5 21 18 City Council Proceedings Official_Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on May 21, 2018 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios, Shaw;
City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Public Works Week (May 20-26, 2018) was accepted by Public Works Director John
Klosterman, Assistant Public Works Director Renee Tyler, Street/Sewer Foreman Ron
Gulyash, and Field Supervisor Paul Davis.
2. LGBTQ+ Pride Month (June 2018) was accepted by Indigo Channing of Better To-
gether Dubuque.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Jones. Motion carried 7-0.
1. Minutes and Reports Submitted: Airport Commission of 4/23; City Council Proceed-
ings of 5/7, 5/14; Catfish Creek Watershed Management Authority of 5/4; Five Flags Civic
Center Advisory Commission of 5/2; Housing Commission of 1/23, 3/27, 4/24; Human
Rights Commission of 4/9; Library Board of Trustees Council Update #170 of 4/26; Transit
Advisory Board of 5/1; Zoning Advisory Commission of 5/2; Proof of publication for City
Council Proceedings of 4/30. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Jerry Brandenburg for personal injury; Charles Northrup,
Jr. for vehicle damage; Mary Peterson for personal injury; Anthony Rhomberg for vehicle
damage. Upon motion the documents were received, filed, and referred to the City Attor-
ney.
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: Jerry Brandenburg for personal injury; Charles C. Northrup, Jr. for vehicle
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damage; Mary Peterson for personal injury; Anthony Rhomberg for vehicle damage . Upon
motion the documents were received, filed, and concurred.
4. Teri Goodmann Re-Appointed to U.S. EPA Local Government Advisory Committee:
Correspondence from the U.S. Environmental Protection Agency (EPA) announcing that
Assistant City Manager Teri Goodmann has been re -appointed to the Agency's Local
Government Advisory Committee in Region 7. Upon motion the document was received
and filed.
5. Sustainable Dubuque Community Grant Recommendation: City Manager recom-
mending approval of the Resiliency Community Advisory Commission recommendations
for nine projects requesting funding from the Sustainable Dubuque Community Grant
Program. Upon motion the documents were received, filed and approved.
6. March 31, 2018 Quarterly Investment Report: City Manager transmitting the March
31, 2018 Quarterly Investment Report. Upon motion the documents were received and
filed.
7. Plat of Survey BGJ Kremer Place: Zoning Advisory Commission recommending ap-
proval of the Plat of Survey of BGJ Kremer Place off Hwy. 151, waiving the lot frontage
requirement for Lot 1. Upon motion the documents were received and filed, and Resolu-
tion No. 143-18 Approving the Plat of Survey of BGJ Kremer Place in Dubuque County,
Iowa was adopted.
RESOLUTION NO. 143-18
APPROVING THE PLAT OF SURVEY OF BGJ KREMER PLACE IN DUBUQUE
COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey BGJ Kremer Place
in the Dubuque County, Iowa; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission
and its approval has been endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that
it conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Plat of Survey BGJ Kremer Place is hereby approved and the
Mayor and City Clerk are hereby authorized and directed to endorse the appro val of the
City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 21st day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Final Plat of Shagbark Estates: Zoning Advisory Commission recommending ap-
proval of the Final Plat for Shagbark Estates off Derby Grange Road. Upon motion the
documents were received and filed, and Resolution No. 144-18 Approving the Final Plat
of Shagbark Estates in the City of Dubuque and Dubuque County, Iowa was adopted.
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RESOLUTION NO. 144-18
APPROVING THE FINAL PLAT OF SHAGBARK ESTATES IN THE CITY OF DUBU-
QUE AND DUBUQUE COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Shagbark Estates in
the City of Dubuque and Dubuque County, Iowa; and
Whereas, the final plat has been examined by the Zoning Advisory Commission and
its approval has been endorsed thereon; and
Whereas, said final plat has been examined by the City Council and the City Council
find the final plat conforms to the applicable statutes and ordinances related thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Final Plat of Shagbark Estates is hereby approved and the Mayor
and City Clerk are hereby authorized and directed to endorse the approval of the City of
Dubuque, Iowa, upon said final plat, provided the owners of said property herein named,
execute their written acceptance of the attached conditions:
Section 2. That sidewalk installation shall be the responsibility of each lot owner for
each lot abutting the public right-of-way, including lots with multiple frontages, as required
by City Code Chapter 10-1-2 (Sidewalk Installation and Repair).
Section 3. That the owners must construct and maintain erosion control devices in
Shagbark Estates which control erosion and prevent sediment from leaving the site.
Section 4. That access to Derby Grange Road is prohibited from Lot 1 of Shagbark
Estates.
Section 5. That Lot 5 Shagbark estates is unbuildable until such time that streets, water
main and sanitary sewer mains are installed along all street frontages.
Section 6. That the planting of street trees shall be coordinated with the City Forester.
Any trees planted within the street right-of-way must be chosen and planted by the City
of Dubuque Leisure Services Department at the developer’s expense.
Section 7. That in the event James F. Kress and Janet M. Kress fail to execute the
acceptance within 180 days after the date of this Resolution, the provisions hereof shall
be null and void and the acceptance of the dedication and approval the plat shall not be
effective.
Passed, approved, and adopted this 21st day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACCEPTANCE OF RESOLUTION NO. 144-18
We, the undersigned, James F. Kress and Janet M. Kress, having read the terms and
conditions of the Resolution No. 144-18 and being familiar with the conditions thereof
hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this day of 2018.
/s/James. F. Kress
/s/Janet M. Kress
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9. Splash Pads Research – City Council 2017-19 Policy Agenda: City Manager trans-
mitting information on splash pad circulating systems, surfacing, fencing, hours, fees,
Iowa city comparisons, location consideration, as well as general capital and operating
costs. Upon motion the documents were received and filed.
10. 2018 Bulletproof Vest Partnership (BVP) Application: City Manager recommending
approval of an application to the Department of Justice, Bureau of Justice Assistance for
the 2018 Bulletproof Vest Partnership Program, which reimburses local units of govern-
ment up to 50% of the cost of body armor vest purchases for law enforcement officers.
Upon motion the documents were received, filed and approved.
11. Port of Dubuque Brewery - First Amendment to Development Agreement: City
Manager recommending approval of the First Amendment to the Development Agree-
ment (the Agreement) between the City of Dubuque and Port of Dubuque Brewery De-
velopment, LLC for the redevelopment of the former Dubuque Star Brewery at 600 Star
Brewery Drive. Upon motion the documents were received and filed, and Resolution No.
145-18 Approving the First Amendment to the Development Agreement between the City
of Dubuque, Iowa and Port of Dubuque Brewery Development, LLC was adopted.
RESOLUTION NO. 145-18
APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA AND PORT OF DUBUQUE BREWERY DE-
VELOPMENT, LLC
Whereas the City of Dubuque, Iowa (City) and Port of Dubuque Brewery Development,
LLC (Developer) entered into a Development Agreement dated for reference purposes
the 17th day of July, 2006 for the redevelopment of the property at the former Dubuque
Star Brewery Building; and
Whereas City and Developer now desire to amend the Development Agreement as set
forth in the First Amendment to Development Agreement [Provided] hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the First Amendm ent to Development
Agreement.
Section 2. The Mayor is authorized and directed to sign the First Amendment to De-
velopment Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 21st day of May, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Multicultural Family Center Agreement: City Manager recommending acceptance
of a five-year Agreement between the City of Dubuque and the Multicultural Family Cen-
ter. Upon motion the documents were received, filed and approved. (See Council Member
Reports)
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13. Acceptance of Permanent Easement for Storm Sewer at 545 Villa Street : City Man-
ager recommending acceptance of a permanent easement for storm sewer from Bradley
and Ann Palzkill over property at 545 Villa Street. Upon motion the documents were re-
ceived and filed, and Resolution No. 146-18 Accepting a Grant of Easement for storm
sewer over and across a part of Lot 1 and Lot 2 of the Subdivision of Lot 25 in Levi’s
Addition, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 146-18
ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER OVER AND ACROSS
A PART OF LOT 1 AND LOT 2 OF THE SUBDIVISION OF LOT 25 IN LEVI’S ADDI-
TION, IN THE CITY OF DUBUQUE, IOWA
Whereas, Bradley P. Palzkill and Ann M. Palzkill have executed an Easement for Storm
Sewer through, over and across a Part of Lot 1 and Lot 2 of the Subdivision of Lot 25 in
Levi’s Addition, in the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Storm Sewer through, over and across a Part
of Lot 1 and Lot 2 of the Subdivision of Lot 25 in Levi’s Addition, in the City of Dubuque,
Dubuque County, Iowa from Bradley P. Palzkill and Ann M. Palzkill, a copy of which is
[Provided] 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 and directed to record this resolution
and easement with the Dubuque County Recorder.
Passed, approved and adopted this 21st day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Acceptance of Derby Grange Sanitary Sewer Extension Project: City Manager rec-
ommending acceptance of the construction contract for the Derby Grange Sanitary Sewer
Extension Project, as completed by Connolly Construction. Upon motion the documents
were received and filed, and Resolution No. 147-18 Accepting the Derby Grange Sanitary
Sewer Extension Project and authorizing the payment of the contract amount to the con-
tractor was adopted.
RESOLUTION NO. 147-18
ACCEPTING THE DERBY GRANGE SANITARY SEWER EXTENSION PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Derby Grange Sanitary Sewer Extension Project (the Project) has been
completed and the City Engineer has examined the work and filed a certificate stating
that the Project has been completed according to the terms of the Public Improvement
Contract and that the City Engineer recommends that the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Derby Grange Sanitary Sewer Extension appropriation for the contract amount of
$372,806.79 less any retained percentage provided for therein as provided in Iowa Code
chapter 573, and to pay such retainage only in accordance with the provisions of Iowa
Code chapter 573.
Passed, approved and adopted this 21st day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Acceptance of Grandview Avenue Streetlight and Fiber Project: City Manager rec-
ommending acceptance of the public improvement for the Grandview Avenue Street Light
and Fiber Project as completed by Eastern Iowa Directional Drillers. Upon motion the
documents were received and filed, and Resolution No. 148-18 Accepting the Grandview
Avenue Street Light and Fiber Project and authorizing the payment of the contract amount
to the contractor was adopted.
RESOLUTION NO. 148-18
ACCEPTING THE GRANDVIEW AVENUE STREET LIGHT AND FIBER PROJECT
AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CON-
TRACTOR
Whereas, the Public Improvement Contract for the Grandview Avenue Intersection Im-
provement Project (the Project) has been completed and the City Engineer has examined
the work and filed a certificate stating that the Project has been completed according to
the terms of the Public Improvement Contract and that the City Engineer recommends
that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Grandview Avenue Street Light and Fiber Project capital improvement appropriation for
the contract amount of $36,215.00 less any retained percentage provided for therein as
provided in Iowa Code chapter 573, and to pay such retainage only in accordance with
the provisions of Iowa Code chapter 573.
Passed, adopted and approved this 21st day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE GRANDVIEW
AVENUE STREET LIGHT AND FIBER PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Grandview Avenue Street Light and Fiber Project, and that said Project
has been performed in compliance with the terms of the Public Improvement Contract,
and that the total cost of the completed work is $36,215.00.
Dated this 14th day of May 2018.
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/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 14th day of May 2018.
/s/Kevin S. Firnstahl, City Clerk
16. Awarding the Clarke Drive and Locust Street Intersection Improvement Project:
City Manager recommending that the award for the Clarke and Locust Intersection Im-
provement Project be officially recorded in the minutes of the City Council. Upon motion
the documents were received, filed and made a Matter of Record.
17. Awarding the Cummins Street Retaining Wall Reconstruction Project : City Man-
ager recommending that the award for the Cummins Street Retaining Wall Reconstruction
Project to Drew Cook & Sons Excavating, Co., Inc., be officially recorded in the minutes
of the City Council. Upon motion the documents were received, filed and made a Matter
of Record.
18. Citizen Correspondence Related to Sidewalks on John F. Kennedy Road: Citizen
correspondence in opposition to and in favor of the installation of sidewalks along John
F. Kennedy Road from Asbury Road to the NW Arterial (IA 32). Upon motion the docu-
ments were received, filed, and referred to the City Manager.
19. Signed Contract(s): Belstar Media Lease for Federal Building space; Dubuque
Area Labor-Management Council Lease for Federal Building space; Dubuque County
Lease for Federal Building space; Iowa State University of Science and Techno logy
Lease for Federal Building space; United States Postal Service Lease for Federal Building
space; Dubuque by Carriage/Colleen Lindstrom Lease for Commercial Street/Dock Board
Building; Larry Gearheart Revocable License for fence maintenance at 1580 Jac kson
Street. Upon motion the documents were received and filed.
20. Alcohol and Tobacco License Applications: City Manager recommending approval
of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion
the documents were received and filed, and Resolution No. 149-18 Approving applica-
tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi-
nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits; and Resolution No. 150-18 Approving ap-
plications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa
Code Chapter 453A.47A were adopted.
RESOLUTION NO. 149-18
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
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Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be i ssued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Days Inn & Spirits Bar and
Grill
1111 Dodge St. Class B Liquor (Outdoor)
(Sunday)
Easy Street 30 Main St. Class C Liquor (Outdoor)
(Sunday)
Hartig Drug Company #2 157 Locust St. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Hilton Garden Inn &
Q Casino & Houlihan's
1801 & 1855 Grey-
hound Park Dr.
Class B Liquor, Class B Wine
(Catering) (Outdoor) (Sunday)
Hy-Vee Wine & Spirits "A" 3500 Dodge St. Class E Liquor, Class B Wine,
Class B Beer (Sunday)
Jack's Lounge 1113 Main St. Class C Liquor (Sunday)
Lot One, LLC 100 Main St. Class C Liquor (Outdoor)
(Sunday)
Ooh La La 3460 Hillcrest Rd. Class B W ine
Pioneers Rest Stop 4900 Old Highway Rd. Class C Beer (Sunday)
Port of Dubuque Marina 450 East 3rd St. Class B Beer, Class B Native
Wine (Outdoor) (Sunday)
Shot Tower Inn 390 Locust St. Class C Liquor (Sunday)
Walgreens #06154 2260 J.F. Kennedy Rd. Class E Liquor, Class B Wine,
Class B Beer (Sunday)
Walgreens #09708 55 J.F. Kennedy Rd. Class E Liquor, Class B Wine,
Class B Beer (Sunday)
Special Event
Shenanigans Pub 3203 Jackson St. Adding Outdoor Service
New
Locust Tobacco and Liquor 408 W. Locust St. Class E Liquor, Class B Wine,
Class B Beer (Sunday)
Riggs Bar and Grill 2010 Kerper Blvd. Class C Liquor (Outdoor)
(Sunday)
Passed, approved, and adopted this 21st day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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RESOLUTION NO. 150-18
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 Ordina nces.
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.
Business Name Business Location
Locust Tobacco and Liquor 408 W. Locust St.
Passed, approved, and adopted this 21st day of May, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick 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 Larson. Motion carried 7-0.
1. Development Agreement with 3000 Jackson, LC to Redevelop Property at 3000 -
3040 Jackson Street (Former Dubuque Malting & Brewing Building): City Manager rec-
ommending that the City Council set a public hearing for June 4, 2018, on the Develop-
ment Agreement with 3000 Jackson, LC f or the redevelopment of property at 3000-3040
Jackson Street (former Dubuque Malting & Brewing Building) to create between 110 and
120 apartments. Upon motion the documents were received and filed, and Resolution No.
151-18 Fixing the date for a public hearing of the City Council of the City of Dubuque,
Iowa on the approval of a Development Agreement between the City of Dubuque and
3000 Jackson, LC, including the issuance of Urban Renewal Tax Increment Revenue
Obligations and providing for the publication of notice thereof was adopted setting a public
hearing for a meeting to commence at 6:00 p.m. on June 4, 2018 in the Historic Federal
Building.
RESOLUTION NO. 151-18
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE APPROVAL OF A DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE AND 3000 JACKSON, LC, INCLUDING THE ISSU-
ANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS, AND
PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City and 3000 Jackson, LC have entered into a Development Agreement,
subject to the approval of the City Council, for the rehabilitation of property located at
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3000-3040 Jackson Street, a copy of which Development Agreement is now on file at the
Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa; and
Whereas, the City Council has tentatively determined that it would be in the best inter-
ests of the City to approve the Development Agreement with 3000 Jackson, LC; and
Whereas, the Development Agreement provides for the issuance of Urban Renewal
Tax Increment Revenue Obligations, as provided by Iowa Code Chapter 403; and
Whereas, before said Obligations may be approved, Iowa Code Chapter 403 requires
that the City Clerk publish a notice of the proposal and of the time and place of the meeting
at which the City Council proposes to take action thereon and at which meeting the City
Council shall receive oral and/or written objections from any resident or property owner
of said City to such proposed action.
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 a notice to be
published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's
intent to approve the Development Agreement and the issuance of Urban Renewal Tax
Increment Revenue Obligations, to be held on the 4th day of June, 2018, at 6:00 o'clock
p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th St., Dubu-
que, Iowa. It is expected that the aggregate amount of the Tax Increment Revenue obli-
gations to be issued will be approximately $1,822,000.
Section 2. The Clerk is hereby directed to cause at least one publication to be made
of a notice of said meeting, in a newspaper, printed wholly in the English language, pub-
lished at least once weekly, and having general circulation in said City, said publication
to be not less than four days nor more than twenty days before the date of said meeting
on the issuance of said obligations. The n otice of the proposed action to issue said obli-
gations shall be in substantially the form attached hereto.
Passed, approved, and adopted this 21st day of May, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Disposal of City Property at 460 E. 18th Street: City Manager recommending that the
City Council set a public hearing for June 4, 2018, on the disposal of property described
as Lot 1 of Marde Place in the City of Dubuque, Iowa, by conveyance to Metx, LLC related
to development of 1690 Elm Street. Upon motion the documents were received and filed,
and Resolution No. 152-18 Intent to Dispose of an interest in City of Dubuque Real Estate
located at 460 East 18th Street and legally described as Lot 1 of Marde Place in the City
of Dubuque, Iowa, to Metx, LLC, and fixing the date for a public hearing and providing for
the publication of notice thereof was adopted setting a public hearing for a meeting to
commence at 6:00 p.m. on June 4, 2018 in the Historic Federal Building.
RESOLUTION NO. 152-18
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE LO-
CATED AT 460 EAST 18TH STREET AND LEGALLY DESCRIBED AS LOT 1 OF
MARDE PLACE IN THE CITY OF DUBUQUE, IOWA, TO METX, LLC, AND FIXING
THE DATE FOR A PUBLIC HEARING AND PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
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Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property
(the Property);
Lot 1 of Marde Place in the City of Dubuque, Iowa; and
Whereas, City has entered into a Development Agreement between the City of Dubu-
que, Iowa and Metx LLC dated October 12, 2017 (the Agreement); and
Whereas, the Code of Iowa requires that the City Clerk publish a notice of the proposal
and of the time and place of the meeting at which the City Council proposes to take action
thereon and at which meeting the City Council shall receive oral and/or written objections
from any resident or property owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest in Lot 1 of Marde
Place in the City of Dubuque, Iowa by sale to Metx, LLC, pursuant to the terms and con-
ditions of the Development Agreement between the City of Dubuque, Iowa and Metx LLC
dated October 12, 2017.
Section 2. That a public hearing on the intent to dispose of Lot 1 of Marde Place, in the
City of Dubuque, Iowa by sale to Metx, LLC is hereby set for the 4th day of June, 2018, at
the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:00 p.m.,
and the City Clerk is hereby authorized and directed to cause a notice of public hearing
on the intent to dispose of said real estate to be published in the manner as p rescribed
by law.
Section 3. The City Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said publica-
tion to be not less than four days nor more than twenty days before the date of said
meeting on the disposal of the City’s interest in the Property.
Section 4. That the notice of the proposed action shall be in substantially the form
[Provided] hereto.
Passed, approved, and adopted this 21st day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Flora Park Skate Park Project Initiate: City Manager recommending initiation of the
bidding procedure for the Dubuque Skate Park Project at Flora Park, and further recom-
mends that a public hearing be set for June 4, 2018. Upon motion the documents were
received and filed, and Resolution No. 153-18 Preliminary approval of plans, specifica-
tions, form of contract, and estimated cost; setting date of public hearing on plans, spec-
ifications, form of contract, and estimated cost; and ordering the advertisement for bids
was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on June 4,
2018 in the Historic Federal Building.
RESOLUTION NO. 153-18
DUBUQUE SKATE PARK IMPROVEMENT PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
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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 Dubu-
que Skate Park Project in the estimated amount of $663,000, 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 4th day of June, 2018, 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
is hereby directed to cause the [Provided] 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.
Dubuque Skate Park Improvement 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 [Provided] Notice to Bidders to be pub-
lished in the Master Builders of Iowa Plan Room, The Construction Update Network and
posted on the City of Dubuque website at www.cityofdubuque.org/bids. Publication will
occur not less than thirteen but not more than forty-five days before the date for filing bids
before 2:00 p.m. on the 8th day of June, 2018. 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 18th day of June, 2018, in the Historic Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 21st day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointment to the following Board was made at this meeting.
1. Electrical Code Board: One, 3-year terms through May 21, 2021 (Expiring term of
Uhlrich). Applicant: Paul Uhlrich, 489 Olympic Heights Rd. Motion by Jones to appoint
Mr. Uhlrich to a 3-year term through May 21, 2021. Seconded by Del Toro. Motion carried
7-0.
PUBLIC HEARINGS
The City Clerk received concurrence to move Public Hearing #5 Medline Industries,
Inc. to follow Public Hearing Nos. 10 & 11 for proper action relative to Dubuque Industrial
Center West Urban Renewal Amendments versions 2018.1 and 2018.2.
13
1. Request to Rezone - Royal Oaks Development Corporation in Conjunction with An-
nexation - Tabled from April 16, 2018: City Manager recommending that the City Council
re-table the public hearing on the rezoning request from Royal Oaks Development to the
June 18, 2018 City Council meeting, to allow time for the Zoning Advisory Commission to
reconsider the rezoning at their June 6, 2018 meeting, and then provide a recommenda-
tion to the City Council for the June 18, 2018 meeting. Motion by Jones to remove from
the table and re-table to June 18, 2018. Seconded by Resnick. Motion carried 7 -0. (See
motion below No. 2).
2. Voluntary Annexation -Portion of Silver Oaks Estates - Tabled from April 16, 2018:
City Manager recommending the City Council re-table the public hearing on the voluntary
annexation request from Royal Oaks Development to the June 18, 2018 City Council
meeting, to allow time for the Zoning Advisory Commission to reconsider the rezoning at
their June 6, 2018 meeting, and then provide a recommendation to the City Council for
the June 18, 2018 meeting.
Motion by Jones to remove Public Hearing Nos. 1 & 2 from the table and re-table to
June 18, 2018. Seconded by Resnick. Motion carried 7 -0.
3. Request to Rezone a Portion of Property at 1091 Rockdale Road : Correspondence
from Attorney Davin Curtis on behalf of Christopher Lange withdrawing a request to re-
zone a portion of property at 1091 Rockdale Road from R-4 Multi-Family Residential Dis-
trict to C-3 General Commercial District. Motion by Larson to receive and file the docu-
ments and accept the withdrawal. Seconded by Resnick. Planning Services Manager
Laura Carstens stated that Mr. Lange has agreed to comply by August 1, 2018. Motion
carried 7-0.
4. Request to Rezone a Portion of Property on Nevada Street Owned by the Church
of the Nativity: Proof of publication on notice of public hearing to consider approval of a
request by the Church of the Nativity to rezone a portion of their property along Nevada
Street (behind 1225 Alta Vista Street) and the Zoning Advisory Commission recommend-
ing approval. Motion by Jones to receive and file the documents and that the requirem ent
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.
Using display boards, developer Scott Kwiecinski of Horizon Development Group, Inc.,
provided background of their recent Applewood projects, and described the project’s his-
tory and timeline. Planning Services Manager Laura Carstens provided a staff report.
Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 16-18 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re-
classifying hereinafter described property located at 1225 Alta Vista Street from R -2 Two-
Family Residential District to OR Office Residential District. Seconded by Del Toro. Mo-
tion carried 7-0.
14
OFFICIAL PUBLICATION
ORDINANCE NO. 16-18
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1225 ALTA VISTA STREET FROM R-2 TWO-FAMILY RES-
IDENTIAL 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:
As shown on Exhibit A, and to the centerline of the adjoining public right-of-way, all in
the city of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad-
visory 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 21st day of May 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspap er on the 23rd day of May 2018.
/s/Kevin S. Firnstahl, City Clerk
5. Medline Industries, Inc. - Proposed Development Agreement, Intent to Dispose of
City- Owned Real Estate, and the Issuance of Urban Renewal Tax Increment Revenue
Grant Obligations Pursuant to the Development Agreement (Moved to follow Public Hear-
ing Nos. 10 & 11.)
6. Black Hills / Iowa Gas Utility Company, LLC Non-Exclusive Franchise Agreement:
Senior Counsel recommending approval of a new, twenty-five (25) year franchise agree-
ment with Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy, a succes-
sor to Peoples Natural Gas Company. Motion by Jones to receive and file the documents
and that the requirement that a proposed ordinance be considered and voted on for pas-
sage at two Council meetings prior to the meeting at which it is to be passed be sus-
pended. Seconded by Larson. Responding to questions from the City Council, City Man-
ager Van Milligen and City Attorney Crenna Brumwell stated that gas coverage must be
extended to residents within the City limits at the resident’s cost as outlined in Section 11
of the Agreement. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 17-18 Repealing
Ordinance No. 43-93 and granting to Black Hills/Iowa Gas Utility Company, LLC D/B/A
Black Hills Energy, a Delaware Corporation, its Successors and Assigns, the Right and
Nonexclusive Franchise to Maintain and Operate its Existing Gas Distribution System in
the City of Dubuque, Iowa, for a period of 25 Years, and Authorizing the City to Collect
Franchise Fees. Seconded by Larson. Motion carried 7-0.
15
OFFICIAL PUBLICATION
ORDINANCE NO. 17-18
REPEALING ORDINANCE NO. 43-93 AND GRANTING TO BLACK HILLS/IOWA GAS
UTILITY COMPANY, LLC d/b/a BLACK HILLS ENERGY, A DELAWARE CORPORA-
TION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON- EXCLUSIVE FRAN-
CHISE TO MAINTAIN AND OPERATE ITS EXISTING GAS DISTRIBUTION SYSTEM
IN THE CITY OF DUBUQUE, IOWA, FOR A PERIOD OF 25 YEARS, AND AUTHORIZ-
ING THE CITY TO COLLECT FRANCHISE FEES
BE IT ENACTED by the City Council of the City of Dubuque, Iowa:
Except as explicitly provided in Section 22 hereof regarding the continuation of the
present franchise fee, Ordinance No. 43-93, (City Code Sections 11-4-1 through 11-4-25
both inclusive), shall upon the effective date of this franchise be repealed and replaced
by this Ordinance. Upon the effective date of this Ordinance, all prior franchises granted
to the company to furnish gas to the city and its inhabitants are hereby repealed and all
other ordinances or parts of ordinances in conflict herewith are also hereby repealed.
Section 1. Definitions. Whenever the following words or terms are used in this chapter,
they shall be intended and held to have the meanings ascribed to them in this section:
CITY: The City of Dubuque, Iowa.
COMPANY: Black Hills/Iowa Gas Utility Company, LLC dba Black Hills Energy, a Del-
aware Corporation, its successors and assigns.
FRANCHISE: The grant of authority contained in this ordinance as accepted by the
company.
GRANTEE: Black Hills/Iowa Gas Utility Company, LLC dba Black Hills Energy, a Del-
aware Corporation, its successors and assigns.
IOWA UTILITIES BOARD: The utilities board or utilities division established by Iowa
Code chapter 474 (or its successor).
MIXED GAS: Natural gas mixed with other combustible gases by company to augment
the company's gas supply.
STREET: Streets, alleys, bridges, avenues, highways and other similar public places
used for transportation purposes within the city.
Section 2. Grant of Franchise.
(1) There is hereby granted to Black Hills/Iowa Gas Utility Company, LLC dba Black
Hills Energy, a Delaware Corporation (the company), its successors and assigns, for
a period of twenty-five (25) years a nonexclusive authority to maintain and operate its
existing gas distribution system and construct extensions thereto within the limits of
the city including any areas added to the city by annexation or otherwise, together with
all necessary facilities and equipment (mains, piping and appurtenances) in, upon ,
over, across, and along the streets of the city for the transmission, distribution and sale
of natural gas or mixed gas therein.
(2) The company is granted the right to exercise powers of eminent domain.
(3) The city council reserves to itself the right to extend this franchise to specific
areas or corridors within parks at the request of the company.
(4) The city further reserves to itself the right to produce, supply, transmit, sell, or
transport pipeline quality biogas produced from city, affiliate 28E organizations, or city’s
subcontractors. City may distribute pipeline quality biogas to city or affiliate 28E organ-
16
ization facilities, but city shall not distribute pipeline quality biogas to t hird-party cus-
tomer facilities. City shall be allowed to produce, supply, transmit, sell, transport, or
distribute non-pipeline quality biogas, commonly referred to “dirty” gas, to city or affili-
ate 28E organization facilities or to third-party customer facilities. The company shall
transport gas purchased or produced by the city over the company’s system in accord-
ance with applicable rules, laws and the company’s natural gas tariff on file with the
Iowa Utilities Board. Company shall not be required to extend or expand its system if
such extension or expansion does not comply with company’s feasibility model.
Section 3. Street Usage.
(1) The city reserves to itself the power to impose reasonable regulations on the
company’s use of streets. The company shall not locate any new or reconstructed gas
service lines or other improvements of any kind within the city in the public rights of
way without the approval of the city. The company agrees to consult with the city as to
the location of any new high-pressure gas pipelines carrying a pressure of seventy (70)
pounds or more that will be outside the city limits which will serve the city, and use its
best efforts to place such lines so they will be compatible with any impacted zoning,
economic development, growth and other plans of the city.
(2) In the use of right-of-way under this franchise, the company shall be subject to
all rules, regulations, policies, resolutions, and ordinances now or hereafter adopted or
promulgated by the city in the reasonable exercise of its police power. In addition, the
company shall be subject to all rules, regulations, policies, resolutions, and ordinances
now or hereafter adopted or promulgated by the city relating to permits, sidewalk and
pavement cuts, utility location, construction coordination, screening, and other require-
ments on the use of the right-of-way; provided, however, that nothing contained herein
shall constitute a waiver of or be construed as waiving the right of the company to
oppose, challenge, or seek judicial review of, in such manner as is now or may here-
after be provided by law, any such rules, regulation, policy, resolution, and ordinance
proposed, adopted, or promulgated by the city. Further, the company shall comply with
the following:
(3) All facilities placed above ground in street right-of-way after the date hereof shall
be located behind the sidewalk where feasible and screened from public view in a
manner that will not interfere with ADA requirements or cause visibility issues as de-
termined by the City Engineer. Upon request of the company, the original screening
materials may be provided by the city or the city's contractor at the company's expense
in conjunction with and as part of the city program for right-of-way maintenance. At the
request of the company, the city or adjacent property owner will thereafter maintain
such original screening materials at the city's own expense and/or direction provided
that the city made the selection of or subsequently approves the materials so main-
tained. Notwithstanding the above, the company shall use its best efforts to provide
that all facilities constructed, replaced, or relocated in the right -of-way after the date
hereof shall be placed underground unless, because of the nature of the facility or the
standard construction or operating practices of the company, the company reque sts
such Facilities be placed above ground. Upon such request, the city engineer or right-
of-way coordinator shall review and approve the plans for the above ground placement
of Facilities in accordance with reasonable procedures established by the city, a nd
subject to such reasonable conditions as the city may establish for public safety, ap-
17
pearance, or coordination with Public Improvements. Further, where reasonable, prac-
tical, and appropriate and where adequate Right-of-Way exists, the company shall
screen or shall place above-ground Facilities underground in conjunction with city cap-
ital improvement projects and/or at specific locations requested by the city provided
that such placement is practical, efficient, and economically feasible.
(4) The city encourages the conservation of right-of-way by the sharing of space by
all utilities. Notwithstanding provision of this franchise prohibiting third party use, to the
extent required by federal or state law, the company will permit any other franchised
entity by appropriate contract or agreement negotiated by the parties to use any and
all facilities constructed or erected by the company.
Section 4. Excavations and Other Works; Vacated Property.
(1) In making excavations in any streets, avenues, alleys and public places, the
company shall not unreasonably obstruct the use of the streets, avenues, alleys or
public places. The company in making any such excavations shall, if required by ordi-
nance, obtain a city permit therefor and shall not unnecessarily obstruct the use of
streets, avenues, alleys, or public places and shall provide the city manager or city
manager’s designee or such other person as the city may designate with twenty four
(24) hours’ notice prior to the actual commencement of the work, and shall comply with
all provisions and requirements of the city in its regulation of the use of city right of way
in performing such work. In emergencies which require immediate excavation, the
company may proceed with the work without first applying for or obtaini ng a permit,
provided, however, that the company shall apply for and obtain an excavation permit
as soon as possible after commencing such emergency work. The company shall com-
ply with all provisions and requirements of the city in its regulation of the us e of city
right of way in performing any excavations. The company shall comply with all city
ordinances regarding paving cuts, placement of facilities and restoration of pavement
and other public infrastructure. The company shall replace the surface, resto ring the
condition as existed prior to the company’s excavation, but shall not be required to
improve or modify the public right of way unless said improvement is necessary to
meet a SUDAS (statewide urban design and specifications) standard, a requirement
of the Americans with disabilities act, or any other standard mandated by state or fed-
eral law, provided however, if any improvement is requested or required for aesthetic,
cosmetic or similar purposes not mandated by state or federal law the city shall r eim-
burse the company the incremental cost of such improvements. The company shall
complete all repairs in a timely and prompt manner. Company agrees any replacement
of road surface shall conform to current city ordinances regarding its depth and com-
position.
(2) The city when vacating a street, avenue, alley, public ground or public right of
way shall not deprive the company of its right to operate and maintain existing facilities
and their replacements on, below, above, or beneath the vacated property. Prior to the
city abandoning or vacating any street, avenue, alley, right of way or other public
ground where the company has facilities, the city shall grant the company a utility ease-
ment for said facilities. This section shall not apply to the realignment, reconstruction,
or vacation of streets or alleys in a designated urban renewal area; provided, however,
the city shall identify, reserve, and make available alternate locations for facilities to
serve the designated urban renewal area consistent with the technical needs of the
company.
18
Section 5. Relocation of Pipes, Conduit, and Services; Public Improvements.
(1) Whenever the city shall pave or repave any street or shall change the grade line
of any street or public place or shall construct or reconstruct any conduit, water main
service or water connection, sewer or other municipal public works or utility, it shall be
the duty of the company, when so ordered by the city, to change its mains, services
and other property in the streets or other public places at its own expense so as to
conform to the established grade or line of such street or public place and so as not to
interfere with the conduits, sewers, municipal public works or utilities, and other mains
so constructed or reconstructed. However, the company shall not be required to relo-
cate pipes, mains and appurtenances when the street, alley or public grounds, in which
they are located, is vacated for the convenience of abutting property owners and not
as an incident to a public improvement, unless the reasonable cost of such relocation
and the loss and expense resulting therefrom is first paid to the company by the abut-
ting property owners. In the case of public improvements, including, but not limited to,
urban renewal projects, the city may require the company to relocate pipes, mains,
services and appurtenances in the streets at company’s expense.
(2) The city may at its discretion assign personnel for inspection of excavation and
related work being performed by the company. Should the company fail or refuse to
do and perform the things provided in this chapter, the city may, after reasonable no-
tice, perform the work and charge the reasonable and necessary expense thereof to
the company and the company shall promptly pay said charges.
(3) In the event the company is required to move, remove or modify the placement
of any of its facilities located within the city because of any public improvement or public
purposes of the city, the company shall do so at its own expenses as directed by the
city. In planning for the extension or modification of streets and roads, the city shall, to
the extent practicable in the discretion of its public works director, design such changes
to limit the need for the relocation of company facilities.
(4) The city may require the company for the purposes of facilitating the construc-
tion, reconstruction, maintenance or repair of the street, avenue, right of way or alley,
public places or grounds in accord with the ordinances of the city at the company’s
cost and expense in accordance with Iowa law, including company’s tariff on file with
and made effective by the Iowa Utilities Board as may subsequently be amended, to
construct, replace, repair, locate and relocate its existing facilities or equipment in, on,
over or under any public street, avenue, right of way, alley, public places or grounds in
the city in such a manner as the city may reasonably require, except the company shall
not be required to construct, replace, repair, locate and relocate existing facilities where
company facilities are located in private easements (whether titled in the company or
other entities) unless said private easement is upon land owned by the city.
(5) If the city orders or requests the company to relocate its existing facilities or
equipment for any reason other than as specified above, or as the result of the initial
request of a commercial or other nonpublic development, the company shall receive
payment for the cost of such relocation as a precondition to relocating its existing fa-
cilities or equipment.
(6) The company shall not be required to relocate, at its cost and expense, company
facilities in the public right of way that have been relocated at company expense at the
direction of the city in the previous two (2) years.
19
(7) The city shall consider reasonable alternatives in designing its public works pro-
jects so as not arbitrarily to cause the company unreasonable additional expense in
exercising its authority under this section. The city shall also provide a reasonable al-
ternative location for the company's facilities as part of its relocation request.
Section 6. Accessions to Franchise. The company shall maintain the availability of ser-
vice throughout the entire city including newly annexed areas. The company shall furnish
gas in sufficient quantities to supply the reasonable demands of the city and the inhabit-
ants thereof and including industrial users in accordance with the regulations and condi-
tions of service as approved by the Iowa utilities board.
Section 7. Condition of Service. The company agrees to provide and maintain its entire
plant and system in such condition that it will furnish safe, adequate, efficient and contin-
uous service.
Section 8. Regulatory Review.
(1) To the extent the provisions of this section are consistent with state and federal law
and regulation, the rights described in this section are reserved to the city and may be
exercised by it in its discretion in accord with the duty of the city to protect the health and
welfare of its citizens.
(2) Company shall, at all times, maintain an adequate pressure and adequate supply
of clean, standard gas of the British thermal unit heating value of not less than that pre-
scribed in its rules and regulations relating thereto in effect and on file from time to time
with the Iowa Utilities Board or other competent authority having jurisdiction in the prem-
ises. Should the British thermal units fall below the limitation set forth in its appropriate
rules and regulations, the rate then in effect shall be automatically and correspondi ngly
lowered and reduced during any period or periods of time in which such lower British
thermal unit value shall be furnished. The city shall have the privilege of requesting com-
pany to furnish satisfactory proof of British thermal unit content of the gas.
(3) Gas furnished to consumers under this franchise shall be pipeline quality natural
gas except that it shall contain some element or compound with an easily detected odor
in an amount sufficient to be noticeable when the gas is released, but not suffi cient to be
harmful to human or animal life or to interfere with combustion.
(4) All gas service shall be supplied through a meter which shall accurately measure
the amount of gas supplied to a consumer. The consumer shall supply a safe and proper
place for the installation of each such meter. Standards for meters and meter practices
shall be in accordance with regulations, rules or directives adopted by the Iowa Utilities
Board.
Section 9. Reserved Regulatory Rights. In the event the state of Iowa or the U nited
States ceases to regulate any aspect of the delivery of gas service now regulated by
either or both, the city reserves the right upon such cessation to regulate such matters to
the extent such matters are local affairs impacting the health, safety or welfare of resi-
dents of the city.
Section 10. Technological Changes; Energy Efficiency.
(1) Should, within the period of this franchise, developments within the field of power
or heating substances offer to the company the opportunity to more effectively, effi-
ciently and economically serve its customers through use of a substance or material
other than natural gas, then the company may petition the city council which, with such
requirements or limitations as it deems necessary to protect public health, saf ety and
20
welfare, allow the gas of such substances under the terms and conditions of this fran-
chise.
(2) The company shall be allowed to mix other combustible gases with natural gas
for distribution within the city as such mixture may be advantageous to the operation
of the company. Such use of mixed gas, however, shall not relieve the company of its
obligations under this franchise.
(3) The City and affiliate 28E organizations, intend to develop and/or partner on
development of alternative energy implementation strategies (BioCNG at the Water &
Resource Recovery Center [W&RRC] and Dubuque Metropolitan Area Solid Waste
Agency [DMASWA] are examples). Black Hills Energy agrees to cooperate in the de-
velopment of these projects to make them as effective and efficient as reasonably pos-
sible.
Section 11. Extension of Service.
(1) The company shall be required to extend its gas distribution system in accord-
ance with rules and regulations relating to customer connections and main and service
line extensions currently in effect and on file from time to time with the Iowa utilities
board or other competent authority having jurisdiction. Whenever the distribution sys-
tem is so extended, those mains and service lines that are beneath streets and roads
constructed by the city or a private developer within the city limits, and the pavement
constructed with hot mix asphalt, the company shall have all the mains and service
lines extended out of the pavement area before the final lift of asphalt is installed. If the
pavement is constructed with concrete, the service lines may be extended after the
pavement is completed. All pavement repairs shall be full depth and replaced in full
panel sections according to the city excavation policy and approved by the city engi-
neer.
(2) The city may, in the extension or modification of streets and roads, make provi-
sion for the placement of company service lines and facilities on city owned right of
way without charge to company. In the event such an area is provided, the company
must utilize the area provided for placement of its service lines and facilities as directed
by the city or other reasonable location provided by the company. Nothing in this fran-
chise shall be construed as a guarantee that in either existing right of way or in future
acquired right of way the city will provide sufficient space for any particular need bf the
company nor shall the city be required to obtain additional right of way solely for the
use of the company.
Section 12. Rates.
(1) The company shall supply gas to consumers within the city at reasonable rates.
It is recognized that under the statutes of the state of Iowa, the Iowa Utilities Board of
the Iowa department of commerce is vested with legal authority to supervise, fix or
change rates and charges authorized to be charged by the company to gas consum-
ers. It is also recognized by both the company and the city that matters involving rate
changes and charges are local in their application and effect and that the city, through
its city council, shall be within its privileges and municipal responsibilities in making
inquiries, expressing interest or adopting position on matters of rate changes or
charges by the company.
(2) In the event rates or charges in general, or any class or type of rate or charge
shall, during the term of this franchise, cease to be regulated by any state or federal
agency, the city council reserves the right to regulate such rates within the city.
21
Section 13. Reports. The company shall file with the city council a true copy of the
annual report of the company pertaining to the operation or conduct of business of the
company under this franchise. The report may be the same as the company shall have
prepared for such year in the ordinary course of the conduct of the business of the com-
pany and filed with the Iowa Utilities Board.
Section 14. Maps of Distribution System.
(1) The company shall, promptly after the award of this franchise, furnish the city engi-
neer one electronic copy, in format and datum compatible with city’s GIS program, poli-
cies and procedures, including confidentiality, detailed map or maps of its distribution
system both within the city limits and the area immediately surrounding the city. Such
maps shall include, but not be limited to, standard facilities showing the location of above-
ground and underground natural gas facilities, to be used for design and planning only.
The company shall thereafter update the map or maps every year showing all subsequent
additions or deletions to the distribution system, with GIS compatible maps to the city.
However, prior to any excavation by the city or its agents, a city representative must con-
tact the company regarding current information on the location of gas mains or gas lat-
erals in the area concerned. The obligation to contact the company under this section
shall be satisfied if contact is made with a corporation organized pursuant to Iowa Code
chapter 480 (1993) or an entity with a similar function utilized by both the city and the
company.
(2) The company and city recognize the information may in whole or part be considered
a confidential record under state or federal law or both. Therefore, the city shall not re-
lease any information without prior consent of the company and shall return the infor-
mation to company upon request. The city rec ognizes that company claims the infor-
mation may constitute a trade secret or is otherwise protected from public disclosure by
state or federal law on other grounds and agrees to protect the information to the extent
allowed by state or federal law. Furthermore, the city agrees that no documents, maps or
information provided to the city by the company shall be made available to the public or
other entities if such documents or information are exempt from disclosure under the pro-
visions of the freedom of information act, the federal energy regulatory commission critical
energy infrastructure requirements pursuant to 18 CFR 388.112 and 388.113, or chapter
22 of the code of Iowa, as such statutes and regulations may be amended from time to
time. In the event a request is made to the city for any such documents or information
and the city attorney determines in his or her sole discretion that such documents or in-
formation is not exempt from disclosure or any action at law, in equity or administrative is
brought against the city regarding disclosure of any document which the company has
designated as a trade secret or as otherwise protected from disclosure the city shall
promptly notify the company. The company may take such action as it deems necessary
to prevent such disclosure, and in the event the company fails to take any such action
within ten (10) business days after receipt of such notice, the city may disclose the docu-
ments or information without any liability of any kind to the company.
Section 15. Indemnification. The company shall indemnify and hold the city harmless
at all times during the term of this franchise from and against all claims for injury or dam-
age to persons or property caused by the construction, erection, operation or mainte-
nance of its properties, or the negligence of company contractors or company employees;
provided, however, that the company need not save the city harmless from claims, de-
mands, losses and expenses arising out of negligence of city, its employees or agents.
22
Furthermore, the city agrees to indemnify and hold the company harmless at all times
during the term of this franchise from any and all claims related to the use of company
maps for locating purposes instead of complying with Iowa Code Chapter 480 (1993) or
improper disclosure of company maps as described in Section 14 above. In case of any
suit or action at law being commenced against the city, upon any claim for damage arising
out of any loss, injury or damage, claimed to have been caused by any installation, im-
provement obstruction or excavation in any street, alley, sidewalk or public place in the
City of Dubuque, and which installation, improvement, obstruction or excavation was
made or left, in, under or upon such street, sidewalk, alley or public place by said com-
pany, its agents, contractors or employees, upon being notified by said city of such action
or proceeding, said company shall appear and make proper defense thereto; and if any
judgment or decree shall in any such case be rendered against the city therein, said com-
pany hereby agrees to assume, pay and satisfy such judgment or decree, with the costs
thereof.
Section 16. Nonassignment.
No sale, assignment or lease of this franchise shall be effective until it is approved by
the city council and until the company has filed in the office of the city clerk written notice
of the proposed sale, transfer, disposition or assignment, such notice to clearly summa-
rize the proposed procedure and the terms and conditions thereof. Such approval by the
city shall not be unreasonably withheld. The proposed vendor, assignee or lessee shall
similarly file an instrument, duly executed, reciting such proposal, accepting the terms of
this franchise and agreeing to perform all the conditions thereof.
This provision shall not apply to sales, assignments, or transfers made pursuant to a
corporate reorganization, divestiture or consolidation or to a sale of all or substantially all
of the gas distribution properties of the company.
Section 17. Material Breach; Termination. Either city o r company ("party") may termi-
nate this franchise if the other party shall be materially in breach of its provisions. Upon
the occurrence of a material breach, the non-breaching party shall provide the breaching
party with notification by certified mail specifying the alleged breach. The breaching party
shall have sixty (60) days to cure the breach, unless it notifies the non -breaching party,
and the parties agree upon a longer period for cure. If the breach is not cured within the
cure period, the non-breaching party may terminate this franchise. A party shall not be
considered to be in breach of this franchise if it has operated in compliance with state or
federal law. A party shall not be considered to have breached this franchise if the alleged
breach is the result of the actions of a third party or the other party.
Section 18. Severability. If any section or provision of this chapter is held invalid by a
court of competent jurisdiction, such holding shall not affect the validity of any other pro-
visions of this chapter which can be given effect without the invalid portion or portions and
to this end each section and provision of this chapter is severable.
Section 19. Revival. The parties recognize that over the duration of this franchise both
technological and regulatory changes will take place which will impact the enforceability
of this chapter or parts of it. In recognition of such factors, the parties agree that in the
event portions of this chapter which are now, or in the future, are found or declared inap-
plicable or unenforceable, become through a subsequent change in law or technology
again to be applicable or enforceable, such provisions shall be revived and again form a
portion of this chapter.
23
Section 20. Reservation of Home Rule Powers. This chapter is intended to be and shall
be construed as consistent with the reservation of local authority contained in the twenty
fifth amendment to the Iowa constitution granting municipalities home rule powers. To
such end, any limitation on the power of the cit y is to be strictly construed and the city
reserves to itself the right to exercise all power and authority to regulate and control its
local affairs, and all ordinances and regulations of the city shall be enforceable against
the company unless, and only to the extent, they are irreconcilable with any rights granted
the company under this franchise.
Section 21. Acquisition at Expiration. If at the expiration of this franchise the company
wishes no longer to operate the gas service system within the city or to sell, assign or
lease the system to a third party, then the company shall upon the city's request, given
not earlier than one hundred eighty (180) days before expiration or more than ninety (90)
days after, sell the gas distribution system to the city at a price determined by a mutually
agreeable appraiser, or if the parties cannot, within sixty (60) days of notice, agree upon
an appraiser, then they shall each appoint an appraiser and the appraisers shall appoint
a third, the price shall then be the price the appraisers agree upon, or if they do not agree
within sixty (60) days of being appointed, the price shall be the average of the two (2)
appraisals which are closest in dollar amount.
Section 22. Franchise Fee.
(1) The franchise fee presently imposed by the city upon the company under Ordi-
nance 59-03 as amended by Ordinance Nos. 76-03, 08-10, 07-14, 02-15, and 15-15,
shall continue under this franchise. In addition, the city is authorized to impose by or-
dinance a franchise fee up to the amount allowe d by Iowa law upon the gross revenue
generated from sales of gas by the company within the corporate limits of the city. The
company and city agree that the city council may in its discretion increase the franchise
fee by ordinance, without further consent from the company, provided no increase
shall exceed the maximum franchise fee allowed by Iowa law. Upon notice, the com-
pany shall promptly seek a tax rider tariff from the Iowa Utilities Board and the company
shall begin collecting the franchise fee and any increased fee upon receipt of written
approval of the required tax rider tariff from the Iowa Utilities Board. The city shall pro-
vide to the company’s Iowa franchise manager, by certified mail, copies of annexation
ordinances and all new property addresses to which the franchise fee will be applied.
The company shall commence collecting the franchise fee in the annexed areas sixty
(60) days thereafter.
(2) The company shall not, under any circumstances be required to return or refund
any franchise fees that have been collected from customers and remitted to the city. In
the event the company is required to provide data or information in defense of the city's
imposition of franchise fees or the company is required to assist the city in identifying
customers or calculating any franchise fee refunds for groups of or individual custom-
ers the city shall reimburse the company for the expenses incurred by the company to
provide such data or information.
Section 23. Adoption; Franchise Effective and Binding. This article and the rights and
privileges herein granted shall become effective and binding upon its approval and pas-
sage in accordance with Iowa law and the written acceptance by the company. The city
shall provide company with an original signed and sealed copy of this article within ten
(10) days of its final passage. The company shall, within thirty (30) days after the city
council approval of this article, file in the office of the clerk of the city, its acceptance in
24
writing of all the terms and provisions of this article. Following city council approval, this
article shall be published in accordance with the code of Iowa. In the event company does
not file its written acceptance of this article within thirty (30) days after its approval by the
city council this article shall be void and of no effect.
This Ordinance shall be effective once approved in accord with Iowa law.
Passed and approved this 21st day of May 2018.
/s/Roy D. Buol, Mayor
Attest: By: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of May 2018.
/s/Kevin S. Firnstahl, City Clerk
I, Kevin S. Firnstahl, City Clerk of the City of Dubuque, Iowa, hereby certify that the
above and foregoing is a true copy of Ordinance No. 17 -18, passed by the City Council
of said City at a meeting held the 21st day of May 2018, and signed by the Mayor on May
21, 2018, and published as provided by law on the 23rd day of May, 2018.
/s/Kevin S. Firnstahl, City Clerk
ACCEPTANCE
The forgoing ordinance amending the Franchise Agreement is hereby accepted by Black
Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy on the 30th day of May,
2018.
Black Hills/Iowa Gas Utility Company, LLC
d/b/a Black Hills Energy
/s/Tracy S. Peterson
Received this 30th day of May, 2018 by the City of Dubuque
/s/Kevin S. Firnstahl, City Clerk
7. Sale of City-Owned Property at 1449 Jackson Street: Proof of publication on notice
of public hearing to consider disposal of City-owned property at 1449 Jackson Street to
Community Housing Initiates (CHI) and the City Manager recommending approval. Mo-
tion by Resnick to receive and file the documents and adopt Resolution No. 154-18 Dis-
posing of City interest in real property located at 1449 Jackson Street in the City of Dubu-
que, Iowa. Seconded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 154-18
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 1449 JACKSON
STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 131-18, dated May 7, 2018, declared its
intent to dispose of City interest in real property located at 1449 Jackson Street, leg ally
described as:
The South one-half of the Middle 1/5 of Lot 494 in the City of Dubuque, Iowa, ac-
cording to the United States Commissioners’ Map of the Town of Dubuque, Iowa,
subject to easements and agreements of record
(the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on May 21, 2018 at 6:00 p.m. in the Historic Federal Building, 350 W. 6 th
Street, Dubuque, Iowa; and
25
Whereas, it is the determination of the City Council that approval of the p urchase
agreement for the sale to Community Housing Initiatives according to the terms and con-
ditions set out in the purchase agreement is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. The purchase agreement by and between the City of Dubuque and Com-
munity Housing Initiatives for the sale of the Property, a copy attached hereto, is hereby
approved.
Section 2. The Mayor and City Clerk are hereby authorized and dire cted to execute a
Special Warranty Deed, conveying the City’s interest in the Property to Community Hous-
ing Initiatives.
Section 3. That the City Clerk is hereby authorized and directed to cause said Special
Warranty Deed to be delivered to the City Attorney’s Office, together with a certified copy
of the Resolution.
Passed, approved, and adopted this 21st day of May, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Vacate Access Easement in Westbrook Subdivision : Proof of publication on notice
of public hearing to consider vacation of an access easement on Lot E of Westbrook
Subdivision as requested by Callahan Construction Inc., for a proposed storage building
and the City Manager recommending approval. Motion by ones to receive and file the
documents and adopt Resolution No. 155-18 Disposing of property by vacating City in-
terest in an Access easement located on Lot E of Westbrook Subdivision in the City of
Dubuque, Iowa. Seconded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 155-18
DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN AN ACCESS EASE-
MENT LOCATED ON LOT E OF WESTBROOK SUBDIVISION IN THE CITY OF DUBU-
QUE, IOWA
Whereas, the City Council, by Resolution No. 132-18, dated the 7th day of May 2018,
declared its intent to dispose of City interest in utility easements on real property, legally
described as:
Lot E of Westbrook Subdivision in the City of Dubuque, Iowa, according to the rec-
orded plat thereof (the Property); and recorded as instrument 2005-3188 with the
Dubuque County Recorder; and
Whereas, an access easement was platted over the northerly portion of Lot E of West-
brook Subdivision according to Final Plat of Westbrook Subdivision recorded as file num-
ber 2005-3188 in the office of the Dubuque County Recorder; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on the 21st day of May, 2018 at 6:00 p.m. in the Historic Federal Building, 350
W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that City interest in an access ease-
ment at the Property as shown on the attached Exhibit A should be vacated and doing so
is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
26
Section 1. The City hereby vacates all interest in an access easement located at the
Property as shown on the attached Exhibit A.
Section 2. The City Clerk is hereby authorized to and directed to record this resolution
with the Dubuque County Recorder.
Passed, approved, and adopted this 21st day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Vacate Public Utility Easement - 3507 Keystone Drive / J&K Real Estate, LLC: Proof
of publication on notice of public hearing to consider vacatio n of public utility easements
on Lot 1 and 2 of Pooh’s Corner – J & K Real Estate Property at Key Way Drive and
Keystone Drive and the City Manager recommending approval. Motion by Resnick to re-
ceive and file the documents and adopt Resolution No. 156-18 Disposing of property by
vacating City interest in utility easements located on Lot 1 and 2 of Pooh's Subdivision .
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 156-18
DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN UTILITY EASE-
MENTS LOCATED ON LOT AND 2 OF POOH’S CORNER IN THE CITY OF DUBUQUE,
IOWA
Whereas, the City Council, by Resolution No. 130-18, dated the 7th day of May 2018,
declared its intent to dispose of City interest in utility easements on real property, legally
described as:
Lot 1 and 2 of Pooh’s Corner in the City of Dubuque, Iowa, according to the recorded
plat thereof (the Property); and recorded as instrument 2018-00003513 with the
Dubuque County Recorder; and
Whereas, public utility easements were platted over portions of Lot 1 and 2 in Pooh’s
Corner according to Final Plat of Key Knolls Subdivision recorded as file number 2517 -
72 in the office of the Dubuque County Recorder; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on the 21st day of May, 2018 at 6:00 p.m. in the Historic Federal Building, 350
W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that City interest in utility easements
at the Property as shown on the attached Exhibit A should be vacated and doing so is in
the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. The City hereby vacates all interest in utility easements located at the Prop-
erty as shown on the attached Exhibit A.
Section 2. The City Clerk is hereby authorized to and directed to record this resolution
with the Dubuque County Recorder.
Passed, approved, and adopted this 21st day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
27
10. Dubuque Industrial Center West - Urban Renewal Plan Amendment Version
(2018.1): Proof of publication on notice of public hearing to consider an Amended and
Restated Urban Renewal Plan Version 2018.1 for the Dubuque Industrial Center Eco-
nomic Development District and the City Manager recommending approval. Motion by
Del Toro to receive and file the documents and adopt Resolution No. 157-18 Approving
the Amended and Restated Urban Renewal Plan, Version 2018.1, for the Dubuque In-
dustrial Center Economic Development District. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 157-18
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION
2018.1, FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT
DISTRICT
Whereas, by Resolution 107-18 on April 16, 2018 the City Council of the City of Dubu-
que, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan
(the “Amended and Restated Urban Renewal Plan” or “Plan”) for the Dubuque Industrial
Center Economic Development District (the "District"); and
Whereas, the Amended and Restated Urban Renewal Plan for the District, Version
2018.1, 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 Plan; and
Whereas, the City Council has found that the District’s boundaries should be amended
in order to remove a portion of undeveloped property from the District in order to accom-
modate future development on that property; 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 Pl an 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, Version 2018.1, 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 21st day of May, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Dubuque Industrial Center West - Urban Renewal Plan Amendment Version
(2018.2): Proof of publication on notice of public hearing to consider approval of the
Amended and Restated Urban Renewal Plan, Version 2018.2, for the Dubuque Industrial
Center Economic Development District, and the City Manager recommending approval.
Motion by Jones to receive and file the documents and adopt Resolution No. 158-18 Ap-
proving the Amended and Restated Urban Renewal Plan, Version 2018.2, for the Dubu-
que Industrial Center Economic Development District. Seconded by Del Toro. Motion car-
ried 7-0.
28
RESOLUTION NO. 158-18
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION
2018.2, FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT
DISTRICT
Whereas, by Resolution 108-18 on April 16, 2018 the City Council of the City of Dubu-
que, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan
(the “Amended and Restated Urban Renewal Plan” or “Plan”) for the Dubuque Industrial
Center Economic Development District (the "District"); and
Whereas, the Amended and Restated Urban Renewal Plan for the District, Version
2018.2, 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 Plan; and
Whereas, the City Council has previously approved Version 2018.1 of the Amended
and Restated Plan, which, among other things, removed an undeveloped portion of prop-
erty from the District; and
Whereas, the City Council has determined that the undeveloped property removed
from the District by Version 2018.1 of the Amended and Restated Plan continues to be
an economic development area as defined in Chapter 403 of the Iowa Code and therefore
should be included in the District’s boundaries to form a new Subarea K to the District in
order to accommodate future development on that property; 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, Version 2018.2, is hereby approved.
Section 2. That a feasible method exists for the location of any families who will be
displaced from the District, as amended, into decent, safe and sanitary dwelling accom-
modations within their means and without undue hardship to such families; and that the
Amended and Restated Plan conforms to the general plan of the City as a whole. The
City does not currently anticipate the acquisition of any real property in connection with
the land and projects included in the Plan.
Section 3. That the District, as amended, continues to be an area for economic devel-
opment (commercial and industrial) within the meaning of Iowa Code Chapter 403; that
such area is eligible for designation as an urban renewal area and otherwise meets all
requisites under the provisions of Iowa Code Chapter 403; and that the rehabilitation,
conservation, redevelopment, development, or a combination thereof, of such area is
necessary in the interest of the public health, safety or welfare of the residents of this City.
Section 4. That, notwithstanding any resolution, ordinance, plan, amendment or a ny
other document, the Amended and Restated Plan shall be in full force and effect from the
date of this Resolution until the Council amends or repeals the Plan.
Section 5. 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.
29
Passed, approved and adopted this 21st day of May, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. (Moved) Medline Industries, Inc. - Proposed Development Agreement, Intent to Dis-
pose of City- Owned Real Estate, and the Issuance of Urban Renewal Tax Increment
Revenue Grant Obligations Pursuant to the Development Agreement: Proof of publication
on notice of public hearing to consider approval of a Development Agreement between
Medline Industries, Inc. and the City of Dubuque providing for the sale of City-owned real
estate in the Dubuque Industrial Center Economic Development District to Medline Indus-
tries, Inc. and the issuance of Urban Renewal Tax Increment Revenue Grant Obligations
pursuant to the Development Agreement, and the City Manager recommending approval.
Motion by Resnick to receive and file the documents and adopt Resolution No. 159 -18
Approving a Development Agreement by and between the City of Dubuque, Iowa and
Medline Industries, Inc. providing for the issuance of Urban Renewal Tax Increment Rev-
enue Obligations and the sale of Lot 1 of Dubuque Industrial Center North Third Addition
in the City of Dubuque, Iowa. Seconded by Jones. Dan Mc Donald, Vice President of Ex-
isting Businesses for Greater Dubuque Development Corporation, 900 Jackson Street;
Rene Poppe, Vice President of Customer Services for Medline Industries, Inc., 7900 Cha-
venelle Rd., spoke in support of the project. Motion carrie d 7-0.
RESOLUTION NO. 159-18
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND MEDLINE INDUSTRIES, INC. PROVIDING FOR THE ISSU-
ANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE
SALE OF LOT 1 OF DUBUQUE INDUSTRIAL CENTER NORTH THIRD ADDITION IN
THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 71-18, dated March 19, 2018 declared
its intent to enter into a Development Agreement with Medline Industries, Inc. for the sale
of Lot 1 of Dubuque Industrial Center North Third Addition in the City of Dubuque, Iowa
(the Property) and the issuance of urban renewal tax increment revenue obligations; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on May 21, 2018 at 6:00 p.m. in the City Council Chambers at the Historic
Federal building, 350 W. 6th Street, Dubuque, Iowa.; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement, for the sale to and development of the P roperty by Medline Industries, Inc.
according to the terms and conditions set out in the Development Agreement is in the
public interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement by and between the City of Dubuque and
Medline Industries, Inc., a copy of which is attached hereto, including the issuance of
urban renewal tax increment revenue obligations and the sale of Lot 1 of Dubuque Indus-
trial Center North Third Addition in the City of Dubuque, Iowa, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Develop-
ment Agreement on behalf of the City of Dubuque and the City Clerk is authorized and
directed to attest to his signature.
30
Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute
and deliver a Special Warranty Deed for the Property as provided in the Development
Agreement.
Section 4. That the City Manager is authorized to take s uch actions as are necessary
to comply with the terms of the Development Agreement as herein approved.
Passed, approved and adopted this 21st day of May, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Purina Drive Salt Storage Fabric Building: Proof of publication on notice of public
hearing to approve the plans, specifications, form of contact and estimated cost for the
Purina Drive Salt Storage Fabric Building and the City Manager recommending approval.
Motion by Jones to receive and file the documents and adopt Resolution No. 160-18 Ap-
proval of plans, specifications, form of contract and estimated cost for the Purina Drive
Salt Storage Fabric Building. Seconded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 160-18
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE PURINA DRIVE SALT STORAGE FABRIC BUILDING
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 costs for the
Purina Drive Salt Storage Fabric Building Project, in the estimated amount $609,585, are
hereby approved.
Passed, adopted and approved this 21st day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Phase 3 – HMA Pavement Milling and Resurfacing Project US52 / White Street (9th
to 11th Streets) and 11th Street (White to Elm Streets): Proof of publication on noticed of
public hearing to consider approval of the plans, specifications, form of contract, and es-
timated cost for the Phase 3 – HMA Pavement Milling and Resurfacing Project US52 /
White Street (9th to 11th Streets) and 11th Street (White to Elm Streets) and the City Man-
ager recommending approval. Motion by Larson to receive and file the documents and
adopt Resolution No. 161-18 Approval of plans, specifications, form of contract, and es-
timated cost for the HMA Pavement Milling and Resurfacing Project on US52 White Street
from 9th to 11th Street and on 11th Street from White to Elm Street. Seconded by Resnick.
Motion carried 7-0.
RESOLUTION NO. 161-18
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE HMA PAVEMENT MILLING AND RESURFACING PROJECT
ON US52 WHITE STREET FROM 9TH TO 11TH STREET AND ON 11TH STREET FROM
WHITE TO ELM STREET
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
31
That the proposed plans, specifications, form of contract and estimated cost for the
HMA Pavement Milling and Resurfacing Project on US52 White Street from 9th to 11th
Street and on 11th Street from White to Elm Street, in the estimated amount $508,000.00,
are hereby approved.
Passed, adopted and approved this 21st day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. 30-Inch Force Main Relocation Project Phase III: Proof of publication on notice of
public hearing to consider approval of approval plans, specifications, form of contract,
and estimated cost for the 30-Inch Force Main Relocation Project Phase III and the City
Manager recommending approval. Motion by Del Toro to receive and file the documents
and adopt Resolution No. 162-18 Approval of plans, specifications, form of contract and
estimated cost for the Phase III of the 30-Inch Force Main Relocation Project from 7th
Street to 12th Street. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 162-18
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE PHASE III OF THE 30-INCH FORCE MAIN RELOCATION
PROJECT FROM 7TH STREET TO 12TH STREET
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 for
Phase III of the 30-inch Force Main Relocation Project from 11th Street to 12th Street, in
the estimated amount $597,400.00, are hereby approved.
Passed, adopted and approved this 21st day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Lynn Sutton, 859 Air Hill, expressed her concerns about problem properties she spoke
of to Council at a previous meeting that have since been inspected but repairs are still not
completed.
ACTION ITEMS
1. Grant Wood Loop Parks-to-People Presentation: Dave Heiar and Nicholas Hocken-
berry of the Jackson County Economic Alliance and Leisure Services Manager Marie
Ware shared a presentation on the Grant Wood Loop Parks-to-People Initiative progress
and partnerships. Highlights included: background of the Parks-to-People Initiative; team
members and stakeholders; regional collaboration; planning process; early initiatives 3 -
year plan; regional brand and website; intrinsic benefits; and long-term perspective. The
presenters responded to questions from the City Council. Motion by Larson to receive
and file the documents. Seconded by Jones. Motion carried 7 -0.
32
2. Leisure Services Summer Neighborhood Programs: Leisure Services Manager Dan
Kroger presented information on the Leisure Services summer and neighborhood recre-
ational programming for 2018. Highlights included: relationship with the City’s 2032 Vision
Statement; outcomes focus for summer programming; What’s happening; partnering for
a better Dubuque; changing playgrounds to better serve children; door-to-door marketing;
summer youth enrichment; scholarship availability and funding uses; free summer events
in parks; opportunities for teens; and value to residents. Mr. Kroger responded to ques-
tions from the City Council. Motion by Jones to receive and file the documents. Seconded
by Resnick. Motion carried 7-0.
3. Dubuque Industrial Center West Urban Renewal Ordinance 2018.2 : City Manager
recommending approval of an ordinance amending the Tax Increment Ordinance for the
Dubuque Industrial Center Economic Development District as the District’s boundaries
were amended by Version 2018.1 and Version 2018.2 of the Amended and Restated
Urban Renewal Plan. 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 Del Toro. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 18-18 Amending
Ordinance No. 49-16, Previously Amended, providing that general prope rty taxes levied
and collected each year on all property located within the Amended and Restated Dubu-
que 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 . Seconded by
Del Toro. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 18-18
AMENDING ORDINANCE NO. 49-16, PREVIOUSLY AMENDED, PROVIDING THAT
GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUS-
TRIAL 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 DIS-
TRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTER-
EST 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 ECO-
NOMIC DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PRO-
JECT
Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industrial
Center Economic Development District (the “District”) described in Resolution No. 130 -
33
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 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, Resolution No. 309 -15 on September 8, 2015, Resolution No. 132 -16
on September 19, 2016, and Resolution No. 157-18 and Resolution No. 158-18 on May
21, 2018 (as amended and restated, the “Urban Renewal Plan” or “Amended and Re-
stated Urban Renewal Plan”); and
Whereas, the City Council of the City of Dubuque, Iowa originally provided for the divi-
sion of taxes pursuant to Section 403.19 of the Code of Iowa within the Distric t 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 No-
vember 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, by Ordinance No. 55-15
on September 8, 2015, and by Ordinance No. 49 -16 on September 19, 2016; 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 District, and the continuing needs of redevelopment within the District are such as to
require the continued application of the incremental tax resources of the District; and
Whereas, the following enactment is necessary to accomplish the objectives described
in the premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Ordinance Number 49-16 is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the following
meanings:
(a) Original Project Area means that portion of the City of Dubuque, Iowa de-
scribed in the Urban Renewal Plan for the District approved by Resolution No. 130-
88 on May 2, 1988, and subsequently amended by Resolution No. 484 -90 on De-
cember 17, 1990, which Original Project Area includes the lots and parcels located
within the area now legally described as follows:
All of Dubuque Industrial Center Eighth Addition; and
All of Lot 1 Dubuque Industrial Center 13th Addition; and
Lot 2 Dubuque Industrial Center 13th Addition; and
Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center 11th Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1-3 Dubuque Industrial Center 12th Addition; and
Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 10th Addition; and
Lot 2-3 Dubuque Industrial Center 12th Addition; and
Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 12th Addition; and
Lot 2 Dubuque Industrial Center Ninth Addition; and
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Lot 2 Dubuque Industrial Center 12th Addition; and
Lot 2-2 Dubuque Industrial Center Sixth Addition; and
Lot 3 Dubuque Industrial Center Ninth Addition; and
Lot 1 Dubuque Industrial Center Sixth Addition; an d
Lot 2 of 2 Dubuque Industrial Center 7th Addition; and
Lot 2-1 Walter Addition; and
Lot 2-1 Walter Addition; and
And all 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 means that portion of the City of Dubuque, Iowa described as
Subarea B in the Amended and Restated Urban Renewal Plan for the District ap-
proved 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 as originally
platted; and
Lots 1, 2, 3, 4, 5, 6, 7, 8, and C of Dubuque Industrial Center West 2nd Addition
as originally platted; and
Lots 1, 2, 3, 4, B, and C of Dubuque Industrial Center West 4th Addition as orig-
inally platted; 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 Industrial
Center West 5th Addition as originally platted; and
Lots 1, 2, and A of Dubuque Industrial Center West 6th Addition as originally
platted; and
Lots 1, 1 of 2, and 2 of 2 of Dubuque Industrial Center West 7th Ad dition as
originally platted; 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 as originally platted; and
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 Section
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 South-
west Quarter in Section 29, Township 89 North, Range 2 East, 5th Principal Me-
ridian; and
any adjoining public street right-of-way all in the City of Dubuque, Dubuque
County, Iowa.
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(c) Subarea C means that portion of the City of Dubuque, Iowa described as
Subarea C in the Amended and Restated Urban Renewal Plan for the District ap-
proved 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:
Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and
Lots 2, 3, C and A of Dubuque Industrial Center North First Addition, excepting
that Part of said Lot A originally platted as Lot 2 of the SW ¼ of the NW ¼ of Sec.
30, T89N, R2E of the 5th PM; and
and any adjoining public street right-of-way, all in the City of Dubuque, Dubuque
County, Iowa,
EXCEPT those lots and parcels now forming Subarea K.
(d) Subarea D means that portion of the City of Dubuque, Iowa described as
Subarea D in the Amended and Restated Urban Renewal Plan for the District ap-
proved 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:
Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque In-
dustrial Center West 8th Addition in the City of Dubuque, Dubuque County, Iowa.
(e) Subarea E means that portion of the City of Dubuque, Iowa
described as Subarea E in the Amended and Restated Urban Renewal Plan for
the District approved 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 as originally
platted, 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 Industrial Center
West 2nd Addition in the City of Dubuque, Dubuque County, Iowa, including
crossings at the intersections of Old Highway Road and Chicago Central & Pacific
Railroad rights-of-way.
(f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque
County described as Subarea F in the Amended and Restated Urban Renewal Plan
for the District approved by Resolution No. 197-15 on June 1, 2015, which Subarea
F includes the lots and parcels located within the area legally described as follows:
Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the
recorded plat thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One-quarter, Section
25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center
Township, Dubuque County, Iowa;
Lot 2 in “W.A. Norman Place" in Section 25, Center Township, Dubuque County,
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 t he
5th P.M., in Center Township, Dubuque County, Iowa.
(g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque
County described as Subarea G in the Amended and Restated Urban Renewal Plan
for the District approved by Resolution No. 309-15 on September 8, 2015, which
36
Subarea G includes the lots and parcels located within the area legally described
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 Section
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.
(h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque
County described as Subarea H in the Amended and Restated Urban Renewal Plan
for the District approved by Resolution No. 332 -16 on September 19, 2016, which
Subarea H includes the lots and parcels located within the area legally described as
follows:
Lot 1 of the Northeast ¼ of the Northeast ¼, and Lot 2 of Lot 1 of Lot 1 of Lot 2
of the Northeast ¼ of the Northeast ¼, of Section 30, in Township 89 North,
Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
(i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque
County described as Subarea I in the Amended and Restated Urban Renewal Plan
for the District approved by Resolution No. 332 -16 on September 19, 2016, which
Subarea I includes the lots and parcels located within the area legally described as
follows:
Lot 2 Seippel Road Place #2, Dubuque County, Iowa.
Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Town-
ship 89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa
(j) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque
County described as Subarea J in the Amended and Restated Urban Renewal Plan
for the District approved by Resolution No. 332 -16 on September 19, 2016, which
Subarea J includes the lots and parcels located within the area legally described as
follows:
Lot 2 Julien Care Place, Dubuque County, Iowa.
Lot 3 Julien Care Place, Dubuque County, Iowa
Lot 2-1 Julien Care Place, Dubuque County, Iowa
(k) Subarea K means that portion of the City of Dubuque, Iowa, removed from
Subarea C of the District by Version 2018.1 of the Amended and Restated Plan for
the District approved by Resolution No. 157-18, and added to the District by Version
2018.2 of the Amended and Restated Plan for the District approved by Resolution
No. 158-18 as Subarea K, all on May 21, 2018, which Subarea K includes the lots
and parcels located within the area legally described as follows:
37
Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque,
Iowa.
(l) Amended Project Area means that portion of the City of Dubuque, Iowa and
Dubuque County included within the Original Project Area, Subarea B, Subarea C
(except those lots and parcels now forming Subarea K), Subarea D, Subarea E,
Subarea F, Subarea G, Subarea H, Subarea I, Subarea J, and Subarea K, each as
described in this Section.
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 an d 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
districts taxing property in the Original Project Area upon the total sum of the asses sed
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 effective
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 assessment roll applicable to property in such Subarea as of January 1 of the cal-
endar year preceding the effective date of Ordinance No. 66-97.
As to Subarea C (except the lots and parcels now forming Subarea K), 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 assessment roll applicable to
property in such subarea as of January 1 of the calendar year preceding the effective
date of Ordinance No. 70-08, and base values shall be reduced due to the removal of
area from Subarea C.
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 assessment roll applicable to property in such subarea as of January 1 of the cal-
endar 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 assessment roll applicable to property in such subarea as of January 1 of the cal-
endar 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 assessment roll applicable to property in such subarea as of January 1 of the cal-
endar 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 assessment roll applicable to property in such subarea as of January 1 of the cal-
endar year preceding the effective date of Ordinance No. 55-15.
38
As to Subarea H, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2015, being
the assessment roll applicable to property in such subarea as of January 1 of the cal-
endar year preceding the effective date of Ordinance No. 49-16.
As to Subarea I, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2015, being
the assessment roll applicable to property in such subarea as of January 1 of the cal-
endar year preceding the effective date of Ordinance No. 49-16.
As to Subarea J, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2015, being
the assessment roll applicable to property in such subarea as of Jan uary 1 of the cal-
endar year preceding the effective date of Ordinance No. 49-16.
As to Subarea K, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2017, being
the assessment roll applicable to property in such subarea as of January 1 of the cal-
endar year preceding the effective date of this Ordinance No. 18 -18.
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 refinance,
in whole or in part, urban renewal projects undertaken within the Amended Project 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 distri ct,
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 Area 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 loa ns, 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 Amended Pro-
ject 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
39
in Ordinance No. 49-16. In the event that any provision of this Ordinance shall be deter-
mined to be contrary to law it shall not affect other provisions or application of this Ordi-
nance 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 con-
tained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and publi-
cation as provided by law.
Passed and approved this 21st day of May 2018.
/s/Roy Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Read first time: May 21, 2018
Passed and approved: May 21, 2018
Published: May 25, 2018
4. Award of the 17th Street Storm Sewer Improvements Project (Elm Street to Heeb
Street): City Manager recommending award of the construction contract for the 17th Street
Storm Sewer Improvements Project (Elm Street to Heeb Street) to the low bidder Lang-
man Construction, Inc. Motion by Resnick to receive and file the documents and adopt
Resolution No. 163-18 Awarding public improvement contract for the 17th Street Storm
Sewer Project (Elm to Heeb). Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 163-18
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 17th STREET STORM
SEWER PROJECT (ELM TO HEEB)
Whereas, sealed proposals have been submitted by contractors for the 17 th Street
Storm Sewer Project (Elm to Heeb), (the Project) pursuant to Resolution No. 106-18 and
Notice to Bidders published on the City of Dubuque, Iowa website and plan room service
with statewide circulation on the 20th day of April 2018; and
Whereas, said sealed proposals were opened and read on the 10th day of May 2018
and it has been determined that Langman Construction, Inc. of Rock Island, IL, with a bid
in the amount of $3,720,555.75 is the lowest responsive, responsible bidder for the Pro-
ject.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Langman
Construction, Inc. and the City Manager is hereby directed to execute a Public Improve-
ment Contract on behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 21st day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Request for Proposals - Central Avenue Streetscape Master Plan: City Manager
recommending approval of the Request for Proposals for the Central Avenue Corridor
Streetscape Master Plan. Motion by Del Toro to receive and file the documents and ap-
prove the recommendation. Seconded by Jones. Responding to a request from City
Council regarding future traffic concerns with a possible return to two-way traffic, City
40
Manager Van Milligen stated that while a traffic study is not part of the plan, a study could
be done. Motion carried 7-0.
6. Request to Schedule Work Session on Workforce Solutions: City Manager recom-
mending that the City Council schedule a Work Session for Monday, June 25, 2018, at
6:00 p.m. at the Historic Federal Building Council Chambers for a presentation by Greater
Dubuque Development Corporation President & CEO Rick Dickinson and Vice President
of Workforce Solutions Kristin Dietzel on workforce solutions. Motion by Jones to receive
and file the documents and schedule the work session as reco mmended. Seconded by
Shaw. Council Member Resnick stated that he is unavailable on that date but will review
the video after the fact. Motion carried 7-0.
7. Request to Schedule Work Session on Levee Breach Modeling Study: City Manager
requesting that the City Council schedule a work session for July 23, 2018 on the results
of the Levee Breach Modeling Study. Motion by Jones to receive and file the documents
and schedule the work session as recommended. Seconded by Resnick. Council Mem-
bers Shaw and Rios stated that they are unavailable on that date but will review the video
after the fact. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Shaw encouraged community members to attend the Pride event on
June 3 and relayed a personal story that has ca used him to since support the LGBTQ
community. Mr. Shaw expressed his concerns for safe rental housing as mentioned by
Lynn Sutton during Public Input suggesting that the Council remain vigilant on this issue
through discussion at this year’s Goal Setting sessions. Referencing the Multicultural
Family Center agreement from the Consent Agenda Mr. Shaw expressed his concerns
over the loss of the Winter Farmer’s Market space in light of the investment the City is
making in the property with the hope that the City can facilitate a new location for the
market.
Council Member Larson inquired as to whether or not the unsafe housing report was
made available to the Friendly Fair Housing group. City Manager Van Milligen state that
is was made available at the monthly meeting. Ms. Larson also expressed hope for City
assistance in finding a new location for the displaced Winter Farmer’s Market.
Council Member Resnick reiterated his concerns over missing information and contin-
ued questions related to the Five Flags Assessment Study in terms of property tax impact,
budget and the need for fresh ideas. Mr. Resnick requested that the issue be added to
the August Goal Setting session for further discussion.
There being no further business, upon motion, the City Council adjourned at 7:51 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk