violation
of any provision of the property maintenance code;
b. Misrepresentation by the licensee of any material fact in the application for a
rental license;
c. Refusal by the licensee to permit inspection of the licensed rental unit(s) by au-
thorized city personnel;
d. Nonpayment of the fee for renewal of the rental license;
e. Failure to attend the successful rental property management class; or
f. Failure to perform a required criminal background check on an applicant for ten-
ancy after July 1, 2011;
21
g. Failure of a priority category to comply with an inspection schedule or pay inspec-
tion fees. Tenants will be relocated from the rental unit at the priority category's ex-
pense.
2. Opportunity To Appeal: Prior to any suspension or revocation under this subsection,
the city manager must give notice in writing to the property owner, manager, or licensed
real estate professional and provide for an opportunity to appeal.
3. Period Of Revocation Or Suspension: During the period of revocation or suspension,
a unit for which the rental license was suspended or revoked may not be relicensed.
4. Notice To Licensee: The city manager shall cause to be issued to the licensee a
notice that the license is suspended or revoked, setting forth the reason(s) therefor. The
notice shall be sent by certified United States mail to the licensee at the address on file
with the city manager.
5. Appeal: The licensee may appeal the decision of the city manager to the housing
board of appeals. An appeal must be filed, in writing, within twenty (20) days from the
date of the notice of suspension or revocation.
6. Notice To Tenant: Upon suspension or revocation the city manager must give written
notice of the suspension or revocation of the license to each tenant, requiring the tenant
to vacate the premises within a time frame determined by the city manager. Any tenant
who fails to vacate the premises after such time shall be subject to penalties under title
1, chapter 4 of this code.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 17th day of April, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21 st day of April, 2017.
/s/Kevin S. Firnstahl, City Clerk
3. Greater Downtown Urban Renewal District Amendment - Ordinance Correction: City
Manager recommending approval of an ordinance correcting the legal description in the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District adopted March 6, 2017. 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 Del Toro. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 6-17A Cor-
recting and amending Ordinance No. 6-17, Providing that general property taxes levied
and collected each year on all Property Located within the Greater Downtown Urban Re-
newal District 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 prin-
cipal and interest on loans, monies advanced to and indebtedness, including bonds is-
sued or to be issued, incurred by said City in connection with the Amended and Restated
Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Del
Toro. Motion carried 6-0.
22
OFFICIAL PUBLICATION
ORDINANCE NO. 6-17-A
AN ORDINANCE CORRECTING AND AMENDING ORDINANCE NO. 6-17, PROVID-
ING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR
ON ALL PROPERTY LOCATED WITHIN THE GREATER DOWNTOWN URBAN RE-
NEWAL DISTRICT 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, IN-
CLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CON-
NECTION WITH THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR
THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT
Whereas, by Resolution No. 90-17, adopted March 6, 2017, this Council found and
determined that certain areas located within the City are eligible and should be designated
as an urban renewal area under Iowa law, and approved and adopted the Amended and
Restated Urban Renewal Plan (the "Urban Renewal Plan") for the Greater Downtown
Urban Renewal District (the "Urban Renewal District" or "District") described therein; and
Whereas, the Urban Renewal Plan approved and adopted by Resolution No. 90-17
contained a scrivener's error in the legal descriptions of the Industrial Harbor Subarea
and the 15th Street Subarea; and
Whereas, Ordinance No. 6-17 regarding the general property taxes levied and col-
lected with the Urban Renewal District also contained a scrivener's error in the legal de-
scriptions of the Industrial Harbor Subarea and the 15th Street Subarea and this amending
ordinance is intended to correct said errors.
NOW, THEREFORE, BE IT ORDAINED BY THE City Council OF DUBUQUE, IOWA:
Section 1: That the legal description of the property located within the Industrial Harbor
Subarea of the Urban Renewal District and set forth in Section 1(p) of Ordinance No. 6-
17 is hereby corrected and amended to read as follows:
(p) Industrial Harbor Subarea of the district shall include that area generally bounded
by the following description: Commencing as a point of reference at the intersection
of the centerline of E. 12th Street and the westerly right of way of Elm Street ex-
tended southeasterly, in the City of Dubuque, Dubuque County, Iowa, said point
being the point of beginning; Thence northwesterly along said westerly right of way
line of Elm Street and extension thereof to a point of intersection with the northerly
right of way line of E. Fifteenth Street; Thence northeasterly along said northerly
right of way line to a point of intersection with the westerly right of way line of a public
alley lying between Pine Street and Maple Street; Thence northwesterly along said
westerly right of way line to the northeast corner of the North 35 feet of Lot 255 in
East Dubuque Addition # 2; Thence southwesterly along the northwesterly line of
said Lot to a point of intersection with the easterly right of way line of Pine Street;
Thence northwesterly along said easterly right of way line and extension thereof to
the northerly right of way line of E. 16th Street; Thence northeasterly along said nor-
therly right of way line to the southwest corner of Lot 1 of Kerper Industrial Park;
Thence northwesterly and continuing northeasterly along the westerly line of said
Lot 1 to the most northerly corner thereof; Thence southwesterly along the westerly
23
lines of Lot 1-2 and Lot 2A of Kerper Industrial Park to the southwest corner of said
Lot 2A; Thence northeasterly along the southerly line of said Lot 2A to the southeast
corner thereof; Thence northwesterly along the easterly line of said Lot 2A to the
southwest corner of Lot 6 of Kerper Industrial Park; Thence northeasterly along the
southerly line of said Lot 6 to the southeast corner thereof; Thence northwesterly
along the easterly line of said Lot 6 to the northeast corner thereof and point of
intersection with the southerly right of way line of Kerper Court; Thence northeast-
erly along said southerly right of way line and extension thereof to a point of inter-
section with the centerline of Kerper Blvd; Thence northwesterly along said center -
line to a point of intersection with the northerly line of Lot 3 of Kerper Industrial Park
extended easterly; Thence northwesterly along said extended line to the northeast
corner of said Lot 3, said point also being on the westerly right of way line of Kerper
Blvd.; Thence northerly along said right of way line to a point of intersection with the
northeasterly right of way line of Fengler St.; Thence southeasterly along the exten-
sion of said northeasterly right of way line crossing Kerper Blvd. to a point of inter-
section with the westerly line of Lot 1 A of Block 7 River Front Subdivision No. 3, said
point being on the easterly right of way line of Kerper Blvd.; Thence southeasterly
along said easterly right of way line to a point of intersection with the northerly right
of way line of E. 16th Street; Thence southeasterly crossing E. 16th Street to a point
of intersection of the south right of way line of E. 16th St. and the east right of way
line of Kerper Blvd.; Thence northeasterly along the southerly right of way line of E.
16th St. to a point of intersection with the westerly shore of Peosta Channel; Thence
southeasterly continuing along the westerly shore of Mississippi River adjacent to
the following: Kerper Blvd., River Front Subdivision No. 2, Part of Government Lot
3, Section 19, T89N, R3E, 5th P.M., Parts of Congressional Lot 8 in Section 19,
T89N, R3E, 5th P.M., Dubuque Harbor Improvement Company's Addition, and River
Front Subdivision No. 1, to a point of intersection with the northerly line of Ice Harbor
Urban Renewal Subarea B, described as "that area generally bounded on the north
and west by the Chicago, Central and Pacific Railroad right-of-way, on the south by
the northerly boundary of Subarea A and on the east by the municipal limits of the
City of Dubuque including any adjoining public right-of-way; Thence northwesterly
and continuing southwesterly along the northerly and westerly sides of Ice Harbor
Urban Renewal District Subarea B to a point of intersection with the southerly right
of way line of E. 4m street; Thence southwesterly along said southerly right of way
line to a point of intersection with the centerline of U.S. Highways 61/151; Thence
northeasterly along said centerline to a point of intersection with the centerline of E.
12th Street; Thence southwesterly along said centerline to a point of intersection with
the westerly right of way line of Elm St. extended, said point being the point of be-
ginning; Excepting therefrom, the East 7th Street Subarea.
Section 2. That the legal description of the property located within the 15th Street Sub-
area of the Urban Renewal District and set forth in Section 1(bb) of Ordinance No. 6-17
is hereby corrected and amended to read as follows:
(bb) 15th Street Subarea of the district shall include that area generally bounded by
the following description: Beginning at the intersection of the northerly right of way
line of East 15th Street and the easterly right of way line of Elm Street in the City of
Dubuque, Dubuque County, Iowa;
24
Thence northeasterly along the northerly right of way line of East 15th Street to a
point of intersection with the westerly right of way line of a public alley lying between
Pine Street and Maple Street; Thence northwesterly along said westerly right of way
line to the northeast corner of the North 35 feet of Lot 255 in East Dubuque Addition
# 2; Thence southwesterly along the northwesterly line of said Lot to a point of in-
tersection with the easterly right of way line of Pine Street; Thence northwesterly
along said easterly right of way line to the southerly right of way line of E. 16th Street;
Thence southwesterly along said southerly right of way line to a point of intersection
with the easterly right of way line of Elm Street; Thence southeasterly along said
easterly right of way line to a point of intersection with the northerly right of way line
of E. 15th Street, said point being the point of beginning.
Section 3. That all other provisions of Ordinance No. 6-17 not affected or otherwise
revised by this Ordinance No. 6-17-A, as well as all ordinances previously adopted by this
City Council related to the Urban Renewal Plan be and the same are hereby ratified,
confirmed and approved in all respects.
Section 4. That if any section, provision or part of this ordinance shall be adjudged
invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance
or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section 5. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall be in effect after its final passage, approval and publi-
cation as provided by law.
Passed, approved and adopted this 17th day of April, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of April, 2017.
/s/Kevin S. Firnstahl, City Clerk
4. South Pointe Housing Urban Renewal Area - Ordinance Correction: City Manager
recommending approval of an Ordinance correcting the legal description in the Urban
Renewal Plan for the South Pointe Housing Urban Renewal Area adopted March 20,
2017. 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 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 11-17-A Cor-
recting and amending Ordinance No. 11-17, providing that general property taxes levied
and collected each year on all property located within the South Pointe Housing 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 prin-
cipal and interest on loans, monies advanced to and indebtedness, including bonds is-
sued or to be issued, incurred by said City in connection with the Urban Renewal Plan for
the South Pointe Housing Urban Renewal Area. Seconded by Connors. Motion carried 6-
0.
25
OFFICIAL PUBLICATION
ORDINANCE NO. 11-17-A
AN ORDINANCE CORRECTING AND AMENDING ORDINANCE NO. 11-17, PROVID-
ING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR
ON ALL PROPERTY LOCATED WITHIN THE SOUTH POINTE HOUSING URBAN RE-
NEWAL 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, IN-
CLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CON-
NECTION WITH THE URBAN RENEWAL PLAN FOR THE SOUTH POINTE HOUSING
URBAN RENEWAL AREA
Whereas, by Resolution No. 101-17, adopted March 20, 2017, this Council found and
determined that certain areas located within the City and County are eligible and should
be designated as an urban renewal area under Iowa law, and approved and adopted the
Urban Renewal Plan (the "Urban Renewal Plan") for the South Pointe Housing Urban
Renewal Area (the "Urban Renewal Area" or "Area") described therein; and
Whereas, the Urban Renewal Plan approved and adopted by Resolution No. 101-17
contained a scrivener's error in the legal description of the Urban Renewal Project Area;
and
Whereas, Ordinance No. 11-17 regarding the general property taxes levied and col-
lected with the Urban Renewal District also contained a scrivener's error in the legal de-
scription of the Urban Renewal Project Area and this amending ordinance is intended to
correct said errors.
NOW, THEREFORE, BE IT ORDAINED BY THE City Council OF DUBUQUE, IOWA:
Section 1: That the legal description of the property located within the Urban Renewal
Project Area of the Urban Renewal District and set forth in Section 1(a) of Ordinance No.
11-17 is hereby corrected and amended to read as follows:
(a) Urban Renewal Project Area shall include that area described as follows:
Lot 1 of Tower Investments Subdivision No. 1, City of Dubuque; and
Lot 1 of Lot 1 of Lot 2 of Tower Investments Subdivision No. 1, City of Dubuque;
and
Lot 2 of Table Mound Mobile Home Park, City of Dubuque; and
Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 483,
City of Dubuque; and
Lot 1 of Mary Lou Place, City of Dubuque; and
Lot 1 of McNamer Acres No. 1; and
Lot 1 of McNamer Acres No. 3; and
Lot 2 of McNamer Acres No. 3; and
All that part of the Rockdale Road Right of Way lying South of the Easterly extension
of the North line of Lot 1 of Mary Lou Place and lying North of the Southern terminus
of the Rockdale Road Right of Way; and
All that part of the Key West Drive Right of Way and the Us Highway 61 Right of
Way lying South of the Easterly and Westerly extension of the South line of Lot 2-1-1-
26
1-3 of Annie Waller Subdivision #2 and lying North of the Easterly and Westerly exten-
sion of that part of Lot 1 of Mineral Lot 479 lying West of U.S. Highway 61, and
All of the Manson Road Right of Way, in the City of Dubuque, Iowa; and
Lot 1-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501; and
All that part of the Kelly Lane Right of Way Lying North and West of the West line of
Lot 4 of Old Mill Subdivision and its Northerly extension; and
Lot 1-2, 1-2-1, 1-3-1, 2-1-1, 2-2-3-1, 2-2-2, 2-2-2-1 All in Mineral Lot 514; and
Lot 10 Peg-O-Mesa Subdivision; and
All that part of the Fremont Avenue Right of Way lying West and South of the South
line of Lot 14 in Block 1 of Birch Acres and its Northwesterly extension; and
All that part of the Cedar Cross Road Right of Way lying South of the Chicago Cen-
tral and Pacific Railroad Company property in Section 27, T89N, R2E of the 5th P.M.;
and
All that part of the Chicago Central and Pacific Railroad Company property in Sec-
tion 27, T89N, R2E of the 5th P.M. lying East of the Westerly line of Lot 1 of Part of Lot
1-1 of Mineral Lot 233 and its Northerly extension and lying West of the Westerly line
of Lot 2-2 of Mineral Lot 211A and its Northerly extension; and
All that part of the Cedar Cross Road Right of Way lying South of the Southern Right
of Way line of U.S. Highway 20 (Dodge Street) and lying North of the Chicago Central
and Pacific Railroad Company property in Section 27, T89N, R2E of the 5th P.M.; and
All that part of the U.S. Highway 20 (Dodge Street) Right of Way lying West of a line
connecting the Northwest corner of Lot 2-1-1-1 of Bartels Center Grove Place and the
Southeast corner of Lot 1 of Hardee's First Addition and lying East of the Chicago
Central and Pacific Railroad Company property in Section 28, T89N, R2E of the 5th
P.M.; and
All that part of the Chicago Central and Pacific Railroad Company property in Sec-
tion 28, T89N, R2E of the 5th P.M. lying East of the Easterly line of Lot 2 of West End
Commercial Subdivision #2 and its Southerly extension and lying West of the Westerly
line of Lot 1 of Clin-Que Inc Addition No. 2 and its Southerly extension; and
All that part of the U.S. Highway 20 (Dodge Street) Right of Way lying South and
West of the Chicago Central and Pacific Railroad Company property in Section 28,
T89N, R2E of the 5th P.M. and North and East of the Northerly extension of West Lot
line of Lot 6 of Key City Subdivision; and
Lot 6 of Key City Subdivision, Dubuque County Iowa; and
All that part of West Key Drive Right of Way adjacent to Lot 6 of Key City Subdivi-
sion; and
All that part of Royal Wood Drive Right of Way lying South of the Southerly Right of
Way line of West Key Drive and North of the Northerly Right of Way line of North Cas-
cade Road; and
Lot 1 of Lot 1 of the Southeast Quarter of the Northwest Quarter of Section 13,
T88N, R1 E of the 5th P.M.; and
All that part of the English Mill Road Right of Way lying South of the Northerly line
of the South 10 Acres of Lot 1 of the Southeast Quarter of the Northwest Quarter of
Section 5, T88N, R2E and its Easterly extension and lying North of the Northerly Right
of Way line of North Cascade Road; and
27
All that part of the Northwesterly Half of the North Cascade Road Right of Way lying
South and West of the East line of Lot 1 of Dieters Place and its Northerly extension
and lying North and East of the West line of Lot 1-1 of Elizabeth Watter's Place and its
Northerly extension; and
All that part of the North Cascade Road Right of Way lying South and West of the
West line of Lot 1-1 of Elizabeth Watter's Place and its Northerly extension and lying
North and East of the East line of Lot 1-1 of Dane Place and its Southerly extension;
and
All that part of the Southeasterly Half of the North Cascade Road Right of Way lying
South and West of the East line of Lot 1-1 of Dane Place and its Southerly extension
and lying North and East of the Easterly Right of Way line of U.S. Highway 20.
Section 2. That all other provisions of Ordinance No. 11-17 not affected or otherwise
revised by this Ordinance No. 11-17-A, as well as all ordinances previously adopted by
this City Council related to the Urban Renewal Plan be and the same are hereby ratified,
confirmed and approved in all respects.
Section 3. That if any section, provision or part of this ordinance shall be adjudged
invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance
or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section 4. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed to the extent of such conflict.
Section 5. This Ordinance shall be in effect after its final passage, approval and publi-
cation as provided by law.
Passed, approved and adopted this 17th day of April, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of April, 2017.
/s/Kevin S. Firnstahl, City Clerk
5. Derby Grange Road Housing Urban Renewal Area - Ordinance Correction: City
Manager recommending approval of an Ordinance correcting the legal description in the
Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area adopted
April 3, 2017. Motion by Connors to receive and file the documents and that the require-
ment that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by
Resnick. Responding to questions from the City Council, City Attorney Brumwell ex-
plained that legal descriptions will now be reviewed by the County Auditor's Office for
accuracy prior to City Council approval. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No.14-17-A Cor-
recting and amending Ordinance No. 14-17, Providing that general property taxes levied
and collected each year on all property located within the Derby Grange Road Housing
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 Com-
munity 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 Urban Renewal Plan
28
for the Derby Grange Road Housing Urban Renewal Area. Seconded by Resnick. Motion
carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 14-17-A
AN ORDINANCE CORRECTING AND AMENDING ORDINANCE NO. 14-17, PROVID-
ING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR
ON ALL PROPERTY LOCATED WITHIN THE DERBY GRANGE ROAD HOUSING UR-
BAN 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 DUBU-
QUE, 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 INDEBTED-
NESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY
IN CONNECTION WITH THE URBAN RENEWAL PLAN FOR THE DERBY GRANGE
ROAD HOUSING URBAN RENEWAL AREA
Whereas, by Resolution No. 133-17, adopted April 3, 2017, this Council found and
determined that certain areas located within the City and County are eligible and should
be designated as an urban renewal area under Iowa law, and approved and adopted the
Urban Renewal Plan (the "Urban Renewal Plan") for the Derby Grange Road Housing
Urban Renewal Area (the "Urban Renewal Area" or "Area") described therein; and
Whereas, the Urban Renewal Plan approved and adopted by Resolution No. 133-17
contained a scrivener's error in the legal description of the Urban Renewal Project Area;
and
Whereas, Ordinance No. 14-17 regarding the general property taxes levied and col-
lected with the Urban Renewal District also contained a scrivener's error in the legal de-
scription of the Urban Renewal Project Area and this amending ordinance is intended to
correct said errors.
NOW, THEREFORE, BE IT ORDAINED BY THE City Council OF DUBUQUE, IOWA:
Section 1: That the legal description of the property located within the Urban Renewal
Project Area of the Urban Renewal District and set forth in Section 1(a) of Ordinance No.
14-17 is hereby corrected and amended to read as follows:
(a) Urban Renewal Project Area shall include that area described as follows:
All that part of the right of way of John F. Kennedy Road lying between the North-
westerly right of way line of Northwest Arterial (Iowa State Highway #32) and the North-
easterly extension of the Northerly line of Lot 2 of Barton Randle Addition, City of Dubu-
que, Iowa; and
All that part of the Easterly half of the right of way of John F. Kennedy Road lying
between the Northeasterly extension of the Northerly line of Lot 2 of Barton Randle
Addition, City of Dubuque, Iowa, and the Easterly extension of the Southerly line of Lot
2 of Lot 1 of the Subdivision of the Southeast Quarter of the Southwest Quarter of
Section 9, T89N, R2E of the 5th P.M., Dubuque County, Iowa; and
A part of Lot 2 the Subdivision of Lot 1 of the Southeast 1/4 of the Southwest 1/4 of
Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County
of Dubuque, Iowa, more particularly described as follows:
29
Commencing as a point of reference at the Northwest corner of Lot 2 of the Subdi-
vision of Lot 1 of the Southeast 1/4 of the Southwest 1/4 of Section 9, Township 89 North,
Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; Thence
North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a
distance of 731.49 feet to the point of beginning; Thence continuing North 88 Degrees
39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of 137.55
feet to the Northeast corner of said Lot 2; Thence Southeasterly along the East line of
said Lot 2, being a circular curve concave to the East, having a radius of 955.37 feet,
a chord of 191.31 feet which bears South 06 Degrees 13 Minutes 07 Seconds East,
an arc length of 191.63 feet; Thence South 11 Degrees 58 Minutes 32 Seconds East
along said East line a distance of 258.07 feet to the Southeast corner of said Lot 2;
Thence South 88 Degrees 05 Minutes 36 Seconds West along the South line of said
Lot 2 a distance of 33.52 feet to a point on the West right of way line of Kennedy Road;
Thence North 11 Degrees 58 Minutes 32 Seconds West along said west right of way
line a distance of 279.21 feet; Thence Northwesterly along said West right of way line,
being a circular curve concave to the East having a radius of 988.37 feet, a chord of
34.46 feet which bears North 10 Degrees 57 Minutes 57 Seconds West, an arc length
of 34.46 feet; Thence North 47 Degrees 24 Minutes 27 Seconds West along said West
right of way line a distance of 159.58 feet to a point on the South right of way line of
Derby Grange Road; Thence North 02 Degrees 06 Minutes 27 Seconds West a dis-
tance of 52.00 feet to the point of beginning; and
All that part of Lot 2 of the Northeast 1/4 of the Southwest 1/4 of Section 9, T89N, R2E
of the 5th P.M., Dubuque County, Iowa, lying within the existing right of way of John F.
Kennedy Road; and
All of Lot 1 of Tscharner Place No. 4, Section 9, Township 89 North, Range 2 East
of the 5th P.M., Dubuque County, Iowa; and
All that part of Lot 2 of Tscharner Place No. 3, Dubuque County, Iowa, lying South
of the North line of the Southwest Quarter of Section 9, T89N, R2E of the 5th P.M. and
East of the Westerly right of way line of John F. Kennedy Road; and
All of Lot 1-A of The Barony, Dubuque County, Iowa; and
All that part of the Northwesterly half of the right of way of John F. Kennedy Road
lying Westerly of the West line of Lot 1 of Hope Evangelical Free Church 1st Addition,
Dubuque County, Iowa, and lying Easterly of the Southerly extension of the West line
of Lot 1-A of The Barony, Dubuque County, Iowa; and
The West 19.85 acres of the North Half of the Southeast Quarter of the Northeast
Quarter of Section 9, Township 89 North, Range 2 East of the 5th P.M., Dubuque
County, Iowa (also known as the North Half of the Southeast Quarter of the Northeast
Quarter of Section 9, Township 89 North, Range 2 East of the 5th P.M., except 10 feet
on the East side of said 20 acres of land reserved for a private roadway, in Dubuque
County, Iowa).
Section 2. That all other provisions of Ordinance No. 14-17 not affected or otherwise
revised by this Ordinance No. 14-17-A, as well as all ordinances previously adopted by
this City Council related to the Urban Renewal Plan be and the same are hereby ratified,
confirmed and approved in all respects.
30
Section 3. That if any section, provision or part of this ordinance shall be adjudged
invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance
or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section 4. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed to the extent of such conflict.
Section 5. This Ordinance shall be in effect after its final passage, approval and publi-
cation as provided by law.
Passed, approved and adopted this 17th day of April, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of April, 2017.
/s/Kevin S. Firnstahl, City Clerk
6. City Council Salary Compensation Review Process Initiation: City Clerk submitting
information for initiating the process of reviewing City Council salary compensation be-
ginning January 1, 2018. Motion by Connors to receive and file the documents and direct
the City Clerk to begin the process. Seconded by Resnick. Mayor Buol reiterated that City
Council Members should provide the name of their task force representative to the City
Clerk by May 1, 2017. Motion carried 6-0.
7. Request for Quarterly Sustainable Dubuque Work Session: City Manager recom-
mending that the City Council schedule a Sustainable Dubuque Quarterly Work Session
for Monday, May 8, 2017 at 6:00 p.m. Motion by Connors to receive and file the docu-
ments and set the work session as recommended. Seconded by Jones. Motion carried 6-
0.
COUNCIL MEMBER REPORTS
Council Member Jones expressed sympathies on behalf of the City Council to Council
Member Kevin Lynch on the death of his brother and on the death of Special Olympics
organizer and community leader Paul Gorrell.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:07 p.m. to discuss pending litigation
and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa.
Seconded by Connors. Mayor Buol stated for the record that the attorney who will consult
with City Council on the issues to be discussed in closed session is City Attorney Crenna
Brumwell. Motion carried 6-0.
Upon motion, the City Council reconvened in open session at 7:35 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 7:36 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
31